Why it’s Critical For Cannabis Business Owners to Advocate for Policy Reform
by Rachelle Lynn Gordon, NCIA Editorial Contributor
Cannabis legalization reform has been in the works for years and will certainly continue for years to come due to the plant’s Schedule I status. In addition to the activists and organizations who have paved the way for marijuana legalization for decades, such as NORML, Marijuana Policy Project, and Students for Sensible Drug Policy (SSDP), cannabis business owners are now at the forefront of what will most certainly be a multi-billion dollar industry within a short matter of time. But why is it important for these cultivators, dispensary owners, and investors to be directly involved with legalization advocacy?
“Advocacy is critical at this stage, where there is still so much progress to be made at the state and federal levels,” says David Murét, Co-founder & COO of Viridian Staffing. “While I believe that national legalization is now a foregone conclusion, the form in which it takes and who it will end up benefiting is still an open question.”
At this point in time, 30 states and the District of Columbia have legalized medical and/or adult-use cannabis, each one with their own set of rules and regulations. As more and more states begin to come online and design their own programs, lawmakers will look to states where cannabis is already legal in order to learn from both successes and mistakes. At the federal level however, things are far more complicated.
While marijuana remains an illegal drug in the eyes of the federal government, certain protections are in place for businesses that are operating in compliance with their own states’ regulations. Several members of Congress representing these states have been pushing for even further protections and/or straight legalization, in spite of current Attorney General Jeff Sessions’ staunch anti-cannabis stance. In January, Sessions rescinded the Cole Memo, which had previously stated that federal funds shall not be directed towards enforcing federal cannabis policy within states that have passed for those operating in compliance with the items stated in the memo. However, this doesn’t mean that state prosecutors have to go after compliant businesses
Fortunately, the move was a moot point. A rider bill in the federal budget proposal, which is essentially a must-pass in order to prevent a government shutdown, maintained the protections that the Rohrabacher-Farr amendment (now Rohrabacher-Blumenauer amendment), which prevents the DOJ from going after state-legal medical cannabis. A bipartisan group of 62 members of Congress sent a letter to House appropriations leaders calling for action.
“We respectfully request that you include language barring the Department of Justice from prosecuting those who comply with their state’s medical marijuana laws,” the lawmakers, led by Reps. Dana Rohrabacher (R-CA) and Earl Blumenauer (D-OR), wrote. “We believe such a policy is not only consistent with the wishes of a bipartisan majority of the members of the House, but also with the wishes of the American people.” These protections are now included through September 30th.
David Sutton, President & COO of NanoSphere Health Sciences, agrees that time is of the essence in order to create new legislation that will positively impact the industry in years to come.
“Cannabis business owners and professionals have to participate in advocacy,” he argues. “No matter how many states adopt some form of cannabis legalization, the industry still needs change at the federal level. Without a federal shift in cannabis policy, operators in the industry will remain hampered and handcuffed from growth.”
Many canna-business owners are not only involved with pro-legalization policy efforts with the industry’s future in mind, but also the end consumers. High-profile cases of medical marijuana patients becoming ill due to flower containing mold and instances of widespread pathogen prescences from certain cultivators have increased efforts to prevent these products from getting to market.
“We have a responsibility to ensure this business grows in the right way,” explains Brett Johnson, Founder & CEO of Spectrum-Gro. “We have to be the adults in the room. I am always advocating for the end users – we need to guarantee safe and consistent products that are free from harsh chemicals and other pathogens. If the current leaders in this industry do not advocate for the future, there could be negative results across the board – from cultivation to the consumer.”
There are many ways business owners and professionals within the cannabis space to get involved with advocacy. NCIA Lobby Days brings hundreds of industry professionals and thought leaders to Washington, D.C. in order to tell their stories to lawmakers and push for cannabis reform. In addition, working with local organizations within their own states and jurisdictions is a wonderful way for entrepreneurs to spread awareness and potentially help build legislation in their communities.
“If we want to see how big the industry could be and how many lives can be changed for the better, you cannot simply rely on just hope, everyone needs to act,” adds Sutton. “Change comes from the masses and the masses need each and every owner and professional to participate in industry advocacy.”
