Federal Court Rules Delta-8 Products Legal Under ‘Plain Text’ of Farm Bill

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A federal court in California on Thursday ruled that the 2018 Farm Bill – which federally legalized hemp in the U.S. – repealed prohibitions on other cannabinoids including delta-8 THC, the San Francisco Chronicle reports. The Ninth U.S. Circuit Court of Appeals in San Francisco determined that the cannabinoid has “psychoactive and intoxicating effects” like delta-9 but is not a “marijuana” product and not explicitly banned by the Controlled Substances Act.

“Regardless of the wisdom of legalizing Delta-8 THC products,” Judge D. Michael Fisher wrote in the 3-0 opinion, “this court will not substitute its own policy judgment for that of Congress.”

The ruling came in a trademark case, AK Futures LLC v. Boyd Street Distro LLC, in which AK accused Boyd Street of selling counterfeit versions of its delta-8 products. The court found that since the 2018 Farm Bill legalized hemp, and therefore delta-8, trademark infringement can occur and did occur in the case.

“The record on appeal convinces us that AK Futures’ delta-8 THC products are lawful under the plain text of the Farm Act and may receive trademark protection,” the opinion states. “As we have noted, this conclusion is necessarily tentative given the nature of preliminary relief.”

Dale Gieringer, director of California NORML, told the Chronicle that the decision “is federally legalizing a psychoactive cannabinoid about which relatively little is known while keeping the amply studied Delta-9 illegal.”

“It makes more sense to legalize Delta-9,” he said, “which has been studied exhaustively in thousands of subjects and research protocols over the decades.”

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Cannabis Tax-and-Reg Bill Fails In Delaware House

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The bill to create a taxed and regulated cannabis industry in Delaware fell two votes short in the House as one of the co-sponsors was absent for the vote, WHYY reports. The legislation required a three-fifths majority to pass and the bill’s primary sponsor, state Rep. Ed Osienski (D), changed his vote to “no” – a procedural move that will allow the proposal to be brought again before the General Assembly as bills that fail by just one vote cannot be considered a second time.

No Republicans voted for the bill along with just one Democrat – the final vote was 23-15 with two absent and one abstention. That bill required a three-fifths majority to pass the Legislature because it imposes a 15% sales tax on cannabis sales.

The vote comes a week after the Senate sent a decriminalization bill to Gov. John Carney (D). The tax-and-regulate effort was part of a two-pronged approach to enacting broad adult-use reforms in the state. Carney has expressed support for the decriminalization bill – although he has not said whether he will sign it into law.

Following the vote, Zoë Patchell, executive director of the Delaware Cannabis Advocacy Network, called the bill’s failure “quite disappointing.”

“It’s so disappointing because you have significant public support for this bill, and because of the three-fifths majority, we keep coming up short.” – Patchell to WHYY

Under the decriminalization bill on Carney’s desk, possession and use by adults would be legalized while possession of non-medical cannabis by anyone under 21 would still result in a civil penalty, possession of more than one ounce, and public consumption would remain misdemeanors. The bill also allows adults to “transfer,” but not sell for payment or other consideration, an ounce or less to another adult.

The tax-and-regulate legislation would license up to 30 retailers and 15 cultivators and up to 15 manufacturing facilities, the report says. Home cultivation is not permitted under the decriminalization bill or the industry legislation.

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Ohio Awards 70 Provisional Medical Cannabis Licenses

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The Ohio Board of Pharmacy (OBP) awarded 70 new provisional medical cannabis licenses on Monday, Cleveland.com reports. To become fully licensed, each licensee must now build a state-compliant facility and pass an OBP inspection.

A certificate of operation will be awarded after a positive inspection, at which time each provisional licensee will have 270 days to open their doors. The process to expand Ohio’s 58 existing medical cannabis dispensary licenses started in April 2021 after a review by the agency determined the system needed upgrading for a variety of reasons, including a lack of dispensaries in the western part of the state, the state having thinner dispensary density than other medical cannabis states, and more patients than expected having signed up for the program.

The board has a goal of 1,200 patients per dispensary district. Three more licenses are under consideration but a decision on those is forthcoming. One more hangs in the balance of a lawsuit, the report says.

Ohio received 1,465 applications in this latest round of provisional licensing. The winners were chosen via a lottery drawing, where they were then ranked per dispensary district for scrutiny by the board for their applications, business plans, and other documents.

The report says this round was “different” than the first, when many who were denied licenses sued after claiming the board staff were not objective, leading to lawsuits that played out for years. Many applicants were denied licenses this round due to being less than 500 feet from a school or other prohibited facility.

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George Allen: The Importance of Team-Building In Cannabis Business

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From transitioning out of a self-described “boring” career in finance, to heading one of the East Coast’s biggest multistate operators to eventually moving to California to focus on team- and brand-building for Lowell Farms, few people have experience in the cannabis industry like George Allen.

In the latest Ganjapreneur.com Podcast interview, George and our host TG Branfalt discuss George’s exit from a Wall Street finance career to join the cannabis industry, his time as the President of Acreage Holdings (during which he approached the former Republican Speaker of the House John Boehner about endorsing the cannabis legalization movement), as well as the eventual transition from working for an MSO to joining up with the California-focused Lowell Farms. The interview also covers advice for building a strong team in the cannabis space, the differences between medical and recreational cannabis markets, the importance of being passionate about the industry, and more!

Listen to the podcast interview below or through your favorite podcast listening platform, or scroll further down to find a full transcript of the episode.


Listen to the podcast:


Read the transcript:

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Cara Wietstock: Hi, I’m Cara Wietstock, culture editor at Ganjapreneur and host of our YouTube show, Fresh Cut. The best way to understand cannabis business is to speak directly to those who work within it. Fresh Cut was created to shine recognition on the people who fill these roles. In this interview series, we focus on those with their hands in the dirt, both literally and figuratively. From cultivators to bud tenders, educators to advocates, activists to lobbyists, we aim to illuminate the workers who keep this industry thriving. Enjoy one-on-one conversations with me and guests by watching along on the Ganjareneur YouTube channel and follow our social channels to keep up with the latest episodes. Have a great day.

TG Branfalt: Hey, there, I’m your host TG Branfalt. And thank you for listening to The Ganjapreneur.com Podcast where we try to bring you actionable information and normalized cannabis through the stories of ganjapreneurs, activists, and industry stakeholders. Today I’m joined by George Allen, he’s the chairman of the board for Lowell Farms, founder of cannabis industry investment firm, Geronimo Capital LLC, and former president for Acreage Holdings. Allen has been involved in multiple financing rounds, dozens of acquisitions, executive recruiting, and an initial public offering. How are you doing this afternoon, George?

George Allen: Hey, great. Thanks so much. I’m really grateful for the opportunity to talk to you today and really have enjoyed your podcast. So thanks for having me.

TG Branfalt: Thank you so much. You have done a lot in this industry, man. I’ve had a lot of guests on this show. I’ve been doing it since 2015. Somebody with your sort of breadth of knowledge, I’m really delighted to have you on. Before we get into sort of all these little things or big things that you have done, what is your background, man?

George Allen: I got to say it’s a little bit of a crime of fashion I got involved. I got involved in the industry after a pretty boring career in finance on Wall Street. I spent a lot of time, started out in finance and then moved into private equity. I did some fun stuff in software. I did a software roll up in a public company. And then more recently before getting into the industry, I ran a family office for a group of high network individuals in New York. And that’s when I first started getting exposed to cannabis because the family offices were the only investor group that was looking seriously at cannabis back only as short four, five years ago. And that’s when I started getting into it. I really saw the scale of the opportunity and how much blue sky there was. That’s what drew me in. And from there I was hooked.

TG Branfalt: So you described your life sort of before cannabis as boring and in finance. What are some of the biggest differences sort of culturally that you had to sort of deal with moving from something as boring as finance as you put it to the cannabis space?

George Allen: Well, I got to say the biggest challenge you’ve got in cannabis, there’s really two that I point to, but first is there’s no precedent for how to do things in cannabis right and how to do the med scale because it’s such a young industry. I don’t know that you’ve got a lot of precedent for that in other businesses where there’s a big industry that happens overnight but it has no analogs to it. And I think that’s the first challenge.

The second challenge that is just crazy is you just only have to walk 2 or 3 feet in this business before you find another stumbling block that is imposed by the federal policy in this business. That’s just super strange working with banks and trying to figure all that out, as well as employees and employment practices. There are a whole bunch of service providers that are available to most businesses that cannabis can’t avail themselves to. It’s a workable problem, but it takes clock cycles for sure.

