CYBER MONDAY SALE! Save 20% off all new annual memberships!
The holiday seasons are upon us and youʻve probably been inundated with commercials and advertisements for all sorts special holiday sales…but have you considered getting you and your business a gift of NCIA membership?
This year weʻve got a deal you canʻt pass up if you own or operate a business in the cannabis industry.
Maybe youʻve been putting off the idea of joining because youʻve been busy running your business. Perhaps youʻve been waiting until you got some things in order. Maybe you just havenʻt allocated the money in your budget or maybe your boss just hasnʻt approved it yet.
If youʻve been putting off joining NCIA for these or any other reasons. Donʻt wait any longer.
2019 has been one of the most monumental years for political progress at the federal level cannabis has ever seen.
With the SAFE Banking Act passing through the House of Representatives, several other pieces of cannabis legislation getting hearings in Congress, Illinois passing adult-use legislation and more states signaling theyʻll pass their own legalization in 2020, itʻs never been more critical to support the work we are doing on behalf of your business.
Here are just a few of the benefits of your business joining National Cannabis Industry Association as a member:
National representation from the onlyfull-time government relations team working to pass the SAFE Banking Act and end federal prohibition.
If youʻre ready to join the fight to end federal prohibition and fulfill our mission to promote the growth of a responsible and legitimate cannabis industry, take advantage of this special deal now!
This Cyber Monday special will end tonight at Midnight PT, so donʻt miss out!
Member Blog: Hemp and Marijuana Genetics – A Closer Look At The Differences
There are many ways to classify cannabis variants, but the most popular distinction is between hemp and marijuana. Although most of us take these classifications for granted, perhaps you’ve wondered if they are really legit? Put another way: are there real genetic and anatomical differences between marijuana and hemp? And, if so, what are they?
The hemp/marijuana classification is still a major debate within the cannabis community. Although up-to-date research suggests there are genetic differences, critics contend these distinctions have much more to do with legality than botany.
To better understand the complexity of the hemp v. marijuana classification, let’s quickly go through a primer on the cannabis genus. Afterward, we’ll take a closer look at the differences often associated with hemp v. marijuana and why these terms have gained such prominence.
The Basics Of Cannabis Distinctions
The first thing we should clear up is that the word “cannabis” is reserved for the plant genus. This means that both hemp and marijuana technically fall under the cannabis label. For many years, botanists have categorized the cannabis genus into the following three groups:
Cannabis sativa
Cannabis indica
Cannabis ruderalis
Of these three, sativa and indica are probably the most familiar to you. Usually, cannabis connoisseurs draw the sativa v. indica distinction to help differentiate the physiological effects of each strain. Sativa-heavy strains are said to be more energizing while indicas are supposedly more sedating.
It’s important to remember, however, that sativas and indicas were first split up due to their flowering patterns and features. Here are just a few of the key distinctions often ascribed to these two cannabis variants:
Indicas
Short
Fat leaves
Fast-growing
Enjoys mild climate
Sativas
Tall
Thin leaves
Slow-growing
Enjoys a humid climate
Ruderalis is a shrub-like variety of cannabis that evolved in harsh northern environments. Due to its history in regions with little light or warmth, ruderalis strains evolved unique genetics that allows them to flower automatically rather than relying on specific amounts of light.
Cultivators nowadays cross-breed ruderalis strains with indicas, sativas, or hybrids to create what are known as “autoflowering seeds.” These auto varieties are convenient due to their predictable flowering period, but they tend to have fewer cannabinoids than standard sativas or indicas. Most often new cannabis cultivators use auto seeds to gain valuable growing experience.
Hemp v. Marijuana: The Legal Distinction
So, why do we need a hemp v. marijuana distinction on top of all these cannabis varieties? A short answer is that drawing the line between hemp and marijuana helps a lot in the legal department.
You see, hemp is legally defined as a substance containing less than 0.3 percent of the high-inducing compound tetrahydrocannabinol (THC). Marijuana, on the other hand, could have 0.3 percent THC content or above.
Obviously, this makes it a lot easier for legal authorities to categorize what is and what is not legal. As of today, the U.S. legalized hemp at a federal level, but marijuana laws vary by state.
Beyond THC: The Different Uses Of Hemp V. Marijuana
This all doesn’t mean that the hemp v. marijuana distinction was arbitrarily drawn up to help legislators. OK, the 0.3 percent benchmark was pretty arbitrary, however, it’s true that hemp naturally produces less THC than marijuana strains. But there’s more to this story than just THC.
Now that the CBD market has skyrocketed, it’s often hard for us to imagine non-edible uses of hemp. However, for most of human history, hemp has been cultivated strictly for industrial purposes. Indeed, people have used the hemp plant’s fibrous stalks to make clothing and rope for thousands of years. Amazingly, hemp is now showing great potential in a variety of fields including papers, plastics, cosmetics, and even fuel.
Marijuana, on the other hand, has always been associated with recreational and medical use. Growers who cultivated marijuana were always interested in maximizing certain terpene and cannabinoid profiles for their chosen strain.
So, the distinction between industrial hemp and marijuana is still valid and useful as the cannabis industry expands. Growing hemp for industrial purposes is far more interested in quantity rather than quality. Marijuana cultivation, on the other hand, requires a greater degree of care and attention to detail.
Industrial hemp cultivators could often get away with planting their male and female seeds in rather tough environments. Professional marijuana cultivators, on the other hand, need to focus a lot of attention on making their environment hospitable for female seeds.
Of course, there are now many high-CBD hemp cultivators out there using similar marijuana grow methods. With that in mind, it’s still quite useful for cultivators to distinguish between industrial hemp and marijuana to better plan their growth cycle.
Does Hemp Look Different Than Marijuana?
Now we know how hemp and marijuana differ in THC content, growth features, and traditional uses… but do they look different?
To the untrained eye, mature hemp and marijuana might appear to be the same. Indeed, there are many cases of police accidentally arresting truck drivers for “marijuana possession” when they were actually transporting hemp. There are, however, a few key anatomical differences to look out for.
For instance, hemp plants are generally taller than most varieties of marijuana. Remember that many cultivators are interested in hemp’s fibrous stalks, which is why they’ve bred them to grow as tall as possible.
In addition to their height, hemp plants also tend to have thinner fan leaves compared with most strains of marijuana. These hemp leaves also tend to be concentrated at the top of the hemp flower with few leaves further down the stem. Marijuana plants, on the other hand, tend to have more leaves evenly spread throughout their branches.
Looking Into The Genes: Novel Research On Hemp v. Marijuana
After reading the above description, you might understandably conclude that hemp strains might lean more towards the sativa side. After all, sativas are typically associated with tall height and thin leaves.
While this makes logical sense, recent genetic research is changing how we think about the sativa v. indica theory. A team of Canadian researchers recently published a study examining the genetic makeup of over 80 marijuana and about 40 hemp strains. Shockingly, they found that hemp plants have a closer genetic tie to indicas rather than sativas. Most marijuana strains, however, showed a mix of sativa and indica influences.
The scientists concluded that there was enough of a genetic difference between hemp and marijuana strains to warrant the classification. Of course, more research will be necessary to understand these complex hereditary differences.
So, Is The Hemp v. Marijuana Distinction Valid?
While there will likely still be a debate about the hemp v. marijuana distinction, this classification system is popular for good reason. Also, there appears to be a scientific basis for grouping hemp and marijuana into separate genetic categories.
Distinguishing between hemp and marijuana can help consumers make a more informed decision when purchasing hemp flowers, hemp trim, oils, or other products. Plus, with the growing interest in hemp’s industrial uses, it’s important for farmers to separate out strains for industry and those for human consumption.
While it might not be a perfect classification system, “hemp v. marijuana” is still around because it continues to help cultivators and consumers make informed choices.
George Mouratidis is a cannabis writer and freelance contributor to Industrial Hemp Farms, Cannabis Tech, and Highlife Media.
IHF LLC is a Colorado-based, fully licensed & certified hemp farming and wholesale company. IHF wholesales CBD hemp biomass and many different cultivars of clones and seeds. The Company also wholesales CBD distillate, T-Free, Decarboxylated Crude, Isolate and other cannabinoids produced at our extraction facility. One of our primary goals is to make mutually beneficial deals, connections and contacts in the hemp industry.
MORE Act Approved by House Judiciary Committee
by Morgan Fox, NCIA’s Media Relations Director
It’s been quite a year for cannabis policy reform in Congress, with an unprecedented number of bills introduced, landmark hearings in both chambers, and the overwhelming passage in the House of Representatives of the SAFE Banking Act – the first standalone cannabis bill to receive a floor vote. Momentum continues to build, and today’s victory marks the latest and potentially most far-reaching to date.
In a vote of 24-10, the House Judiciary Committee approved a bill that would effectively end marijuana prohibition on Wednesday. The Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019, or H.R. 3884, was introduced by House Judiciary Committee Chairman Jerrold Nadler (D-NY) and currently has 55 cosponsors.
This is the first time that a congressional committee has held a vote on – let alone approved – a comprehensive bill to make cannabis legal. Perhaps even more significantly, this bill recognizes and works to address the disproportionate impact prohibition has had on marginalized communities and people of color while helping to increase access and opportunity in the legal cannabis industry – an unmistakable sign that the debate over legalization is moving from “if” to “how.”
The MORE Act would federally decriminalize cannabis by removing it from the Controlled Substances Act, and would require the expungement of past federal cannabis convictions. The bill would establish a Cannabis Justice Office to administer a program to reinvest resources in the communities that have been most heavily impacted by prohibition, funded by a 5% tax on state-legal cannabis commerce. It would also allow the Small Business Administration to provide loans and grants to cannabis-related businesses and support state and local equity licensing programs, and would permit doctors within the Veterans Affairs system to recommend medical cannabis to patients in accordance with applicable state laws, among other provisions.
While this bill does not contain an explicit regulatory structure for cannabis after it is descheduled, Chairman Nadler said in a press conference the day before the markup vote that it was possible amendments could be added to the bill as it moves through the House. NCIA’s dedicated in-house government relations team will be working to include provisions based on recommendations we released last month outlining a federal regulatory structure for different types of cannabis and hemp products through existing federal agencies so that cannabis products can be effectively regulated similarly to alcohol and other consumables. Even without a clearly defined plan for regulation, the passage of this bill would be a huge win for the cannabis industry and a victory for justice.
