NCIA’s Statement on Interlocutory Appeal in Federal Cannabis Rescheduling Hearing
The historic hearing scheduled to examine how marijuana is classified under federal law that could have potentially moved it into Schedule III of the Controlled Substances Act has been postponed indefinitely.
The DEA’s Chief Administrative Law Judge (ALJ) Mulrooney recently granted a request for leave to file an interlocutory appeal, resulting in the cancellation of the merit-based hearing and effectively pausing the proceedings for at least three months. With a new administration being sworn in imminently and a new DEA Administrator who has yet to be selected, future action remains uncertain.
The movants (Village Farms International, Hemp for Victory, Office of the Cannabis Ombudsman of Connecticut, et. al.) behind the request were Designated Participants (DPs) without standing who purport to be pro-rescheduling, despite the fact that their motion will require operators to continue paying the exorbitant tax rates that 280E imposes and has galvanized prohibitionists. The interlocutory appeal was filed in an attempt to remove the DEA as the proponent of the rescheduling rule due to evidence the agency was biased against cannabis and had engaged in communications with prohibitionist group Project SAM and other opponents outside of the legal process.
While we agree that the DEA was unsurprisingly not free from bias, NCIA did not subscribe to this strategy because removing the DEA from its own administrative court was never a viable option and would have only resulted in delay or perhaps the end of the rescheduling process.
As the only pro-cannabis party granted standing in these proceedings, we are very disappointed in this unfortunate turn of events initiated by parties without legal standing.
“We believe this to be an ill-conceived strategy that benefits no one but the prohibitionists seeking to hinder reform,” said NCIA CEO & Co-founder Aaron Smith. “Our members need rescheduling and tax relief now, and we remain committed to advancing these reforms through whatever means available in the weeks and months ahead.”
This development underscores the importance of NCIA’s ongoing work advocating for the cannabis industry in Congress and the new administration. It will be up to the next DEA Administrator to determine the future of cannabis scheduling and NCIA will be working hard to ensure getting the process back on track is a priority.
Our pro bono legal teams at Greenbridge Corporate Counsel and Fox Rothschild are exploring every avenue possible to get the proceedings back on track and ensure meaningful progress continues.
NCIA Only Pro-Cannabis Organization Granted Standing in DEA Rescheduling Proceedings
On November 19, the DEA’s Chief Administrative Law Judge John Mulrooney issued a ruling granting the National Cannabis Industry Association (NCIA) full standing to participate in the upcoming hearings on the agency’s proposed rule to reclassify marijuana from Schedule I to III in the federal Controlled Substances Act.
NCIA was the only party granted standing that supports rescheduling, while all 12 parties in opposition to the proposed change were given the nod to move forward. We are proud to be able to represent the cannabis industry in these important proceedings, which could yield a groundbreaking outcome for the legal cannabis industry should our efforts prove successful.
The hearing will officially commence on January 21, 2025 and conclude during the first week of March. The Administrative Law Judge (ALJ) presiding over the proceedings has stipulated that each Designated Participant (DP) may present one witness that can testify for 90 minutes maximum. According to the schedule outlined by the ALJ, NCIA’s witness will testify on January 29.
NCIA unequivocally supports descheduling marijuana entirely, however, we recognize that the federal government is currently only considering rescheduling. As such, our organization is in favor of a move to Schedule III, but filed a “limited objection” to the proposed rule that focuses mainly on how the DEA could use this opportunity to make currently unscheduled cannabinoids Schedule I (or III).
Quotes from the Judge on NCIA’s limited objection: “cleverly put”, called it “a fine bit of lawyering“, and opined that it was “good to read something so thoughtful“. Our organization would like to highlight the work of policy co-chairs Khurshid Khoja and Michael Cooper, as well as the team at Fox Rothschild for spearheading our crafty argument!
These hearings are the final phase of a process to review and reclassify cannabis that was set in motion by President Biden in October 2022. NCIA has advocated for the legal cannabis industry throughout this process, strongly supporting the move to Schedule III as a critical first step toward ultimately making cannabis legal at the federal level.
Moving cannabis to Schedule III would not only be the first federal acknowledgment of the medicinal value of cannabis, it would eliminate the unjust burden of Tax Code Section 280E on the cannabis industry, allowing all businesses in the sector to take the ordinary business deductions afforded to other industries.
Currently, plant-touching cannabis businesses are collectively overpaying the IRS more than $2 billion annually in excess taxes. This stifles profitability and drives up costs across the entire industry—for licensees and ancillary businesses alike. So there is a lot at stake in the upcoming hearings and NCIA is up to the task of representing the industry and bringing home a big win for regulated cannabis.
I invite anyone interested in a favorable outcome to join our efforts by becoming a member of NCIA now so that we have the resources we need to make the best possible case for the cannabis industry in these proceedings. There are also opportunities for business leaders to pull up a seat at the table and provide input to NCIA during this important process, set up a call with someone on our team to learn more.
NCIA Comments on Federal Marijuana Rescheduling
On behalf of over 500 member-businesses NCIA has submitted extensive public comment to the Department of Justice in support of the proposed rule to reclassify marijuana from Schedule I to Schedule III in the Controlled Substances Act.
We are calling on the DEA reschedule, without delay and to issue guidance to federal agencies to ensure state-based cannabis programs are not disrupted by inappropriate federal enforcement.
Moving cannabis to Schedule III would be a historic step forward and a significant relief for the industry, as the unfair tax burden of 280E would no longer apply to state-legal businesses. However, rescheduling is not the end of the road. As an industry, we must continue to advocate for federal legalization and sensible regulations for marijuana and hemp-derived cannabinoid products.
During the DOJ’s sixty-day public comment period on rescheduling, nearly 40,000 comments were submitted by various agencies, organizations, academics, and concerned citizens. An overwhelming 91% were submitted in favor of moving cannabis to a less restrictive Schedule or making it legal under federal law, according to an analysis of the data conducted by NCIA member and leading market intelligence and consumer trends platform, Headset.
