As the entire world continues to navigate through the devastating COVID-19 pandemic, it can sometimes be difficult to see the silver lining. A beloved public television figure known as Mister Rogers famously told the story of how his mother urged him while watching “scary things in the news,” to “…look for the helpers. You will always find people who are helping.”
This sentiment rings true for the cannabis industry here in the United States, as cannabis has been declared an “essential business” even during these initial, and most severe, phases of the shutdown. And in recent days and weeks, we are seeing how the cannabis industry itself has stepped up to become “helpers” in various ways, ranging from fundraising efforts to manufacturing hand sanitizer for the community.
As we get through these difficult times together, one day at a time, let’s take a moment to celebrate the efforts of these NCIA members helping to make our world a better place.
Donations Of Supplies And Dollars
Seattle-area company Canna Brand Solutions, a custom packaging supplier and CCEL Vape hardware distributor, has donated 10,000 KN95 masks to local hospitals Providence Everett and Virginia Mason.
They’ve been fortunate to continue serving their adult-use and medical cannabis manufacturing partners who are deemed essential businesses. Through their strong relationships with manufacturers in China, they were able to procure the masks.
Canna Brand Solutions’ CEO Daniel Allen shared, “During this challenging time, we can think of no better way to serve our community than support the people working to keep us safe and healthy.”
Good Chemistry, a Colorado-based dispensary, donated $50,000 and masks. Read more in The Westword.
Kind Colorado is participating in the CDC (Cannabis Doing Good) Gives fundraising campaign.
Cannabis Doing Good (CDG) found nonprofit partners and fellow cannabis collaborators doing incredible work to support the hungry, the unhoused, medical providers caring for our sick, and our frontline workers at dispensaries and restaurants. Together – they created a platform for the cannabis community to contribute.
Many nonprofits are wary to accept cannabis dollars for a host of reasons. However, through relationship development, trust, and transparency, CDG has found 3 community treasures that are willing to work with them. Addressing hunger, Metro Caring, addressing the unhoused, Urban Peak and – one from our very own industry, Friends In Weed, supporting budtenders and the restaurant industry.
CDG Gives: Donations as small as $10 and as large as $5000 are accepted. If this is successful – CDG plans to launch a national campaign so that our sector can contribute on a larger scale. Any amount of participation is welcome.
Technology Perks
Leafbuyer, the cannabis technology company, is giving free texting and loyalty to help non-cannabis businesses get back on their feet!
Because marijuana dispensaries have been considered “essential businesses,” some cannabis businesses have not been hit as hard as other small businesses that have had to shut their doors or scale back. Leafbuyer Technologies, Inc., which serves hundreds of dispensaries, is offering up to $750,000 in free texting and loyalty to 500 small businesses in five cities hit hardest by the coronavirus. Learn more.
Switching Gears: Hand Sanitizer
The Galley is Producing Hand Sanitizer
In early April, The Galley of Santa Rosa, California, joined a wave of cannabis companies’ efforts to support the urgent need for supplies brought on by the COVID-19 pandemic. Channeling resources at their state-of-the-art manufacturing and production facility, a first run of “Stop & Sanitize” will include 25,000 units for distribution to hospitals, retail shops, grocery, and drug stores. The Galley has been built to FDA and CDPH standards and is capable of meeting high demands in multiple cannabis product categories. Using operational expertise and a cutting edge facility, the company will provide bottles of hand sanitizer to retailers in need.
Annie Holman, CMO of The Galley, shares, “It’s our civic duty to do what we can to save lives. Our “Stop & Sanitize” hand sanitizer is made with great care in a sterilized setting and we want to contribute in some way to help people & our community in this crisis.”
Director of Operations Cheriene Griffith comments on manufacturing practices stating, “We have followed the strict FDA temporary guidelines for this purpose and our plant to ensure the product is safe.”
CGA Packaging of Santa Rosa will provide donations of labels and packaging for the “Stop & Sanitize” product. Wherefour, a local Enterprise Resource Planning (ERP) technology company, will donate services to support expedited production.
Anresco Labs began manufacturing ethanol-based hand cleansing solutions.
The company’s intention is to donate as much of this material as possible to those most in need. For each bottle purchased, an equivalent bottle will be donated to a non-profit organization.
At a time when we need it most, it’s uplifting and encouraging in these dark times to see the cannabis industry stepping up and giving back to a community in need, and these values are part of what our industry represents: Community. Health. Well-being. Innovation. And generosity.
As we come together to solve new problems and face new challenges, we’re also grateful for the various educational blogs and other resources with advice and expertise regarding COVID-19 that NCIA members have contributed during this time.
