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Member Blog: How a Better Understanding of Data Can Propel Cannabis Companies

by John Kievit, Dimensional Insight

Propelled by new legalization easing the regulations and laws surrounding its use and distribution, the nascent cannabis industry has experienced unparalleled growth. Expected to expand at a CAGR of 26.7% from 2021 to 2028, the market is loaded with potential for up and coming businesses. 

However, to realize this potential and maximize one’s ROI requires a thorough understanding of the industry and the flexibility to evolve with the market. Thankfully, the recent legalization of cannabis in many states has spurred a significant increase in available data for organizations to use in facilitating their decision-making. 

Understand key market trends

Lacking a mature market history due to cannabis just recently being legalized, businesses within the cannabis industry can’t reflect on previous purchasing trends in strategizing their approach to consumers. Whether or not a product experiences success largely depends on it being positioned in the right market segment. 

By leveraging transactional data based on a variety of factors (demographic, seasonality, delivery method, etc.), organizations can identify which products are selling and who they’re being sold to. The wide diversity of both available strains and consumer demographics means there is no one-size-fits-all solution to cannabis. 

Additionally, the cannabis industry’s young age and heavy investment in product innovation has produced a relatively volatile market. Businesses have to be able to quickly adapt to the always-evolving consumer trends if they’re to remain successful.

Utilizing data in their decision-making can also aid executive administrators in creating long-term business strategies and identifying realistic goals. 

Identify opportunities for improvement

Many organizations still guide their decision-making based on factors like gut feelings and prior experiences, which are prone to error and often fail to address the underlying causes in any given situation. Without access to the right metrics, it can be very difficult for both young and mature businesses to identify weak points in their enterprise.

Hidden in the data are countless opportunities for improvement from product design to customer processing. Organizations need a way to transform their data’s potential into meaningful insights if they’re to successfully scale their business.

Comprehensive data analytics systems are capable of employing automated business rules to generate useful metrics for determining what steps an organization needs to take to grow its enterprise. Many platforms come with a host of built-in KPI measures as well as self-service features that allows users to define their own business rules custom-tailored to their businesses’ needs. This means that organizations can apply analytics in a manner that best suits their own unique circumstances. 

Comply with regulatory policies

The complex legal status of cannabis has led to an extensive list of regulations and laws that must be abided if the industry is to experience any long-term sustainability. Even in regions where cannabis has been legalized, governing bodies still maintain strict requirements in terms of product quality and distribution. Many of these challenges are only complicated by the fact that the different regions a business operates in all have their own set of unique rules.

Because most of these requirements are monitored and enforced through data collection systems, businesses have to implement a reliable analytics platform that can track product data all the way from cultivation to retail. In addition to handling information governance on an organization’s behalf, enterprise data solutions also employ automated features to mitigate the penalties incurred from human error.

Furthermore, by reducing the employee labor costs associated with ensuring regulatory compliance, businesses can free up time and energy for staff to focus on other business functions. 

Optimize supply-chain operations

Supply chains, regardless of industry, have always depended on data to guide the transportation of products and ensure that inventories always reflect market demand. However, the short shelf-life and complex regulations of cannabis has made it even more critical that businesses turn to comprehensive analytics platforms. 

Due to the volatile nature of the cannabis industry, businesses need real-time data reporting that can allow them to adapt to the always-evolving market trends quickly and efficiently. Every level of the supply chain is prone to a variety of risks and potential obstacles that businesses must be able to respond to at a moment’s notice. The ability to address a minor setback before it turns into an emergency can have profound implications for both the short- and long-term success of a business.

Outside of responding to potential accidents, data analytics can also optimize the more general functions of the supply chain and increase a business’s ROI. By coordinating schedules, maxing cargo loads, organizing inventories, and addressing other potential areas of weakness, businesses are able to reduce wasted time and resources. 


John Kievit is Dimensional Insight’s Vice President of Goods and Services, Industry Strategy, and Business Development. In this role, Kievit helps Dimensional Insight understand customers’ needs and their use of its products. Kievit has nearly 40 years of experience in such a role, including working as an Administrative Vice President for sales and marketing. In addition, he has handled multi-million-dollar portfolios during his years in the goods and services industry, many of which involved using Dimensional Insight’s products, and spent many years in direct sales management.

Deciding how your organization implements data analytics depends entirely on the needs of your business and what your long-term goals look like. Solutions like Dimensional Insight’s CannaBI provide a comprehensive data governance package and manage your data at every step of the way, from integration to visualization. To learn more about how analytics can help your business grow, check out Dimensional Insight’s webpage on the cannabis industry.

 

Member Blog: When Sustainability Comes to Compensation in Cannabis

by Fred Whittlesey, Founder, President, and Principal Consultant of Cannabis Compensation ConsultantsTM
Member of NCIA’s Human Resources Committee

At the NCIA Cannabis Business Summit & Expo next week, there is an all-day workshop on the topic of sustainability. As a member of the NCIA Sustainability Committee, representing the NCIA Human Resources Committee, I have been actively involved in putting this together. While this session will not directly address my specialty, employee compensation, there will be discussion of how broad the idea of sustainability is, and how it permeates every element and every decision in a business.

Not a day goes by that I don’t receive in my inbox one or more blogs, articles, or studies on introducing ESG metrics into executive compensation incentive plans. It’s all the rage. Consulting firms that published opinions only two years ago that this was “not a prevalent practice” and “not consistent with the current corporate governance environment” have been proven wrong.                                                                                                                                        

I have been presenting on this topic, in the context of compensation, since 2014 – in London, Vancouver BC, Los Angeles, San Francisco, Silicon Valley, and Seattle among other places and virtual spaces. 

It has been a priority for the United Nations since the introduction by Kofi Annan in 2006 – first introducing the “ESG” label – followed by the UN’s issuance of the Sustainable Development Goals in 2015. Then the shot-heard-round-the-world in corporate circles, BlackRock CEO Larry Fink’s annual Letter to CEOs starting in 2016, and continuing every year since. ESG is not new.

As recently as 2019 we still couldn’t figure out what to call it. CSR, ESG, Triple Bottom Line, etc. These discussions inevitably include reference to Conscious Capitalism as well. I went to my first Conscious Capitalism conference, in San Francisco, in 2013. The key concept of Conscious Capitalism is consistent and balanced treatment of all stakeholders, not just shareholders. Employees, customers, suppliers, the environment, the community. 

But the discussions today are primarily about adding ESG metrics to existing executive compensation structures. There’s a lot of greenwashing going on there.                                                                                                                                                                                                                                                                           

Sustainability is not just about metrics, as essential as good metrics are for measuring progress. Building a sustainable organization is about more than carbon emissions, recycling, water conservation, and biodegradable packaging. Sustainability is a risk management strategy.

A prominent risk factor in every business is people. Not just regulatory enforcement of labor laws, or risk of litigation from discrimination, or wage and hour law violations. Building a sustainable organization is reducing the constant churn of employees, avoiding destructive labor cost-cutting to pacify shareholders while extracting the funds from other stakeholders, and considering social justice goals when deciding how to pay people.

At that first Conscious Compensation conference for me, I was astounded that employee compensation was not mentioned once. Well, one speaker had one bullet point on one slide that said “employee ownership” – that was it. I returned from the conference and trademarked the term Conscious Compensation® because you can’t practice conscious business without considering how you share value with your employees. From the trademark grew a conceptual model and then dozens of conference presentations, gradually sliding in the sustainability theme while avoiding the appearance of a “save the whales” label.

Now it’s the core of my approach to compensation advisory services. I may not call it that, but it’s in there.

It fits perfectly with the ethos of the cannabis industry. If I was a speaker at next week’s Sustainability workshop, I’d be talking about all of this. In the meantime, check out my other blog this week on the session, Cultivating Your Workforce where we will be discussing compensation.


Fred Whittlesey is the Founder, President, and Principal Consultant of Cannabis Compensation ConsultantsTM, a Compensation Venture Group SPC company. 

Fred is a member of the NCIA Human Resources Committee and the NCIA Sustainability Committee.

Fred is recognized by corporations, professional organizations, universities, media, and colleagues around the world as a compensation expert and thought leader.  His ideas have been presented in numerous book chapters, journal articles, media interviews, conference and seminar presentations, and hosted blog postings.

  • Fred’s thought leadership in the field of compensation is evidenced by his delivery of more than 300 conference presentations, seminars, certification courses, webinars and podcasts. He has presented and taught in 26 US States, 4 Canadian Provinces, UK, Ireland, France, Germany, Netherlands, Switzerland, Turkey, and Indonesia.
  • He has authored more than 50 peer-reviewed journal and magazine articles, book chapters, white papers, and sponsored papers. He has been a paid writer for PayScale.com, Salary.com, InvestorJunkie.com, and SeekingAlpha.
    Fred has been interviewed and quoted more than 100 times by more than 35 different media sources including Associated Press, Bloomberg, Business Week, Fortune, New York Times, Los Angeles Times, Orange County Register, Seattle Times, San Jose Mercury News, and San Francisco Chronicle. He has been retained to conduct research to support investigative journalism for The Los Angeles Times and The Boston Globe.

Cannabis Compensation ConsultantsTM is a division of Compensation Venture Group SPC, a Washington Social Purpose Corporation. The company is a Green America Certified Business. 

The firm specializes in compensation strategy, executive and director compensation, equity-based compensation, incentive design, and employee pay with a focus on sectors driven by innovation. We also provide expert witness and litigation support for civil litigation and regulatory matters.  Our clients include Boards of Directors and executive teams of public and private companies, LLCs, S corporations, and foreign subsidiaries.

Our Canadian sibling consulting firm is Conscious Compensation Group Inc. in Squamish, BC.

 

Member Blog: Compensation in the Wild West of Cannabis

by Fred Whittlesey, Founder, President, and Principal Consultant of Cannabis Compensation Consultants
Member of NCIA’s Human Resources Committee

At the NCIA Cannabis Business Summit & Expo next week, there will be a panel session titled Cultivating Your Workforce. As a member of the NCIA Human Resources Committee, I have been actively involved in putting this together, and as a compensation expert, I wanted to ensure there is going to be, of course, a lot of discussion about compensation – executive compensation, incentive compensation, and employee ownership. 

It’s appropriate that this month’s #CannaBizSummit is being held in San Francisco, arguably the historical culmination of Wild West culture, with the Gold Rush as its driver. Not unlike today’s cannabis industry – a gold rush of sorts, by federal definition a lawless community, and a community culture of moving fast and defining as we go. 

As a compensation expert, I typically prefer a more orderly and well-defined world, which is why I am fascinated with working in the field of compensation in the cannabis industry. It’s challenging because I am in the business of answering clients’ questions about compensation. It’s not always easy to do in cannabis.

There are three factors that explain where we are today in understanding and analyzing compensation levels and practices in cannabis, and three driving forces that will take us from today’s Wild West to tomorrow’s still innovative, still creative, but a bit more business-like approach to compensating employees in cannabis companies.

Today

  • No valid compensation surveys or databases exist for the cannabis industry. There are various publications that self-label as “surveys” but are merely data compilations missing the rigor of survey methods that have been established over the past decades:
  • Little or no definitions of jobs
  • Extremely wide ranges that defeat usability
  • Reports of cash compensation only, some with base salary only
  • Very small sample sizes, often not disclosed
  • No list of participating companies 

In short, they’re not compensation surveys. Established survey companies have not entered the cannabis market due to legal and/or stigma factors. They will, eventually. But they’ll be late to the party, so to speak.

For now, we have no real market data. Except for some executive positions…

  • For executive positions and equity compensation plan design details, data from public company securities filings continues to be the most valid and reliable source
  • Securities and Exchange Commission EDGAR filings (U.S.)
  • System for Electronic Document Analysis and Retrieval (SEDAR) (Canada) 

Despite currency, cultural, and governance differences, combining U.S. and Canadian data makes sense given the integrated labor market for talent. But it’s no easy task.

Unlike for publicly-traded companies in the U.S., executive compensation information for cannabis companies is difficult to obtain and interpret for multiple reasons:

  • Most companies are listed on Canadian exchanges
  • The Canadian disclosure requirements are less rigorous, such as:
  • Lack of a single table for all forms of executive pay
  • No dollar value required to be calculated for equity compensation grants
  • Limited disclosure of the history of equity compensation grants
  • A high rate of errors and omissions compared to U.S. filings (as I discussed in MJBizDaily)
  • Companies whose shares are traded in the U.S. are not on major exchanges and not subject to the extensive disclosure requirements of NYSE and Nasdaq companies. This is changing – as exemplified by last week’s listing of the SPAC Canna-Global Acquisition Corp (NASDAQ:CNGLU) on Nasdaq, but SPAC listings have a reduced set of disclosure requirements. (full disclosure: I am an investor in CNGLU.)
  • Most companies are of a size and status (e.g., Emerging Growth Company) that also have reduced pay disclosure requirements. 

So, despite what is a rich source of executive and equity compensation data which we have relied on for decades now, these databases are not (yet) of the same usefulness as for other industries.

And even if we didn’t have those tactical issues… the characteristics of the cannabis industry exacerbate these difficulties:

  • Smaller companies and private companies 
  • High-growth stage, resulting in the lag time in reporting rendering the information significantly out-of-date 
  • High concentration of founders and insider ownership, which results in compensation levels and practices that are not free-market based – one CEO taking zero compensation and another in the 8 figures. 
  • Top-heavy C-level position structures, e.g., an Executive Chair and a CEO and a President and a COO – too many chiefs 
  • High levels of turnover and movement of executives among internal positions. A good is example is from 4Front Ventures’ most recent filing:

So, the question of how much this company pays its top executives… is an unanswerable question. I wonder if even the company could answer that question?

Tomorrow

The turbulence in executive compensation levels and practices will lessen, and our knowledge and understanding will improve, when three trends converge:

  1. More public companies, including SPAC deals, and continued M&A activity, bring in more outside investors with expectations of corporate governance and practices consistent with other industries in which they are invested. This also will have the effect of lessening the influence of founders as more “professional” (hired external) Board members are added to the governance structure. 
  2. With more public companies will come more market data, as we have for most industries today both in the U.S. and Canada. While limited to the top 3 or top 5 executives in each company, these disclosures provide a factual and verifiable dataset for the most senior positions, for the use of equity compensation for employees, and for the breadth of executive compensation arrangements such as new hire packages, severance and change in control agreements, and various perquisites. 
  3.  And of course, legalization. With the U.S. federal restrictions and the associated stigma removed, cannabis companies will become subject to the same governance, institutional investor and proxy advisor pressures, and the large consulting firms will push them toward the ISS/Glass Lewis “playbook” approach to advising. I’m not saying that’s a good thing, because it’s not, but we already see it happening in Canada where large multinational compensation firms are overlaying the boiler-plate ABCs. 

It is my hope that the innovation and creativity we see in the cannabis sector today will not suffer from these three dynamics. There’s nothing wrong with living in the Wild West, if you’re comfortable with fewer rules, fewer constraints, and less transparency. But it helps when there is a Sheriff and a couple of Deputies in town.

This conversation is not limited to executive compensation. Equity compensation for all employees is a common aspiration in cannabis companies. Equity compensation plans are always complex to design, implement, and administer and are exponentially more so in cannabis companies. Complex organization structures with public entities, private companies, LLCs, and even nonprofits all bring talent from diverse industries with vastly ranging experience with and expectations for equity compensation. 

  • A trimmer coming from agriculture or a Dispensary Manager from specialty retail has likely not received equity as a component of their compensation in the past.   
  • A chemist coming out of biopharma or a software developer, if told there is no equity compensation plan for all employees at your company will be, at the least, disappointed if they even continue interviewing with you. 

Similarly, a candidate from the financial services world may be surprised that every employee is not participating in one or more cash incentive plans, not just the sales reps.

There is a LOT of work to be done on compensation planning in the cannabis industry, and I’m thrilled to be right in the middle of it. 


Fred Whittlesey is the Founder, President, and Principal Consultant of Cannabis Compensation ConsultantsTM, a Compensation Venture Group SPC company. 

Fred is a member of the NCIA Human Resources Committee and the NCIA Sustainability Committee.

Fred is recognized by corporations, professional organizations, universities, media, and colleagues around the world as a compensation expert and thought leader. His ideas have been presented in numerous book chapters, journal articles, media interviews, conference and seminar presentations, and hosted blog postings.

  • Fred’s thought leadership in the field of compensation is evidenced by his delivery of more than 300 conference presentations, seminars, certification courses, webinars and podcasts. He has presented and taught in 26 US States, 4 Canadian Provinces, UK, Ireland, France, Germany, Netherlands, Switzerland, Turkey, and Indonesia. 
  • He has authored more than 50 peer-reviewed journal and magazine articles, book chapters, white papers, and sponsored papers. He has been a paid writer for PayScale.com, Salary.com, InvestorJunkie.com, and SeekingAlpha. 

Fred has been interviewed and quoted more than 100 times by more than 35 different media sources including Associated Press, Bloomberg, Business Week, Fortune, New York Times, Los Angeles Times, Orange County Register, Seattle Times, San Jose Mercury News, and San Francisco Chronicle. He has been retained to conduct research to support investigative journalism for The Los Angeles Times and The Boston Globe.

Cannabis Compensation ConsultantsTM is a division of Compensation Venture Group SPC, a Washington Social Purpose Corporation. The company is a Green America Certified Business. 

The firm specializes in compensation strategy, executive and director compensation, equity-based compensation, incentive design, and employee pay with a focus on sectors driven by innovation. We also provide expert witness and litigation support for civil litigation and regulatory matters.  Our clients include Boards of Directors and executive teams of public and private companies, LLCs, S corporations, and foreign subsidiaries.

Our Canadian sibling consulting firm is Conscious Compensation Group Inc. in Squamish, BC.

Member Blog: Cannabis Supply Chain Roadmap – Control What You Can, Plan For The Rest

by Gary Paulin, VP of Sales and Client Services at Lightning Labels

In a world where instant gratification has run headlong into supply chain snafus and delays, something has to give. In the cannabis industry, the keys to success are to control what you can and plan for what you can’t.

Being proactive, creative, and resourceful are the keys. Cannabis purveyors are facing shortages of products and packaging. Shipping challenges, both from suppliers and to consumers, also are in the mix. And, with consumer demand through the roof, competition for fewer supplies available in a timely manner has become superheated.

What can cannabis companies do to maximize customer satisfaction while minimizing stress levels at this critical time?

The short answer can be found in the Serenity Prayer, which states in part: “God, grant me the serenity to accept the things I cannot change, courage to change the things I can, and wisdom to know the difference.”

In short, take and keep control of what you can realistically control, do contingency planning for occurrences out of your control, and know the difference between the two. One example of how to keep control: Companies facing potential shortages in many cases can build up inventory of available products, including labels, containers, and the like. Extra costs involved in doing this can be substantial, but compared to not being able to fulfill orders and having to deal with consequences — including falling revenues and workplace stress — it can be a relatively small price to pay.

One example of how to do contingency planning: Cannabis companies not in direct control of manufacturing everything that goes into a product need to figure out workarounds. In some cases, this may include advising consumers of potential looming shortages. In others, finding substitute sources that can step in if needed may be well worth the time it takes to do the research.

Again, this may cost more, but at this critical time, cannabis companies need to compare that to the cost of not doing it. 

Following are specific steps cannabis companies can take to stay on top of supply chain snafus:

  1. Determine what suppliers are clearly able and willing to meet your needs. In the label world, for example, talk with your supplier to look at likely needs through at least the first quarter of 2022. Make this company your proactive partner to offer insights about the best strategies to ensure you’ll have what you need when you need it. In some cases, this is as easy as knowing they will carry adequate supplies and perform well because they think and work ahead. In others, work with the supplier to figure out options that can substitute for something that may be in short supply.

  2. Ramp up customer service efforts. No matter how supply chain challenges are impacting your company, spend extra time and effort to keep your customers happy. Often, frustrated or demanding customers can be made happier with sincere, empathic customer service. In addition, where possible, be proactive with customers about what they’re willing to tolerate (e.g., longer turnaround in exchange for lower price). By assessing, then fully addressing, customer needs, you can achieve positive reviews and enhance reputation by showing your ability to tune into their needs. Be real and follow through on commitments. There’s almost nothing worse than promising performance, then not delivering. If you tell them you’re going to do something, including contacting them back, do it when you say you will.

  3. Make shipping as predictable as possible. Both for incoming and outgoing, figure out what you can expect (e.g., transportation directly under your control), and where you’ll need to rely on third-party shipping. Do some research about shippers to identify emergent issues, talk to your regular shippers about what to expect/plan for, and find substitute solutions if needed. You may also have to factor in higher shipping costs, at least through the first quarter of 2022.

