Mike Tyson at the ceremony for his inauguration into the WWE Hall of Fame.

Mike Tyson Breaks Ground on Cannabis Ranch

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Mike Tyson, the former professional boxer and World Champion, has broken ground on a 40-acre plot of land in California City which will be used for cannabis cultivation, extraction, and processing, according to a report from The Blast. Tyson Holistic, the company operating the ranch, will employ veterans at the site – which is located near Edwards Air Force Base about 60 miles southwest of Death Valley National Park.

According to the report, 20 acres of Tyson Ranch will be dedicated to master grower cultivation facilities. The site will also feature research facilities, a hydro-feed plant and supply store, premium campgrounds and cabins, and an amphitheater.

Tyson was joined at the groundbreaking ceremony by his business partners Robert Hickman and Jay Strommen, and California City Mayor Jennifer Wood.

“We now have an industry that is going to provide medical cannabis to people in need and also provide jobs, revenue, income for a lot of people that work in our city.” – Mayor Wood at the groundbreaking ceremony.

Tyson is not the first former athlete to enter the cannabis industry, but he might be the highest profile. Ex-Baltimore Raven Eugene Monroe, of the National Football League, is an investor in Maryland medical cannabis hopeful GTI Maryland; however, that firm was denied a license by state regulators. Two other former NFL players – 2006 Heisman Trophy winner and quarterback Troy Smith, and former Cleveland Brown Eric Metcalf – are seeking a dispensary license in Ohio. Former NFL running back Ricky Williams co-founded the cannabis-friendly Power Plant Fitness and Wellness gym in 2016; while former Ultimate Fighting Championship title-holder Frank Shamrock launched The Bakeout – a cannabis-centric talk-show – early last year.

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Downtown Indianapolis photographed at night from street level (literally, camera-lying-on-the-street level).

Bill to Legalize CBD Oil Introduced in Indiana

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Republican Indiana state Senator Jim Tomes has filed a bill to legalize CBD oil in the state after Indiana Attorney General Curtis T. Hill Jr., released an opinion declaring the extracts unlawful and Gov. Eric Holcomb told retailers in November that they had 60 days to remove the products from their shelves, according to a WFIE report.

“My goal is to make this substance that helps so many people as easy to buy as baby aspirin or sweet tea. Individuals cannot abuse CBD oil, yet countless people who need it are unable to obtain it because of unnecessary restrictions.” – Sen. Tomes to WFIE

The decision by Holcomb and the opinion by Hill comes less than six months after state Excise Police – the state Alcohol and Tobacco Commission law enforcement arm – began seizing CBD products from retailers in the state. Last August, the agency said they would no longer confiscate CBD products with THC limits less than 0.3 percent; however, the practice continued at least into October.

Tomes told the Associated Press that he wants the bill “to just cut to the chase” and get rid of “the unknown.”

“These are families that have the horror and the anguish of dealing with medical conditions and, if that’s not bad enough, now we’re in a turmoil of what’s going to be legal and what’s not.” – Tomes to the AP

The legislation would ultimately remove CBD from the state’s controlled substance list.

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Ohio MMJ Regulators Get 7 Applications for Private Testing Labs

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Seven private companies have applied to test medical cannabis in Ohio, bringing the total number of testing laboratory candidates in the state to nine – along with Hocking Technical College and Central State University.

The state’s medical cannabis law originally required testing to be performed by institutes of higher education; however, regulators opened up the sector to private companies after just two colleges applied in order to ensure enough facilities are online to meet industry demand.

The private applicants, and the sites of their proposed facilities, include:

  • ACT Laboratories, Inc. – Toledo
  • Akrivis Lab, LLC – to be determined
  • Battelle Memorial Institute – Columbus
  • CAS Laboratories, LLC – Columbus
  • Keystone State Testing of Ohio, LLC – Columbus
  • North Coast Testing Laboratories, LLC – Streetsboro
  • QualesOH – Akron

Of the applicants, just one – Lansing, Michigan-based ACT Laboratories – lists an out-of-state business address.

According to the Department of Commerce release, no licenses have been awarded and they offered no timeline. Under the state’s medical cannabis rules, there are no limits on the number of testing laboratories that can be approved in the state.

Regulators have already announced the 24 cultivator licensees and late last month regulators indicated they received 104 applications for just 40 processor licenses.

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A long, crystal-covered cannabis cola pictured inside of a Washington state grow operation.

Michigan Municipalities Split on MMJ Operations

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Of the 127 communities in Wayne, Oakland, and Macomb counties in Michigan, just five – Detroit, Inkster, River Rouge, Lenox Township and Orion Township — have indicated they passed ordinances to allow medical cannabis businesses in the municipality, the Detroit Free Press reports.

Harrison Township, located in Macomb County, is expected to vote on the measure next month, and Township Supervisor Ken Verkest pointed out that there are currently 18 legitimate cultivation operations in the community and the ordinance is unlikely to face much opposition.

“At a minimum, if there is an existing business, why would we tell the owner, ‘You have to evict your tenant?’ This is a great source of revenue for us. Whether you like it or not, it’s coming. Isn’t it better to eliminate these black market, cash-only guys?” – Verkest to the Free Press

That would bring the total in those well-populated counties to six; however, according to Oakland Township supervisor Dale Stuart, there is “no interest” in allowing cannabis operations in the township.

According to the report another 24-plus cities and towns in three counties have passed regulations against cannabis operations, while 27 others won’t even allow the issue to come up for a vote.

The state estimates the legal medical cannabis industry will see more than $700 million in sales and $21 million in tax revenues.

End


MassRoots Forms Subsidiary for Cannabis Industry Blockchain Tech

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MassRoots Inc. is launching blockchain technology for the cannabis industry – a digital ledger that can be used to record financial and informational transactions, the company announced today. The technology provides services such as seed-to-sale traceability, smart contracts, and identity management while allowing businesses to eliminate intermediaries and increase corporate transparency.

“We believe blockchain has the potential to enable the cannabis industry to operate more efficiently, accountability, and with a greater degree of transparency. MassRoots looks forward to being a pioneer in exploring blockchain-based solutions for the multi-billion dollar cannabis industry.” – MassRoots CEO Isaac Dietrich

So far, the most well-known use of blockchain technology has been cryptocurrencies. In November, IBM pitched blockchain technology to the British Columbia, Canada government as they roll out regulations for the nation’s forthcoming legal cannabis industry as a means to take control of “sourcing selling, and pricing” cannabis products.

At least two firms – Tokken and Cannabis Hemp Exchange – have targeted Colorado’s cannabis industry as a market for blockchain tech. In September, the start-up Paragon launched its own blockchain tech focused on the legal cannabis industry along with a cryptocurrency known as ParagonCoin.

MassRoots has formed a wholly-owned subsidiary, MassRoots Blockchain Technologies, Inc., focusing on the tech.

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Picture of a Jack in the Box franchised location.

Jack in the Box to Offer a ‘Munchie Meal’ as Legalization Comes to California

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Fast food chain Jack in the Box has partnered with cannabis-centric media company Merry Jane on a Munchie Meal, which features two tacos, five mini churros, three crispy chicken strips, a half-serving of curly fries, a half-serving of regular fries, and a small drink for $4.20. According to the Adweek report, the meals will be offered at select Long Beach, California locations between Jan. 18-25.

“Jack’s Munchie Meals have been successful for us because of the authenticity of how we speak to our customers. This partnership is one more way for us to connect with them – whether you’re at a concert, up late playing video games or pulling an all-nighter. We are about welcoming all of our guests, no matter what they’re craving or why they’re craving it.” –  Iwona Alter, Jack in the Box CMO

The partnership comes as California is set to allow adult cannabis use on Monday.

“Launching the Merry Munchie Meal is the perfect way to acknowledge the cannabis culture in our shared home state of California. Leveraging our Emmy-nominated content production and forward-thinking, we have created this campaign and limited-time offer product with Jack in the Box that marries both brands’ voices.” – Scott Chung, COO, Merry Jane

Merry Jane was launched in 2015 by Snoop Dogg. He also has a brand of cannabis products, called Leafs By Snoop, and is linked to Casa Verde – a venture capitalist firm that invests in cannabis businesses.

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Prosecutor: Vermont State Attorney Had No Knowledge of Parents’ Cannabis Gifting Scheme

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The York County, Nebraska prosecutor handling the case of the elderly couple from California stopped with more than 25 bags of cannabis in the state said he has no reason to suspect their son – Chittenden County, Vermont Chief Deputy State Attorney Justin Jiron – had any knowledge or involvement in the bust, the Burlington Free Press reports.