TG Branfalt: Tell me about sort of the learning curve, right? I mean, you talked about these stumbling blocks. Maybe can you tell me about a specific instance sort of early on in your career that you had to sort of navigate through?

George Allen: Well, I’ll tell you, I’ll give you one that was kind of fun. Back in the early days at Acreage, the precedent of Acreage was a company called High Street Capital Partners then. It was very challenging to raise money. Back then Donald Trump had just been elected president. He put in a pretty anti-cannabis attorney general named Jeff Sessions. And Jeff Sessions had come out with a pretty militant view on cannabis. Raising money in that environment just to pay payroll was very challenging. I think it was about one year to Trump’s presidency where Jeff Sessions had come out and he pulled down a document called the Cole Memo. The Cole Memo had been some resting piece for cannabis entrepreneurs who were trying to make sure they weren’t going to jeopardize their career and their net worth by being involved in the industry.

And so, when he pulled down the Cole memo, it created a whole bunch of problems for everyone in the industry. That was actually when we first approached John Boehner about being on the board of a cannabis company, because I felt that you had to fight fire with fire. If Jeff Sessions was coming out arm swinging against cannabis, that we had to show the world that it was going to be okay to participate and invest in cannabis businesses.

It felt like we could do all the arm wave when we wanted to, but if we really wanted to punctuate that point, we had to bring somebody in that people knew and understood. Convincing Boehner to be on the board of a cannabis company was the best way we felt to do it. That was a fun conversation trying to get John to do it. But it really did save our schemes back then at the company, because it had made it a lot easier. In the wake of making that announcement and going on Good Morning America and doing all those stuff we did, it really did make it a heck a lot easier to get financing for a cannabis company.

And so that’s just one of the many stories we’ve had fighting this fight. In a lot of respect, it’s made the businesses better. It’s made the business a better because we’ve all watched what’s happened in Canada and the excess cause by capital euphoria that we haven’t seen that kind of capital euphoria in the United States. I think that’s made it harder, but it’s definitely made the businesses healthier and the industry healthier.

TG Branfalt: I just want to go back to a minute. This John Boehner thing, I wrote that when that broke. It was a big story at that time. I don’t know how much detail you can give me, but can you just tell me what was his reaction when you approached him with this?

George Allen: Actually to be honest with you, he was leaning pretty heavily in favor of it. He’d been trying to figure out his position on reconsidering where it was, where he wanted to come out on it, because he saw the shift. I mean, John has always been… He’s always been a center-driven Republican. I don’t think you can be Speaker of the House without doing that. And so I think he saw the writing on the wall, saw the shift, saw 64% of Americans in favor of legalization one form or the other. But largely, I think that there are many aspects that they convinced him to do it. There was the veteran angle and how much relief it was bringing veterans who were desperately in need of some relief from PTSD, from just a horrific amount of PTSD haunting our veterans, to the opioid epidemic and how much relief cannabis could pose for the opioid epidemic.

So it was a series of discussions that we had sitting down with John and walking him through the data and walking him through where he felt there was sufficient science and sufficient sort of public support. And eventually he said, “Yeah, I’ll lend my name to this cause and this in this journey.” It was a ton of fun. I’ve never experienced anything like it in my career and it was really exciting.

TG Branfalt: And I think to your point, it did help sort of change some of the rank and file more centrist, sort of maybe not the people in Congress, but certainly people that I know that are older than me that are sort of your moderate Republican. I think that changed their thinking a bit to see sort of one of their own somebody that they admire and in some respects enter the space.

You’ve been in this industry since 2017, which to a lot of people doesn’t seem like that long. I mean, if you think about it. But I mean for the cannabis industry, it’s a lifetime if we just sort of look at what’s happened with legalization since 2017, how many states have gone online through the legislative process, that sort of thing. Can you tell me how the industry in your estimation has changed since your entree into it?

George Allen: Yeah, that’s a great question. And it’s not that long. It’s not that long. There are people who have been doing this for a long time. And frankly, our success has really been on the backs of people who have fought a much harder fight for a much longer period of time. But you’re correct in saying the industry’s also shifted a lot, because acceptance has changed. I think there’s a couple things that are really going on in the industry that I find sort of investible trends. I think the first is, if you really look at what was going on cannabis, medical was the sort of the horse that everyone rode in on, right? It made a ton of sense. There’s a ton of injustice around the medical side. It made a ton of sense to wrap ourselves in the medical story originally because it really exposed the hypocrisy and the insensitivity that 75 years of terrible policy had implemented.

But I think we’re past the medical story now. I really do. And I think the consumer adoption and consumer acceptance is really migrating across the country where there’s much more willingness to be open to trying cannabis, there’s much more willingness to accepting the fact that cannabis can be a part of somebody else’s life even if it’s not only part of your life. I think that changes behavior patterns in a way that is something that we, as as a service provider in the industry, we need to pay attention to.

One trend that I find really particularly interesting is that smokable flower in California is the fastest growing category by dollars in California. And that’s really interesting. What’s interesting about that is I believe it’s telling you that the consumer is moving from formats that we’re really good at hiding cannabis consumption to moving to formats that are no longer concerned about hiding cannabis consumption. And I think that’s super enlightening. I think the raw plant here is put by far the most interesting form factor for consumers. It offers a ton of variety selection and choice, which a recreational consumer cares a lot about, right? But if you listen to an MSO, most of the time they’re going to talk a ton about consistency, right?

Consistency is a great sort of end objective if what your business is medicine. But consistency isn’t necessarily what you’re looking for in consumer offering of recreational cannabis, because recreational cannabis consumers, they love the journey, right? They love sampling different products and different strains and different plants. They’re not loyal to one stream, right? If you’ve got chronic back pain and you found the stream that’s going to relieve you from back pain, then you’re very likely to be loyal to that. But in recreational cannabis, which is I believe the more exciting and larger market, we don’t pray to the same God of consistency. What you pray to is quality, right? You need to have the quality in the product offering that consumers want.

That’s something that I’ve really learned from coming out here to California and sort of skinning my knee on the market out here, because it’s a market where consumers have a couple thousand choices of SKUs than a typical dispensary. If you go into a New York MSO dispensary, you might see 12 SKUs on the menu. And so you’ve got to go to the place where consumers have several thousand options to really understand what they’re looking for and what they want.

TG Branfalt: I mean, and to your point too, I think that we’re starting to realize also that people who have been using recreationally their entire lives, a lot of times are actually using medically. I don’t think it’s wrong to say that just because something makes you feel good, I believe that’s a sort of medical purpose.

George Allen: No, I couldn’t agree more. I couldn’t agree more. By the way, I don’t think it is right for any of us to judge why people use it. I think that it’s no different than any time in the past. Everybody is responsible for their own individual behavior. But the choice of how you recreate, I think that’s something we’ve shown the science behind cannabis. The social costs relative to the social benefit is profoundly in favor of normalization, so I’m right there with you.

TG Branfalt: You spoke a little bit about MSOs, which we’re talking about multi-state operators. You’d mentioned earlier there’s a lot of people who have been in this industry a lot longer than I have, you have. And so one of the things that I see quite a lot is a lot of blowback against the multi-state operator. I mean, here in New York we have that monopoly system and there’s a lot of sort of progressive stuff that was in the bill. I mean, we can smoke anywhere we can smoke cigarettes, which is pretty fantastic. But I think a lot of the sort of, let’s say stoner community at large, has a problem with a lot of these big companies coming in. They take over. Not to say that it’s a green goop kind of takeover of what’s going on. But I got to ask you, what role should multi-state operators have in the cannabis space?

George Allen: Well, boy, I could talk a long, long line for that. I’ve been on both sides of the fence, right? I ran a multi-state operator for quite some time and then I decided to head out to California and focus on California because I really wanted to build a brand and understand where the consumer was going.

Now, if you really want to deconstruct what the multi-state operator’s all about, it’s really at its essence these limited concession rights that almost like gambling casinos the states have given out. The premise originally was that cannabis has just an enormous amount of social danger to it. You got to be very careful about how much wildfire you start with cannabis. So the idea was to keep it very narrow and contained because with 10 operators, a regulator can guarantee that he knows where every throat to choke is if something goes wrong, right?

TG Branfalt: Gotcha.

George Allen: And I think that was originally the premise here of how they started with these limited license concessions. The reality is though, I think we’ve seen where the social cost and where the risk is in cannabis. I think that experiment is showing us that there’s less inherent risk here in having more of an open market approach to cannabis. Now, I know that’s not popular because that has a major impact on margins and that has a major impact on pricing in the marketplace. But that’s probably why you hear from so many consumers that it’s frustrating, because as I said, it’s not that interesting to go into a dispensary where you got 12 options like the MedMen store on Madison Avenue. That’s kind of boring relative to the MedMen store that’s located on North Hollywood. So in my opinion, the market sort of learning it… And there was never any promise to the MSO model that these concessions were going to be enduring forever. No single statute does it prohibit the state from issuing more licenses over a period of time. And so I think what you’re going to see is a more open market approach.

