Video: NCIA Today – August Recap, Diversity, Equity, & Inclusion Update, Election Predictions, and more!
Host Bethany Moore, NCIA’s Communications Manager and host of NCIA’s weekly Podcast ‘NCIA’s Cannabis Industry Voice‘ brings you an in-depth look at what is happening across the country in federal cannabis policy reform and with NCIA.
From the top, Bethany discusses the new NCIA #IndustryEssentials webinar series. Webinars that arenʻt just about getting some big-name talking heads on a Zoom call, but about getting the correct people with the most up-to-date information to help our members stay ahead of the curve. This new series provides insights you canʻt find anywhere else, from experts who will surprise and delight you with their in-depth knowledge on relevant industry topics.
We check in with NCIA Diversity, Equity, Inclusion Manager Tahir Johnson to hear some of the recent highlights from his new show “The Cannabis Diversity Report.” Launched alongside the NCIA Social Equity Scholarship program, this weekly conversation takes an in-depth look at navigating, regulating, and growing the cannabis industry as a minority operator.
Director of Public Policy Andrew Kline joins Bethany on NCIA Today to discuss the nomination of Kamala Harris as the Democrats’ vice-presidential choice. A former Biden staffer and advisor, Kline discusses the minute differences he sees in the nominees’ cannabis policy and his expectation that Senator Harris can help Vice President Biden’s views evolve.
2020 isn’t completely canceled, as we begin registration for this November’s #CannaBizSummit CYBER, register today!
Webinar Recording: NCIA Committee Insights – What’s Going On With Social Equity In Illinois?
In case you missed it, watch the recording of this webinar from Wednesday, July 15, 2020.
NCIA’s #IndustryEssentials webinars are our weekly educational series featuring a variety of programs allowing us to provide you timely, engaging and essential education when & where you need it most. The NCIA Committee Insights series showcases content produced in partnership with one of our 15 member-led committees.
? What has taken Illinois so long to announce its first round of Social Equity license winners?
? When Illinois legalized Adult Use on January 1st of this year, it announced itself as a national leader in the fight for Social Equity.
? Is it making the impact it set out to in communities Disproportionately Impacted by the War on Drugs?
Find out directly from stakeholders in Illinois how the program has or hasn’t been working. How will the failings and successes in Illinois thus far impact other Social Equity programs around the nation?
Members of NCIA’s Diversity, Equity, and Inclusion Committee and Special Guests from the Chicago Community spoke on the subject, including:
⭐️ Tahir Johnson, Business Development Manager, National Cannabis Industry Association (Moderator)
⭐️ Christine de la Rosa, CEO & National Co-Founder, The People’s Dispensary
⭐️ Mike Lomuto, Co-Founder, Boost
⭐️ Mark Slaugh, Founder, iComply
⭐️ Rev. Anibal Vega, Social Equity Partner, The People Dispensary Chicago
⭐️ Ron Holmes, Co-Founder, Majority-Minority Group
⭐️ Kay Villamin, Co-founder & Creative Marketing Director, Hush Chicago
⭐️ Michael Malcolm, Founder & Cannabis Consultant, WTF Media; Social Equity Applicant – Chicago
Together We Can – Working To Achieve Legislative Victories
by Madeline Grant, NCIA’s Government Relations Manager
Can you believe we are already coming to the end of August? 2020 has certainly not been what we were expecting – but we will persevere together. At NCIA, we want you to know we are here for you through these unstable times and now more than ever we will stand as a united cannabis community. As members of NCIA, we appreciate your dedication and contribution to continue the good fight to reach legislative victories at the state and federal levels. With your dedication to NCIA and our dedication to you, we can continue to achieve success through education and advocacy.
As the Government Relations Manager, I want you to know we are still working continuously in D.C., with a unified message, to achieve legislative victories. Next month, the House of Representatives may vote to make cannabis legal and start repairing the harms caused by decades of failed prohibition policies. As the legislative session draws to a close and what is sure to be one of the most pivotal elections in history nears, there is a renewed effort in Congress to pass meaningful criminal justice reform before the end of the year. And this includes the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act.
The MORE Act was introduced in the House last year by Rep. Jerry Nadler (D-NY) and already made history when it became the first legislative bill to be approved by the congressional committee (House Judiciary) in November.
This legislation would remove cannabis from the Controlled Substances Act, effectively decriminalizing it at the federal level and eliminating the ongoing conflict with effective regulated state cannabis markets. It would also expunge federal cannabis convictions, remove barriers to research, eliminate the current problems with the 280E tax code and lack of access to banking, promote more diverse participation in the cannabis industry, and establish funds to help undo the harms that have been disproportionately inflicted on marginalized communities by the war on drugs.
Now, a growing chorus of lawmakers are calling for it to receive a floor vote in the House in September, and we need your help!
Pleasecall your member of CongressTODAY and urge them to support the MORE Act and help bring it to a vote this year. When you call your representative’s office explain to them how important the MORE Act is to you and your business. The staffer that answers the phone is there to pass along the message to YOUR representative so the more calls they get the better.
NCIA Lobby Day, May 2017. Photo by Ben Droz
On another note, I’d love the opportunity to chat with you over the phone or zoom to discuss the challenges you are facing in the cannabis community. As we continue to meet with Hill offices virtually, it is important to relay your stories about the difficulties you face within the cannabis industry. Real-life examples help paint the picture of the reality our cannabis businesses face every single day. This is imperative to illustrate just how necessary legislative victories, like the MORE Act, are to us. So, if you have the time please send me an email to Madeline@TheCannabisIndustry.org and I will schedule a time for us.
As we draw closer to the end of this legislative session, the NCIA team will continue to work hard to reach legislative victories. We are nearing the 10th anniversary of NCIA and have come a long way together, from legislative victories in appropriations to the SAFE Banking Act passing the House, and we will continue to reach more legislative success in the halls of Congress. We must not lose hope during these unstable times but propel forward more unified than ever before.
Looking Back On #10YearsOfNCIA: 2016-2017
Photo By CannabisCamera.com
by Michelle Rutter Friberg, NCIA’s Deputy Director of Government Relations
Over the last month, I’ve been taking a retrospective look at the progress NCIA has made in the ten years since its inception. While it’s been fun to look back at those early years, this week I’m excited to look at a time when cannabis policy was getting really active: 2016-2017! While this timeline is by no means a comprehensive look at everything that’s happened in cannabis policy during those years, here are some highlights:
January 2016
District judge dismisses lawsuit against the Fed, filed by the Fourth Corner Credit Union, says Congress must fix the cannabis banking problem. The same month, President Obama announces that cannabis reform is not on his agenda in 2016.
March 2016
The Supreme Court dismisses Kansas’ challenge to Colorado marijuana laws. The 6-2 vote meant the nation’s highest court would not rule on the interstate dispute, and Colorado’s legal cannabis market remains safe. “Since Colorado voters overwhelmingly passed legal recreational marijuana in 2012, we have worked diligently to put in place a regulatory framework — the first in the world — that allows this new industry to operate while protecting public health and safety,” then- Gov. John Hickenlooper (D) said following the decision. “With today’s Supreme Court ruling, the work we’ve completed so far remains intact.”
An AP poll shows that 61% of Americans support legalizing cannabis. The most recent Gallup poll on the issue, published in October 2019, shows that approval number has risen to 66%.
April 2016
U.S. Senate Caucus on International Narcotics Control holds a hearing titled “Is the Department of Justice Adequately Protecting the Public from the Impact of State Recreational Marijuana Legalization?”
May 2016
NCIA holds its 6th Annual Cannabis Industry Lobby Day in D.C., garnering over 150 attendees and participating in more than 200 scheduled meetings on Capitol Hill. That same month, the Tax Foundation reports a legal marijuana industry could mean up to $28 billion in federal, state, and local tax revenues.
June 2016
NCIA hosts our 3rd Annual Cannabis Business Summit in Oakland with 3,000+ attendees. That same month, the U.S. Senate Appropriations committee narrowly approved a marijuana banking amendment. Ultimately, the amendment did not make it into law. The amendment has not passed this specific Committee since, though we continue to try!
July 2016
Showing increased interest and momentum on this issue, the U.S. Senate Judiciary Committee holds a hearing on the potential benefits of medical marijuana. The same month, the Democratic Party included reclassifying cannabis in the party’s platform.
August 2016
This was an exciting month because we got to really see our efforts at work in the real world. Four years ago this month, the Ninth Circuit Court of Appeals ruled that due to the Rohrabacher-Farr amendment, the Department of Justice cannot use funds to enforce federal law against state-legal medical cannabis businesses.
September 2016
U.S. Attorney General Loretta Lynch says that marijuana is not a gateway drug, but that same month, FBI data showed that there is one cannabis arrest every 49 seconds in the U.S. The majority of those individuals are Black and brown and are arrested four to eight times more than their white counterparts.
October 2016
Members of Congress and the campaigns to legalize cannabis in various forms enter the final push. That month, a report also showed that Colorado’s marijuana industry had a $2.39 billion financial impact and created more than 18,000 jobs in the state.
November 2016
Five states (Arizona, California, Maine, Massachusetts, and Nevada) voted on ballot initiatives to legalize, tax, and regulate marijuana for adult use. Four of those initiatives passed, and three of them passed by more than seven percentage points.
Four states (Arkansas, Florida, Montana, and North Dakota) voted on ballot initiatives to create or expand legal medical marijuana programs. All four of those initiatives passed, with an average victory of 26.3 percentage points.
Of course, November 2016 is also when Republicans took control of both chambers of Congress and candidate Trump became president-elect Trump.
January 2017
NCIA establishes the Policy Council to serve as the industry’s “think tank” in D.C., developing and publishing policy papers to educate policymakers and other stakeholders on topics relevant to the cannabis industry. The same month, Sen. Jeff Sessions (R-AL) begins his confirmation hearing to become U.S. Attorney General. He is subsequently confirmed, bringing uncertainty to the cannabis space.
February 2017
White House press secretary Sean Spicer said that he expects states to see “greater enforcement” of the federal law against marijuana use, a move that would be at odds with a growing number of states’ decisions to legalize it. Spicer, taking questions from reporters at the daily briefing, differentiated between the administration’s positions on medical marijuana and recreational marijuana. Funnily enough, Spicer’s career lasted about as long as it takes me to smoke a joint.
The nation’s first-ever Congressional Cannabis Caucus is formed by Reps. Rohrabacher (R-CA) and Blumenauer (D-OR) with help from friends Reps. Polis (D-CO) and Young (R-AK). In the 116th Congress, Rohrbacher and Polis left Congress and were replaced by Barbara Lee, a Democrat from California, and David Joyce, a Republican from Ohio, as co-chairs.
May 2017
NCIA’s D.C. team grew from two (myself and Mike) to three, with the addition of Maddy Grant, who was our Government Relations Coordinator at the time. Since then, Maddy has become one of my best friends and was even one of my bridesmaids! If you know Maddy, you know she’s the best and NCIA is lucky to have her!
NCIA held its 7th Annual Cannabis Industry Lobby Days in Washington, D.C., where 250 industry professionals coalesced on Capitol Hill to attend over 300 scheduled meetings. Following that, there was a substantial increase in the number of cosponsors on cannabis-related bills compared to the previous Congressional session.