If you are an NCIA member that has given back to the community in response to the COVID-19 crisis, we want to hear about it! Email me your story at Bethany@TheCannabisIndustry.Org.
Show Me The Money! Banking Hearing Held In Congress Last Week
by Michelle Rutter, NCIA Government Relations Manager
A week ago today, the House Financial Services Committee made history.
On Wednesday, the Subcommittee on Consumer Protection and Financial Institutions held its first ever hearing on marijuana and financial services, entitled: Challenges and Solutions: Access to Banking Services for Cannabis-Related Businesses. Up for discussion was a new draft of the Secure and Fair Enforcement (SAFE) Banking Act, which is expected to be introduced at the end of the month by Reps. Ed Perlmutter (D-CO) and Denny Heck (D-WA) and Sen. Jeff Merkley (D-OR) in the House and Senate, respectively. Compared to last session’s SAFE Banking Act (H.R. 2215), the discussion draft of this session’s bill has some differences: it adds protections for ancillary businesses providing products or services to a cannabis-related legitimate business; specifies how businesses on tribal land could qualify; and requires the Federal Financial Institution Examination Council to develop guidance to help financial institutions lawfully serve cannabis-related legitimate businesses.
NCIA was proud to work closely with the offices leading the effort, members of the subcommittee, and witnesses leading up to this historic hearing. NCIA submitted written testimony that was introduced for the record by Congressman Ed Perlmutter (D-CO) during the hearing. In addition to submitting our own testimony, NCIA called upon its members to submit their own stories and tell us why the cannabis banking crisis needs to be fixed. By doing so, we were able to submit nearly 100 personal stories that are now a part of the congressional record. Congressman Perlmutter even read three of those testimonies aloud at the hearing!
According to the hearing documents, “An increasing number of financial institutions have expressed interest in providing banking services to state authorized cannabis-related businesses as nearly all states have authorized various degrees of cannabis use, such as for medical use. However, many financial institutions are refraining from offering banking services to these businesses based on several legal and compliance risks. Furthermore, public safety and other concerns have been expressed by stakeholders, including state and local government officials regarding cannabis-related businesses having difficulties accessing basic banking services, such as depositing large sums of cash from their business activity.”
Witnesses for the majority (Democrats) included :
Congressman Ed Perlmutter (D-CO)
Fiona Ma, California State Treasurer
Maj. Neill Franklin (Ret.), Baltimore City & Maryland State Police Departments and Executive Director, Law Enforcement Action Partnership (LEAP)
Rachel Pross, Chief Risk Officer, Maps Credit Union, on behalf of Credit Union National Association (CUNA)
Gregory S. Deckard, President, CEO and Chairman, State Bank Northwest, on behalf of Independent Community Bankers of America (ICBA)
Corey Barnette, Owner, District Growers Cultivation Center & Metropolitan Wellness Center
The minority (Republicans) invited Jonathan Talcott, partner at Nelson Mullins and board member of Smart Approaches to Marijuana (Project SAM) to speak at the hearing. Interestingly, in 2018, Nelson Mullins was paid $200,000 to lobby on behalf of cannabis company WeedMaps. The company has since found another firm to represent them.
This hearing was an historic and important first step in solving the cannabis banking crisis. In the coming months, we are hopeful that the House Financial Services Committee will hold an additional hearing and potentially even a mark-up on the SAFE Banking Act. You can also take a behind the scenes look at this video from the hearing day.
While NCIA is making change and advancing our issues every day, there’s still much work to do! Make sure to mark your calendars for our 9th Annual Cannabis Industry Lobby Days in Washington, D.C. on May 21-23 so that you can tell congressional offices your personal story. There’s strength in numbers, and we can’t do it without you!
VIDEO: NCIA Submits Testimony At U.S. House Committee On Financial Services
Last week, as NCIA wrapped up another successful Seed to Sale Show, we were vigilantly preparing for a historic hearing about the issue of cannabis banking and the SAFE Banking Act. This is an incredible milestone for our industry. If this bill passes, it would allow marijuana-related businesses in states with existing regulatory structures to access the banking system.
The Consumer Protection and Financial Institutions Subcommittee of the U.S. House Committee on Financial Services held this historic hearing about a draft bill that provides safe banking services for legal cannabis businesses. This was the first Committee hearing on stand-alone legislation that is a priority for our industry. Learn more about the hearing from NCIA’s Aaron Smith.
Read NCIA’s Executive Director and Co-Founder, Aaron Smith’s official testimony here.
To find out more about what NCIA is doing to support this bill and other legislative priorities, join us at a Cannabis Caucus event near you!