I also take the point of view that the federal government when they legalize or they decriminalize the product, you’re going to see more of an open market approach here regardless of how the individual states behave, because consumers aren’t going to wait for state by state permission to enjoy the cannabis that they want when the federal government decriminalizes this. So I think in a lot of respects, the states are going to lose a fair amount of strength and negotiating leverage at the table as the market matures here and decriminalization happens in Washington.

TG Branfalt: That’s a super insightful sort of response, especially from you being on both sides of it. You had said that you had shifted your focus to California. And so I want to ask you a couple questions about California is, what have you found that a company has to do in that state to reach success? Because it’s so competitive. And then not just reach that success, but maintain that success.

George Allen: Yeah. It’s all people. It’s all 100% people. You need to have a great team. That doesn’t necessarily mean have like IEP between the ears of a grower who’s a “master” grower. It means people that are willing to really shed blood for the business. I mean, it takes that type of dedication in a competitive industry like this where there’s so many people that get into the business because of passion but don’t necessarily have the execution skills or the business skills to succeed. But you have a constant flow of people that thinking they can. And defending against that in California requires that you build a really, really solid team that can fit, can work cohesively together because there’s no way that one single individual can do it on its own. It’s just too competitive of a market and too large of an opportunity. So I’m very focused on team recruiting, building culture, keeping with working on retention. There’s a ton of other aspects that sort of make up California, but if you don’t have the right people, you’re not even checking into to the airport with a ticket.

TG Branfalt: And so what are some of the challenges when recruiting the sort of high level executives that you need to sort of help lead that team? What attributes do you look for when recruiting high level positions?

George Allen: I think it’s hard. I wouldn’t say that there’s attributes. A lot of people early on thought cannabis looked like alcohol, so let’s look for alcohol. A lot of people think it looks like CPG, so let’s look for CPG. I don’t think that there are attributes from a sort of like a resume standpoint. What I do think is desire and passion and ability to really commit themselves to a goal and a vision. I think that’s something that we look for. It’s hard to look for as a screening process, but you can find out pretty fast after the fact. I also think, from my standpoint, it’s very hard for people who don’t have any experience with the plant, although we’ve got a number of extremely talented people on our team who play roles in the organization who don’t have a personal relationship or the plan.

And so I’m constantly surprised by that, but in lot of respects, I think what motivates them isn’t necessarily their loyalty to the all the green goodness that’s inside a cannabis plant, but rather their loyalty or the thing that drives them is the excitement around building and creating. That’s an opportunity that you get in cannabis. Cannabis is more of a blank canvas then you tend to get in other industries, and that’s been really exciting. So some people respond to that really well and some people respond to it as, “Wait a minute. You mean there’s no building plan or there’s no roll out plan that I can just look to and implement?” But rather we have to be creative and create it ourselves. And that’s right for certain people and not right for others.

TG Branfalt: I mean, I’m sure that you find yourself in situations where you’re looking at resumes or recruiting people who don’t have that experience, that background in cannabis. What businesses in industries do you see a lot of sort of people you recruit or that or that apply to you come from?

George Allen: So a lot of it’s geographic, like where are you? We’re in Monterey, which is in one of the most prolific areas in the country for growing, so growing anything from leafy vegetables to tomatoes. You tend to see a lot of people come from agriculture who are interested both back office as well as out in the field who are interested. In a lot of respects, cannabis is pretty interesting in that some people are just bitten by the bug in one form or another. And just by virtue of the fact that they submitted their resume is enough of an indication that they’re curious and they’re committed to learning about a new industry. And I think in a fair amount of respect as I said before, there isn’t necessarily like a ministry that we say, “Hey, we want to recruit everybody from this CPG or beer or liquor space,” but rather it’s more about their individual story and what they’re seeking and what motivates them.

TG Branfalt: So I want to switch gears a little bit and talk to just about some financing stuff. You’ve done an IPO, which again in the cannabis space is not super common. What are some of the challenges for doing an initial public offering in this space? How does it differ from more traditional industries?

George Allen: Well, I think a couple of things. Not to be overly technical about it, but what we did at Acreage was a reverse public takeover. So we basically merged into an existing shell. In a lot of respects, there’s many parts of it that are similar to an IPO, but technically speaking it RPO. I actually don’t think the differences between cannabis and other industries really exist, but I think I’m in the minority there. I think you actually need to communicate your story to investors with the same amount of clarity and transparency and honesty that other businesses hold themselves accountable to, or other successful ones do. And if you’re not going to do that, but rather you’re going to expect that investors are more tolerant or more lenient with sort of grievances so to speak than they would be with a mainstream industry, eventually you’re going to get burned.

The self-correcting mechanism that exists with investors is that management teams and owners, they’re the last guys who get paid. And so it’s not about how you start your journey. It’s about the full extent of your journey and where you end up. The mistake that many people make in cannabis is the journey’s over once you get the company public. That is just the very, very beginning. The promises that you make, people are going to remember those for a long period of time. Investors have a very long memory. Depending on where the cycle is and where capital markets are at the moment where you’re trying to go public, the amount of benefit that they’re willing to give you of the doubt changes. But that doesn’t really change how they’re going to look at you in arrears. They’re always going to hold you accountable for what you said and what you did.

TG Branfalt: And what, in your opinion, makes for a good company that can raise money? What do investors… You have a capital company. What attribute to a business do you see, and you say, “This is a good bet right here?”

George Allen: Well, the bet to get involved within this was really around the team and the infrastructure that they had. And I think it really changes situation by situation, but ultimately we’re looking for is the ability to build enterprise value over a long period of time. Enterprise value is a function of profitability times multiple. And so it’s really your perception of where those ingredients are sort of going to be harvested in the landscape. There’s one approach to just go and try to maximize profitability by going to a limited license marketplace and selling hotdogs inside the hotdog stadium for as high price as you can for as long as you can until the concession runs out. My challenge with that is I don’t think there’s a lot of terminal value there. I don’t think there’s much at the back end. Instead, we’re focused on building a brand that consumers embrace and associate with the use of recreational cannabis in a way that nobody has done before. And that’s where I see the highest enterprise value over the long term.

So I’m committed to that journey and that mission. I’ve communicated that to all my investors. I’m grateful to have an investing group behind us that knows what we’re trying to do and is extremely supportive. I think the fundamental pillar of maintaining a relationship with your investors is giving them transparency. It’s something that I think people miss out a lot. I think the perception is that investors only want to hear good news. What happens when investors only hear good news is their bullshit meter starts climbing and they know that no company is made up of only good news, and so they start to doubt it. And it’s only a matter of time before their doubts get proven accurate.

TG Branfalt: I mean, you have such an insight into… I mean, I didn’t go to business school, but the economy of scale and that sort of stuff. I mean, a lot of people I don’t think that I’ve spoke to anyway, don’t sort of take this really pragmatic approach and I really appreciate that. What advice-

George Allen: Well, it’s been a lot of fun. Yeah. Sorry, go ahead.

TG Branfalt: No, no. What advice would you have for entrepreneurs who are looking to enter this space either as an investor or a high-level executive looking to enter a sort of exciting space? What advice do you have for those people?

George Allen: Just get involved. The honest to God truth is, get involved in any way you can. Learn about the business in any way you can. What’s going to happen… Because if you’re looking from the outside, it’s hard to be constructive. In a lot of respects, this industry is so immature that it shocks a new entrance into it, is to how many corners of this sort of like this new world haven’t been explored. But you don’t even see that from the outside until you get involved. So find an opening. Take a job, take a role. It’s not going to be a role you’re going to be at forever, but get involved. If you can get involved in a leadership capacity, great. If you can get involved in an employee capacity, great. It doesn’t mean that’s where the journey ends, but certainly you got to start somewhere.

TG Branfalt: What excites you most about sort of the future of the industry?

George Allen: Wow, there’s so much to that question. There’s so much to that question. Truth be told, I see… Cannabis is really fascinating. It’s a product that for the most part delivers on its promise. There are very few products out there that do that. I think it’s really fun to be engaged in the industry like that. It’s also a challenge. It’s also a challenge to build a brand in an industry where pretty much all brands and all products at some level are delivering on their promise, right? There’s so many businesses out there that really fail to deliver on their fundamental promise. And when you look at those, then it’s easy to differentiate the ones that’ll be successful because they are delivering than the ones that won’t. But cannabis in the most part does deliver on its promise. And that’s a challenge, but also what makes it so exciting. How do you get through to consumers on a brand basis where the product itself does such a great job of delivering?