July 2017
The Senate Appropriations Committee voted on their equivalent of the Rohrabacher-Farr amendment, sponsored by the committee’s vice chairman, Patrick Leahy (D-VT). That amendment passed on a voice vote and was the first time ever that a cannabis-related amendment passed in such a manner. At the end of July, the Senate Appropriations Committee also adopted an amendment that would allow the Department of Veterans Affairs to recommend medical cannabis in states. That amendment passed by a vote of 24 to 7 – the most votes this measure has ever received in the Senate. The veterans’ measure did not end up becoming law.
September 2017
The House Rules Committee held a hearing to discuss amendments to the upcoming appropriations bill that will fund the federal government for the upcoming fiscal year and chose not to vote on the amendment that protects medical cannabis businesses, patients, and programs. Since the protections for medical cannabis businesses were included in the Senate’s version of the budget bill but are not included in the House’s versions, it came down to a conference committee to negotiate its inclusion, and ultimately, the provision remained in law.
December 2017
Senate Republicans passed their tax reform package into law. Sen. Cory Gardner (R-CO) introduced two amendments to the bill that targeted 280E, however, he withdrew both amendments before the final bill was voted on.
If you think reminiscing on all that was a lot, make sure you keep an eye on our blog and future issues of NCIA’s Cannabusiness Leader to learn more about 2018-2019 and the progress we’ve made more recently as we wrap up this series!
Video: NCIA Today – July Retrospective, D.C. Update, Cannabis Caucus Cyber Series Returns, and more!
In NCIA’s monthly video series, NCIA Today, host Bethany Moore shares a retrospective on the month of July, plus what to expect from NCIA’s digital events this fall. We also check in with NCIA’s Director of Government Relations, Michael Correia, to hear more about NCIA’s efforts to advance the cannabis industry’s legislative goals in D.C. during the COVID-19 pandemic.
NCIA members can join us at our second Cannabis Caucus CYBER series in the month of September.
Dates for NCIA’s rescheduled 2020 conference schedule has been announced… for 2021.
Mark your calendar for the NEW dates for NCIA’s Cannabis Business Summit and Expo, Midwest Cannabis Business Conference, and 10th Annual Cannabis Industry Lobby Days.
Plus, we announce a brand new virtual educational event taking place October 21-22, 2020!
Member Blog: Drug Testing In Legal States – Corporate Policy vs. State Law
Currently, 33 states have legalized medical marijuana, and 11 others have given the green light to marijuana’s recreational use; however, the federal government still classifies any use of marijuana as illegal. This disparity creates a rift when employers go to test new employees for drugs.
Workplace drug testing began in the 1980s as part of former U.S. President Ronald Reagan’s “War on Drugs” campaign. At that time, employers wanted to ensure their workers were fit to do the job at hand. Since marijuana has become legalized in many states, employers in these states are unsure of new drug testing protocols; so are the states and legal systems themselves.
The resulting situation is a Catch-22.
Without testing, there would be more applicants for any given job and a larger pool of prospective workers. Therefore, employers would potentially get the strongest candidates. However, with testing, employers can assure they get drug-free employees who will be safe on the job.
But if marijuana is legal in some places and not others, who gets to decide where to draw the line?
Safety on the Job
Safety on any job is paramount, which requires workers who are alert and capable of completing the intricacies of the job.
According to Business News Daily, “The problem for employers is that impairment, because of marijuana, is usually much more difficult to detect and test for than alcohol. Unlike alcohol, it is very difficult for employers to determine if a positive drug test for marijuana is the result of drug usage during work or on non-work hours, so it is logistically simpler to just have an outright ban.”
Making the issue cut and dry is much easier on employers compared to making case-by-case decisions.
Additionally, any companies that accept federal money or hold contracts with the federal government will have to maintain drug testing protocols. In other business sectors, the line is not clear, which calls the legality of testing into question.
Legality of Testing
With the ever-changing state cannabis laws and the potential for cannabis to be legalized on the federal level, the nation is basically in a “trial and error” situation. Regardless, employers must keep current with these ever-changing circumstances to protect themselves and their employees.
The medical nature of marijuana usage further complicates the matter. Currently, 33 states issue medical marijuana cards, which permits users to use marijuana to treat medical issues. Business News Daily says, “Several states have specific laws protecting medical cannabis patients from employment discrimination. Typically, employers can require drug testing before employment and at random times, so long as there is no discrimination against medical marijuana users [who] are legally allowed cannabis for medicinal reasons.”
Besides the debate over medical marijuana cards, employers are stymied about what to do regarding recreational use as it pertains to the workplace. Since testing results can return positive weeks after the person smokes, there is really no way to tell if someone is a habitual user or it was a one-time event.
The states are divided. Currently, about 20 states will not allow discrimination in the workplace. But there is only one state that has gone so far as to say that recreational use of marijuana use is acceptable: Maine. Other states are starting to follow suit. Nevada law ensures that there can be no adverse outcomes for positive tests. And New York City will soon get rid of pre-employment testing altogether.
Other states are not so quick to change. For instance, workers in Illinois can still be disqualified as applicants or terminated as employees for a positive test. Currently, Illinois allows for the “good faith belief” that employees can consider workers under the influence if their speech or actions seem impaired.
Unfortunately, even the court systems do not agree. In some recent cases, the judge has sided with state rights, and in others, the federal appeal was victorious.
Moving forward, employees and employers need to continue the “wait and see” approach until federal and state employment laws catch up to the legalization of cannabis. For now, employers must determine their comfort levels with recreational marijuana use as it pertains to safety in the workplace.
Samantha Vanegas retains a MBA from the University of Florida Warrington College of Business. She works with the leaders of small start-up and growth-stage companies and non-profit organizations who seek temporary leadership to support growth and transitions. Whether for project-based work or as an interim manager, she is fabulous at supporting individuals and teams who are passionate about their work and need help bringing order to all the moving parts. She addresses common issues such as: how to build effective organizational infrastructure and systems; and, how to create and implement a strategy that will carry your business forward. She is a problem-solver who is able to envision the sum of the parts during and through transitions. She has a strong background in sales, operations, HR and marketing which elevates her expertise in assisting organizations with compliance intelligence and also with user, customer and employee experience surveys and solutions.
ath Power Consulting is an all-in-one resource for multi-modality survey and mystery shop research, competitive intelligence, compliance auditing, market analyses, employee training, and strategic consulting. Since 1997, we have helped our clients improve customer retention, build brand loyalty and advocacy, deepen employee engagement, measure compliance, maximize performance, and increase profitability – distinguishing them from their competition and giving them a commanding edge in the marketplace.
House Approves Appropriations Amendment to Protect State-Legal Cannabis Markets
Provision would prevent federal interference in all legal cannabis programs, including adult use
After approving legislation to protect state cannabis programs in a voice vote on Thursday afternoon, the House of Representatives reiterated its support with a roll call vote of 254-163 hours later. The bipartisan amendment to the Commerce, Justice, and Science appropriations bill was introduced by Reps. Earl Blumenauer (D-OR), Barbara Lee (D-CA), Tom McClintock (R-CA), and Del. Eleanor Holmes Norton (D-DC).
The provision would prevent the federal government from using any funds to interfere with state medical or adult-use programs or target individuals and businesses that are in compliance with state cannabis laws. If passed, this spending restriction would remain in effect for the next fiscal year.
“Today’s House vote aligns with the overwhelming majority of Americans who oppose federal interference with the successful cannabis programs operating throughout the country,” said Aaron Smith, CEO of the National Cannabis Industry Association. “Now, it’s time for the Senate to do the right thing and ensure this sensible provision makes it into the final budget legislation so that states can continue to forge their own path on marijuana policy without federal intrusion.”
A recent poll by SurveyUSA showed that 76% of Americans think states should be able to enact their own marijuana laws without interference from the federal government, including more than two-thirds of Republicans. The annual Gallup poll on the subject from last year showed that nearly two-thirds of respondents support making cannabis legal for adults.
“Passage of this amendment would give state-legal and essential cannabis businesses some temporary peace of mind while Congress works to permanently end federal prohibition and repair the damage it has done to marginalized communities,” continued Smith. “It is clear that there is strong bipartisan support for cannabis policy reform and we will continue working with lawmakers to promote further legislation in this session.”
Last year, this amendment was passed by the House but did not end up in the final budget bill. Since 2014, Congress has approved appropriations language that prevents interference in only state medical cannabis programs, and has included that language in the original budget language for the last two years.
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.
SAFE Banking Not Included In Newest COVID-19 Relief Package
by Michelle Rutter Friberg, NCIA’s Deputy Director of Government Relations
Today, Senate Majority Leader Mitch McConnell (R-KY) and the GOP caucus unveiled the text of their long-awaited coronavirus relief package. The initial draft text of the bill did not include any cannabis provisions, namely, the SAFE Banking Act.
If you’ll recall, back in May, the House of Representatives passed the HEROES Act, which included the text of H.R. 2215, the SAFE Banking Act. The language included in the House-passed HEROES Act would make it easier for financial institutions to work with cannabis businesses that are in compliance with state law, as well as help address serious public health and safety concerns caused by operating in predominantly cash-only environments. After the House passed the bill, it remained in the Senate while the GOP-controlled chamber came up with their own version.
But, a lot can change in a few months. Since HEROES passed the House in May, NCIA has been hard at work (from home!) talking to House and Senate leadership, as well as other key Senate offices. The good news is that those conversations have been overwhelmingly positive and we feel incredibly hopeful that the discussion about SAFE Banking will continue to be a part of the conversation as negotiations progress.
Make sure you stay engaged and continue to tell your lawmakers that you are a cannabis voter and that these issues are important to you! Contact your Senators today and ask that they support SAFE Banking as a necessary piece of legislation that can help the tens of thousands of cannabis workers stay healthy by allowing our industry access to legitimate banking and end our cash-only operations.
Want to make sure you hear the latest about what’s happening in cannabis policy? Follow NCIA on social media and be sure to share important information and resources as we release them with your networks, because we’re going to need all of us in this together!
The most important thing anyone can do to make sure SAFE Banking and other important reforms are realized in Congress is to ensure that their cannabis business is a member of NCIA. If you are not yet a member, please support our work by joining today. If you already are a member, thank you for making our advocacy work possible.
Looking Back On #10YearsOfNCIA: 2014-2015
by Michelle Rutter Friberg, NCIA’s Deputy Director of Government Relations
Earlier this month, I took a retrospective look at the progress NCIA made in its early years (2010-2013). I started with the organization in 2014, so I’m excited today to take a walk down memory lane and look back at another era of NCIA history: 2014-2015! While this timeline is by no means a comprehensive look at everythingthat’s happened in cannabis policy during those years, here are some highlights:
February 2014
Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) published its own expectations regarding marijuana-related business guidelines. These guidelines, issued on February 14 and commonly referred to as the Valentine’s Day guidance, attempted to clarify Bank Secrecy Act (“BSA”) expectations for financial institutions seeking to provide services to marijuana-related businesses. FinCEN issued this guidance as states continued to set their own cannabis policies, and just months after the Cole Memo was issued.