Member Blog: Tax Court Decision for Harborside Health Center
The Tax Court’s recent decision in Harborside Health Center v. Commissioner is more bad news for the cannabis business community. The taxpayer, a prominent California dispensary, was assessed approximately an additional $30 million in tax by the IRS for the years 2007 to 2012, years in which Harborside had total revenue of approximately $102 million. Harborside lost, so it will have to pay that amount plus also pay another 20% of the tax owed in accuracy-related penalties – the Tax Court did not decide the penalty issue and left it for a later opinion. At this point, Harborside can either pay the tax (plus possibly penalties) or appeal to the Ninth Circuit Court of Appeals.
GROUNDS OF THE DECISION
The court decided against Harborside on every single argument made by its counsel. Three of the issues are straightforward:
The doctrine of res judicata didn’t apply, so the fact that a civil forfeiture case against Harborside had been dismissed with prejudice did not prevent the IRS from assessing a tax liability.
The language in Section 280E of the Tax Code that deductions are disallowed to a trade or business that “consists of trafficking in controlled substances” applies to businesses that have more than the one activity of trafficking. Harborside argued that “consists of” means the business must ONLY be trafficking for the disallowance to apply, and the Tax Court rejected that interpretation.
Harborside had only one trade or business so it could not deduct any expenses related to a separate trade or business. The taxpayer had argued it had multiple lines of business, but the opinion held that Harborside didn’t make significant profits from any of the other claimed lines of business so there was only one business.
MOST IMPORTANT CONSEQUENCE OF DECISION
The holding in the case that has the widest applicability to the cannabis community regards what Harborside may include in its cost of goods sold. The increase in tax owed by Harborside mostly comes from reclassifying expenses from cost of goods sold to ordinary business expenses and then denying deductions for those expenses under Tax Code Section 280E.
The taxpayer argued that the broader cost of goods sold rules under Code Section 263A applied in addition to the earlier (and narrower) definition of cost of goods sold under Section 471 However, the Tax Court endorsed the reasoning in IRS Chief Counsel Advice Memorandum 201504011 (2015) regarding the interaction of Section 263A and Section 471 with respect to cannabis-related cost of goods sold calculations. It is the IRS view that a clause of Section 263A prevents allocating indirect cannabis-related costs into cost of goods sold because the deduction for those costs would be denied under Section 280E.
Harborside contended that the Sixteenth Amendment to the Constitution compels using Section 263A rules in addition to the Section 471 cost of goods sold rules. The Tax Court was very dismissive of the argument, pointing out that “Section 471 wasn’t found unconstitutional during the many decades when it was the only means of calculating COGS [cost of goods sold], and it wouldn’t be unconstitutional now if Congress repealed Section 263A.”
It is also worth noting that the Tax Court held that Harborside was a reseller, not a producer, and that producers are subject to a different set of regulations under Section 471 that allow additional expenses to be included in cost of goods sold.
WHAT NOW?
Harborside is important because it is the first Tax Court case to squarely address the interaction between Sections 263A and 471 in the context of a cannabis business. However, there are other courts that can hear federal tax cases besides the Tax Court, and there are other arguments that can be made besides the one made by taxpayer’s counsel (even in Tax Court). While the best option for relief for cannabis taxpayers is to change the law, even if the law is changed, there will still be years of audits under the current law, so the questions raised by the Harborside decision will continue to be litigated. For further discussion, please see our blog on our website.
James B. Mann is a partner with the Tax practice group of Greenspoon Marder LLP. Mr. Mann has over 25 years of experience serving as a trusted advisor to a broad range of stakeholders in the energy and financial services industries. He counsels clients on the new changes in the tax law, as well as cannabis tax issues and cannabis tax controversy proceedings. Mr. Mann has a law degree from Harvard Law School and an MBA from Columbia University.
Rachel Gillette is among the first attorneys in the nation to dedicate her practice to the cannabis industry. Since 2010, Ms. Gillette has helped marijuana/cannabis businesses with licensing and regulatory compliance, business law and transactions, contract drafting and review, tax litigation, corporate formation, and tax matters, including audit representation. She works with startups and entrepreneurs, investors, and ancillary industry businesses to help develop the cannabis innovation ecosystem, and is a zealous advocate for the industry.
Ms. Gillette regularly represents clients before the IRS’s Examinations, Appeals, and Collections Divisions, including marijuana businesses facing the challenges of IRS adjustments under 280E. She has successfully protested local, state and federal tax deficiencies on behalf of her clients, having prevented hundreds of thousands of dollars in incorrectly assessed taxes, interest, and penalties. She can assist individual and business taxpayers in 280E proposed assessments, offers in compromise, audit examinations, innocent spouse claims, sales, use, and employment tax matters, trust fund tax penalty assessments, penalty abatement’s, and levy releases.