Rachelle Lynn Gordon is a Minneapolis-based writer and reporter and graduate of Hamline University. She has contributed to publications such as Cannabis Now Magazine and High Times.
NCIA Board of Directors Nominations Open!
Do you want to have an influential role in strengthening and protecting the industry we’ve built together? This is your chance. Joining NCIA’s Board of Directorsis the premier opportunity to contribute to the progress and success of the cannabis industry.
As the only national trade association for the industry, joining NCIA’s Board of Directors is the premier opportunity to contribute to the progress and success of the cannabis industry. NCIA’s Board of Directors is the executive body that establishes NCIA’s broad objectives and strategic direction. As such, the board has authority over NCIA’s bylaws, mission, budget, and provides oversight to ensure the organization continues to serve our members’ interests as the industry grows and matures.
NCIA prides itself on truly being an organization run for and by its members. Now until Friday, April 27, NCIA will be accepting nominations for candidates to run for the Board of Directors.
WHO CAN BE NOMINATED?
Any representative of a current NCIA Sustaining Member business may run for a seat on the board with the nomination by another representative of any other NCIA member-business.
For current NCIA members wishing to nominate a candidate, nominations are being accepted through this online form. Representatives of Basic or Sponsoring level member businesses who are interested in serving on the board are encouraged to contact us at membership@thecannabisindustry.org or (888) 683-5650 to upgrade your membership before seeking nomination. You can also ask another NCIA member to nominate you by reviewing our member directory!
HOW DO MEMBERS VOTE?
After nominations close at 11:59 PM EDT on April 27, NCIA will send information about all qualifying candidates in a Voter Guide. A secure online ballot will be open to all current NCIA members starting at noon EDT on Monday, April 30, and online voting will be open until until 11:59 PM EDT on Thursday, May 31.
For questions about participating in NCIA’s board election as a candidate or a voter, please contact NCIA Membership Director, Jeremy DePasquale at Jeremy@TheCannabisIndustry.org.
Member Spotlight: Défoncé Chocolatier
Meet Eric Eslao, CEO of Défoncé Chocolatier, based in Northern California. The company produces cannabis-infused chocolates, and proudly donates to St. Jude Children’s Research Hospital.
Cannabis Industry Sector: Infused Products and Extractions
NCIA Member Member Since: May 2016
Tell me a bit about your background and why you launched your company?
I’m a Bay Area native and I absolutely love living here. I completed my undergrad at USF and MBA at SFSU. And had a super fun career at iTunes. So I literally never left the Bay Area, which is very rare.
I started the company a few years ago as I felt consumers deserved a better edible. While the overall aesthetic is what people notice first, it’s really the elevated taste and the amount of care we put into the product that I’m most proud of.
What unique value does your company offer to the cannabis industry?
A great-tasting edible.
Cannabis companies have a unique responsibility to shape this growing industry to be socially responsible and advocate for it to be treated fairly. How does your company help work toward that goal for the greater good of the cannabis industry?
Edibles–historically–have had a bad rap. Whether it’s due to some of the insane dosing that was considered normal or issues with microbes, edibles were a crap shoot for even the experienced cannabis user.
As we move into an era where dosing is more normalized and regulations are more in line with normal food manufacturing, we’ll see more sophisticated products and operators. As a result, I feel the edible industry will start to have equal footing with well-respected food brands. This normalization will elevate our industry as a whole.
What kind of challenges do you face in the industry and what solutions would you like to see?
In California, we’ve had a medical market for 20 years. Going from two decades of quasi-legal businesses to a regulated market is a large hurdle–especially for operators that have been at it the entire time. To make sure we don’t leave behind the people that got us to this point, I would love to see veteran operators allowed more time and given more resources to be compliant–specifically the cultivators that have risked their livelihood to get us to adult-use.
Why did you join NCIA? What’s the best part about being a member?
It’s great to be part of a group with like-minded individuals: cannabis professionals looking to elevate the industry as a whole.
VIDEO: Aaron Smith invites you to #NCIALobbyDays this May 21-23
Over the last several years the cannabis industry has experienced unparalleled economic growth. But, as business owners in the industry, we know first hand that this success also comes with persistent challenges. As long as we still experience the crippling effects of federal policies like 280E and unfair banking regulations, our success is merely potential.