  4. Research buying trends into near-to-mid-term planning. High consumer demand is here to stay, at least for a while. As best you can, figure out what the next few months are looking like, factoring in buying demand specific to cannabis as well as the bigger global picture. Between the pandemic roller coaster, economic volatility, political and social upheaval, and proliferation of severe weather destruction and disruption, there is much beyond the realm of cannabis that may impact buyer demand and the supply chain for months, if not years.

  5. Build in breathing room where possible. Such options as subscribe-and-save and discounts for orders with longer lead times are two measures that can take pressure off cannabis companies to a certain extent. Following the lead of such companies as Amazon, provide incentives for discounts when customers select longer lead times or commit to a regular ordering pattern.

Gary Paulin is VP of Sales and Client Services at Lightning Labels, a Denver-based custom label printer that uses state-of-the-art printing technology to provide affordable, full-color custom labels and custom stickers of all shapes and sizes. Contact: sales@lightninglabels.com; 800.544.6323 or 303.481.2304.

 

Member Blog: Stickier Products Need Thicker Gloves, Right?

by Steve Ardagh, Eagle Protect CEO

“My gloves keep ripping” is a common frustration we hear from cannabis businesses, especially growers and processors. If your gloves are ripping just buy thicker gloves, right? Maybe. It is a common misperception that thicker gloves are stronger, but this is not always the case. Here are four factors about glove thickness to understand that will help solve this chronic glove problem.

4 Things to consider before buying a thicker glove

  1. Thicker does not mean stronger – A glove’s strength is directly related to the quality of materials used to make it. Period. A glove’s raw material ingredients account for 45% of the production cost. Gloves can have fillers, like carbon black, silica and chalk, added to manufacture them cheaper. Chalk doesn’t stretch. When fillers are added to reduce production costs, the glove’s durability and elasticity will reduce as well.

In one minute, this video shows how to estimate the quality of your nitrile gloves. When buying disposable gloves, always remember, a gloves’ strength is directly proportional to the quality of ingredients used to make it.

  1. Musculoskeletal issues – Low-quality, thicker gloves have less elasticity which in turn makes workers’ hands use stronger muscle force, increasing the chance of injury. For example, a worker’s hand could have unnecessary force put on it with every hand movement they make while bucking or trimming the plant. A disposable glove needs to be of a high enough quality to perform the task and protect the product and the wearer, but excessive thickness can create additional issues. A better-made glove can be thinner while outperforming cheaper, thicker gloves.

  2. Worker efficiency – Despite its thickness, a glove made with lower quality ingredients will rip more frequently. When your staff is constantly having to stop working to change failed gloves, productivity decreases. When workers are busy changing failed gloves they are no longer planting, growing, harvesting, trimming, or curing. Gloves that perform will increase overall productivity and efficiency, not to mention worker satisfaction.

  3. Increased waste – Another possibly less considered consequence of buying thicker gloves is the environmental impact. Glove thickness directly correlates with the amount of waste, disposal costs, and environmental impact generated. A thicker glove equates to more material per glove being disposed of. A glove made of cheap ingredients that fails more frequently will also negatively affect a businesses’ sustainability efforts by increasing the overall quantity of gloves used. Generating more waste will in turn increase disposal costs and the amount of waste that ultimately is put into landfills.

Cannabis plants can be prickly, sticky, and sometimes relatively tough on disposable gloves. A better glove is needed. A better glove, not necessarily a thicker glove. Additionally, different stages in producing cannabis products, from growing to harvesting to processing to tinctures to edibles, can require different gloves. A single glove most likely will not live up to the performance and safety requirements at the various stages. The best way to know you’re buying a quality glove is to purchase from reputable suppliers with specific and ongoing quality control procedures in place. This ensures glove quality, performance and protection, all of which directly mitigate risk to your product and business.

Trustworthy and knowledgeable glove suppliers will be able to help arrange glove trials through which you will be able to determine the best glove to use for every task. Purchasing too heavy of a glove for a task increases costs unnecessarily. Investing the time into ensuring you are sourcing the correct gloves will protect your product, workers and budget.

Disposable gloves are not indestructible. Some tasks, like harvesting and trimming, do require a thicker glove even when they are made of the highest quality. But simply put, a thicker glove spec is not always the answer to a sticky situation.


Eagle Protect, the world’s only glove and PPE supplier to be a Certified B Corporation®. Eagle Protect supplies disposable gloves and protective clothing to the food processing, food service, cannabis, medical and dentistry sectors in both the U.S. and New Zealand.

Eagle is implementing Delta Zero, a proprietary third-party glove analysis program to ensure a range of their gloves are of consistent high-quality, and free from harmful contaminants, toxins and pathogens. The Delta Zero program mitigates the risk of product contamination and recall due to the unknown use of dirty gloves. 

After establishing Eagle Protect as an industry leader in New Zealand, where the company supplies approximately 80% of the primary food processing industry, Steve Ardagh relocated with his family to the U.S. in January 2016 and launched Eagle Protect PBC. Steve brought with him Eagle’s values of providing products that are certified food safe, ethically sourced and environmentally better. Steve is driven to keep consumers safe, one high-quality disposable glove at a time, and has been instrumental in developing Eagle’s proprietary third-party Delta Zero program glove testing program.

 

Member Blog: Business SMS Basics for Cannabis

by Matt Hostacky, Regional Sales Manager, Flex IP Solutions/Cannabiz Text

Text messaging is the next wave of communication to customers. 98% of all texts get received. 92% are read within 5 minutes. And 45% receive a response, and if you think that your customers want to engage their favorite businesses this way, you’d be correct. 85% of people polled want text message marketing from their favorite companies.

But how do you get started? How does it work? Are there technology requirements? Etc. Here are some of the common questions we get to help you navigate this great communication tool for your business.

  1. What are the technology requirements? An internet connection and a computer with a web browser are all that is required for most systems. 
  2. We’re not tech-savvy, is the SMS system difficult to use or learn? No, most systems are very user friendly and intuitive. Most systems work through your web browser and can be set up and used in minutes with little more than a user guide. 
  3. Can I use my existing business phone number? Yes, most platforms support text enabling your 10 digit business number. This helps people recognize who the text is coming from and build brand awareness. 
  4. What are some of the common features of an SMS system? Series (drip campaigns), Surveys (polls), Time-Texts (schedule now, send later), Contact Segments (Tags or Identifiers), Compliance tools, Reports, and Keywords (Text “Vegas” for a chance to win a trip to Vegas). Above and beyond these key features you may want to consider having 2-way chat and/or automations capabilities for your business to help answer any questions your patrons may have. 
  5. Who can I market to? Existing customers or those that have “opted-in” in some way to receive your promotions and communications. You may have new prospects or customers text a keyword to get opted in for example. However, if you acquire a list of telephone numbers for outbound communications they are considered SPAM under the TCPA and CAN-SPAM acts and you should not message these numbers. 
  6. Do I need to stay compliant? And how? Yes. Most systems (or at least the good ones) have some form of compliance automation and tracking to help keep you covered. At a bare minimum you need to have a “please reply stop to opt-out” message in each outbound marketing message. 
  7. What are the costs associated with an SMS marketing system? This is probably the hardest thing to compare apples to apples. Typically, an SMS system is a monthly charge either per text or as a package of texts. Some systems lockdown certain features and charge extra for them a’ la carte. Other systems are part of a CRM or POS system and either charge per text or a fee to unlock that feature. 
  8. What should my business have in advance of getting started with an SMS system?     

1) Make sure you’re collecting phone numbers from your customers today. 

2) Have a marketing disclosure statement that customers sign either electronically or physically so you are legally allowed to market to them. 

3) Have said customers and phone numbers in or able to be exported to an excel or .csv file so you can upload them as contacts.  

4) Have a plan. Don’t just set up a system and start sending texts.  Understand why you want to text, how you will text your customers, and what you will be texting your customers.

Compliance

So why is compliance so important? We’ve all received annoying texts we didn’t ask for letting us know we’ve won a cruise or there is a sale on cheap erectile function pills.  The FCC and Mobile carriers are already working to put more measures in place to mitigate the number of robo-texts and SPAM that is being sent. This is called 10DLC Campaign Registry. 10DLC Campaign Registry is too much to cover in this blog but you can find out more here 10DLC Campaign Registry.

If you’re soliciting anything to your existing customer base you must have consent, see the TCPA and CAN-SPAM acts. The best practice for this is what is called a “double opt-in”. A double opt-in is having the customers’ consent twice. The first form of consent is typically in some marketing waiver that is signed or checked during the buying process, it’s no different than getting consent to call or email promotions. The second opt-in is during the texting process. Typically, the first text received will have a message that asks the customer to reply “YES” to continue to receive texts. You usually see this with keywords that ask the person to text a word to a specific number, when that happens an automated message will then ask the person to reply with “YES” to continue to receive messages.

Another form of compliance is opting out. You must always have a “please reply “STOP” to stop receiving texts…” message in your messages. The first question you should ask about any SMS/texting solution is if this is built into it, meaning if someone replies back with STOP at any time, does it remove them from your marketing list even if you don’t have the wording in the text? If the answer is no, it’s not a system you want to use. Once again the TCPA and CAN-SPAM acts mandate that you give the consumer a way to opt-out of receiving messages from your business. And you’ll want a system that captures and can report on this as well. 

Something to understand is that certain things are still illegal to promote via text, i.e cannabis. Mobile carriers (the companies that transport the SMS messages) like ATT, TMobile, and Verizon have filters that are looking for hot button or trigger words. So words like cannabis, marijuana, weed, edibles, and ganja are going to get flagged. This doesn’t mean that you can’t still use text message platforms. It just means that instead being obvious about what you text out you become a little more vague. Your customers will still know there is a sale on edibles if you say something like “2 for $20 on ABC brand yummy treats this week”.  

Compliance doesn’t have to be all doom and gloom. Make it fun. The most successful businesses do an initial promotion or giveaway to get folks to opt-in to their text marketing. Another great tip is to put your business’ name at the front of the text with a colon so everyone knows who the text is coming from. i.e. ACME: Acme widgets on sale this week 20% off! Remember your customers want to hear from you, they want to stay informed of any new products or promotions… that’s why they’re your customers. They just don’t want to be bombarded with SPAM on their personal devices at all hours.  So be courteous and make sure the number of text promotions is not too much and are being delivered at appropriate times.

Additional Use Cases

By now most folks are aware of the two most prominent use cases for business texting, 1) marketing and 2) appointment reminders. But there is a wide world of other use cases for texting that you may not have even thought about. And these use cases can help separate your business from others by delivering a “wow” customer experience.  

Customer Service  

Instead of phone calls, why not answer questions about your product or service using texts? The advantages of using text for customer service are:

  1. Customers don’t have to wait on hold for the next agent 
  2. There is always a record for that customer to refer to 
  3. Your employees can handle multiple chats at one time unlike voice calls 
  4. You can automate answers to the most frequently asked questions.  

Sales

Yes, this is different from marketing because marketing is one-way. With two-way texting you can interact with your customers the same as you would in-person or via a phone. Your sales force can provide the presales support that your customers expect but with the convenience of a text or picture message.  

Delivery Notices

If you’re in the business of deliveries or in-home service these are a must for a great customer experience. Send pictures of your delivery driver in advance. Let your customers know when their package will be or has been delivered.  

Alerts

During the COVID-19 lockdown, almost every business’ processes changed. Masks needed to be worn, social distancing observed, and a lot of businesses went to calling or texting when a customer or patient could be seen. The businesses that had an SMS platform ready to go didn’t miss a beat. There were signs like “Text our main number to let us know you’ve arrived” for things like veterinarian offices, healthcare, retail stores, and restaurants.  

Business SMS is still relatively new, but the use cases continue to grow. Communication has moved to a person’s mobile device now and we don’t check or pay attention to email like we used to. People expect real-time alerts and notifications on their phones. Leveraging business SMS in multiple ways can provide a memorable customer experience to your patrons which will, in turn, create repeat customers. 


Matt Hostacky, Regional Sales Manager, Flex IP Solutions/Cannabiz Text

Matt Hostacky, an IT and telecommunications industry veteran, takes a consultative approach to solve real-world business challenges with technology solutions. He serves as Regional Sales Manager for FlexIP Solutions Inc., a provider of managed communications services customized for businesses of all sizes and optimized for best value and performance. Hostacky advises customers on communications and collaboration strategies that leverage solutions, such as Cloud PBX, Unified Communications as a Service, Contact Center as a Service, Collaboration as a Service, SIP Trunking, Secure SD-WAN, Business Continuity and Disaster Recovery, and Business Text Messaging. 

 

Member Blog: Why an Efficient Dispensary POS System is Crucial for Cannabis Retailers

by Steven Lynn, Director of Marketing at BLAZE

Running a cannabis dispensary isn’t like running any other type of business. You don’t only have the stress of inventory, expenses, a demanding customer base, and sales to worry about, but also incredibly stringent state, county, and city laws. State compliance is at the core of keeping your storefront running, but automating reporting with software can alleviate some of the stress associated with compliance. 

Selecting a cannabis software that fits your business model is crucial to scaling your business. Here are five essential things to look for in an efficient dispensary POS system and how they will benefit your cannabis operation.

Improving Customer Experience

Customer retention will make or break your business. Building a base of happy customers is imperative for your dispensary to survive and thrive. There are lots of ways to create a memorable and positive experience for your customers. Seamless transactions, loyalty rewards, and employees that understand buying habits make it enjoyable for customers to shop. A premier dispensary POS system will give you control over all of these. Checking out customers quickly and efficiently, while utilizing a rewards program to incentivize them to come back is what customers expect and not all POS systems deliver on these expectations. 

Another sign that a POS system is worthy of your business is one that has a strong user base and an active support team. Frequent engagement with their users and regular help center articles are a good indication that the POS provider is actively working with their community to solve issues and create a better experience. 

Furthermore, the software provider should provide multiple training sessions when you come on board. This gives you, your staff, and management team the knowledge and know-how to use the software proficiently. A good POS provider will also help you develop standard operating procedures that best work for your business and their software. Implementing your software in tandem with best practices will maximize the efficiency of your dispensary. After all, POS systems aren’t always cheap, so you should expect a “white glove” approach by their team.

Optimizing Cannabis Inventory

There is very little room for mistakes in the cannabis industry. Inadequate cannabis ERP systems can cause issues with inventory discrepancies which can easily lead to compliance fines, penalties, and even your license being revoked. A reliable POS system provides accurate, real-time data that seamlessly allows you to manage your stock and improves customer shopping experience.

Better inventory management also helps in team day-to-day operations. When your staff can easily audit inventory and use reports to see what is selling, they can make informed decisions when purchasing stock to keep your customers coming back. This results in high customer satisfaction, repeat business, and more sales. You want to optimize your inventory ordering so you can have enough of the right products at the right times to meet demand and offer a superior customer experience. 

Automating State Compliance

Compliance is the x-factor for cannabis businesses. Few other industries deal with regulatory restrictions as stringent as the cannabis industry. That’s why it is so important to have cannabis POS software that is integrated with track-and-trace programs selected by the state. Metrc and BioTrack are the most commonly used track and trace systems. You’ll want to make sure you dispensary ERP automates compliance reporting to avoid any risk of human error. 

Real-time compliance integrations with Metrc and BioTrack will report sales accurately as they happen. There are no shortcuts when it comes to compliance so your cannabis POS needs to factor in all the required taxes as well. Additionally, it should enforce customer purchase limits and verify age. These are two regulatory rules that can quickly cause easily get your shop shut down if not strictly followed.

Useful and Seamless POS Integrations

Be wary of POS systems claiming to be all-in-one solutions. These tend to be masters of none. A great POS will integrate with other leading softwares to bring you a well-rounded platform. Look for one with a wide range of integrations that help with things like marketing, e-commerce, loyalty, analytics, etc. Finding a dispensary POS that supports your current tech stack will save you time and headaches.

It’s also useful to do research on software review sites to see how these integrations hold up. Just having integrations isn’t enough. These integrations need to work seamlessly with your POS system and be as easy to utilize as the platform itself.  

Cannabis Software That Scales 

The last thing you should look for in a POS system is one that has the ability to handle your business as it scales into multiple locations or a delivery fleet. Not all dispensary software can support a multi-storefront or delivery. It really comes down to the features and functionality. Is there a master inventory catalog that can categorize inventory across multiple stores?

Does your dispensary POS also offer built-in dispatch and delivery functionality? Evaluate which software can serve you best long-term versus a short-term fix. Look for one that broadcasts its new features, integrations, bug fixes, and improvements. This will give you a good idea of how the POS is keeping up with the pace of new industry advancements. 

How to Decide on a Dispensary POS

Looking for these five things will give you a solid understanding of what your POS platform should have and steer you in the right direction when it’s time to buy. There are a few additional ways to evaluate potential cannabis software providers. It never hurts to come prepared with specific questions during a demo that are relevant to the workflows utilized in your dispensary. This will give you a clear understanding if the dispensary POS system can seamlessly integrate with your current SOPs or if you’ll need to adapt your internal procedures.

Before making the big decision, inquire about the migration plan, the onboarding process, and any additional hardware that might be needed. These are important factors to consider so you can avoid future roadblocks. Lastly, call their customer support line just to test their response time. Waiting to be connected to a support agent can be frustrating if something does go wrong. It’ll give you more confidence in your decision if you know that the support team is easy to contact and capable of resolving issues quickly.


Steven Lynn, a California resident since 2011, has dedicated his career to destigmatizing and legitimizing the cannabis industry through technology. Steven started his career in cannabis as the Director of Marketing at IndicaOnline in 2017. He now serves as the Director of Marketing at BLAZE® responsible for driving all marketing strategy, brand development, and lead generation programs. His professional background in early-stage B2B cannabis SaaS startups has made him adept at executing scalable, impactful, and sustainable strategies to achieve exponential growth. Steven received his BA in Communications from the College of Charleston in 2006 and is a seasoned marketing professional with over 10 years of experience working in both the entertainment and canna-tech industries.

Founded in 2017, BLAZE, a VC-backed California technology company, offers unified seed-to-sale software and apps for the cannabis supply chain. Developed by tech entrepreneurs and former cannabis company operators, BLAZE makes tech simple with an easy-to-use frontend powered by an enterprise backend for dispensaries, delivery services, distributors, and cultivators. Customers can be more profitable and productive while creating a better user experience for end customers and employees. The company’s software ensures compliance with local laws and taxes. BLAZE offers full APIs and integrates seamlessly with over 40 technology vendors in the cannabis industry.

Member Blog: How Can Hemp Businesses Better Self-Regulate?

by Lee Johnson, CBD Oracle

The hemp industry is still in its early stages, especially when it comes to emerging products like delta-8 THC. While there is some regulation for hemp products, it’s much less than for legal cannabis, and this gives companies some freedom in terms of how they operate and what they do. For the most part, this is a good thing, but there is a downside too. Our report into the industry found that 76% of delta-8 THC products contained illegal quantities of delta-9 THC. This is terrible for consumers, but it also poses a risk to the industry: if you keep raising red flags, the government will eventually swoop in and take action. This is why self-regulation is a crucial concept for hemp businesses going forward.

Why Self-Regulate?

Self-regulation is crucial for hemp businesses because of the scrutiny the industry faces and to improve consumer confidence. Although CBD is generally accepted, this is especially important for companies selling something like delta-8 THC, which attracts more scrutiny because of its psychoactive nature. With states like Texas attempting bans on the substance and the findings of our report showing that the vast majority of products break legal limits for delta-9, the industry is in serious danger of attracting the attention of more lawmakers who may opt for an outright ban. In fact, there are already 18 states with some form of ban or restriction on the substance.

Jayneil Kamdar, PhD from InfiniteCAL Labs commented to us that: “The current delta-8 THC products on the market are very concerning because there is no regulatory body monitoring the safety of these products.”

In our report, we also found that companies tend to undercut customers on delta-8, that only 14% of companies perform substantial age verification checks and that two-thirds of companies don’t test their products for impurities.

It isn’t that self-regulation would be a cure-all, but if companies opt to act responsibly, it is much less likely that they will attract attention from lawmakers. In addition to this, though, self-regulation sends a strong message to consumers that you care about them and that they will get what they wanted when they buy your products. When this doesn’t happen, people will tell others about it.

The more the industry can mirror the regulations of regulated cannabis companies, the better things will go in the long run.

How Can Companies Better Self-Regulate?

However, “self-regulation” can’t just become a vague, catch-all term for generally responsible business practices: clear recommendations are essential in making this goal a reality. Luckily, our in-depth investigation of the delta-8 industry and other similar investigations into the CBD industry have revealed some key areas companies can focus on.