For several years, Ms. Gillette was the executive director of the Colorado state chapter of NORML, the National Organization to Reform Marijuana Laws. She was a founding member of Women Grow and the National Cannabis Bar Association. She an advocate as well as an attorney, and is committed to helping change laws – and perceptions – relating to cannabis and ensuring state licensed and legal marijuana businesses are fairly taxed and regulated.
Ms. Gillette received her Juris Doctorate from the Quinnipiac University School of Law in Hamden, Connecticut, where she served as Associate Editor of the Quinnipiac University Probate Law Journal. During law school, she interned with the New Haven Public Defender’s office, where she developed her commitment to advocacy for those facing the many challenges of the criminal justice system.
The Cannabis Business Banking Crisis
By Rachelle Lynn Gordon, NCIA Editorial
The fledgling legal cannabis industry has faced numerous challenges since California voters made the state the first to approve the plant for medical use in 1996. Since then, an additional 29 states and the District of Columbia have legalized cannabis for either medical and/or adult-use purposes yet it still remains a Schedule I controlled substance in the eyes of the federal government. This has caused immense headaches for cannabis business owners in a multitude of ways – especially when it comes to balancing the books. The majority of traditional banking institutions refuse to work with clients that touch the cannabis plant, leaving many businesses to operate as cash-only while at the same time missing out on the traditional financial and lending opportunities given to other businesses.
“Being forced to hire an armored truck just to pay taxes or provide payroll isn’t only a hassle – it’s also extremely dangerous,” says Harry Resin, who longs for the day when he can open a business checking account for his cannabis company, URB Delivery. “People’s livelihoods – and frankly their lives – are constantly at risk when you’re dealing with large amounts of currency.”
Lack of security isn’t the only detriment to cannabis business owners unable to find banks who will work with them. Business loans, savings accounts, 401Ks, and credit lines are all out of reach for those wishing to develop their operations and plan for the future.
“I would love to be able to expand my operations but because I don’t have the option to take out a small business loan, I either have to get loans from friends and families or potentially give up equity to private investors,” Resin adds. “It makes things difficult.”
While many believe that it is illegal for banks to do business with those in the marijuana space, it turns out the opposite is true.
“We actually have regulations on how to bank the cannabis industry, but most banks don’t want to go through the expense and hassle of opening new departments,” explains Jim Marty, CEO of Bridge West CPA. “They’re already making tons of money, so they don’t feel the need to enter a new space. It’s going to take Congressional action on legalization before the big players enter in.”
While it’s not clear how exactly cannabis reform will play out, Marty cautions that while moving cannabis to Schedule II status could be positive for advocates of legalization, it may also negatively affect the entrepreneurial activity the emerging cannabis industry has shown.
“Right now, we have a lot of start-ups and small businesses that are getting funding from angel investors or private equity funds. If cannabis becomes Schedule II, there’s a chance that Big Pharma, Big Tobacco, and Big Alcohol will come in and there will be two or three major producers. So something that could fix a lot of the problems may do more harm than good.”
Marty notes that the introduction of bills such as The SAFE (Secure and Fair Enforcement) Banking Act (S. 1152, H.R. 2215), which would offer protections for state-legal financial institutions working with marijuana businesses, are steps in the right direction for the cannabis industry but that it is going to take hard work and perseverance by all in the community before real change is made.
Help us grow even more support for the SAFE Banking Act in Congress. Contact your members of Congress and urge them to support federal protections for financial institutions that work with the regulated cannabis industry.
Learn more in this report by NCIA’s Legal and Banking Committee: Investigating the Role of Financial Institutions in the Legal Cannabis Industry NCIA’s Legal and Banking Committee, comprised of NCIA members within that sector, produced this white paper following a meeting with California State Treasurer John Chiang and other cannabis industry leaders in mid 2017. The paper provides discussion and evaluation of challenges faced by businesses operating within the legal cannabis industry, while highlighting some of the benefits the industry brings to financial institutions and the communities they serve. (February 2018)
Our Members in Action at NCIA’s 2018 Cannabis Industry Lobby Days
by NCIA Editorial Staff
The cannabis industry has seen exponential growth in the mainstream support for regulated cannabis markets from both sides of the political aisle. This progress is a direct result of the relationships NCIA has built on Capitol Hill, as well as the personal stories told by our members each year at our annual Lobby Days events in Washington, D.C. NCIA’s 8th Annual Cannabis Industry Lobby Days, hosted May 21-23, was the industry’s most impactful fly-in yet, as our members made more inroads to Congress at a time when the nation has reached a tipping point in the fight to protect legal cannabis.