The MORE Act is the most comprehensive cannabis policy reform measure to progress this far in the legislative process, and support is growing in Congress. Last week, a Pew Research Center survey showed that a record 67% of Americans are in favor of making cannabis legal, and the ongoing efforts of advocates and forward-thinking lawmakers is convincing an increasing number of legislators to listen to the people on this issue. Reformers are winning new allies every day.
With luck, we may even see a floor vote on the MORE Act in this legislative year, though certain political realities and current events unrelated to cannabis may make that difficult. And even if the House approves this legislation, we still have the Senate to convince. However, every step forward is helping to bring the end of prohibition closer, and we are picking up speed.
Member Blog: Are Women In Cannabis Facing Some Headwinds?
So far, the cannabis industry is willing to elevate female executives more than other industries. And it’s been this way since adult-use legalization started to spread among states in 2014. That’s when a huge opportunity opened up for people with some leadership experience and a cool idea. Women who had hit a glass ceiling in more traditional industries saw a chance to make a rewarding career shift. Long-term success isn’t a given for anyone making this move, but it’s easier to get in and get noticed if you have a niche product, a specialized service, or fill a particular wellness need.
I fear the inroads women have made for higher ranks at canna companies are getting needlessly tougher. As our industry continues to mature and expand, larger amounts of funds are needed to get a business off the ground or scale a business, but securing funds could become harder if you’re female.
From the moment I first started helping cannabis companies, I was riveted by its diversity and inclusion. In my years of working with some of the most innovative companies in Silicon Valley, I was used to male-dominated cultures. It didn’t matter what I role I held — I started as an engineer in aerospace and later became involved in operations, marketing and sales, and professional services — a lopsided imbalance was often in play.
But with cannabis, this industry has seen a higher proportion of women rise to great heights. More than one-third of executives at cannabis companies are female. That’s remarkable when you also take into account that females hold only 21 percent of senior-level roles at other types of companies, according to Marijuana Business Daily survey figures. On a more anecdotal level, however, I suspect from what I’m hearing that the gains women have made could waver. With industry maturity, even at this early stage, comes the zealous interest of deeply pocketed investors (most of them men).
Why the Shift?
Female leaders in cannabis have made great strides, but history threatens to repeat itself. For instance, this statistic would make anyone wince: Female founders across all industries acquired only 2.2 percent of venture capital in 2018, according to PitchBook. And those who are able to get the funding they need don’t get as much as men in the same position.
We’re in the midst of rapid growth, and big-name investors are noticing. While I don’t want to generalize, it’s widely known that investors are more likely to be white males. This puts the more equitable playing field created by cannabis at risk.
In some ways, it’s natural that as more money comes in, there would be a shift. That’s the tradition, as more men have traditionally beendominantin business. I don’t buy into this tradition and it’s what attracted me to the industry — the cannabis industry is known for being non-traditional. We’ve been cracking glass ceilings and we’ve been shedding corporate conventions. The result has been fast growth, satisfied customers, and innovative products. I think we can attribute some of that to the diversity at work.
How can we ensure that women get their fair share? There are loads of opportunities here for entrepreneurs and seasoned executives, across genders, to make their mark. What matters less than someone’s gender is the ideas they have, their plan for making their business thrive, and whether they have a solid foundation for truly understanding the company as they make big decisions. When you encounter women entrepreneurs, I encourage everyone to give them a shot, hear out the business plan, and assess the opportunity they’re presenting with an open mind.
There is still time to build upon the momentum women have made. Let’s all, especially men and investors, make a concerted effort to fully support women-led businesses and recognize the need for diverse talents and skillsets. I made a similar call in a blog post for my firm, and I was pleased with the reaction — it really hit a nerve. Women in our industry clearly want to talk about this. The consensus is that when different perspectives are voiced, smart ideas and decisions rise to the top.
As vice president, Maureen Ryan leads the business development functions at Kukuza Associates, a finance and accounting firm dedicated to the needs of cannabis companies. She spearheaded Kukuza’s parent company’s (RoseRyan) 2014 entrance into the cannabis marketplace and developed Kukuza’s finance solution to address the common pain points across cannabis companies. Check out the Kukuza Rapid Diagnostic to find out if you have the right finance pieces in place to scale your business.
NCIA Board of Directors Results Are In
The results of NCIA’s 2020-2022 Board of Directors nominations process are in!
Earlier this year, we announced a new application process for our annual Board of Directors nominations. We are appreciative to have received so many very thoughtful and impressive applications from over 50 NCIA members seeking to fill eight available seats.
Candidates not chosen during the selection process may now seek an independent nomination to go before a vote of the NCIA membership. Independent candidates must get the signatures (electronic) of 3% of the membership in order to qualify for the ballot.
If no qualified independent candidates are received by December 20, the slate of nominees recommended by the Board of Directors shall be declared members of the Board of Directors and shall commence their term in January 2020.
If one or more qualified independent candidates qualify, all candidates will be presented to the membership for an election in late December.
For information on the process or instructions on seeking an independent nomination, contact NCIA’s Hilary Srole at Hilary@TheCannabisIndustry.org by Friday, November 22.
Stay tuned!
Video: NCIA’s 2019 Year In Review & Announcing 2020 Dates
2019 was quite a year! We’d like to take a moment to thank all of our attendees and the sponsors who made our events possible.
Were you one of the 15,000 attendees at our 15 Industry Socials, 15 Cannabis Caucuses, and 3 Conferences & Trade Shows this year across 20 states and 27 cities?
Watch this video recap of 2019 with NCIA’s Director of Events, Brooke Gilbert, and Events Manager, Brian Gilbert.
The rapid growth and ever-evolving nature of the cannabis industry has resulted in wild and hyperinflated business valuations, making it extremely difficult for companies to zero in on a fair valuation as they seek to acquire or be acquired in the up-and-coming field.
What can cannabis companies do to counter overinflated valuations as they pursue an exit or acquisition strategy? The best approach is to better understand what investors are looking for when they evaluate a company for a potential merger and acquisition deal.
Many Ways to Determine Value
Pinpointing the value of a business is not an exact science. Investors rely on a variety of methods and evaluation techniques to help them land on a fair valuation. Let’s break down some of the most common methods.
Discounted Cash Flow: A Discounted Cash Flow (DCF) analysis attempts to determine a company’s value today based on projections of how much money it will generate in the future.
Market Transaction: This method estimates a company’s value by comparing the business to similar companies in the marketplace. This approach works really well with publicly traded companies.
Adjusted Net Asset Method: A company’s value is determined by analyzing the net value of its assets minus any liabilities.
Revenue Multiplier/EBITDA: A company’s value is determined by dividing its revenue multiplier ratio by its earnings before interest, taxes, depreciation, and amortization (EBITDA).
Unique Cannabis Challenges
Because of the unique nature of the cannabis field, each of the above-mentioned valuation methods come with their own challenges when applied in the industry.
Discounted Cash Flow: Because cannabis businesses’ operating costs are so high and their margins are so slim, a DCF analysis will likely produce a more modest valuation than some of the eye-popping ones seen throughout the industry in recent years. But that doesn’t mean it’s unfair or wrong. DCF analyses take into account the current realities of U.S. tax code and the impact it has on costs and earnings.
Market Transaction: A market method should not be used by cannabis companies in pinning down a valuation because cannabis companies that have gone public — most notably in Canada — have not been able to sustain their sky-high IPO values, which raises concerns that they were overvalued. Also, public cannabis companies north of the border have seen their values plummet in recent months because big promises of heady market growth don’t seem to be coming to fruition.
Adjusted Net Asset Method: While this method can be beneficial for certain cannabis businesses with a lot of assets (cultivators, for instance) one potential downside is it assumes the value of the company is simply the value of its assets and does not take into account any potential for future earnings.
Revenue Multiplier/EBITDA: This is currently the most widely used valuation method in the cannabis industry and is likely going to be used in tandem with another valuation method. That’s because EBITDA eliminates the impact of tax restrictions under IRS tax code 280E. It allows investors to look at a company’s hypothetical profitability for when those tax issues are eventually resolved. Most professionals in the cannabis industry agree those tax and legal issues will be eliminated in the next five to eight years. The risk or challenge with this method, then, lies in if that timeline ends up being longer than expected.
Other Valuation Considerations
Evaluating a company’s valuation is a multifaceted approach. Investors often rely on a hybrid approach, using more than one of the standard valuation methods. But they also take into consideration other metrics that have little to do with the bottom line. Some of those include:
Management Team: Who’s on your board? Who are your top executives? Investors take a look at management before any other metric. Because of the industry’s legal haziness, investors want to see legitimate industry expertise on boards and management teams.
Brand Loyalty: Brand loyalty is big in cannabis. If buyers find a strain they really enjoy, they are more likely to try other strains from the same brand when the preferred product is out of stock. Investors will look at how companies measure brand penetration as part of their due diligence.
State of Financials: How quickly are you able to produce them? Is your accounting managed through a cloud-based system? Are your company’s financials messy? Unbalanced? Clear and organized financials are important, as is responding to investor requests in a timely manner. Otherwise, an investor will get the impression that you are disorganized and don’t truly understand your business — which can have a huge impact on any potential valuation.
Be Your Own Advocate
Whether a cannabis business operator is pursuing an acquisition or an exit, it’s important to understand the standard approaches investors take when evaluating such opportunities. Also, don’t be afraid to suggest a particular valuation method or approach to potential investors. Ultimately, nobody knows your business better than you — it’s vital to be your own best advocate.
Advocating for your business and having a better understanding of the valuation process will go a long way toward landing on a fair valuation for your business.
Melissa Diaz is a co-founder and CFO of Arizona-based Rebel Rock, which provides cannabis businesses across North America with specialty accounting solutions, income tax services (U.S. only), CFO and controller services, and business system implementation. She guides companies of all sizes through GAAP compliance, financial modeling, financial reporting and general financial accounting inquiries and functions.
In addition to leading Rebel Rock, Melissa co-founded Rebel HR, which provides cannabis companies with technology-based HR solutions. She is also a partner in High Rock, a likeminded accounting firm focused on cloud technology integration. Melissa has additional experience as a financial statement auditor with a large international accounting firm, providing audit services for domestic and international businesses. Further, Melissa has experience overseeing global revenue and receivables for a Fortune 500 company.
Melissa earned a bachelor’s degree in Accounting from University of Arizona and a master’s degree in Accounting from Arizona State University.
NCIA’s Safe Vaping Task Force Submits Testimony
Last week, the Center for Disease Control (CDC) identified a probable proximate cause of recent vaping injuries and deaths. Simultaneously, the United States Senate (HELP Committee) noticed a hearing for tomorrow (Wednesday) on the vaping crisis, where CDC officials will testify.