The analysis found that among those supporting a change 56% advocated for complete descheduling of cannabis and 35% supported rescheduling to a less restrictive category.
NCIA Welcomes New and Returning Members to its Board
The National Cannabis Industry Association (NCIA) is thrilled to unveil the distinguished individuals selected to join its board for the 2024-26 term. Comprising leaders and innovators from various sectors, the newly appointed board members bring a wealth of expertise and commitment to shaping the future of the cannabis industry.
As the CEO of NCIA Evergreen Member FundCanna, Adam Stettner, with extensive experience beyond cannabis, advocates for strong industry representation, emphasizing the need for varied perspectives, political savvy, and insights from a nationwide service provider, eager to advance the collective cause.
Josh Wurzer, Co-Founder and Chief Compliance Officer at SC Labs, is a pioneer in cannabis testing, having commercially tested medical cannabis since 2008. With roles on various industry advisory groups and boards, including the California Cannabis Industry Association and the U.S. Pharmacopeia Cannabis Expert Panel, Josh brings unparalleled expertise in cannabis science to the NCIA board, championing quality control and safety.
Incumbents Returning for Another Term
The Annual Nominating Committee, consisting of sector committee chairs and select board members, has also appointed six esteemed incumbents for another two-year term:
This selection process, guided by transparency and inclusivity, is a testament to NCIA’s commitment to representing the diverse voices within the cannabis industry.
Leadership for the Cannabis Community
NCIA, proudly recognized as the most inclusive and transparent association in the cannabis industry, emphasizes the significance of leadership chosen by its membership. Board members, selected through a thoughtful and democratic process, serve two-year terms, ensuring a continuous infusion of fresh perspectives.
The eight newly nominated board members will join their counterparts currently serving in the 2023-25 term. This blend of experienced incumbents and dynamic newcomers underscores NCIA’s dedication to fostering an environment that encourages growth and innovation.
A Commitment to Values
As an organization, NCIA is steadfast in upholding the values expected by its members. The board, with its diverse composition, reflects the industry’s dynamism and mirrors the inclusive nature of the association.
For a detailed overview of the board members and their impressive bios, please visit our Board Members Page.
NCIA remains at the forefront of championing the cannabis industry’s growth and prosperity. The 2024-26 board is poised to lead with vision and dedication, ensuring that NCIA continues to be a driving force in shaping the future of cannabis.
Ohio Becomes 24th State to Regulate Adult-Use!
On November 7, voters in the Ohio overwhelmingly approved Issue 2 which legalizes and regulates the sale and production of cannabis for adults over 21. The initiative, which goes into effect December 7, will legalize the possession of up to 2.5 ounces and the personal cultivation of up to six plants.
The initiative requires state regulators begin approving retail licenses by September 2024. The measure includes a 10% sales tax which directs funds to municipalities with dispensaries as well as vital services such as addiction treatment and social equity and jobs programs.
Ohio will become the 24th state to regulate the adult-use market and the move sets the percentage of Americans living in a state with legal cannabis to 53%.
“Congratulations to the Buckeye State. Well over half of Americans now live in a state that has opted to replace marijuana prohibition with laws that foster a well regulated, responsible adult cannabis market.” Stated NCIA CEO & Co-founder, Aaron Smith. “Now let’s make sure Congress and the White House make federal reform a priority as we head into 2024.”
Despite overwhelming voter support, prohibitionist Republican state legislators are already working to gut the initiative. Read more at Marijuana Moment.
Membership Has its Benefits
Join the Movement. Become a member of NCIA today.
As the only trade association focused on representing independent cannabis businesses, joining the National Cannabis Industry Association ensures your business and the Main Street Cannabis industry have a seat at the table where the future rules for national legalization are being written.
Our members also enjoy unparalleled ROI and benefits to help them thrive in an increasingly challenging environment, including:
Detailed market data through complimentary access to BDSA’s GreenEdge market intelligence platform and custom market reports from New Frontier Data ($4,000 total annual value) ,
Eligibility to serve on any of NCIA’s 14 sector-specific committees to weigh in on policy positions and develop best practices that will shape the cannabis industry for decades,
Listing or logo impression in NCIA’s high-traffic online industry directory and invitation to participate in exclusive NCIA member LinkedIN community,
Complimentary access to regional events and exclusive invitation to NCIA’s Annual Cannabis Industry Lobby Days in Washington, D.C., and
Ability to demonstrate your thought leadership by submitting guest content to NCIA’s Industry Essentials Blog or to post news about your company on our website,
Information on policy developments affecting your business and ability to engage with state regulators and lawmakers during our regular “Policy Matters” webinar series,
Recognition of your support for NCIA’s Social Equity Scholarship Program providing free support for those entering the industry from communities most impacted by the war on drugs,
Discounts on products, services, and marketing opportunities; and
Many more benefits providing your business with a competitive advantage over those still sitting on the sidelines of the national reform movement.
Starting at only $1,000 annually, NCIA offers membership plans for businesses of all types and sizes. Schedule a meeting with us to learn more!
Even With So Much Progress, We Must Remain Diligent
By Rachel Kurtz-McAlaine, NCIA’s Deputy Director of Public Policy
What a time to be in the cannabis industry! Federal legalization feels like it is finally on the horizon, especially with the big news that tomorrow will be a press conference to introduce a draft discussion bill that has been promised by Senate Majority Leader Chuck Schumer Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ).
When I first started cannabis reform advocacy 25 years ago, cannabis legalization seemed unattainable in my lifetime, given the stigma we were, and still are, up against. But medical cannabis was just starting to pass and more of us were coming around to believing in the potential of the plant and being horrified at the war on drugs to the point that we devoted our lives to ending it. That includes the founders of this organization and many who went on to start businesses that are now members of NCIA.