“So many more people keep coming to Lobby Days which is amazing to see,” said Karson Humiston, founder of Vangst. She’s one of Forbes’ 30 under 30 and the only female in cannabis to make the list. She’s focused on telling members of Congress about the potential for job creation and the economic impact of a fully recognized cannabis industry. “We are talking about jobs as much as possible in order to educate members of Congress about the economic stimulation regulated cannabis is bringing to the states and the need for federal legalization,” she said.
NCIA announced the release of its 2018 State Cannabis Progress Report during this year’s Lobby Days. The publication outlines a myriad of economic and social benefits already being realized by states with successful cannabis programs, including job creation, tax revenue, and reductions in crime and teen use.
So far 2018 is shaping up to be much different from the past seven years, largely because of Republican backlash against Attorney General Jeff Sessions attempting to ramp up federal interference in state cannabis programs by rescinding the Cole Memo. Historically, the GOP has been less publicly supportive of reforming cannabis laws, although there has been a strong current of support among certain segments of the party. Now, they listen and many have even joined us in support of banking and tax reforms needed for our industry to reach its full potential, in addition to their traditional support of federalism issues related to cannabis. Advocates, patients, and NCIA member-businesses all over the United States are keeping this positive momentum going.
At the Lobby Days welcome reception on the evening of Monday, May 21, NCIA Executive Director Aaron Smith said he was delighted with the turnout. “There are so many new faces, so many old friends, and Lobby Days veterans,” he told the audience of cannabis professionals, who had just arrived in Washington prior to the two full days of meetings with congressional offices. “Starting tomorrow, we will descend upon Capitol Hill to show lawmakers what a responsible, politically engaged cannabis industry looks like.” He called Lobby Days one of the cannabis industry’s most important events of the year.
NCIA member and founder of Washington, D.C.’s National Cannabis Festival and the National Cannabis Policy Summit, Caroline Phillips, said that she was proud to see so many members coming to her backyard to demonstrate their unity. “This is a really wonderful opportunity to share with members of Congress the diverse and innovative ideas of the cannabis industry and to show off the professionalism, creativity, and care that the people in the industry put into their work, “she added. “I think a lot of members on the Hill are starting to understand the cannabis industry is a lot more than just stereotypes, and for them to have one-on-one interactions with some of the best professionals in our industry is extraordinarily valuable.”
New to Lobby Days was Attorney Blake Mensing. He was eager to join the crowd of professionals to advocate for the fair treatment of cannabis businesses. “I think that this is the eighth year that this is happening really shows that the industry is coming out of the shadows and the momentum has built to the point that there’s a small probability that things are going back to the way they were [prior to the reform victories of the last decade].” Mensing founded The Mensing Group after he left his job as a Municipal Attorney in Massachusetts to start a cannabis-only practice. “It’s the first time I’ve ever had fun being a lawyer,” he remarked before heading into Senator Orrin Hatch’s (R-UT) office.
Professional football player Mike James also joined NCIA this year to advocate on behalf of his fellow athletes who would prefer to treat their health issues with medical marijuana instead of opiates. The active NFL running back has played for the Tampa Bay Buccaneers and the Detroit Lions during his career, which has wreaked havoc on his body, leaving him with chronic pain that he used to treat with opioids. “Within the NFL, I’m trying to go through their process and change policy. That way, hopefully, they can be an example for society,” he said. Currently a free agent, he’s the first and only active player with a medical marijuana card.
From the need to expand medical access to cannabis, to tax and banking reform, to addressing the injustice of racially disproportionate marijuana enforcement, NCIA hit the Halls of Congress to educate members of Congress and their staffs on what’s happening in their own backyards and the successes of regulating cannabis.
For example, when it comes to tax reform, Heather Sullivan of 3C Consulting said the cash-flow is only one of the issues they have to worry about from the 280E tax burden. “It’s a tough decision come tax season,” she said. “Do you set aside those tax rates so you don’t have that money to use for other things for your business, or do you play the game and run the risk that you’re not going to get audited?” Many cannabis businesses face similar issues, which can effectively ruin a company over time.
There were many Congressional offices that were receptive to the efforts and positions of NCIA members during Lobby Days. Heather took a meeting with Sen. Bernie Sanders’ (I-VT) office, for example, and after leaving the meeting she felt that it went wonderfully, stating, “Senator Sanders is a proponent for the safe and regulated use of cannabis whether in the medical side or the adult use side, so it was a meeting that for us was an opportunity to tell Bernie and his staff how much we appreciate the hard work that he’s done, ask him what we can do as an industry to help them continue the progress that they’ve already made and learn more about where his focus is.” Sullivan is well-versed in the issues facing cannabis businesses today and knows many other officials are still in need of convincing.