I personally think that there’s a huge opportunity here to capture at the moment where everybody goes from being somewhat discreet about cannabis consumption, to being more open and casual about cannabis consumption, to build a brand that is really sort of about that transition and about that moment in history, because I think that’s an indelible brand that will be around for a long, long time. And that’s what I believe we’re trying to build it Lowell.

TG Branfalt: I will say that when it comes to branding, I think that it’s especially hard for cannabis companies, because I mean I’ve been smoking cannabis every day since I was 16 years old and I’ve never had to rely on a company. I had to rely on my boy who I guess could be a brand. But I think it’s going to be really hard when we’re not used to even making those considerations for 30 years, 20 years.

George Allen: Yeah, I couldn’t agree more. And I think that’s going to change over time, how it’s going to change. As I said, it’s going to be more of a journey. The brand is going to be… It’s going to be really fun. For me, the reason why I get so excited about Lowell and the reason why I was so drawn to the brand from early days, it was one of the first brands that in my opinion gave permission to the consumer to show off cannabis to everybody.

TG Branfalt: Interesting.

George Allen: You know your experience with cannabis as a user, you understand that for you, you feel a certain way about cannabis. But what Lowell is about is telling you that the world is going to look at you as mainstream and normal and as beautiful as you feel about the product itself. And that’s really what I think Lowell does so well. It makes everybody accept cannabis in a way that you and I have accepted it for so long. And that’s not easy to do. And so that’s a starting point for what I think is a really great brand equity.

TG Branfalt: This has been a really fascinating conversation. Not exactly what I would’ve expected just because of your background. And I’m not saying that as a detriment. It just went in a different direction than I had thought, which is really excellent. Where can people find out more about you, more about Lowell Farms? Give us the socials and that sort of thing.

George Allen: Well, I would generally say if people are trying to find out more about me, they’d be real bored. But I’d definitely point them to Lowell Farms. We’re on all of the major social media platforms. We got one of the largest footprints on Instagram in the industry. We’ve got a lot planned for the near future and super excited to keep moving forward. The way I view it is everything that we can do for Lowell, we’re going to do as well for the cannabis industry and for people who’ve been working real hard on this promise for a long time. I think we’re a good mouthpiece for it. We’ve got a great team that’s dedicated to the mission. We have lowellfarms.com. It’s got all the goodness around our financial reporting, which is fundamental to any investment decision. I think it’s all out there. And I look forward to talking to investors. We’re grateful for anybody who’s interested in either employee or investing in the business. We always love to hear from you.

TG Branfalt: Thank you so much. That’s George Allen. He’s the chairman of the board for Lowell Farms. He’s also the founder of cannabis industry investment firm, Geronimmo Capital LLC. Thanks again, George. I hope to hear from you soon and maybe we’ll see you out here in New York in a year and a half.

George Allen: We’ll be there. You can count on. Looking forward to it.

TG Branfalt: You can find more episodes at the Ganjapreneur.com Podcast in the podcast section of Ganjapreneur.com on Spotify and in the Apple iTunes store. On the Ganjapreneur.com website, you’ll find the latest cannabis news and cannabis jobs updated daily along with transcripts of this podcast. You can also download the ganjapreneur.com app in iTunes and Google Play. This episode was engineered by Trim Media House. And after what? Seven years of being the host of the Ganjapreneur.com Podcast, I am moving on to Cannabias where I will be helping to demystify some media bias coverage in the cannabis industry pertaining to the cannabis industry. Thank you so much for listening to me, rattle on for these seven wonderful years. I have been your host, TG Branfalt.

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Sacha Baron Cohen Drops Lawsuit Against Massachusetts Dispensary

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Actor Sacha Baron Cohen on Tuesday dropped his lawsuit against Solar Therapeutics, the Massachusetts cannabis company that used the image of his Borat character on a billboard without his permission, the Associated Press reports. The legal filing dropping the case did not mention settlement details.

The billboard advertising had featured the Borat character with two thumbs up and the words “It’s nice!” – one of the character’s catchphrases.

In the lawsuit, Baron Cohen’s attorney attested that the actor has “never has used cannabis in his life” and “never would participate in an advertising campaign for cannabis, for any amount of money.” The lawsuit sought $9 million in damages.

In the original complaint, Baron Cohen’s attorney argued that, with his ‘Ali G’ character, Baron-Cohen “has spent much of his career making a mockery of ‘stoner’ culture – a culture which the defendants’ Billboard overtly celebrates,” according to a Benzinga report.

The lawsuit noted that Baron Cohen has never allowed his characters or likeness to be used for advertising purposes other than TV or films involving them and that the three-time Oscar nominee had once turned down a $4 million offer to appear in a car commercial.

The billboard along a Massachusetts interstate highway was removed three days after Baron Cohen’s attorneys sent a cease-and-desist order to the dispensary.

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Canopy Growth Set to Acquire Jetty Extracts

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Canadian cannabis company Canopy Growth on Wednesday announced a plan to acquire California-based Jetty Extracts. The deal will take effect once the U.S. government legalizes cannabis or earlier at Canopy’s election.

Jetty is a top 10 brand in California and a top-five brand in the vape categories, based on industry tracker BDSA data. Canopy notes that Jetty holds more than 75% share in the solventless vape market in California and that their monthly sales increased 45% from February to March.

“Their products have received critical acclaim winning Best Vape at the 2021 Cannabis Cup, in addition to consumer success with the top eight solventless vape SKUs in California and the #1 PAX Era pods brand three years in a row.” – Canopy in a press release

David Klein, Canopy CEO, said the firm is “building a house of premium cannabis brands with a focus on the core growth categories that will power the market’s path forward.” He added that the company plans to bring the brand to the Canadian market.

Jetty Co-Founder and CEO Ron Gershoni described the deal as “mutually beneficial,” providing “long-term growth opportunities” for the Jetty brand and its employees.

“Canopy shares our vision and will support us as we bring the highest-quality Jetty products to consumers across North America and the world,” he said in a statement. “We can’t wait to be a part of what Canopy is building as we continue to define the future of cannabis and introduce more consumers to what makes Jetty products so special.”

The deal includes upfront payments of $69 million in cash and stock which will give Canopy 75% of equity interests in Jetty.

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DOJ Requests Supreme Court Not Take Up Case Involving Medical Cannabis & Employment

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The U.S. Department of Justice (DOJ) has requested the Supreme Court not take up a question related to cannabis involving two cases out of Minnesota, Marijuana Moment reports. In both cases, employees had asked their employers to pay for their medical cannabis following on-the-job injuries but were denied, triggering the lawsuits.

The employees, and groups like Empire State NORML, argued that since employers do not have to provide the medical cannabis itself, simply compensating employees for their medicine would not run afoul of the Controlled Substances Act. Eventually, the Minnesota Supreme Court ruled in favor of the employers, finding that the employer did not have to provide for their employees’ medical cannabis because federal law outlawing cannabis preempts state law, the report says.

The case went to the U.S. Supreme Court after the two employees appealed the Minnesota Supreme Court’s decision. The court then sought input from top lawyers at the Justice Department. On Monday, the Solicitor General’s Office replied with an amicus curiae brief, which recommended that the court remain silent on the question, suggesting the issue would be best addressed by the executive or legislative branch.

“The petitions in these cases, which present a novel question in a rapidly evolving area of law, do not warrant this Court’s review,” DOJ wrote in the brief. “When a federal law such as the CSA prohibits possession of a particular item, it preempts a state law requiring a private party to subsidize the purchase of that item.”

Acknowledging other state courts have ruled differently on the issue, the solicitor general explained those cases had not “meaningfully considered all of the possible grounds for preemption,” so “no further review” was warranted. They reminded the court that “petitioners intentionally possessed marijuana, which is a crime under federal law even if permitted under state law.”

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Rhode Island Lawmakers Advance Cannabis Legalization Bill

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Two Rhode Island legislative committees on Wednesday advanced the Rhode Island Cannabis Act, setting the bill up for votes in both the House and Senate next week, WJAR reports. The measure passed the Senate Judiciary Committee 9-1 and the House Finance Committee 12-2.

Democratic Gov. Dan McKee told WJAR that he is “willing to sign the piece of legislation” the way he understands “it’s going to be delivered.” The proposal approved by the committees was amended to include automatic expungement for any prior civil violation, misdemeanor, or felony conviction for possession of cannabis decriminalized under the bill.