NCIA Policy Council’s Safe Vaping Task Force has submitted testimony for the record, which can be found here.
For weeks, NCIA’s Policy Council has been calling for de-scheduling and regulation at the federal level to displace the illegal, untested, unregulated illicit market. It’s time for Congress to act. We can no longer sit by and watch as people are sickened by unregulated, untested, and dangerous products from the illicit market.
As of now, ten states have legalized recreational cannabis. Twenty-one other states allow medicinal use of cannabis, many of which are expected to legalize recreational cannabis in the near future. Investment in cannabis-related businesses totaled almost $10 billion in 2018 and is expected to top $16 billion this year.
Patent Protection
A patent, and the exclusivity it provides its owners can play a key role in assuring success for cannabis-focused businesses. However, protection and enforcement of cannabis-related patents faces unique challenges, since, despite its recent and spreading success at the state level, cannabis is still illegal at the federal level, while most intellectual property protection, as well as enforcement, is federal. Nevertheless, cannabis-focused businesses can benefit from patent protection.
Patents protect inventions, which meet the required criteria of utility, novelty, and non-obviousness. The four main categories of patents, including Utility Patents, Design Patents, Plant Patents, and Business Method Patents, are available to protect cannabis-related inventions. Despite illegality under federal law, the USPTO has been issuing patents for cannabis-related inventions for decades; a trend, which has significantly accelerated with the spread of legalization at the state level.
Recent examples of issued cannabis utility patents include USPN 10,028,987, issued on July 24, 2018, entitled “cannabis-infused milk,” and USPN 10,206,888, issued February 19, 2019, entitled “A cannabis-based therapeutic product for the treatment of chronic pain produced by separating hash resin from plant material of the cannabis plant.”
Plant patents protect new varieties of plants. USPN PP27,475, issued on December 20, 2016, is entitled “cannabis plant named ‘Ecuadorian Sativa’.” According to its specification, “The new strain has energizing and motivating psychoactive effects.”
Design patents protect ornamental, aesthetic and non-functional aspects of useful products. Design patents can protect cannabis-related products such as smoking paraphernalia and containers. For example, USPN D844,892, issued on April 2, 2019, issued for a “cannabis container,” and USPN D798,739, issued on October 3, 2017, is directed to a “cannabis storing container with individual tear-off lids.”
With issued cannabis patents multiplying, enforcement efforts have followed suit. Because patent enforcement disputes are predominantly within the jurisdiction of federal courts and cannabis remains illegal at the federal level, there have been questions as to whether a patent suit can be maintained in Federal court. The answer appears to be affirmative. Following several patent infringement cases, which were filed but then voluntarily dismissed prior to substantive court action, Cannabis Corporation sued Pure Hemp Collective, Inc. in federal court in Colorado. That case is still pending and recently survived a motion for partial summary judgment filed by Defendant Pure Hemp Collective Inc., where the court found that the asserted claims were subject matter eligible for patent protection.
The trend in the issuance of cannabis patents by the USPTO and enforcement by federal courts presents a unique opportunity to entrepreneurs, businesses, and investors to participate in the growing market on the “ground floor.”
Dr. Dariush Adli, Ph.D., Esq., is the Founder and President of ADLI Law Group. Recognized as a premier strategist in patent, trademark, copyright, trade secret, and complex commercial disputes. Dr. Adli is widely sought after by businesses large and small, seeking effective strategies for protecting their valuable intellectual property assets. In that effort, Dr. Adli partners with businesses to identify their protectable intellectual property assets and to develop customized legal strategies, which are consistent with the businesses’ goals, resources, and risk tolerance.
ADLI Law Group is a multi-service law firm providing legal services in the areas of Intellectual Property (Patent, Trademark, Copyright and Trade Secret), Corporate and Commercial Transactions, Labor & Employment, Media and Entertainment, Real Estate, Construction, Products Liability, and Cannabis. Since its inception in 2010, ADLI Law’s mission and focus has been on providing quality client service and maximizing the value of its legal services to clients. We appreciate the trust and confidence our clients’ place in us, which has earned us a place on the highly coveted and competitive Los Angeles Business Journal’s list of the top 200 law firms in Los Angeles county.
Video Member Spotlight: AgriScience Laboratories
In this month’s video member spotlight, step into the cannabis and hemp testing labs of AgriScience Laboratories, based in Denver, Colorado. AgriScience Labs was created as a merger of two laboratories: CMT Laboratories and Terra Health Care Labs. CMT had been operating since 2011 and was known as a leader in science and customer service during that time. Terra Health Care Laboratories (THCL) was the first certified testing lab in the United States, and they were known for state of the art equipment, methods, and facilities. Learn more about the company’s testing methods and values from Frank Traylor, Founder & CEO, and Laboratory Director Claire Ohman.
Member Blog: Stop The Illicit Market With Profitability, Save Lives
By now, we’ve all seen the concerning vape cartridge illnesses and deaths across various states. While the exact cause is still being determined, our industry has an opportunity to step up our game. So the question we must ask ourselves is: how can the cannabis industry help to prevent potentially dangerous illicit market cannabis sales?
The everyday consumer is seduced by lower-cost alternatives and some turn to the grey market with an assumption of safety. “If the price is half as much, why not?” wonders the consumer. Unfortunately, tragic examples slapped us back to reality and we are now seeing all too clearly the downsides of the laissez-faire approach that feeds the grey market. Low cost is good, but people are dying. This is where our crisis is real.
Safety protocols, procedures, regulations, and oversight, applied to the old methods of production, lead to increased costs that are duplicated on the way through the channel. High taxes multiply that effect, serving as a barrier to the consumer. The illicit market circumvents the bureaucracy and offers a lower cost that meets consumer demand at an increased risk.
Lower Production Costs = Lower Costs For The Consumer
As the end of cannabis prohibition nears, we have to remember that long before we had added regulations and government overhead, proponents of legal cannabis emphasized the medicinal value of the plant, for treating everything from chronic pain to post-traumatic stress syndrome. What started as a simple plant that grew outdoors with free sun and water has evolved, with numerous controls added to regulate, generate tax revenue, and improve the odds that this new medicine is safe. As well-meaning as those precautions are, they have added significant cost to the wonder drug through legal channels. Our best hope for migrating consumers away from dangerous shortcut products is to get a handle on production cost and make it easier for cultivators to follow the rules and enjoy profitability.
It pains all of us when we see the recent spate of illnesses — even deaths — increasingly associated with vaping cannabis, despite the fact that the majority of health issues appear to stem from the illicit market. If we don’t fix this, the market will be severely impacted by either consumer avoidance or government fiat. I’m proud to see that NCIA is taking a lead role in communications around this critical issue and in the fight to deschedule cannabis and enacting federal regulations at a reasonable cost, protecting consumers from potentially dangerous illicit cannabis distribution.
Raise The Quality, Lower The Cost Of Production
Safety, of course, has been and always will be a key concern of the legal cannabis industry. But as our industry grows up and competitive pressures bear down, we can’t afford to shortcut our responsibilities. Running a grow operation is full of potentially harmful contaminants that can strike at any time. Producers need to choose ways to protect their investments with safe operational procedures and new technologies that guarantee both safe and superior products for our customers. At a lower cost!
Where there is a need and a business opportunity, innovation will rise to the challenge. The vape crisis points to an urgent need for low-cost yields and profits for legal cannabis producers. This can be achieved through a highly controlled aeroponic approach for consistent, pure, clean yields that exceed regulatory and medicinal requirements. Using advanced technology, the cost of production can be reduced to as low as $0.30/gram, and the result is legal cannabis that can enter the channel at much lower cost at levels where the illicit market can’t compete, and legal producers can profit.
Fully automated environments, nutrients, pH, air, lighting, humidity, temperature — are all monitored and adjusted through software-controlled electromechanical systems in a soil-free environment. With minimal labor required, contamination risks are low, natural contaminants won’t take root and heavy metals and pesticides can be excluded from the environment.
Indoor aeroponic grow systems represent a sea change for many longtime growers and modernizing the industry means new opportunities. New technology replaces labor-intensive efforts with cruise control automation in an efficient climate-controlled environment. Cutting corners proves to be costly while the rewards for doing it right are considerable: precision fast-turning superior yields — and a dramatic reduction in the potential for contaminants to wreak havoc and impact safety.
We all know that risk is part of any business, and that a key element of our jobs is to reduce risk and cost for our customers. Growing in a highly controlled indoor environment at lower cost to the consumer can dramatically mitigate your risks so you, and your customers, can breathe easier, and we can ensure cannabis remains safe.
Phil Gibson, Vice President of Marketing has 30 years of sales, marketing, and channel experience with 3 years at AEssenseGrows, and is known as the creator of the WEBENCH online design environment now owned by Texas Instruments. Previously, Phil held executive marketing positions at Infineon, TI, and National Semiconductor. With 8 patents in web technology, Phil is an expert in digital marketing and built his first web site in 1995. Phil holds an MBA from the University of Southern California and a BSEE from UC Davis.
Member Blog: Sustainable, Indoor-Grown Cannabis Starts with LEDs
Despite cannabis’s down-to-earth appeal, it hasn’t been as friendly to the earth as one might assume. But cannabis growers have always been resourceful, and with recent developments in technology and improved growing methods – including full-spectrum LED grow lights – the cannabis industry is becoming increasingly sustainable. The end results? A healthier environment, better products and a notable cost reduction. It’s a win-win-win.
Cannabis’s Carbon-Intensive Past
Between staggering electricity usage, a ballooning carbon footprint, a habitually gratuitous use of pesticides and toxic runoff decimating local ecosystems, the cannabis industry hasn’t been the best steward of the environment. As more states pass adult-use and medical laws across the country, this seemingly blameless plant has come under scrutiny from environmentalists, consumers and policy-makers alike.
Evan Mills, Ph.D., is regarded as one of the leading minds in cannabis industry sustainability issues. A California-based energy and climate change scientist, he authored a landmark and frequently cited report in 2012, “The carbon footprint of indoor Cannabis production,” highlighting the cannabis industry’s not-so-green track record. The report devotes a few hefty paragraphs to indoor lighting needs at cultivation sites. Primary takeaways include:
Indoor cannabis production requires lighting levels 500-times greater than that recommended for reading.
Cultivation sites power densities are measured at 200 W/m2, on par with modern datacenters.