Running a business in the cannabis industry can be a daily challenge, from banking to text messaging to supply chain issues, so it may be hard to notice the sea change happening with cannabis bills around the country. Four state legislatures legalized cannabis just within the first six months of this year, for a total of 18 states and Washington, D.C., that have legalized cannabis for adult use over 21 years of age. (You can check out our state policy map to learn more about the status of different states.)
Believe it or not, that sea change is happening in Congress, too, and we want to make sure we’re doing everything we can to inform you about what is happening and to hear you.
As Michelle wrote about previously in the Government Relations blog, Give Us MORE, the MORE Act of 2021 was reintroduced at the end of this Spring in the House of Representatives. Read Michelle’s excellent summary, but more importantly, read the bill! An almost identical version of the MORE Act passed the House last Fall, only to be held up by a GOP-led Senate, but showed the real momentum happening in Congress.
Despite the hold up in the Senate, there is some bipartisan support. A Republican bill was even introduced in the House, the “Common Sense Cannabis Reform For Veterans, Small Businesses, and Medical Professionals Act,” that would have similar legalization efforts to the MORE Act, such as descheduling cannabis from the Controlled Substances Act and punting on regulations to federal agencies, but would not have any of the provisions that address industry equity and retribution from the years of harm caused by cannabis prohibition.
Support for legalization is now so mainstream that even Amazon is now backing cannabis legalization, expressing support for the MORE Act, although it remains to be seen if they will continue supporting MORE or get behind Sen. Schumer’s bill.
The SAFE Banking Act of 2021 is still in play and remains a crucial bill given that it could have the highest likelihood of passing the soonest. It can be overlooked given the trajectory of descheduling bills, but NCIA’s Government Relations team remains committed to SAFE and continues lobbying for it because, even though we’re planning what descheduling looks like now, it could take a few years to get there. In the meantime, banking is in emergency status.
As federal descheduling appears on the horizon, I encourage you to read the bills, including the Schumer bill, and consider how they will affect you and your business. I’m not saying legislation will necessarily pass this year, but right now is when ideas are being discussed, amendments are being drawn up, decisions are being made.
Consider how much we need to do federally versus getting the states to standardize their regulations versus having a set of voluntary self-regulatory measures that shows we are a self-aware industry and want to be safe for our customers. Keep in mind that much of the alcohol industry is self-regulated, and why would we purposely advocate to regulate ourselves more than the alcohol industry when cannabis is demonstrably safer? I appreciate the thriving alcohol market, the innovation and craft, but I know we can do even better while minimizing harm and acknowledging the past harm, but we have to be diligent.
NCIA is proud and honored to be representing the broad spectrum of the industry, from multi-state operators, to small legacy farmers, to those that have been hurt by past prohibition and want to be part of this thriving industry – all of the industry. That means hearing from you, your concerns, your ideas, your insights. Please feel free to contact me at Rachel@TheCannabisIndustry.org.
I encourage you to read the bills, including Sen. Schumer’s draft discussion bill being released tomorrow, keep reading blog posts, watching webinars, checking out NCIA’s industry buzz, and stay informed because a new day is dawning, but it’s going to be a long day, so we better be prepared for it.
Cannabis Advertising, Marketing, and Branding Restrictions are Aimed at Preventing Youth Use, So Why Are We Driving Them to Drink?
by Rachel Kurtz-McAlaine, NCIA Deputy Director of Public Policy
A Seattle Hempfest lawsuit against the Washington State Liquor and Cannabis Board asks this question.
The title for this piece was inspired by the late Steve Fox, one of the founders of the National Cannabis Industry Association and co-author of the book, “Marijuana Is Safer: So Why Are We Driving People to Drink?” Written in 2009, it questioned why we were punishing adults for choosing a safer alternative to alcohol by criminalizing cannabis use while alcohol was legal. But it remains relevant when considering the laws and regulations under which each respective industry operates.
Last week I wrote about SMS text messaging and the challenges the cannabis industry is currently facing. The industry turns to SMS (text messaging) to a large extent for marketing purposes, often connected with loyalty programs. SMS is a great way to reach someone who specifically asked to receive the marketing and has already been vetted at the store to be over 21, which is huge in an industry with so many restrictions around marketing, advertising, and branding.
But a lawsuit currently under appeal at the Washington State Court of Appeals (having been passed down by the Wash. Supreme Court) is questioning some of these restrictions, especially when compared to the dearth of alcohol marketing restrictions. Seattle Events, who produces Seattle Hempfest, and a couple of legally licensed Washington cannabis companies brought the lawsuit against the Washington State Liquor and Cannabis Board (WSLCB) challenging some statutes and regulations that unfairly harm the industry and Hempfest by imposing restrictions around marketing, advertising, and branding that are not based on any meaningful data and are far more severe than restrictions around alcohol marketing. The differences are pretty stark when comparing the marketing rules and regulations on alcohol RCW 66.08.060 and WAC 314-52-070 with those on cannabis RCW 69.50.369 and WAC 314-55-155.
In Appellant’s Opening Brief, Hempfest and the other appellants offer convincing arguments on First Amendment grounds and broader free speech protections under the Washington state constitution for why some regulations are over-restrictive, but they also make very clear they agree that the prevention of use by youth is a valid state interest. In general, the cannabis industry is interested in keeping cannabis away from minors except for medical purposes – it’s one of the reasons we promote a safe, legal, regulated market. (To fully understand the legal arguments in this appeal, read the WSLCB, et. al/Respondents’ Brief here, and Hempfest, et al./Appellants’ Reply to the Response here.)
As more and more states legalize cannabis for medical and adult-use, and descheduling is contemplated at the federal level, lawmakers and regulators are working with the cannabis industry to craft rules and regulations around such things as marketing. State policymakers are connecting with each other to see where they can make their regulations more uniform, and federal policymakers are considering to what extent they’ll regulate marketing at the federal level on top of what the states do individually.