In spite of heavy opposition from Attorney General Jeff Sessions, as well as House leadership, the cannabis industry saw a huge victory when protections for medical marijuana were included in this years’ fiscal budget. Now, with the help of our members who flew in to speak about their personal issues and experiences, we can all look forward to an even more progress and a better outlook for the U.S. cannabis industry.
The End of Prohibition in California: An Interview with Berkeley Patients Group
At the conclusion of the first week of adult-use cannabis sales in California, we spoke to Sabrina Fendrick, Director of Government Affairs of Berkeley Patients Group, to get a picture of their recent launch into the adult-use cannabis market. Berkeley Patients Group has been serving patients in the Greater East Bay Area of Northern California since 1999 and is a founding member of NCIA.
Sabrina, what was the process like for Berkeley Patients Group to apply for an adult-use cannabis license in California?
What we got was actually a temporary license, so the process for that is not as onerous or complicated as the annual process. We submitted our local authorization, site plan, and landlord approval. We did this three times, one for adult-use sales, one for medical sales, and one for distribution.
We had to work very closely with the city of Berkeley to make sure we had all of our ducks in a row, which was a little bit complicated because Berkeley had a ban on adult-use commercial cannabis activity. We engaged with the mayor and city council to get a “carve out” for us since we are a Berkeley institution as the nation’s oldest medical cannabis dispensary. We were intensely involved in conversations with regulators like the Berkeley Cannabis Inspector Mark Sproat throughout the whole process. We had it a little easy actually since we’ve been around for many years, as we were established in 1999.
When did you learn you had been awarded the license and how did your team react?
We learned on December 15th that we had received all of our licenses at about 4pm on a Friday, and the whole team was elated. There was perhaps even a little anxiety in wanting to make sure we had everything ready to roll out on January 1 to start offering cannabis to adults in California.
The first few days have been generally pretty smooth. There are a few questions surrounding process and operations to figure out as we go, but the whole roll out process has been smooth. Not a whole lot has changed except we’re getting longer lines, and we’re making sure that our systems are in place to be fully compliant with state law and all of the staff training required to go with that.
What is your reaction to the recent news of AG Jeff Sessions announcing on January 4th to rescind the Cole Memo?
We fully intend to keep serving the Berkeley community and the surrounding area as a state-licensed locally-operated compliant business. Further action on behalf of the Attorney General and the Department of Justice remains to be seen, but we do have support from local politicians and regulators.
We’re confident that public opinion and federal protections will continue to support the will of the voters and states’ rights. The DOJ should be using law enforcement resources to go after real criminals committing real crimes, and not enforcing an outdated, archaic policy that has almost no support from the general public.
As is traditional on the first day of adult-use sales, did Berkeley Patients Group make its first sale of cannabis to anyone noteworthy?
Yes, longtime California cannabis activists Mikki Norris and Chris Conrad were sold the first cannabis purchase in our dispensary. They were both spokespeople for Proposition 64 all the way back to Proposition 215, so it was an honor to make the first sale to people who were actively involved in reforming these laws in California.
NEW: NCIA Launches Interactive Map For State Cannabis Policies
Thanks to a collaboration with NCIA members CannaRegs and New Frontier, we are pleased to announce a new resource now available on NCIA’s website to help you stay up-to-date with each state’s cannabis regulations and market size estimates. NCIA’s new State-by-State Marijuana Policies Map provides a valuable overview of every state’s approach to cannabis and cannabis markets.
Users can explore valuable information in this new interactive map by simply clicking on each state to see detailed summaries of the state’s cannabis market and regulations. This information is compiled and updated regularly by CannaRegs and New Frontier as changes are made to regulations and more data becomes available.
The map provides information including medical and adult-use laws, as well as the number of cannabis cultivations, dispensaries, manufacturers, and testing labs allowed and issued in the state, fee structures for applications and licenses, residency requirements, and qualifying medical conditions for patients. The map also includes current medical and adult-use sales estimates, as well as projected sales for the year 2020. This information is provided for educational purposes only and is not legal advice or substitute for legal counsel.
CannaRegs is a web-based subscription service for cannabis professionals that provides enhanced access to all cannabis-related rules and regulations from state, county, municipal, and federal sources, and aggregates these rules and regulations in an intuitive, easy-to-use database. Click here to request a demo of CannaRegs’ services and save 15% if you’re an NCIA member.
New Frontier is a data collection and industry-reporting firm in the cannabis industry, providing data, analytics, and customized actionable intelligence to investors, operators, and legislators in this new blooming sector.