Grow facilities nationwide consume the same amount of electricity as two million average American homes.
A single cannabis cigarette, according to Mills’ calculations, is equivalent to 3 pounds of carbon dioxide emissions.
The data is clear: without adjusting equipment and techniques, the cannabis industry was on track to becoming one of the largest carbon emitters in the world. And amidst growing calls for improved business transparency and environmentally conscious methods (that have only gotten louder in recent years), cannabis businesses were desperate for solutions that matched performance with sustainability.
The LEDs of Today
Many outdated lighting technologies like HPS and fluorescents consume exorbitant amounts of energy for sub-par output, run hot (and therefore place additional pressure on environmental controls like HVAC and AC) and tend to burn out quickly. These technologies can leave many growers wondering if it’s worth the trouble – and encourage them to make the switch to LEDs.
While LEDs have certainly been around for a while, they’ve gained traction among cannabis growers more recently. At one time, large installations of LEDs needed at commercial grow operations were highly cost prohibitive, only allowing the biggest enterprises to reap the benefits. But, over time, LEDs have become increasingly affordable and accessible to smaller businesses, start-ups and hobbyists. Moreover, the technology has improved drastically.
Today’s cutting-edge LED grow lights come with built-in features leading to better performance paired with lower costs and emissions for the modern grower.
Unparalleled Efficacy and Efficiency LED grow lights today are able to deliver unmatched uniformity, ensuring every plant in your canopy receives adequate photosynthetically active radiation. They also use less energy while delivering plenty of brightness – meaning you’ll cut electricity costs and emissions without seeing a dip in performance.
Full-Spectrum Light and Spectral Tuning Wish you could bring the sun indoors? Invest in LEDs – they’re the closest thing to sunlight you can find because they deliver full-spectrum light. Your plants can benefit from the full range of spectrum as they would in their natural environment. Further, features like spectral tuning give cultivators ultimate control, allowing them to elicit certain biological responses, hasten flowering and shorten the growing cycle altogether.
Vertical Racking This capability, made available with some modern LEDs, can double or even triple your harvests without investing in additional square footage. Vertical racking allows growers to use their spaces in the most efficient way possible, resulting in verdant, multi-level gardens.
Automation Automating light cycles, watering and even nutrient distribution can cut down on labor-intensive tasks and human error that can result in additional, unnecessary energy usage. By pre-programming the necessary functions of your grow, growers are given peace-of-mind and can focus on other important tasks that require more of a human touch.
Low Heat Profile and On-Board Dimming A huge selling point for growers of all kinds, LEDs have a much lower heat profile than other lighting technologies. They present less of a risk for heat stress, reduce reliance on other environmental controls and can be placed much closer to the plant canopy (a plus when vertical racking!). On-board dimming is a helpful feature as well: growers can create an artificial sunrise and sunset to gently ease their plants into light-dark cycles and prevent spikes in both temperature and humidity.
Improved Durability LEDs are built to last, another selling point for environmentally conscious cultivators looking to cut down on waste. If you’re in the market for some new efficient grow lights, look for LEDs that are built with industrial-grade materials and come with the IP66 or IP65 waterproofing certification.
Looking Toward a Bright, Green Future
Cannabis has become a regular facet of countless American lives. It helps people relax and de-stress, mitigate crippling pain and calm seizures. In 2018, the Pew Research Center reported that 62% of Americans are in favor of legalizing cannabis. The once-villainized plant, long at the center of fear-mongering campaigns like reefer madness and gateway drugs, is now widely enjoyed by everyone from politicians to grandparents to entrepreneurs to professional athletes. It’s not going anywhere any time soon.
That means that cannabis industry professionals have a responsibility to produce cannabis with sustainable methods – and LEDs are a great place to start. Not only do LEDs help shrink your business’s carbon footprint, they can also save you money in the long run and boost profits. There are countless growers today who prefer using LEDs, and it’s pretty easy to understand why.
Andrew Myers is President and CEO of ProGrowTech, which helps commercial horticulture operations increase profitability, yield and energy efficiency with industry-leading LED lighting systems. For more information, visit progrowtech.com.
Member Blog: There’s No Place Like CBD For The Holidays
While April 20th, or “420” is the “high” holiday of cannabis, did you know there are a variety of lesser-known CBD-related holidays throughout the year that can be great grist for the promotional mill? To achieve notoriety and engagement, CBD purveyors may want to include lesser-known celebrations into their annual marketing calendar.
For example, there’s National CBD Month in January, National Hemp Day February 4, National Hemp Month in July, Oils and Concentrates Day July 10 (sometimes referred to as 710 because OIL upside down resembles the number), National CBD Day August 8 and National Pet CBD Month in October.
And let’s not forget Jack Herer’s (The Hemperor’s) birthday celebrated June 18. According to Wikipedia, the devoted cannabis rights activist and author promoted cannabis and hemp for decades. His book, “The Emperor Wears No Clothes” has been in print for three-plus decades. Herer was “frequently cited in efforts to decriminalize and legalize cannabis… Herer also founded and served as the director of the organization Help End Marijuana Prohibition (HEMP).”
CBD purveyors wanting to get even more innovative can use their branding — including labels — to tie to lesser-known holiday promotions. Here are some ways to use labels as powerful promotional tools in conjunction with “holiday” celebrations:
Extend their reach for a whole year via extended content labels (ECLs). For CBD purveyors committing to promotions tied to a calendar of holidays, ECLs can be a fun and impactful way to present information, offers and calls to action.
Create a major promotion around one celebration (e.g., January’s National CBD Month), and use ECLs to explain/inform. This could be a contest with details, one or more discount offers, or even a history of the CBD “movement.”
Print specific labels for each holiday. For example, create fun and informative labels around “The Hemperor’s” birthday month in June. A series of labels could detail various hemp-related accomplishments by Herer, even possibly going so far as to be small pieces of art depicting him and his life’s work.
Use them to link to digital media. There’s always a case to be made for labels containing QR codes, URLs and other links to more information. This can be especially appropriate for surveys, reviews and other interactive platforms where consumer feedback is desired. Any of these efforts can be themed around holiday celebrations (e.g., an upcoming anniversary of hemp or CBD adoption/legalization). In the CBD world particularly, companies need to understand how their consumers view them, assess the quality of products and express any concerns that may emerge.
Present labels as a quality control and consumer safety tool. At a time when buyers worry about the safety and authenticity of the products they consume, labels can help come to the rescue. And what better holiday than one which celebrates both the healthy effects of products and a concerted effort to protect those consuming them?
For example, new label technologies enable consumers to verify the authenticity of their products through a smartphone app that scans a small digital ID on the label. These track-and-trace digital IDs offer a powerful deterrent to counterfeiting, protecting consumers from harmful or ineffective fake products. In turn, CBD product manufacturers can demonstrate to customers that they are working actively to ensure their safety. That creates favorable word-of-mouth, goodwill and loyalty among buyers who will criticize or even pursue regulatory and legal remedies if they feel there’s a problem.
Gary Paulin is Director of Sales and Client Services for Lightning Labels, a Denver-based label printer that has been offering state-of-the-art affordable, full-color custom labels and custom stickers of all shapes and sizes to cannabis purveyors for more than a decade. They offer many options for materials and laminates and special effects to achieve digital short-run requirements (50 minimum) on up to 15 million labels, plus Lightning fast delivery. For more information and to place orders online, visit LightningLabels.com. For the latest in packaging news and labeling promotional offers, find Lightning Labels on, Facebook, Instagram, Twitter (@LightningLabels), Pinterest, and LinkedIn.
Webinar Recording: The Veterinary Cannabis Industry – What to Know And What’s For Show
In case you missed the live webinar this week, watch this recording to learn more about the medical applications in veterinary medicine. NCIA has proudly partnered with one of the leading figures in the veterinary cannabis space, Dr. Zac Pilossoph, a nationally recognized veterinarian to shed light on the veterinary cannabis industry. He provides a general overview of where the veterinary cannabis industry currently stands, briefly touching on endocannabinoid system comparative anatomy, proposed clinical applications, and current rules and regulations.
Committee Blog: Vaping-Related Illness – Applying Lessons Learned From The E-cig Market
by Ramon Alarcon, Wellness Insight Technologies, Inc. NCIA’s Cannabis Manufacturing Committee
THE ISSUE
In recent weeks, a growing number of respiratory illness cases associated with nicotine or cannabis vaporizer cartridges have been reported, leading to increasing concern among cannabis cartridge consumers, regulators, and medical experts. The vast majority of these reports are linked to cartridges that were produced and obtained in the illicit and unregulated market, or that were adulterated by consumers. The small number of cases that have so far been associated with legal cannabis products have not shown definitive links to those specific products.
Furthermore, similar cases of respiratory illness have not been reported in Europe, where the regulations governing vapor products are different. Even if, as we suspect, it is confirmed that the source of the current problem is limited to illicit-market products, there are valuable lessons to be learned to ensure the future safety of licensed vapor products and preserve our ability to promote vapor products as a viable and beneficial method of consuming cannabis.
Although cannabis vaporizers and nicotine e-cigs are not the same, there are important commonalities that we can learn from given that the nicotine e-cig market has been around for over a decade. First, it is essential to acknowledge the differences. Although some people view all vaping through the same lens, vaping cannabis and nicotine are as different as drinking alcohol and coffee. The formulations are vastly different in their chemical compositions, and usage patterns of cannabis consumption are far less intensive than those of nicotine e-cigs, which tend to be used many times throughout the day. Notwithstanding those differences, the principles of operation are the same; a heating element is generally used to aerosolize a stored liquid without combustion.
THE RISK
Moreover, in both cannabis and nicotine cartridges, the target active ingredient is typically combined in formulation with other organic compounds. These include glycerol (VG) and propylene glycol (PG) that are more commonly used in nicotine-containing cartridges and dictate the viscosity of the liquid. And flavorants, typically terpenes in the case of cannabis, are included in the formulation to provide particular taste and aroma characteristics.