State Sen. Joshua Miller (D), the sponsor of the legislation and chairman of the Health and Human Services Committee, said in a press release that he was proud that advocates, businesses, patients, legislative leaders, and the governor’s office “worked very cooperatively to smooth out the bumps and create a proposal that works for all the stakeholders.”

“We all wanted to do this in a way that is safe, keeps revenue in Rhode Island, and is as fair and equitable as we can possibly make it. The amended bill is a collaborative effort to address concerns about protecting medical use, ensuring fair governance and recognizing that we cannot make this transition without taking action to make whole the communities and individuals who have been punished for decades under prohibition.” – Miller in a statement

The legislation would allow Rhode Island adults aged 21-and-older to sell and possess up to one ounce of cannabis, keep up to 10 ounces in their home, and cultivate up to six cannabis plants at home (including three mature and three immature plants).

Under the measure, the state would license 33 retailers across six zones and impose a 10% excise tax, along with the state’s 7% sales tax, and a 3% tax which would go to municipalities. Licensing would begin on August 1 with sales commencing on December 1.

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Cannachange: Facilitating Sustainable Cannabis Retail with Technology

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The sustainability problem in cannabis is no secret, and packaging is one of the industry’s biggest waste contributors. O’Neil Rudolph is Founder and CEO of cannachange, a sustainability-focused app that helps users work with dispensaries to address the cannabis industry’s packaging waste problem. “I’ve always had an interest in how tech and innovation can help push sustainability initiatives,” Rudolph recently told Ganjapreneur.

Rudolph grew up in Colorado where she was able to access medicinal cannabis when she was 18. Soon after dialing in her medical consumption the 19-year-old entrepreneur had noted the waste that her medicinal use was creating: “That regular accumulation of the waste building up made me feel like I needed to take action. I was just really surprised to find out that there wasn’t some type of program to be able to return that packaging or something more direct to do with it rather than put it in your typical recycle bin that usually goes to the landfill anyway.” Rudolph could not find a cannabis packaging return program in the states, so she set out to build an app to connect sustainability-conscious consumers with participating dispensaries.

For consumers and dispensaries, cannachange is an easy-to-use app — but for Rudolph, it’s a hands-on project. After consumers return their waste to dispensaries, cannachange tracks it through the back end hauler to ensure it doesn’t end up in landfills. Then the waste is broken down into recyclable material. Users can also track the amount of total waste they have saved from landfills with an in-app counter.

Tracking the final destination of cannabis packaging waste is made complicated by multiple factors throughout the U.S., including sometimes limited access to waste management services and varying local and state policies. The process is made especially complicated given “how strict the regulations are around shipping anything that’s ever contained cannabis, even if its fully sanitized,” Rudolph explained.

“I’ve had to build very personal relationships with different waste haulers and figure out exactly where they haul and process the waste, and if they’re separating different types of waste, so it’s very different from state to state,” she said. “I’ve had to do a lot of research with all the options so I can then present them to each dispensary.”

Finding the back-end haulers can be complicated as well, as each state manages waste differently: some states don’t even offer glass recycling, for example, and some statewide recycling policies are far less progressive than others. Additionally, some dispensaries are already in communication with a compliant recycling company. In those cases, cannachange will coordinate with them directly but most of the time, cannachange will provide any necessary waste management details to dispensaries as soon as the business verifies its profile.

Consumers and dispensaries alike can each download the app and create profiles, further facilitating the connection between consumers and participating dispensaries. Once signed up and confirmed, dispensaries receive their bin for the recyclable materials. Signing up creates a unique QR code for consumers that the dispensary scans whenever the packaging waste is returned. Each scan results in points for the user account — from there, customers can track points to go toward their next in-store purchase. Users can also purchase the cannachange reusable bag, made from 40% recycled nylon, and receive a discount at participating dispensaries when using it as their exit bag.

Rudolph hired a small team of developers who worked over the last year to build out the project. Women make up a majority of the coding team, which is important to Rudolph who would like to see more women of color in the tech space.

cannachange is currently operating in Louisiana and the company is looking to build more dispensary relationships in other states as well as Canada. Initial growth will take time and effort because the model isn’t universally applicable, especially in the U.S.

During these first months of operation, Rudolph has also been working on opening up the program to sanitizing and trade-in programs — some dispensaries in Colorado and Oregon are interested in sanitizing and re-using glass jars, for example, and a dispensary in Maine is working on proprietary compostable packaging.

Rudolph credits her older brother and role model for inspiring her to make her idea into a business:

“My biggest realization was that if I was having these ideas that I could validate and recognize they could make a big impact, my mind wanted to do something with them. Not just think about them and ponder on them, but actually execute them — and if I didn’t, I could never have known what could have happened and how much of an impact it could have.

“Really, considering that and understanding that most of the time, executing your ideas is worth the risk of them potentially just not working out. It doesn’t hurt to try, and you never know where it could go until you try and do something with them.”

To learn more about cannachange check out cannachange.co or download the app on IOS or Android.

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Study: Cannabis-Related Videos on TikTok Mostly Positive

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Cannabis-related content on TikTok is mostly positive, according to research published earlier this year in the Drug and Alcohol Review journal. The study coded videos related to cannabis on the platform with more than 100 million views by seven themes, using relevant hashtags, and the study used a final sample of 881 videos.

The researchers found humor/entertainment videos comprised most of the cannabis content on TikTok (71.7%) followed by experiences (42.9%), lifestyle acceptability (24.6%), informative/how-to (7.5%), creativity (5.4%), and warning (2.7%). The authors found “over half of videos portrayed cannabis use positively,” noting that “none were age restricted.”

The most viewed videos, with 417 million total views, portrayed cannabis positively and videos depicting cannabis neutrally were viewed less frequently – 331 million views – while videos with negative depictions of cannabis were viewed 28 million times. Most of the subjects in the videos were male, Caucasian, and between the age of 25 and 50 with just 50 of the 881 videos including subjects smoking, vaping, or consuming cannabis edibles, according to a PsyPost review.

Study author Brienna Rutherford, a PhD candidate at the University of Queensland, told PsyPost that “the next step is obviously to assess whether viewing this content has any impact on viewers’ attitudes, behaviors or risk / norms perceptions around substance use.”

The authors say the study builds on previous research that demonstrates “exposure to cannabis-related content can influence adolescents’ attitudes and problematic cannabis use” and suggests that “more effective age restrictions and regulations [should be] introduced to social media platforms” for accessing cannabis-related content.

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Delaware Gov. Expresses Support for Cannabis Decriminalization Bill on His Desk

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Delaware Gov. John Carney (D) has expressed support for the broad cannabis decriminalization bill passed last week by the Legislature but stopped short of saying whether he would sign the reforms, WMDT reports. The measure is a pared down version of a full tax-and-regulate system, instead allowing possession of up to an ounce by adults 21-and-older.

“I don’t think it should be a criminal offense but this bill that passed just decriminalizes it, it doesn’t have a regulatory piece that goes with it. So, we’re looking at the same concerns that I’ve been articulating for some time with respect to public safety and its effect on our young people and we’ll continue to keep those in mind.” – Carney to WMDT

Carney has said he opposes broad cannabis legalization. In 2018, Vermont lawmakers passed a similar bill only to approve legislation to allow retail sales two years later.

Under current Delaware law, possession of an ounce or less of cannabis by anyone 21-and-older carries a $100 civil penalty. Under the bill being considered by the governor, possession of non-medical cannabis by anyone under 21 would still result in a civil penalty, while possession of more than one ounce and public consumption would remain misdemeanors. The bill also allows adults to “transfer,” but not sell for payment or other consideration, an ounce or less to another adult.

A bill to regulate cultivation and commercial sales passed the House Appropriations Committee last Tuesday but requires a three-fifths majority to pass each chamber.

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Cannabis Legalization in Washington Has Not Led to Increased Cigarette & Alcohol Use or Abuse of Pain Drugs

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The liberalization of cannabis laws in Washington state has not led to increases in the use of alcohol, cigarettes, and abuse of pharmaceutical pain drugs among adults 18- to 25-years-old, according to research published this month in the Journal of Adolescent Health. Researchers with the University of Washington looked at trends in alcohol, nicotine, and non-prescribed pain reliever use among more than 12,500 young adults in the state following adult-use cannabis legalization.

“Contrary to concerns about spillover effects, implementation of legalized nonmedical cannabis coincided with decreases in alcohol and cigarette use and pain reliever misuse. The weakening association of cannabis use with the use of other substances among individuals ages 21–25 requires further research but may suggest increased importance of cannabis-specific prevention and treatment efforts.” – “Trends in Alcohol, Cigarette, E-Cigarette, and Nonprescribed Pain Reliever Use Among Young Adults in Washington State After Legalization of Nonmedical Cannabis,” Journal of Adolescent Health, May 9, 2022

The researchers note that the “findings add to evidence that the legalization of non-medical cannabis has not led to dramatic increases in the use of alcohol, cigarettes, and non-prescribed opioids.”

