We must not let federal legalization become the “War on Drugs 2.0.” Rather, it must be the foundation for the building of generational wealth.
The modern-day cannabis industry is the product of a century of prohibition and the war on drugs. With federal legalization fast approaching, it is up to us all to ensure that this industry does not become the “Drug War 2.0.”
At the National Cannabis Industry Association, we recognize the importance of impactful Diversity, Equity, and Inclusion initiatives.
At the core of our DEI Program is our Equity Scholarship Program (ESP). Launched in 2020, nearly 200 ESP members are enjoying the benefits of a complimentary first year of NCIA membership thanks to this program and its financial sponsors.
Equity Scholarship Program Features
Complimentary passes to all NCIA events
Live Social Equity Workshops at our national conferences
Weekly video conference calls
Facebook community
Catalyst Conversation Educational Webinars
Unique Opportunities for ESP Members to Leverage NCIA’s Platforms
Greater representation on NCIA panels and webinars
“Being part of the program has transformed our company. The mentorship we’ve received has been instrumental in our growth. Being part of NCIA provided opportunities for us to gain new business relationships, become committee members, and participate in webinars. It’s also been great meeting other social equity members and building a community together.” – Kay Villamin, Hush Chicago, NCIA’s State Regulations Committee
As a trade association, at the core of NCIA’s mission is to create industry-shaping policy advocacy. Our Diversity, Equity, and Inclusion Program is ensuring that diverse voices are properly integrated into that advocacy, including:
Launching NCIA’s Sustainability Collaboration, in collaboration with several dedicated NCIA Committee Leaders, with an emphasis on incorporating the DEI perspective, which is too often left out of the sustainability conversation
A new Health Equity project in development
Of course, Diversity, Equity, and Inclusion would be meaningless unless we see that greater representation plays out on our biggest stages and in our board rooms.
NCIA has one of the most diverse boards of directors in the industry, including members who joined NCIA through our Social Equity Scholarship Program
Increasingly diverse representation across the leadership of NCIA’s fourteen sector committees
Consistently inclusive representation on panels – live and virtual. The overwhelming sentiment at our recent Midwest Cannabis Conference in Detroit was that it was “the most diverse and inclusive conference” many speakers and attendees had ever experienced
“I’m a firm believer that the more you give, the more you get, and my experience at NCIA is proof of that. Becoming a scholarship member at NCIA as a woman and minority founder has been an incredible opportunity… Committee work has rewarded me with new perspectives, recognition, and invaluable relationships that have strengthened my business.” – Helen Gomez Andrews, Co-Founder & CEO, The High End; Committee Organizer, DEI Committee
“The Scholarship Program gave way more than we could ever ask for. As a veteran and minority-owned company, with a core focus on community impact through cannabis, we have been provided with important opportunities and resources. The program is holding the door open for others like us to enter into the industry. You will not regret being a part of the Social Equity Scholarship Program.” – Keyston Franklin, The Doobie Room; Vice Chair, Banking Committee
As we continue to build for the integrity of the industry and future generations, we are looking for partners to join us.
Equity Member Spotlight: Better Days Delivery Service
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.
I grew up in Colorado Springs in a single-parent home, overcame poverty, violence, houselessness, and a felony for marijuana possession to get to the place that I am in today. I’ll never forget the immediately depressing feeling of knowing that I’d lost opportunities, let my mom, my family, and my community down when initially being charged with a felony for marijuana distribution. Thankfully my people reminded me that I am much more than this scarlet letter F represents. I did my time, paid my restitution, and kept on grinding. Now a father of two beautiful babies, their presence is a constant reminder that I can’t give up. Left out of the weed industry, I focused on community and education as a 5th grade teacher. I decided to leave the classroom to start this business because I wasn’t happy due to the politics and wasn’t feeling valued in my career. I have worked hard to break out of the cages/boxes that I was placed in. I have been turned down for housing, employment, and have had doors closed because of this felony but I keep the belief that when one door closes another opens and because of that I’m determined to succeed. The weed industry seems much more of a fit for me, I chose delivery because it was the easiest point of entry however I dream of one day being vertically integrated.
What unique value does your company offer to the cannabis industry?
Our company, Better Days Delivery Service, offers a community aspect that is sorely missing in the industry. In my opinion, most of the industry hasn’t done their due diligence to truly serve and build relationships with patients. We have partnered with the nurse network so that they are able to give true medical advice while we work on the discreet, quick, personable service that we have become known for. Safe, affordable, discreet service is mandatory, we offer luxury and frequent flyer convenience as well. By focusing on the customers that are often overlooked, I am confident that we can provide a service that will revolutionize all of the industry. We want to deliver weed with the personable service that existed before the industry existed, I want to remind people that it’s still possible. Who wouldn’t love a delivery company that reminds our customers that our worst days are behind us? “Better Days Are On The Way.”
What is your goal for the greater good of cannabis?
In the words of 2Pac, “better days got me thinkin’ ’bout better days!” My goal for the greater good of cannabis is to remind people of the healing aspects of the plant. I want to help free everyone that has been incarcerated or charged for anything to do with the plant. I want to contribute to scientific research that will help heal and help people live despite their ailments. I would love to see it totally decriminalized and if I am able to pay my bills and make it better for my family in the process even better!