Nicotine e-cigs have had numerous public health concern moments, some real and some manufactured, but one particular issue is especially illustrative to cannabis manufacturers. In the early days of e-cigs, some smaller e-cig manufacturers added diacetyl to their formulations in order to create flavored e-liquids with buttery notes. Those manufacturers assumed diacetyl to be safe because it is classified as GRAS (Generally Recognized As Safe) by the FDA (we eat it on our popcorn for goodness sake). Nevertheless, that GRAS classification was provided for ingestion, not inhalation. In fact, diacetyl had already been discovered to cause bronchiolitis obliterans, also known as “popcorn lung,” in popcorn factory workers in the early 2000s. And although no one was reported to have been hospitalized or died, the discovery of diacetyl in nicotine vapor products cast a cloud over the entire e-cig industry, even for those companies who employed scientists, practiced good product stewardship and developed internal lists of ingredients that led them to only include ingredients that had low inhalation toxicity risk profiles. This example illustrates that it is in our interest to ensure that all cannabis vapor product manufacturers understand that compounds that are characterized as GRAS are not necessarily safe for inhalation purposes and that an additional level of risk analysis must be performed.
THE SOLUTION
We must ensure vapor product safety because the potential of cannabis vapor products to deliver the necessary medicine to patients without the harmful byproducts of combustion must not be undermined by industry missteps or the loss of public trust. Again, using nicotine e-cigs as an example, we know that vaporization can eliminate the byproducts of the combustion of plant materials. In one study, approximately 1,000 times less harmful chemicals like carbon monoxide, formaldehyde, and acetaldehyde were measured in e-cig vapor when compared to combusted cigarette smoke¹. Designed with the proper materials, protocols, and formulations, nicotine vapor products can have a very low-risk profile relative to combusted cigarettes. In fact, one nicotine vapor product has been evaluated as low risk enough to have been approved by the MHRA (UK equivalent of the FDA), thus adding to the evidence that, generally speaking, vaporization can be considered safer than combustion. Of course, confirmatory studies need to be done with cannabis but combined with the ability of vapor products to deliver fast-acting, precise doses of formulations that can be tailored to an individual’s needs, the importance of vaporized cannabis as a low-risk method of consumption is real.
With this in mind, we, as an industry, must develop standards and best practices. Doing so will build consumer trust while also providing guardrails that still allow for innovation. Other industries have done precisely this, including the fragrance and food additive industries. Moreover, if we do not develop our standards and only react to state regulations, which can tend to lag, we run a higher risk of similar problems in the future. A few simple principles can be applied to this problem.
Test what goes into your body. In the case of vapor products, that is the vapor. In other words, we should test the aerosol, not just the liquid that goes into the cartridge. Labs in the e-cig industry already do this type of testing, and the methods can easily be adapted to cannabis products.
We should develop a list of analytes that have low inhalation toxicity risk profiles.
Stick close to what nature gave us. People have been smoking cannabis for thousands of years, and we have not seen similar health problems. As a matter of fact, we can say that the risk profile for cannabinoids and terpenes in the amounts typically consumed via smoking cannabis is low². However, we do know that some compounds that naturally occur in cannabis can pose a safety risk at high enough concentrations. So until we have more data on inhalation toxicity for all terpenes and minor cannabinoids, we should practice caution when creating novel formulations. In other words, try to remain close to the amounts found natively in the plant in order to preserve the same risk profile.
Whether or not required by state regulations, be transparent, and list all ingredients. This will not only help consumers better understand what ingredients are safe — it will help capture their long term trust.
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1 – Rana Tayyarah, Gerald A. Long, Comparison of select analytes in aerosol from e-cigarettes with smoke from conventional cigarettes and with ambient air, Regulatory Toxicology and Pharmacology (July 31, 2014)
2 – Pletcher, et al., Association Between Marijuana Exposure and Pulmonary Function over 20 Years, 307 JAMA 173 (Jan. 2012).
What The Cannabis Industry – And Congress – Can Do To Help The Vaping Illness Outbreak
by Morgan Fox, NCIA Director of Media Relations
In recent weeks, the reports of mysterious respiratory illnesses tied largely to unregulated cannabis vaping products, as well as some other products including nicotine vapes, have turned from a trickle into a steady flow. The most recent count is at over 1000 cases, including more than a dozen deaths. One of the most troubling aspects of this outbreak is that it is still unknown what exactly is causing these illnesses. Early research seems to be pointing to additives or thickening agents as the most likely culprit, but other causes are being explored such as the presence of pesticides and fungicides that create dangerous byproducts, faulty delivery devices, problematic consumption patterns, and pre-existing medical conditions.
One thread seems to tie all these cases together: almost all of them involved untested products that were produced and purchased on the illicit market.
At its roots, however, is the same thing that has caused most of the other problems associated with cannabis: prohibition.
Outdated federal policies are responsible for the existence of the underground market for this popular substance in the first place. Their dominance over this medically beneficial plant for nearly a century continues to block research, discourages states from regulating cannabis and making it legal for adults, prevents the federal government from establishing uniform safety standards or providing guidance to states that are implementing sensible policies, and make it harder for legal businesses to displace illicit operators around the country. This is in addition to the suffering and harm caused by the criminal enforcement of these policies, which disproportionately impacts low-income communities and people of color.
Unfortunately, some governmental agencies are glossing over these facts. Last month, Massachusetts instituted a four-month ban on all vaping products, and on Friday the Food and Drug Administration issued a warning urging people to stop consuming any vape products containing THC, despite THC itself and legal products generally not being implicated in these cases. Other states and localities are considering total bans as well.
The cannabis industry is deeply troubled by this outbreak, but we are also concerned that reactionary responses to it at the state and federal levels could make the problem even worse. Preventing the sale altogether of regulated and quality-controlled cannabis products could easily drive more consumers to purchase potentially dangerous products from the illicit market. The lack of competition from legal, licensed producers and retailers could also embolden irresponsible underground operators to drastically increase production in order to meet demand, as well as cut corners even further and make their products even more unsafe. Such reactions are a common response to tragedies like this, but they often cause more harm than good in the long run.
Rather, states should be reviewing their regulations regarding testing and labeling and should be in close contact with federal and state medical authorities so that they can incorporate the latest information into their regulatory response. Producers should also be reexamining their methods and avoiding the use of any additives that have so far been linked to these cases.
At the federal level, the best way to help fix this issue, as well as prevent further outbreaks from happening at all, is to end prohibition.
On October 3rd, NCIA delivered a letter to every member of Congress signed by more nearly 800 business leaders, advocates, and policy experts, which urges them to immediately work to remove cannabis from the Controlled Substances Act and work to regulate the substance at the federal level. This letter references a paper produced by NCIA’s Policy Council released on October 1 that suggests a regulatory framework for various cannabis products through existing federal agencies, most notably the FDA and the Alcohol and Tobacco Tax and Trade Bureau (TTB).
The letter closes with: “It is clear that the American public wants quality-controlled cannabis products made available for adults and patients. The recent news is, unfortunately, yet another reminder that there is no time to waste. Our industry wants to provide the products voters demand with a tireless focus on improving consumer safety. While state regulators and licensed businesses appear to be doing an excellent job at keeping potentially dangerous products out of the legal market, federal descheduling and regulation will allow more research and help states continue to improve their regulatory activities and oversight, as well as provide universal standards for safety. We are ready to work collaboratively with federal lawmakers, the same way we have at the state level for over a decade. Please let us know how we can help move the ball forward on descheduling legislation. Lives are literally at stake.”
That pretty much says it all. It is up to members of the legal cannabis industry to continue to prioritize consumer safety and do everything in their power to make sure they are going above and beyond state regulatory requirements in this area. But it is ultimately up to Congress to end prohibition, regulate cannabis intelligently, and help us replace the illicit market to the greatest extent possible. With your support, we can continue to work with lawmakers every day to help make this a reality.
How Will The Federal Government Regulate Cannabis? We Have a Plan.
by Andrew Kline, NCIA’s Director of Public Policy
NCIA could not be more proud of the collective efforts of the cannabis industry in passing SAFE Banking legislation in the House. Last week was a truly historic moment for the industry. Now, on to the Senate!
While we always relish in victories, we can’t lose momentum, and we need to start thinking about what comes next. As luck (and a bit of hard work) would have it, NCIA has a plan. While NCIA has been fully supportive of incremental steps like SAFE Banking, we believe that the only long-term viable path forward for this industry is descheduling. It’s the only way to solve social equity, it’s the best way to fix 280E, it’s the way that we start looking at cannabis through a public health lens (instead of a criminal enforcement lens), it fixes issues around interstate commerce, and it’s the only way to end the unsustainable federalism clash.
In addition to de-scheduling, our plan calls for cannabis products, like other highly regulated consumables, to be regulated by the government agencies that currently regulate most food and drugs, primarily the Food and Drug Administration (FDA) and the Alcohol and Tobacco Tax and Trade Bureau (TTB) within the U.S. Department of the Treasury.
Under our plan, cannabis products would be divided into four categories, based on chemical components, safety, intended use, and consumption method. Each of these groups would be regulated through a separate regulatory “lane” tailored to the public policy issues raised by that particular classification. The four lanes are:
Lane #1 — Pharmaceutical drugs (e.g., Epidiolex; Marinol)
(Regulated Like Prescription/OTC Drugs; Lead Federal Regulator: FDA)
Lane #2 — Ingested, inhaled, or topically applied products with more than de minimis amounts of THC (+0.3%)
(Regulated Like Alcohol; Lead Federal Regulator: TTB)
Lane #3 — Ingested and inhaled products with de minimis amounts of THC (<0.3% THC) (e.g., CBD, CBN, and CBG)
(Regulated Like Food/Dietary Supplements; Lead Regulator: FDA)
Lane #4 — Topically applied products with de minimis amounts of THC (<0.3% THC) (e.g., CBD, CBN, and CBG topicals)
(Regulated Like Cosmetics; Lead Federal Regulator: FDA)
Photo By CannabisCamera.com
We firmly believe that our plan sets the stage for the weeks and months ahead. We hope that lawmakers will heed our call for de-scheduling and federal regulation. There is no other viable option for the burgeoning cannabis industry. As always, NCIA stands ready to provide technical assistance to lawmakers and to the Executive Branch as we forge ahead. There is no stopping us now.
If you’re interested in working on public policy issues like this one, please reach out to me to inquire about the Policy Council. We are the think tank for cannabis and we’re just getting started.
In this month’s video member spotlight, get to know Om of Medicine, a cannabis dispensary based in Ann Arbor, Michigan. Learn about their role in fostering a politically engaged and friendly community in their state of the art facility. Om of Medicine also collaborated with the University of Michigan conducting an IRB-approved pain study with hundreds of its patients which displayed a significant decrease in opioid use and an increase in quality of life.