May 2014
The Rohrabacher-Farr Amendment passes the U.S. House of Representatives for the first time ever with a vote of 219-189. While I had not started with NCIA just yet, I was in touch with our Director of Government Relations, Mike Correia, that night. Mike spent that evening doing two things: lobbying in the Capitol and running to the hospital to be with his wife, who was in labor! I remember waking up the next morning to learn two things: first, that states with medical cannabis programs and patients were going to be protected, and second, to find that Mike was the father of a baby girl!
June 2014
NCIA hosts our 1st Annual Cannabis Business Summit & Expo in Denver, bringing hundreds of cannabis industry professionals together.
October 2014
NCIA hires their second government relations staffer, ME! At the time, I was hired to be the Government Relations Coordinator and it changed my life forever.
November 2014
Oregon, Alaska, and Washington, D.C. all vote to legalize adult-use cannabis. However, because Congress has the final say over D.C. policies, the District still does not have any adult-use dispensaries.
March 2015
For the first time ever, pro-cannabis legislation is introduced in the U.S. Senate as S. 683, the Compassionate Access, Research Expansion, and Respect States (CARERS) Act of 2015. I remember that day well– Mike and I were there at the press conference with the architects of the bill, Sens. Booker (D-NJ), Gillibrand (D-NY), and Paul (R-KY).
April 2015
NCIA hosts its Fifth Annual Cannabis Industry Lobby Days in Washington, D.C., and brings dozens of cannabis industry professionals to the halls of Congress to talk directly with members of Congress and their staff. That same month, Mike and I moved into the first NCIA-DC office.
June 2015
The Rohrabacher-Farr amendment passes the U.S. House of Representatives for the second time by a wider margin of 242-186. Later that month, the U.S. Senate Appropriations Committee passed the companion Mikulski medical cannabis amendment by a vote of 20-10.
NCIA hosts its 2nd Annual Cannabis Business Summit & Expo in Denver. This also marked the first time a Presidential contender (Sen. Rand Paul, R-KY), hosted a private fundraiser with the cannabis industry.
July 2015
NCIA hires two well established D.C. lobbying firms to represent the industry on Capitol Hill. This was the first time in history that a “white shoe” firm worked to further pro-cannabis legislation. Nowadays, there are dozens of lobbying firms involved in this space!
Sen. Jeff Merkley (D-OR) introduced the Senate version of the Marijuana Businesses Access to Banking Act. This bill was the precursor to the SAFE Banking Act, and to this day, Sen. Merkley is our biggest advocate for banking in the chamber!
September 2015
Sen. Kirsten Gillibrand (D-NY) gives the opening keynote speech at NCIA’s Fall Regional Cannabis Business Summit. That same month, GOP presidential contenders were askedabout cannabis policy at a CNN Debate, showing the mainstream acceptance of this issue.
October 2015
Democratic presidential contender and Senator Bernie Sanders introduces the Ending Federal Marijuana Prohibition Act of 2015 (S. 2237), becoming the first major-party presidential candidate to support the legalization of adult-use cannabis. Also that month, United States District Judge Breyer lifted an injunction against a California medical cannabis dispensary, citing the Rohrabacher-Farr amendment.
November 2015
NCIA celebrates its 5th Anniversary in Las Vegas and honors Rep. Barbara Lee (D-CA) with the 2015 Legislator of the Year Award.
Photo By CannabisCamera.com
Looking back, those early years of NCIA were without a doubt integral to where we are now in cannabis policy. Make sure you keep an eye on future issues of NCIA’s Cannabusiness Leader to learn more about 2016-2017 and all the progress we made during those years!
A Different Kind Of Season: Gearing Up For Appropriations
by Morgan Fox, NCIA’s Director of Media Relations
It’s that time again on Capitol Hill: appropriations season, when Congress determines how to spend – or not spend – your tax dollars for the next year. As you can imagine, this year will be unlike any in recent memory as a cash-strapped nation struggles with how to weather the economic storm caused by the pandemic while finding the funds to support important government functions and programs. Appropriations are also a time when our champions in the legislature are once again introducing sensible cannabis policy reforms through an avenue that historically has been effective. Many of these reforms would actually save taxpayers money!
What’s in:
For the second year in a row, language that prevents the Department of Justice from using resources to target state-legal medical cannabis programs was included in the original language of the commerce, justice and science funding bill. If approved or continued, this would be the sixth year that Congress has told federal law enforcement to leave medical cannabis patients and providers alone.
Language that would prevent the Department of Treasury from using resources to penalize banks and other financial institutions for working with legal cannabis businesses was included in the financial services and general government funding bill. While not as comprehensive as the SAFE Banking Act, which was approved by the House last year and included in its most recent coronavirus relief bill, this provision would give financial services providers more assurances needed to encourage working with the cannabis industry and would help improve public health and safety.
A measure that would protect public colleges and universities from being denied federal funds due to conducting research on cannabis was included in the bill funding agencies related to education, labor, health, and human services. Many institutions have cited the potential loss of funding as a major discouragement to research. This also makes it easier for universities to study cannabis products available in regulated state markets. An additional provision to this bill also prevents federally funded schools from engaging in any advocacy in support of making any Schedule I substances legal.
Additional funding would be made available through the agriculture and FDA appropriations legislation for research, regulation, and consumer protection related to hemp, CBD, and other cannabis components.
Language that asks the Office of Personnel Management to reconsider allowing federal employees to legally consume cannabis in accordance with applicable state laws without fear of retribution was added to the financial services and general government funding bill. While this is non-binding, it would hopefully encourage the federal government to review its employment practices and not punish law-abiding employees who choose to use cannabis outside of work.
What’s not:
A provision that has prevented the District of Columbia from regulating cannabis after voters there approved a ballot initiative making adult use legal in 2014 was left out of the new spending package. So long as it is not added again in either the House or Senate, the nation’s capital will finally be able to fully carry out the intent of the voters more than half a decade after residents decided this issue. Currently, adult possession and limited home cultivation are permitted in the District, but non-medical sales are not.
What could be added:
While the spending bill that funds the Department of Veterans Affairs did not originally contain any cannabis-related provisions, supporters are leaving open the possibility that language which would allow doctors in the VA system to recommend medical cannabis to their patients in accordance with state laws to be included before the process is complete.
Reps. Earl Blumenauer (D-OR) and Tom McClintock (R-CA), joined by Delegate Eleanor Holmes Norton (D-DC), are considering the introduction of a rider which would prevent the Department of Justice from interfering in any state cannabis program, extending the previously-approved protections for medical cannabis programs to regulated adult-use systems that exist in 10 states and counting. This legislation was approved in last year’s House spending bills but was not included in the final legislation.
It is difficult to tell what will happen with the various appropriations bills this session. There is still time for members of the House to amend funding legislation. While the House is moving forward with these bills, the Senate has yet to introduce any of their own. However, the upper chamber is in the process of considering a new coronavirus relief package. NCIA has been working with that chamber to have cannabis banking reform language included in that bill as it was in the last relief bill approved by the House, but it is by no means certain at this point. It is also possible that Congress won’t reach an agreement on the new spending bills and will simply decide to continue with the prior year’s budget outlays, which would at least continue medical cannabis protections for another year.
Stay tuned for more updates and be sure to join us next Wednesday, July 29, for an exclusive members-only fireside chat with NCIA’s dedicated government relations team!
Committee Blog: Join Us On The Facilities Design Committee!
Make an impact in the cannabis industry!
Our Mission
NCIA’s Facilities Design Committee provides access to resources for the NCIA community and regulators that will inform the design and use of GMP-driven, sustainable and operationally efficient facilities to position our industry to compete in the global marketplace.
The FDC is open to all members of the National Cannabis Industry Association. If you have experience and passion in one of the following areas, we encourage you to apply:
Systems engineering
Controlled Environmental Agriculture
Facility Design
Environmental Systems & Controls
Cultivation Licensing
Cultivation Building
Governmental standards or Associations
Value to You
Gain recognition as a thought leader in the cannabis industry
Give back to the industry through education, advocacy, and community building
Network with other facility design experts across the U.S.
Participation Expectations & Required Commitment
Members who apply and are accepted must be willing and able to:
#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.
Looking Back On #10YearsOfNCIA: 2009-2013
Photo By CannabisCamera.com
by Michelle Rutter Friberg, NCIA’s Deputy Director of Government Relations
As NCIA continues into 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.
I started with NCIA nearly six years ago, so I’ve witnessed much of the progress we’ve made firsthand — especially the strides forward we’ve made in policy and in the halls of Congress! Let’s take a look back to the early years of NCIA (2010-2013) to see just how far we’ve come in the last decade.
October 2009
The Ogden Memo is released by the Justice Department, directing prosecutors not to prioritize the use of federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana, laying the groundwork for a new national industry. Personally, I consider the Ogden Memo to be the mother of the now-rescinded Cole Memo.
November 2010
NCIA is formed as the cannabis industry’s only national trade association by long-time marijuana policy reform leaders Aaron Smith and Steve Fox.
March 2011
Six association members join Smith and Fox for NCIA’s 1st Annual Cannabis Industry Lobby Days in Washington, D.C. Now, Lobby Days brings hundreds of cannabis industry professionals to D.C. and includes VIP Day, receptions, and opportunities to mingle with over a dozen members of Congress and their staff.
May 2011
The Small Business Banking Improvement Act of 2011 (H.R. 1984), which would exempt state-legal cannabis businesses from Suspicious Activity Report requirements, is introduced in the U.S. House of Representatives by then-Rep. Jared Polis. This bill was the precursor to the Marijuana Businesses Access to Banking Act, which was the precursor to the SAFE Banking Act.
May 2011
The Small Business Tax Equity Act of 2011 (H.R. 1985), which would correct the unfair tax burden of Section 280E, is introduced in the U.S. House of Representatives by Rep. Pete Stark (D-CA). That bill has been re-introduced in every congressional session since 2011. Today, the Small Business Tax Equity Act (H.R. 1118) has 11 cosponsors (compared to over 40 last session), but don’t think it’s because 280E isn’t important– advocates and congressional staff have simply been focused this session on passing SAFE Banking.
June 2011
Rep. Barney Frank (D-MA) and Rep. Ron Paul (R-TX) introduced the Ending Federal Marijuana Prohibition Act of 2011 (H.R. 2306) with NCIA’s support. The bill would have ended prohibition and legalized cannabis at the federal level by amending the Controlled Substances Act. It would then transfer the authority to regulate cannabis from the Drug Enforcement Administration to the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
November 2012
Colorado and Washington become the first two states to legalize marijuana for adult use and sales via voter initiative. NCIA, while an infant of an organization, proudly supported both of these initiatives even as some in the industry didn’t support full legalization at that time. In fact, our co-founder Steve Fox was one of the primary authors of Colorado’s Amendment 64 and our former Deputy Director, Betty Aldworth, was a campaign spokesperson just before joining NCIA.