What kind of challenges do you face in the industry and what solutions would you like to see?
Michael Diaz-Rivera
The biggest challenge that I have is a lack of capital both financially and socially. It is not cheap to get into the industry and I have been bootstrapping and using my savings thus far. Having access to all of the money that I would need to reach my dreams and create generational wealth would be perfect. I’ve also noticed that in this industry, it pays to know people as a social equity licensee. I feel like the majority of the industry looks at us as if we’re begging for scraps. Because of that, I’ve worked to build relationships with powerful people who have a true commitment to equity and support for those who have less.
I’ve also begun the steps to make my business a social enterprise. The true challenge in being a business that works for social good will be to find a balance between profit, sustainability, and social impact. I aim to do exactly that!
Why did you join NCIA? What’s the best or most important part about being a member of the Social Equity Scholarship Program?
It was important for me to build a network and NCIA is just the trade organization to help me do that. NCIA has been a platform that helps me get into the doors that I usually wouldn’t be able to access. I am able to ask important questions about the development of my business to those with answers. The social equity program allows me to chat with those from similar upbringings while sharing the tools and resources to help us all succeed. The most valuable part has been the sounding board and emotional support that the group continues to provide.
As a nation, we have to be accountable for the “war on drugs” as everyone turns their eyes toward federal legalization. Without accounting for the harm that continues we’ll never get to the “better days” that the people deserve.
Video: NCIA Today – Friday, December 10, 2021
NCIA Deputy Director of Communications Bethany Moore checks in with what’s going on across the country with the National Cannabis Industry Association’s membership, board, allies, and staff. Join us every Friday here on Facebook for NCIA Today Live.
Video: NCIA Today – Friday, December 3, 2021
NCIA Deputy Director of Communications Bethany Moore checks in with what’s going on across the country with the National Cannabis Industry Association’s membership, board, allies, and staff. Join us every Friday here on Facebook for NCIA Today Live.
Thoughtful Legislation: States Reform Act Introduced
Photo By CannabisCamera.com
By Michelle Rutter Friberg, NCIA’s Deputy Director of Government Relations
Recent polling from Gallup showed that an astonishing 68% of Americans believe that cannabis should be legal. And while support spans age groups and party lines, cannabis is usually thought of as an issue Democrats champion – but one woman is looking to change that.
This week, freshman GOP Congresswoman Nancy Mace (SC) officially threw her hat in the cannabis reform ring with the introduction of the States Reform Act. Notably, this is the second comprehensive cannabis bill introduced by a Republican member of Congress (the other was sponsored by Rep. Dave Joyce, one of the co-chairs of the Cannabis Caucus).
According to Rep. Mace’s office, here are some of the things the bill does:
Ensures that no state or local government will be forced to change its current cannabis policies by removing cannabis from Schedule I and deferring to states.
Regulates cannabis federally like alcohol under USDA for growers, ATF/TTB for cannabis products, and FDA for medical use.
Institutes a low 3% federal excise tax on cannabis products to fund law enforcement, small business, and veterans mental health initiatives.
Ensures the safe harbor of state medical cannabis programs and patient access while allowing for new medical research and products to be developed.
Outlines the federal release and expungement for those convicted of nonviolent, cannabis-only related offenses. This will not include cartel members, agents of cartel gangs or those convicted of driving under the influence (DUI). Mace’s office estimates that approximately 2,600 releases will be expected at the federal level. State level releases and expungements will be left to each state to determine.
Protects military veterans by ensuring they will not be discriminated against in federal hiring for cannabis use or lose their VA healthcare benefits.
Protects children and young adults under the age of 21 from cannabis products and advertising nationwide. Incentivizes states to make cannabis illegal for anyone under the age of 21, with a medical exception for prescribed use. Provides funding to the Substance Abuse and Mental Health Services Administration to ensure protections for minors are being considered.
Protects medical cannabis for the following uses: arthritis, cancer, chronic pain, sickle cell, HIV/AIDS, PTSD and other medical uses per a state’s specific cannabis regulations.
NCIA applauds Rep. Mace for introducing this new and carefully thought out piece of legislation. There are many provisions in the bill that we support: low tax rates and barriers to entry, allowing states to lead – but also many areas with room for improvement like those pertaining to criminal justice and trade. NCIA will continue to work with Rep. Mace’s office to improve this bill and attempt to find common ground across political parties in order to advance cannabis policy reforms.
NCIA Announces Incoming Board Members
The National Cannabis Industry Association (NCIA) is announcing a slate of incoming members of its Board of Directors today, including six incumbent Board members and two new nominees selected by the organization’s Nominating Committee to serve for the Board’s 2022-24 term.
The organization’s Nominating Committee selected six incumbent board members and two new nominees to serve on the board for the 2022-24 term. The newly-selected board nominees are MadisonJay Solutions Managing Member and NCIA Policy Council Co-Chair Michael Cooper and The People’s Ecosystem CEO and Chair of NCIA’s Diversity Equity & Inclusion Committee, Christine De La Rosa.