VIDEO: June Policy Update With Aaron Smith, NCIA’s Executive Director
There’s been so much progress on cannabis industry issues so far this year. Hear more about the forward movement and victories we’ve seen in Congress on issues like the SAFE Banking Act, which has passed through the House of Representatives and is now in the Senate, and the House also voted to include protections for adult-use cannabis businesses in legal states through the Department of Justice budget vote process. Plus, Illinois becomes the 11th state to enact adult-use cannabis laws. NCIA’s Co-Founder and Executive Director Aaron Smith joins us to review this positive momentum.
Member Blog: My Journey Through The Intersection of the LGBTQ Community and Cannabis Movement
By Erich Pearson, SPARC
NCIA Board and Founding Member
Reflecting on the decades-long fight to end prohibition of marijuana, one person comes to mind this month as we look at the similar and interconnected decades-long Gay Pride movement and what it means for the LGBTQ community today. One activist largely credited for legalizing medical cannabis in California is the original “cannabis influencer” Dennis Peron. We have much to be grateful for as we remember his legacy advocating for AIDS patients in California to have access to medical cannabis.
As for my role in both of these these important causes, I arrived in San Francisco in 2000 after graduating college in Indiana. I was happy to find San Francisco to be not only accepting of me as a gay man, but also accepting of me as someone interested in the cannabis movement. In the 1990s, there were a handful of medical cannabis dispensaries operating, un-permitted and un-regulated. It wasn’t until 2006 that Americans For Safe Access (ASA), Drug Policy Alliance (DPA), and Marijuana Policy Project (MPP) along with a handful of local advocates led the charge to regulate dispensaries.
A few of the most vocal advocates were veterans from the political days of Dennis Peron. Dennis was not involved in the regulatory process of 2006. It was widely known that Dennis didn’t like regulations (he repeated this during the Prop 64 campaign years later). Dennis thought cannabis should be grown and sold freely, outside of an alcohol-type regulatory environment. He was right, but unrealistic – hence his waning interest in the politics of it.
Dennis did have a few friends who wanted to see cannabis regulated in San Francisco, and one was Wayne Justmann, a gay man that used to work the door at Dennis’ cannabis club at 1444 Market Street. Wayne is a friend of mine today, and we worked closely together to advocate for a dispensary program that respected the existing operators, despite their “inappropriate” locations in many cases. We ultimately won this battle, as San Francisco has a healthy respect for social pioneers.
San Francisco was also the first city to regulate on-site consumption. This was allowed in order to provide AIDS patients a safe place to medicate, outside of government housing. This has proven to be a successful program, with little public resistance even today as we permit more of these lounges, primarily designed for adult-use consumption.
I started a free compassion program in San Francisco in the early 2000’s at Maitri AIDS Hospice. We still deliver twice a month to patients there. This has been an incredibly successful program and a very rewarding experience for myself and the staff who carry it out.
Today, I don’t see a lot of synergies anymore between gay progress and cannabis progress despite its intertwined history, but we at SPARC honor that history with a t-shirt claiming victory: “Legalized Gay Pot.” Of course, the fight for fair treatment and equality for both cannabis and LGBTQ right is far from over, but in San Francisco, I’d say we’ve come a long way on both fronts. And as cannabis legalization sweep through other states across the country, we can see studies that show gay, lesbian and bisexual people being the highest level of consumers among other select demographics, showing that our communities continue to overlap.
In looking back on all of this history and progress, I am thankful for all of the advocates who put themselves forward to fight for cannabis AND LGBTQ rights – we wouldn’t be here without their hard work, dedication, and selflessness. I now look forward to a future where everyone, in every state, can access the cannabis plant and be treated with respect and fairness.
Photo By CannabisCamera.com
Erich Pearson is a recognized leader in the cannabis industry – a long-time advocate, legislative consultant, dispensary operator, cultivation expert, and NCIA board member.
A proponent of medical cannabis regulation, cultivation, and best practices since 2000, Erich served on the San Francisco District Attorney’s Medical Marijuana Advisory Group and consults on state and local medical cannabis policy and legislation.
Erich was instrumental in the passage of both San Francisco’s Medical Cannabis Dispensary Act and the law enforcement “lowest priority” resolution of the San Francisco Board of Supervisors. As a result of Erich’s work he was appointed in 2007 by Supervisor David Campos to sit on San Francisco’s Medical Cannabis Working Group.
In 2010 Erich launched SPARC, a nonprofit medical cannabis dispensary providing safe, consistent and affordable medical cannabis to patients in San Francisco. SPARC provides high quality, lab-tested cannabis to qualified patients, and collaborates with local hospices, residential care facilities, and dispensaries to successfully supply medical marijuana at no cost to seriously ill patients.
How does SPARC do it? By growing cannabis more efficiently. Erich’s expertise is constructing and managing large indoor cultivation facilities. With a robust Research & Development team, Erich is meticulously focused on developing the optimal environmental recipe for high-yield cultivations using unique systems of lighting, ventilation and design.
SPARC is a Founding & Supporting Member of NCIA. Erich holds a BS in Construction and Project Management from Purdue University.
VIDEO: The Benefits of Legalizing Cannabis
In this third installment of NCIA’s animated educational video series, we explore the benefits of legalizing cannabis nationwide and beyond. Learn how ending federal prohibition can improve public safety and add economic opportunities to our communities, and how you can help.
Committee Blog: Transacting in Equity – The Basics
by Charlie Christopher, VP, Finance, Cirrata NCIA’s Finance and Insurance Committee
“A prudent man must seek to satisfy himself about the means to an end. This demands that he must revisit, again and again, the very elemental principles of his craft independent of how others think and act.” – Tony Deden
In businesses of all sizes it is common to transact in a number of currencies other than cash. The focus of this piece is on transactions involving common equity, the most fundamental unit of business ownership. The first section establishes a framework for how to view equity as currency, and what differentiates equity from other mediums of exchange such as cash. The second section introduces the process for creating reasonable projections based on sound logic. The third section demonstrates a somewhat novel application of concepts, and provides an example of the flexibility that can be introduced into the process. The conclusion is a reminder that these concepts can easily be misused, and that nothing should replace common sense when dealing with extreme uncertainty.
The Problem
Valuing any business is hard. Valuing a start-up is even harder still, not because of process, but because of the ambiguity associated with the output. When a valuation is based on multiple layers of high variance variables then the resulting distribution of value is rightfully broad. This poses a major challenge for operators and investors trying to agree on fair terms, and it can lead to irreparable damage to a young company.
Imagine for a second that you, and everyone else, have a crystal ball that can see the future with just enough variance to keep things interesting. How would that change the way you think about your equity? Would you be offering the same equity deals to your entire team? Would you be flexible with investors interested in your business? Of course not, you would look into the future every morning, update your projections and you would transact in equity in a similar manner to how you would with cash. Even though we do not have a crystal ball in the real world, it stands that to transact in equity with absolutely no opinion of value is the equivalent to being indifferent between paying $.10 or $100,000 for the same product or service.
Equity is a form of currency. It has value. However, its value has a built-in variance that rewards beating expectations, and punishes missing expectations. This is why equity awards are typically used to incentivize contributions that can increase the odds of achieving the former. The act of issuing the reward, in theory, immediately increases the value of the firm through the alignment of incentives. The common exaltation of the aforementioned qualitative attributes of the incentive over the quantitative attributes is also why the standard practice of ignoring a non-cash expense like share-based compensation is so indefensible. The value creation may be real, but to deny that a currency has transacted to create that value is to double count the benefit to shareholders.
The Process
Valuing a business begins from the top down and ends from the bottom up. Top down refers to projections based on the broader market while bottom up refers to firm specific capabilities extrapolated into the broader market. A common mistake operators make is to build up based on capabilities with no regard for how the aggregate ecosystem will react to the sum of all fundamental behaviors in the ecosystem. Starting from the top-down with a defensible position regarding both the size of the addressable market and the number of competitors participating in the market provides parameters for the business’s potential revenue.
Arguing for market share using a top-down analysis is fundamentally flawed if it does not reflect the true capacity of the business. A bottom-up analysis reflecting firm-specific capabilities should be compared to the top-down analysis for reasonableness. Ultimately, bottom-up analysis drives operating assumptions, and operating assumptions are the inputs to nearly every valuation technique.
I subscribe to the theory that posits that the variance in all of the assumptions can be quantified using an appropriate discount rate. In other words, if I’m uncertain and find my forecasted outcome to be highly unreliable I may choose to use a much higher discount rate to calculate the present value of the business than for a business with lower variance assumptions. When valuing a start-up company, I consider the corresponding ultra-high discount rate to cloud too much insight. For start-ups I first calculate a probability of firm failure in each of the forecast years and multiply my operating assumptions by the cumulative probability of success, I then use a more reasonable discount rate as if the firm was not highly speculative. This allows start-ups in the seed stage to more easily defend increases in value before launch. For example, the filling of a major executive leadership position justifies a small reduction in the probability of failure. Thus, your first executive hire has a reason to have received a higher percentage equity award than your last hire, even though the dollar value of the award might be equal. The process facilitates fair negotiations among all shareholders who may commit under vastly different circumstances and with different information. All too often this doesn’t take place, and the animosity that can develop as a result is as real as it is avoidable.
Valuation is admittedly more art than science. Many astute readers will point out that markets don’t operate in the orderly, fundamental matter I’ve proposed. Those critics are absolutely correct. It is a fair caution that not only are the trappings of certainty intoxicating, but sometimes simply observing how others are transacting is sufficient to make decisions. The market is often wrong, but it’s also often right. Remember to update your assumptions as new information becomes available.
Charlie is a Co-Founder of Cirrata where he lends his extensive knowledge from being both an entrepreneur as well as a securities analyst. As VP of Finance, Charlie combines his skills to assist clients through the application process, ongoing operations, and exit strategies.
Prior to joining Cirrata, Charlie co-founded a luxury women’s ready-to-wear label where he oversaw two separate rounds of funding as CFO. He has consulted numerous clients in the cannabis, construction, music, financial services and software industries in which his primary focus was on information systems, optimization, cash forecasting, securities offerings, licensing and capital allocation.
Member Blog: What Every Cannabis Company Needs to Know About Their Finance Function
The finance function is an essential piece of a cannabis company’s ability to succeed. All too often overlooked by younger companies, it’s what’s needed to get a business through the survival stage and can really hold a company back if it’s not set up correctly. It gets leaders to spend wisely—and conserve cash when necessary. And it also helps companies scale for growth while being competitive in an increasingly crowded field.
Every finance function looks different, depending on where the company is in its business lifecycle. As they start out, companies may not yet have a full-time CFO and may rely on an outsourced team to access high-level expertise. As the company grows, so does the finance function itself and the areas it needs to cover and manage.