“The findings indicate that the most critical public health concerns surrounding cannabis legalization and the evolution of legalized cannabis markets may be specific to cannabis use and related consequences,” the authors wrote.

In a statement, NORML Deputy Director Paul Armentano said the study “disputes longstanding claims that cannabis is some sort of ‘gateway’ substance.”

“In fact, in many instances, cannabis regulation is associated with the decreased use of other substances,” he said, “including many prescription medications.”

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Cannabis Advocates in Nebraska File Lawsuit Challenging Ballot Initiative Process

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Nebraskans for Medical Marijuana (NMM) on Monday filed a lawsuit in federal court contesting Nebraska’s rules for putting initiatives on the ballot, the Associated Press reports. The lawsuit takes aim at the state’s so called “5 percent rule” for ballot initiatives.

Under Nebraska’s constitution, groups seeking to put an initiative on the ballot must collect 5% of the total of registered voters in 38 of the states’ 93 counties, a rule that forces groups to gather signatures in more sparsely populated areas and not just in densely populated cities. NMM has until July 7 to collect around 87,000 signatures to put a medical cannabis question on the 2022 ballot, a task made more difficult after they recently lost one of their largest donors, the report says.

NMM argues that the rule gives disproportionate power to rural voters. In the complaint, they say that one voter in “desolate” Arthur County has as much voting power as 1,216 voters in Douglas County, home to Omaha — Nebraska’s largest city.  A spokesperson for Secretary of State Bob Evnen, who was named in the lawsuit as the state’s top election official, said Evnan has turned the lawsuit over to the Nebraska Attorney General to defend.

The advocates gathered enough signatures in 2020 to put a medical cannabis question on ballots but the state Supreme Court blocked the effort on technical difficulties, the AP says.

In addition to the blocked initiative, Nebraska has struggled on the legislative front to reform cannabis policy. Last year, Republican Gov. Pete Rickets said that cannabis “is not medicine” and later that year claimed that legalizing cannabis “will kill your kids.”

Nebraska medical cannabis activists argue that a bill introduced by Republican state Sen. Mike Groene includes a “poison pill” meant to reduce the likelihood that broader medical cannabis reforms would pass were the question to make November ballots.

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Green Goddess Supply Eyes Growth via SEC Reg CF Securities Offering

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The Cannabis Technology Brand is Raising Funds to Grow and Expand Product Offerings, Market Share and Brand Awareness

HOPEDALE, MA (MAY 16, 2022) – Today, Green Goddess Supply announced the launch of their SEC-approved Regulation Crowdfunding raise (aka “Reg CF”) on the StartEngine.com platform. The Massachusetts-based business empowers anyone to grow their own legal herbs at home themselves, quickly, easily, discreetly, and inexpensively.

Unlike typical start-ups, the company has been around a few years. Initially funded by management and “friends and family,” Green Goddess Supply has built an impressive catalog of cannabis-centric accessory products including storage boxes, rolling trays, grinders, pipes and more. The crown jewel in its product line is the critically acclaimed, award-winning personal home grow system sold and marketed as “The Armoire.” Now, with U.S. patent in-hand and rave reviews, the company believes The Armoire is ready for prime time.

“We are incredibly excited to launch this initiative,” said Founder and CEO, Eric Robichaud. He continued, “What’s impressive to me is management’s ability to build, ship and deliver almost 600 systems during the global pandemic that has been riddled with supply chain obstacles and seemingly never ending “red tape” including, but not limited to, price gouging for Ocean Freight, new hidden costs such as “port congestion,” scarce and expensive domestic LTL shipping, supply chain and materials delays, and more.” The company has overcome these obstacles and is expanding The Armoire product line with new, higher-margin models ready for the 2022 holiday selling season. This capital raise will enable the company to continue to expand the product line, and scale sales and marketing.

Robichaud points out that The Armoire isn’t “just some idea” – it’s gone through R&D, prototyping, pre-production and into production. The company has built-out shipping and warehousing capabilities, internal and external systems and processes, and more. “It’s amazing to see the results of these Armoire units successfully deployed in homes across the country, which have been able to really help to change and improve lives! We’re now ready to scale up and bring it to the masses,” he said.

With this offering, the company will gain access to over 750,000 investors via the StartEngine Regulation CF platform, to showcase their unique, patented cannabis home grow system.

“We are part of a larger, DISRUPTIVE revolution: investing in private companies in red-hot sectors before they go public or are sold,” said Vincent Bitetti, inventor of The Armoire and Chief Cannabis Officer at Green Goddess Supply. “Under Reg CF, companies apply via a highly-regulated system, akin to going public. It all takes place through an SEC-registered intermediary, either a broker-dealer or a funding portal such as StartEngine.com.” These rules are relatively new—the SEC approved Reg CF in 2017. For the first time ever, this enables eligible companies to offer and sell securities through crowdfunding. And similarly, it allows individual investors to access pre-IPO businesses that were previously only accessible to accredited investors – typically via private placements as companies prepare to go public.

The Regulation Crowdfunding campaign is being hosted on the StartEngine.com platform. Interested parties can search “Green Goddess Supply” on StartEngine.com or follow this link directly to the campaign page: https://www.startengine.com/green-goddess. There are special incentives, such as free bonus shares, for investors who commit early in the campaign.

ABOUT GREEN GODDESS SUPPLY
Green Goddess Supply is a “cultivation to consumption” cannabis technology lifestyle brand offering a line of high-quality products to grow, store, prep and consume hemp flower and cannabis products. The company sells direct to consumers at MSRP through its website, and also offers wholesale and distributor accounts to brick and mortar storefronts and industry distributors. Green Goddess Supply strives to exceed expectations and delight customers with quality products and amazing customer service. The Armoire is a trademark of Green Goddess Supply. Green Goddess Supply is a privately held company headquartered in Hopedale, MA with additional warehousing and distribution partners in Los Angeles, CA; Long Island City, NY and Pooler, GA. For more information about the Green Goddess Supply offering, visit the StartEngine website at https://www.StartEngine.com/green-goddess

INVESTOR RELATIONS
617 765-2334 x100
IR@GreenGoddessSupply.com
@greengoddesssupply on Instagram and Facebook

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California Gov. Proposes Cannabis Industry Tax Cut

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California Gov. Gavin Newsom (D) proposed a tax cut on Friday for the state’s heavily taxed cannabis industry but business owners say the relief wouldn’t go far enough, the Associated Press reports.

In the Newsom administration’s proposal for the budget year starting in July, the governor called for removing the cannabis cultivation tax of $161 per pound of flower. Under the plan, the missing tax dollars would be made up by increasing the state’s cannabis excise tax from 15% to 19% after three years.

Despite being the largest cannabis marketplace in the U.S., the California cannabis industry has struggled since its 2018 launch with steep tax rates that can reach as high as 50% in some jurisdictions. The taxes, coupled with steep licensing costs and other expectations, has helped to prop up the unregulated marketplace as an attractive alternative for consumers. Additionally, recent harvests by large, corporate cannabis growers have started to push down the price of wholesale flower, which has made business even more difficult for licensed growers, according to the report.

According to Nicole Elliott, director of the California Department of Cannabis Control, removing the cultivation tax would “greatly simplify tax compliance, reduce the overall tax burden for our licensees and help stabilize the legal market,” the AP reported.

But industry business leaders had hoped the tax relief would include a reduction to the state’s high excise taxes, not an increase. According to Jerrod Kiloh of the Los Angeles-based United Cannabis Business Association, “All they are really doing is shifting some taxes around, and it’s not ever going to get to the customer.” Kiloh even warned the plan could result in higher consumer prices, according to the report.

A recent report by the Reason Foundation found that

In a report titled “The Impact of California Cannabis Taxes on Participation within the Legal Market” published earlier this month, the Reason Foundation suggested that California could double its cannabis-derived taxes by eliminating the cultivation tax altogether.

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Miami Approves Its First Medical Cannabis Dispensary

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In a 3-2 vote, Miami officials have voted to license the city’s first medical cannabis dispensary, NBC 6 reports.

The commissioners’ approval of the medical dispensary comes six years after Florida voters passed the reforms. The license was granted to MRC-44, a dispensary that had sued the city over its failure to license any dispensaries until a judge ruled that since Miami had not specifically banned dispensaries, they had to allow such businesses, according to the report.