“We’re pleased to welcome the new and returning members for the next board term. Their leadership will be instrumental in advancing our vision for a legal, well-regulated, and inclusive cannabis industry,” stated NCIA CEO, co-founder, and Board member Aaron Smith.
As the longest running trade association for cannabis businesses, NCIA has been advocating on behalf of the cannabis industry since 2010. The organization has always maintained a transparent and representative leadership selection process in order to reflect its diverse membership, composed primarily of small businesses in the burgeoning industry.
“As the only broadly representative trade association representing the cannabis sector at the national level, we will always lead with integrity and advocate for the policies that are best for the industry as a whole, not just a handful of operators,” continued Smith. “That means always standing up for policies based in equity, restorative justice, inclusive markets, and against protectionist policies such as arbitrary license caps. I’m confident our board will continue to exemplify those core values in the year ahead.”
The incoming slate of Board members will join directors already serving on the Board for the 2021-23 term. The full list of current Board members and their bios is available here.
Video: NCIA Today – Friday, November 5, 2021
NCIA Deputy Director of Communications Bethany Moore checks in with what’s going on across the country with the National Cannabis Industry Association’s membership, board, allies, and staff. Join us every Friday on Facebook for NCIA Today Live.
On the latest episode, Bethany announces the keynote speakers at #CannaBizSummit this December in San Francisco, shares a bit about Exspiravit this month’s Member Spotlight recipient, and covers compliance and extraction.
Registration to the Cannabis Business Summit in San Francisco is now open with special limited-time super early bird pricing on tickets available, head to our website for more information today.
Allied Association Blog: Memories of the Campaign for Prop 215
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
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.
Video: NCIA Today – Friday, October 29, 2021
NCIA Deputy Director of Communications Bethany Moore checks in with what’s going on across the country with the National Cannabis Industry Association’s membership, board, allies, and staff. Join us every Friday on Facebook for NCIA Today Live.
On the latest episode, Bethany announces the keynote speakers at #CannaBizSummit this December in San Francisco, checks in with some spooky, chilling tales of compliance gone wrong, and checks in with NCIA Deputy Director of Public Policy Rachel Kurtz-McAlaine about some serious slowdowns in the vape sector.
Registration to the Cannabis Business Summit in San Francisco is now open with special limited time super early bird pricing on tickets available, head to our website for more information today.
The PACT Act Final Rule Has Been Released Prohibiting the Mailing of Cannabis/Hemp Vaporization Products. Is Your Business Ready?
By Rachel Kurtz-McAlaine, NCIA’s Deputy Director of Public Policy
After months of delay, the United States Postal Service (USPS) has released its FINAL rule enforcing the Prevent All Cigarette Trafficking (PACT) Act, effective October 21, 2021, and unfortunately, they are indeed applying it to cannabis/hemp vaporization products. The PACT Act has now made it extremely difficult for anything related to vaporization to be mailed, either business to business (B2B) or business to consumer (B2C). Your business could be affected even if you are not mailing out products. Although this is a massive burden on the cannabis/hemp vape industry, there are ways to deal with it. NCIA remains vigilant in making sure the federal government understands this unnecessary hardship to the industry, and making sure our members are fully educated on this issue.
What is the PACT Act?
The Prevent All Cigarette Trafficking (PACT) Act went into effect June 29, 2010, applying strict regulations to the mailing and taxation of cigarettes and smokeless tobacco products, effectively banning the mailing of cigarettes unless authorized by an exception. With the rise of e-cigarettes, especially their popularity among youth, Congress decided that vaporization products should be included in those provisions. On December 27, 2020, Congress modified the definition of “cigarettes” to include Electronic Nicotine Delivery Systems (ENDS), broadly defining ENDS to include nearly all vaporization products, regardless if they contain nicotine or are used for nicotine. Specifically:
“(1) any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device; and (2) any component, liquid, part, or accessory of an ENDS, regardless of whether sold separately from the device.”
When the USPS issued their notice of proposed rulemaking, they received more than 15,700 comments, with many expressing frustration with the broad interpretation of ENDS, so the USPS delayed issuing FINAL rules while it considered the practical application to the unique cannabis and hemp industries. NCIA was proud to submit comments with a broad coalition and to issue an action alert to get our members to express their concerns.
In the meantime, the USPS issued a guidance document (“April 2021 Guidance”) (86 FR 20287) to help prepare businesses for the final rule and what documentation will be needed to apply for an exception. The exceptions include:
Intra-Alaska and Intra-Hawaii Mailings: Intrastate shipments within Alaska or Hawaii;
Business/Regulatory Purposes: Shipments between verified and authorized tobacco-industry businesses for business purposes, or between such businesses and federal or state agencies for regulatory purposes;
Certain Individuals: Lightweight, non-commercial shipments by adult individuals, limited to 10 shipments per 30-day period;
Consumer Testing: Limited shipments of cigarettes sent by verified and authorized manufacturers to adult smokers for consumer testing purposes; and
Public Health: Limited shipments of cigarettes by federal agencies for public health purposes under similar rules applied to manufacturers conducting consumer testing.