“I have no reason to question his credibility.” – York County Attorney Chris Johnson

Jiron’s parents, Patrick, 83, and Barbara, 70, made headlines earlier this month when police found the cannabis during a routine traffic stop and told officers that they planned to give it all away to relatives in Massachusetts and Vermont. They were cited for possessing marijuana with intent to distribute.

Johnson told the Free Press he heard about the connection through media reports and has not been contacted by Vermont authorities.

In a statement, Chittenden County State Attorney Sarah George, Jiron’s boss, indicated he was “as surprised and upset” about the allegations “as anyone,” but Jiron, who is responsible for criminal prosecution in Chittenden County, has yet to comment on the ongoing case.

The accused Jiron’s also have not commented; however, they reportedly told police they were unaware it was illegal to transport cannabis through Nebraska.

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Michael Senderovich: Identifying and Insuring Cannabis Risks

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Michael Senderovich is the founder and president of Zeyger Insurance Services, a California insurance brokerage working with cannabis companies despite the industry’s ongoing federal prohibition.

In this episode of the Ganjapreneur.com podcast, Michael joins our host TG Branfalt to explain the nuances of insurance and how the mainstream industry generally operates, how insurers are beginning to interact with cannabis professionals, what cannabis business owners should be looking for in the insurance agents and brokers they choose to partner with, and a whole lot more!

Tune in via the player below or scroll further down to read a full transcript of this week’s Ganjapreneur.com podcast episode.


Listen to the podcast:


Read the transcript:

TG Branfalt: Hey, there. I’m your host, TG Branfalt, and you are listening to the Ganjapreneur.com podcast, where we try to bring you actionable information and normalize cannabis through the stories of ganjapreneurs, activists, and industry stakeholders. My guest today is Michael Senderovich. He is the president and founder of Zeyger Insurance Services. How’re you doing today?

Michael Senderovich: I’m doing great. You’ve done with the pronunciations there, TG.

TG Branfalt: We went through it several times before we kicked this off, so if I botched that, I have a real problem. You know, before we get into — you’re an insurance guy — before we get into the details of that, I want to know about you. What’s your background and how did you end up serving this industry?

Michael Senderovich: Sure, sure. Well, I’ve got a pretty extensive background in anything that is risk-related. When I started my first business, we were buying and selling debt portfolios. Then we were working on unsecured loans, and after that I basically, during my tenure of graduate school is when I transitioned into the insurance world. I’m one of those kind of crazy guys that I kind of look at an industry and see what’s wrong with it and I try to fix it in a completely kind of psychotic way where I get too involved, and kind of create this movement, hopefully. At least that’s what we’re trying to do, so a big background in risk, and insurance is really all about risk. It’s literally, one of the primary definitions of insurance is risk and the exposure of risk, so big, big kind of proponent of getting things done properly in terms of getting things insured properly, and kind of educating our clients and educating people just in general because insurance is such a broad thing, but it’s actually one of those broad things it’s just so misunderstood.

TG Branfalt: Where did you go to college?

Michael Senderovich: I went to college both for undergraduate and graduate at the University of Redlands, which if anybody listens to this podcast is familiar with Redlands, you know that there’s actually a pretty strong cannabis culture there and then also surrounding areas like San Bernardino and so on.

TG Branfalt: When you went into graduate school, were you focused on risk then or did that come about as you sort of got your claws into the program?

Michael Senderovich: Yeah, I’d been involved with risk since kind of my first venture. I started my first business at 21 and I went to graduate school at 28, so I was already kind of versed on risk when I was going in to graduate school, but graduate school kind of opened up a bunch of different kind of avenues and gave me a much better understanding as to where risk originates, what risk can do to a business, so on and so forth.

TG Branfalt: That’s cool, man. Congratulations on still doing your own thing from 21. Not a lot of people can say that.

Michael Senderovich: Thank you. Thank you.

TG Branfalt: Let’s start with some basics here. We all, everyone listening to this probably has some sort of insurance or another, whether it be business, whether it be your car insurance, but as you said, it’s misunderstood, so help us, laypeople, who are just insurance consumers and know really nothing about what it actually is. What is it, actually?

Michael Senderovich: All right. Insurance, if you open up any type of literature, if you’re studying for an insurance … excuse me. If you’re studying for an insurance exam, basically insurance is the transfer of risks from one party to another, and that’s in return for, in the insurance world, premium, so what you’re doing essentially is when you’re paying the insurance company a premium, they now with that premium are assuming the risk. They determine risk based off a bunch of different factors. You know, I’m sure people have heard of the term actuary and then also underwriters. Actuaries are a little bit more, I think, understood than underwriters.

Underwriters are kind of have this kind of black magic thing going on, but actuaries are basically just, they are statisticians. What they do is they look at these large, large samples of data and they figure out risk based off of that data. What underwriters do is they’re basically kind of like, the actuaries write the book, or maybe instead of the book they write the manual, and then underwriters take a look at that manual and they build a policy, for lack of a better term, based off of the data that was given to them by the actuaries. Insurance as a whole is basically, if you kind of compare an insurance company to an individual, if you’ve got something that’s risky, let’s say that you’re holding on a piece of jewelry, right? And if you give that piece of jewelry to someone else to protect it or if you even hold on to that piece of jewelry and they protect it just based off of, let’s say, a monetary basis.

Then what happens is if you have a loss, the insurance company or that person that is assuming that risk, if anything should happen to that item or if anything should happen to the person, because insurance also deals with personal injury, they will give you a basically … some people call it a benefit. It’s actually not supposed to be called a benefit, but what they do is they pay you out a dollar sum to make you whole again. It’s basically called the principle of indemnity, so their goal is to take money from you, and in return what they do is they offer you protection. They’re kind of like a bodyguard.

TG Branfalt: The cannabis industry is obviously, it’s nascent, right? States today have different regulations regarding … you know, you look at a state like New York. The law requires them to have these premiums to maintain these insurance premiums, but cannabis businesses, so how does the insurance industry operate in this nascent sort of strangely piecemeal regulated industry?

Michael Senderovich: Well, kind of the great thing and maybe not … I guess it’s like a catch-22 when we’re talking about this particular question. The insurance world is not really a stranger to how things are in the cannabis world because every state has its own department of insurance. For example, I’m in California. We have the California Department of Insurance, and whichever state we’re talking about, they’re going to have their own department, so they all have their own way of doing things, but we have basically these master policies that we kind of go off of, and each state either approves or declines that particular policy, basically.

They’re kind of like consumer watchdogs, so with all these different departments of insurance, it’s really important to kind of get a core competency of each state, and if you have any one that’s telling you that they’re licensed in all 50 states and they’re a one- to two-man shop, I would probably kind of stray away from an agency brokerage like that because it’s just not possible to keep up with all the regulation. Also, with what each state is doing, because it’s changing … I mean, the insurance world is a little slow to change, but they do change and it’s really difficult to kind of keep up with what’s going on.

TG Branfalt: With regard to the cannabis space, what are some the issues that you as an insurer are facing?

Michael Senderovich: To answer your question, the insurance world, like I said, because it’s so kind of scattered and so all over the place, the cannabis kind of industry all on itself is really not that big of a problem for insurance to insure. It’s a problem for them to insure currently because, well, you’ve got the federal versus state thing. On a state level, yes, we have our departments of insurance, but we still kind of have to take into consideration the federal guys, so it’s not really much different than what you’re looking at in terms of any other vendors or any other services or anything else cannabis-related. It’s kind of sort of the same problem.

The insurance carriers, they want to write this business because they see an emerging industry and they see an insurable industry, more importantly, and for insurance, for insurance companies, it’s all about insurable interest. Do they really want to assume the risk? I mean, if it’s risk that’s just way too crazy and way too high, obviously they may not want to go into that industry, so you have a kind of a niche market of insurers that will do that particular risk because it’s so risky, but you do have that market and insurance carriers want to go in there. In fact, there’s actually just one insurer that I can think off the top of my head that was just recently kind of okayed by the Department of Insurance in California, called California Bear, to do more cannabis-related business, so it’s kind of the same thing as everything else. Nothing too different, but there is hope. I mean, obviously there’s plenty of hope.

It’s just right now we’re kind of in purgatory because insurance carriers want to do it, but they’re kind of tied up because they’re like, “We really can’t because if we do something, then we’re kind of stuck in the middle.” You know, if some crop gets damaged or if a dispensary gets robbed or someone gets hurt in a dispensary, I mean, there’s really not a ton of regulation there yet, so it’s hard for them to place a contract that says, “We will do this” because there’s no law or there’s no regulation that’s very clear about what it is that they’re doing.