Provide Transparent Lab Reports with QR Codes

Lab reports are a vital part of building consumer trust, and you should ensure there is a QR code on the report so it’s easy for consumers to verify the report on the lab’s website. 90% of CBD companies already do this, based on our industry analysis.

Offer a Lab Report for Every SKU

Many companies, however, only offer a COA for the base distillate, rather than every specific type of product it produces. If you sell vape cartridges, for instance, you should have a report available for each variation in flavor, strain, and potency.

Choose Credible Labs for Your Report 

Not all labs are equal. If you get a report from a questionable or unknown lab, savvy consumers will still be wary of your product, and in some cases, the results may be unreliable. It’s best to choose a lab with a strong reputation, such as ProVerde, Anresco, SC Labs, InfiniteCAL, and CannaSafe.

Test for Impurities 

With two-thirds of delta-8 companies not lab testing their products for impurities, this is a good way to stand out in the marketplace as well as good practice in general.

Verify Customer’s Ages

With most CBD companies not performing robust age verification checks, using a credible age verification system such as AgeChecker is a great step towards self-regulation. They stay up to date with FDA requirements, state laws, and merchant account policies, so you can set it up and then continue basically as normal. This is especially important for delta-8, but it’s also crucial for higher-strength CBD products too.

Label Your Products Accurately 

What you claim on the label should be what’s in the product. Lab reports help you verify that this is the case.

Warning and Caution Labels  

Only about 55% of hemp delta-8 companies use a warning label, but this is another key part of self-regulation. Suggested verbiage includes:

  • This product should be used with caution when driving motor vehicles or operating heavy machinery.
  • Use this product under the guidance of a physician if you have a medical condition, are pregnant or lactating.
  • Keep out of the reach of children.
  • This product was manufactured from hemp material that meets federal requirements for hemp products; however, consumption may be flagged by some drug tests.
  • Use with caution if subject to urinalysis.

Use Child-Proof Packaging

The CDC recently raised an alert about children accidentally consuming delta-8 products. Using child-proof packaging is an easy way to prevent this from happening.

Avoid Child-Attractive Packaging

This goes hand-in-hand with the above, but also, having your products that look like a bag of Cheetos or anything along these lines is not a good look.

Avoid Medical Claims 

Although many people opt to use delta-8 and CBD for medical purposes, if you’re selling the products, making medical claims that might not meet official organizations’ standards of proof is simply a terrible idea. Leave it to your consumers to determine.

Get Industry Certifications

Getting certified by an organization like the U.S. Hemp Authority is a great way to show your customers that you’re one of the responsible companies.

Conclusion

Self-regulation really just means taking a few basic steps to establish to both customers and politicians that you’re running a legitimate business which does what it claims to and is socially responsible. It might increase costs in the short-term, but over time and especially as consumer knowledge increases, it will pay off many times over. And the next time there’s a situation like what happened recently in Texas, the industry will have a much easier time defending its practices.


Lee Johnson is a writer at CBD Oracle who has been covering science, vaping, and cannabis for over a decade. He focuses on research-driven deep dives into topics ranging from medical uses for CBD to industry and user statistics, as well as general guides and explainers for consumers. He is a passionate advocate of both CBD and cannabis, and a strong believer in informed choice for consumers.

CBD Oracle is a consumer research company working to improve the safety and transparency of cannabis products, producing in-depth statistics on CBD and cannabis, detailed research pieces and analysis of social and legal issues.

 

Member Blog: Let the Good Times Roll – New Jersey’s Cannabis Markets Primed to Meet High Demand with Two Big Announcements from the Cannabis Regulatory Commission

by Genova Burns LLC

New Jersey’s medicinal and adult-use cannabis markets are finally starting to take shape more than ten years after the medicinal marijuana program was launched. In the span of one month, the New Jersey Cannabis Regulatory Commission (“CRC”) not only announced awards for fourteen new medicinal cannabis licenses, but also, on November 9, 2021, gave the long-anticipated official notice that the state will soon begin the application process for the award of personal-use cannabis licenses.

In particular, the CRC announced this week that it will begin accepting adult-use applications for Class 1 Cultivator and Class 2 Manufacturer licenses, as well as licenses to run testing laboratories, beginning on Monday, December 15, 2021. Additionally, the CRC announced it will begin accepting applications for Class 5 Retailer personal-use cannabis licenses on March 15, 2022. While there is more information that will be forthcoming from the CRC, some major takeaways from the CRC’s November 9th notice are as follows:

  • The CRC set forth its scoring criteria and what applicants need to provide to score full points, as well as bonus points; 

  • Bonus points will be awarded for, among other things, confirmation that at least one owner has been a New Jersey resident for at least five years as of the date of the application, and submission of a signed project labor agreement with a bona fide labor organization; 

  • Local support for applicants will be critical as a municipality may, among other things, submit its preference to the CRC for the issuance of licenses to certain adult-use cannabis businesses;

  • Applications will be accepted on a rolling basis, with no limit on the number of licenses the CRC will award, other than a preliminary limit of 37 Class 1 Cultivator licenses prior to February 22, 2023. These cultivator licenses will be awarded to the first 37 applicants that meet all licensing, regulatory and operational requirements, and satisfy the conditions for priority approval; 

  • The only exception to the above cap on Class 1 Cultivator licenses is for those applicants who apply as a “microbusiness” (there are residency requirements to qualify as a microbusiness, and operations of a microbusiness shall include no more than 10 employees; a facility of no more than 2,500 square feet; possession of no more than 1,000 plants per month; and/or a limit of 1,000 pounds of usable cannabis per month); and

  • Priority review and approval will be given to applicants who meet the CRC’s social equity, diversely-owned, and impact zone business criteria, in addition to other metrics.

The CRC will hold a pre-application webinar on November 30, 2021 for anyone interested in personal-use cannabis licensure. The medicinal and personal-use cannabis markets have put down deep roots in New Jersey, and consumer demand is budding like never before. Don’t let questions about this new regulatory landscape leave you and your business up in the air. 


Charles J. Messina is a Partner at Genova Burns LLC and Co-Chairs the Franchise & Distribution, Agriculture and Cannabis Industry Groups. He teaches one of the region’s first cannabis law school courses and devotes much of his practice to advising canna-businesses as well as litigating various types of matters including complex contract and commercial disputes, insurance and employment defense matters, trademark and franchise issues and professional liability, TCPA and shareholder derivative actions.

Jennifer Roselle is a Partner at Genova Burns LLC and Co-Chair of Genova Burns’ Cannabis Practice Group.  She has unique experience with labor compliance planning and labor peace agreements in the cannabis marketplace. In addition to her work in the cannabis industry, Jennifer devotes much of her practice to traditional labor matters, human resources compliance and employer counseling.

Daniel Pierre is an Associate at Genova Burns and a member of the Cannabis and Labor Law Practice Groups. In addition to labor work, he likewise assists clients in the cannabis industry, from analyzing federal and state laws to ensure regulatory compliance for existing businesses to counseling entrepreneurs on licensing issues.

For over 30 years, Genova Burns has partnered with companies, businesses, trade associations, and government entities, from around the globe, on matters in New Jersey and the greater northeast corridor between New York City and Washington, D.C. We distinguish ourselves with unparalleled responsiveness and provide an array of exceptional legal services across multiple practice areas with the quality expected of big law, but absent the big law economics by embracing technology and offering out of the box problem-solving advice and pragmatic solutions. 

Our firm is proud of its proven track record of assisting multiple clients with being awarded medical licensure in New Jersey, and continuing to counsel clients on the dynamic federal and state regulatory landscape, as well as with corporate transactional, labor/employment, real estate, land-use and other issues.

Given Genova Burns’ significant experience representing clients in the cannabis, hemp and CBD industries from the earliest stages of development in the region, the firm is uniquely qualified to advise investors, cultivators, processors, distributors, retailers and ancillary businesses.

 

Member Blog: Creating a Cannabis Website Optimization Strategy

By Dmytro Syvak, Business Development Specialist at MjSeo Agency

Generally speaking, there should be only one strategy and its essence lies in a fairly simple principle – to make a good product. If the advantages and strengths of your proposal are clear not only to you, then you are on the right track. New products or services in competitive niches like cannabis may take a little more time and effort to become recognizable and convince users to choose you. But at the same time, in an ideal situation, you will be working with an audience that:

  • is aware of a problem or any struggle;
  • knows that solutions exist and wants to try them;
  • is ready to communicate with solution providers to choose the most suitable option;
  • expects not only the benefits but also thinks about the potential profit of such cooperation.

Strategy and Tactics

The main thing when it comes to the cannabis industry is the fact that it has numerous political and legal regulations even though it has a great potential to boost state and national economies. For example, if you are doing out-of-home advertising, you should consider that it is prohibited to place ads near schools. It also means that you can’t use some effective advertising platforms suitable for other niches like radio, vehicle, or television. In that way, it is essential to have a strategy.

Strategy is your overall direction, the goal of your efforts. If you can answer the question “why” you are building links – most likely you have a strategy or at least a strategic vision. Tactics answer the “how” and “what is needed” questions. Why is it important not to confuse tactical action with planning and strategy? Basically – to avoid a mess.

There are about 10 basic link-building tactics, depending on whether your site is niche-oriented or not. These are actions aimed at increasing the qualitative weight of links for a site for the purpose of its advancement in search results, placement of various links of a resource on authoritative platforms. Link building is considered one of the most effective methods of SEO optimization, especially for the cannabis niche. 

Link building is needed by: 

  • young brands about which there is little information; 
  • companies operating in niches with the high competition; 
  • brands that want to improve visibility and are looking for ways to increase traffic.

In that way, it is a perfect strategy for the cannabis niche as it fits all three criteria. Link building is an essential part of promoting a business online and increasing the number of customers. Competent promotion of the site with links on certain sites can bring the web page to the TOP and improve the company’s image. Considering the number of regulations and prohibitions in the cannabis niche, link building is one of the best instruments to let people know about your brand.

Coverage

Also known as outreach, it is one of the main link-building tools. It is based on the spread of information about the project and obtaining backlinks from stakeholders, that is, a lot of communication and work with people.

When selecting potential partners, it is crucial to take into account not only the industry but also the segment, target audience, and the scale of your project. Those with whom you will communicate should not guess why and how you can be mentioned. The higher the relevance of your product to the partner site, the easier and faster the communication about placement will be. The first signal of low relevance is the lack of answers and reactions.

Thus, for cannabis businesses, it is better to place links in interested communities, thematic websites, or news portals.

Existing Links

This includes many tools limited only by your skillset, budget, and imagination. The main feature is that instead of trying to get in touch and create a completely new partnership, the work is carried out with already existing, most often published and indexed links.

Unlike outreach tactics, in this case, the key to success will be accuracy and automation of as many processes as possible – from collecting data to using mailings instead of single messages. Here are some examples of tactical work with existing links:

  • Guest blogging is also a good fit if, instead of publishing your own articles, you are building your work around existing popular content.
  • Broken links – old content, lost during migration or post updates, and so on. It may work great for niche or competitive content so, it is relevant to use it for cannabis businesses. 
  • Own backlinks – as your project develops, some of the backlinks will be lost one way or another. But almost any search analytics service will be able to regularly provide you with a list of domains from which you have lost links. 
  • Weak content – you simply find existing publications that can be easily improved and made more attractive without significant costs on your part. This is a great possibility to demonstrate your expertise in the niche.
  • Diversification of content. It is essential not only to post articles but also to add videos, presentations, and so on. For example, news or educational content are currently central in the cannabis niche. 

Practice

If you want to learn more about getting organic backlinks, especially in competitive niches, sharing experiences and hands-on material will be most helpful. Conferences and meetups will allow you to receive the most complete and relevant context, info about updates and news, as well as specific information about which tools bring the best results. 

If we talk about building a link mass for a niche project, then you will need to use at least three basic directions: working with communities and social networks, as well as placing guest publications and comments on relevant blogs. The main tip for cannabis businesses here is to educate, don’t sell. Try to engage the readers with the content you create. Useful or entertaining content will be the best choice. If you succeed, people will come to your website in search of more information.

Also, keep in mind that fresh domains with zero authority are more likely to experience the Google sandbox effect. If your organic search traffic isn’t going anywhere despite your best efforts, you will likely need to wait at least a month and reach a certain ratio of backlinks to estimated domain authority. Once the criteria are met, everything should return to normal. 

It is also essential to remember that many social network platforms prohibit cannabis marketing which makes it much more difficult to increase the visibility of the brand. Among them are:

  • Facebook
  • Google AdWords
  • YouTube
  • Instagram
  • Twitter

However, there are still ways to publish content. For example, Facebook allows creating product pages where you can publish useful or entertaining information without bluntly promoting your product.

As a Result

At the very end, it is necessary to say that link building should not be a difficult process. Is it time-consuming? Yes, especially in competitive niches. But with the right planning and the right strategy, backlink building tasks shouldn’t take you much longer than regular site maintenance.


The mission of MjSeo agency’s cannabis marketing experts is to help our customers become world-famous by means of a well-thought-out SEO strategy, and increase their profits hundreds of times.

MjSeo exclusively focuses on SEO strategies for the cannabis segment. It offers tailored services, including customer needs analysis and SEO. Its customers have seen their traffic surge and their websites have risen to the top of search engine rankings. The company’s personalized promotional tactics help companies thrive in the digital space.

The cannabis SEO experts from the MjSeo agency know how to help your marijuana business increase site traffic and, therefore, the number of customers.

 

Email: hello@mjseo.agency

 

Allied Association Blog: Memories of the Campaign for Prop 215

by Kharla Vezzetti, California NORML

I’ve been helping with the preparations for California NORML’s upcoming 25th Anniversary of Prop 215 Conference and Afterparty occurring this Friday, November 5, 2021.

Scanning my collected newspaper articles from the era for our slideshow has really brought back memories of my early activist days working toward The Compassionate Use Act of 1996, commonly referred to as Prop 215. 

The year was 1995…

Those were the days when you had to say “water pipe” not “bong” for fear of being kicked out of a head shop. I once had a pipe shop refuse to carry hemp lip balm citing that it would imply that their pipes were being sold for marijuana use. Even some in the hemp industry were opposed to associating marijuana with hemp. That said, there were supporters of medical marijuana, and some who just needed education. 

I was 24 years old and my relationship with the cannabis plant had been purely recreational. Then I made a new friend, Alan Silverman, who introduced me to a community (and career path) that changed my life. He took me to a screening of a new film, “The Hemp Revolution.” It was an eye-opening event with the director in attendance, and notably several Sonoma County businesses selling their industrial hemp wares. I was deeply inspired, not having known the history and multitude of uses of the plant. I joined the hemp industry with the contacts I met that night, distributing their wares to local shops and tabling at festivals and markets. It was more of a public education service than a profitable business, as many were not familiar with the hemp plant and some saw it as an excuse to promote marijuana. I transitioned into a day job with HempWorld, an industry magazine. These were fun years even if we were ahead of our time.

Which comes first?

Alan also told me about a state initiative campaign that was in the planning stages and educated me on the medicinal uses of marijuana. I had previously studied ecology, the idea that our environment has countless symbiotic relationships between lifeforms fascinated me. So, learning about the fiber, oil, and seed of the hemp plant while also gleaning information about medicinal benefits of marijuana just strengthened my impassioned advocacy for both. I felt at the time that consumable marijuana would need to be destigmatized before industrial hemp would ever have a chance. 

Allies!

I joined the volunteer group which we at first called “Sonoma County Chapter Californians for Compassionate Use” to match the name of the state-level group behind the current campaign. The term “compassionate use” was not so well known; when I set up our voicemail, the representative thought we were advocating for “Compassionate Youth.”

Being our media liaison, a news reporter from the local TV station called me one morning. The story we had discussed fell through and he asked if there was anything else he could cover. In a few frenzied hours, I was able to find an oncology nurse from a local hospital willing to be interviewed in support of medicinal marijuana. She led me to a medical marijuana patient she knew, who introduced himself to me on the phone by saying, “I’ve been HIV positive for ten years, and I’m fat!” He wanted to be interviewed, too. Enough local activists joined us that afternoon in front of our County Board of Supervisors chambers to fill the camera frame. The nurse requested her interview be conducted apart from the activists, as to not appear a part of our group, which was better optics for our message. She was being brave and outspoken. 

We made up small binders with recent news pieces supporting medical marijuana and sent them out to all our local media contacts. We included a commentary published in the Journal of the American Medical Association, an editorial from The Lancet, along with a Universal Press Syndicate piece by William F. Buckley, Jr, and a Cannabis Canada article, “Cannabis Buyers’ Club Flourishes in ‘Frisco,” written by Rose Ann Fuhrman, a fellow local activist and writer. The soon-to-be iconic red cross with overlayed green leaf image was printed for the covers of the binders.

Education was Essential

The cross and leaf image for the movement so effectively portrayed the topic, some of us, while gathering signatures, simply wore 11 x 8.5” signs with this image around our necks to gather attention of potential signers. 

All in all, Sonoma County was an easy place to gather signatures on this issue. Rather than approach people individually, I’d stand in a trafficked area and repeat the same spiel, it was along the lines of “Sign the medical marijuana petition, it helps with epilepsy, multiple sclerosis, chemotherapy, glaucoma…” I remember one man who walked right past me into a grocery store parking lot, only to turn around when I verbalized the ailment that affected his family member. Another signer who stood out was attending a concert. He walked up to me in the free speech zone between the parking lot and the venue. Signing his name, he said, “I’m a cop. I’m tired of the hypocrites.” 

The local coverage that I was most excited about occurred on Friday, November 1, 1996, four days before the election. Elvy Musikka had been traveling around California speaking in favor of Prop 215. Elvy was interviewed by The Press Democrat newspaper about being one of eight people in the United States who not only could legally smoke marijuana, but also was being provided joints by the federal government. The story ran with a large photo of Elvy smoking a legal joint in my living room. Elvy will be speaking at the Cal NORML conference.

Meeting Dennis

Another inconsistency with what most knew at the time was the existence of the San Francisco Cannabis Buyers’ Club. Founded by Dennis Peron, who also wrote San Francisco’s Prop P, this ground-breaking club was raided by the DEA, but enjoyed great local support. Prop P passed by 80% of San Francisco voters in 1991, basically making marijuana possession and cultivation the lowest priorities for law enforcement. Dennis, who passed away in 2018, is a legend in the world of medical marijuana. I had the unexpected experience of meeting him when Rose Ann and I went to his club to pick up the initiatives for our group to collect signatures. We all had barely begun when informed that the first initiatives had a printing error and needed to be replaced. We had car trouble in the city and Dennis invited us to stay overnight in the club, an historic experience I relish. Dennis will be represented at the 25th Anniversary event via a recorded statement and through his family members, Jeff and Bryan Peron.

It was an exhilarating time for me, I met many truly impressive activists, authors, and businesspeople who were inspired to make the world a better place. I felt I was making the world a better place. Ellen Komp, one of my co-workers from my years with HempWorld, went on to become the Deputy Director for California NORML, she hired me onto the organization in 2017. For the 25th Anniversary of Prop 215 events this week, I will be celebrating with many of the folks who made 215 possible. I hope you’ll join us in honoring the history that launched the modern industry.


Kharla Vezzetti is the Business Membership and Advertising Manager for California NORML, a non-profit, member-supported organization that has been advocating for sensible and fair cannabis laws since 1972. She can be reached at kharla@canorml.org 

 

 

Member Blog: Selecting the Right Cannabis Extraction Approach for Your Needs

By Albert Iannantuono, Co-CEO, CMO at extractX Ltd.

With demand for THC and CBD distillate products steadily increasing on a global scale, it’s never been a better time to be a cannabis cultivator, processor, or product formulator. When entering these industries, an often overlooked yet critical step in the planning process is choosing the right cannabis extraction solution. 

What are your options for cannabis extraction?

Depending on the amount of cannabis biomass you plan to process each year and the type of distillate you are trying to produce, you have three main options for meeting your extraction needs. You can:

  1. Partner with a mobile extraction lab company to extract at your facility without having to build your own lab
  2. Build your own fully-compliant extraction lab at your facility
  3. Hire a 3rd party processor (often called a “toll-processor”) who can manage extraction for you at their facility

Is a mobile cannabis extraction lab right for you?

A mobile extraction lab is a fully-certifiable clean room that has been retrofitted with ready-to-use extraction equipment. Built off-site to GPP, cGMP, and EU GMP standards, they are delivered and installed at your facility, staffed and operated on contract by the partner company. They allow for scalable production and help you avoid some of the pitfalls and obstacles of building your own extraction lab, keeping you focused on cultivation, product development, and sales & marketing.