This is why it is essential that cannabis business owners are also industry advocates. With the challenges posed by the current administration and the uncertain federal policies governing our industry, it is critical that we make our voices heard on Capitol Hill.
Join 300+ cannabis industry professionals at NCIA’s 8th Annual Cannabis Industry Lobby Days on May 21-23 in Washington, D.C. to advocate for our industry and forge a unified front with the industry’s most politically engaged leaders. Register before April 30 for a chance to win tickets and travel for two to #CannaBizSummit July 25-27.
Watch this video to hear more from NCIA’s Co-founder and Executive Director Aaron Smith.
For more information about NCIA’s 8th Annual Cannabis Industry Lobby Days,
Quarterly Cannabis Caucuses: “The Strongest We’ve Been, When We Need it the Most”
by Brian Gilbert, Events Manager
The turn of the new year brought with it new challenges and opportunities for the cannabis industry. We were shocked by the rescission of the Cole Memo, but optimistic about our industry’s continued growth and progress over the past few years. Knowing that now – more than ever – the industry needed an opportunity to take unified action at the federal level, NCIA enthusiastically hosted the third year of it’s Quarterly Cannabis Caucus event series and the turn-out was nothing short of inspiring. In the eight nationwide events in January, more than 1,200 cannabis industry professionals took unified action to reform federal cannabis policies by attending Cannabis Caucus events.
In fact, throughout the rest of the Quarter, we smashed attendance records and saw our network mobilize around a national campaign to support the Leahy Amendment in the Senate.
Highlights in Northern California, Southern California, and Pennsylvania
Returning to Oakland, our guest speaker Lindsay Robinson, Executive Director of California Cannabis Industry Association, provided an in-depth update on the recent launch of adult-use sales across the state plus pending rules and regulations.
In Newport Beach, Congressman Lou Correa (D – CA, 46th District) addressed our highest attended Quarterly Cannabis Caucus to date, encouraging industry leaders to keep up the pressure and engage with their elected officials in light of rescinding of the Cole Memo.
We hosted our first-ever event in Pennsylvania with nearly 100 people in attendance.
Highlights in the Midwest, Florida, and the Pacific Northwest
NCIA returned to Columbus, Ohio, following our inaugural event in July 2017 where our second state affiliate, NCIAO was launched.
After discontinuing our events in Florida in 2017, we hosted our first event of 2018 in West Palm Beach and saw an incredible turnout of nearly 100 cannabis industry professionals.
Our newly combined “Pacific Northwest” region returned to the Portland area with guest speaker, Casey Houlihan, the Executive Director of Oregon Retailers of Cannabis Association.
Highlights in the Southwest and Colorado
Our return to the Southwest region saw a record turnout in Las Vegas where we were honored to be joined by Sen. Tick Segerblom (D – NV, District 3) and nearly 100 attendees.
We concluded the Q1 series with a blowout event at the Ellie Caulkins Opera House in Denver, Colorado, where we saw the largest demonstration of support for our community-building efforts yet with nearly 300 in attendance! In addition to Chuck Smith of Colorado Leads & COO of Dixie Brands, we were joined by Borahm Lee of Break Science, who provided entertainment throughout the event.
NCIA’s Q1 Call to Action
Throughout the month of January we encouraged attendees to participate in an online Call to Action which allowed them to contact their Senators and urge support for the Leahy Amendment, which would ensure that vital medical cannabis protections are included in the appropriations bill. More than 30% of our attendees (378 to be exact) took action to support the Leahy Amendment by using our online advocacy platform. In 2017, Sen. Patrick Leahy (D-VT) sponsored the amendment in the Senate, which passed through committee, but we still need your help to get it in the final version of the bill!
The Upcoming Q2 Cannabis Caucus Event Series
We’re excited to announce that registration for our Q2 Cannabis Caucus Events is now open! Join us in new regions and cities for meaningful networking opportunities with industry professionals, policymakers and government officials.
VIDEO: Member Spotlight on Palm Springs Safe Access
In this member spotlight, we speak with Robert Van Roo, founder of Palm Springs Safe Access, a medical cannabis dispensary based in Palm Springs, California. PSSA has been a member of NCIA since 2014. Learn more about PSSA as they prepare to serve the adult-use market in California.