April 2013
NCIA hosts conservative tax reform champion, Grover Norquist, at its third annual Cannabis Industry Lobby Days in Washington, D.C. While there, Norquist discussed Americans for Tax Reform’s (ATR) release of a white paper titled Legal Cannabis Dispensary Taxation: A Textbook Case of Punishing Law-Abiding Businesses Through the Tax Code. The paper discussed Section 280E of the tax code, which is still misapplied to legal cannabis businesses and creates an effective tax rate two to four times that of other small businesses. Norquist also announced ATR’s endorsement of the Small Business Tax Equity Act.
July 2013
Congressional cannabis champion Rep. Ed Perlmutter (D-CO) introduces the Marijuana Businesses Access to Banking Act of 2013 (H.R. 2652) in the House of Representatives. This bill was the precursor to the SAFE Banking Act which has been approved (twice) by the House of Representatives in the last year.
August 2013
James M. Cole, the Deputy Attorney General, issues new guidance regarding marijuana enforcement and banking, referred to as the “Cole Memo.” The memo indicated that prosecutors and law enforcement should focus only on the following priorities related to state-legal cannabis operations:
Preventing the distribution of marijuana to minors;
Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;
Preventing the diversion of marijuana from states where it is legal under state law in some form to other states;
Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
Preventing violence and the use of firearms in the cultivation and distribution of marijuana;
Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and
Preventing marijuana possession or use on federal property.
September 2013
Sen. Leahy (D-VT), Chairman of the Senate Judiciary Committee holds an oversight hearing on federal marijuana policy. Both Attorney General Eric Holder and Deputy Attorney General James Cole testified. The hearing, titled “Conflicts between State and Federal Marijuana Laws” came just months after two states, Washington and Colorado, legalized small amounts of cannabis for personal use by adults over 21. At the time, twenty states and the District of Columbia had legalized medicinal cannabis.
November 2013
NCIA hires a Director of Government Relations in Washington, D.C., the first-ever full-time lobbyist on behalf of cannabis businesses at the federal level. That was the man, the myth, the legend: Michael Correia, who is still here nearly seven years later! The Washington Posteven profiled the nation’s first full-time cannabis lobbyist.
Looking back, those early years of NCIA were without a doubt integral to where we are now in cannabis policy. Make sure you read next week’s edition to learn more about 2014-2016 and all the progress we made during those years!
When the COVID-19 pandemic started to ramp up in the U.S. last March and stay at home orders were being put in place, medical cannabis patients took notice.
I saw it firsthand with my wife who stocked up for three months, not knowing what she was in for and wanted to make sure she had her treatments, just in case dispensaries were closed down. She was not alone, it has been well documented that this stocking upsurge took place and sales increased dramatically over a few months.
But many of these businesses did not close during the shutdown and it was a big milestone that several state governments declared medical dispensaries essential. This was a big statement to make for an emerging new industry that has been saddled with controversy over the years.
Prior to COVID-19, the industry was already going through a reset in late 2019. The large players overextended themselves globally with huge capital investments in facilities and then oversupply hit the market, prices started to decline and the anticipated demand to pull CBD products did not materialize. Add COVID-19, and you have the perfect storm to amplify the reset button.
Consolidation is in the works — restructuring of management teams, companies closing doors because they were not strong enough to start with other factors too. This pushed these businesses over the edge.
As we have been slowly reopening the country, the cannabis industry has the potential to emerge stronger than ever. There might be fewer players, but the ones that have survived will be set for the next push of maturity of the marketplace.
States that do not currently have adult-use programs will most likely look at cannabis as a way to drive new tax revenue into the state to help offset the heavy losses during these several months of lockdown.
When these states do pull the trigger on adult-use, regulation and compliance will be a key issue. The current companies who have been using all the latest tracking platforms, ERP systems, and implementing cGMP standards will be in very good shape to meet the requirements and deliver authentic products that are high quality and safe to consume.
Consumers will want to know the origin of the materials being used to manufacture these products and demand transparency from the brands. New innovative technologies using unique molecular-based tags to apply to the flower, oils, isolates and edible products will help take the industry to a new level of scientific proof of authenticity offering forensic transparency across global supply chains.
Even in the face of a pandemic, cannabis is here to stay! Over 60% of the population is in favor of it for both medical and adult use. The science that has taken place over the last 20 years globally has articulated how the human body can take advantage of the cannabis plant in many ways. And for folks who want to use it as a recreational alternative, they should have the right to do so, of course with responsibility.
There is clear global demand, it still needs to be sorted out and that will happen over the course of the next couple of years as this emerging industry matures into a profitable market segment in the world’s economy.
It is an exciting time for cannabis and as we begin to focus on reopening business across the nation, we are eager to take advantage and to be a part of the opportunities that are ahead.
John Shearman, Vice President of Marketing and Cannabis Business Lead at Applied DNA Sciences, has over 30 years of deep enterprise and advertising agency experience across all marketing, sales and IT disciplines. John’s experience allows him to advise on structuring sound strategies that address business goals and objectives. His extensive technology background stems from working with several leading technology companies throughout his career. John spearheads Applied DNA Sciences Cannabis vertical leading the vision, strategy, and product development for this emerging market. John also oversees the marketing for the entire company driving the marketing strategy for its other core verticals.
Meet The Team: Vince Chandler – NCIA’s Digital Strategist
My mother once quipped in a Facebook post, shortly after I first made my professional entreé into the cannabis space, something along the lines of “high school Vince has finally found a way to make a living.”
It was around the advent of the extra reaction options on Facebook, and I watched with a particular personal pleasure as the “haha” reactions multiplied. Some people were laughing because the adult-use cannabis industry was still brand new and a mom celebrating their son joining it publicly was certainly unexpected, quite possibly still avant-garde.
Others, though, were laughing for the same reason that I was. It was funny simply because it was true.
Raised by a career journalist and community organizer, I was enabled to find and empower my voice early. I had the privilege as a teenager to protest American imperialism while expressing my own personal identity. Always aware of impact, my parents concentrated on imbibing the need to amplify others’ voices with an intentional consciousness of my privilege.
Dubbed by my middle school teachers the “social butterfly,” I found solace in my ability to move seamlessly between the pseudo cliques my small public arts school could manufacture. In college, as I sought to put my love to educate and organize front and center in a career I found myself in journalism school, following my father.
The Free Press, I knew, could move the needle on public opinion, simply by ethically and diligently covering truths. Photojournalists, especially, have had an incredible impact on how Americans access and interpret historical and contemporary events across the globe.
As I was graduating, multimedia journalism was starting to see itself become more widespread. Legacy news organizations, newspapers like The Washington Post and LA Times, were investing in internet streaming television stations, in their newsrooms. These new media startups were inspired by successful YouTube “networks,” and when coupled with emerging, affordable mobile streaming gear they could compete with cable companies.
The Denver Post, the humble newspaper of record for the Rocky Mountain Empire, was similarly doubling down on digital and building dpTV. Colorado had seen exponential growth for the previous decade, with a tech-centered Front Range economy attracting younger professionals a digital-first approach for the newspaper made sense.
It also allowed me to be one of the tech-centered younger professionals fortunate enough to relocate to Denver.
In 2014, I left a position at Arkansas State University to join the migration to the Mile High to help found dpTV. It would include daily “news desk” updates, entertainment mini-shows, a daily two-hour live show starring Woody Paige, and – and this is what was pitched to me first – “The Dope Show.”
A year earlier the Denver Post had launched The Cannabist, a news vertical covering the legal cannabis industry intrinsically with classic journalistic ethics. An admitted first for the emerging industry. Part of the digital expansion of the newspaper would be an addition of a weekly show centered on the cannabis vertical, hosted by founding editor Ricardo Baca.
I was sold.
I had found cannabis early in life, replacing pharmaceutical ADHD medications with a self-prescribed regimen of marijuana. (It wasn’t until years later that I knew that this is what I was doing, of course). As an athlete, I recovered with cannabis, but I was certainly no activist for the plant. I was a typical regular consumer on the east coast, not normalized to regulated cannabis and curious.
Three years and 150 wonderful episodes later, I found myself indoctrinated through a front-row seat to the importance of a responsible end to federal prohibition. However, the Cannabist Show (as it had ultimately been named), was canceled and the vertical’s staff was soon to be completely eliminated in a vicious round of layoffs by vulture hedge fund owners.
These cuts illustrated to me that my intention for spending a decade in journalism had been blocked by a corrupt ownership’s call for superficial pivots to “lifestyle coverage.”
Disenfranchised, I turned to the long-ignored organizer side of my upbringing. As a journalist, I enthusiastically went above and beyond to cover movements for civil liberties, led by The People. I’d found a way to be a megaphone for the voiceless, but it had been cut off to drive a profit.
I got engaged in local politics, finding myself still drawn to listening and repeating. To amplifying.
In a former life, I’d had to shield my political ideology, never allowed to display a candidate’s pin as anything by “memorabilia.” Now, I could unabashedly represent a cause that I believed in.
I canvassed for an inspirational mayoral candidate. It was my first time knocking on doors as an adult, and by the tenth door, I couldn’t imagine myself not being allowed the pleasure of a polite conversation with a stranger about our city. The half of myself that I had denied too long finally saw sunlight and there was no covering it back up.
I took my first paid political job, running communications for a city council campaign, the candidate the country’s first Black cannabis licensee. I was fortunate enough to learn quickly, on the ground, mentored by people with statewide and federal experience. Between the hours of work, at any moment I could find, I’d pepper them with questions. I was entranced by their war stories.
The fast pace of a newsroom, but not having to react constantly. Getting to mold and shape, to drive the conversation.
The common denominator in my life since the year Colorado made the nation’s first regulated cannabis sale has been the plant. While my daily news coverage pivoted, I centered on my role at The Cannabist. Since then, I’ve advocated for and with cannabis activists and entrepreneurs. It made sense that I’d find myself knocking on the doors at the National Cannabis Industry Association.
It’d be more accurate to say I was knocking down the doors at NCIA. Long-recognized as the preeminent national advocacy organization for the cannabis industry, with a reach that was ready to be activated, on the precipice of the fall of federal prohibition, I had to join this team.
My months with this organization have only motivated me more, animated by the incredible work that NCIA does at levels I had never fully recognized. Oft-cited as a source, I’d also attended events in multiple cities (and the ancillary company I co-founded is an NCIA Member), and still, the explosive growth is astounding. Across our committees, policy council, membership, board, and the staff there is so much energy for the cause; absolutely infectious.
Over the past few months, I’ve had the pleasure of speaking with more and more of our members directly. When the world moved to digital in the first wave of the COVID-19 outbreak, NCIA began offering digital outreach options and it enabled one-on-one conversations with members across the country. The individual responses and projects being introduced in such a trying time offered personal support for the work ahead.
I have to say, this was an unexpected benefit of being staff for a member-driven non-profit. In this all-of-a-sudden industry, a lot of people look back at the crazy journey that put them in a spot where they fit as intentional. I’m happy to be fortunate enough to count myself amongst them, especially at this moment, grateful to have found myself in the right fight for right now.
Let’s end federal prohibition, we’ve got a lot more work to do.
Video: NCIA Today – New Equity Scholarship Program, New NCIA Connect Member Benefit, And More!