18 U.S.C. 1716E(b)(2)-(6). These exceptions are the ONLY way to mail these products moving forward. Unfortunately, the USPS was not accepting applications for exceptions until the final rule was published, but now that it has been published, it is time to apply for an exception.
FedEx and UPS have already banned delivering these products, so they are out as an alternative.
How can it affect me?
If you manufacture, sell, or buy vapor products, you will be affected. Manufacturers and distributors who use the mail to get their products to stores for resale (B2B) will have to apply for an exception through the USPS Pricing and Classification Service Center. If you are a business receiving these products, you will have to work with the business that mails it to you to be included in their exception as a recipient. If you are a retailer who delivers vaporization products to consumers via the mail, such as online retailers (B2C), you will also need to apply for an exception. If you buy the end products as a consumer, expect an increase in price because of the extra costs placed on the suppliers.
What should I do?
If your business has ANYTHING to do with the manufacture, delivery by mail, or retail of cannabis/hemp vaporization products, including liquids, batteries, empty cartridges, etc., you should get familiar with this final rule that is in effect as of October 21, 2021. The USPS spends the time addressing potential issues or suggestions from the comments it received, so any questions of why they did something are probably answered there.
You will also want to read the guidance document the USPS issued in the Spring that details if you qualify for an exception and how to apply for it. This will require cooperation between the mailer and the recipient, so make sure you are working with your supplier/retailer to get all the necessary information.
What is NCIA doing?
NCIA remains committed to making sure our members understand all of the legal ramifications and how to continue operations despite this rule. We continue to work with our coalition partners to better understand the effects and best practices, and will share with you as much information as possible to ease the transition via blog posts and webinars.
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.
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.
NCIA Deputy Director of Communications Bethany Moore checks in with what’s going on across the country with the National Cannabis Industry Association’s membership, board, allies, and staff. Join us every Friday on Facebook for NCIA Today Live.
On the latest episode, Bethany discusses the millions of dollars the cannabis industry is losing each year to moisture, an update on cannabis policy reform in D.C. as the federal government acts on other issues, an upcoming Fireside Chat Webinar with our Government Relations Team on environmental sustainability, and more.
Registration to the Cannabis Business Summit in San Francisco is now open with special limited-time super early bird pricing on tickets available, head to our website for more information today.
Video: NCIA Today – Friday, October 15, 2021
NCIA Deputy Director of Communications Bethany Moore checks in with what’s going on across the country with the National Cannabis Industry Association’s membership, board, allies, and staff. Join us every Friday here on Facebook for NCIA Today Live.
Take A Survey: U.S. Cannabis Industry Sentiment and Business Conditions
NCIA chief economist and his cannabis economics firm, Whitney Economics, are collaborating with NCIA to conduct a national survey of businesses and stakeholders in the U.S. cannabis industry. Below, please find a link to the Survey of U.S. Cannabis Industry Sentiment and Business Conditions. It examines the key issues facing the industry including what you are experiencing when doing business in the industry. The survey seeks to investigate what is working and what can be improved from the perspective of businesses and stakeholders in the cannabis industry.
The goal of the survey is to tabulate ancillary business and cannabis operator opinions on the state of the U.S. cannabis market. Responses are confidential and will be kept anonymous.
Your participation and insights will help policymakers understand the issues that face the industry from your perspective. The survey takes between 4–5 minutes to complete. Please complete the survey by Sunday, October 31.
The initial analysis will be made available to all participants later this fall.
If you have any questions regarding the survey, please contact Beau Whitney from Whitney Economics at Beau@whitneyeconomics.com
Thank you for supporting this survey.
Video: NCIA Today – Friday, October 8, 2021
NCIA Deputy Director of Communications Bethany Moore checks in with what’s going on across the country with the National Cannabis Industry Association’s membership, board, allies, and staff. Join us every Friday here on Facebook for NCIA Today Live.
How Sweet It Is… Contemplating Cannabis Confections
by Rachel Kurtz-McAlaine, NCIA’s Deputy Director of Public Policy
Have you ever had a bad experience eating edibles? Someone gave you a homemade brownie, you ate it, and they were like, “You weren’t supposed to eat the whole thing!” There are many people who won’t eat edibles at all because of past negative experiences. Maureen Dowd’s now infamous column about her harrowing experience eating too much of an edible was from an infused chocolate bar she bought from a licensed retail facility in Colorado. That didn’t do much to help the scary reputation of edibles.
Dowd’s article quoted Andrew Freeman, Colorado’s Director of Marijuana Coordination at the time: “There are way too many stories of people not understanding how much they’re eating. With liquor, people understand what they’re getting themselves into. But that doesn’t exist right now for edibles for new users in the market.” To imply that liquor is somehow safer was disingenuous and dangerous. In the seven years since this article was written, it’s clear that the alarmist predictions about cannabis edibles aren’t coming true, but I just read an article about another fraternity pledge that died recently from alcohol poisoning.