Mobile labs allow you to extract at your own facility without having to build your own lab, outlay a large capital expenditure (CAPEX), or use a lot of floor space. You can leverage the expertise of the best engineers whose main priority is to create labs that produce the highest-quality distillate. Labs can be operational at facilities anywhere in the world within 4-6 months, and remove the burden of selecting the right extraction process and sourcing the right equipment. 

Mobile extraction lab partners are a great fit if you’re processing 50,000 lbs. to 2 million lbs. of biomass each year and want to outsource the lab CAPEX and ongoing staffing, SOPs, maintenance and upgrades to a trusted partner. These labs can also be incredibly useful if you want to test the market for new products, or want to expand into isolate or THC-free products through remediation and separation processes. 

[Check out this video of an extractX mobile lab being delivered to one of their partner’s facilities.]

Should you consider building your own cannabis extraction lab? 

If you have your products perfected, biomass sourced, and have a strong existing customer base, building your own extraction lab may be the right decision. If you’re processing over 1 million lbs. of biomass each year and have the facility space and financing secured, building your own lab can put you in a very competitive position in this emerging market.

It’s important to understand that building an extraction lab is no small undertaking. You’ll need to hire engineers to design the right process and source the right equipment for your needs. You’ll need to meet regulatory requirements and hire experienced staff. The entire process can take 12-24 months (or more) and cost $3 million to $7.5 million before you’re able to start processing, depending on the size of the lab and type of distillate you’re producing.

Building the lab is also just the beginning. Since the extraction industry is evolving so rapidly, new technology is constantly emerging that continues to improve production efficiencies and distillate quality. If you’re willing to commit to the massive undertaking of building your own lab, you must also be willing to commit to the ongoing compliance certifications, maintenance, and upgrades required each year to ensure your lab is keeping up with advancements in the industry. 

When is toll-processing a good option?

When processing smaller amounts of cannabis biomass (less than 50,000 lbs. per year), a toll-processor may be your best option. A toll-processor is a company that has built a large-scale extraction lab which they rent out to other companies. You would be able to load your cannabis biomass onto a truck, deliver it to the toll-processor, and then receive your distillate back from them. 

It’s crucial that you ensure this contractor is operating a fully-compliant facility, following GPP, cGMP, or EU GMP standards. You should check their references, certifications, and quality assurance promises before engaging with them, as you could be held responsible for the quality and contents of the processed distillate. Based on their capture rate and processing costs, you can gauge whether the toll-processor is right for you, or if you need to seek out another partner.

This option is great for small cultivators and processors as it allows you to avoid the major costs of building your own lab, and helps you get to market quicker and test the market viability of your products. It’s important to consider that challenges can occur if there are production delays, transportation issues, or issues with quality control.

Weighing your options

Image caption: [Since high-quality cannabis distillate has never been in higher demand, selecting the right extraction option is crucial to the success of your business.]

When examining these three extraction options for your business, it’s important to consider the immediate and future goals of your company. Do you hope to expand your production capacity over the next few years? How quickly are you trying to get to market? Do you have the resources and technical expertise to go it alone?

These are just a handful of questions to consider when exploring which extraction solution is right for you. Thankfully, the emerging industry is constantly creating new options to meet your needs.


A pioneer in integrated marketing technologies, Albert established his first successful business in 1986 and went on to build a solid track record as an entrepreneur that helped shape the digital industry. A talented leader whose business ranked among Canada’s fastest growing companies for several years running, Albert has assembled the strong management team that will drive extractX business forward. His keen business development approach has resulted in early adoption of extractX labs in global markets.

extractX Ltd. designs, builds, and operates turnkey pharma-grade hemp and cannabis extraction laboratories at facilities anywhere in the world. These fully mobile, purpose-built facilities fit into established industrial-scale operations and scale to meet the needs of cannabis and hemp cultivators and producers. Labs require no lab CAPEX to install, and produce the highest-quality THC and CBD distillate while meeting all GPP, cGMP, and EUGMP requirements and standards.

Equity Member Spotlight: Exspiravit LLC

This month, NCIA’s editorial department continues the monthly Member Spotlight series by highlighting our Social Equity Scholarship Recipients as part of our Diversity, Equity, and Inclusion Program. Participants are gaining first-hand access to regulators in key markets to get insight on the industry, tips for raising capital, and advice on how to access and utilize data to ensure success in their businesses, along with all the other benefits available to NCIA members. 


Tell us a bit about you, your background, and why you launched your company.

My name is Michael Webster, and I am the Founder & Managing Member of Exspiravit LLC, a licensed Michigan cannabis company. I earned a bachelor’s degree from the Harvard Extension School in Liberal Arts, and a master’s degree in Composition and Rhetoric from New York University. As a native New Yorker, I tried to wait patiently for cannabis legalization at the state level, but Michigan represented a unique entry point to the regulated market.

Like many NYC kids, my introduction to cannabis occurred at an early age. It was part of the local culture. However, it wasn’t until my late teens that I indulged. And it was even later, when my mom – a fierce cannabis advocate – was diagnosed with breast cancer, that I was introduced to the medicinal benefits of cannabis. I went on to write my graduate thesis on this very topic. From there, I embarked on my cannabis career path.

I launched Exspiravit for a myriad of reasons, not the least of which was to access a burgeoning market that held such promise for the creation of generational wealth. But as a frontline victim of the war on drugs – a simple possession charge of less than a gram of cannabis that temporarily derailed my academic pursuits – I saw an opportunity to educate and destigmatize this amazing plant, that, up until about 80 years ago, had been a staple commodity in human society. 

What unique value does your company offer to the cannabis industry?

We are currently deploying our Cannabis Event Organizing license for consumption events throughout the state of Michigan – both large and small – while we raise capital for the build-out of our solventless extraction lab. We believe in clean plants and derivatives and are working closely with the Cannabis Certification Council on securing the “made with organic flower” seal. The event organizer license has proven the perfect complement to our other ventures, as it has allowed us to redefine what “an event” really is, and to take our show on the road. We also offer consultancy to other social equity and small operators, with a focus on regulatory compliance, helping to share what we’ve learned on our journey.

What is your goal for the greater good of cannabis?

When it comes to our company values, Exspiravit advances a unique position on social equity. For far too long, social equity has been considered a gift or non-transactional offering. We at Exspiravit believe equity – social or otherwise – is earned and therefore OWED. Most current social equity initiatives in the cannabis industry broadcast messages of handouts and favors. This is the wrong message. When accessing the equity in your home, or other assets, neither you nor the bank treats those transactions as gifts. Social equity represents a debt owed from those who have weaponized their racial or class privilege to monetize a commodity market that was built on the willful destruction of black, brown, poor white, and otherwise marginalized communities. Debts are owed. Debts are to be paid. And their payment represents the satisfaction of an obligation and not a benevolent gesture. 

Quite the opposite, those tapping equity are claiming what is rightfully theirs. Again, equity is earned, accrued, developed, and owed, but certainly not to be asked or begged for. Exspiravit plans to use its voice to correct this adversely impactful interpretation of social equity, in hopes of realigning access to resources in the regulated cannabis sector. In addition to our work on the social equity front, Exspiravit’s goal for the greater good of the cannabis industry is to advance the for-purpose market. We believe that flower and euphoria only represent the tip of the iceberg when it comes to products and outcomes. We envision an ultra-specific and ultra-targeted market that features purpose-driven derivatives for a highly informed consumer.

What kind of challenges do you face in the industry and what solutions would you like to see?


Like many social equity cannabis operators, accessing capital has been our greatest challenge. And this challenge is intrinsically linked to our greatest criticism of social equity initiatives –- the lack of social equity funding. For social equity applicants, the process can be grueling. And for those of us who make it through to licensure, being greeted on the other side by predatory investment opportunities exacerbates our challenges. Social equity initiatives MUST feature a robust social equity fund. Without it, social equity operators are being positioned for failure. Diversion of existing tax revenue or special taxes levied against large and multi-state operators can easily address these challenges. Too, we would like to see more collaboration than competition. Regulated cannabis markets should be rolled out in ways that foster greater opportunities to collaborate. Support for collectives, and other similar strategies, are low-hanging fruit when it comes to solutions.

Why did you join NCIA? What’s the best or most important part about being a member of the Social Equity Scholarship Program?

We joined the NCIA for a variety of reasons. Firstly, it was accessible. Through its outreach, the NCIA met us where we were and provided us a robust package of resources that weren’t intended to lure us into paid membership, but rather to help us stand up and be able to recognize the benefits of such association. You can’t effectively inform a starving, homeless, injured person until you have fed, housed, and rendered aid to them. And that appears to be the NCIA’s philosophy – meet the immediate, pressing needs of social equity operators, positioning them to then effectively and efficiently access industry resources. The perfect example of this strategy is NCIA’s decision to offer one year of complimentary membership to social equity operators, including access to the national and regional conventions. The value here, to one’s first year of operation, is immeasurable. These events have provided the opportunity to forge important and lasting connections with other industry stakeholders that have made all the difference for us. Without question, we would not be enjoying such forward progression without the genuine efforts of the NCIA.

 

 

 

Member Blog: What Every Cannabis Company Needs to Know About Compliance Now

By Nicole Cosby, Chief Data & Compliance Officer at Fyllo

Two Thirds of Companies in Highly Regulated Industries Such as Cannabis Say Compliance Is Key Barrier to Growth

Not long ago, the role of the General Counsel with regard to compliance in highly-regulated industries was largely about setting up sensible guardrails. The job was to ensure a solid approach focused on good reporting, defensible “best-effort” internal practices, and a rock-solid audit trail. The words “compliance” and “growth” wouldn’t be used in the same sentence.

However, according to a study Fyllo recently completed in partnership with The Harris Poll of more than 300 compliance leaders, nearly two-thirds of heavily regulated companies agreed compliance was the critical factor blocking growth. In fact, compliance issues ranked as a bigger barrier than having the right strategy or even capital to fuel growth. This belief was shared by companies as small as local cannabis start-ups managing rapid growth and global banks with deeply-experienced compliance leaders.

One of the biggest factors cited by compliance professionals is the inability to adapt quickly. Nearly two-thirds (61%) did not believe their organizations could adapt quickly to sudden changes in regulations, with 28% pointing to outdated technology as the cause.

Patchwork Legislation is a Significant Pain Point

When taking a look even closer, managing regulations across jurisdictions is a significant pain point for compliance professionals, with 76% citing that decentralization of regulatory information is a challenge. The majority of professionals discussed how complicated it is to decipher between local and state laws. More than half of respondents (51%) even went as far as to say that the number of regulations their organization needs to keep on top of is unmanageable. Moreover, the dynamic nature of regulations even has these leaders questioning their own compliance. 

For cannabis operators, even basic functions of marketing and advertising are so restricted by location that it would take a literal army of compliance officers to humanly tackle the problem on a day-to-day basis.

Among companies in highly regulated industries, data for privacy regulations (59%), product-related regulations (45%), and marketing or advertising-related regulations (44%) are the three most common areas where regulatory or compliance issues are the most difficult to balance with business processes.

What risks must General Counsel (GCs) guard against?

Growth risks Market expansion and innovation may be constrained
Opportunity risks A lack of awareness of pending regulatory shifts that may open new opportunities may leave your company unable to respond quickly enough
Reputation risks Companies with a poor track record may face harsher scrutiny from the government. In cannabis, this might make obtaining new licenses in new geographies slower and more difficult
Revenue risks Every compliance misstep risks delays in products getting to shelves, or worse, requiring product to be destroyed. Every delay and loss of product results in lost revenue.
Cost risks Keeping up to date with ever-changing regulations is costly and difficult, particularly for understaffed compliance departments

Compliance Missteps Go Beyond Financial to Reputational

While compliance citations have become the norm, with companies being cited on average 12.6 times for noncompliance over the past five years, the ramifications of those missteps reach far beyond fines.

Nearly two-thirds (73%) say that key stakeholders like consumers, employees, and regulators have lost trust in a company due to compliance issues, and almost half (49%) say it results in higher costs to attract new customers and investors.

Use Technology to Turn Compliance Into a Competitive Advantage

The emphasis on growth demands a different approach that encompasses both defense and offense. Fast-growing companies need to access new markets, develop innovative new products, and challenge the status quo — all while managing the challenges of dealing with an ever-changing patchwork of state, local, and federal legislation.

Compliance professionals need to redefine their compliance roadmap based on real-time intelligence which should take into account federal, state, and local laws and ordinances. In fast-paced, highly-regulated industries, the winners are the companies who know more and know it sooner. Leveraging technology can help.

Once GCs recognize that a compliance suite does much more than just protect a company from citations, they can begin to understand the true cost of non-compliance from a financial, operational, and reputational perspective, giving them a leg up in today’s most challenging regulatory environments.


Nicole Cosby, an attorney and ad tech executive, has an impressive background in digital advertising/data policy, brand strategy/licensing, and business alliance development across the advertising, media, fashion, and entertainment industries. After earning her bachelor’s degree at Tufts University and her JD law degree from Howard University, Nicole entered the fashion field in New York, working in licensing and business affairs for Donna Karan, Phat Farm, Anne Klein, and the Jones Apparel Group. 

Prior to joining Fyllo, Nicole was senior vice president, standards, and partnerships for Publicis Media. She has also held director-level posts in product management, ad product marketing, and partnership development for AOL, Kai Communications, and BET Networks. Previously named one of Cynopsis Media’s Top Women in Digital, Nicole received the Facebook/PMX Marisa Marolf Strength Award and earned a place in Campaign Magazine’s Digital “40 Over 40” for 2019.

The Fyllo Compliance Cloud is a suite of software and services that enable organizations to navigate today’s ever-changing regulatory landscape, streamline compliance and scale with speed. Mainstream brands also use the Fyllo Data Marketplace to target previously inaccessible cannabis and CBD consumers.

Member Blog: Cautionary Tales of Cannabis Compliance

by Alexa Rivera, Assistant Marketer at PeopleGuru

As a member of the NCIA, you probably already know how difficult so many of the aspects of business are due to the nature of the industry. Unfortunately, sometimes it seems like the laws and regulations are never-ending, and frankly, it can cause quite the impact on the way operations are handled. 

As much as we hate to be the bearer of bad news, it is likely a good idea to be wary of these things, especially regarding compliance regulations.

Cannabis Compliance Regulations 

While numerous states have legalized cannabis, it remains federally illegal under Schedule I of the Federal Controlled Substances Act. While the hope is that cannabis will soon be federally legalized and decriminalized, we haven’t quite gotten there yet. 

Because of the state of our society and often the stigma associated with cannabis, not to mention the astronomical fines associated with being involved in the legal industry incorrectly, many financial institutions refuse to touch cannabis businesses. Yes, even when a client does everything correctly. 

As you can imagine, this creates a lot of problems involving transactions and payroll. In fact, as of June 30th, only 706 banks and credit unions were actively providing banking services to marijuana-related businesses. These banking issues lead many business owners to conduct mainly cash transactions, making things even more challenging to monitor. Around 40% of Colorado cannabis businesses lack bank accounts altogether. 

How are Canna Business owners coping? 

Cannabis companies constantly have to get creative with how they handle revenue –– which is enough to make any business owner pretty uneasy. Without banks, stores are often forced to take payment in cash and invest in ATMs for their shops while they’re at it. Holding so much cash means armored vehicles to collect the money and tremendous crime risk. Yikes, talk about a debacle. 

In an attempt to make things easier, some companies have opted to funnel cash through shell companies, but as you can imagine, that puts a big target on their backs. “It can start to look a lot like money laundering,” says businessman Tim Cullen. Despite complaints from states that collecting hundreds of thousands of dollars in cash for taxes is troublesome (to say the least), little has been done to rectify the problem. 

A Cautionary Tale

A Massachusetts company running three cannabis dispensaries has found itself in quite the mess despite believing they were following protocol properly. After an eight-month investigation, the company has been ordered to pay $300,000 in restitution and penalties. 

This situation has resulted from unintentionally neglecting a state law requiring businesses to pay 1.2 times the regular hourly wage on Sundays and Holidays. The company has admitted that these errors have stemmed from difficulty in hiring a traditional payroll service provider. 

Avoiding Compliance Related Repercussions 

One way many owners are attempting to get around payroll and tax issues is to misclassify their employees as 1099 contractors to avoid many of the tedious payroll-associated hurdles. Sounds too good to be true? It is! The Department of Labor does not take this kind of infraction lightly, and if you think $300,000 for missing Sundays and a few holidays is a steep fine, buckle up, and fast. If the DOL suspects the misclassification was intentional, you can expect up to $1,000 in criminal penalties per employee and even jail time. So for some legal options…… 

A Promising IRS Initiative

The IRS has recently launched a program titled “Cannabis/Marijuana Initiative” with the hopes of implementing a strategy to increase voluntary compliance. This is fantastic news for the industry because, as was the case for the dispensary above, often, the breeches are simply a result of misinformation. Hopefully, with an initiative such as this one put in place, small business owners can grasp tax regulations before any compliance issues arise with the guidance of the IRS on the industry’s side.

A Helpful Hand

Another great option is investing in a software solution that supports the cannabis industry and won’t leave you hanging. With payroll support and full-service banking, HCM software can prevent issues that may arise by automating the systems that cannabis businesses spend a great deal of time on in avoiding any missteps. You must find a company that won’t leave you hanging with an unreliable banking service.

Conclusion 

While more and more of America seems to be coming around to the idea of legal cannabis businesses being a legitimate industry, we still have some ways to go. In the meantime, covering all your bases and ensuring compliance is the best bet to ensure you don’t end up between a rock and a hard place — and as a result, spending a small fortune in fines and fees. Be sure to keep up with changing laws and consider your options for the best shot at easy and secure payroll and tax keeping.    


PeopleGuru develops and supports cloud-based Human Capital Management (HCM) software to help mid-market organizations in the Cannabis Industry attract, retain, and recognize their people and streamline back-office HR and Payroll functions. 

PeopleGuru HCM is a highly configurable, true single solution residing on one database that efficiently manages every stage of the employee lifecycle. Behind PeopleGuru’s best-in-class technology, is a team of Gurus who are passionate about helping clients meet their desired business goals by ensuring that they always have the tools and support they need to deliver on their strategic HR objectives, maintain tax & legislative compliance, and boost people productivity.

Alexa is the Assistant Marketer at PeopleGuru. With a B.A. in Advertising and currently pursuing an M.A. in digital strategy, Alexa has a passion for writing, content creation and branding strategy. Specializing in copywriting and unique niche positioning, the world of HCM Software is her latest and greatest challenge.

Find me on: LinkedIn

 

 

Member Blog: Evaporation is Costing the Cannabis Industry Millions. Here’s Everything You Need to Know. 

by Peak Supply Co

As cannabis ages, many of its therapeutic components degrade and transform into less effective compounds. Here’s everything you need to know about cannabis degradation, how the compounds are affected, and a few ways to restore products that have seen better days. 

How long do cannabis and hemp buds stay fresh?

Cannabis is made up of various naturally occurring chemical compounds, including cannabinoids, terpenes, flavonoids, lipids, and fibers. Just like all organic materials, these components break down and degrade over time. 

Think about your favorite fruits. Fresh oranges for example, will eventually rot as they age and their molecular compounds break down. When exposed to light, their outer layers start to spoil in a process known as photodegradation that causes discoloration and loss of flavor, vitamins, and proteins. 

Further enzymatic chemical reactions occur and transform water, vitamins, and other molecules into different formations that can degrade even further with added heat or moisture loss. The oranges will lose their zesty aroma, sweet flavor and will be more susceptible to microbes, which will eventually cause the fruit to spoil. That said, dried fruits can be stored in a pantry for much longer before they’re no longer safe to eat as the “conditioning” or “curing” process can make them shelf-stable for up to a year. 

Like dried fruits, cannabis and hemp undergo a curing process that helps to equalize the moisture content among the buds. This process reduces the risk of mold and spoilage while keeping the flower fresh, flavorful, and potent. Following this process correctly can keep cannabis and hemp flower “fresh” for 3-6 months or longer if stored properly. However, even with the most disciplined processes and practitioners, eventually, all organic materials begin to break down from exposure to the elements. 

Much like our dried oranges example above, cannabis and hemp stored in suboptimal conditions are more susceptible to “rot” and can lose everything that makes them special. Light and temperature can contribute to the degradation of these natural features, but the biggest factor in terpene degradation is moisture content – or the lack of it. Moisture helps to preserve these compounds for prolonged periods of time.

What happens to the terpene profile and moisture content of cannabis and hemp over time?