HISTORY: Congress Takes Bipartisan Step to End War on Medical Marijuana
With a 219-189 vote, including 49 Republicans voting in support, the House of Representatives approved a measure denying the use of federal funds to undermine state-authorized medical cannabis laws
First act of Congress to protect medical marijuana patients and caregivers reflects overwhelming public support for medical cannabis
WASHINGTON, DC – In an historic vote late last night, the U.S. House of Representatives took a major step to end the federal government’s war on medical cannabis patients and caregivers. With 219 Members of Congress, including 49 Republicans, voting in support, the Rohrabacher-Farr amendment to the Commerce, Justice, and Science appropriations bill forbids the use of federal funds to raid, harass, or otherwise interfere with medical cannabis patients or providers in states where medical marijuana is legal.
“On behalf of lawful cannabis businesses across the United States, NCIA applauds the Members of Congress who supported this historic step,” said National Cannabis Industry Association director of government relations Michael Correia. “Voters overwhelmingly support the idea that patients whose lives can be changed by medical cannabis should be able to get that medicine legally, and the time has come for the federal government to respect the states that have made that possible. The House took that step last night.”
“This is a truly historic vote and a great day for state-legal businesses that many advocates and business owners, myself included, have worked for years to make happen,” said Etienne Fontan, chief operations officer for Berkeley Patients Group in Berkeley, California. “We’re elated and hope this signals an end to federal interference in states where cannabis is legal.”
Berkeley Patients Group is a licensed medical cannabis collective in California and has provided legal cannabis to patients for 15 years and has been the target of federal property forfeiture action despite its standing as one of the nation’s most well-respected medical cannabis operations. Fontan, a Gulf War combat veteran who also serves on the Board of Directors for NCIA.
The Justice, Science, and Commerce appropriations bill making its way through the U.S. Senate does not currently include the language of the Rohrabacher-Farr amendment, so the provision must either be added during Senate debate or retained during the conference committee actions that will reconcile differences between the two bills.
“If you’ve been wondering when Congress would be forced to catch up to public opinion on cannabis, it started last night,” said Correia. “The House of Representatives has done its part to respect state laws, patients, and the will of the voters. The Senate should do the same.”
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Medical marijuana firms face cash economy as banks steer clear | Boston Globe
The conflict between federal and state marijuana laws has become a bigger issue as more states legalize the drug for medical and, more recently, recreational, uses. Dispensaries in the other 19 states that have legalized medicinal cannabis have run into similar banking problems, requiring entrepreneurs to hide the nature of their business, establish separate holding companies, or just haul around bags of cash.
Last week, Attorney General Eric H. Holder Jr. said that legal marijuana businesses should have access to the banking system and that the Obama administration would provide rules aimed at easing banks’ concerns, mainly by making these activities low priorities for federal prosecutors.
Bank officials in Massachusetts, however, are far from assured, worried what might happen under different administrations. Their preferred solution: changing federal law.
Medical marijuana in Oregon: Ashland conference draws packed house | The Oregonian
ASHLAND — If the packed meeting room Thursday at the refined Ashland Springs Hotel is any gauge, interest in Oregon’s medical marijuana industry is, pardon the pun, high.
The Oregon Medical Marijuana Business Conference, the brainchild of Ashland businessman Alex Rogers, opened Thursday morning with a keynote address by Troy Dayton, the man behind The ArcView Group, a San Francisco-based business that, for a fee, pairs marijuana entrepreneurs with deep-pocketed investors.
The sold-out two-day event in Ashland is one of two conferences this week that focus on the business of marijuana – the latest sign that the state’s once-underground industry has moved into the mainstream. Beginning in March, the Oregon Health Authority will register medical marijuana retail outlets, the first effort to regulate an already thriving trade.
Good Chemistry bring Colorado experience to Worcester medical marijuana dispensary | MassLive.com
WORCESTER — Medical marijuana is coming to Worcester’s canal district at 9 Harrison St, care of the Colorado medical marijuana dispensary Good Chemistry.
The company was one of two that received medical marijuana licenses in Worcester County Friday. It will be setting up shop at 9 Harrison St. between Water and Green Streets in Worcester’s canal district.
The Colorado company has two medical marijuana dispensaries located in Denver where they cultivate and dispenses marijuana, according to an informational folder that was given to MassLive. The company has 26 employees and grows over 60 strains of marijuana.
The storefronts in Denver have the atmosphere of a 1940’s apothecary, according to the company. The store is designated by a single lowercase “g” above the doorway. In addition to the storefront on Harrison Street, the company will also have a growth facility at another location in Worcester.