However, Dowd and Freeman were both correct that as the responsible cannabis industry that we are, we should be educating our consumers on the potential harm from overconsumption (e.g. extreme discomfort) and how to properly titrate. While we know it’s not as dangerous as it’s made out to be, happy customers make for repeat customers. We have gotten more sophisticated as an industry in the last seven years with things like labeling, dosage, and consistency, but there is so much potential for more innovation and refinement.
I consider edibles to be one of the best things to come out of the legal, regulated cannabis marketplace, and they’re gaining in popularity. According to BDSA, the edibles market grew 39% over the past year, and with good reason: people prefer the healthier aspect of eating to smoking, it’s more discreet, and it’s consistent. For some people it’s like eating a gummy vitamin or dietary supplement. There is also a trend toward micro-dosing, especially if the edible is so tasty it should be enjoyed in larger quantities, and playing with ratios between THC, CBD, and other cannabinoids. People can pay attention to their bodies and discover what amount works best for what they’re trying to achieve.
I was honored to speak recently at the American Association of Candy Technologists’ 2021 Technical Seminar. They were incredibly friendly people, and I’m not just saying that because they gave me enough candy it reminded me of trick or treating in that good neighborhood where there are a ton of kids and all the houses are decked out and you come home with a huge bag full of candy. They were genuinely nice! We played trivia and roasted s’mores in the evening. It felt like the summer camp every kid dreamed of going to.
They were also extremely interested in learning more about the cannabis industry. NCIA was invited to speak through one of our common members, Clara Food Technology, who provides expertise in making better cannabis edibles through science. In fact, most of the people I met who were interested in the industry weren’t planning on starting their own edible company, but providing the industry with some pretty incredible food science expertise that can only make the industry better as a whole. Cool things like making sure candy doesn’t get too hard or stick together, the ingredients are properly mixed so they’re consistent throughout, ramping up production with new systems and machines, and staying shelf-stable.
People who are entering the edibles market should absolutely find one of these food science consulting companies from the start to help avoid costly errors. Edible companies should have a food science consultant on hand, or even on staff, to elevate the quality and consistency of the products, and bring fresh ideas.
If you’ve been hesitant, take another look at edibles and the value they bring to the cannabis industry. We’ve come so far since the Dowd article, but the potential is limitless.
Member Blog: Protecting Your Cannabis Business from Ransomware
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.
Equity Member Spotlight: Endo Industries – Nancy Do
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.
Endo Industries CEO & Co-founder, Nancy Do
I was raised in Eastside San Jose by parents who are Vietnam War refugees and moved to San Francisco 12 years ago where my cannabis entrepreneurship journey began. I started off as a grower in my garage in San Francisco and started to expand into grow houses, greenhouses, and warehouses to build what is now Endo Industries.
I built Endo Industries because despite living through some of the lowest times of my life such as getting raided, going to jail, and going through years of emotional roller coasters with the criminal justice system, I know my experience, passion, and background is what cannabis needs. Endo is grounded in science, elevated by culture. Endo represents equity, diversity, the hustle, and the grind and we are building something in cannabis that is exceptional and collaborative. I love this plant and everything plant medicine can represent. I’m not going to let this industry become one-dimensional.
What unique value does your company offer to the cannabis industry?
Endo is a queer female, legacy, and social equity-owned and operated parent company, which is a mouthful but also a unique value proposition in itself. I’ve seen legacy and equity cannabis companies come up with great ideas, passion, experience, and drive but are lacking in organization, upper management, high-level strategy for the long game, and key resources such as genetics, a reliable supply chain, and capital (including in Endo’s own experiences!). As a team, we deeply understand this plant and the creativity of what cannabis culture is and can be. We bring something different and fresh.
Endo provides a few unique things in our model:
Plants from tissue culture free of pests and diseases to our growers and tissue culture services to elevate and protect our brands and breeders
A strong stance of direct and real support for equity and legacy operators through our partnership with Locals Equity Distro to provide distribution services for over 25 equity, legacy, queer and women-owned brands in CA
Workforce and economic opportunity for the Re-Entry Community who have been formerly incarcerated
A tech, blockchain component to collect and share data
What is your goal for the greater good of cannabis?
Virus-free tissue culture plants at Endo’s lab in San Francisco
My greater goal is to create a platform and community that enables the normalization of safe, affordable access to cannabis while uplifting communities that have been affected by the war on drugs. I want to build a world in which we can celebrate art, culture, diversity, and cannabis all in one. And no, it’s not the idealist in me; I know this is the way the world needs to reconnect, compassionately with each other in spite of our differences. We’d certainly find that we have more in common than meets the eye if we let our walls down.
What kind of challenges do you face in the industry and what solutions would you like to see?
Being a queer women of color while also building a business that serves the greater good of our communities is no walk in the park. I would like to see investors and potential partnerships trust, respect, and invest in leaders like me. We need access to real capital and partnerships without undervaluing or controlling our businesses. We can build profitable, thriving businesses if we are just given the chance and there is no better place than the cannabis industry to start.
Why did you join NCIA? What’s the best or most important part about being a member through the Social Equity Scholarship Program?
I’ve always wanted to join NCIA but the membership fee was a barrier to entry. I’m grateful for the opportunity to be a part of an organization giving a voice and making space for equity and under-represented founders both on the legislative level and through NCIA’s channels.