On average, 12% of all cannabis and hemp biomass is moisture. As that moisture evaporates, it takes valuable terpenes and other essential oils with it leading to dry and brittle plant matter. Terpenes are naturally occurring chemical compounds found in plants that are responsible for their unique aromas and flavors. They also add and help preserve moisture. Cannabis and hemp contain an unparalleled profile of 100+ different terpene isolates that all evaporate at different rates based on temperature and humidity.  

While live terpenes smell most potent during the flowering phase, terpene degradation starts immediately after the buds are cut from the stem. This happens because terpene oils, especially the most pleasant ones found in tiny amounts, tend to have low-temperature tolerance thresholds and evaporation levels. Once these terpenes have evaporated they will not be replaced by the living plant after cutting. This is why curing and storage is so important post-harvest. The curing stage allows for the terpene profile to mature but, even during this process terpene potency will continue to weaken.

When flower is stored below 50-55% RH (Relative Humidity) it leads to the fragile cannabinoid and terpene-rich trichomes to become brittle and break off. This lowers potency and causes the terpenes to evaporate with the remaining moisture content. The longer cannabis and hemp are stored in these conditions, the less potent, flavorful, and aromatic they become. On the other hand, going over 65% RH is in the danger zone of where mold can thrive and wreck a harvest with bona fide rot. 

Who is affected by terpene and moisture degradation?

In short, terpene degradation affects everyone. Growers see the most significant profit loss as evaporation can take pounds and pounds of cannabis away from their final numbers in as little as 14 days. Dispensaries also see a loss of profit as the flowers dry during transit and while sitting on the shelf, making it so that they paid for more than what they actually ended up selling to their customers. 

In the end, consumers are eventually the ones left holding the bag. Not only is the flower at its highest degradation stage by the time it gets into their hands but loss in weight can turn a pre-packaged 3.5g eighth into 3.15 grams or less. 

The example in the graphic below outlines how moisture degradation affects both yields and profit. 

How can you stop your cannabis from drying out? 

Using orange peels and pieces of bread for rehydration used to be the norm in what feels like ages ago. In the more recent past, cultivators, dispensaries, and consumers alike have relied heavily on moisture-control products like Boveda brand or Boost brand humidity packs. These products can help to keep moisture in the 50-65% optimal range. However, they do have their drawbacks. 

The humidity packs have a definite shelf life and in extremely dry conditions, they can’t keep up with the rate of evaporation – almost to the point where many claim they don’t actually work. While they can help maintain some moisture content, they can’t rehydrate buds that have gone below the 50% humidity threshold. This makes them closer to a moisture stabilizer of sorts than a moisture booster or replenisher. Beyond using the aforementioned “ancient ways” to rehydrate abused cannabis flower, these packs have been the only option available to the industry. 

However, recently a new product on the market called the “Cure-Egg” has been making waves and has been proving invaluable when it comes to product reclamation and preservation. The Cure-Egg’s patented ergonomic design and utility works in a similar way to the hydration packs but boasts the ability to rapidly rehydrate biomass in a few days’ time while staying under the mold growth threshold. 

In addition to its ability to quickly rehydrate cannabis and hemp flower it also comes with the added benefit of terpene infusion to counteract terpene loss. Oftentimes beautiful-looking flower is grown but it somehow misses the mark when it comes to the nose. This product could be a game-changer for farms, dispensaries or anyone sitting on older product that has lost its zing from prolonged storage or errors in production. 

Users are quickly finding out that they can take less than premium flower destined for the world of “affordable pre-rolls” and easily turn them into a flavor and aroma-packed desirable product that doesn’t have to come at a discounted price. Time will tell if this product will become the next industry staple but one thing is for certain, innovative new products are definitely shaking things up.


Peak Supply Co provides the first true all in one solution providing terpenes, vape cartridges, package design and production, helping clients progress from starting creative to finished product. 

Member Blog: Cannabis as a Performance Tool 

By Dr. Dominick Monaco, CLS Holdings

As we make our way closer to 2022, the world is also entering a new paradigm for the cannabis industry. Due to advancing global legalization efforts, cannabis use is gaining mainstream acceptance for the first time in history. With these shifting perspectives also comes the rapid deterioration of traditional stereotypes. 

Today, cannabis is not only widely regarded as a legitimate medicine, but many people also look to it as a performance tool. To this end, the endorsement of the herb by pro athletes, media icons, and high-powered executives has again turned our conceptions of cannabis on its head. 

With such rapidly shifting perspectives, we are witnessing a monumental moment in time where propaganda is being replaced with factual evidence. As things evolve, active people are not only endorsing legalization, but many swear by cannabis as a performance tool. 

Indica and Sativa

The more places that legalize cannabis around the world, the more opportunities we have to study cannabis in controlled settings. As our knowledge expands, so does our ability to use specific compounds in cannabis to aid particular activities. 

In the early days of legalization, broad terms such as “Indica” and “Sativa” were used to describe just about every attribute of cannabis – including both product descriptions and psychoactive effects. To this end, Indicas are widely accepted as calming, while Sativas are known to be energetic. 

Terpenes & Strains 

While the effects of Sativas and Indicas are still widely accepted across the industry, we are also beginning to see a much more nuanced approach to cannabis consumption. Especially when it comes to performance, a more granular perspective of cannabis is necessary. 

To maximize the performance benefits of cannabis, it’s critical to understand the constituent parts of the cannabis flower. By understanding the effects of different strains and cannabinoids, and terpenes, people can better choose the right products for their performance needs. 

Notable cannabinoids and terpenes and their effects:

  • Tetrahydrocannabinol (THC): Cannabinoid that provides energy and focus during activities helps boost creativity. Pain reliever after physical activity. 
  • Cannabidiol (CBD): Cannabinoid that relieves anxiety before and during performances. Pain reliever and anti-inflammatory agent after physical activity. 
  • Cannabigerol (CBG): Cannabinoid, which promotes motivation and stimulates pleasure. Pain reliever and anti-inflammatory agent after physical activity. 
  • Beta-pinene: Terpene believed to act as an anti-depressant
  • Caryophyllene: Terpene with anti-inflammatory properties. 
  • Humulene: Terpene thought to provide energy

CLS Holdings’ own City Trees developed several popular products based on the effects of certain cannabinoids and terpenes. Their Calm, Relief, Rest, and Energy distillate vape cartridges offer simplified shopping experiences for new cannabis consumers. By building product messaging around the effects of the products, they help people understand exactly what they are purchasing. 

Physical & Mental Performance 

While a detailed assessment of the compounds found in cannabis can go a long way, you must also account for your specific performance needs when finding the right cannabis product. Depending on how your body and mind react with cannabis, you can utilize it to help with physical activities and cerebral pursuits. 

Whether you are interested in feeling more energized for your workout routine or getting the creative juices flowing for a writing assignment, there is likely a cannabinoid and terpene combination to suit your needs. 

Olympic gold medalist snowboarder Ross Regalati swears by cannabis during both training and competition. The famous Canadian snowboarder feels cannabis “improves concentration” and is great for training because flowers are both “fat-free and calorie-free.” While no longer a professional snowboarder, Regaliti is still a world-class athlete. Today, his choice cannabis strain for exercise is the Sativa-dominant hybrid Bruce Banner. 

The famous female vocalist Alanis Morisette swears by cannabis as part of the creative process. In an interview with High Times, she states, “As an artist, there’s a sweet jump-starting quality to [marijuana] for me… So if I ever need some clarity… or a quantum leap in terms of writing something, it’s a quick way for me to get to it.” Morisette can utilize the right cannabis product for her needs and push through creative boundaries and explore new territories. 

Tips for Finding the Perfect Fit 

While studying different terpene profiles and cannabinoids is a great way to learn about the effects of cannabis, you also need to consider your physiology. Notably, a cannabis product that works well for one person won’t necessarily do the same with another. 

For example, if you are an introverted, anxiety-prone person, using an energetic strain like Diesel for a social situation might not be a good idea. In this case, a mellow Indica CBD hybrid like Cannatonic might be just what you need to feel relaxed and engaged. Yet, a naturally extroverted person would likely enjoy an energetic strain for social situations and need the CBD hybrid to wind down at the end of the day. 

If you aren’t sure what cannabis products will work for you, we recommend visiting a credible dispensary with well-trained budtenders. Once you have sound recommendations, always start small when experimenting with new cannabis products. With a bit of careful trial and error, you will likely discover cannabis products that can help you with anything from enhancing your workout to stimulating your sex life. 

Summary 

Having been on pain management therapies since the age of 17 for my Kyphosis, I now rely solely on concentrated cannabis extracts to manage my pain and keep my Activities of Daily Living at peak performance. Being diagnosed at 17, I was prescribed 1x Hydrocodone per day to manage my pain. By the time I graduated from Pharmacy School, I was taking 18 pills a day (540/month) to manage my pain and the side effects of other medications. It’s been 8 years since I’ve taken a prescribed medication and cannabis and cannabis products have replaced every medication that I was on prior. I’m grateful and humbled to be a key member of a team that produces the very own products I use to manage my health and wellness.

Looking back just a few short years to the genesis of legal cannabis, it’s remarkable to see how far we have come. In the industry’s early days, people didn’t have the luxury to match a specific cannabis product to a particular performance need. Not only was our knowledge of cannabis not sophisticated enough to accomplish this task, but Good Manufacturing Practices (GMPs) were still lacking in the early days. 

As our knowledge of cannabis continues to expand, so does our ability to make informed decisions on the products we use. Whether you are a trail runner who enjoys a Sativa before you head to the mountains, or a musician who likes to settle into practice with hybrid flowers, some careful study will lead you to the right products for your performance needs. 

During this period of rapid change, it’s exhilarating to see negative stereotypes of lazy cannabis users finally being upended. Even more, it’s incredible to witness pro athletes, high-powered executives, and famous artists not only advocate for legalization but openly promote cannabis as a performance tool. 


Dr. Monaco is the Director of Laboratory Operations for CLS Holdings’ newly opened approximately $4 million laboratory, and is responsible for all day-to-day operations inside the North Las Vegas facility. Dr. Monaco brings over 8 years of licensed & regulated cannabis experience, starting back in 2012 when medical marijuana first opened in Arizona, he has held numerous positions, with escalating responsibilities year over year. He graduated from the University of Arizona College of Pharmacy, in Tucson, Arizona, with a Doctor of Pharmacy in 2010.

Member Blog: Pitch Deck Creation – Attracting the Right Investors

David B. Wilkinson, Co-Founder of The Hemp Business Advisors, Inc

Although it should have taken only a few weeks, it took three months for our team to craft one of our most successful pitch decks. Why? This was an extremely complicated cannabis organization with a holding company that had ownership in numerous LLCs, various product brand companies with varying financial needs. Eventually, all of the complex components were streamlined, and the investment package was simplified, resulting in a stellar pitch deck that was pre-approved for $20.5m. But how was this accomplished?

The Three Key Pitch Deck Secrets

There are three main secrets that we have found when reviewing, revising, and creating pitch decks across the cannabis industry. Below are a few concepts we consider when crafting a fundable pitch deck for clients:

The Investor’s Criteria

Depending on the amount of funds that a company is seeking to raise and the ROI structure, each entity is placed into one of two categories: a. Angel/VCs or, b. Investment companies/family offices. Once determined which category you’re in, you’ll have a greater understanding of your target audience. Unfortunately, after interviewing over 300 cannabis companies, we’ve learned that most pitch deck creators do not know who their target market is, and therefore are unclear in their pitch deck offering. Rather than presenting yourself, your company, and your idea to an investor, it’s vitally important that you know the criteria each investor wants to see before crafting your pitch deck. 

For instance, we recently reviewed an amazing cannabis pitch deck that was seeking $65M for its first phase to gain seed capital. Since the company is pre-revenue and the proof of concept still being developed, in our three-page analysis we stated that the wording would need to be geared toward an Angel/VC audience since they did not fit the Investment Company criteria. 

The Graphic Design

The quality and layout of the graphics used within your pitch deck cannot be understated. In fact, the quickest way to end any form of communication with an investor is to present a low-quality pitch deck with pixelated graphics, photos without uniformity, or those that lack a modern feel. We know many companies that decided to save money and “wing it” only to discover that seasoned investors make lightning-quick decisions based on the quality of what they see. The secret? Ensure that the quality of the deck matches the size of the raise. 

The Blending Formula

What is the primary purpose of a pitch deck? Is it: a. Educational, b. Motivational or, c. Financial? The answer is, of course, all three. However, very few companies know how to skillfully blend these components together effectively and in proper proportion. The majority of pitch decks only focus on thoroughly educating the investor, droning on and on, page after page, citing the facts and statistics of the industry. Competitive advantage, product efficacy, and detailed projected growth charts and graphs are better left in the business plan. Seasoned investors are masters in their industry and are looking for a pitch deck that lightly educates and motivates them through interesting concepts that make financial sense. 

In Conclusion

The purpose of a pitch deck is to be a visual representation of the company’s integrity. It reveals a true picture of the value that the team places on the future success of the company. Although it’s now easier than ever to gain funding (especially thanks to tokenization), the first step is to craft a pitch deck that attracts the right investors who will want to fund your cannabis dream. 

May this be your year to accomplish all that you and your company could imagine.


David B. Wilkinson is the Co-Founder of The Hemp Business Advisors, Inc., and the Founder & President of The Investment Training Institute, LLC. For over 20 years he has been providing executive coaching across various industries but his passion for the Cannabis plant and the people who are connected in this space, are his target audience. He also speaks at conferences across the U.S. on funding, pitch deck creation and other types of business topics. He is directly involved in vetting cannabis companies who are looking for funding and trains business owners how to gain capital effectively.

The Hemp Business Advisors, Inc., was founded in Fort Collins, Colorado in 2018 and has been a platform for connecting companies across the cannabis Industry, creating dynamic business curriculum that is tailored to the needs of the industry and providing online and live presentations that motivate, inform and equip business individuals who are seeking to increase their company’s financial growth.

Member Blog: Protecting Your Cannabis Business from Ransomware

by Eric Schlissel, CEO/CTO of Cure8

Ransomware is everywhere in the news lately. It caused the shutdown of the largest refined oil pipeline in the U.S.; disrupted the operations of the world’s largest meat processing company; and continues to disrupt operations at hospitals around the world, even as the pandemic has surged and waned and surged again. 

The question many cannabis businesses are asking themselves these days is – could I be a target, too? 

The answer is yes, since ransomware gangs target businesses of all sizes and in all industries, including cannabis. At the same time, there are a couple of reasons why many cannabis businesses are less likely to be targeted, which we’ll get into.

What Is Ransomware?

By definition, ransomware is a type of malware that encrypts your files so that they’re inaccessible and demands a ransom in the form of cryptocurrency in exchange for a decryption key to restore your data.

Ransomware is designed not only to encrypt the files on the device it infects, but also the files on anything that the device has access to, including other computers, servers, company file shares, and backups. You can run into a situation where literally all your company’s important files are encrypted before you even realize what’s happening.

Why Windows Is Key

Most forms of malware, including ransomware, are designed to target Windows devices only, mainly since it’s the most popular operating system (OS) in the world and the one that most businesses use.

Fortunately for cannabis companies, most of their actual operations don’t rely on Windows. Most cannabis point of sale (POS), enterprise resource planning (ERP), and cultivation software and industrial systems are non-Windows or cloud-based, though there are a few exceptions to this including BioTrack.

A lot of their most critical data – including track-and-trace and inventory and transaction records – are on these non-Windows platforms, and so are relatively safe from being encrypted by ransomware.

Still, a lot of them still use Windows PCs and servers in their back offices and headquarters. 

So while a ransomware infection might not be a complete disaster for most cannabis businesses – resulting in days and weeks-long outages and recoveries for the entire company – you still have to worry about critical administrative and other non-operations data being encrypted, as well as whatever damage hackers might do with access to your back office and HQ networks, including stealing intellectual property and banking info. 

Protecting Yourself from Ransomware

Firewalls

Network-level firewalls, the IT equivalent of a dispensary security guard checking IDs at the door, can protect you from ransomware by blocking traffic from unknown, suspicious, or blacklisted domains (keeping hackers from both entering your network and transferring data in and out); preventing users from accessing malware-laden sites like adult, gambling, and piracy sites; filtering out malware and spam; and alerting you to suspected intrusions.

Employee Training

The most common source of ransomware? Employees doing things they shouldn’t, like opening attachments in emails from people they don’t know, getting tricked into entering their passwords into phishing websites, visiting websites they shouldn’t be accessing at work, or setting passwords that are easy to guess. Make sure to train them on how to use IT securely when at work.

Secure Your Windows Machines

Including by protecting all Windows machines with strong passwords; setting up encryption (the good kind that prevents hackers from accessing your data); never giving users admin-level Windows access; requiring that users get permission before installing applications; giving users access to only the applications, files, and servers they need access to; applying security updates as soon they’re released; and installing antivirus or enabling Windows Defender.

Backups

Backing up your data won’t prevent a ransomware infection, but it will allow you to recover your data without having to pay the ransom. Just make sure your backups are isolated enough from the rest of your system that 1) your backups aren’t encrypted; 2) you don’t overwrite your backups with the encrypted versions of your files; 3) you don’t back up the ransomware itself.

Ransomware Isn’t Just a Threat, It’s a Wake-Up Call

We don’t know all the details about the Colonial Pipeline hack, but recall that it reportedly wasn’t actually ransomware that brought down the pipeline itself. Instead, ransomware affected some other areas of the company, and Colonial shut down the pipeline to be safe and determine the full extent of the hack.

So just because your most important applications and data are relatively secure from ransomware doesn’t mean you’re not susceptible to hacking in general.

Even if hackers break into your systems and can’t encrypt your files to hold them for ransom, they can still:

  • Steal credentials
  • Lock you out of your accounts
  • Steal sensitive data including intellectual property, banking info, customer data, embarrassing emails, etc. and leak this data on the internet
  • Use their access or stolen information to trick employees into wiring them money

So don’t view ransomware just as a threat in itself that may or may not affect your business. Cyber attacks existed before ransomware and will still exist after it, if they’re ever brought under control. 

View it as an opportunity, now that IT security is as on the top of everyone’s mind as it’s ever been, to take a serious look at your IT security and make the needed investments to protect yourself against both current and future threats.


Eric Schlissel is the CEO/CTO of Cure8, one of the world’s leading cannabis IT services providers. His company helps dispensaries, distributors, manufacturers, and cultivators throughout the U.S. and Canada to plan, install, secure, manage, and scale their IT.

He has been a featured panelist at many cannabis industry events, including those put on by the NCIA and CCIA. He’s also a respected IT thought leader outside of the cannabis industry, being quoted in publications such as Wired, the Los Angeles Times, InfoWorld, and Information Week. Outside of work, Eric can be found gardening with his two small children, trying to perfect the feat of growing a thriving basil plant and ripened tomatoes at the same time. He is currently developing in the fine art of bourbon tasting, enjoys travel, and is a foodie-wannabe.

Committee Blog: Don’t Wipe Out – Riding the Wave of Cannabis Standardization

by NCIA’s Facilities Design Committee

Staying ahead of the quick rollout of state, national, and international cannabis regulations is a huge and complex challenge. The patchwork of more than three dozen (and counting) different state regulatory regimes remains disconnected as cannabis remains federally illegal as a Schedule I drug. The framework of regulations and standards that guides allied sectors such as Foods, Dietary Supplements, Pharmaceuticals, or Tobacco is just beginning to take shape. Where do you look for guidance? How do you choose how to invest, how to design your operation, and how to produce?

There are a number of considerations and industry-relevant organizations to become familiar with when looking to conduct business in the cannabis space. In doing so, businesses can operate more successfully and mitigate risk. Risk should not be underestimated – many cultivation and manufacturing facilities will fall seriously short of the expectations of agencies such as the Federal Food and Drug Administration (FDA), Occupational Safety and Health Administration(OSHA), the Environmental Protection Agency (EPA), if risk, both business and consumer health and safety, is not considered upfront. Market pressures will build quickly as brand-savvy companies with significant capital and operational expertise enter the field. One way to avoid wiping out – is looking to national and international standards, guidelines and regulations already in place. For a comprehensive list of relevant standards regulatory bodies, refer to our recent blog post here.

As standards continue to be developed by industry experts for adoption by regulators, businesses can be empowered to run their operations with more predictability and reliability knowing that they demonstrate compliance with approved industry guidelines. Laboratories will have access to valid test methods and reference materials. Equipment specifications will require globally accepted certification marks or labels (such as CE or UL) which ensures safety and longevity of operations.

What is the cost of not adhering to established standards?

A simple batch loss can easily exceed tens of thousands of dollars of lost product, let alone the damage to your brand, labor costs surrounding rework, and relationships with your clients. Crop and batch losses due to subpar equipment sourcing, processes that are not validated, and worse – risk of fines or losing your license are all symptoms of a business lacking standardization.