Host Bethany Moore, NCIA’s Communications Manager and host of NCIA’s weekly Podcast ‘NCIA’s Cannabis Industry Voice‘ brings you an in-depth look at what is happening across the country in federal cannabis policy reform and with NCIA.
This episode is sponsored by NCIA Connect, the newest member benefit from NCIA.
From the top, Bethany discusses the #IndustryEssentials webinar series, highlighting the topics covered in the echelon of digital webinar content the NCIA team has been bringing you the last few months. Topics have included protecting your brand and retail success strategies to a Policy Council conversation titled “Just Say NO: Keep The DEA Out of Cannabis Research.” We’ve been joined by Representatives Lou Correa (D-CA) and Earl Blumenauer (D-OR). Missed a live webinar? NCIA Members can access them exclusively on Connect now.
In June, our exclusive education and policy event series the cannabis caucus series to a cyber audience. The fun, online setting allowed our members across the country to come together over two weeks and check in on federal and local updates on policy and regulation updates that could affect them. NCIA launched the latest phase of our Diversity, Equity, Inclusion plan in June. This included making Tahir Johnson our Business Development and DEI Manager, and spearheading the DEI initiatives and committee. The first action taken has been creating the Social Equity Scholarship Program, which will award complimentary annual memberships to all social equity licensees and applicants.
NCIA Director of Marketing, Kaliko Castille, checks in with Bethany to discuss NCIA Connect, our newest membership benefit.
Finally, we end with a check-in with our CEO Aaron Smith.
The “Helpers” In The Cannabis Industry – Responding to COVID-19
As the entire world continues to navigate through the devastating COVID-19 pandemic, it can sometimes be difficult to see the silver lining. A beloved public television figure known as Mister Rogers famously told the story of how his mother urged him while watching “scary things in the news,” to “…look for the helpers. You will always find people who are helping.”
This sentiment rings true for the cannabis industry here in the United States, as cannabis has been declared an “essential business” even during these initial, and most severe, phases of the shutdown. And in recent days and weeks, we are seeing how the cannabis industry itself has stepped up to become “helpers” in various ways, ranging from fundraising efforts to manufacturing hand sanitizer for the community.
As we get through these difficult times together, one day at a time, let’s take a moment to celebrate the efforts of these NCIA members helping to make our world a better place.
Donations Of Supplies And Dollars
Seattle-area company Canna Brand Solutions, a custom packaging supplier and CCEL Vape hardware distributor, has donated 10,000 KN95 masks to local hospitals Providence Everett and Virginia Mason.
They’ve been fortunate to continue serving their adult-use and medical cannabis manufacturing partners who are deemed essential businesses. Through their strong relationships with manufacturers in China, they were able to procure the masks.
Canna Brand Solutions’ CEO Daniel Allen shared, “During this challenging time, we can think of no better way to serve our community than support the people working to keep us safe and healthy.”
Good Chemistry, a Colorado-based dispensary, donated $50,000 and masks. Read more in The Westword.
Kind Colorado is participating in the CDC (Cannabis Doing Good) Gives fundraising campaign.
Cannabis Doing Good (CDG) found nonprofit partners and fellow cannabis collaborators doing incredible work to support the hungry, the unhoused, medical providers caring for our sick, and our frontline workers at dispensaries and restaurants. Together – they created a platform for the cannabis community to contribute.
Many nonprofits are wary to accept cannabis dollars for a host of reasons. However, through relationship development, trust, and transparency, CDG has found 3 community treasures that are willing to work with them. Addressing hunger, Metro Caring, addressing the unhoused, Urban Peak and – one from our very own industry, Friends In Weed, supporting budtenders and the restaurant industry.
CDG Gives: Donations as small as $10 and as large as $5000 are accepted. If this is successful – CDG plans to launch a national campaign so that our sector can contribute on a larger scale. Any amount of participation is welcome.
Technology Perks
Leafbuyer, the cannabis technology company, is giving free texting and loyalty to help non-cannabis businesses get back on their feet!
Because marijuana dispensaries have been considered “essential businesses,” some cannabis businesses have not been hit as hard as other small businesses that have had to shut their doors or scale back. Leafbuyer Technologies, Inc., which serves hundreds of dispensaries, is offering up to $750,000 in free texting and loyalty to 500 small businesses in five cities hit hardest by the coronavirus. Learn more.
Switching Gears: Hand Sanitizer
The Galley is Producing Hand Sanitizer
In early April, The Galley of Santa Rosa, California, joined a wave of cannabis companies’ efforts to support the urgent need for supplies brought on by the COVID-19 pandemic. Channeling resources at their state-of-the-art manufacturing and production facility, a first run of “Stop & Sanitize” will include 25,000 units for distribution to hospitals, retail shops, grocery, and drug stores. The Galley has been built to FDA and CDPH standards and is capable of meeting high demands in multiple cannabis product categories. Using operational expertise and a cutting edge facility, the company will provide bottles of hand sanitizer to retailers in need.
Annie Holman, CMO of The Galley, shares, “It’s our civic duty to do what we can to save lives. Our “Stop & Sanitize” hand sanitizer is made with great care in a sterilized setting and we want to contribute in some way to help people & our community in this crisis.”
Director of Operations Cheriene Griffith comments on manufacturing practices stating, “We have followed the strict FDA temporary guidelines for this purpose and our plant to ensure the product is safe.”
CGA Packaging of Santa Rosa will provide donations of labels and packaging for the “Stop & Sanitize” product. Wherefour, a local Enterprise Resource Planning (ERP) technology company, will donate services to support expedited production.
Anresco Labs began manufacturing ethanol-based hand cleansing solutions.
The company’s intention is to donate as much of this material as possible to those most in need. For each bottle purchased, an equivalent bottle will be donated to a non-profit organization.
At a time when we need it most, it’s uplifting and encouraging in these dark times to see the cannabis industry stepping up and giving back to a community in need, and these values are part of what our industry represents: Community. Health. Well-being. Innovation. And generosity.
As we come together to solve new problems and face new challenges, we’re also grateful for the various educational blogs and other resources with advice and expertise regarding COVID-19 that NCIA members have contributed during this time.
If you are an NCIA member that has given back to the community in response to the COVID-19 crisis, we want to hear about it! Email me your story at Bethany@TheCannabisIndustry.Org.
Webinar Recording: NCIA Committee Insights – How Can You Get More Engaged With NCIA? Let’s Talk Committees!
Applications for NCIA committees are now open through August 1, 2020!
Committees are the heart of NCIA, and one of the best ways to take advantage of your membership and be an active participant.
As an active committee member you be able to:
Network with other professionals in your issue area
Influence policy
Create content promoted throughout our networks
Raise your visibility
But don’t just take our word for it — hear first hand from the chairs of some of our committees about their experience being on the committee and highlights from this last term.
Meet The Team: Rob Kellogg – NCIA’s Chief Operations Officer
My journey into the cannabis industry did not follow the typical route and actually did not begin long ago. In February, just over five months ago, I was hired to be the COO at NCIA. Other than this whole COVID-19 thing, I’m really enjoying working with the talented and committed staff here at NCIA, meeting our members (mostly virtually), and generally learning about the intricacies of the cannabis industry.
After graduating from college in 1995 where I majored in philosophy and government (and spent a semester abroad in India during my junior year), I returned home to San Francisco to kickstart the marketing presence on the left coast for Nantucket Nectars, an all-natural juice company then ranked as the 13th fastest-growing private company in the U.S. It was a great experience for a recent college grad as I got to drive around in a large purple Winnebago with our logo (“We’re Juice Guys”) plastered down the side. For more than a year, I traveled up and down the coast doing product sampling and promotional events from San Diego to Seattle.
I work out of the Denver office. I moved to Colorado thirteen years ago, after spending eight years working in progressive politics and public policy in Washington D.C. While in D.C, I was a consultant to the AFL-CIO and managing director at the corporate governance firm Institutional Shareholder Services Inc. In 2007, I left to co-found a start-up providing ESG risk analysis of foreign public companies to institutional investors. We had a great business model and were about to take off, and then the 2008 financial crisis hit and that really impacted our clients’ pocketbook. I ended up exiting that venture in 2009.
My wife Kate and I have an adopted son from India, and in 2017 our family spent a year-long sabbatical in Kerala (southern India) so our son Milan could become more acquainted with his birth culture. We lived 20 minutes from the Arabian Sea and
spent several days a week surfing Kovalam Beach (and dodging jellyfish). Over Christmas and New Year’s that year, we were lucky enough to spend a few days on a small locally governed atoll in the Maldives, a magical place where we swam with dolphins and sea turtles with the Call to Mecca in the background.
Just prior to joining NCIA, I was the Executive Director of Social Venture Partners Denver, a partnership of engaged philanthropists bridging the for-profit and nonprofit sectors to elevate the impact of social mission organizations in Metro Denver. I have two graduate degrees in management and I’m mildly obsessed with organizational behavior and how to optimize performance in the modern workplace.
One of my professional passions involves social entrepreneurship. In 2016, I founded the Sathi Fund for Social Innovators, a volunteer nonprofit that provides seed grants and mentorship to aspiring grassroots social innovators in Africa and Asia. I’m also a preceptor at the Watson Institute in Boulder where I teach a class called “Transformative Entrepreneurship” in their 5-month residency incubator to 30 or so participants from around the world each semester. In the class, I take scholars through the process of developing their venture, including lean canvas methodology, prototyping, customer discovery, and fundraising. I’ve served as an investor, board member, or advisor to several ventures, including RecycleUpGhana!, Canned Goods, Flyer Connect, Nile Farms, and Achroma.
I enjoy swimming, hiking, basketball, and travel, having lived or traveled to more than thirty countries. I’ve been practicing meditation regularly for the past fifteen years, with a recent emphasis on Zen. I try to do at least one 3-day retreat at the Crestone Mountain Zen Center every year.
I’m excited to be working for NCIA representing business-members in one of the fastest-growing, most innovative, and resilient industries in America. I can’t wait to see where the industry goes from here and look forward to helping our members and staff thrive. I look forward to hopefully meeting you in the weeks and months ahead at one of our events.
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
Our world in 2020 looks vastly different from years past, and we have been ripped open and exposed as a human population, with the birth of COVID-19, the protests and riots resulting from brutality, and the belief that our systems are flawed and need to change at the root level. We are on the precipice of a social revolution and it is time to recognize and change the social paradigms that have shaped and dictated our lives on a personal level. We must also begin the hard work of re-shaping and shifting the practices and policies we have put in place in our work environments, that have disproportionately impacted underrepresented populations. Recent legislation has created the structure for us to begin to edit our current practices and to better support these populations; to aid change in our businesses and create a more equitable place for all employees to work. But it is not always easy as a business owner to understand what that means in our daily lives or to adopt the new practices that will support this evolution.
To begin to understand this, we must first look at where the first missed step begins. We need to break down the different employment practices and approaches we’ve built and begin to analyze the data to understand what prevents us from being who and where we want to be as an organization and we must find the insight that will help us correct it.