Anything else: What is Endo’s growth plan for the next year?
We just launched a smaller raise of $1M and will be going for a larger round of $4M shortly thereafter. These funds will be used to expand our plant genetics offerings into new territories in the US and globally, which will allow us to foundationally launch the Endo model in every new territory. No doubt, Endo is going to make big waves this coming year to set ourselves up for the many years to come.
Video: NCIA Today – October 1, 2021
NCIA Deputy Director of Communications Bethany Moore checks in with what’s going on across the country with the National Cannabis Industry Association’s membership, board, allies, and staff. Join us every Friday here on Facebook for NCIA Today Live.
House Floor Debates, Markups, and Beyond for SAFE Banking and MORE Act
Photo By CannabisCamera.com
By Michelle Rutter Friberg, NCIA’s Deputy Director of Government Relations
Usually, things are somewhat slow when it comes to cannabis policy reform in Washington, D.C., but the last week has been quite the whirlwind! In the span of one week, the SAFE Banking Act was included in (and passed via) the must-pass National Defense Authorization Act (NDAA) and the House Judiciary Committee marked up and subsequently passed the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act!
Last week, the House passed the language of the SAFE Banking Act for the fifth time via the must-pass NDAA. NCIA and our allies on Capitol Hill are always trying to be creative and come up with new, different avenues to advance our policy priorities, and the NDAA was a great opportunity that we were able to take advantage of! At first, there were some concerns that the language (proposed as an amendment to the larger package) would not be ruled germane, however, we were able to clear that hurdle in the House Rules Committee, allowing the provision to move forward for Floor debate and a vote.
The amendment was then debated for a short period of time on the House floor and for the first time ever, passed via voice vote! This is incredibly exciting and reinforces the strong, bipartisan support that this legislation has.
SAFE’s inclusion in the Senate’s version of the bill is a bit more uncertain. Currently, the Chair and Ranking Member of the Senate Armed Services Committee (which has jurisdiction over the NDAA) have circulated their draft of the package that differs in many ways from the House’s bill. Here at NCIA, we will be working with Senate allies to determine what’s next for the NDAA in that chamber and collaborating with other stakeholders to ensure that the SAFE Banking language is included and passed into law. I’ll be the first to admit that I am not (nor have I ever been) a defense lobbyist, however, I’m definitely getting a crash course now!
Then, less than 24 hours later, the House Judiciary Committee announced that they would be holding a markup on the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act. You’ll recall that the MORE Act was marked up in that committee in November 2019 (during the last Congress), and passed by a vote of 24-10. Then, after all of the other relevant committees waived their jurisdiction, the MORE Act was brought to the House Floor in December 2020 and passed 228-164.
While the MORE Act passed out of the Judiciary Committee this session by a vote of 26-15, the bill still has a long journey ahead of it. It’s unlikely that committees like Ways and Means and Energy and Commerce will waive their jurisdiction again, and it’s critical to remember that the chamber actually became slightly more conservative following the 2020 election. Additionally, there is no companion legislation in the Senate as of publication.
As always, NCIA will continue to work with our allies and stakeholders on and off Capitol Hill to get these policies enacted into law. Have questions? Find me on NCIA Connect. Want to become more involved with policy at NCIA? Learn more about our new Evergreen Roundtable here.
Video: At a Glance – Highlights from #MWCannaBizCon!
The industry’s most influential trade association guided the Midwest into a wealth of opportunity and growth at the 2021 Midwest Cannabis Business Conference last week in Detroit, Michigan. At #MWCannaBizCon, attendees networked with industry leaders, found products and services to grow their cannabusiness, and took advantage of the specially curated content focusing on the Midwest market.
Watch this video for highlights, and be sure to join us in December at #CannaBizSummit on December 15-17 in San Francisco.
Video: NCIA Today – September 17, 2021
NCIA Deputy Director of Communications Bethany Moore checks in with what’s going on across the country with the National Cannabis Industry Association’s membership, board, allies, and staff. Join us every Friday here on Facebook for NCIA Today Live.
Video: NCIA Today – September 10, 2021
NCIA Deputy Director of Communications Bethany Moore checks in with what’s going on across the country with the National Cannabis Industry Association’s membership, board, allies, and staff. Join us every Friday on Facebook for NCIA Today Live.
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.
Video: NCIA Today – September 3, 2021
NCIA Deputy Director of Communications Bethany Moore checks in with what’s going on across the country with the National Cannabis Industry Association’s membership, board, allies, and staff. Join us every Friday here on Facebook for NCIA Today Live.
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 Salesforceto 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.
Video: NCIA Today – August 27, 2021
NCIA Deputy Director of Communications Bethany Moore checks in with what’s going on across the country with the National Cannabis Industry Association’s membership, board, allies, and staff. Join us every Friday here on Facebook for NCIA Today Live.
Grab your tickets NOW for the Midwest Cannabis Business Conference. Join us on September 22nd and 23rd in Detroit, Michigan. Current NCIA members receive discounted or even sometimes FREE tickets to our trade shows, depending on your membership level. Head to www.MidwestCannabisBusinessConference.com today to secure your tickets. You’ll soon be hearing more about our 7th Annual Cannabis Business Summit and Expo in San Francisco, as well, being held later in the year on December 15th through 17th, so stay tuned for those updates soon.