VIDEO: Save The Date For NCIA’s 8th Annual Lobby Days!
JUST ANNOUNCED! On May 21-23, 2018, NCIA Members will descend on Capitol Hill in Washington, D.C. for the 8th year in a row.
WHAT IS LOBBY DAYS? Every year, the National Cannabis Industry Association hosts the annual Cannabis Industry Lobby Days in Washington, D.C. This year, Lobby Days will bring over 300 cannabis industry professionals together to make their voices heard in the halls of Congress.
WHY ARE LOBBY DAYS IMPORTANT? With victories in eight states across the country during the 2016 presidential election, as well as the challenges posed by the new administration, fixing federal policies is more critical than ever. This year, we will continue to emphasize the importance of protecting legal cannabis businesses and patients, reforming section 280E of the federal tax code, and solutions to the banking crisis, all of which are critical to respecting state marijuana laws. Our team in Washington, D.C., works everyday to make the industry’s voice heard, but nothing matches the power of a personal story personally told.
Watch this short video to see highlights from last year’s 7th Annual Cannabis Industry Lobby Days, and to learn more about why you should plan to join us this year as we create momentum for cannabis policy reform in the halls of Congress.
This month, NCIA highlights Phylos Bioscience based in Portland, Oregon. Co-founder and CEO Mowgli Holmes is a molecular and evolutionary biologist and was a National Research Service Award Fellow from Columbia University. He is a founding board member of the Cannabis Safety Institute and the Open Cannabis Project, and is Chair of the Oregon State Cannabis Research Task Force.
Phylos Bioscience
Member Since:
May 2015
Business Category:
Analytical Testing Laboratory
Tell me a bit about your background and why you launched your company?
In 2013, the industry was just starting to blow up, but it had basically zero science. There was a really clear need for a company focused on studying the cannabis genome — one that would be able to make genetic tools available to the industry.
But I think it just so happened that I was one of the very few scientists at the time who was between jobs, and had a background in genetics, roots in Oregon, and an unashamed enthusiasm for weed. I was the right mix of New York and Oregon at the right time. Or the right mix of geneticist and hippie.
Most scientists are still too freaked out by cannabis to dive in. Isn’t that silly?
What unique value does your company offer to the cannabis industry?
Our team of scientists has the expertise to leverage genomic data into products and technology that growers really need. But what’s most unique about Phylos is that we have a genomic database of different cannabis varieties that is significantly larger than any other. It took years to collect it, and it took the help of the American Museum of Natural History, as well as a huge amount of trust-building in the industry. This database is the foundation of everything we do, and it would be very hard for anyone else to recreate anything like it.
Cannabis companies have a unique responsibility to shape this growing industry to be socially responsible and advocate for it to be treated fairly. How does your company help work toward that goal for the greater good of the cannabis industry?
We actually do a ton of “activist” stuff. We started a nonprofit to drive rational safety testing guidelines (Cannabis Safety Institute). We started another one to block big corporations from patenting cannabis varieties (Open Cannabis Project). And for more than a year I hung around the state capital constantly, helping to write the laws and rules that structure the Oregon industry, and serving as the Chair of the Oregon State Cannabis Research Task Force. We drafted laws that helped small growers, and laws that supported cannabis research, and we wrote the study that led to Oregon’s strict pesticide testing rules.
In general we’ve just let ourselves get dragged into this very politicized industry, and tried to fight for the idea that legalization should mean that the people who started this industry should be legalized, not replaced.
What kind of challenges do you face in the industry and what solutions would you like to see?
We’re lucky because we’ve always found ways to do our work while still staying federally legal. So obviously the whole industry needs banking, 280E relief, protection from the federal government, etc. But Phylos doesn’t directly need any of that — we just need it because we want the industry to be strong and sustainable. The biggest problem for us is the lack of research, and the federal government’s continuing unwillingness to make real cannabis research possible. And actually that’s one thing that could be fixed easily if there was just the will to do it in D.C.
Why did you join NCIA? What’s the best part about being a member?
Well, the conferences are some of the best out there. And there’s a real sense that instead of them just being another commercial conference, they’re actually run by an organization that is fighting for the industry, and taking on the hard challenges of federal lobbying and so on. I’m also on the NCIA Scientific Advisory Committee, and it’s great to see the commitment throughout the organization to working for things (like reasonable testing regulations) that the whole industry needs in order to function.