Everything gets more complicated with growth—from managing cash flow, meeting compliance demands, and navigating growth while planning for the future. To get through the ups and downs, cannabis companies should have access to the right mix of expertise, specialized skills, strategic insights, and wisdom of what fast-moving companies like theirs need in a dynamic marketplace.
I recently covered this topic on our firm’s blog, to help rising cannabis companies think through the essentials for developing a solid finance function. These include evaluating the expertise you have in-house, setting up the company for a potential acquisition (even it doesn’t seem likely right now, anything is possible!), and creating an ecosystem of trusted partners.
When things are moving fast, there’s a pressing need to prepare for opportunities and to be ready to switch gears if necessary. A fine-tuned finance function makes it all possible.
Maureen Ryan, vice president, heads up business development at finance and accounting consulting firmRoseRyanand was just featured in this month’s NCIA member spotlight. An NCIA member since 2016, RoseRyan is celebrating its 25th anniversary of great finance for companies of all sizes and kinds. Maureen can be reached at mryan@roseryan.com.
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.
Granting credit has not yet become standard in the cannabis market, but as discussed in my article “Trade Credit in Cannabis,” published in the May issue of mg, I believe it will be in the future. Therefore, it is important that a company create a credit policy to define how it will manage its credit and collection processes and evaluate credit risk. Once that is accomplished, the next, and most important, step is to develop a credit application.
Why do you need a credit application?
A credit application provides basic information about a customer’s business and offers measures of protection that will increase the ultimate collectability of an account if the customer doesn’t pay. Companies in the cannabis market may aid their collection efforts by requiring all customers, even those that are on cash terms, fill out a credit application. I cannot emphasize enough how many times my firm, AG Adjustments (AGA), has been successful in recovering a client’s past-due monies because the clients took a proactive approach and obtained a well-drawn-up credit application.
The credit application is one of the primary tools available for protecting a company and controlling credit risk when extending trade credit to customers. Remember, taking a check from a customer is a form of credit. Even customers who are paying cash on delivery should fill out a credit application.
What is a credit application?
A credit application is a contract between seller and buyer. A good credit application will benefit the seller; a bad one, the buyer. Therefore, it is important to be certain the credit application, whether electronic or on paper, contains all the safeguards and guarantees available to reduce risk.
Securing a credit application does not guarantee payment, but it is one of the more significant documents to assist in making good credit decisions and ultimately collecting past-due accounts receivable and associated collection fees. The adage “the sale is not complete until the money is in the bank” is as true today as ever. A good credit application will assist in getting money into the bank.
What do companies selling into the cannabis market need to know to control credit risk?
A credit application is the first step in gathering information about potential customers. Even if customers pay in cash, the day will come when that system changes, and getting information about accounts at the start of business relationship is key. The more you know about its debtors, the better. In addition, collecting credit information will make it easier to determine exactly how much credit to extend a customer.
Never assume all information on the application is correct. Verify the information provided before granting credit. The sales department must make sure every customer fills out and signs a credit application prior to delivery of any goods or services, even if the customer is paying C.O.D.
A credit application serves two purposes: It is a data-gathering tool and a contract. As a contract, it specifies the rights and obligations of both the customer and the creditor. The application should be written in a way that provides the creditor an advantage if business relationship with the client falters. As the saying goes, “Credit is not a right but a privilege.”
Verifying the credit application
The first thing to do once an application is obtain a commercial credit report from a leading credit bureau such as Dun & Bradstreet or Experian. Many prospective customers may not have a lengthy credit history, but that will change as the cannabis industry moves forward. Contact at least three trade-credit references, as well as the applicant’s bank, to verify the existence of accounts. Be sure all references are legitimate, or at least exist if one or more are difficult to contact. Any false information on the credit application is a strong indicator the potential customer may not be reliable. If the buyer is looking for a substantial credit line, review their financials, especially a statement of cash flow. If the applicant is operating in a negative cash position, ensure they will have enough cash available to pay their debt. Limit their credit line or, at the very least, modify payment terms if it seems an applicant may have a cash flow problem.
After credit is extended
Periodic credit reviews are a necessity. Account defaults arise with existing long-term customers as well as new ones. Customer credit limits should be reviewed periodically—at minimum, once a year. Obtaining current credit bureau reports about the largest customers annually is a good idea. Stay on top of aging accounts receivable. If a customer is always sixty to ninety days past-due on part of their balance, they are only one period away from becoming a problem.
When trade credit becomes the norm in the cannabis industry, asking a new customer to fill out a credit application will become standard practice. Currently, this is not the case in the cannabis industry; nevertheless, AGA recommends companies operating in the market implement sound credit policies and processes now in order to prepare for the near future.
Sam Fensterstock is the SVP of Business Development at AG Adjustments, a leading provider of 3rd party commercial collection services and a member of the NCIA’s Finance & Insurance Committee. Sam has spent his entire business career as an entrepreneur and senior executive in the commercial credit & collection space. He has been a founder and played a key role in the dynamic growth of several leading niche commercial credit risk management companies and is considered an expert in the order to cash and credit and collection process. Prior to joining AG Adjustments, Sam was the Director of Business Development at PredictiveMetrics, a statistical based credit and collection scoring and modeling company that he helped grow and sell to SunGard (FIS) in 2011. Sam can be reached at samf@agaltd.com or 631-719-8096.
Photo Credit: Cafe Credit via Flickr, under the Creative Commons License
VIDEO: Head to D.C. with us on the “Path to Marijuana Reform”
With NCIA’s 7th Annual Cannabis Industry Lobby Days less than a month away, Deputy Director Taylor West reports on some exciting news out of Washington, D.C., earlier this month. Several members of Congress introduced a package of legislation to support the growing cannabis industry, including a fix to the crippling taxation of 280E. Find out more about the “Path to Marijuana Reform” and get excited for your chance to speak directly with the lawmakers in the House and Senate about our industry’s future. Register for Lobby Days today and join us in D.C., May 16-17.
Member Spotlight: MindRite PDX
For the month of September, we’re highlighting NCIA members MindRite PDX, a marijuana dispensary located in northwest Portland, OR. Owners Shea and Jaime Conley manage a true “mom-and-pop shop” in the cannabis industry, with the intention of representing the industry respectfully and responsibly. Most notably, within the last year they agreed to allow TV host John Quinones from “What Would You Do?” to make their dispensary the center stage for an experiment into whether passers-by would illegally buy cannabis for actors pretending to be underage.
Cannabis Industry Sector: Cannabis Providers
NCIA Member Since:
January 2016
Tell us a bit about you and why you opened MindRite PDX?
Shea and Jaime Conley, MindRite Dispensary
My husband Shea and I are the co-founders and sole proprietors of MindRite Medical Marijuana Dispensary in Portland, OR. Each of us has had a passion for cannabis and its medicinal benefits for almost our entire lives. We have both received many benefits from cannabis over the years, from general stress reduction to complete medical relief of my grand mal seizures and his migraines. We both previously worked in retail and hospitality for many years and had success managing, growing, and creating a positive work environment for our employers, but often felt unsatisfied and unrewarded.
When we realized we could enter into the cannabis industry together, following our passion for the products and realizing a dream of helping our community through a new avenue of health and wellness, while fulfilling our entrepreneurial spirits, we jumped in head first. Now we are successfully living and working in our own neighborhood and are excited to be at the forefront of the Oregon craft cannabis industry.
How does MindRite PDX provide unique value to cannabis consumers?
MindRite has developed a reputation for having the best medicine selection in Portland (voted Best Medicine Selection, Dope Magazine 2016). First, we set out to source our craft cannabis from across the entire state of Oregon, getting product from a select variety of micro-climates and elevations that provide some of the best natural environments for quality cannabis in the United States. We pride ourselves on having unique, small-batch strains that aren’t easily found elsewhere and supporting the small grower who has been honing their skills and refining their products for years. We have established strong relationships with some of the best grows in Oregon and through these relationships we’ve managed to keep cost to a minimum, translating that savings to our patients and now customers. We have had the same pricing structure and the same flower prices since the day we opened, not including the mandated taxation. Essentially, we are able to provide the highest echelon of product at the most affordable prices for our guests.
Secondly, we have made our customer care equally as important as the quality of our products. Our amazing staff shares our passion for cannabis, our desire to educate our neighborhood, and our commitment to providing safe, professional access to all things cannabis. When we originally opened, the staff decided as a group to pool all gratuities from patients (and now guests) into a charity fund, donating all of this money to a local charity of our choice. MindRite loved the idea and has fully matched every donation, helping our city by giving back several times a year.
In this last year, your place of business was featured twice on the popular television show “What Would You Do?” with John Quinones. Can you tell us what that experience was like and any lessons you learned from participating?
“What Would You Do?” TV still photo
The show was doing a special Portland edition and looking for a dispensary that was willing to participate during October 2016, for the first month of recreational cannabis sales. After many conversations regarding the content and overall tone that our business, but more importantly the cannabis industry as a whole, would be portrayed in, we decided to move forward with the shoot. We made it clear that we wanted to present the true cannabis consumer, the professional environment that cannabis can be provided in, and the importance of the medicinal benefits of the cannabis plant as well. Only after the entire production crew became daily guests at our shop (while scouting and shooting other scenarios in town) did we feel comfortable moving forward with the show.
The show’s premise is to see what someone will do in an unusual situation, using hidden cameras and actors to portray these awkward moments with the general public. They set up hidden cameras throughout our corner and inside our waiting area, having several actors (who were of legal age) pretending to be underage and asking passers-by as well as customers to purchase cannabis for them. We realized the risks we were taking with our business and the industry but felt confident in our community’s integrity and respect for safe access to cannabis.
Overall we were very happy with the final outcome of the show and felt that the risk of negative portrayal was well worth breaking the stigmas that have been deeply ingrained for many years about cannabis across the country. The producers did not tell us that the actors would also be offering additional money to coerce people to make purchases for them; we would have absolutely said no, as that is baiting and doesn’t accurately reflect the social experiment they were trying to depict. Regardless, it will continue to take mainstream media’s influence and cooperation of cannabis industry leaders to change unnecessary stigmas and misconceptions of this amazing plant and the people that benefit from it everyday.
Why did you join NCIA? What’s the best part about being a member?