TG Branfalt: You guys aren’t really faced with any like, licensing issues? When states allow usually different industries such as the lawyers’ group, the bar association, they’ll have to write some sort of memo and that’ll say, “Hey, it’s okay for you guys to do business with this industry, right? We’re not going to disbar you, we’re not going to take any action against you.” This isn’t something, it sounds like, that comes up in your line of business, really.

Michael Senderovich: We don’t have anything like that, and I’d appreciate it if maybe we can keep this on the down low so that they don’t get any ideas about implementing something like that. I mean, in terms of like, morals and ethics, the carriers themselves are kind of morally and ethically adverse to the cannabis industry, but they do and they will write it. I mean, it’s just really depends. You know, insurance companies are just like any other company. You have your corporate leadership and your stakeholders, and basically if all agree and they want to go into this industry, then they’ll do it, so there’s nothing really specific to us as brokerages because basically brokerages, we’re kind of like retail agents.

It’s the same thing as if you were to look at like, a restaurant, right? It’s a similar type of business where we serve insurance, and basically what we can do is we can kind of write whatever it is that we want. We can write all the broad categories and all the broad industries that we want, or we can maintain a really, really niche, which is what our agency likes to do. We’ve always been kind of niche in everything that we’ve done, so going back to also the portfolios and the risk management that we’ve also done before, we transitioned into the insurance, so it really is contingent upon the carrier itself. Do they want to do this or do they not? If they do, then they work with the department of insurance and they figure out what kind of policies are available, and there’s really not too many. I mean, we can go and I think maybe a little down the line we’ll actually go through what kind of coverage is available, what is available on the market, and then if that’s something that they want to write, then that’s what they’ll write.

The only problematic one, or actually the only two problematic ones would be commercial auto insurance and workers’ compensation. These are really the two that are kind of the more complex ones right now because you have to be regulated. You have to maintain a certain amount of solvency in your … sorry, misspoke. You have to maintain a certain amount of solvency, and this goes for all insurance carriers, but for work comp and for auto it’s a little bit more stringent when it comes to regulation.

TG Branfalt: When you talk about auto, you’re saying that it’s dicey. Is it because they’re transporting cannabis?

Michael Senderovich: It’s dicey because of that, yeah. It’s dicey because of a lot of different factors, actually. Some of the primary factors are where you’re actually transporting, so if it’s crossing state lines, that makes it more dicey. If you are in a riskier area that is more prone to accidents or more prone to theft out of vehicles or more prone to just risk in general, then those carriers have a much stronger kind of ability to just say, “No, we’re not going to take this business” and decline. Or what they do is they just make these premiums completely unaffordable and that’s the way that kind of say, “Oh. Well, we can’t really help you right now.”

TG Branfalt: Well, I definitely want to talk about what is and what isn’t covered, but before we get into that, we got to take a break. This is the Ganjapreneur.com podcast, I’m TG Branfalt.


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TG Branfalt: Hey. Welcome back to the Ganjapreneur.com podcast. I’m your host, TG Branfalt, here with Mike Senderovich, the president and founder at Zeyger Insurance Services. Before the break, we were talking a bit about … I mean, we were talking about a lot of things insurance-wise.

Michael Senderovich: Yeah.

TG Branfalt: I mean, just a lot of issues have come up in this short space already, but I wanted to get to the basic question. What is and isn’t covered, insurance-wise, for cannabis businesses?

Michael Senderovich: Sure. This is going to get a little dodgy. I wish I can give you a clear and concrete answer, but the fact of the matter is it really all depends, and it depends on the market, it depends on where you are, and it really depends on how long you’ve been around and just a bunch of different contingencies. The primary kind of coverage, the one that usually pops up first is something called general liability.

You know, there’s a bunch of different factors that are associated with a general liability, and then there’s also a kind of an offshoot of that, and that’s called a BOP, a business owner’s policy, so these protect against liability that the business is potentially going to cause. For example, if someone comes in to your shop, comes in to your premises, then you have a policy that protects you from that person that comes in, so suppose they come in to your shop, they’re handling a jar, for whatever reason, that contains a crop and they have just really slippery fingers, and it falls and it shatters and they cut themselves. Well, they can actually sue you for that, so if they sue for that, your general liability would cover you against that. Now, the BOP is going to be similar, except the BOP gives you a little bit more in terms of protecting the actual assets of the business. Then we’re talking about, like displays, computers, so on and so forth, so basically the BOP is a little bit more comprehensive because it’s going to protect more of what the business owns.

Now, prop … I’m sorry, crop is inventory and inventory sometimes is coverable, but right now, for the cannabis industry, it’s kind of not. I mean, you will have kind of different kind of schools of thought. Some agencies and some brokerages and some even insurance carriers will kind of give you a gray area type of answer to say, “Yeah. You know, maybe.” Which kind of creates a little bit of apprehension on the side of the consumer because you never really get a concrete answer and that’s really the problem with the insurance world that is specific to cannabis right now because where there’s so little regulation and so little kind of black and white, it’s really difficult for them to say, “Yes, we’re going to do this” or, “No, we’re not going to do this.” I mean, they’re actually pretty good at saying, “No, we’re not,” but the, “Yes, we are” is a little bit tough for them.

The second that comes in is actually going to be your commercial auto. The reason I put commercial in there is whenever you are using a vehicle for a commercial capacity, and we’re going to talk about just a business capacity to kind of simple it up a little bit, if you’re using that vehicle for work, and we’re not talking about taking your car from your house and driving to your dispensary where you work. We’re talking about actually transporting crop or doing any type of business errands. Suppose you need to run to the bank, whatever. If you have just traditional personal auto insurance and if you get into a car accident, the adjuster is going to ask you what you were doing, especially if you’re at fault, so if you’re at fault, your insurance comes in. That’s why you buy the insurance.

If you’re not at fault, the other person’s insurance should come in, so it’s a little bit different when it comes to at fault, not at fault, but what will happen is if you are at fault, the adjuster is going to ask you, “Where were you going?” Potentially, not always, and basically, “What were you doing?” If they see or kind of smell, potentially, anything that has to do with cannabis, they are going to kind of put their hands up, and a lot of times they will report that to the insurance carrier and that creates a problem for the driver, so commercial auto is really, really important because personal will not cover you regardless of whether or not you have crop in your car if you do anything that is business-related.

If you do anything that’s business-related, you should theoretically have commercial auto insurance. The great part about commercial auto insurance, not always but mostly, is that commercial auto insurance actually is in many ways less expensive than traditional personal because you’re driving, potentially, the vehicle less because if you’re going to do errands once or twice a day, it’s not like your 40, 50 minute commute from your dispensary or your grow operation to home. I mean, I’m in Los Angeles. For us, going to wherever is an hour drive, so if I’m doing anything that is business-related, I definitely need to carry a commercial auto insurance.

The other kind of side of that is we’re going into something like workers’ compensation, and also medical benefits. Workers’ compensation, it’s actually mandated. It’s required by law in many states, including California, so in California if you have anybody who’s an employee and now they’re going so far as saying that even your subcontractors, so your 1099, quote/unquote, “employees” are required to be listed as insureds in that policy. Basically, what they’re saying is if you don’t even have a W2, if you’re issuing a 1099, you are now responsible for that person if they get injured on the job. Now come January, there’s just a lot more carriers that are open for it, and they’re kind of looking at the risk and evaluating and figuring out the premium, so we’re kind of in that step right now.

After that, there’s the other tricky side of insurance, which is the dental and the medical, and those are really kind of up in the air. If you’re talking about doing some kind of a group policy for your business … which is great in many different ways. I mean, it’s very beneficial for tax write-offs and so and so forth. If you’re doing something like that, it’s going to be difficult for you to get underwritten. What basically underwritten means is approved for a policy because if you … you have to, on these applications, tell them what industry that you’re in, and what your employees do and what you do. There’s a little bit kind of a … I’m trying to use a light term, not something too aggressive or too assertive. You know, there’s a little bit about of kind of shying away from these particular industries because there is still a bit of a stigma from these carriers that it’s a higher risk industry to be a part of, and the people that are involved with it are higher risk, so those are kind of the primary insurances that are available.

You do have something like inland marine that’s potentially available. That is if you have a general liability policy and you want to insure equipment, tools. For example, if you’re doing a grow operation, inland marine would be great to insure something like lights, irrigation, so on. Those are kind of the primary ones. When you have a well-versed brokerage or agent, which ever one it is that you choose, they will be able to give you kind of this roadmap of where it’s best to go with your insurances.

TG Branfalt: Excuse me. When insurers are considering risk, is potential federal interference in the industry something that is considered in this analysis?