While these conversations are happening, it’s important to keep in mind the real-world effects these regulations have on the cannabis industry and if they’re unnecessarily more restrictive than the alcohol industry. That’s not to say the cannabis industry wants to look like the alcohol industry, being sold next to toys at Target, or mixing intoxication with driving by sponsoring NASCAR, but sometimes the industry is accused of purposely marketing towards kids for things like infused gummy candies when adults regularly use gummies to take vitamins.
The industry needs to take control of the narrative around youth prevention, working with agencies around rational messaging and regulations. The alcohol industry has a close relationship with the state and federal agencies that regulate it. In fact, a large part of marketing restrictions are self-regulatory standards, aimed to discourage underage drinking, that are entirely voluntary. The more we as an industry can voluntarily create marketing standards, the less likely harsher regulations will need to be implemented. Cronos, an NCIA Evergreen member and a leader in the international cannabis market, recently released its own standards limiting marketing to youth, and NCIA committees frequently release standards that are best practices for the industry.
The cannabis industry is incredibly creative, and thinking outside the box toward what appeals to adults without marketing to kids can be rewarding. The NCIA Marketing and Advertising Committee recently held a contest for best marketing around the 4/20 holiday. You can check out the webinar showcasing the best of that contest for examples on how creative we can be.
The cannabis industry wants to be a shining example of what a responsible industry can look like, that includes how advertising, marketing, and branding might interact with youth. But it is important to use real data for what actually works, come up with voluntary standards, and not put unnecessary restraints on an industry that is under enough restraint.
(If you’re interested in contributing to an Amicus Brief in support of Seattle Hempfest’s lawsuit, please contact Rachel.)
Text Messaging (SMS) Crackdown Impacting the Cannabis Industry
By Rachel Kurtz-McAlaine, NCIA’s Deputy Director of Public Policy
Has your text messaging (SMS) service had interruptions? Are you worried about more interruptions?
We forget how much we rely on text messages when we order things. Text messages keep us updated at every step so we know when things are ready for pick up or are there to be delivered. We also appreciate our favorite businesses texting us sales and discounts.
NCIA members have been making us aware of text messaging (SMS) service interruptions, or complete shutdowns, either for marketing or order fulfillment. We’re still gathering information to understand the full extent of the issue and what we can do to assist the industry with making sure we are afforded our rights.
A few SMS platforms, including At&t, Twilio, Avochato, & T-Mobile, have announced they are terminating services for cannabis companies. Twillio’s website makes it clear they don’t want to deal with cannabis-related companies.
“SMS or MMS messages related to cannabis are not allowed in the United States, as federal laws prohibit its sale, even though some states have legalized it. Similarly, messages related to CBD products are not permissible in the United States, as certain states prohibit its sale. Twilio policy is reflective of US carrier rules in this area, and there are no exceptions to this policy.
Twilio defines a cannabis-related message as any message which relates to the marketing or sale of a cannabis product, regardless of whether or not those messages explicitly contain cannabis terms, images, or links to cannabis websites.”
This crackdown has come on the heels of the implementation of 10DLC, new telecommunications regulations intended to address the pervasive problem of spam (not specific to the cannabis industry). Telecommunications companies have used it as an excuse to exclude legally regulated cannabis companies, or at least significantly interfere with their operations.
Unfortunately, Twilio is a huge SMS platform that has been used by some major players in the industry that provide niche technical platforms for such services as delivery, marketing, and loyalty points. Numerous businesses throughout the cannabis industry rely on those platforms to reach their customers and to better facilitate delivery and order pickups.
We know the impact has been widespread, but some companies have been able to find alternatives, either through workarounds or other SMS platforms that are not cracking down as hard. Alternative workarounds can include the service platform having extremely limited templates for what can be sent via text in order to make sure there is no language that can be perceived as relating to cannabis sales or any links that can be followed back to a cannabis website.
Some businesses have found alternative platforms, but those companies may charge more because they are willing to screen every message that gets sent prior to it getting sent out via SMS. Because of the time and labor involved, that option can really only be available for marketing texts and not the automatic texts that come with ordering and pickup or delivery. It is unclear if the big telecommunications companies will eventually shut those down as well.
While we would love for that not to happen and for the issue to work itself out, until we deschedule we know that these issues will continue to surface. Even if you personally have not been affected by the SMS crackdown, it is important to understand what is happening in the industry because it could affect your business next.
We have the ability to come together as an industry to address this issue. We have been working with legal experts to better understand what is happening, and we have the potential to fight this attack on the legal cannabis industry if there is enough interest.
We want to hear from you. Have you had an interruption in service? If so, have you found a workaround? Is the workaround satisfactory or a huge pain for your business? Are you worried about interruptions in your service in the future? Please contact Rachel if you have any information or personal stories to share. We will respect your privacy in these matters.
ACTION ALERT: Congress to Vote on Historic MORE Act
The Marijuana Opportunity, Reinvestment, and Expungement Act (H.R. 3884) is expected to come to a vote in the U.S. House of Representatives in December 2020. NCIA has been building support for this bill in Congress for the last year and now we need your help!
Please call your member of Congress and ask them to vote YES on the MORE Act today!
Look up your congressional representative and contact info by zip code, here.
Reference our congressional scorecard to find out if your representatives are sponsoring NCIA’s priority legislation, including the MORE Act.
Sample script to help guide your call:
Hello! My name is _______________ and I am a constituent of yours in (city, state, zip code). I am calling today to ask that Representative _____________ votes “Yes” on H.R. 3884, the MORE Act, when it comes to the Floor for a vote in December.
This bill would remove cannabis from the Controlled Substances Act at the federal level, leaving marijuana policy up to the individual states. It also creates avenues towards expungement, re-sentencing, and assists those communities that have most been impacted by the failed war on marijuana. Additionally, legal cannabis is a huge economic driver and would help both the federal government and states’ revenue shortfalls during this pandemic.
Thank you for your time today. Again, I hope Representative _____________ will vote “Yes” on H.R. 3884, the Marijuana Opportunity, Reinvestment, and Expungement Act.