Credible standards – they are data-driven, go through a rigorous and transparent process. In most cases, these standards were developed with input and guidance from federal and international regulatory agencies.

Here is the snapshot today. Read it fast, because it may be out of date next month: 

The NCIA has several relevant committees sharing best practices and developing guidance for our industry.

ASTM International, one of the oldest and most recognized Standards Development Organizations (SDO) formed Committee D37 on Cannabis in 2017, and has already approved over 25 standards that provide guidance on key areas such as: 

AOAC International, another 100+ year old SDO has a Cannabis Analytical Science Program (CASP) where cannabis standards and methods have also been developed – principally in the area of product standard method performance requirements (SMPRs) and methods of analysis such as:

You don’t have to put your business at risk of wiping out! The resources that NCIA Committees continue to create have your best interest in mind. Stay tuned to ensure you have the latest resources and guidance!

Member Blog: 8 Ways Not to Blow it with Cannabis Customer Acquisition

by Jim Coyle, Coyle Hospitality Group

Cannabis dispensaries are at a crucial inflection point: as dispensaries become ubiquitous in consumer markets, the stigma of purchasing cannabis products is declining rapidly. What does this mean? Cannabis consumers with significant discretionary income are ready to begin with their first dispensary experience. 

It is absolutely crucial to acquire these customers early in the lifecycle before your competitors capture them. The good news is that this first experience offers incredible potential to create a loyal and accretive customer. The bad news is that it is really easy for the cannabis dispensary to completely blow it.

Let’s take a page out of the luxury hotel operator playbook. They really get to know new guests, and they use what they learn to mint those guests into repeat customers who continually increase spend and refer like-minded customers. 

Hoteliers talk and strategize about the Guest Journey. They track the touchpoints that guests encounter during the stay, and create service standards (like the 10&5 Rule described below) for these ‘moments of truth.’ For your staff, the Guest Journey begins with arrival and ends with departure.

Here’s how the best hoteliers prosper, and how cannabis dispensaries can participate.

Watch What You Say. Words Matter.

Terms like users, consumers and customers are words that don’t exist in hotels. Their customers are guests. And here is why that is both useful and critical. Every person in every culture receives guests, not customers, into their homes. Your staff needs to be thinking that the dispensary is their home and they are receiving guests there. 

The 10&5 Rule: Know it, Love It.

When guests are in the proximity of a staff member, staff makes eye contact at 10 feet and greets first at five feet. Also called ‘having your radar on,’ ensure your staff understands this golden rule and practices it. Never burden your guests with having to begin a guest interaction. Extra credit if your staff acknowledges guests in line.

Make Curb Appeal, Curb Capture.

Details matter. Signage is where new guests’ eyes go first, and it should look professional – perhaps even homogeneous. Funny names, caricatures and double-entendres risk alienating new customers before they pull into your lot. The quality of the signage must absolutely be pristine. Chipped paint, dirt, or poorly lit signage sends out a constant radio signal that a business doesn’t pay attention to presentation or detail.

At a luxury hotel, the grounds are impeccably maintained and the point of entry is like a stage. You don’t need a grove of regal palm trees in your drive to make a good impression, but neatly cut grass, a perfectly maintained parking area, sidewalks free of cracks, and a front door that looks well cared for are table stakes.

Make Your Doorman a ‘Welcome Man.’

Often, dispensaries have a staff member at the door checking identification. It’s a mistake to view this interaction simply as compliance. If the door staff are provided a seat or something to rest on, have them rise to their feet when a car pulls in and make sure they hit the 10&5 every time.  

Have you ever arrived at any hotel and seen the door staff sitting down? People interact naturally with each other standing up, ‘in-person.’ New guests are going to learn a lot about your dispensary from this initial encounter with your staff. Don’t blow it by making it solely about checking ID. Checking an ID is a transaction. Welcoming a guest is engagement. Speak in full sentences and start with a greeting. “Good morning/afternoon/evening” works every single time, and why not add the word ‘welcome’ to set the tone? Eliminate the meaningless ‘How are you?’ and do away with the command, ‘ID Please.’ First impressions are everything!

There is no need to be stiff or formal, but retire phrasing like ‘no problem,’ ‘thanks guys,’ and ‘how are you doing’?

‘The Luxury Concierge’ Starring Your Budtender.

The concierge is central to the luxury hotel experience. Concierges are experts as it pertains to everything a guest needs, but they are much more than that. A concierges’ main purpose is to surprise and delight guests. Why? Because surprise and delights create deeply emotional reactions that not only last a long time, they lead to storytelling.

In order to surprise and delight, the concierge/budtender must first be disarming and approachable (10&5 Rule, again). A real smile, focused eye contact and at-the-ready posture tells the guest ‘you can trust me.’

Next, the master concierge/budtender will engage and connect by reading the guest for cues, asking relevant questions, and then – and only then – beginning the collaboration. In a hotel, the family of four shlepping suitcases gets the same greeting as a tense-looking businesswoman… but the master concierge offers them very different surprises and delights. 

‘What and how’ questions are the cornerstone of collaborative guest interactions. Asking questions that can be answered with a simple ‘yes’ or ‘no’ is not only unproductive, but it can be misleading. ‘What brings you in today?’ is so much more powerful than ‘can I help you?’

With the above said, it is so important for your staff to be authentic. Stay away from scripts, and insist on outcomes. Let the guest do most of the talking; your staff needs to be using their eyes and ears – not their mouths – as meaningful guest interactions start to unfold.

For instance, when a guest asks a concierge for a restaurant recommendation, it doesn’t just end there. The concierge will instead ask what kind of restaurants they like, if there are places in which they are already interested, who will be dining, or if there is a special occasion. Within 30 seconds, the concierge can learn that the guest is celebrating a birthday and that people in the party don’t like noise.

A good rule of thumb is to answer a question with a question that advances trust and engagement. ‘Do you have edibles?’ is better answered with, ‘Certainly, we have a lot of varieties that are popular, what types of edibles are you interested in?’

Guest Appreciation Equals Business Appreciation.

Okay, so the guest has arrived and had a positive first impression; your budtender probed a bit and has the guest excited to go home with some really great products. Don’t let this end on a transactional note dictated by the payment process.

Appreciation needs to be shown before the payment begins, making it a singular, impactful act. Don’t let meaningful guest appreciation get muted or lost in the process of exchanging payment for goods. So many retail transactions end with the tasks of discussing payment, bagging products, and closing out the sale.

Thank the guest for coming in today. You can compliment and/or thank them for sharing useful information with you. You can express your enthusiasm for the purchase decisions they made.  

Your new guest has just agreed to trust you and your team with their health and lifestyle. Again, avoid scripts, but challenge your staff to create an outcome where the guest really feels appreciated.

Ask for More Business.

What’s the best thing you could hear when you have had a great stay somewhere? An invitation back.

People love to be invited back. Instead of, ‘thanks, come again,’ why not tell the guest that you can’t wait to hear how they like the gummies, or ask for feedback when they return. Pairing the invitation to come back with a request for feedback is how a relationship with your customer is made.

Hire What You Cannot Train.

Time and again, top hotels hire great people. And while training and learning/development is central to hospitality, there are some things you simply cannot train people to do or be. When we ask leaders about their best staff members, the following traits consistently arise:

An Innate Desire to Help.

The best staff are the first to hold a door, offer directions and clean up the dishes. They don’t have to be trained to jump in and help.

Curious Extroverts.

The best hotel staff lean in, they like talking to people and are not afraid to chat with surgeons, duck hunters, auto mechanics, and hospital patients about anything.

Passion for the Experience.

Ask a potential hire what they love most, and they will undoubtedly talk about great experiences and great relationships. They like having a great time and they want others to feel the same.


Founded in 1996, Coyle Hospitality Group is a market leader in designing and implementing mystery shopping, quality benchmarking, brand compliance and market research programs globally. The company has facilitated over 200,000 evaluations since its inception through its worldwide panel of over 35,000 professional evaluators representing its clients’ true customer profiles. Areas of expertise include cannabis dispensaries, restaurants, hotels, resorts, retail, cruises, spas, timeshares, and other high-touch experiential industries.

Jim Coyle has developed and deployed customer experience and brand measurement programs for over 500 companies in travel, property management, cannabis and healthcare. Jim is especially passionate about hospital patient experience and the ever-evolving consumer interest in experiences.

 

Member Blog: How to Avoid Compliance Issues with Your Cannabis Business

By Jo-Anne and LaKia, Greenspace Accounting

All businesses must adhere to tax rules and regulatory compliance, but for cannabis companies, the laws are significantly more challenging to navigate. The cannabis industry has specific tax rules that differ from other sectors, and failing to follow them can result in severe financial and legal implications.

At Green Space Accounting, we know that managing your finances as a cannabis company can be much more complicated than the average start-up. Keeping a compliant financial system in place is not always easy with constantly changing state laws and regulations. 

Here are a few tips on how to avoid compliance issues with your budding cannabis business.

Have Your Business Documentation in Order

One of the first steps to staying compliant is to have all the appropriate financial information and licensing for your business on hand. 

Always be prepared with copies of your cannabis license, information from your seed-to-sale tracking system, and your point of sale software records. Having this paperwork, along with legal documents like operating agreements, Articles of Incorporation or Organization, and EINs will ensure that you have a fully compliant relationship with your bank, as well as local and state government. 

It’s also a good idea to have detailed records on all sales transactions within your business, especially ones dealing with cash. Cash is used more frequently in cannabis dispensaries than in other retail industries. Having proper cash-handling procedures in place can save you from theft and keep you ready for any unexpected auditing. 

Stay up to Date with State and Local Regulations

It’s important to remember that regulations surrounding cannabis change over time, so monitoring your state legislature and all applicable state and local agencies is crucial to keeping your business compliant. By making yourself aware of the rules for the cultivation, manufacturing, and distribution of cannabis, you can avoid the risk of fines or legal action and build a better relationship with your local government, law enforcement, and, most importantly, customers. 

One way to stay up to date with regulatory compliance laws is to consume state and industry news surrounding cannabis daily. Not only do these publications keep you informed on business and consumer trends, but they also avoid complicated legal jargon, speaking directly to business owners in a way that’s easy for them to understand. 

Here are a few recommended industry news sources:

Another great way to stay on top of state and local cannabis laws is to network and build relationships with your local regulators. While maintaining compliance internally is the biggest goal, creating an ongoing relationship with the regulators in your area can help you better understand the changes within the industry and the steps you can make to conduct business more transparently.

Develop SOPs, Training, and Reporting Systems

Think of these SOPs as a set of rules that all employees need to abide by to keep your company’s production, sales, and accounting processes consistent and safe. Having a set of standard operating procedures can help you recognize potential compliance issues and fix them before they occur. These procedures can include an employee handbook on proper handling and storage of cannabis consumables to installing a seed-to-sale tracking system for inventory management purposes. 

The best way to stay on top of your SOPs is to create reports, checkbooks, and logs in all aspects of your operations to show regulators that you are a transparent business that has a complete understanding of your state’s compliance laws. Frequent compliance training sessions are also an effective way to educate your entire team on the legal and tax regulations associated with your business.

Cannabis Payroll

To avoid issues concerning payroll, installing time tracking software for employees is also a great way to keep your staff organized and stay on top of the 280E tax code. The 280E law denies cannabis businesses federal income tax deduction for operating business expenses, which means that the wages for some employees may be deductible, and some may not be. By introducing software where employees can specify the tasks they’re doing and track the salaries they’re receiving, you’ll stay compliant with the tax code and better understand the productivity your team is generating. 

Frequently Audit your Business

Hiring an outsourced accounting team to audit your cannabis business is a great way to avoid any potential risks regarding compliance. Auditors serve as an additional, unbiased set of eyes that will examine all areas of your organization and identity aspects that might need improvement. 

If you are looking to stay on top of the legal and tax regulations for your cannabis business on a tight budget, self-auditing your company is a great way to check whether or not your training, bookkeeping, and SOPs are being appropriately implemented.  

Entrepreneurs who belong to the National Cannabis Industry Association can receive discounted access to an acclaimed compliance management platform created by Simplifiya, which gives licensed operators a self-audit checklist that helps them identify, track, and mitigate potential issues before it’s too late. The platform also provides templates for creating SOPs customized for each license type and tied directly to your state regulations.

The Bottom Line

Whether you are a start-up, a growing business, or a multi-state operator, complying with federal and state compliance laws is essential. By following the above tips and staying transparent with your employees, partners, and investors, you’ll be ready for any audit that comes your way.


Whether you’re looking for cash flow management, business planning, or internal controls, our team is dedicated to helping you achieve peace of mind when it comes to your company’s finances and compliance. We understand that the financial side of your business can be daunting, complicated, time-consuming, and most of all: stressful. You don’t need to go through it alone. Our team is prepared to help you achieve your financial goals. Whether you’re looking to earn more revenue, scale your business or achieve a little peace of mind, you can trust Green Space Accounting to guide you.

Member Blog: Want to Open A Dispensary In Oklahoma? Here’s What You Need to Know. 

by Tommy Truong of KayaPush

In Oklahoma, the cannabis business is thriving. Yes, the controversial plant that users were prosecuted for using so very recently, is on a roll. You could even say, there is a cannabis rush.

In this article, we will cover how you can go about opening a dispensary, including how to acquire a license, and some laws you should be aware of. And we will also touch on how to set up your dispensary operations and software!  Let’s dig in!

What do you need to open a dispensary in Oklahoma?

The process of opening a dispensary should go smoothly if you fill out an application form and follow the Oklahoma Medical Marijuana Authority’s guidelines. Although the costs of opening a cannabis dispensary in Oklahoma are significantly lower than elsewhere, it is critical to have accurate information and to review some of the most relevant regulatory constraints.

Let’s start at the beginning, if you intend to learn how to open a dispensary in Oklahoma for commercial purposes, you must be at least 25 years old before proceeding. You must also make the following items available:

  • Proof of Oklahoma residency
  • A tax ID number, as well as a general business license
  • Valid identification documents 

You’ll need to assess your commitment after you’ve got everything in place. Not only must you be informed of current cannabis production and sales regulations, but also of proposed legislation and revisions that may shortly come into force. 

Now that you’re certain you’re ready to make this big move, it’s time to proceed to the next step: finding a suitable property. 

You should check the following:

  • Rent cost
  • Cost of license
  • Licensing application fee
  • Employee salary
  • Transportation and storage of product
  • Security

How to get a dispensary license In Oklahoma.

Licenses for growers in Oklahoma come in the form of a certificate and are issued through the OMMA website. The charge to producers, processors, and dispensaries for applying for a license is $2,500. You must provide the following to apply:

  • A business plan
  • A financial plan
  • An inventory control plan
  • Patient education
  • Record keeping 
  • Security plans 

There are distinct rules in every state in the United States about opening dispensaries. Each state sets its own standards. You will need to study the rules that apply in Oklahoma.

The general requirement for opening a dispensary in Oklahoma is that you undergo marijuana dispensing training and acquire a license. 

How to keep your dispensary compliant in Oklahoma.

You must abide by all of Oklahoma’s strict marijuana regulations to keep your dispensary compliant. These include:

  • Complying with Metrc
  • Operating under a recognized license
  • Enlisting compliance software’s assistance
  • Consider a compliance manager

Marijuana dispensaries in Oklahoma are prohibited from selling more than the following amounts in a single transaction:

  • Three ounces of cannabis
  • Concentrate of one ounce
  • 72 ounces of cannabis

Oklahoma dispensary owners, like any other legitimate business, must pay taxes and ensure that they give the following information:

  • All cannabis-related information with other permitted firms
  • Details of batch numbers that show the weight of cannabis acquired at wholesale
  • The number of plants that have been approved for relocation to other locations
  • Batch numbers showing the weight of cannabis sold
  • Record of all items that have become obsolete

Substantial fines are imposed for noncompliance. There is a $5,000 punishment for a first infraction while a second offense will result in license revocation. Because of this, you are going to need the assistance of technology to automatically update you if the OMMA cannabis rules change. 

Understanding Metrc in Oklahoma.

Metrc is an integrated system for tracking and tracing marijuana products in real-time. Every plant and its wholesale shipment has a unique tag attached by licensees. To uniquely identify each plant, these tags use readable text, barcodes, and radio frequency identification (RFID) chips for easy identification.

Metrc is already being used in Oklahoma following the state’s legalization of marijuana. The OMMA can only see and track inventory once it has been entered into Metrc by a commercial licensee.

To get started with Metrc in Oklahoma you should:

  1. Watching their training videos and schedule training.
  2. Request online access and complete the New Business System Metrc training with your dedicated Metrc Account Manager.
  3. Connect all of your employees with Metrc and make sure they have the permissions they need for their jobs.
  4. Request Metrc plant tags, package tags, and other UID tags and document the physical receipt of requested Metrc UID tags.
  5. Assign UID tags to your cannabis items.
  6. Access the Beginning Inventory Guide in Metrc for proper guidelines and references to other important factors.

What are the dispensary laws in Oklahoma?

Cannabis laws in Oklahoma are the guidelines that every cannabis dispenser must heed while dispensing medical marijuana. Every prospective cannabis retailer will be guided by these same rules, and it is one of the first things you discover when learning how to operate a dispensary in Oklahoma.

Some of these rules include:

  • To legally sell cannabis, you’ll need a state-issued license, but CBD oil made from industrial hemp is permitted without one.
  • Patients must first obtain an authorized medical marijuana card to acquire and consume medicinal cannabis.
  • Possession of paraphernalia is a misdemeanor that carries a maximum sentence of one year in prison and a fine of $1,000.=
  • Individuals under the age of 18 are only allowed to enter a dispensary with an adult who has a valid medical card.
  • The sale of fewer than 25 pounds of marijuana is a felony punishable by a two-year prison sentence and a $20,000 fine. 

Who can your dispensary sell to in Oklahoma?

Only medical cannabis patients (or their caregivers) with valid patient licenses can shop at an Oklahoma dispensary. Medical cannabis is available to Oklahoma residents over the age of 18 who have a physician’s recommendation.

A physical medical marijuana ID card or the state’s database can be used to verify a patient or caregiver. Out-of-state persons or companies are not permitted to purchase medical marijuana from licensed dispensaries. Licensed processors can sell to other licensed processors and licensed dispensaries.

Oklahoma dispensary market size and opportunity.

Despite its accomplishments, the cannabis industry in Oklahoma is still in its infancy, and the environment is rapidly changing. Marijuana laws in the state are continually changing to make it more accessible. 

Another feature that distinguishes Oklahoma from other states is that it allows cannabis smoking and vaping anywhere that tobacco can be lawfully consumed, such as on the sidewalk or in a bar that allows smoking. As a result, Oklahoma has morphed into an industrial cannabis state with a variety of dispensary options. 

There are only a few challenges to overcome. Any sort of cannabis — from raw flowers to topical lotions, from oils and gels to vaporization and patches — can be sold by anybody who pays $2,500 for a dispensary license.

Cannabis legalization has resulted in a significant expansion in legal cannabis cultivation and distribution, as well as an explosion of related service providers in many states. Cannabis has become a lucrative business prospect for many inhabitants in the state.

What cannabis software do I need to run a dispensary?

To run a compliant dispensary in Oklahoma, you will need the following business software:

What should I look for in cannabis software? 

POS compliant system.

One of the most important technologies in a dispensary is a point-of-sale system. A compliant POS system will make sales transactions easier for your dispensary’s staff and provide the greatest payment options for customers. A POS can help run the following tasks:

  • Regulate inventory control and legal compliance
  • Manage customer check-in and ensure that your customers follow the daily sales tracking guidelines
  • Assists you in automatically rejecting transactions for people who are not authorized to buy.
  • Integrate with the Metrc system, and keep you compliant.
  • Integrate with your workforce management system and give you sales insights.
  • Integrate with your scheduling software and provide labor forecasts for scheduling.
  • Produce all sales and customer reports for the approval of cannabis authorities.

Dispensary payroll software.

Integrated dispensary payroll software will assist you in managing your employees’ pay. It manages all expenses and interfaces with other systems such as personnel administration and payroll tax deductions. It makes direct contributions to the IRS and compensates employees via direct deposit. 

Another benefit of using an integrated payroll system is that you can integrate your company’s payroll with the rest of your workforce management suite; performing tasks like approving clocked hours to payroll, and running payroll in the click of a button. Dispensaries who used this type of system report saving 5 hours per week on running dispensary payroll. 

Scheduling and time tracking software. 