Committee Blog: What Retailers Can Do To Support Social Equity
Social equity can be boiled down to a way of seeking remedy for the harms caused by the racist war on drugs and to help individuals, families, and communities that have been disproportionately impacted by prohibition. A big part of this is making sure that no one is left behind by the economic developments created by making cannabis legal. As local, state, and federal governments continue to grapple with implementing policies that effectively address this issue, there is a lot the industry can – and should – do to help make sure that the opportunities in regulated cannabis markets are inclusive and equitable, and to help support businesses owned by members of marginalized communities.
As many as 70% of consumers want brands to take a stand on social and political issues. That’s a 66% increase from 2017, according to Sprout Social’s 2019 #BrandsGetReal survey. Customers are more likely to purchase from companies that take a stand on causes aligning with their values and more importantly, companies hold the power to make a difference; even if it’s encouraging people to take baby steps towards a larger solution. Data shows they might already be doing that, because 67% of consumers say brands are raising awareness around just causes, and 62% believe brands are educating them on important topics.
Here are just a few ways that cannabis retailers can help be a part of the social equity solution to economic unfairness created by the failed war on drugs:
Partner with Job Programs
Cannabis arrests or convictions can erect barriers in someone’s life. More specifically, they can affect housing, education, and career prospects. Consider partnering with city, state, and national programs and organizations that are creating pathways to cannabis ownership and employment – including the formerly incarcerated – to create job opportunities for underserved communities.
Expungement Days
Reach out to a local law firm or social justice organization and talk about hosting “expungement days.” Your efforts will help provide free legal measures for expunging low-level cannabis-related convictions. The Last Prisoner Project is a cannabis reformation project seeking to release prisoners currently convicted for cannabis-related crimes and help them assimilate back into society. However, local organizations may often have direct experience with this work in your communities and have well-established relationships with them to help better connect with the people who need these services the most.
Reach out to them and see what they recommend before planning your expungement day. You can also find out more information about expungement efforts nationally at the Collateral Consequences Resource Center.
Create shelf space
Socially conscious companies should show equity and racial justice on your stores’ shelves. Whether it is making a “social equity section” or finding ways to educate budtenders on the merits and stories behind the products, you will be moving sales in the right direction and promoting socially conscious consumer patterns. You can also provide tabling space for brand ambassadors to help promote social equity company products that you carry. This not only helps the brands but also creates greater loyalty to your store.
Find products that are both socially equitable and fit your dispensary’s needs. That way, you push the product because you love the product, not just because it’s trendy. But in doing so, you are contributing to positive social change and acceptance, and driving commerce toward BIPOC-owned companies. Remember, the goal is equity.
Form equitable partnerships for ownership
Are you a retailer, cultivator, or production company? Maybe you’re a vertically integrated, multi-state operation. You might not even touch the cannabis plant at all, but provide services to those who do. No matter who you are in cannabis, find ways to partner with social equity companies and help increase their recognition. Maybe it’s mutually beneficial joint venture projects on brands or another arrangement, but find ways to form fair and collaborative relationships.
Above all, keep it real
In the end, authenticity is key, and to take a stand in a way that inspires customers: your message can’t be filled with empty words. If you’re a company that’s looking for causes to rally behind, keep it in your wheelhouse and make sure your audience will resonate with the partnerships you’re creating.
Retail businesses have the power to become change agents and inspire customers to take action in their own backyards. Seek out opportunities like the ones we mentioned and provide opportunities for wealth generation, education, and social restoration in marginalized communities.
According to statistics, you’ll make a lasting impression on your audience, increase sales, and you’ll be a force for positive social change as you impact lives in your community and beyond. What’s better than that?
Committee Blog: Cannabis And Cancer – As We Go Forward (Part 1)
No part of the following information should be construed as medical advice on the part of NCIA.
As a cannabis industry professional, you’ve probably been asked the question: “Is it true that cannabis cures cancer?” If we know someone who has cancer and benefited from using cannabis, we may say “cannabis aids in the treatment of cancer.” However, medical research has not indicated that cannabis cures cancer. NCIA’s Scientific Advisory Committee is reviewing the scientific data related to cannabis as an additional treatment to traditional care in the management of cancer.
Our three-part blog aims to give you accurate andup to date information about cannabis and cancer by looking at the federal regulations governing cannabis research; reviewing past, current, and future research; a review of how our cells and the endocannabinoid system (ECS) work together to disable cancerous cells; and looking at institutions involved in cannabis studies.
According to the CDC, cancer is the second leading cause of death in the United States and second on the WeedMaps list of most common conditions that qualify you for a medical cannabis card. This is interesting, but really not a surprise as archeological evidence suggests this sacred plant has been used for medicinal purposes for thousands of years. According to the Pen Tsao Ching, written nearly 5,000 years ago, cannabis is recommended for many of the same diseases and conditions that occupy the current composite qualifying lists in the states where cannabis is legal for medical purposes. This history magnifies the significance of the endocannabinoid system, a little-known, but incredibly important system that maintains balance in our bodies at the cellular level.