*Feel free to tell a personal story if you feel it is relevant or powerful, but remember that staffers are busy so sometimes short and sweet is best!*
Summary of the Marijuana Opportunity, Reinvestment, and Expungement Act of 2019:
The Marijuana Opportunity, Reinvestment, and Expungement Act (H.R. 3884, S. 2227), commonly known as the MORE Act, was introduced in 2019 by House Judiciary Committee Chairman Jerry Nadler (D-NY) and Senator (now Madam Vice President-Elect) Kamala Harris (D-CA).
This bill would:
Decriminalize cannabis federally: The bill removes cannabis from the Controlled Substances Act, leaving cannabis policy up to the states
Allow for expungement of marijuana convictions and arrests, sealing of records, and re-sentencing: Requires federal courts to expunge prior convictions and arrests and seal court records for those not under a current criminal justice sentence and requires courts, on motion, to conduct re-sentencing hearings for those under a criminal justice sentence.
Establish sales tax and “Opportunity Trust Funds”: Authorizes the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund, which includes three grant programs:
The Community Reinvestment Grant Program, administered by the Department of Justice, would provide services to the individuals most adversely impacted by the War on Drugs, including job training, re-entry services, legal aid, literacy programs, youth recreation, mentoring, and substance use treatment.
The Cannabis Opportunity Grant Program, administered by the Small Business Administration (SBA), would provide funds for loans to assist small businesses in the marijuana industry that are owned and controlled by socially and economically disadvantaged individuals.
The Equitable Licensing Grant Program, also administered by SBA, would provide funds for programs that minimize barriers to marijuana licensing and employment for the individuals most adversely impacted by the War on Drugs.
Make available SBA programs and services to cannabis businesses: Specifies that the SBA may not negate eligibility for loans and other services based on a business being cannabis related.
Clarify federal public benefits: Prohibits the denial of any federal public benefit (including housing) based on the use or possession of marijuana, or prior conviction for a marijuana offense.
Protects immigrants: Provides that the use or possession of marijuana, or prior conviction for a marijuana offense, will have no adverse impact under the immigration laws.
Provide for data Collection: Requires the Bureau of Labor Statistics to collect data on the demographics of the industry to assess whether people of color and those who are economically disadvantaged are participating in the industry.
Age equity for juveniles: The bill applies equally to juveniles and adults, protecting young people from harmful criminal records.
We Must Hold Ourselves Accountable To Create A Fair Cannabis Industry
by Aaron Smith, NCIA’s CEO and Co-founder
As the nation began grappling with issues of systemic racism and inequality on a massive scale following the death of George Floyd and ensuing civil rights protests across the country, we saw an outpouring of support from members of the cannabis community. It was inspiring to see so many people standing up for justice and recognizing the disproportionate impact that prohibition has had on marginalized communities and Black people in particular.
Words, however, are not enough. Implicit in supporting positive change is the need to reflect on where we can do better – and be better – ourselves, and then taking action.
Since our initial public statement on this national reckoning early this summer, NCIA has started taking the first in what will be an ongoing series of steps to facilitate more diverse representation, participation, and access to opportunities in our industry. We instituted aSocial Equity Scholarship Program to provide complimentary first-year membership and other benefits to licensees and applicants in state and local social equity programs and recently launched the#CatalystConversations webinar series to provide them with valuable information and amplify their voices. We have created a staff position to directly engage staff, membership, and allies to critically analyze and expand upon our progress. And, we are currently establishing an Opportunity Fund to help support and expand our scholarship program, and assist disenfranchised members and the organizations fighting for them. But we still have a long way to go.
As part of our efforts, we are also encouraging cannabis and ancillary businesses to commit to improving diversity, equity, and inclusion in the industry and to hold themselves to those commitments by participating in The Accountability List byCannaclusive.
The Accountability Listgives businesses and organizations the opportunity to show consumers, the industry, and policymakers what they are actively doing to promote fairness and inclusivity in cannabis and beyond. We encourage everyone in the cannabis space to stand up for justice, be honest about where they can improve, and commit to doing so in the most forthright, measurable, and transparent ways possible.
Photo By CannabisCamera.com
Ending cannabis prohibition and improving diversity in the industry is not going to eliminate systemic racism or fully repair all the death and destruction committed in the name of the war on drugs, but together we can make a real difference and help create a better future.
NCIA, our Board of Directors, and I stand firmly in support of people fighting to end racial injustice and ensure a fair cannabis industry with equitable opportunities for all. We hope you’ll stand with us.
Action Alert: Protect State Cannabis Programs
In the coming days, the House of Representatives will vote on protecting adult-use cannabis businesses, consumers, and state programs from the federal government and we need your help now.
The Blumenauer-Norton-Lee-McClintock amendment states that no funds from the Department of Justice may be used to prevent any adult-use cannabis states from implementing their own laws that authorize the use, distribution, possession, or cultivation of cannabis. While the amendment didn’t make it into the federal budget last year, the House did approve it in a 267-165 vote.
This year, we’re working to increase that vote margin in the House in order to send a strong message to the Senate and the White House.
You can help us send that message by calling your Representative and tell them to VOTE YES on the Blumenauer-Norton-Lee-McClintock amendment to the Commerce, Science, and Justice appropriations bill.
Find your Representative by clicking here and check our Congressional Scorecard to see where your Representative stands on our industry’s issues!
Since 2014, Congress has passed annual spending bills that have included a provision protecting medical cannabis businesses, patients, and programs from undue prosecution by the Department of Justice.
The bipartisan Blumenauer-Norton-Lee-McClintock amendment simply expands those protections to include all state marijuana programs, including the 11 states that have legalized cannabis for adults over the age of 21.
A similar amendment was approved by the House in last year’s appropriations process by a 267-165 vote.
Today, more than one in five Americans reside in a jurisdiction where the adult use of cannabis is legal under state law.