Jaime and Shea Conley with Congressman Earl Blumenauer (D-OR)
We were introduced to NCIA through a personal friend [NCIA’s Bethany Moore] who had been working with NCIA for a few years. While we were building out our shop for opening, she invited me to an NCIA member networking event in Portland. It was an eye-opening experience to be in a room full of cannabis providers and consumers who were the leaders in every facet of the cannabis industry.
Seeing such a diverse, well-organized, and professional group was inspiring and fueled our passion to move forward. I can describe it best by saying we had “found our tribe” in every way. That has been the biggest benefit to becoming a member of NCIA – networking and participating with the business professionals of this ground-breaking industry!
VOTING NOW OPEN: 2016 Board of Directors Election
NCIA’s annual board of directors election is now open for all members looking to help select the leadership of the cannabis industry’s only national trade association!
If you are a member of NCIA, we hope that you will take some time to consider the great candidates vying for a seat on the board and cast a vote between now and May 16, when the online election closes.
For NCIA members:
In order to cast a vote, you will need to log into NCIA’s secure member ballot using your member company login. Only ONE ballot can be submitted per member company.
If you do not remember your password or are having trouble logging in, please contact us at info@thecannabisindustry.org or (303) 223-4530.
Please be sure to download and review our complete Voter Guide (PDF) before casting your vote.
Not yet a member of NCIA? If you are not a member of NCIA but want to participate in the election, join today and we’ll provide you access to the online ballot. Your membership will also support the industry’s only unified and coordinated effort to reform federal marijuana laws as well as provide other member benefits enjoyed by the nearly 1,000 responsible cannabis businesses that make up NCIA’s network.
A few other important items about the board election:
Each member business can only vote once and votes cannot be changed once submitted online.
Members can vote for up to 11 of the 22 nominated candidates.
Votes are weighted according to membership status. If you are a member and would like to upgrade your membership to increase your influence in the board election, please contact us at (888) 683-5650 to process the upgrade before completing your online ballot.
There are eleven open board of directors seats and 22 nominated candidates (including ten current board members seeking reelection). Please refer to your voter guide for information on all the candidates and for more information on board election logistics before casting your vote online.
2016 Board Candidates:
Caela Bintner – Faces Human Capital Management
Brian Caldwell – Triple C Collective
Alex Cooley – Solstice
John Davis (incumbent) – Northwest Patient Resource Center
Troy Dayton (incumbent) – The ArcView Group
Etienne Fontan (incumbent) – Berkeley Patients Group
Steve Janjic – Amercanex
Neil Juneja – Gleam Law
Aaron Justis (incumbent) – Buds and Roses Collective
Brendan Kennedy – Privateer Holdings
Kris Krane (incumbent) – 4Front Ventures
Neal Levine – LivWell Enlightened Health
Jaime Lewis (incumbent) – Mountain Medicine
Randy Maslow – Ianthus Capital
Norris Monson – Cultivated Industries
Lance Ott (incumbent) – Guardian Data Systems
Erich Pearson (incumbent) – SPARC
Glenn Peterson – Canuvo
Tom Quigley – Gluu
Ean Seeb (incumbent) – Denver Relief Consulting
Bryan Sullivan – DANK
Scott Van Rixel (incumbent) – Bhang Corporation
Participation in NCIA’s board election is one of the most important ways to engage as a member of your trade association, as it ensures that your values are represented within NCIA’s leadership. NCIA’s elected board is responsible for approving the organization’s budget and strategic plan as well as contributing to the organization financially and through developing membership.
Thank you for your membership and commitment to working together to build the responsible, legitimate, and sustainable industry that we envisioned at the founding of NCIA.
2016: What’s Next?
by Michelle Rutter, Government Relations Coordinator
This year is arguably the most crucial yet for the burgeoning cannabis industry, especially as it relates to policy. Although NCIA primarily advocates for cannabis reform at the federal level, what happens in each individual state is vital to the stances Members of Congress take on our issues.
Members of Congress care deeply about issues that directly affect their specific state or district. It’s imperative that more states enact cannabis reform legislation so that more Members have a vested interest in protecting their constituents. While cannabis reform is sweeping the nation at an almost unprecedented rate, it takes time for politicians in Washington, D.C., to catch up with public opinion back home. If all of the federal lawmakers representing just the 15 states mentioned below were to vote positively on pro-cannabis legislation, it would add up to more than 180 Representatives and nearly 30 Senators.
Take a look below and see what’s coming up next in 2016. Remember that by becoming a member of NCIA, you are adding your voice to the coordinated and unified campaign at the federal level to allow cannabis businesses access to financial services, fix tax section 280E, and ultimately end federal cannabis prohibition.
The United States of Cannabis
Arizona activists remain ahead of schedule and have nearly gathered the 150,000 signatures needed to put the state’s Campaign to Regulate Marijuana Like Alcohol initiative on the November 2016 ballot. (The campaign ultimately aims to collect 230,000 in order to insure against signature drop-off.) It’s estimated that Arizona’s adult-use market could be worth up to $480 million.
With a multi-billion-dollar cannabis industry in California alone, passing an adult-use legalization initiative in the state is vital to ending federal prohibition. The most prominent full retail initiative gathering signatures for the November 2016 election is the Adult Use of Marijuana Act, which is backed by billionaire Sean Parker and the Marijuana Policy Project.
Legalize Maine and the Marijuana Policy Project have joined forces to legalize adult-use cannabis in 2016. Legalize Maine has already collected 80,000 signatures. Only 61,000 signatures are necessary to place the measure on a statewide ballot, but the organization’s goal is 95,000, to insure against drop-off. The deadline to submit signatures is February 1st.
Last August, a pair of cannabis advocacy groups separately filed paperwork to get adult-use legalization on the 2016 ballot in Massachusetts. The state recently confirmed that a measure to legalize recreational cannabis next year has enough valid signatures to force the legislature to consider the measure. If the legislature decides to pass, then the campaign will have to collect another 10,792 signatures to formally make the November ballot.
There’s no question that adult-use legalization will be on the ballot this year in Nevada. Initiative Petition 1, which would tax and regulate marijuana similarly to alcohol, has been certified for the 2016 ballot. Backers had previously collected nearly 200,000 signatures to either force legislators to enact their initiative or put it on the ballot. When state lawmakers abstained from voting on the issue, the measure was automatically forwarded to this year’s ballot for a popular vote.
In Florida, the group United for Care received clearance from the state Supreme Court for a 2016 ballot measure that would legalize medical marijuana. The group nearly succeeded in legalizing medical marijuana in 2014, garnering 58% of the vote but falling barely short of the state’s constitutionally mandated 60% margin needed to pass,
The nation’s capital continues to debate cannabis. In December’s federal budget bill, the taxation and regulation of marijuana in Washington, D.C., was blocked by Congress again, though possessing and gifting cannabis remains legal in the city.
This month, Hawaii will begin accepting applications for medical cannabis businesses. The bill signed into law last summer opens the door for up to 16 dispensaries on the islands.
It was recently announced that Illinois saw approximately $1.7 million in medical cannabis sales during November and December of 2015. There are already petitions being circulated in the state that would expand the law’s qualifying conditions.
Maryland will award cannabis cultivation, processing, and dispensary licenses this summer. Industry advocates were pleased with the amount of interest the state’s program garnered: more than 1,000 applications were submitted.
Officials in Michigan have approved language for three different adult-use cannabis legalization initiatives for the 2016 ballot. In order to have the best chance of passing, it’s important for these groups to coalesce behind one initiative.
At the end of 2015, New Hampshire began issuing medical marijuana cards to qualifying patients. It’s expected that the state will open medical dispensaries in 2016.
After a long and arduous journey, New York’s medical cannabis program became operational this month. The cannabis industry expects the program and the law’s qualifying conditions to expand this year.
In the first week of 2016, Oregon began accepting adult-use cannabis business license applications. The state has no limit on how many licenses they will decide to award.
Vermont may become the first state to legalize adult-use cannabis through the legislative process in 2016. The proposed bill would allow for up to 86 storefronts and five different business license types.
Bonus: Election 2016 – Yes, We Canna
As we all know, a new president will be elected this November, and with that a new administration will assume power next January. It is very crucial that Congress pass more pro-cannabis legislation before then.
It’s probable that Attorney General Loretta Lynch will be replaced in 2016 or early 2017. This is important because it is the Department of Justice that enforces and prosecutes federal marijuana laws.
Another possibility for 2016 is that the acting head of the Drug Enforcement Administration, Chuck Rosenberg, could be replaced as well. Rosenberg is notorious for his gaffe last year when he called marijuana “probably” less dangerous than heroin.
On New Year’s Eve, officials from the Substance Abuse and Mental Health Services Administration posted a notice on the Federal Register that calls for a report “presenting the state of the science on substance use, addiction and health” to be released in 2016. Industry advocates are hopeful that this report could be the first sign of re- or de-scheduling cannabis from the Controlled Substances Act.
During 2016, NCIA will continue working with D.C.-based public affairs firms Heather Podesta + Partners, and Jochum Shore & Trossevin PC to magnify our efforts to address the industry’s top federal priorities: access to basic banking services and fair federal taxation.
In addition to NCIA’s lobbying and advocacy efforts, NCIA exists to connect and educate our members on all facets of the cannabis industry. Our industry supports tens of thousands of jobs, tens of millions in tax revenue, and billions in economic activity in the United States.Our core mission is to ensure that our members are treated like businesses in any other American industry. Join NCIA today to get involved and be a part of the cannabis revolution!
Video Newsletter: The Fourth Corner Credit Union Ruling and What You Can Do
We’re back with NCIA’s first video newsletter of 2016!
Earlier this month, a federal judge dismissed a lawsuit filed against the Federal Reserve by the Fourth Corner Credit Union, which had planned to provide banking services to the cannabis industry, but was denied a master account by the Fed.
Watch this month’s video to find out how the ruling affects NCIA’s work to pass a banking solution in Congress and how you can help by pressuring Members of Congress to pass the Marijuana Business Access to Banking Act.
Want your voice heard in our nation’s capitol on issues affecting the cannabis industry? Join us for our 6th Annual NCIA Member Lobby Days in Washington, D.C., on May 12 & 13, 2016.
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Gary Paulin is Director of Sales and Client Services for Lightning Labels, a Denver-based label printer that has been offering state-of-the-art affordable, full-color 
by Morgan Fox, NCIA Director of Media Relations
A credit application is the first step in gathering information about potential customers. Even if customers pay in cash, the day will come when that system changes, and getting information about accounts at the start of business relationship is key. The more you know about its debtors, the better. In addition, collecting credit information will make it easier to determine exactly how much credit to extend a customer.