When we think about diversity and inclusion in the workplace, we may automatically be drawn to our hiring philosophies and our marketing strategies. Diversity has long been rooted in our recruitment and hiring processes, but we often miss the mark when that’s as far as we dare to look. It’s not just about hiring a certain percentage of a particular demographic or providing recruitment materials that represent the diversity we seek. We must also understand the unconscious bias that lives within all of us and its potential impact on the hiring and employment choices we make. It’s important for businesses to understand not only the laws that help govern equal opportunity but also to implement practices that support the growth of diversity and inclusion within the workplace.
What does your company do to ensure hiring practices are fair?
Have you looked at the unconscious biases that may live within your organization and impact the candidates you seek and ultimately hire?
Do you know the recent legislative changes that impact your ability to ask questions about criminal convictions and salary history, at the time of application or during the interview process?
Do you understand the impacts of background checks and the responsibility of the business to prove the correlation between a conviction and the type of damage it may impose on the business?
These questions tip the iceberg and only begin to open the pathways to investigate what other areas of your workplace may unknowingly rebuke the diversity initiatives you are chasing. Hiring is step one; from there you must identify and foster inclusion and equity in the workplace. In order for a person to feel included, and to experience equality, they must first believe they have the same opportunity to succeed; they must know they are paid fairly and that they have the power to speak up and voice their opinions safely. They must know they have the ability to develop within the organization, to access training and mentorship, allowing them to earn promotions and recognition. When every person in our workplace can recognize and acknowledge equal opportunity in all employment practices, we can begin to say we are winning the battle. Only then have we managed to create an environment of equitability.
It’s important as business owners and as leaders that we take a deep dive into the employment practices we have established and identified the areas where we fall short, where we fail to see diversity thriving.
As NCIA and the cannabis industry work hard to promote social equity for all and to be a leader for change, it’s important that cannabis businesses also look internally at employment practices and how they can impart change, building equality in practice and in policy.
As the founding partner of Eolàs HR, I’ve watched and worked alongside brilliant people who wanted to make a difference but didn’t know how, and who wanted to do the right thing but didn’t know where to start. It has long been a passion of mine to ensure employees of all races, ages, genders, religious beliefs, nationalities, etc. feel they have a workplace where they can thrive, and that businesses and business owners understand how to put practices in place that support and honor that basic human need. It’s important that businesses have the resources, tools, and support needed to build smart employment practices that not only support the employee but reduce the legal risk for the business. In working together, we become part of the solution and we stand as one population united.
Erin Lemmons is passionate about helping small businesses avoid the risk of legal challenges that many companies face as they navigate the growth gap from 1 to 150 employees. She is the Founding Partner of Eolàs HR, a Denver based HR consulting firm and has worked with multiple start-up organizations, within the technology, hospitality and retail industries. Erin’s specialty is supporting employee management strategy and process. She provides the tools, resources and support businesses need to build strong employment practices and reduce legal risk.
She thrives when working with companies who are philanthropic, value innovation, and are dedicated to both environmentally sound and strategically profitable business practices.
Having graduated in 1997 from Colorado State University with a Bachelor of Science degree, Erin is also certified as a Professional in Human Resource (PHR) and is an active member of the prominent HR organization, Society for Human Resource Management (SHRM).
Meet The Team: Kaliko Castille – NCIA’s Director of Marketing
Aloha! My name is Kaliko Castille and I am the Director of Marketing here at NCIA.
My name Kaliko is Hawaiian and means “the bud that blossoms.” It was the name given to my Dad when he was still living in Hawai’i and dancing hula under a well-known kumu hula (hula teacher) named John Keolamaka’ainana Lake. As I tell people when I tell them about my name, it was written in the stars that I would end up in this industry.
Despite the convenient name, I actually didn’t always think I’d end up in cannabis. I actually wanted to go into politics. My dream job is to run presidential campaigns or serve as a top-advisor in the White House, but ever since reading The Emperor Wears No Clothes by Jack Herer, I haven’t been able to keep my mouth shut about the idiocy of marijuana prohibition.
Kaliko with Keith Stroup, founder of NORML
I was that guy in college. The one that every political science department professor knew was going to find a way to do a paper or project on legalization. The one that would stand outside the Werner University Center (at Western Oregon University) collecting signatures for legalization initiatives. The one who would organize debates on campus about legalization. The one wearing cannabis-related t-shirts. You know, that guy.
In the spring of 2010, I attended my first Global Cannabis March in Portland, OR along with some buddies of mine. It was there that I had a chance to meet Russ Belville, who I had been listening to on my local progressive talk station for a couple of years and who was serving as NORML’s Outreach Coordinator. In a lot of ways, that day changed my life. That was the day that I went from being a cannabis enthusiast who was upset by the sinister history of marijuana prohibition to someone who was going to devote my life to helping end it.
Less than a year later, I was invited into the studio where Russ recorded NORML Show Live, which was NORML’s daily live radio show and podcast. Having listened for a while, it was such a cool experience to see behind the scenes of such an impactful show. Before leaving the studio that day, I asked whether Russ could help me get an internship with NORML in D.C. but he instead tossed out the idea that I could intern for him in Portland, which sold me instantly. For the next year, I would help produce two hours of daily live radio content devoted to cannabis news and culture (as well as hosting my own weekly reggae show). I was lucky enough to interact with and book elected officials, celebrities, musicians, Olympic athletes, and presidential candidates.
That internship also opened my eyes to the world of professional cannabis consumers. A couple of months into my internship, I got the opportunity to attend my first NORML Conference which was held on 4/20 weekend in Denver. This was a mindblowing experience because I suddenly found myself hanging out with lawyers, doctors, and other professionals, smoking joints, and doing dabs (this was when it was just starting to become a thing). It was the first time that I had first-hand, verifiable proof that people of all socioeconomic backgrounds consumed cannabis. Not only would consuming cannabis not relegate you to a life of destitution, but you could actually be a responsible consumer and thrive.
Fast forward to the summer of 2012 and cannabis legalization is on the ballot in Washington, Oregon, and Colorado. Despite the fact that the I-502 and Amendment 64 campaigns managed to raise millions of dollars apiece, the legalization initiative in Oregon (Measure 80) had struggled to attract national funders due to what some saw as a “pie-in-the-sky” initiative. While at Hempfest that August, a buddy and I came up with a plan to start a political action committee to raise money independently of the campaign. In a short amount of time, we managed to raise over $10,000 in small-dollar donations from individuals across the state which allowed us to purchase banners, rally signs, and several prominent billboards in the Portland area. When we started our campaign the initiative was polling around 37%, but by the time election day rolled around, it finished with nearly 47% of the vote. Although Oregon didn’t legalize in 2012, we helped lay the foundation for a successful campaign in 2014.
After that campaign in 2012, I thought I was going to become a cannabis lobbyist but as fate would have it, I ended up opening up a dispensary in Portland, Oregon, shortly after the passage of HB3460 which legalized medical dispensaries in Oregon.
That experience was unlike anything I had been through before but it was a necessary step in my professional evolution and my journey to NCIA. In fact, our company Brightside was a member of NCIA! That experience taught me about all of the hurdles regular small businesses have to navigate, but more specifically, the special hurdles that are in place specifically for cannabis businesses. It was my first introduction into the need for banking access and 280E reform, which are the core priorities of the organization I now work for. I also found out the heartbreak that comes from having to close down due to overzealous regulations that don’t apply to any other sort of business. This has given me a unique perspective into the day to day lives of NCIA members and how despite all the “green rush” headlines we may see, this industry is anything but a get-rich-quick scheme.
Working at NCIA has been one of the greatest experiences of my life. It has allowed me to marry my experiences in cannabis activism with my experiences running a business and building brands. This year we are celebrating the #10YearsofNCIA and looking back at all of the progress our movement has made over the last decade and it is truly remarkable to see how far we’ve come.
10 years ago, I was still in college, working the drive-thru at Taco Bell in Milwaukie, OR. These days, I get up every morning with an opportunity to help shape the course of history with an incredibly dedicated and passionate group of people. If there is anything my journey can teach others, it’s that the world is run by those who show up and that if you can dream it, you can do it.
Member Blog: Cannabis Technology – Six Predictions for the Future of Cannabis Tech
by Barry Saik, Chief Executive Officer of Greenbits
Big changes are coming to the cannabis industry.
At least, that is the outlook shared by cannabis experts and lawmakers across the political spectrum. Even people who oppose federal-level legalization have to admit that the current status quo is unlikely to hold, and that popular opinion continues to sway towards the creation of a legitimate nationwide cannabis industry. Technology is playing a crucial role in connecting people inside and outside the confines of that industry.
How Cannabis Tech Will Evolve in 2020 and Beyond
There is considerable movement towards legalization in an increasing number of states. Surging demand has been keeping the cannabis industry afloat even in the worst-hit areas of the global Coronavirus pandemic. While federal-level legalization may be a long shot for the calendar year, there is good reason to believe that several new cannabis markets will open.
Many of today’s most exciting cannabis tech trends have already started gaining inertia. These movements are likely to continue picking up steam well into 2020 and beyond, even if federal-level initiatives prove unfruitful by the end of the year:
Expanded Payment Options
So far, cannabis has been a cash-only industry. Debit card transactions are gradually making their way into cannabis markets, thanks to cashless ATM solutions and a variety of online payment processors. The trend towards cashless payments is likely to continue, whether federally-backed banks support it or not.
If the federal government approves a bill that allows banks to fund and support compliant cannabis businesses, consumers will see a remarkable surge in industry development. Online ordering will likely become the new norm, powered by increasingly sophisticated e-commerce systems.
Without the support of federally backed banks, the market is likely to rely on unicorn FinTech innovators who can find ways to sidestep federal stonewalling. Compliance and cash availability will be issues, but solutions similar to those already in place will nonetheless flourish thanks to steady demand.
Better, More Accurate Strain Profiles
Right now, cannabis experts rely on a broad range of ambiguous, anecdotal data to differentiate strain profiles and the experiences they offer. There is not enough hard data to offer a quantitative comparison between any two strains.
Terpene research is going to change this. These aromatic oils are responsible for the telltale smell unique to each strain, and they have been shown to contribute to each strain’s medicinal and psychoactive effects.
The availability of hard data will transform the way consumers categorize cannabis. The goal is to go beyond the “sativa vs. indica” distinction and tell consumers exactly what to expect from each strain on an individual basis. In time, this may lead to an entirely new system of categorization for cannabis products.
A New Spotlight On Consumer Convenience
Colorado has implemented cannabis hospitality licenses as of 2020, and cannabis legislators around the country are taking a close look at the effects of the new rule. California already has a few consumption-friendly public locations, but this is very much a brand-new field where cannabis legislation – and cannabis technology – have yet to fully intersect.
On a similar note, Colorado is following California, Nevada, Oregon, and Massachusetts in allowing for cannabis delivery. These simple regulatory changes will have effects that transform consumer expectations in the industry, and the trend is towards convenience.
Expect a new brand of cannabis entrepreneur fusing technology and cannabis culture in ways never before thought possible. People are going to develop solutions that help solidify cannabis culture’s place in the local environment, capitalizing on convenience to do so.
Operational Experts Will Become Highly Sought After Cannabis Executives
There are several high-profile companies making movements towards consolidating their multi-state presence. At the moment, this is made difficult by the fact that every state has a unique set of rules for its cannabis businesses to abide by. This makes economies of scale difficult to achieve.