This amendment does not legalize marijuana at the federal level; it simply respects those states that have decided replace prohibition with a system of regulation.
We urge you to VOTE YES on the Blumenauer-Norton-Lee-McClintock amendment to the Commerce, Science, and Justice appropriations bill.
Our industry supports hundreds of thousands of jobs, tens of millions in tax revenue, and billions in economic activity – so please, call and help us protect what we have built together.
Reinventing NCIA’s 2020 Events
Based on the ongoing uncertainty around phased openings of specific states and to ensure the most successful – and healthy – event for all exhibitors, sponsors, attendees, speakers, and partners, we have decided to move the remainder of our 2020 events to next year.
NCIA’s Midwest Cannabis Business Conference, originally scheduled for August 26-27, 2020 in Detroit, will now take place August 25-26, 2021. Our 7th Annual Cannabis Business Summit & Expo, which would have been held September 29 – October 1, 2020 at the Moscone Center in San Francisco, will now occur August 3-5, 2021 at the same location.
NCIA’s 10th Annual Cannabis Industry Lobby Days, set to take place in Washington, D.C., September 15-17, 2020 will now take place May 25-27, 2021.
While we are disappointed that we will not be hosting in-person events for the rest of the year, our first and foremost priority is the health and safety of our community. We will continue to deliver quality content, online networking, and serve our members to help them be as successful as possible in this ever-changing environment while we press on with our cannabis policy reform efforts in Congress.
This unexpected disruption to our 2020 events program has a serious financial impact on NCIA’s operations. However, as the industry’s leading voice in Washington, D.C. our government relations team continues to work around the clock to advance the industry’s interests. If you support the important work of ending federal marijuana prohibition and opening opportunities for the legal industry, please consider making a donation to NCIA during this difficult time.
In lieu of the in-person events this year, we will hold a virtual event showcasing our class-leading educational programming and continued focus on advocacy and community in serving the industry. This experience is scheduled for October 21-22, 2020. Details will be available soon.
#10YearsOfNCIA: A message from our co-founder & CEO
Ten years ago, a small group of cannabis pioneers and I setout to launch the cannabis industry’s first national trade association. At the time, only 14 states had legalized medical cannabis, none had adult-use laws, no states had regulated their medical cannabis markets, and there was virtually no interest in federal marijuana reform in Congress.
As NCIA closes out our tenth year advancing the interests of the cannabis industry, all but three U.S. states have some kind of cannabis law on the books, 10 have regulated the commercial production and sale of cannabis for adults, two-thirds of Americans support national legalization, and Congress is closer than ever to making that a reality. And, thanks to hundreds of NCIA members, our organization has grown to become the gold standard for cannabis industry advocacy, education, and community. This incredible progress hasn’t happened on its own — it’s a direct result of the forward-thinking cannabis professionals who have invested in reform efforts and joined forces with NCIA as members over the years. We also still have a lot of work to do and it’s more important than ever that our industry maintains a strong presence in our nation’s halls of power during this era of global pandemic, economic downturn, and outrage over systemic racism.
If you run a cannabis business and share our view that the industry should be treated fairly under federal law but haven’t yet become a member of your industry’s trade association, I invite you to help us move the industry even further by joining today. In addition to the investment in vital advocacy efforts, NCIA members enjoy a myriad of networking, information, and educational benefits to gain a competitive advantage over isolated cannabis businesses.
Already a member or not quite ready to join just yet? That’s okay, you can still contribute to our work by making a generous donation today. Consider it not only an anniversary gift to NCIA but also a simple investment in the future of legal cannabis commerce that we are creating through our ongoing public affairs work. Every dollar counts.
Thank you for your commitment to defending and expanding the regulated cannabis marketplace. Together, we will establish a legal cannabis industry that is forever prosperous, sustainable, and inclusive.
Here’s to another ten years! Aaron Smith Co-founder & CEO
National Cannabis Industry Association
*Feature Photo: NCIA co-founders Aaron Smith (left) and Steve Fox (right) meeting up before the organization’s first board meeting in December, 2010.
Announcing NCIA’s Equity Scholarship Program
As I’m sure it has been for so many of you, the last month has been a time of deep reflection for all of us here at NCIA.
The national awakening to horrific police violence and the systemic racism that black and brown communities have endured for centuries is long overdue.
Marijuana prohibition is inextricably linked to a history of racism going back to the days before Harry Anslinger, the first commissioner of the U.S. Bureau of Narcotics who said, “reefer makes darkies think they’re as good as white men.”
This history, while vile and disgusting, proves that our industry is also inherently tied to the politics of race. This is something that we must come to terms with if we are to build an industry that is not only inclusive but also contributes to the effort to repair the damage prohibition has inflicted upon marginalized communities under prohibition.
It bears repeating that while people of different races consume cannabis at roughly the same levels, Black Americans are nearly four times as likely to be arrested for marijuana possession. These enforcement disparities continue to exist, even in states that have legalized cannabis for adult use.
Unfortunately, too many people from these same communities have found their access to the emerging legal cannabis industry restricted, from discriminatory laws that refused licenses to those with past nonviolent drug convictions, to inexcusably high licensing fees and a lack of access to capital.
To that end, we recognize that although NCIA mostly represents small and medium-sized businesses and has done some good as it relates to diversity, equity, and inclusion over the years — historically, a lack of affordable access for equity operators has led to a structural inequity at NCIA that we are committed to change.
As a trade association, membership unlocks exclusive member benefits that help give business owners and employees a leg up on their competition. We offer these benefits to help our members and so that we can fund our national advocacy efforts to end the destructive policies of marijuana prohibition.
Some of these benefits include eligibility to serve on our member-led committees, speak at our trade shows and webinars, submit content to our Industry Insights blog, and serve on our board of directors, as well as participate in exclusive networking events and opportunities.
In order to do our part to help level the playing field for equity operators, and to foster greater diversity within the NCIA community, we’re pleased to announce the launch of our Equity Scholarship Program, available to all equity licensees and qualified applicants.