Also known as workforce management software, integrated scheduling and time tracking software makes creating staff schedules, and managing staff hours very hands off. With this type of software, you are able to create schedules remotely, and staff can request shift swaps or time off. With time tracking, staff can sign into work using facial recognition technology, and staff-approved hours can be streamlined to payroll – so staff who clock into their shifts, get paid with the click of a button.

Dispensary HR software.

Recruiting, hiring, interviewing and onboarding can take up a lot of time. Especially when staff have important documents they need to sign, and criminal record checks that need to be completed. With dispensary HR software you can automate recruiting, and onboarding, by having staff onboard themselves and sign digitized documents. 

A Security system.

A good security software system with cameras to monitor what goes on inside and outside your dispensary should be paramount to ensure your dispensary remains compliant. You will need a system where you can monitor all the affairs of your dispensaries at one glance without being in different places at the same time.

Inventory management software.

You require some software to help you manage your inventory, and the process of placing orders and confirming inventory counts from your vendors. You’ll also need a system that will remind you when new orders are needed when it detects product shortages.

Website.

If you are in a state that allows e-commerce for dispensaries, a website should be a top priority for competing for top rankings in today’s market. Because of technological advancements, you may now open an e-store where customers can buy cannabis online and have it delivered to their doorsteps.

Your website should be able to collect KYC information from your consumers to verify their identities and eligibility to acquire cannabis products, so you can be confident you’re following the cannabis serving guidelines. If you deliver a cannabis product to someone who isn’t eligible for it, you’ll be breaking the rules guiding cannabis consumption, and this might be a huge risk for your new business.

Metrc. 

Metrc, also known as Marijuana Enforcement Tracking Reporting Compliance is a regulatory compliance system and was built to keep track of cannabis cultivation, preparation, and packaging. Basically, Metrc is a database for tracking cannabis from seed to sale, and identifying it using RFID tags. 

In Oklahoma, you must submit data to Metrc to run a compliant dispensary. Reporting to Metrc can be done manually, however cannabis-specific POS systems are offering a Metrc integration, meaning it is done automatically for you as you sell your product. 

What else do I need to know?

Now that we have covered all the technical and operational bases, the rest is up to you.
Other key parts of opening a dispensary include considering where your store might be located, what your brand value and vibe will be, and how your product and store will look.

Marketing should also be a consideration, as well as staff training, and company culture.
Many new cannabis entrepreneurs hire consultants to help them navigate these areas.
For now, we hope this has been a helpful way to get you started.


Tommy Truong is the Director of Partnerships at KayaPush; the cannabis software helping dispensary owners manage their HR, scheduling and payroll all from one easy to use platform. KayaPush also integrates with leading dispensary POS systems, giving you an end-to-end solution.
Tommy loves hot sauce, fried chicken, and running with his Boston terriers.

Equity Member Spotlight: Next Level Edibles – Anthony Jenkins Jr.

This month, NCIA’s editorial department continues the monthly Member Spotlight series by highlighting our Social Equity Scholarship Recipients as part of our Diversity, Equity, and Inclusion Program. Participants are gaining first-hand access to regulators in key markets to get insight on the industry, tips for raising capital, and advice on how to access and utilize data to ensure success in their businesses, along with all the other benefits available to NCIA members. 


Tell me a bit about your background and why you launched your company?

I was born in Hayward, California and spent most of my childhood in Mesa, Arizona, and in the Bay Area, in Northern California. After high school, I spent some time at The Farm (Stanford) and graduated from The House (Morehouse College). 

Next Level was started almost 10 years ago. During a particularly trying part of my life, a medical professional recommended antidepressants and anti-anxiety medicine for symptoms I was experiencing. Taking these drugs made me feel slightly better, but came with a host of other problems; twitching, irritability, weight gain. I needed another solution. 

In college, I experimented with cannabis and as an adult, I found that it alleviated my symptoms without the side effects. Unfortunately, the halflife for cannabis is only 90 minutes which wasn’t nearly long enough to cover my full workday. I learned about edibles and how they can last for 4 to 6 hours and I was really attracted to their lack of smell. As a business professional, a deal could be broken if I smelled like cannabis. Edibles did not have a negative connotation and were perfectly discreet for my work environment. 

Unfortunately, edibles only came in two different types at this time period: tasty, but completely lacking on potency, or absolutely disgusting and potent. No one should ever need a chaser for their edibles. The industry was ripe for a company with absolutely delicious products that could also provide a strong dosage.

What unique value does your company offer to the cannabis industry?

Next Level empowers people to infuse any food or beverage and accurately dose it for higher tolerances. With our products, the home cook can imbue any dish her heart desires and the morning warrior can add a kick to his favorite hot beverages.

Cannabis companies have a unique responsibility to shape this growing industry to be socially responsible and advocate for it to be treated fairly. How does your company help work toward that goal for the greater good of the cannabis industry?

When we started this venture, there was not much information out there about equity cannabis companies. Realizing there are probably many other minority entrepreneurs trying to start a cannabis business, I started a Facebook group called CES (Cannabis Equity Success) to help disseminate information about equity programs across America and to raise the profile of equity companies to support. In addition, I’ve been assisting new entrepreneurs to get connected with resources to see their vision come to light. As a minority-owned business, it is very important that we celebrate and support other businesses owned and operated by women, veterans, those with disabilities, and people of color. 

It is Next Level’s vision to support these minority-owned businesses. Partnering with women-owned businesses, like Changemaker Creative, not only makes good business sense as they are local leaders in the industry, but also allows us to gain key insights into our target market. The owner and head creator, Lilli Keinaenen, is able to provide details and cater designs that appeal directly to her demographic. Other awesome women-led companies that are our strategic partners include our copacker, the Galley, and Supernova women.

In our distribution chain, we work with BIPOC owned companies like Local Equity Distribution and Breeze which provide jobs and revenue to the people and communities negatively impacted by cannabis arrests.

What kind of challenges do you face in the industry and what solutions would you like to see?

The biggest challenge we face in the industry is getting dispensaries to buy small company products. We are a small “mom and pop” owned by family members from Oakland, CA. It’s more challenging to get dispensary buyers to sit down with us because they prefer to save their time and shelf space for the larger established brands. One possible solution for this problem is to have each dispensary dedicate a certain portion of its stock to legacy brands/small mom and pops/equity companies. 

The other challenge we face is getting access to capital. This is a bootstrapped venture, and issues in cannabis take a lot more time and money to solve than other industries. Unfortunately, there are not a lot of angel investors or investment companies putting money in cannabis and even less in minority entrepreneurs. The solution for this is to make the investment world much more equitable and inclusive. 

Why did you join NCIA through the DEI Scholarship Proogram? What’s the best part about being a member?

I joined NCIA through the DEI Scholarship Program for an opportunity to learn best practices for my industry and to network with the finest minds in cannabis.

 

Member Blog: Commercial Property Assessed Clean Energy (C-PACE) – A Competitive Funding Source for the Cannabis Industry 

by Dr. Teresa Smith, Ebee Management Group

The state-by-state level of legalization and expansion of cannabis continues to pick up momentum across the United States, however, the adoption at Federal level is a much slower movement. The absence of federal legalization has created a situation where federally insured lending institutions like banks and traditional investment capital markets are prohibited from funding cannabis projects. The direct result of this restriction in capital has historically forced the cannabis industry to rely exclusively on private loans and individual investors as the primary sources of development and operating capital. These sources of capital are limited in capacity and can garner interest rates from 15-25%. While the legalized cannabis industry has made great strides in removing much of the negative stigma surrounding the products and their uses, resulting in the opening of some additional funding sources such as crowdfunding and angel investors, the cost of these capital sources is still significantly above the conventional market rates. At Ebee Management Group, we would argue that the most underutilized yet best financing tool presently available for the cannabis industry is the Commercial Property Assessed Clean Energy (C-PACE).  

C-PACE is an innovative financing tool that gives owners of commercial, industrial, and multi-family properties access to long-term fixed-rate financing for energy efficiency, water conservation, and renewable energy projects. The C-PACE legislation authorizes municipalities or counties to partner with private capital providers to deliver financing options to commercial property owners for energy qualified improvements with the collection of the debt repayment through a special assessment on the property’s tax bill. The C-PACE funds provide upfront capital with 100% financing for qualified improvement often with terms up to 20 years. The resulting energy savings and reduced operating and maintenance costs typically exceed the amount of the assessment payment and often contribute to a positive cash flow to the operating budget. 

The primary caveat to the use of C-PACE for cannabis is that the property must be in a state that has passed the legislation that empowers local municipalities to provide C-PACE as a funding tool. C-PACE can be funded directly by the municipality through a bond issuance; however, most projects are presently being funded by the private equity markets. Typical terms on a C-PACE-funded cannabis transaction are 100% financing, fixed for a term up to 20 years at interest rates ranging from 7%to 9%. The maps below illustrate the current enactment of state-level policy for both cannabis and PACE.  

NCIA Cannabis State Policy Map

Map provided and maintained on the NCIA website

PACENation Map

Map provided and maintained on the PACENation website

C-PACE can be utilized for any improvement that saves energy with maximum lending limits influenced by individual state legislation and program guidelines. Typically, the maximum loan amount is capped at  20-25% of the completed appraised value and restricted to funding only qualifying improvements. Typical qualified improvements include lighting, HVAC systems, and building controls, doors, windows, roofs, and alternative power generation like wind and solar. PACE can be used for retrofitting an existing building, new construction, and in some states, refinance of existing debt. For the established cannabis market, the refinance option is an extremely attractive tool because it can be utilized to pay off higher-cost investor debt and is non-recourse to the owner. The debt is tied to the physical facility as a special assessment, not a mortgage lien, and is thus fully transferable at sale. You heard me right. If you have a  short-term hold strategy for a facility, any remaining obligation you have associated with your PACE assessment does not have to be paid off at closing. The balance of the debt follows the tax bill and transfers directly to the new owner like any other existing tax-based assessment.  

The table below outlines the benefits and features of C-PACE

Owner Benefits  Financing Features  Qualified Equipment
Lower cost capital 

Non-recourse to owner 

Preserves owner’s capital 

Debt transfers at sale

100% financing of qualified improvements

Long-term fixed-rate up  to 20 years 

Competitive interest rates ranging from 6.5%-9.5% 

Debt securitized by a special assessment on the property

Lighting 

HVAC

Controls 

Roofs 

Doors & Windows 

Insulation 

Power factor conversion

Alternative energy generation

The future of a wider array of funding options for the cannabis industry will clearly be impacted by both the ongoing adoption on a state-level and the possible federal-level legalization. Presently the pressure from states like New York and Chicago that house the two largest capital markets in the United States is leading to the expanded conversations about tapping into some of these sources of capital. That being said, arguably the best real-time solution for structuring a cannabis capital stack is C-PACE. New construction, building retrofit, or refinance, C-PACE can fill a gap or serve as a lower-cost replacement of other investment capital or equity. 


Dr. Teresa Smith leads the Strategic Growth & Development for Ebee Management Group where she is recognized as an industry expert in sustainable development, leveraging PACE financing solutions for qualified energy efficiency projects throughout Ohio and Michigan.  Prior to joining Ebee in 2019, Teresa was the Business Development Manager for the Toledo-Lucas County Port Authority where she built a robust growth process that delivered a 280% annualized increase in Property Assessed Clean Energy (PACE) loan transactions, driving loan balances from $3 million in 2011 to $47 million in 2019.  Teresa obtained a Bachelor Degree in Economics from Eastern Michigan University, a MBA in Executive Management from the University of Toledo and a Doctorate Degree in Business Management with a specialty in Leadership from Capella University.

Ebee Management Group is a full-cycle construction, finance, and energy management firm, offering our clients the most cost-effective and appropriate development strategies — never compromising integrity and quality.  We oversee every aspect of the project with a proprietary process and unique energy financing programs, delivering a custom designed, state-of-the-art energy savings solution with a guarantee to save you time, energy, and money.  Ebee offers a wide array of financing solutions for the Cannabis Industry that reduce equity requirements and replace much more expensive sources of capital.  Our flagship financing tool for new construction, renovation and refinance of commercial facilities is Commercial Property Assessed Clean Energy (C-PACE).  This financing tool makes it possible for owners and developers of commercial properties to obtain low-cost, non-recourse, long-term financing which is paid back through an annual assessment on the organization’s property tax bill.  For more information, contact Teresa Smith at 419.340.0420, tsmith@ebeeco.com or visit our website at https://www.ebeeco.com/ 

Committee Blog: Successful Retail Outcomes of SAFE Banking

By NCIA’s Retail Committee

Have you ever wondered where or how a cannabis retail business banks? You should know that it’s complicated because of federal prohibition. So what do you do? Some are finding workarounds and loopholes, others are able to obtain services with smaller financial institutions for exorbitant costs, while many others struggle to maintain an expensive, risky, and dangerous cash-only ecosystem.

The 2020 elections set the creation of four new regulated state cannabis markets in motion, and four more state legislatures followed suit in the first half of 2021, making the last year arguably one of the most consequential and momentous periods for the cannabis industry and policy reform.

However, cannabis is still illegal at the federal level, classified as a Schedule I substance under the Controlled Substances Act, despite state-level regulated cannabis markets in more than half the country. This prevents banks from doing business with cannabis companies because of fear of prosecution or reputational risk, as these businesses aren’t viewed as legal under outdated federal laws.

The cannabis industry is optimistic about the future, though, thanks to an increasing interest in cannabis, public safety, and economic development in Congress. Lawmakers in both chambers are actively debating comprehensive legislation to remove cannabis from the schedule of controlled substances and regulate it federally while repairing some of the harms caused by prohibition, but there are also incremental reforms in play that have a track record of success in the House as well as bipartisan support. Chief among them is the Secure and Fair Enforcement (SAFE) Banking Act, which would provide safe harbor for financial institutions that wish to work with state-legal cannabis businesses and allow them to provide services to the industry without fear of prosecution. This legislation originally passed the House in 2019 and was the first piece of standalone cannabis policy reform legislation ever to receive a vote or be approved by a full chamber vote.

Since then, cannabis banking has been approved in the House three more times in various forms, mostly recently when it passed the SAFE Banking Act again – and with record bipartisan support – earlier this year. The bill is now awaiting consideration in the Senate, but has yet to be taken up by the Senate Banking Committee. 

So, what does the SAFE Banking Act mean for retail cannabis businesses?

Loans, capital markets, and credit card processing are common interests for cannabis companies. Access to traditional lending is particularly important for small businesses that usually lack connections to angel investors and venture capital. However, some of the benefits of this legislation are of special interest to cannabis retailers. Check out what some of the Retail Committee members are considering to be important aspects of broadened access to banking and financial services:

Safety 

“As a retail cannabis business operator, safety is of our top priorities as it directly affects our staff, our patrons, and our bottom line,” said Larina Scofield, director of retail operations at Lucy Sky Cannabis Boutique dispensary chain in Colorado and vice-chair of NCIA’s Retail Committee. “We are required to operate as a predominantly cash business in a high-risk industry that can sometimes lead to criminal targeting; this can put not only our business at risk but also the potential individuals on-site if a targeted crime were to take place. 

“There is also no doubt that operating a cannabis business is costly, due in part to the fact that we do not receive the same benefits and protections that other businesses have; cannabis companies are also subject to higher fees in order to get similar services, if those services are available at all. Lucy Sky is fortunate enough to have banking and armored services, as well as a cashless ATM service to allow for safer money handling, but this does not come without a price… a high price. Our company pays top dollar every year in order to have banking and secured payment delivery (something that is not seen in traditional businesses), in order to provide safety for our business and to the individuals who frequent our facilities.

“SAFE Banking would mitigate that and allow for retail cannabis companies to operate without having to “constantly look over their shoulders” so to speak. It would provide an enormous sense of security in an already high-risk business, it would allow for small business owners to receive proper funding to allow for safer operations, and it is truly crucial in the progression of the industry as a whole.”

Less Cash on Premise 

“Less cash during COVID-19 is always a plus. The goal is to limit contact, and we all know cash is constantly being passed from person to person. There are plenty of studies highlighting how many germs really are on physical cash. Researchers found plenty of questionable microbes on $1 bills in a more recent study. In a world where we are all concerned about our physical health, the time is now to reduce physical cash in cannabis businesses. Or at least, give people the choice to go cashless if they want to. Let’s also not forget the security benefits of carrying less cash on the premises”, said Byron Bogaard, CEO of Highway 33, a cannabis dispensary in Crows Landing, California, and chairperson of NCIA’s Retail Committee.

Contactless Delivery for Retail

“Golden State Greens had a spike in deliveries during the COVID pandemic but were still forced to collect cash and signatures from customers. When online orders can process card transactions we can make a true contactless delivery where both payment and signature are managed from the customer’s device. This will increase the safety of our drivers by maintaining safe distancing practices and allow new types of deliveries to drop boxes or to customers’ homes similar to Amazon,” said Gary Strahle, chief growth officer for California dispensary Golden State Greens.

Beyond these major issues, there are a number of potential outcomes that could impact retailers as well.

Revamping the relationship between cannabis businesses and banks will likely trigger higher competition for banking services, resulting in lower fees. This would clearly benefit small businesses but could also have an impact on the frequency and nature of mergers and acquisitions in the cannabis space.

Regulatory frameworks will certainly change, and outstanding litigations will most definitely become more complex. Chargebacks from credit transactions will be a constant problem, due to the level of surveillance and data collection they will more easily be disputed.

Better access to banking also positions technology companies for success, as there will be a high demand for mobile wallets, online ordering, and automatic recurring memberships. We can’t predict everything, and there might be more hurdles to cross than we realize, but the technologically-agile retailer may benefit most. Studies show that most of the Top Fortune 500 Companies use software platforms such as Salesforce to manage their enterprise, however many of the canna-specific solutions are missing much of the integration and scalability needed to immediately handle broadly increased access to the banking system.

Speak your voice.

The SAFE Banking Act is critical to the cannabis industry’s success, and your voice will tip the scales. Reach out to your members of Congress, especially your Senators, and tell them what safe banking means to you as a cannabis retailer. Remember, policy needs to support logic over emotion. Emotions are important, but remind Senators of the logic behind implementing safe banking solutions for cannabis businesses: 

  • Reducing the risk of robbery & theft with less cash on the premises 
  • Supporting the demand cannabis businesses receive, which in turn supports the local and national economy and helps minimize the unregulated market
  • Reduce pathogen transmission by limiting physical cash transaction

If your senator already supports the SAFE Banking Act, please politely ask them to prioritize this legislation in the current session.

Member Blog: Reducing Risks In Cannabis With Supplier Auditing

By Maria Lam, Marketing Director of Isolocity

Suppliers provide a product or service to a business and have an essential role in the entire product cycle – from sourcing materials to production. Cannabis businesses rely on and work closely with them to deliver the best product or service in the market. 

With a newly regulated product like cannabis, there is even more scrutiny and cost that operators will have to deal with when it could be a supplier that fails or makes a mistake. Your entire operation could be compromised. To prevent this, it’s important for businesses to conduct supplier auditing. 

What is Supply Auditing and Why Do You Need It?

A supplier audit evaluates the vendor’s competency to deliver the best quality raw materials or services. It’s the best solution to determine whether a particular supplier is contributing to the growth of your business. With a good system in place, it should streamline business operations and maximize productivity. 

A company with a good supplier can deliver high-quality products and services. However, as the company grows, the risk does too. Whether it is for nutrients, soil, or other raw materials a regular audit may be needed to ensure that the supplier continues to deliver products that are of high quality or with up-to-date certification in order to be used for production or manufacturing. 

You may perform an audit at least once a year or when a supplier needs to be monitored or evaluated. If your final product or service is not of the best quality, it could be because of the raw materials from the suppliers. In this case, it’s a must to perform a supplier audit. Otherwise, it could negatively impact your business. Keep in mind that it’s not only about your monthly or yearly sales targets. As a company, it’s your responsibility to take care of your brand. If you consistently deliver low-quality products, it could also affect your business as a whole. 

Regular Auditing Ensures Suppliers Meet Your Standards

How do you know suppliers comply with your standards or contributes to the company’s main objectives? By regularly auditing them. All of your department’s operations must align with the company’s sales goals and that includes your suppliers. Keep in mind that they help you deliver the best products to your clients so it’s only right to make sure that they also deliver what was promised to you – and that is by providing you only with the highest quality raw materials for all of your products or services. 

Regular Auditing is Cost-Effective

When a supplier fails to fully deliver, that could lead to a loss of a company’s revenue. A regular audit can help businesses prevent this costly problem. Supplier auditing can help them track whether the suppliers comply with level agreements. You can also identify potential problems and be able to remedy them before they could become costly business problems. Through supplier auditing, businesses can create contingency plans. By preventing a major problem, businesses won’t have to suffer a loss of revenue. 