Michael Senderovich: Yeah, absolutely, and that’s actually one of the primary problems. That’s why we don’t see more of these carriers coming out and saying, “We want to write this risk” because they’re kind of stuck in the middle. You know, what they’re doing is they’re assuming the risk. They’re saying, “Listen, now that we’ve received this premium, we’re going to give you protection.” Now, how are we going to offer protection if we’re not really sure what we’re offering because of federal regulations? So it’s really difficult for them. It’s a really tough position for them to be in right now, and that’s why premiums are obviously higher because they have to calculate that in, and you have such a small number of insurance carriers that are actually approachable.

I mean, if you go to someone like a Farmers … I mean, don’t quote me on this because I’m not a farmers’ agent, but it’s a very, very unlikely thing for you to get insurance coverage from farmers if you’re a grow operation. Maybe a little bit easier if you’re a dispensary because that completely changes things up because there’s less of a concern about the crop itself and more concern about just the liability portion, so someone like the early example, coming in to your shop and hurting themselves, but it’s really, really kind of a purgatory almost type of situation where we just don’t have concise answers as to what we can and cannot do because of federal.

TG Branfalt: So there is no DEA insurance at purgatory?

Michael Senderovich: You know what? I’m not sure. I would have to google that and see if there’s something like that available.

TG Branfalt: You’re operating now in two states, right?

Michael Senderovich: We’re operating actually in three. We’re operating in California, Texas, and Ohio. You know, Texas and Ohio, they’re for different markets that we service. California is basically our case study right now for cannabis because it’s such a large state, there’s so much exposure here, and there’s such a culture of cannabis with up north in Humboldt and Mendocino, and down south in Redlands and San Bernardino and Adelanto. There’s a huge kind of a shift towards being really cannabis-friendly in Adelanto, so there’s a lot to go around for agents right now and there’s really not a lot of insurance agents/brokers coming into the industry because, quite frankly, they’re scared because we get penalized if we write, quote/unquote, “too risky” business. You know, if there’s a lot of losses and things like that and if we’re not profitable to the insurance carrier, they’re not going to want to do business with us, so everybody is kind of exposed to this like, what’s happening risk, and no one really has a solid like, “Hey, this is the direction that we should be going.”

But the retail agents, the guys that are like us where we’re actually kind of moving in the direction and possibly putting pressure on the carriers to give us something to work with, give us some kind of a policy. We’re actually the ones, I think, in my opinion, who are a little bit more progressive and kind of almost forcing the hand of these insurance companies to say, “it’s here.” I mean, this industry is here and it’s legitimizing, and we need to have a product base for it.

TG Branfalt: You’re from California. Why did you decide to enter the Texas and Ohio markets?

Michael Senderovich: Texas and Ohio are for a different line of … or a different industry, rather, I should say, so we have two core demographic markets for what we write here in the agency, and our agency is completely commercial. We do not offer any type of personal property and casualty business, so there’s a large boom of construction actually related to cannabis as well because you’ve got grow operations and you got greenhouses that are coming up. Texas and Ohio do have a construction boom that’s similar, but it’s not cannabis-related yet, so we have those kind of two main industries that we focus on and that’s really kind of always been an obsession of mine, is to have some kind of a contingency plan, some kind of a risk retention, or risk mitigation, rather, on our end, so if cannabis doesn’t go the way that we need it to go as a company, because obviously we need to make money and we have stakeholders and stock holders, so if it didn’t go at a particular trajectory that we need it to go, we can always rely on our construction-related business, which is California, Texas, and Ohio.

TG Branfalt: Well, I want to talk to you a bit more about your experience in the cannabis space, but before we do that, we got to take a last break. This is Ganjapreneur.com podcast, I’m TG Branfalt.


At Ganjapreneur, we have heard from dozens of cannabis business owners who have encountered the issue of canna-bias, which is when a mainstream business, whether a landlord, bank, or some other provider of vital business services refuses to do business with them simply because of their association with cannabis. We have even heard stories of businesses being unable to provide health and life insurance for their employees because the insurance providers were too afraid to work with them. We believe that this fear is totally unreasonable, and that cannabis business owners deserve access to the same services and resources that other businesses are afforded, that they should be able to hire consultation to help them follow the letter of the law in their business endeavors, and that they should be able to provide employee benefits without needing to compromise on the quality of coverage they can offer.

This is why we created the ganjapreneur.com business service directory, a resource for cannabis professionals to find and connect with service providers who are cannabis-friendly and who are actively seeking cannabis industry clients. If you are considering hiring a business consultant, lawyer, accountant, web designer, or any other ancillary service for your business, go to ganjapreneur.com/businesses to browse hundreds of agencies, firms, and organizations who support cannabis legalization and who want to help you grow your business. With so many options to choose from in each service category, you will be able to browse company profiles and do research on multiple companies in advance so you can find the provider who is the best fit for your particular need.

Our business service directory is intended to be useful and well-maintained resource, which is why we individually vet each listing that is submitted. If you are a business service provider who wants to work with cannabis clients, you may be a good fit for our service directory. Go to ganjapreneur.com/businesses to create your profile and start connecting with cannabis entrepreneurs today.


TG Branfalt: Hey. Welcome back to the Ganjapreneur.com podcast. I’m your host, TG Branfalt, here with Michael Senderovich, president and founder of Zeyger Insurance Services. Before the break, we were discussing kind of how you’ve broken your business into the cannabis and then the construction, so looking specifically at cannabis, what sort of changes have you seen in your side of this industry since you launched your service?

Michael Senderovich: There’s not a lot of change, but there has been some. I think that there are more kind of shop owners and grow … not shop. Shop owners. Why am I blanking here? Here we go. Grow operators, there we go, so what I’m seeing is a lot of the shop owners and the grow operation owners, they’re being a lot more cognizant of the fact that they now have something to potentially lean back on in terms of risk. It’s not like the wild, wild West anymore. I mean, it still kind of is, but it’s kind of emerging into a little bit more of a civilized society, so I’ve seen a lot of that, a lot more legitimization, you know? And also the stigma is kind of falling off because cannabis is here to stay, and alcohol had this same kind of stigma and I think it’s kind of moving into that same kind of realm where people don’t look at it the same way that they used to.

It’s not like this voodoo type of, “Wow, I got to stay away from it. This is this magical drug that is going to make people go crazy.” It’s more of like, “Listen, this is something that you people either use as medicine or recreationally, and they’re allowed to do what they want to do with their bodies, and some people agree that it may be bad for your body and some people agree that it’s fantastic for your body.” We really don’t go into that kind of realm. We primarily focus on what the industry itself wants, and we are kind of trying to attend to those wants, but it’s a little bit difficult as of right now, but the reason that we’re so kind of adamant about sticking to our guns here is because we know that there’s really no other way that this can go because it is going to be legitimized federally one of these days.

Once that happens, then everybody can kind of take a collective sigh and say, “Okay, we now have what we need to do, and we also have the proper products and a much better understanding of who it is that’s in this industry, why they need to be protected, who they need to be protected from. Here’s the price, here’s the product, and we’re going to do what we need to do to make sure that your operation is taken care of.”

TG Branfalt: We were talking a little bit earlier about captive and non-captive insureds. Can you explain the difference between the two, and is there someone that you might … of the two, which one would you maybe recommend cannabis industry operators sort of going towards?

Michael Senderovich: Sure, sure. Captive, non-captive, it’s kind of an industry term or kind of an industry way of describing how an agent is organized. What I mean by that is a captive agent is someone who has loyalty and someone who basically works for a major captive insurer, and every time you turn on the television, if you see an insurance commercial, that’s probably a captive insurer. Insurers nationwide like Allstate, Farmers, State Farm, so on and so forth, those are what we call captive insurers. If you drive down the street, you’ll see your neighborhood State Farm agent or your neighborhood Allstate agent.

Those agents can write primarily with just that particular insurer. Now, the insurer can own other insurance companies that they can write under, but primarily that’s what they’re trying to sell, is that product. For example, if they’re a State Farm agent, they want to sell you anything that’s State Farm, so a State Farm auto insurance, State Farm business owners’ policy, umbrella, personal … what is it called? Homeowners. That’s what they want to sell. Then on the other side of this, you have the non-captive agent, also known as the broker. The non-captive agent, their loyalty is a little bit more kind of towards the consumer, so we service consumers because we’re retail agents, so what we do is we basically shop the market.

We’re kind of like a wholesaler in a sense, where we look at any and all carriers that we have access to, because we still have to be granted access to these insurance companies, whether it be direct or through something called a managing general agent, which is kind of like the middleman. What we do is we look at different markets and we compare those markets to see who has a better product, and obviously a better price. Price is important, so we tend to kind of have a little bit more flexibility because we have just more access to markets. What I recommend, I mean, I can’t really recommend one or the other because both have benefits. You know, if you are a small operation and you want to insure everything together, it’s a lot more convenient for you to potentially insure something or everything with a State Farm captive agent because you’ll have basically one premium for your auto insurance, your homeowners insurance, your business insurance, and possibly even your life insurance, so with the brokerage, we can bundle that all together.