Discounts on all NCIA digital sponsorship products
Access to exclusive monthly mentor meetings
Equity applicants and license holders are encouraged to apply for this program online today.
NCIA will also be launching an Opportunity Fund that we will work to raise money for in order to help provide further opportunities to equity operators and expand the benefits of the program. Already, our Business Development team has been enrolling new equity members from California to Massachusetts. While NCIA’s larger Diversity, Equity, & Inclusion initiative is under development for launch by Fall 2020, new members are being matched with internal resources by our DEI Manager Tahir Johnson.
We recognize that offering only words is insufficient during this historic moment.
We hope that this program will lead to systemic change in our organization and industry by providing an opportunity and a platform for equity businesses to engage with the broader industry so that they can feel empowered to grow their business like every other American entrepreneur.
If you know someone who is a social equity applicant or license holder, please send this link to have them apply. If you aren’t a social equity operator but interested in helping to support this program, please fill out this form and our team will reach out with more information about how you can help.
Myself, our staff, and board of directors couldn’t be more excited about this program and our organization’s renewed commitment to a future where our industry reflects the diversity of our nation and has helped lift up communities that have beared the brunt of decades of the oppressive regime of marijuana prohibition.
For justice, Aaron Smith Co-founder & CEO National Cannabis Industry Association
NCIA Committees: Now Accepting Applications For 2020-2021 Term!
NCIA is excited to announce that we are accepting applications for the 2020-21 Committee term! We need your skills, passion, and wide-ranging perspectives to build upon our energetic, inclusive, and innovative committees. NCIA committees are an opportunity for our members to get engaged in specific industry issues and sectors of their professional expertise and interest.
All NCIA annual members in good standing are invited to apply for an NCIA committee seat for the 2020-2021 committee term, to commence on August 1, 2020.
NCIA committees enable NCIA members’ to engage their vast and varied areas of expertise and passion to:
effect change and influence public opinion and policy,
enhance your leadership skills,
expand your professional and personal network, and
develop best practices and guidelines to shape the future of our industry.
Requirements:
All NCIA annual members whose memberships are current may apply;
Appointees (or their employing company) must maintain a current membership throughout the term of their appointment;
Appointees may serve on no more than one committee at a time;
All committee applicants must complete the online form fully and in good faith by the August 1, 2020 deadline; and
Appointees must commit to dedicating at least a few hours monthly to their committee projects and scheduled meetings/calls. Committees may hold scheduled teleconferences, but the majority of committees’ work will be done online.
Review the list of current committees and see if one is a good match for you. If so, apply today to become tomorrow’s NCIA committee leader!
Together, we can accomplish incredible things and help steer the cannabis industry in the United States towards its bright future. Apply today for the committee that interests you the most, or reach out to Committees@TheCannabisIndustry.Org with questions or ideas.
Meet The Team: Amy Rose – NCIA’s Business Development and Partnerships Manager
When I think about where I was 5 or 10 years ago, I would have never imagined that this is the career path I would be on. When I left college in 2013 with a Bachelor of Arts in Sociology, I considered so many options. Not one of them was working in the cannabis industry. I contemplated becoming a teacher. Maybe I should be a social worker? What about some sort of community outreach position? But before making any decisions on my career, I decided to take a huge step back and move my life across the country, with one suitcase, and with barely enough money in my pocket to survive more than a month.
The transformation of my life began in February 2014 in Colorado. A one-way flight. Four winter jackets (that I wore on the plane so I didn’t have to pay an extra baggage fee), three scarves, and whatever clothing I could fit in my one checked bag. Life ahead of me was extremely uncertain.
Coincidentally, I moved to Denver right after Colorado legalized the adult use of cannabis. That wasn’t the reason why I moved, although it definitely was a perk. I moved because I wanted a fresh start. I’d spent my whole life on the East Coast. First in a New Jersey suburb of New York City. Then on the west coast of Florida. After I finished school, I lived for a short while with my mom in very rural central Florida. It was horrible. Not a place for a young person. But it gave me time to think about what I wanted out of life. I knew I needed a change.
Things didn’t really go as planned. I was working long 60-hour weeks in restaurants and at catering gigs and was able to provide for myself, which was enough at the time. I told myself that by the fall of 2014, I wanted to get a “real job” whatever that meant. And so I did. I started working an administrative job at a physical therapy company. I learned a lot, had good days, bad days, but it certainly wasn’t making me happy. After spending 2 years working there, I felt like I was at a dead-end. I didn’t see the growth in myself that I had wanted to see. And I was more miserable at work than anyone should be.
The summer of 2016 was when I took a huge chance. I remember calling my family to tell them I got a job offer as a budtender at a dispensary and them thinking I was absolutely crazy for even considering it. A few weeks later, I got another job offer as an inventory manager at a dispensary. To my family, that seemed like a “real job” since if it didn’t work out, I’d have skills that I could transfer to something else. I was scared to take the leap, but nothing was scarier than staying at a job I was unhappy at.
My professional connection to the cannabis industry began in August 2016. I couldn’t believe it. Not only was I happier in my job, but I was making a living while working for a company in a relatively new industry that I truly believed in. I learned all about the retail and cultivation side of the cannabis industry. And I learned a whole lot more about myself. BGood Dispensary in Denver will always have a special place in my heart. I appreciate that they took a chance on someone new to the industry. Not to mention that they are long-time members of NCIA.
After spending a few months there, I decided to make my next move and work for a testing lab in Boulder, Rm3 Labs. I knew about cultivation and how dispensaries worked. My position at Rm3 Labs gave me the opportunity to understand the testing and regulations side of the industry. I was satisfied. But I wanted more.