Operational talent is the specific kind that these large-scale organizations are going to be looking for. Until now, many multi-state operators have been run primarily by finance-oriented executives. This provides a good basis for setting up and closing acquisitions, but it will fall on newly built operational teams to build compliant solutions for multi-state organizations.
Hemp Will Open the Door to Cannabis Agriculture
The 2018 Farm Bill has led to official, federal-level recognition of hemp products. While this has not resulted in a nationwide hemp craze, the participating states are expected to bring non-psychoactive marijuana cultivation to the forefront.
So far, the USDA has approved 2020 hemp applications in Washington, Wyoming, Georgia, Iowa, and Pennsylvania. There are also fifteen tribal plans under review. Increased attention to hemp will lead to an increased dedication of tech resources to the needs of hemp farmers – which are necessarily distinct from those of psychoactive cannabis cultivators.
Market Intelligence Will Take Center Stage
A handful of ancillary industries – from cultivation-friendly real estate specialists to cannabis law firms – are expected to grow around the burgeoning industry, but market intelligence is the one most experts are excited about.
Industry leaders in every state are looking for data on cannabis users. Sales data can help inform industry players on better, more efficient ways to use limited cultivation resources. Merchandising data can help dispensaries build lasting partnerships with non-cannabis brands. A wide array of new businesses will enter the cannabis market without necessarily being growers, processors, or dispensaries.
The ability to securely turn dispensary transaction data into readymade analytic insight will prove to be one of the most valuable assets a cannabis company can have. The fact that state regulation already requires dispensaries to gather and report transaction information means that, in many cases, half of the work is already done.
2020: The Year for Cannabis Tech
Technology has historically played a crucial role in achieving civic and social progress, which then informs newer technological initiatives. Cannabis technology is already helping regulators meet the demands stipulated by voters who want safe, legal access to marijuana products, and this trend is going to continue.
Barry Saik serves as Chief Executive Officer of Greenbits, a leading cannabis retail platform that empowers more than 1,200 cannabis retail locations across 13 states with a safer and smarter way to manage day-to-day operations and maximize store performance.
Barry leads all functions of the company, which processed $3.3 billion in legal cannabis transactions in 2019. Through its platform, Greenbits offers the full suite of services that cannabis retailers need – automated state-by-state compliance, point of sale, inventory control, and personalized insights – to enable owners, managers, and budtenders to run, protect, and grow businesses with ease.
A veteran of Silicon Valley start-ups and global tech companies, Barry brings a wealth of experience in scaling and leading integrated teams building software solutions that help small businesses grow.
Barry joined Greenbits as CEO in late 2019 after founding and running the SmartLine business at GoDaddy (NYSE: GDDY), a global company that helps entrepreneurs and businesses to be successful online. Centered around providing a second phone line that connects with a smartphone, the unit grew to $8 million in revenue in the first year under Barry’s leadership.
Before GoDaddy, Barry spent 15 years working in a variety of senior roles at Intuit (NASDAQ: INTU) and its marquis tax product, TurboTax, the leading software solution for business and personal tax filings. Early in his tenure, Barry led the founding team of TurboTax Online, which 40 million people used in 2019 to pay their U.S. taxes.
As a senior leader in TurboTax’s marketing department, Barry oversaw the creation of the company’s first television ad campaign, which resulted in a 12 percent spike in sales. He also led TurboTax’s engineering team, which is charged with programming the ever-evolving federal and state tax codes into the software, a centerpiece capability of the product.
Barry graduated from Stanford University with a B.S. in mechanical engineering and an A.B. in communications. He received an M.B.A. in marketing from the UCLA Anderson School of Management.
Greenbits Company Description
As the pioneering leader of regulated retail, Greenbits is the complete cannabis retail management platform. Founded in 2014, we empower 22,000 users in 1,200 retail locations across 13 states. As the market share leader, Greenbits rings $3.7 billion in sales annually, comprising one-third of all cannabis sales in adult-use states. With the largest and fastest-growing network of cannabis retailers, we serve the most locations, reach the most customers, process the most transactions, and ring the most sales in the industry, making Greenbits the best-selling and most trusted cannabis retail platform nationwide.
Greenbits provides smart management solutions that help cannabis retailers maximize performance and make better business decisions. Our robust retail platform – with automated state-by-state compliance, inventory control, and personalized insights – enables owners, managers, and budtenders to run, protect, and grow their businesses with ease. www.greenbits.com
From The Hill: Lawsuit to Challenge Industry Exclusion from SBA COVID-19 Relief Revving Up
For many businesses struggling during the COVID-19 induced shutdown, assistance from the Small Business Administration (SBA) through the Paycheck Protection Program (PPP) is the difference between lifeline and economic ruin. But for thousands of professionals serving state-legal cannabis businesses, including non-profits like NCIA and innumerable small businesses alike, access to PPP money remains elusive. A group of lawyers is in the process of developing a legal challenge to this unjust treatment.
The SBA Policy Notice on April 3, 2018, precludes any company that has received anyrevenue from a marijuana business from receiving SBA assistance, including service providers like lawyers, accountants, or consultants which provide counsel to thousands of legitimate cannabis businesses around the country. This SBA guidance has prevented many firms from applying for PPP loans and casts doubt as to whether firms that received loans but have done work for cannabis clients will have their loans revoked.
A coalition of law firms led by Yetter Coleman LLP is seeking to raise $150,000 for a legal defense fund to strike down the guidance. The lead plaintiff will likely be a law firm whose PPP application was denied because of this rule. If successful, the challenge would benefit the industry going forward by removing the “Indirect Marijuana Business” guidance from SBA’s eligibility determinations. But time is of the essence with the PPP program winding down and the forgiveness rules are already likely being drafted.
In a recent letter to Treasury Secretary Mnuchin and SBA Administrator Jovita Carranza, the American Bar Association (ABA) requested the SBA to clarify eligibility under the business loan program to allow access to the Coronavirus Aid, Relief, and Economic Security (CARES Act) funds through the PPP for lawyers and law firms that provide services to cannabis businesses operating legally under applicable state laws. According to the ABA, of the 1.3 million attorneys practicing in the U.S. in 2019, approximately 78% are in jurisdictions where marijuana sales are permissible under state law. Under the current guidance, the ABA is concerned that many of these lawyers and their firms could be unfairly disqualified from receiving PPP assistance.
“The ABA supports amending federal law to ensure that lawyers do not face the threat of criminal charges when they represent clients in states that have legalized marijuana,” the June 5 letter states. “Even before those changes are made to federal law, lawyers should also not be penalized for providing legal services to cannabis-related businesses that comply with state laws.”
In a March 22, 2020, Twitter post in response to a Washington-based cannabis business owner, the SBA publicly confirmed that cannabis businesses are not able to access the SBA funded programs even though cannabis businesses are as equally harmed by the coronavirus pandemic as other law-abiding, tax-paying small business operators. To date, the SBA has not formally addressed the eligibility of cannabis businesses for the broader Paycheck Protection Program.
Back in March, several industry and advocacy groups, including NCIA, issued a letter to congressional leaders seeking to limit restrictions and allow cannabis businesses to obtain the same relief available to other legitimate industries. Among other things, the letter cites the unfairness of ineligibility for SBA relief for cannabis businesses given their obligations to follow federal employer requirements and the disproportionate impact ineligibility has on small businesses.
The legal U.S. cannabis industry is projected to top $20 billion in annual sales in 2020 and now employs nearly 250,000 workers. One would think access to SBA loans that support businesses in keeping this significant workforce employed during the coronavirus crisis would be an economic priority for policymakers in Washington DC. Time will tell if this goal becomes a reality.
If you are an ancillary business interested in either donating to the legal fund or willing to offer your professional support, please email Shane Pennington of Yetter Coleman LLP at spennington@yettercoleman.com.
Meet The Team: Jon Dinh – NCIA’s Membership Manager
Hello! My name is Jon Dinh and I work as the Membership Manager here at NCIA! I started my cannabis journey three years ago when I first tried cannabis legally in my home state of Colorado and completely changed my life for the better!
I grew up in Thornton, Colorado which is a suburban area north of Denver and didn’t have any interest in cannabis growing up. None of my friends participated in the cannabis culture so I didn’t have any influence growing up. Coming from an Asian culture, it was heavily looked down upon. When the laws changed in my state, I decided to try it and visited my first dispensary. I was amazed at the professionalism and knowledge the budtender provided. I ended up with an edible cookie as my first experience and took a bit much for a first time user. It’s crazy to think that moment changed my life and career path.
I was now curious about the war on drugs and drug policy reform and around this time stumbled upon NCIA. I was lucky enough to get hired as the Membership Coordinator and have learned a great deal about cannabis reform and how it affects people’s lives. I’m fortunate enough to try cannabis safely and legally and have no doubts that others will follow the same path for their first time experience. My scenario is much more common now with states legalizing and people having open access to cannabis. I just hope they’re more careful with their first dose than I was!
I’m now part of the mission here at NCIA to get cannabis businesses treated fairly like any other business in America and it has truly opened my mind to the struggles that face cannabis businesses now and what’s to come in the future. I hope to contribute towards the needed change of these laws and for better treatment of cannabis businesses. Cannabis businesses, even though legal, still exist in a world where the laws are not up to date and have caused issues like loss of profits and having to pay higher taxes.
I got to attend my first Lobby Days event with NCIA to talk about current cannabis issues and it was one of the most powerful experiences channeling my inner citizen lobbyist. I got to see firsthand how Capitol Hill works and what Hill meetings are all about. It’s an important part of how the government works, and it was great to see members of NCIA becoming citizen lobbyists too. This was my first time in D.C. and was blown away by the inner workings of it all. Thanks to NCIA for allowing me to be part of Lobby Days and hope other members of NCIA can join us in the future!
In the meantime, as part of my job duties, I hope to open the doors for others to experience cannabis in their home state and federal legalization in the future. I hope to change the world’s perception of cannabis and to open access to the plant.
Committee Blog: Practical Tips for Cannabis Businesses Impacted by Theft and Property Damage
As the country continues to grapple with the murder of George Floyd and its aftermath, we have seen reports that numerous cannabis dispensaries in California, Illinois, Oregon, and elsewhere have been the victims of theft and property damage. A number of shops have been hit multiple times in successive days, with many reports indicating that businesses are being targeted by organized groups not involved in protests.
The owners of these dispensaries, like many of the other business owners around them, are likely asking themselves: Is my insurance going to cover this? The good news is that, for many of them, it is likely that they will have coverage for at least some of the losses that they have suffered. What losses are ultimately reimbursed can depend on a number of factors, including what an impacted business owner does in the immediate aftermath of an incident. Thus, we provide below an outline of the steps that businesses should follow in the unfortunate event that your shop has been damaged:
File a police report.
Immediately report the loss to the relevant cannabis regulatory authority (check both state and local regulations to ensure full compliance).
Get in contact with your insurance provider and file a claim immediately. Once filed, you will receive a claim number and an assigned claims adjuster who you will work with from the very beginning to the end of the claim.
Ensure your place of business is well protected (even after the loss). Do your very best to continue to protect what you can after a loss.