But it’s a little bit more complex because even if we do, even if we do bundle it all together, we may have different insurers offering different policies to the insured. For example, you may have your commercial auto with a company like Mercury or your general liability with a company like AmTrust or Scottsdale, something like that, so you would have multiple premiums going into multiple directions, so it’s a little bit less convenient, although brokerages do have ways to make it more convenient by doing something called an agency sweep, so basically they’ll just accept the total and then they’ll disperse the premium amongst the carriers that you have with it.

That’s not a very common practice because there are some errors and omissions issues that come about with something like that, but the agencies that do offer that, or the brokerages, rather, that offer that, they can still kind of put it all together for you, so it really depends on what you’re trying to insure. If you’ve got a grow operation, regardless of size, it’s probably not advisable to go to something like a Farmers or a State Farm because they probably don’t have the market, because they’ve got this reputation that they need to sustain, right? I mean, they’ve got this giant marketing budget and their core competency is, well, what they advertise. Most of the time what they advertise is your homeowners insurance and your auto, primarily auto. Auto is kind of like the bigger of the two because there’s just more people that drive cars than there are homeowners, so when you’ve got captive versus non-captive, it really is kind of a tossup.

I mean, if you’ve got an agent that’s got a really good relationship with you and they just don’t have a core competency, even if that relationship is super, super strong, I would advise to go outside of that relationship and look for a brokerage that you could trust equally that will get you the right product because at the end of the day, the reason that you’re paying for insurance is to have that coverage, so it just doesn’t make any sense just because of the relationship to have something that maybe is subpar. Maybe that’s not right terminology to use, but maybe it’s something that the carrier that your agent is offering you is just not able to provide you.

TG Branfalt: Then when business owners go into this market, especially new business owners, which there’s going to be a lot of in California here in a couple of months, what should they be looking for? What is your advice for these entrepreneurs who are going to have to eventually have some sort of of insurance in this industry?

Michael Senderovich: Okay, so the first thing that they should look out for is actually not so much the insurance. It’s the agent/broker. This is a very, very quickly, and maybe not quickly, but it’s moving fast enough for changes to be missed for either/or agents, or captive agent or non-captive agent, so when you’re looking for an agent or a broker, you really want to find someone who you can trust because they don’t really dabble in too much. I mean, it’s really difficult for agencies to write every line of insurance and be really, really good at every line of insurance. It’s just doesn’t work that way because there’s just too much to know. It’s just very, very difficult to have a core competency in everything, otherwise it wouldn’t be called a core competency, and so I would definitely recommend for looking for a brokerage or an agent that has some knowledge in cannabis. You know, someone who either is involved in cannabis one way or another by belonging to a trade organization or going to these trade shows.

Or someone who is going into that kind of with you because for agents, know like anybody else, when we go into something, we learn with our clients, and a lot of times we learn because the carriers come back to us and the underwriters come back to us and say, “This is how this works.” Or, “We can do this, but we can’t do that.” Basically, our job is to take a look at the big picture and bring something back to you that we feel is best and give you a solution. If you have someone who does not know cannabis, is not really aware of what cannabis is about, what states are legalizing it and what the regulation is in each one of those states, even if they have the licenses in those states …

Suppose you’ve got a California agent that’s licensing in Washington. If they don’t know what’s going on in Washington, they’re not going to be able to help. They can’t really just assume that just because that product is available to them because they have the appointment with the carrier that they’re going to be able to do a good job. Unfortunately, because insurance is a really competitive field, you do have a lot of that, so really it’s up to the dispensary owner or the grow owner to do the research and talk to the agent. If the agent just doesn’t know what’s going on, then you probably don’t want to go with that agent.

TG Branfalt: For sure. That’s really good advice, and a lot of people may not realize that you can have multi-state licenses to sell insurance, you know? They might have to get these individual licenses in every state. Finally, man, where can people find out more about you and your firm and trying to get in touch with you now?

Michael Senderovich: Sure. Yeah, you can look me up on LinkedIn. I am fairly active on there, depending on how the week goes. We are a growing company, so I do have kind of everybody pulling me from every which direction. I do a bunch of consulting here locally in Southern California. We do a lot of kind of telecommuting as well where we do consulting over the phone, via Skype for businesses that are either in construction or in cannabis, on everything from growth strategy to sometimes even retraction strategy. I like retraction strategy because I’m a very niche guy, so I like to talk to people about how to target certain audiences and how to work with them, and really get a very good growth and sustainable growth. LinkedIn, like I said, you could just look me up. Just type my name in. My last name is spelled S-E-N-D-E-R-O-V-I-C-H, so just Sender and emphasis on the O, and then just the Vich.

You can find me on Instagram. I do a bunch of kind of random stuff here and there. My handle, I guess, is @ontimemike. I do a bunch of podcasting myself as well, but if you’re talking specifically about business, LinkedIn is definitely the best way to find me if you need to talk to me. You know, I don’t charge consulting fees if it’s just advice. I mean, obviously if it’s something that is specific and something that we really need to dive deep into, then there will be a fee associated with that. If you want to contact our firm and if you are looking for cannabis insurance, you can look us up online at Zeyger, Z-E-Y-G-E-R insurance dot com. You’ll have our telephone number there, and contact us and all that good stuff. We’re always looking to kind of expand not just because obviously we want to sell more insurance, but every policy that we sell, we actually learn from because we have different interactions with different underwriters mostly, and that gives us a better understanding of what direction we need to go into.

TG Branfalt: Well, this has been a really enlightening conversation, you know? You’re a wealth of information, my good man, and I really appreciate you taking the time to be on this show.

Michael Senderovich: It’s my pleasure. I’m so happy that you responded to my email as fast as you did. I mean, you were really on it, and a lot of the topics you wanted to talk about are something that we’re really passionate about and I just thank you so much for having us and doing what you’re doing.

TG Branfalt: Absolutely a pleasure, my man. You can find more episodes of the Ganjapreneur.com podcast in the podcast section at ganjapreneur.com and in the Apples iTunes store. On the ganjapreneur.com, you will 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. I’ve been your host, TG Branfalt.

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Nighttime view of Pittsburgh, Pennsylvania.

Pennsylvania MMJ Program On-Track for Early 2018

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More than 10,000 patients have registered with the Pennsylvania Department of Health to participate in the state’s forthcoming medical cannabis program; however, just 1,188 of those have so far been given certification by a physician to access the program, which is expected to roll out in early 2018.

“Patients have started to receive their medical marijuana identification cards, bringing us one step closer to getting medication to patients in the next four months. Our grower/processors are well underway, and our dispensaries are approaching the point where they will be ready to open their doors. Patients who are desperately waiting for this medication will soon find relief.” – Gov. Tom Wolf, in a press release

The Department of Health has also approved eight grower/processors following successful inspections and integration with the state’s seed-to-sale tracking system. The approved entities can begin accepting seeds and clones. Dr. Rachel Levine, acting health secretary and physician general, indicated four other cultivation/processing businesses are in the “final stages” of the approval process.

“We have been working with them to make sure they are meeting all of the standards set out by the regulations and their facilities are safe and secure. At this time, we do not foresee any issues with the remaining facilities that would prevent them from becoming operational.” – Dr. Levine in a statement

About 250 physicians throughout Pennsylvania have completed the required state training to recommend medical cannabis and another 300 have registered to participate in the program but have not completed the requirements.

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California County-Licensed Cannabis Distribution Company Employees Arrested During Traffic Stop

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California Highway Patrol officers arrested two employees of a Mendocino County-licensed cannabis delivery company on Friday claiming their operation is unlawful under state law until Jan. 1, according to an Associated Press report.

The employees of Old Kai Distribution were stopped in the unmarked company van for a traffic violation and arrested even after showing the officer their county-issued cannabis distribution license. Both employees were charged with unlawful transportation of marijuana and unlawful possession for sale; officers also seized the shipment which totaled nearly a ton. The cannabis was cultivated by a Mendocino County family farm and was on its way to a distribution center to be tested.

In an interview with the AP, Joe Rogoway, attorney for Old Kai, called the arrest and seizure “incomprehensible,” adding that he has sent a letter to the agency demanding the product be returned and all charges be dropped.