“This is a really big move for the patients that need to get their medicine and it’s a big move for the cannabis industry,” Jason Erkes, of Sunnyside dispensaries, said in an interview with NBC 6. “It’s been debated for a long time, but I think at the end of the day they’re going to see there’s no negative societal impact.”

Commissioner Manolo Reyes, who opposed the approval, said he wants “to establish the regulations before they are authorized to be selling this marijuana” and that he feels a “clear distinction between medical marijuana and recreational” cannabis is needed.

Commissioner Ken Russell, who voted in favor of the approval, said that he has a medical cannabis card following two surgeries on his wrist.

“…I was prescribed opioids and I recognize the symptoms of withdrawal that are created into addiction that allow people to get hooked on meth,” he said during the debate. “This is a really slippery slope that very normal people get caught up in and having alternative forms of pain medication is crucial.”

Although this is Miami’s first medical cannabis retailer, there are 425 licensed dispensaries throughout the state.

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Rep. Blumenauer: Federal Cannabis Policies Contributing to Supply Chain Crisis

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In a Zoom call with reporters on Monday, Oregon Rep. Earl Blumenauer (D) argued that federal cannabis policies are contributing to the supply chain crisis in the U.S. and to the recent string of violent crimes targeting dispensaries.

In a letter to Transportation Secretary Pete Buttigieg, Blumenauer urges him to modernize the agency’s policies for commercial class license holders. Blumenauer contends that outdated federal policies have disqualified “tens of thousands of commercial drivers due to past cannabis use” which has contributed to the “unprecedented” supply chain issues facing the nation.

“This crisis must be treated with urgency.” Blumenauer writes in the letter. “Your department should rapidly reform requirements for testing drivers and returning them to service, as well as develop an accurate test for impairment.”

The Transportation Department’s current zero-tolerance policy “sweeps up drivers who were unimpaired, drivers who have not used cannabis for weeks or even months, and drivers who have used federally-legal CBD oils,” Blumenauer contends in the letter.

The Medical Marijuana Research Act, which Blumenauer authored and which passed the House last month, would be an asset to the federal government and researchers seeking to develop tests for cannabis impairment, he said.

“We need to put resources behind coming up with alternative methods of determining impairment. … The federal government, until recently, has interfered with research. We’ve outsourced cannabis research to Canada or to the U.K. or to Israel. We need to get in the game and develop it. … Without federal interference I’m quite confident we could develop technologies to measure impairment quickly – right now we haven’t been able to do it because the federal government has stood in the way, has interfered, and I think that’s criminal.” – Blumenauer during a May 16 press conference

During the Zoom call, Blumenauer described the SAFE Banking Act as “literal life and death,” citing the recent crime targeting dispensaries in some states. He said that the measure’s inclusion as an amendment to a bipartisan Senate bill is an “opportune moment” for cannabis legislation to, finally, pass in the upper chamber.

The measure has passed the House as a standalone measure six times and in the Senate is tacked on to the U.S. Innovation and Competition Act, a measure aimed at easing manufacturing and supply chain issues.

The bill, which would overhaul federal banking policies for state-legal cannabis businesses, is a “critically important” tool for ending the rash of recent crimes targeting cannabis businesses, which lack traditional financial services and operate mostly in cash, he explained. Further, he said the legislation would help many smaller operators who can’t absorb the extra costs associated with enhanced security.

Blumenauer described the crimes against dispensaries as a “national epidemic” that the House-approved legislation could help remedy and that violence is “a direct assault against low-income people, people of color, the emerging markets.”

“They are handicapped with the extra costs and security, and I want to solve that problem,” he said. “It’s passed the House six times and now is an opportunity.”

Last week, 24 Senators from both parties sent a letter to Senate Leaders Chuck Schumer (D-NY) and Mitch McConnell (R-KY) urging them to retain the text of the SAFE Banking Act in the Senate legislation.

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Ohio Cannabis Legalization Vote Delayed Until 2023

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Cannabis legalization advocates in Ohio have reached a settlement in their lawsuit against state lawmakers that will put an adult-use legalization question on November 2023 ballots if the Legislature doesn’t act on the measure by April 2023, Cleveland.com reports.

The Coalition to Regulate Marijuana Like Alcohol had sued lawmakers claiming House Republicans had refused to take up the legalization as proposed under the state’s initiated statute mechanism and lawmakers contended that the group had submitted the signatures too late to be considered during this year’s session.

State officials claimed the group fell short by 13,062 signatures of the required 132,887 in its initial batch submitted in December after 87,000 signatures collected by the group were ruled invalid. The coalition gathered the additional signatures during a 10-day “cure” but had still missed the deadline.

Under the terms of the settlement, officials will accept the more than 140,000 signatures already collected instead of forcing them to start over, and lawmakers won’t have to consider the reforms until next year.

Tom Haren, a spokesman for the advocacy group, said the settlement “guarantees the validity of the signatures we’ve already gathered” and gives the group “a much clearer path” to 2023 ballots if lawmakers refuse to pass the proposal.

The settlement allows the group to resubmit its petitions on January 3, which should give them enough time to gather more signatures to put the issue before voters in November 2023.

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Oklahoma Gov. Signs Medical Cannabis Diversion and Agency Reform Bills

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Oklahoma Gov. Kevin Stitt (R) has signed bills to increase penalties for medical cannabis diversion and make the state Medical Marijuana Authority (OMMA) a standalone agency. The diversion bill is meant to close a loophole that allows medical cannabis cardholders to buy state-legal products but re-sell them to individuals without a card and only face an administrative fine, Hemp Gazette reports. The measure signed by Stitt closes that loophole.

Fines for those who intentionally or improperly divert medical cannabis are doubled on first and second offenses under the new law, and a third strike could lead to the revocation of a patient’s medical cannabis card. Fines for sales or transfers of medical cannabis products to unauthorized persons have also been increased to $5,000 for the first violation and $15,000 for subsequent violations.

State Sen. Lonnie Paxton (R) has previously stated that the measure is not meant to target “college friends who are sharing marijuana product with no money exchanged” but rather “the black-market medical marijuana industry and drug dealers.”

The bill making the Medical Marijuana Authority a standalone agency takes effect November 1 and the measure takes the agency from under the umbrella of the Health Department. OMMA will still oversee the issuance of medical cannabis patient and business licenses and carry out all functions related to the regulation and compliance enforcement of the Oklahoma medical cannabis industry, the agency said in a press release.

House Majority Floor Leader Jon Echols (R), the bill’s author in the lower chamber, said making OMMA a standalone agency “is necessary to deal with the complexity of regulation and compliance of the expanding medical marijuana industry.”

“This will help us cut down on the black market that threatens the wellbeing of Oklahomans,” he said in a statement, “and properly regulate the legitimate businesses approved by voters.”

After November 1, the governor will appoint OMMA’s executive director, and the state Senate will be responsible for the appointee’s confirmation.

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Cannabis Legalization Proposal Heading to Rhode Island Legislative Committees This Week

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Adult-use cannabis legislation is set for committee votes this week in Rhode Island, the Providence Journal reports. The bills have not yet been made public but previous versions would allow up to 33 retail licenses distributed through six zones, including the state’s current nine medical cannabis dispensaries.

While Democratic Gov. Dan McKee supports the reforms, his Executive Counsel Clair Richards has raised constitutional concerns over provisions in the previous proposal about how members of the three-member cannabis control commission would be appointed and removed. Under the state’s constitution, the governor has the sole power to appoint “all members of any commission” but the bill calls for the House Speaker and Senate President to provide nominees to the governor and requires Senate approval to remove them.

“Such pervasive control by the legislature impermissibly enlarges its constitutional role at the expense of the executive.” – Richards in a letter to lawmakers via the Journal

In a joint statement, a spokesman for the House and Senate defended those provisions, arguing the bill and its appointment processes “is consistent with Rhode Island’s separation-of-powers principles and the law flowing from the Rhode Island Supreme Court.” The statement pointed to the state’s Redevelopment District Commission and Judicial Nominating Commission as evidence of the process’s constitutionality.

McKee ascended to the governorship after Gina Raimondo joined the administration of President Joe Biden (D) as commerce secretary. Raimondo had been a proponent of legalization as governor and had included it in her 2020 Executive Budget, but was rebuffed by lawmakers. McKee supports a system of privately-run dispensaries, which contrasts with Raimondo who backed a plan for state-run cannabis shops.

Lawmakers are putting the finishing touches on the bills before they will be made public and head to committees.