My working relationship with NCIA started in July 2017. The past three years, as I’ve learned so much, have just flown by. I’ve been able to experience things I never imagined. Things that can only happen when you totally believe in the mission of your organization completely. I have been able to educate myself and others about things that are important to me personally and which I believe are important to society as well. Each day is an opportunity to learn something new. I’ve gotten to travel and experience new things that have contributed to my growth as a person. Sometimes I try to imagine where I’ll be five years from now. With this industry, that’s hard to tell.
Meet The Team: Rachel Kurtz – NCIA’s Deputy Director of Public Policy
I grew up an Army brat. By 1992, when I was 18 years old, I had lived in Wisconsin, New York, Texas, Oklahoma, Indiana, Alabama, and Germany. I was fortunate my father served during a 23 year period where he would never be sent into a conflict, especially as a physical therapist. I reaped the benefits of experiencing various cultures and socialized medicine.
I started my cannabis activism in 1995 volunteering with the Washington Hemp Education Network in Olympia, WA, while attending The Evergreen State College. Following a stint in Congressman Brian Baird’s district office, I went to law school at the University of Washington School of Law, figuring that having a law degree would give me more respect while pushing for such a controversial issue. Serendipitously, during my 2L year, the King County Bar Association (where my school was located) started a Drug Policy Project, where I was fortunate to get a job after graduation. I worked there, and simultaneously for the Voluntary Committee of Lawyers, until around 2010 when my boss was running for his third term in the state legislature and I wanted to focus on more local issues around medical cannabis implementation.
I spent some time as an acting-executive director for the Cannabis Defense Coalition, advising businesses on the medical cannabis laws, and became a partner in a medical authorization clinic and wellness center. I was also volunteering with Seattle Hempfest — where I started in 2004 and have continued to commit my free time to this day, now as part of the board of directors.
After the legalization initiative passed in Washington state in 2012, I began using my law degree to represent businesses during the licensing process, working with Wykowski Law and Gleam Law. But billing clients was not for me, and circumstances in my life made me want to run a cannabis business.
It was 2016, and by then I had moved to Oregon where they had also passed a legalization initiative. With a partner who had previously had a successful medical cannabis business, spent a year forming the business and pitching it, only to fail to secure enough funding to continue in such an expensive endeavor.
I became disheartened in the whole process and the future for all small businesses trying to make it in the industry. I knew the only way to truly have a successful industry that worked for all stakeholders and citizens was to legalize at the federal level, and the main organization focused on that effort was NCIA.
On a whim, I looked at the NCIA website to see if they were hiring. Lo and behold, they had a business development position open and wanted someone located in the Pacific Northwest and connected in the industry. Business development wasn’t quite in my skill set, but we made it work and I have had a hand in multiple areas at the organization since I started January 2017. My biggest effort so far has been the creation and development of NCIA’s Allied Associations Program; it has been very satisfying bringing together cannabis trade associations from around the country.
I am now Deputy Director of Public Policy and feel so fortunate to work with the brilliant Andrew Kline and all the work that is coming out of the Policy Council. I continue to work with the Allied Associations Program, alongside Amy Rose, to keep my finger on the pulse of state policy, and I’m coordinating NCIA’s member committees and their content, along with Morgan Fox.
Moving forward, I’m feeling like probably most people, ranging from the anxiety of existential uncertainty to the optimism of knowing cannabis is considered essential in society and the endless possibilities as we all navigate this new normal. The creativity and tenacity of all my amazing colleagues at NCIA and our members leave me full of hope.
We Made History: U.S. House votes to protect cannabis businesses!
Today, the House of Representatives voted in favor of an amendment to the Commerce, Justice, State (CJS) Appropriations Bill that prevents federal interference in state cannabis programs. The NCIA team is beyond excited that we’ve made this incredible progress to protect all state-legal cannabis businesses, including adult-use operators.
This was an historic vote, and is the farthest reaching action Congress has ever taken to reform outdated federal marijuana prohibition policies.
Protections for state medical cannabis programs have been included in the federal budget since 2014. The amendment passed today — introduced by Rep. Earl Blumenauer (D-OR), Rep. Tom McClintock (R-CA), and Del. Eleanor Holmes Norton (D-DC) — would, for the first time, extend those protections to states and territories where cannabis is legal for adults. An additional amendment offered by Rep. Blumenauer that was also attached to the bill would also prevent federal interference in tribal cannabis laws.
I’d be remiss if I didn’t take this opportunity to express gratitude for the nearly 2,000 NCIA members who made this victory possible by investing in our unparalleled lobbying team in Washington, D.C. Legislation like this doesn’t pass by itself — it’s a direct result of the forward-thinking members who support our work in D.C..
If your business is not yet a member of NCIA, please join today in order to ensure we have the resources we need to build upon this momentum and finally enact federal legislation that will allow your business and our industry reach its full potential. NCIA is the only organization with three full-time lobbyists in Washington, D.C. in addition to a well-connected professional advocacy firm. Michael, Michelle, and Maddy have been working the halls of Congress, fighting for state-legal cannabis businesses since long before it was vogue. We could not be more proud of our lobbying team, and we encourage you to follow their progress on these appropriations bills, as well as their important work on the SAFE Banking Act which is also expected to receive a vote in the weeks ahead.
Please also take a few minutes to call your Senators today and ask them to support legislation that would protect state cannabis laws. There is no time to waste because the Senate will be considering appropriations bills with similar marijuana provisions over the Summer. And keep your eye on more news from NCIA’s government relations team – the only full-time government relations team fighting for the legal cannabis industry in Washington.
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By Rachel Kurtz-McAlaine, NCIA’s Deputy Director of Public Policy 
Coincidentally, I moved to Denver right after Colorado legalized the adult use of cannabis. That wasn’t the reason why I moved, although it definitely was a perk. I moved because I wanted a fresh start. I’d spent my whole life on the East Coast. First in a New Jersey suburb of New York City. Then on the west coast of Florida. After I finished school, I lived for a short while with my mom in very rural central Florida. It was horrible. Not a place for a young person. But it gave me time to think about what I wanted out of life. I knew I needed a change.