Cancer is a disease that begins when the cells of our body go completely out of balance. Instead of following the instructions of their genes, cancer cells become destructive to the body they live in. Cancer starts when one or a small group of cells begin growing out of control. It takes many forms, including blood cancers (leukemia, lymphomas), bone cancer, skin cancer, and solid tumors (e.g., stomach, lung, breast, prostate, ovary). Depending on how aggressive the cancer is, it may metastasize, meaning it can spread throughout the body.
Cancer Diagnosis
If you or someone you know is diagnosed with cancer, always get a second opinion. Be sure when choosing a doctor or Cancer Center that they have solid knowledge of all treatment options for your type of cancer, and understand that diet and lifestyle are critically important for healing.
If you want to use cannabis as a cancer treatment, find a doctor who is knowledgeable about how cannabis can affect the metabolism and effectiveness of chemotherapy and understands the invaluable medicinal benefits. For example, cannabis can alleviate symptoms associated with cancer treatments including pain, nausea, vomiting, weight loss, numbness, tingling, and anxiety. A summary of patterns of cannabis use among cancer patients in the United States can be found here, along with a brief review about patterns of use of medical cannabis among Israeli cancer patients.
Cancer treatment depends largely on the type of cancer, its stage, and what your doctor recommends. The most common treatments are surgery, chemotherapy, and radiation therapy. There are several more advanced treatment options but few insurance companies cover them. Chemotherapy and radiation therapy have significant and unpleasant side effects because healthy cells are often destroyed in the process of killing cancer cells.
The Current State of Cannabis and Cancer Research
Under the existing political and legal landscape, cannabis research has faced multiple hurdles. Currently, little to no research on the medical benefits of cannabis has been done in federally funded institutions due to its federal illegality.
The most serious hurdle is the lack of experimental data proving there is great medicinal value in the plant. Even so, there are numerous physicians, scientists, and other professionals who believe there is no plant on earth with greater medicinal value than cannabis.
Next Steps in Cannabis Research
Hopefully, more clinical trials will be performed as political and legal requirements are improved and clarified.
The National Cancer Institute hosted a“Cannabis and Cannabinoids and Cancer Research Symposium”in December 2020 to “address current barriers to research and strategies to navigate these hurdles to ensure the feasibility of rigorous studies designed to address gaps in knowledge as well as potential research opportunities in the area of cancer-related cannabis research.”
In essence, we’re missing consistent and reproducible evidence that cannabis can treat cancer and treat the side effects of conventional cancer treatments. Also, we need more doctors educated on cannabis use amongst patients with cancer. Oncologists (cancer doctors) want more information about medical marijuana and cannabis.
Recent surveys reveal 30% of oncologists feel they can advise their patients about cannabis formulations in conjunction with their therapy.
The majority of oncologists as well as the American Cancer Society state, “do not forgo conventional therapy in favor of cannabis products only.” Dr. Donald Abrams, an integrative oncologist, discussed this issue in an article, “Should Oncologists Recommend Cannabis?’
In our next blog post, we will explain how the ECS and cells in our bodies interact with cannabis to disable threats from cancer cells.
Ann Allworth, PhD, is a cell biologist, who for more than 35 years has been educating adults, first in medical schools as an anatomy professor; then in the natural product industry, teaching the immense value of phytonutrient-rich foods and herbs to optimal health and well-being. Upon learning of the endocannabinoid system, she founded Cannabis Education Solutions, a company dedicated to illuminating minds to the vast nature of the endocannabinoid system and its unparalleled role in human health. Ann is now semi-retired and will soon be making a transition to a partnership in a new organization involved in medical cannabis advocacy.
Cynthia Shelby-Lane, MD, is an emergency physician, board-certified in anti-aging and functional medicine, and a certified Marijuana Doctor practicing medicine in Detroit, Michigan. Dr. Shelby-Lane has certified more than 10,000 medical cannabis patients in the State of Michigan. She coaches patients on their use of cannabis in conjunction with their current medications and medical conditions. She has been a member of NCIA and the Scientific Advisory Committee for the past five years, in addition to membership in multiple cannabis associations and organizations. She speaks at conferences/webinars and in the community on the use and benefits of cannabis and the evolving landscape of cannabis research. Dr. Shelby-lane has worked closely with the Last Prisoner Project.
This site uses cookies. By using this site or closing this notice, you agree to the use of cookies and our privacy policy.
by Mike Lomuto, NCIA’s DEI Manager
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. 
My name is Michael Webster, and I am the Founder & Managing Member of 
By Rachel Kurtz-McAlaine, NCIA’s Deputy Director of Public Policy 
By NCIA’s Retail Committee
by Ann Allworth, Ph.D. And Cynthia Shelby-lane, M.D.
Ann Allworth, PhD, is a cell biologist, who for more than 35 years has been educating adults, first in medical schools as an anatomy professor; then in the natural product industry, teaching the immense value of phytonutrient-rich foods and herbs to optimal health and well-being. Upon learning of the endocannabinoid system, she founded 