Document everything. Take photos, save and review your video surveillance. Your insurance company will ask for this when you file a claim
Begin taking inventory of everything that has been damaged, destroyed, and stolen. Your insurance company will need this as well.
Review your insurance policy again and speak with your insurance professional.
Does your insurance policy cover civil unrest, theft, or vandalism coverage? Is it excluded? Is it not listed at all? Many cannabis businesses operate under property insurance policies that will cover losses for property damage and theft that occurs during a public disturbance.
Some insurance policies, however, contain “protective safeguard” endorsements creating certain requirements that the cannabis business owner must follow or a claim can be denied. Many of the requirements include a central burglar alarm, cameras, an approved vault or safe room, and other similar risk mitigation measures. Pay special attention to these protective safeguard requirements, and ensure that all are met. This can be particularly important for businesses that have already been the victims of crime. If the safety systems in question have been damaged or are otherwise inoperable as a result, make sure to put your insurer on notice of this fact and, ideally, get them to approve a temporary accommodation relieving your business of the relevant protective safeguard.
Policies may also be “sublimited” for certain types of property coverage, meaning that limits for particular types of loss are lower than the overall policy limits. Impacted businesses should look for a page entitled “Property Optional Extension Endorsement.” The types of coverage that might be sublimited include:
Employee Dishonesty;
Money and Securities;
Outdoor Property (Fences, Radio/TV Antennas/Satellite Dishes and Signs Outdoor Property (Trees, Shrubs or Plants);
Personal Effects and Property of Others (relevant if a dispensary has not taken title to product): and
Valuable Papers and Records (Other Than Electronic Data).
In addition to taking these actions, dispensary owners in cities where civil unrest is ongoing should give consideration to reducing their store hours or even closing entirely until conditions change in order to keep their staff safe. For those concerned about leaving product in their stores and having it stolen, some states, including California, allow for licensed cannabis dispensaries to remove product from a licensed facility in the face of a public disturbance or emergency. Nonetheless, businesses should always consult their state and local regulations and/or consult with an attorney before removing cannabis products from their facilities in any way that would normally be impermissible under applicable laws.
In sum, while cannabis dispensaries unfortunately appear to be attractive targets for opportunistic criminals, there are a number of steps these businesses can and should take right now to help them begin to pick up the pieces.
Driving High? Information From The CO Department of Transportation
Since Colorado became the first state to legalize recreational marijuana in 2014, the Colorado Department of Transportation (CDOT) has used its unique position to remain on the forefront of traffic safety campaigns for marijuana-impaired driving. CDOT recently launched its new Drugged Driving Colorado website, DriveHighDUI.com, which features telling insights, current data, and a lengthy list of resources to help inform not only Coloradans but marijuana consumers and industry professionals nationwide. As communication shifts to a heavy online focus amid COVID-19, providing accurate and detailed information from a distance is more necessary than ever.
Consumer Education
Consumer health and safety are important to all cannabis businesses, yet information on driving impaired can be hard to come by. CDOT’s website has educational resources that answer commonly asked questions and provide data and downloadable social media graphics, videos, and more. CDOT encourages the free use of its resources and information for in-store screens, website education pages, email blasts, blog/newsletter posts, or at conferences and trade shows.
Frontline Employee Knowledge
Budtenders, manufacturing representatives, and trade publications are the voices most trusted by cannabis consumers. Educating all staff can help dispel false perceptions of cannabis-impaired driving and help change behaviors around driving high. Learn the basics and keep up with the latest news on the Featured News section of DriveHighDUI.com. If you have industry news or an article idea, please reach out to CDOT Traffic Safety Manager Sam Cole at sam.cole@state.co.us.
Community Relations — Be A Valued Resource
Building relationships with the communities in which they operate is crucial to the health and wellbeing of the cannabis industry. CDOT has partnered with health care organizations, nonprofits, universities, and neighborhood groups to communicate the dangers of driving high. Affecting change takes cooperation — and cannabis companies can use these resources to open a dialogue with local, state, or national organizations to help spread the word.
Impaired driving from alcohol and/or other drugs is one of the leading causes of traffic deaths on Colorado’s roads, accounting for approximately one-quarter of all fatalities. This is an issue that affects all of us. CDOT hopes its ongoing efforts to educate cannabis consumers extend beyond Colorado’s borders and we encourage NCIA members and industry organizations across the nation to take advantage of the available resources so we can lead by example and keep our communities safe.
Meet The Team: Jeremy DePasquale – Salesforce Administrator & Business Process Analyst
Hi, I’m Jeremy and this is my story. I grew up in a middle-class immigrant household in Schenectady, NY, in the same house my grandparents bought when they moved their kids from Sicily to America. My brother, my sister, and I loved torturing my grandfather and were no strangers to getting chased down the driveway by him and his broom. Life was as you might expect in an Italian house, the talking was loud, the food was good, and the family bond was strong.
Fast forward… I had no idea what I wanted to do with my life, I had a lot of fits and starts with college until settling into the one thing I knew I truly loved, politics. I struggled hard in college (and in high school for that matter) only doing well in my PolySci classes. Somehow I managed to get a B.S. in Political Science and Government from S.U.N.Y. Brockport, graduating late 2009, just as the economy was headed into the Great Recession. Not so perfect timing.
I did what any naive kid just out of college and in love with politics would do: I moved to Washington, D.C. so I could get a job on the Hill and start my awesome career! Wrong! I couldn’t even sniff an interview on the hill. I spent the next two years doing temp work around the Beltway, ending with a stint at the American Institute of Architects (AIA).
In April 2012, I decided it was time to move on and I started to set my sights on Denver, CO. The Colorado chapter of the AIA was looking for someone to help plan their national convention that was coming to town, so I packed up my stuff and dog and headed into the unknown. All good things come to an end…my 18-month contract expired with AIA and I found myself unemployed and back on the job market.
Four months later, I applied for a position with the National Cannabis Industry Association, I went through the interview process but ended up not getting hired and figured I would never hear of the organization again, but life works out funny sometimes. Out of the blue, three months later I got an email from Aaron Smith asking if I was still interested, as they were growing so fast they had already promoted the person they chose for the position initially. We had a few conversations and drinks at a Deadhead bar, Quixotes True Blue for all you Denver folks, and on May 1, 2014, I started working for NCIA.
I’m not going to lie, I had no idea what I was doing here or how I fit in, after all I was the first NCIA hire with a more structured association background as opposed to grassroots activism. Other than consuming cannabis occasionally I had no connection to the plant like the other staff did. They were long time activists and all had a personal story for their passion and what cannabis advocacy meant to them. I just needed a job.
At that time NCIA’s Denver office was housed in a carriage house behind a historic mansion used as the headquarters of the cannabis law firm Vicente Sederberg. It was commonly referred to as the “Cannabis Cottage.”
It was kind of surreal, I worked in the living room, while others worked in adjoining bedrooms and living spaces. It also wasn’t uncommon for me to see Aaron walking by with his laundry to utilize the washer and dryer in the cottage. In short, that NCIA was much different than the juggernaut we have since become.
Little did I know, what started as just a job would completely change my life. I was able to learn first-hand all about the plant, the people, and the industry. This isn’t just a bunch of stoners who wanted cannabis legal so they could get high. This was about quality of life, social justice, medicine, and community. It has been the privilege of my career to work with people who are so committed and passionate about the history we are making and I couldn’t be prouder to be part of it. If you told me 10 years ago that I would be working in the cannabis industry, I would have laughed in your face, but now I couldn’t imagine working for something I’m not passionate about.
I’m particularly proud of the part I played in (re)launching our member committees and implementing an organization-wide database to help us better engage with our members. I also have been leading a few exciting new benefits, like NCIAConnect: our exclusive online community, and a completely mobile NCIA experience with our new app. Both are coming super soon!
After serving as the Membership Coordinator, Manager and ultimately leading the department as Director, I recently shifted into a whole new role as the SalesForce Administrator and Business Process Analyst. This role is allowing me to combine my technical abilities and my institutional knowledge of NCIA to help move us forward in a coordinated and strategic way. I have also relocated back to the East coast for some loud talking, family connections, and pasta Sundays.
NCIA has changed dramatically since I started 6 years ago, we launched national conferences, grew our staff five times over, doubled down on our advocacy and commitment to our members, and we finally got out of the old “Cannabis Cottage.” I’m not certain what my future holds but I would like to think that NCIA and I have played a role in each other’s successes and are primed for bright futures.
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.
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Samantha Vanegas retains a MBA from the University of Florida Warrington College of Business. 
My mother once quipped in a Facebook post, shortly after I first made my professional entreé into the cannabis space, something along the lines of “high school Vince has finally found a way to make a living.”
Three years and 150 wonderful episodes later, I found myself indoctrinated through a front-row seat to the importance of a responsible end to federal prohibition. However, the Cannabist Show (as it had ultimately been named), was canceled and the vertical’s staff was soon to be completely eliminated in a vicious round of layoffs by vulture hedge fund owners.
My months with this organization have only motivated me more, animated by the incredible work that NCIA does at levels I had never fully recognized. Oft-cited as a source, I’d also attended events in multiple cities (and the ancillary company I co-founded is an NCIA Member), and still, the explosive growth is astounding. Across our committees, policy council, membership, board, and the staff there is so much energy for the cause; absolutely infectious.
As the entire world continues to navigate through the devastating COVID-19 pandemic, it can sometimes be difficult to see the silver lining. A beloved public television figure known as Mister Rogers famously told the story of how his mother urged him while watching “scary things in the news,” to “…look for the helpers. You will always find people who are helping.” 
My journey into the cannabis industry did not follow the typical route and actually did not begin long ago. In February, just over five months ago, I was hired to be the COO at NCIA. Other than this whole COVID-19 thing, I’m really enjoying working with the talented and committed staff here at NCIA, meeting our members (mostly virtually), and generally learning about the intricacies of the cannabis industry.
I enjoy swimming, hiking, basketball, and travel, having lived or traveled to more than thirty countries. I’ve been practicing meditation regularly for the past fifteen years, with a recent emphasis on Zen. I try to do at least one 3-day retreat at the Crestone Mountain Zen Center every year.
Erin Lemmons is passionate about helping small businesses avoid the risk of legal challenges that many companies face as they navigate the growth gap from 1 to 150 employees. She is the Founding Partner of 
Working at NCIA has been one of the greatest experiences of my life. It has allowed me to marry my experiences in cannabis activism with my experiences running a business and building brands. This year we are celebrating the #10YearsofNCIA and looking back at all of the progress our movement has made over the last decade and it is truly remarkable to see how far we’ve come. 
Hello! My name is Jon Dinh and I work as the Membership Manager here at NCIA! I started my cannabis journey three years ago when I first tried cannabis legally in my home state of Colorado and completely changed my life for the better! 
Hi, 
I’m not going to lie, I had no idea what I was doing here or how I fit in, after all I was the first NCIA hire with a more structured association background as opposed to grassroots activism. Other than consuming cannabis occasionally I had no connection to the plant like the other staff did. They were long time activists and all had a personal story for their passion and what cannabis advocacy meant to them. I just needed a job.