Cannabis Industry Employee? Take this quick survey.
Help US help YOU create positive workplace cultures with thousands of satisfied and happy employees by encouraging (and creating incentives for) your employees to complete the first cannabis industry employee engagement survey. The survey takes only 5-10 minutes to fill out and is completely anonymous.
Overall Worker Satisfaction · Worker Needs and Desires around Benefits · Worker Desires around Community Engagement opportunities
Who should take this survey? Employees of direct-to-plant cannabis companies, including cultivation, retail, and processing and manufacturing from MIPs and concentrate companies, with a heavy focus on Colorado-based companies.
Cannabis companies that self-report participation of over 90% will receive recognition by NCIA in the future report. One lucky participant will even win a complimentary Seed To Sale Show 2018 registration.
We believe the results of this survey will provide immeasurable value as companies within our industry seek to build happy and fulfilling work environments. The results will be analyzed and compiled into a comprehensive report which will be shared with the cannabis industry at large.
The End of Prohibition in California: An Interview with Berkeley Patients Group
At the conclusion of the first week of adult-use cannabis sales in California, we spoke to Sabrina Fendrick, Director of Government Affairs of Berkeley Patients Group, to get a picture of their recent launch into the adult-use cannabis market. Berkeley Patients Group has been serving patients in the Greater East Bay Area of Northern California since 1999 and is a founding member of NCIA.
Sabrina, what was the process like for Berkeley Patients Group to apply for an adult-use cannabis license in California?
What we got was actually a temporary license, so the process for that is not as onerous or complicated as the annual process. We submitted our local authorization, site plan, and landlord approval. We did this three times, one for adult-use sales, one for medical sales, and one for distribution.
We had to work very closely with the city of Berkeley to make sure we had all of our ducks in a row, which was a little bit complicated because Berkeley had a ban on adult-use commercial cannabis activity. We engaged with the mayor and city council to get a “carve out” for us since we are a Berkeley institution as the nation’s oldest medical cannabis dispensary. We were intensely involved in conversations with regulators like the Berkeley Cannabis Inspector Mark Sproat throughout the whole process. We had it a little easy actually since we’ve been around for many years, as we were established in 1999.
When did you learn you had been awarded the license and how did your team react?
We learned on December 15th that we had received all of our licenses at about 4pm on a Friday, and the whole team was elated. There was perhaps even a little anxiety in wanting to make sure we had everything ready to roll out on January 1 to start offering cannabis to adults in California.
The first few days have been generally pretty smooth. There are a few questions surrounding process and operations to figure out as we go, but the whole roll out process has been smooth. Not a whole lot has changed except we’re getting longer lines, and we’re making sure that our systems are in place to be fully compliant with state law and all of the staff training required to go with that.
What is your reaction to the recent news of AG Jeff Sessions announcing on January 4th to rescind the Cole Memo?
We fully intend to keep serving the Berkeley community and the surrounding area as a state-licensed locally-operated compliant business. Further action on behalf of the Attorney General and the Department of Justice remains to be seen, but we do have support from local politicians and regulators.
We’re confident that public opinion and federal protections will continue to support the will of the voters and states’ rights. The DOJ should be using law enforcement resources to go after real criminals committing real crimes, and not enforcing an outdated, archaic policy that has almost no support from the general public.
As is traditional on the first day of adult-use sales, did Berkeley Patients Group make its first sale of cannabis to anyone noteworthy?
Yes, longtime California cannabis activists Mikki Norris and Chris Conrad were sold the first cannabis purchase in our dispensary. They were both spokespeople for Proposition 64 all the way back to Proposition 215, so it was an honor to make the first sale to people who were actively involved in reforming these laws in California.
Cannabis Carnival II: The Fusion of Art & Activism
Written by Brooke Gilbert, Director of Events & Education
For the second year in a row, the National Cannabis Industry Association set the stage for a night of fun, music, mischief, and the celebration of cannabis with our acclaimed benefit concert, Cannabis Carnival II. Held at Denver’s historic Fillmore Auditorium, the Carnival featured a wide-ranging group of world-class musicians and performers, including headliners Medeski Martin & Wood, Everyone Orchestra featuring an all-star ensemble of accomplished musicians, performance troupe Quixotic, and Rob Garza of Thievery Corporation.