“This was basically their entire harvest. Their entire year was in the back of this vehicle. If that cannabis is destroyed, it really puts at risk the safety and well-being of their family.” – Rogoway, to the AP

Warren Stanley, acting California Highway Patrol Commissioner, said the officers “are just following the laws that are in place now” and they would start following the adult-use rules when they take effect on Monday.

Mendocino County Spokeswoman Sarah Duckett told the AP that the company’s licenses are valid under two local ordinances.

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More Than a Box: How Packaging Impacts Your Bottom Line

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“Design is where science and art break even.”

Consumers make instinctual purchase choices, and your packaging is a leading factor in how those choices are made. How something looks, feels, smells — its impact is immeasurable. You’ve spent precious time and money creating your cannabis product, but what are the next steps? How do you create a package that moves to people to action?

Too often business owners struggle with their packaging decisions, never able to find the profitable middle ground between being too basic and too elaborate. They often rush through the process, not taking the time to get into a creative mindset while making decisions. Packaging in itself is an art form and it’s essential that you put your creative hat on when making packaging decisions.

I want to walk you through my process of designing cannabis packaging to help showcase your product. As a thirty year creative with some of the world’s largest brands, this process has led to some of my most memorable packages.

Gather all your packaging options

Designing proper packaging for your product is nearly impossible without gathering your options and ordering physical samples. We associate value with the weight and feel of products, so having a sample is essential as a first step in making decisions. Do not make the critical mistake of assuming your cannabis packaging works because you saw it on a computer monitor. Your consumer will be holding, lifting, examining your package when they purchase, so you need to do that as well.  

When you have your options in hand, ask yourself the following questions:

  • What message am I trying to share?
  • Who am I trying to share this message with?
  • What are the values of my company? Are we fun? High-end? Educational? Does this package align with that value?
  • What does this packaging reveal about my product?
  • Does the material suggest significance and separate me from other products in the market?

Print out your layout and live with it

If your product mockups are available, print them up in different sizes and place them on your packaging. Use your style guide and play with different elements of your layouts. Carry these items around with you and ask yourself the following:

  • Does this packaging get the attention it needs in different environments?
  • Does this packaging inspire me and emotionally connect me to this product?  
  • Does it have the same impact on me at different times of the day? 

Consumers will go through different moods and experiences throughout the day, and you want to make sure your packaging transcends this factor and is appealing at all times. Buying products is deeply emotional for people, so making sure your packaging connects with them is essential to your product’s success.

For example: if your product is something intimate and sensual, your packaging needs to be that as well. Consider Foria, whose cardstock boxes are made from touché paper that is soft and buttery to the touch.

Walk your packaging off to potential retailers

Feedback is crucial when making packaging decisions. It’s often difficult as a business owner to see past our own evaluations of our product, so going into your intended market space and getting feedback is an amazing opportunity to discover opportunities for better packaging. Talk to the store manager. Talk to potential costumers. Ask yourself and your consumers:

  • Does your packaging fit where you intend to sell it?
  • Do your consumers understand what you are marketing?
  • Are there opportunities to educate your consumer on how your product is different from other market options?  

Insight from people who will sell your product is incredibly beneficial. Listen to their suggestions and use their input to design better packaging. They know what works best in their stores. Most people are completely willing to provide their input.

Look at hidden messaging opportunities

Increasing the value of your packaging increases the overall value of your product and brand. Study your packaging, including all of its elements, and divide it into pieces to better highlight messaging opportunities. Subtle details can make all the difference.

For example, if you have a value-added item such as a button, you can use the underside of the button to imprint your website, a hidden message to your consumer, or have a promotional call to action. That underside of the button is an imprintable area called the “curl” and offers another opportunity for consumer messaging.

Some questions to ask yourself while finding hidden value:

  • Is there a clever message I can add on the inside of my packaging?
  • Is there a 3D item I could add for additional value?  (examples include a tiny silver spoon for concentrates, a printed foldout, a calendar, or a tracker)
  • How can I use the space to educate my audience?

Cannabis packaging is a creative process. When you are committed to being in a creative space, your packaging will come to life and begin to work for your product. You and your product need to stand out from the clutter. Discover your opportunities and you’re on your way.

Remember: go as far as you can see, and when you get there you’ll see further.

 

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A close photo of an untrimmed crows foot on a commercial cannabis plant.

Canadian Regulators Make Initial Ruling in Aurora-CanniMed Takeover Saga

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The Ontario (Canada) Securities Commission has issued a regulator ruling in Aurora Cannabis Inc.’s attempted hostile takeover of CanniMed Therapeutics Inc., indicating that any securities issued by CanniMed as a defense against the bid must be cease-traded, the Canadian Press reports.

The ruling requires Aurora to amend its takeover bid circular and all related press releases to include information that could impact CanniMed shareholders if they decide to accept or reject the offer. Aurora must also include information pertaining to how they became aware CanniMed’s board would meet to mull a plan to buy Newstrike Resources Ltd. As part of the deal, Aurora wants that deal voided.

Regulators also rejected Aurora’s request to shorten the minimum 105-day period for shares to be deposited to its offer. However, the decision neutralizes CanniMed’s poison pill defense of the takeover, which involved issuing more shares.

“Aurora’s attempt to reduce the minimum bid period was inappropriate and clearly an attempt to pressure CanniMed shareholders into tendering to the coercive Hostile Bid by unfairly shortening the statutorily required bid period.” – CanniMed in a statement to the Press

Aurora CEO Terry Booth was confident that the deal, which has the support of CanniMed shareholders with 36 percent stake, would still get done.

“Aurora has secured key legal victories that take us a big step forward towards acquiring CanniMed, and integrating its team and operations into our organization to further build the preeminent global cannabis company.” – Booth in a statement to the Press

Aurora must amend its publications related to the deal by Jan. 12.

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View of Salt Lake City and the Utah Capitol Building from a lookout on a nearby mountain.

Utah Regulators Cracking Down on CBD Sales

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Utah’s Bureau of Investigation and Department of Health is probing retail CBD sales in the state and has seized products from businesses throughout the state, according to a Salt Lake Tribune report. Department of Public Safety Spokesman Lt. Todd Royce indicated retailers are required to have Health Department permission to sell CBD products.

“It’s not legal. Recreational use CBD never has been legal, and is not currently legal.” – Lt. Todd Royce to the Tribune.

Ed Hendershot, the owner of an antique shop in Heber City which sold CBD products, said within two months of selling CBD products they accounted for two-thirds of his business; however, a representative for the state Division of Occupational and Professional Licensing seized about $400 worth of products – without a warrant – and gave him an administrative subpoena telling him he was selling an illegal product.

Republican State Rep. Brad Daw told the Tribune that, under state law, only people with an epilepsy diagnosis or part of a research program are allowed to legally possess CBD products- despite the fact that the products are hemp-derived, which leads many retailers to believe they are protected under the 2014 federal farm bill (which allows states to implement hemp production programs). Daw indicated his colleague, Sen. Evan Vickers, planned on introducing a measure in the upcoming session to legalize CBD sale and possession in a regime requiring product testing and labeling.

According to the Department of Health figures, just 119 people have cards allowing them to possess CBD in Utah.

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Washington Patients Still Don’t Have Easy Access to Clones, Seeds

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In Washington state, a medical cannabis patient who is registered on the Marijuana Authorization Database can grow up to six plants at home, while a qualifying patient who is not registered can grow up to four plants — but do medical cannabis patients in Washington really have legal access to seeds, clones, and plants?

We recently decided to check.

When Washington’s medical and adult-use cannabis systems were merged in 2015 with the passage of the Cannabis Patient Protection Act, activists quickly noticed the legislature forgot to include a way medical home growers could legally acquire plants for their gardens. So lawmakers passed a fix in early 2017: in their provision, registered patients can purchase seeds, clones, and small plants (while qualifying patients can buy seeds) directly from I-502 producers.

Using a Washington State Liquor and Cannabis Board (WSLCB) list of licensed producers, we called a total of 40 producers from around the state, 20 from the four largest counties and 20 more from smaller counties throughout Washington.

Photo credit: Sarah Climaco

A large majority of the calls ended with an answering machine and no callbacks. Among those who answered, some had heard of the program but were not ready to sell to patients. A few had not heard of the new regulations but were open to eventually participating in the program. However, none of the contacted producers had concrete plans in place to sell to patients, and not one producer out of the 40 on our call list was able to provide clones at the time of our call.

“We don’t really feel the state has explained this enough,” said Rick Roening, a Spokane County licensed producer. “We worry about patients coming into the grow and bringing pests. There is also an extra security risk. We have genetics we’d like to keep under wraps, and no one has said what happens if our plants find themselves in illegal grows.”

“We just don’t feel the return is worth the risk right now, but if there is more clarification from the state we may be open to direct sales to patients at some point,” he said.