Regular Auditing Contributes to Quality Improvement

One of the most effective ways to find out if your company is consistent in delivering high-quality products is to audit your suppliers. As much as possible, make it a comprehensive audit to ensure that you have checked everything. Having a supplier quality checklist can surely help. 

The supplier checklist will not be the same for all businesses. It can vary, depending on what industry you are in. Your checklist could include human resources, purchasing, delivery, production process, inspections, health & safety, risk management, quality control, regulatory compliance, supply chain management, food safety, control of materials, handling and storage, and KPIs. The checklist will serve as a guide for inspectors to evaluate all the important areas. 

How Beneficial is Improving Supplier Quality?

Having a good supplier relationship can help businesses collaborate better with the suppliers. It provides complete transparency to both the company and the supplier. Regular auditing makes sure that the manufacturer or the supplier continues to meet business objectives. Other benefits include:

Customer Satisfaction

A business can grow or thrive in the cannabis industry if they know how to create awareness for their brand, reach out to their target audience and achieve their sales targets. And this takes more than just marketing, your production or manufacturing team also plays a role. When a business consistently provides the best and innovative products and services, rest assured that it will satisfy the customers. Customer satisfaction can help your brand. You will get repeat customers. With regular auditing, you are able to detect areas that may affect customer satisfaction. Before the problem turns into something serious or damaging, you would be able to alleviate it. 

More Profits

Your end goal isn’t only to make your products or service known but to make your business more profitable. By being able to manage risks and quality through supply auditing, your company can maximize productivity and continue to deliver high-quality products to customers. 

Investing in Compliance Automation Streamlines Business Operations

Digitalization can help your business effectively manage supplier compliance through automation. A cloud-based quality management software can help your entire staff become more efficient and effective by allowing teams to collaborate and raise actions against suppliers. Easily notify suppliers to submit certificates as they become due while conducting audits regularly and ensuring documentation is up to date.


Maria is the Director of Marketing & Communications at Isolocity. She first joined Isolocity at its inception as a marketing coordinator and has played a pivotal role in expanding the companies brand awareness across multiple industries. In her current role, Maria has aided in the development of strategic relationships and communications for the company. With Isolocity, she has been able to help cannabis companies streamline their quality compliance processes through digitization. Prior to joining Isolocity, she has also worked independently as a marketing consultant and in the consumer electronics industry. Outside of work, she enjoys spending her time with her watercolors or settling down with her partner to watch comic book films.

Isolocity’s quality compliance software holistically integrates over a decade of experience using quality principles from internationally recognized standards such as ISO 9001:2015, GMP, and more. It harnesses the power of automation to reduce work and resources needed by up to 50%. Its secure cloud technology allows users to implement and comply with complex quality control measures – from anywhere.

 

Member Blog: Cannabis Commoditization

by Claudia Della Mora, Black Legend Capital

What would it take for cannabis to become a commodity? To answer this question, we must first understand what a commodity is. Commodities are often raw materials, such as mineral ores, petroleum, sugar, rice, corn, wheat, etc., traded in large quantities, with little restriction, with prices fluctuating based on supply and demand. These commodities are often traded on exchanges to facilitate transactions, as price and availability are the main factors, not product differentiation or branding. Thus, standardization of the commodity and minimum quality standards are essential to commoditization. Currently in the EU and UK, hemp raw materials and finished goods must be compliant with the Novel Food Regime to be sold. To be compliant, manufacturers must apply for Novel Food status which will then be approved by the Food Standards Agency. This is a perfect example of standardization beginning to take place. However, globally, there are ~800 recognized strains of cannabis, although realistically, that number is likely in the thousands. This is in comparison to most commodity markets which usually have less than a dozen different variations. We can break this down into three main sub-sectors: industrial hemp, medical cannabis, and adult-use cannabis, and the challenges to commoditization for each.

Industrial hemp is cultivated primarily for its seeds or fibers to make clothing, paper, biodegradable plastic, building materials, etc. Most CBD extracts also come from industrial hemp, so the hemp farmers can potentially be seen as commodity producers while the buyers, who then use the CBD extracts to produce their differentiated products, are not. However, one major issue is the lack of price stability and transparency for differentiation seen in other commodities. In the United States, prices for high-CBD cannabis biomass declined up to two-thirds in value in 2020 compared to the previous year.

Medical cannabis, which can be over the counter or pharma-grade, has various medical applications, some still yet to be discovered. On the pharma side, GW Pharma has the only cannabis drug that has been approved by the FDA, which treats different types of epilepsy. Cannabis is also being researched for its effectiveness in treating Alzheimer’s, cancer, eating disorders, mental health disorders, seizures, and many more. However, firms focused on medical cannabis often attempt to produce products with specific ratios of THC and CBD through crossbreeding and generating unique terpene profiles. However, for a company to develop pharma-grade products, the product must meet the minimum standards required by its prospective country. These are usually for a particular type of treatment, making commoditization difficult.

Adult-use cannabis has seen tremendous growth and legalization in the past years; however, products differ between producers. While there are thousands of strains of cannabis, even the same strain can vary widely between producers depending on cultivation methods and conditions. Naturally occurring terpenes also allow for differentiation. It can come in a wide range of different potencies, even due to farming techniques, thus making it challenging to produce premium quality cannabis at scale consistently. At the same time, countries are beginning to implement minimum requirements for its products, like the EU and UK’s Novel Food Regime explained above. As countries continue implementing these requirements, the ability to differentiate products will decrease.

As you can see, the most likely to be commoditized would be industrial hemp, as standardization would be a massive obstacle for both recreational and medical cannabis. However, other factors need to be resolved before cannabis can reach commodity status, including price transparency and legalization. There are benchmark prices for commodity products that are easily accessible, and currently, a platform to publish these benchmark prices has not been fully developed yet. Regarding legalization, in the US, cannabis with a THC content over 0.3% remains federally illegal, despite individual states allowing growth, processing, and sale. Multi-state operators cannot transport THC products across state lines, preventing the national distribution of branded products. The problem with interstate commerce would disappear when cannabis becomes federally legal, but it is currently a challenge and simply put, for now, a surplus in California stays in California.

While there are still many hurdles for cannabis to become a commodity, many tailwinds could lead to its successful commoditization. Federal legalization in the U.S. would likely remove restrictions in transactions, allowing for the free trade of cannabis within the country. On a global scale, the real barrier to global trade centers around the United Nations Drug Treaty. In December 2020, the U.N. Commission on Narcotic Drugs transferred cannabis from a Schedule 4 to a Schedule 1 drug. Schedule 1 drugs are still prohibited substances but are seen as having medicinal value. For cannabis to trade freely, the United Nations must move cannabis to a U.N. Schedule II or III drug. This is because countries must be compliant with the 1961 U.N. Convention to import and export cannabis, which requires a narcotic license. Additionally, once regulators such as the FDA come out with specific rules, CBD will begin to act more like a commodity with significant supply and demand. One World Pharma, The Cannabis Mercantile Trading Exchange (CMTREX), Panexchange, and Canxchange have begun developing exchanges for cannabis to trade on, with One World Pharma even beginning to offer limited futures contracts. On the positive side, cannabis has a head start in testing to meet minimum quality standards. Most jurisdictions already require it, although the threshold levels needed to sell the product still vary between locations. The regulations between different countries vary greatly, as countries in South America and places like Canada and Israel are very open to cannabis. However, in others, such as most EU and Asian nations, there is still a lot of stigma surrounding cannabis, which will likely take much longer to gain widespread acceptance. While there are still many hurdles to cross until commoditization, the current Biden administration has shown a willingness to legalize cannabis federally, the first and most crucial step towards cannabis becoming a commodity.

Reference: Grower Talks


Ms. Della Mora is the Co-founder of BLC, a financial advisory and investment firm based in Los Angeles with satellite offices in Houston, New York, London, Hong Kong, and Melbourne. During her tenure at BLC, she successfully invested, assisted in the capitalization, and helped business develop small cap oil companies in Kentucky, Texas, Louisiana, Illinois, Colorado, California, Wyoming, North Dakota, and Alaska. She has also structured oil & gas partnerships in several U.S. states, and in Ecuador, Central America. Ms. Della Mora has been involved in many LNG (Liquid to Natural Gas) projects in the U.S., as well as many commodity trades worldwide. She has personally advised also Chinese conglomerates in their U.S. oil & gas investments.

Black Legend Capital is a leading Merger & Acquisition boutique advisory firm based in California with offices worldwide. Black Legend Capital was founded in 2011 by former senior investment bankers from Merrill Lynch and Duff & Phelps. We provide M&A advisory services, structured financing, and valuation services primarily in the cannabis, technology, healthcare, and consumer products industries. Black Legend Capital’s partners have extensive advisory experience in structuring deals across Asia-Pacific, Europe, and North America.

 

Member Blog: “Food Safe” Gloves Cause Cannabis Recall

by Steve Ardagh, CEO of Eagle Protect

A pesticide-free cannabis producer and processor from Washington was recently forced to issue a recall after the chemical o-Phenylphenol (OPP), traced back to their “food safe” gloves, was found on its products. OPP, listed under California Proposition 65 as a chemical known to cause cancer, was found in the food-safe gloves they were using to handle their crop.

In a statement announcing the recall, the company said, “Nothing ruins your day like testing your product, confident it will be clean, only to find it contaminated with some crazy, toxic chemical. The gloves were the last thing we tested, we just never imagined something sold as food safe could transfer such nastiness. The discovery was just the beginning… recalls are costly in more ways than one.”

Why “food safe” gloves can cause a recall

After initial approval, non-sterile FDA compliant food grade gloves are not subject to ongoing controls to ensure the reliability and consistency of raw material ingredients or quality processes during manufacturing. Opportunity exists for glove manufacturers to use cheap raw materials which lower glove durability and can introduce toxic compounds, which can transfer not only to products handled but also to glove users. 

Demand for lower costs from the end-user pressures glove manufacturers to sacrifice quality, and substitute other compounds to meet these demands. This can include increased levels of cyanide, fungicides, inexpensive phthalate plasticizers, or others on the Prop. 65 list of chemicals known to cause cancer.

Steve Ardagh, CEO of Eagle Protect, a specialist glove supplier explains, “People assume ‘food grade’ gloves are clean and toxin free, but that’s not necessarily the case. The actual FDA Compliance does not even require gloves to be tested clean or sanitary which surprises most people. Having tested 25 different brands of gloves, we’ve found everything from feces, fungicides, Staphylococcus, yeast, and mold,” says Ardagh, “due to putrid water sources and unhygienic manufacturing conditions.” 

Recalls & brand reputational damage

Single-use gloves, even those FDA compliant, can be a risk to product recalls and brand reputation. Peer-reviewed scientific studies have identified harmful toxins and contaminants in and on single-use gloves. These “food handling” gloves pose risks for companies producing consumer products, especially in industries such as organics and cannabis whose products must be clean if tested. 

Staff & consumer risks

In addition, staff wearing contaminated gloves are at risk of absorbing toxins, as are the consumers of products contaminated by gloves. The contaminants have often been identified as causing cancer, and reproductive and hormonal damage.

Mitigating glove contamination risks

Gloves are often purchased with little thought or foresight into their risks. Cost is commonly the determining factor in their procurement decision-making. However, sourcing gloves from established companies who partner directly with glove manufacturers to ensure consistent quality is essential for all cannabis companies. Gloves may seem trivial, but can cause fines up to $200,000, put consumers and staff at risk, and damage brand reputation. 

This is especially important currently in the post-COVID world as the glove market is being flooded with counterfeit and reject quality gloves. The new glove suppliers, traders, and brokers who came into the COVID PPE space with little or no experience, with an intention to simply trade and make quick money, are now bailing out of their poor quality junk gloves and dumping them into the U.S. market. Consider the following before purchasing gloves:

Is your glove supplier reputable, with a long history of glove sourcing direct from the manufacturer and proven quality control processes in place?

Can your glove supplier ensure your glove quality is consistently high through documented factory audits, HACCP compliance certifications and quality processes?

Have you undergone a commercial trial of products prior to committing to purchasing to ensure glove quality is consistently high?


After establishing Eagle Protect as an industry leader in New Zealand, where the company supplies approximately 80% of the primary food processing industry, Steve Ardagh relocated with his family to the U.S. in January 2016 and launched Eagle Protect PBC. Steve brought with him Eagle’s values of providing products that are certified food safe, ethically sourced and environmentally better. Steve is driven to keep consumers safe, one high-quality disposable glove at a time, and has been instrumental in developing Eagle’s proprietary third-party Fingerprint Glove Analysis glove testing program.

Eagle Protect, the world’s only glove and PPE supplier to be a Certified B Corporation®. Eagle Protect supplies disposable gloves and protective clothing to the food processing, food service, cannabis, medical and dentistry sectors in both the U.S. and New Zealand.

Eagle is implementing a proprietary third-party glove analysis to ensure a range of their gloves are of consistent high-quality, and free from harmful contaminants, toxins, and pathogens.

Member Blog: We’re Out of the Weeds – CRC Releases Initial Rules & Regs for New Jersey’s Adult-Use Marketplace

new jersey

by Genova Burns, LLC

New Jersey recently passed the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”). Among other things, CREAMMA permits adults 21 years and older to consume cannabis and allows New Jersey residents to operate six types of cannabis businesses within the state. The new adult-use marketplace, as well as the already established medicinal marketplace, will be administered by the Cannabis Regulatory Commission (“the CRC”). The CRC is a panel of five appointed members who will oversee the development, regulation, and enforcement of the use and sale of all legal cannabis in New Jersey. 

The CRC recently approved its first set of rules and regulations on August 19, 2021. This will enable the start of the licensing process for personal adult-use cannabis operations in New Jersey. Here are the 15 takeaways from the initial rules and regulations: 

What type of license can I apply for? 

There are six different license types: 

  1. Class 1 – Cannabis Cultivator License 
  2. Class 2 – Cannabis Manufacturer License 
  3. Class 3 – Cannabis Wholesaler License 
  4. Class 4 – Cannabis Distributor License 
  5. Class 5 – Cannabis Retailer License (also includes consumption lounges)
  6. Class 6 – Cannabis Delivery License 

Businesses may also apply for a license to operate a cannabis testing facility or medical cannabis testing laboratory. License-holders may hold multiple licenses concurrently; however, there are limitations on the number and type of licenses that may be held concurrently.

Are there any caps on the number of licenses that may be awarded?

The State only placed a cap on Class 1 licenses for cultivators. In particular, there will be a statewide cap of a total of 37 cultivators until February 22, 2023. Keep in mind that state limits aren’t the end of the inquiry; municipalities may set restrictions on the number of businesses in their jurisdiction.

What are the fees to apply for one of the adult-use licenses? 

In an effort to make the application fee reasonable, the CRC will require applicants to only pay 20% of the application fee at the time of application, and the remaining 80% will only be collected at the time the license is approved. The initial application cost may be as low as $100 but successful applicants should be prepared to pay additional fees ranging from a total cost of $500 – $2,000. 

Are there any fees other than the initial application fee? 

Yes. There are annual licensing fees, which can range from $1,000 for a microbusiness to $50,000 for a cultivator, with up to 150,000 square feet of cultivation capacity. This fee range only applies to the adult use marketplace. There is a different licensing fee schedule for the medicinal use marketplace. 

Will anyone be given priority in the application process for a cannabis license? 

Yes. The CRC will prioritize applicants who live in specifically defined economically disadvantaged areas of New Jersey or who have past convictions for cannabis offenses (“Social Equity Applicants”). It will also prioritize applications from minority-owned, woman-owned, or disabled veteran-owned businesses that are certified by the New Jersey Department of the Treasury (“Diversely Owned Businesses”). Businesses in impact zones will also take priority (“Impact Zone Businesses”). 

What do you mean by “priority review?”

Applicants meeting the criteria described above will have their applications reviewed before other applications, regardless of when they apply. Remember, however, that priority review doesn’t guarantee selection. 

When will the CRC begin to review applications? 

No date has been announced, but the CRC promises that it will be soon . The CRC will publish notice in the New Jersey Register announcing its intent to review applications and submissions will be reviewed, scored, and approved on a rolling basis (pun intended), subject to the required priority review for certain applicants. 

What should I expect from the application? 

Applicants will be expected to submit a detailed application that includes specific details for the proposed site for the business (which must be owned or leased), municipal approval, and zoning approval. Applicants must also submit an operating summary plan detailing the applicants’ experience, history, and knowledge of operating a cannabis business. The scoring of applicants and awarding of licenses will be based entirely on the application materials. 

What if I don’t have all of the materials to submit a complete application? 

Don’t worry, you can apply for a “Conditional License.” A Conditional License is a provisional award that gives the holder 120 days to become fully licensed by satisfying all the requirements for full licensure, including finding an appropriate site, securing municipal approval and applying for conversion to an annual license.

What are the requirements to be considered for a Conditional License? 

Conditional License applicants must submit a separate application for each cannabis business license requested, along with a background disclosure, a business plan and a regulatory compliance plan to the CRC. At the time of the application, all owners with decision-making authority of the conditional license applicant will need to prove that they made less than $200,000 in the preceding tax year, or $400,000 if filing jointly. 

Are there any advantages in being awarded a Conditional License? 

Conditional License holders that convert to an annual license will not have to submit the sections of the application that, under statute, require applicants to demonstrate experience in a regulated cannabis industry. This flexible option offers an opportunity for newcomers to get into the cannabis industry.

What is a Microbusiness License? 

Microbusiness licenses are for applicants who want to run a relatively small operation. Applicants may apply for a microbusiness license for any of the six license types. A microbusiness license limits the business to 10 employees; a facility of no more than 2,500 square feet; possession of no more than 1,000 plants per month; and/or a limit of 1,000 pounds of usable cannabis per month.  

Can I rely solely on my local municipality for a license? 

No. The state must award the cannabis license. Municipalities play a critical role, however, in the licensing process. For example, applicants will only be licensed by the CRC if the applicant has demonstrated support from the municipality, zoning approval, and has been verified to operate in compliance with any other local licensing requirement.

Can municipalities ban cannabis businesses from operating within their jurisdiction? 

Yes. Municipalities may ban certain businesses from operating within their borders if they enact an ordinance regulating or banning cannabis businesses by August 21, 2021. Municipalities may update their ordinances at any time to remove any restrictions that they previously placed. 

What happens if I don’t follow the CRC’s rules and regulations? 

The CRC is authorized to inspect cannabis businesses and testing laboratories, issue notices of violations for infractions and issue fines. Standard fines can be no higher than $50,000, while fines for infractions implicating issues of public safety or betrayal of public trust can be as high as $500,000. Licenses may also be suspended or revoked. Don’t take the risk! 

These 15 key points present only a quick summary of the CRC’s initial set of rules and regulations. We anticipate there will be a second set of rules released later this year, which will likely resolve issues that weren’t addressed in the initial set of rules and regulations, or CREAMMA. We expect the second set of rules and regulations to focus mainly on the needs of distribution and delivery service, and preparing for the acceptance of applications, before the Garden State is in full bloom… 


Charles J. Messina  is a Partner at Genova Burns LLC and Co-Chairs the Franchise & Distribution, Agriculture and Cannabis Industry Groups. He teaches one of the region’s first cannabis law school courses and devotes much of his practice to advising canna-businesses as well as litigating various types of matters including complex contract and commercial disputes, insurance and employment defense matters, trademark and franchise issues and professional liability, TCPA and shareholder derivative actions.

Jennifer Roselle  is a Partner at Genova Burns LLC and Co-Chair of Genova Burns’ Cannabis Practice Group.  She has unique experience with labor compliance planning and labor peace agreements in the cannabis marketplace. In addition to her work in the cannabis industry, Jennifer devotes much of her practice to traditional labor matters, human resources compliance and employer counseling.

Daniel Pierre  is an Associate at Genova Burns and a member of the Cannabis and Labor Law Practice Groups. In addition to labor work, he likewise assists clients in the cannabis industry, from analyzing federal and state laws to ensure regulatory compliance for existing businesses to counseling entrepreneurs on licensing issues.

For over 30 years,  Genova Burns has partnered with companies, businesses, trade associations, and government entities, from around the globe, on matters in New Jersey and the greater northeast corridor between New York City and Washington, D.C. We distinguish ourselves with unparalleled responsiveness and provide an array of exceptional legal services across multiple practice areas with the quality expected of big law, but absent the big law economics by embracing technology and offering out of the box problem-solving advice and pragmatic solutions.

Given Genova Burns’ significant experience representing clients in the cannabis, hemp and CBD industries from the earliest stages of development in the region, the firm is uniquely qualified to advise investors, cultivators, processors, distributors, retailers and ancillary businesses.

 

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