Funhouse Facilitator Bhang Corporation gave the interior of the already impressive Fillmore Auditorium a new life through the creation of an inviting, Bhang-branded Funhouse Lounge space complete with seating, psychedelic fine art by Don Callarman and Android Jones, plus even a chance to get your fortune told by the mighty Zoltar!
Filling out the raised viewing area along the east side of the Fillmore were our Cannabis Cavalcade of supporting sponsors and our Non-Profit Village. Attendees had the chance to stop by Mountain Medicine, O.PenVAPE, Mahatma Concentrates, and Terrapin Care Station booth setups to pick up goodies, play carnival-themed games for a variety of prizes, and meet those who make these wonderful products. On top of all this, attendees could also visit the booths of harm reduction heroes Dancesafe and Harm Reduction Action Center to learn more about practical measures to stay safe at live music events and give back by entering into Share Your Cloud’s art raffle to raise money HRAC’s lifesaving local efforts.
The party continued outside with even more carnival fun. Whether taking a chance at soaking someone in the 300-gallon Dunk Tank or showing off your strength by taking a swing at the High Striker, there was plenty of excitement to go around. O.PenVAPE topped it all off by providing a stilt-walker to entertain guests throughout the night in hosting their tricked-out Volkswagen bus where attendees could take a break to play everyone’s party favorite, Mario Kart™.
Opening up the musical portion of the evening was Rob Garza, multi-instrumentalist and founding member of Thievery Corporation. His engaging mix of deep house and nu-disco during his set got everyone warmed up while exploring the venue. Intensely mesmerizing, highly skilled, and visually stunning, Quixotic took the stage next and stole the show for many who were unaware of what they were about to witness. Based out of Kansas City, this group of performers masters the fusion of dance, high fashion, aerial acrobatics, projection mapping, and original live music, producing a multi-dimensional experience unlike any other. You can view highlights from their performance in our official photo album found on our Facebook page here.
The constantly revolving improvisational supergroup Everyone Orchestra took the stage following Quixotic. Matt Butler, a masterful entertainer who also served as our jovial ringleader for the evening, conducted the highly anticipated lineup of musicians, including members of The String Cheese Incident, Big Gigantic, Papadosio, The Motet, Tea Leaf Green, Elephant Revival, The Bridge, and The Congress, through an hour-long improvisational journey which did not disappoint. Combining an eclectic mixture of funk, rock, bluegrass, soul, jazz, and audience participation all guided by the meticulous mind of Matt Butler, Everyone Orchestra got everyone dancing and letting loose to the collaboratively created soundtrack.
A surprise guest for the evening came out during the setbreak before Medeski Martin & Wood closed out the show. Few people knew beforehand that Representative Dana Rohrabacher (R-CA), a longtime champion of cannabis policy reform, also plays guitar and is no stranger to songwriting. In what might have been a first for a member of Congress, Rep. Rohrabacher jumped on stage and shared a personally penned song about freedom at a cannabis-centric concert. This rare moment was definitely a highlight of the evening as it reflected the merging of a political movement, art, and activism that Cannabis Carnival means to encompass.
World-renowned jazz funk trio Medeski Martin & Wood took the stage last, joined by a late night rush of local cannabis enthusiasts who weren’t going to miss their last stateside appearance in 2015. This increasingly rare performance by the jazz fusion pioneers was a real treat for all and the diverse audience once again demonstrated the role cannabis can play in crossing cultural boundaries. With never a dull moment, MMW’s set showcased their wide range with Billy Martin providing an ever-changing canvas of beats and percussive sounds for Chris Woods to build upon, while John Medeski took things deep through his expansive selection of vintage pianos, organs and synthesizers.
As attendees left with smiles on their faces, we couldn’t have been happier with another successful year of throwing Cannabis Carnival. In case you didn’t hear, NCIA will be taking the Cannabis Business Summit and Cannabis Carnival to the Bay Area in 2016. Stay on the lookout for date and location announcements for next year’s edition in the coming months!