First medical marijuana dispensary licenses awarded in Massachusetts | Boston Globe
After much anticipation, state health officials Friday revealed the names of the companies that will receive the first 20 licenses to open medical marijuana dispensaries in Massachusetts, although it will likely be summertime before any open their doors for business.
How to plan your Colorado “weedcation” like a responsible grown-up | Quartz
Visitors to Colorado are now welcomed at dozens of marijuana dispensaries, where they can buy up to a quarter ounce (7 grams) of pot for their own consumption. The new boom in weed tourism has meant long lines at Denver’s dispensaries, and a nascent but growing industry of packaged “green tours,” that are heavy on smoke-filled “magic bus” trips to local growers.
But what if you want to plan an upscale and, yes, responsible “weedcation” of your very own, taking full advantage of Colorado’s amazing outdoors and a serious foodie scene? Quartz asked police and people in the hospitality and cannabis business in Colorado their advice.
First Legal Sale of Marijuana for Adult Use Highlights Benefits of a Regulated Market
At 7:30 a.m. on New Years Day, dozens of members of the media, marijuana policy reform advocates, elected officials, and business leaders crammed in the cavernous lobby at 3D Cannabis Center while hundreds of eager shoppers waited outside in the snow for their chance to participate in the historic day when cannabis was first sold legally, regardless of medical status, in the post-prohibition era.
The press conference, orchestrated by the National Cannabis Industry Association, the Marijuana Policy Project, and Sensible Colorado, highlighted the social, economic, and health benefits of selling marijuana through a regulated market. Speakers Betty Aldworth, Mason Tvert, and Brian Vicente — the leaders of Colorado’s Amendment 64 campaign — highlighted some of the actual and protected benefits of Colorado’s tax-and-regulate system for adult use marijuana, including plummeting arrest case filings, significant sales contributing to a vibrant market, and the resulting tax revenue.
The press conference was immediately followed by the world’s first legal sale at 3D Cannabis Center, an NCIA Founding Member. Toni Fox, 3D’s owner, conducted the sale to Sean Azzariti, a combat veteran suffering from PTSD who knew cannabis could help him but was previously unable to access it legally.
Following the sale, NCIA members and staffers spent the remainder of the day visiting other adult-use marijuana establishments around the city where long lines full of happy customers snaked around buildings. In the first day of legal sales, it is conservatively estimated Colorado’s 37 open stores conducted well over $1 million in sales. Most observers intend to revise adult use and medical marijuana sales projections for 2014 upward from original estimates of between $400 and $600 million.
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As the entire world continues to navigate through the devastating COVID-19 pandemic, it can sometimes be difficult to see the silver lining. A beloved public television figure known as Mister Rogers famously told the story of how his mother urged him while watching “scary things in the news,” to “…look for the helpers. You will always find people who are helping.” 
James B. Mann is a partner with the Tax practice group of Greenspoon Marder LLP. Mr. Mann has over 25 years of experience serving as a trusted advisor to a broad range of stakeholders in the energy and financial services industries. He counsels clients on the new changes in the tax law, as well as cannabis tax issues and cannabis tax controversy proceedings. Mr. Mann has a law degree from Harvard Law School and an MBA from Columbia University.
Ms. Gillette regularly represents clients before the IRS’s Examinations, Appeals, and Collections Divisions, including marijuana businesses facing the challenges of IRS adjustments under 280E. She has successfully protested local, state and federal tax deficiencies on behalf of her clients, having prevented hundreds of thousands of dollars in incorrectly assessed taxes, interest, and penalties. She can assist individual and business taxpayers in 280E proposed assessments, offers in compromise, audit examinations, innocent spouse claims, sales, use, and employment tax matters, trust fund tax penalty assessments, penalty abatement’s, and levy releases. 
“Being forced to hire an armored truck just to pay taxes or provide payroll isn’t only a hassle – it’s also extremely dangerous,” says Harry Resin, who longs for the day when he can open a business checking account for his cannabis company, 
“So many more people keep coming to Lobby Days which is amazing to see,” said Karson Humiston, founder of 
There were many Congressional offices that were receptive to the efforts and positions of NCIA members during Lobby Days. Heather took a meeting with Sen. Bernie Sanders’ (I-VT) office, for example, and after leaving the meeting she felt that it went wonderfully, stating, “Senator Sanders is a proponent for the safe and regulated use of cannabis whether in the medical side or the adult use side, so it was a meeting that for us was an opportunity to tell Bernie and his staff how much we appreciate the hard work that he’s done, ask him what we can do as an industry to help them continue the progress that they’ve already made and learn more about where his focus is.” Sullivan is well-versed in the issues facing cannabis businesses today and knows many other officials are still in need of convincing.