While Roening was unable to provide us with any plants at that time, he pointed us in a direction that did yield, after another call and email, a Washington I-502 producer who is selling clones.

Crystal Oliver, President of Washington’s Finest Cannabis, said that they are ready to sell clones to registered cardholders and are happy to be helping: “We want to get our strains out to patients to help and to share our unique strains, their benefits, and our joy of growing them.”

“Many growers are abandoning diverse heirloom strains in favor of high THC, high producing cultivars, putting some strains in jeopardy of being lost forever. Not only does selling clones to medical home growers help those in need, but it helps keep cannabis genetic diversity going in the state. Unfortunately, over-regulation is making this whole process more difficult than it should be,” Oliver said.

Photo credit: Sarah Climaco

We asked the WSLCB what more could be done to help patients find the rare producers who provide this service. LCB spokesperson Mikhail Carpenter said there may be a way to inform patients about who is selling clones using the new data system set to come online January 1, 2018.

“At the moment, producers don’t have to say up front if they will sell clones to patients, but they must enter them into the traceability system once they are sold. The new system isn’t set up for this yet, but we may be able to do a data search after the fact for producers who have made this type of transaction. Then, provide those names on a list. This is something we are looking into,” Carpenter told Ganjapreneur.

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A man smoking a joint on a hotel balcony just outside of the Las Vegas strip.

Nevada Cannabis Sales Set New State Record in October

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Nevada’s combined cannabis sales reached a new high in October, totaling $37.9 million, the Las Vegas Review-Journal reports. The state received $5.8 million in tax revenues, of which about $3.8 million came from the state’s 10 percent excise tax on recreational sales.

Since recreational sales began on July 1, the state has netted more than $19 million in tax revenues – about $12.6 million from retail taxes and nearly $6.5 million in wholesale excise taxes which apply to both recreational and medical cannabis products.

Nevada’s monthly sales so far:

  • July: $27 million
  • August: $33.4 million
  • September: $27.7 million
  • October: $37.9 million

The Department of Taxation estimated that state would see $63.5 million in tax revenues in the first two years of recreational sales; so far the total tax revenues have reached 30 percent of that projection.

“We are pretty on target with projections, maybe a little over.” –  Nevada Department of Taxation spokeswoman Stephanie Klapstein to the Review-Journal.

The 10 percent excise tax paid by retail customers goes into the state’s rainy day fund while the 15 percent wholesale excise tax is used to pay for the administrative costs of the program for state and local governments — the remainder is used for education.

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The flag of Mexico.

Mexican Regulators Expect MMJ Access in Early 2018

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According to Julio Sánchez, Mexico’s commissioner of the Federal Commission for the Protection against Sanitary Risk (COFEPRIS), patients in the nation are expected to have access to medical cannabis products in the first quarter of 2018, according to a Riviera-Maya report.

What’s allowed under the federal medical cannabis regime? Medical companies can import cannabis-based products such as food supplements, cosmetics, and beverages. Patients must obtain permits from the federal government to access cannabis-derived products. Personal cultivation is not allowed.

So far, the nation has issued 294 individual permits authorizing the importation of CBD-rich products – 80 percent of which are for pediatric patients with dermatological conditions, epilepsy, or cancer. Regulators have turned down 431 requests over the last two years by individuals seeking permission to use cannabis recreationally; seven of those have been brought to the Supreme Court.

President Enrique Peña Nieto must still sign the medical cannabis use bill, which includes language permitting scientific research. The measure passed the legislature 371-11.

Mexico joins the ranks of Colombia, Peru, and Chile as the latest Latin American country to legalize medical cannabis use. Uruguay is currently the only Latin American nation to have legalized cannabis use for adults.

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The long, straight stretch of road typical to Nebraska highway driving.

Elderly Couple Arrested with Cannabis ‘Gifts’ are Parents of Vermont State Prosecutor

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An elderly couple made headlines last week after they were arrested in Nebraska with 60 pounds of cannabis, telling police that they planned to give it away as Christmas gifts to relatives in Vermont and Massachusetts. The Burlington Free Press now reports that their son is Justin Jiron, chief deputy state attorney for Chittenden County, Vermont.

As deputy state’s attorney, Jiron is responsible for criminal prosecution.

His parents, Patrick, 83, and Barbara Jiron, 70, were arrested on Dec. 19 on Interstate 80 in York, Nebraska for failing to signal, according to reports. They detected “the odor of raw marijuana” emitting from the vehicle and Patrick agreed to the search that turned up more than 25 bags of cannabis – which police estimate a street value of more than $300,000. The elderly couple, who live in California about three hours north of San Francisco, received citations for possessing marijuana with intent to distribute.

“Justin is in no way connected to this allegation other than by relation. Justin is and has been a dedicated public servant for over 15 years and I assure you he is as surprised and upset about these allegations as anyone” – Chittenden County State’s Attorney Sarah George, Jiron’s boss, in an email to the Free Press.

The accused Jirons have not commented; however, they reportedly told police they did not know it was illegal to transport cannabis through Nebraska.

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The Golden Gate Bridge in San Francisco pictured during nightfall.

California’s Golden Gate District Transportation Authority Bans Cannabis Advertising

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California’s Golden Gate Bridge, Highway and Transportation District has banned cannabis related advertising, the San Francisco Examiner reports. The move bars ads from ferries crossing the San Francisco Bay, buses using the bridge, and from ferry terminals and transit kiosks.

The move follows a ban by the San Francisco Municipal Transportation Agency, which prohibits advertising on Muni buses and trains.

According to the report, the ban is partly due to regulators believing it would be an “unproductive use of staff time” to “verify that each proposed cannabis advertisement is from a licensed vendor” as the state moves from a gray medical cannabis market to a full-blown recreational regime. Cannabis ads have historically been barred from Golden Gate district transportation vehicles because of its federal prohibition; however, the board of directors moved to reaffirm that stance as legalization moves forward.

California’s recreational cannabis law includes tough advertising language, including limits on when television and radio ads can be played, and requiring the ads contain the advertiser’s licensee number.

State lawmakers attempted to pass legislation to ban cannabis companies from advertising on clothing; however, that measure did not make it out of committee.

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Federal MMJ Protections Included in Temporary Spending Bill

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State-approved medical cannabis programs are safe from federal interference until at least Jan. 19, as the Rohrabacher-Blumenauer was included in a temporary spending bill to prevent a government shutdown. The stopgap funding measure, signed by President Donald Trump last week, passed the Senate 66-32 and the House 231-188.

Rep. Earl Blumenauer: “Patients around the country who rely on medical marijuana for treatment – and the businesses that serve them – now have some measure of certainty. Our fight, however, continues to maintain these important protections in the next funding bill passed by Congress.”

Blumenauer was one of 66 signatories on a Nov. 8 letter to House and Senate leadership urging them to include the amendment in the comprehensive final budget bill.

“The provision, which first became law in December 2014, has successfully protected patients, providers, and businesses against federal prosecution, so long as they act within the confines of their state’s medical marijuana laws. These protections extend to 46 states, the District of Columbia, Guam, and Puerto Rico, all of which allow some form of medical marijuana that is strictly prohibited by the federal government – from CBD oils to the full plant.” – Letter to House Speaker Paul Ryan, House Majority Leader Mitch McConnell, House Minority Leader Nancy Pelosi, and Senate Minority Leader Chuck Schumer

The Senate Appropriations Committee had approved the amendment as part of the 2018 Commerce, Justice, and Science appropriations package; however, the House Rules Committee blocked the amendment from receiving consideration from the full chamber. If the amendment is not approved, there will be little to no protection for medical cannabis programs without Congressional action.

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New Brunswick, Canada Unveils Potential Cannabis Retail Shop Designs

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Regulators in New Brunswick, Canada have released potential retail cannabis store designs, which New Brunswick Liquor Corp. spokesman Mark Barbour calls “very chic, very modern” and “along the lines of a jewelry store,” according to the report from The Canadian Press.

In an artist rendering, the upscale shops would feature grey walls and black ceilings, and brightly lit, and locked, glass cases to hold products. The construction specs also portray a standalone brick building with a black awning featuring a “CannabisNB” logo.

Included in the rendering is a reminder that cannabis products will be tightly controlled – including a security guard posted at the entrance.

Rosalie Wyonch, policy analyst for C.D. Howe Institute, said that the new rules are “like the entire country is turning 19 at the same time,” noting that education will be “a large part” of the customer service experience at the shops.