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Summer Camping, Hiking and Outdoor Events Require Responsible Cannabis Consumption

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Free guide offers helpful tips on how to enjoy cannabis in the wilderness while being courteous to others and minimizing risk of fire, damage to natural habitat

DENVER, May 16, 2022 (GLOBE NEWSWIRE) — As warmer weather arrives, more cannabis enthusiasts will be heading to the great outdoors to hike, camp, picnic with friends and attend live music festivals. Often, these activities will involve cannabis consumption, which means potential litter, fire hazards and other environmental concerns.

“Unfortunately, cannabis consumers are often stereotyped as being aloof and careless when it comes to consumption in the great outdoors,” says Ben Owens, Founder & Crew Leader of CannaVenture®, which has been organizing and hosting cannabis-friendly outdoor events like hikes and camping trips across the country since 2016. “By following a few simple courtesy rules that our events use, cannabis consumers can continue to prove that stereotype to be false, allowing us all to enjoy the natural beauty of the great outdoors and help preserve it for years to come.”

CannaVenture has teamed up with the Cannabis Creative Movement to create a guide that describes in detail how cannabis consumers can be responsible at outdoor events. The guide also helps to promote and support CannaVenture’s nonprofit partner Wilderness on Wheels, an organization that provides wheelchair-accessible hiking, fishing and camping facilities to make wilderness activities available to all. The Responsible Recreation Guide, which you can download for free here, includes a variety of tips and information for responsibly enjoying cannabis in the great outdoors.

It is important that all outdoor cannabis use be done safely, as damage from irresponsible cannabis use can include:

  • Disruption of wildlife/ecosystem
  • Litter left behind from product packaging, pre-rolls, etc.
  • Potentially damaging and deadly wildfires
  • Vulnerable ecosystems become susceptible to increased harm

“The cannabis community is already working to remove the stigma from cannabis consumption, and we have made great strides in this area over the years,” said John Shute, CEO and Founder of PufCreativ, a co-founder of the Cannabis Creative Movement. “So it is very important that we do not let irresponsible behavior destroy the progress we have made with regard to the acceptance of cannabis for medical and recreational uses. It is very easy to follow some very basic guidelines to ensure that we are not contributing to environmental damage or creating further negative perceptions about cannabis.”

The Responsible Recreation Guide is available here. To download other free guides from the Cannabis Creative Movement, please visit the website.

About the Cannabis Creative Movement
The Cannabis Creative Movement is a joint initiative of PufCreativ, an award-winning community-focused cannabis marketing agency, and The 9th Block, a branding + communications firm focused on the cannabis, healthcare and tech industries. The group welcomes participation from other cannabis creatives interested in generating awareness of critical issues facing the cannabis community. For more information, email the Cannabis Creative Movement at hello@pufcreativ.com.

About CannaVenture®
Founded in 2016, CannaVenture® is an event-planning service focused on low-cost, outdoor cannabis adventures that embrace the best aspects of the outdoors, the community, and cannabis. The crew hosts hikes, campouts, disc golf tournaments and more, embracing the philosophy that you have the right to hike high, camp high, and be high, and you can do so in a responsible, social environment. For more information, email CannaVenture at cannaventurecrew@gmail.com.

About Wilderness on Wheels
Wilderness on Wheels is a 501(c)(3) nonprofit organization dedicated to providing access to nature for people with different abilities through the generous work of volunteers and donations from individuals, organizations and businesses. To date, more than 116,000 hours have been invested by more than 3,500 volunteers to provide hiking, camping and fishing opportunities for people of all ages and abilities. For more information, visit https://www.wildernessonwheels.org/.

For more information:
Jim Dissett
303-532-7392
jim@the9thblock.com

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Delaware Senate Passes Pared Down Adult-Use Cannabis Bill

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The Delaware Senate last week voted 13-6 in favor of a bill to legalize cannabis possession by adults, moving it to Gov. John Carney (D), WDEL reports. It marks the fifth time in state history and the second time this year Delaware lawmakers have considered a cannabis legalization bill.

The measure, which was pared down from a full tax-and-regulate proposal, removes all penalties for possession of up to an ounce of cannabis by adults 21-and-older.

State Sen. Trey Paradee (D), the bill’s lead sponsor in the Senate, called its passage “long overdue.”

“The majority of Delawareans want this, and it’s the right thing to do.” – Paradee to WDEL

Republican State Sen. Colin Bonini argued that the bill would create more criminals in the state, arguing that it should be renamed “the Encourage Illegal Behavior Act” because there would still be no legal way to purchase cannabis.

“And even if it’s just somebody you know, who happens to sell a little weed on the side, you know what that guy is? He’s a drug dealer,” Bonini said during the debate. “And until we get a regulatory environment that the state oversees, similar to medical marijuana, what are we doing? And I just – this is the cart before the horse.”

A bill to regulate cultivation and sales passed the House Appropriations Committee last Tuesday but requires a three-fifths majority to pass each chamber.

The bill passed by the Senate doesn’t affect private employers’ potential drug testing in adherence with zero-tolerance policies or change driving under the influence laws, the report says.

Following the vote, Carney’s spokeswoman Emily David told the Insurance Journal that the governor will “review the bill” but that his opposition to broad cannabis legalization “hasn’t changed.” Neither he nor members of his office have indicated whether he will sign the bill.

Under current Delaware law, possession of an ounce or less of cannabis by anyone 21-and-older carries a $100 civil penalty. Under the bill, possession of non-medical cannabis by anyone under 21 would still result in a civil penalty, while possession of more than one ounce and public consumption would remain misdemeanors. The bill also allows adults to “transfer,” but not sell for payment or other consideration, an ounce or less to another adult.

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Woody Harrelson Opens West Hollywood Cannabis Dispensary & Lounge

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Actor and longtime cannabis advocate Woody Harrelson last week opened the doors to his West Hollywood, California cannabis business, The Woods, which includes a retail dispensary, delivery outlet, on-site consumption lounge, bar, and restaurant, WeHoVille reports. Comedian Bill Maher and interior designer Thomas Schoos are partners in the venture.

Harrelson, who is best known for his role in “Cheers” and films such as “Natural Born Killers” and “Zombieland,” planted four hemp seeds in Kentucky in 1996 and reported himself in order to get arrested and take the case to court. He was charged with misdemeanor cannabis possession but was acquitted four years later after a jury determined the state had not established a burden of proof.

The Woods features a jungle-like garden, koi pond, and walking trails.

“Hopefully we’ve added more beauty and more good times here. Hopefully, we can make the West Hollywood Citizens a little bit higher. It’s the greatest day that I’ve had in a long time.” – Harrelson to the Hollywood Reporter

According to Eater LA, there are expected to be 16 total cannabis consumption lounges in West Hollywood and other celebrities, including rapper Jay-Z, and actress Patricia Arquette, have invested in businesses in the city, which is expected to have one of the highest numbers of cannabis businesses per capita in the world, Scott Schmidt, executive director of Emerald Village, told Eater LA.

Harrelson said The Woods will spotlight outdoor cannabis.

“We won the war on drugs here in California for this plant. Let’s bring it outdoors where it belongs,” he told the Hollywood Reporter. “It really wants to be outside or at least in a greenhouse, but let it get real sun. Definitely, the quality is so much better.”

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London, England Mayor Convenes Group to Explore Cannabis Decriminalization

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London, England Mayor Sadiq Khan has convened a group to explore whether to decriminalize cannabis in the United Kingdom, the BBC reports. The London Drugs Commission will feature former Justice Secretary Lord Charlie Falconer QC as its chair; however, Home Secretary Priti Patel said the group is wasting its time as Khan “has no powers to legalize drugs.”

In England and Wales, cannabis possession was the top drugs offense last year, according to a House of Commons report. In the U.K., cannabis is a Class B drug, and possession convictions can lead to a five-year jail term.

“We need to have an honest, open conversation about the evidence in relation to the history of cannabis and our laws in the UK, and our experience of the health consequences in relation to crime and the community. The best way to do that will be with the drugs commission we’ve now set up. You can hear from the experts, that’s one thing, but seeing it for yourself… hearing from those who cultivate and grow this plant, has been fascinating.” – Khan to the BBC

In January, Khan said he was seeking to adopt a cannabis decriminalization pilot program that would offer guidance on drug use instead of arresting young adults between the ages of 18 and 24.

In a tweet, Patel pushed back on the plan, saying the mayor’s “time would be better spent focusing on knife and drug crime in London.”

Khan’s own Labour Party also distanced themselves from the plan, telling the BBC that “drugs policy is not devolved to mayors and under Labour would continue to be set by national government.”

Once the commission has completed its work, it will make recommendations to London officials, the federal government, police, criminal justice, and public health services. University College London will provide feedback and analysis on the impact of any possible policy changes.

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