“For the provinces that will go Crown corporation for retail, it’s probably going to be a very polished experience. Someone who has never thought of smoking weed could walk into the store and feel comfortable. There would probably be significantly more amounts of customer service staff to help you with products and explain things.” – Wynoch to the Press

New Brunswick joins Nova Scotia, Prince Edward Island, and Quebec in leaving retail sales up to state-run liquor companies, while British Columbia, Newfoundland and Labrador, and Manitoba have announced they will allow private retailers.

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Blue police lights on top of a white cruiser.

Illinois Municipality to Roll Out Oral Swab Roadside Test Pilot Program

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Carol Stream, Illinois’ police department is moving forward with plans to use the controversial mouth swab roadside test to determine whether a driver is under the influence of drugs, Illinois Radio Network reports. The tests are part of a pilot program and cannot be used as evidence in court.

The P.I.A.2 kits test for cannabis, opiates, methamphetamines, and cocaine. The program will see the tests used on individuals already arrested who agree to participate. Officials hope to obtain 50 to 100 samples.

Carol Stream Police Sgt. Brian Cluever: “Once we have proven this in court and it’s been proven in the scientific community to be accurate and reliable, then there’s no reason why it should not go statewide.”

Cluever indicated that while he is unsure whether drugged driving is increasing in the state, drugged motorists “are just as, if not more, dangerous than alcohol-impaired drivers.”

The funding for the tests – about $30 per kit – comes from the department’s DUI Tech funds.

Last month, Michigan law enforcement officials in five counties announced they would begin using oral swabs to test drivers for impairment.

Why the controversy? The tests are designed to calculate whether a driver has consumed drugs; however, they do not accurately measure impairment. In Colorado, the legal limit for cannabis-impaired driving is set at “5 nanograms of active THC in … whole blood” but “no matter the level of THC, law enforcement officers base arrests on observed impairment.” In California, Gov. Jerry Brown signed a measure into law last September that allows a $70 fine for both drivers and passengers caught consuming cannabis in a vehicle.

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Closeup image of a barcode-tagged cannabis plant inside a commercial grow facility.

California Cannabis Track and Trace Update

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Franwell’s METRC has been selected for California’s track and trace system and cannabis businesses throughout the state are scrambling to understand and implement procedures around the regulations to be enforced in the new year. Starting January 1, 2018, businesses will have to begin entering data into METRC in adherence with a myriad daunting municipal and state regulatory codes — although a grace period may take effect for those still trying to get their ducks in a row.

Back in June, I wrote a guide to getting compliant for operators in California, advising that all business owners establish relations with local regulators and get their financials in order. Today, the new year is on the horizon, and compliance should be at the top of your priority list, considering it was the biggest pain point for many cannabis businesses in other states, where the “I was not aware of this” excuse failed to conserve the offender.

Many of you will be establishing compliance departments and hiring the right personnel to overlook your ongoing compliance efforts, including the identification and prioritization of applicable regulations, development and storage of appropriate internal procedures, and their communication to all partners, stakeholders, and employees. As most probably know, a component of compliance will be the state-mandated track and trace program.

In this post, we’ll give some background information on track and trace programs and what to expect for California’s market.

Photo credit: Sarah Climaco

Track and trace systems

With over 29 states online with some form of cannabis use, governmental bodies are tasked with a huge challenge of ensuring that cannabis plants and products are tracked from when the plant is just a seed until the end product is purchased by a consumer. Track and trace systems help regulators track cannabis throughout its lifecycle — from cultivator to manufacturer to distributor to lab to retailer and, eventually, to consumer — and ensures that cannabis doesn’t end up in the wrong hands and that businesses pay their share of owed taxes. These systems are called “track and trace” because they require the capturing of data points along each step of the supply chain and make it accessible to regulatory bodies in real-time.

These systems, including BiotrackTHC and Franwell’s METRC, which we discuss later in this post, are accessible online and have integrations with hardware (barcode/RFID scanners, label printers, scales, etc.) that enable cannabis operators to quickly input data into the system. Seed to sale tracking occurs along the entirety of the supply chain including:

  • Lab Testing – performing quality assurance tests on flower or processed material to detect traces of pesticides, record THC / THCA levels, and more
  • Transport – issuing manifests that include weight/quantity of product(s) being transported, starting address and ending address, and signature hand over of chain of custody by end customer
  • Manufacturing – Monitoring the conversion of plant material to concentrates and logging any wastes or destruction
  • Storage – documenting the location of batches of products at any given time, whether at a warehouse or in-transit with a driver
  • Retailer – point of sale tracking of all products sold, patient efficacy and limits on dispensing to ensure easy product recall
  • Overall compliance: the enforcement of packaging, labeling, taxes, and regulations

Beyond ensuring the collection of tax dollars, having a track and trace system in place is useful for the following reasons:

  • It helps governments conduct efficient product recalls in case of any problems
  • It ensures all cannabis products sold are safe for consumption and helps figure out why they were unsafe if any issues arise, tracking it all the way back to the plant’s seed source
  • It enforces proper accounting and minimizes cannabis disappearing into the black market
  • It serves as a tool to provide government with a high-level view of the cannabis industry

The Rise of METRC

To understand more specifics of how this applies to cannabis, let’s look at how one particular track and trace system, known as METRC, has been adopted by several states to handle all cannabis tracking, accounting for every gram of trimming to destroyed batches.

In 2011, Colorado passed a legislation entitled HB 1284 or the “seed-to-sale law,” requiring all cannabis plants to be trackable, and then in December of 2013, established MED (Marijuana Enforcement Division) and selected Franwell’s T&T system known as METRC to track all plants and packages with tags.

METRC is currently being used in Oregon, Alaska, Nevada and a few other states. One of the latest states to sign up is California, who has contracted Franwell, provider of METRC cannabis tracking system, to collect track and trace information from cannabis operators licensed to operate in California. As part of the offering, California envisions a functioning Application Programming Interface (API) that enables licensed cannabis operators in California to transmit data electronically to METRC, in addition to or in substitution of manual data entry into METRC. The goal of the API is to enable communication between METRC and other 3rd party systems ranging from POS to inventory tracking systems. Please note that all the information inside of METRC is private and confidential and only viewable by the licensee who has been given access by the Bureau of Cannabis Control.

Photo credit: Sarah Climaco

METRC, which stands for Marijuana Enforcement Tracking, Reporting and Compliance, applies a tag in adherence to an ID system that allows safety inspectors to quickly figure out where the product came from in case a recall needs to take place. These tags allow regulators to scan a particular plant or product and determine its origin. Depending on your state, RFID tag requirements may vary. In most states, licensees will be required to utilize RFID tags on each plant as well as each final, packaged product.

Each tag is equipped with a facility name, facility license number, application identifier (medical or recreational), order dates for the tag, and a unique identification number. The system generates the ID numbers, which is like a VIN number, and is NOT re-usable. Each tag has a barcode component and an RFID component but you can also enter things manually if you don’t want to scan anything in. These tags generally cost between 25 and 45 cents.

A detailed look at METRC

Tagged Inventory

In METRC there are 2 types of tagged inventory: plants and packages. Plants are immature, vegetative, or flowering, and must first be entered as un-tagged immature plant batches. Packages are what are created from immature plants, harvest batches or other packages.

Source: Franwell

Once you have a flowering plant, you can make a harvest batch out of it, which only needs a unique name that you give it, not a new tag. From there you cut it, weigh it, trim it, and package out of it. The harvest batch is uniquely identified by a name you give it, from which you can create a package and add a package tag before you transfer it.

Tag Details

Each tag is equipped with a facility name, facility license number, application identifier (medical or recreational), order dates for the tag, and a unique identification number. The system generates the ID numbers, which is like a VIN number, and is NOT re-usable. Each tag has a barcode component and an RFID component but you can also enter things manually if you don’t want to scan anything in.

Packages and Intermediate Processes

Cultivators will sell their trim, which will have a tag on it. A processor may purchase trim from multiple places, and process and juice it to make a new batch of concentrate, which will get a NEW ID number on it, which will encompass all the other ID numbers. Once you have the concentrate, you can start doing the production batches such as edibles. This new ID number that will be associated with any new production batches you create so the system can quickly trace back to the point of origin in case of recalls etc.

Source: Franwell

Transfers

Transfers are created anytime package(s) move from one physical location or licensed facility to another. These transfers may be rejected by package, meaning that the recipient may reject specific packages inside of a transfer if what is stated on the manifest doesn’t match up with what’s physically being received (i.e. amounts, weights etc.), resulting in the originating licensee receiving the package back into their custody. This means that the ID is simply transferred from one licensee to another’s inventory once they accept the transfer, and thus does not require the recipient to apply a new tag. All transfers and pertaining details are tracked inside METRC.

Lab Results

Labs are required to put test results into the system. Once distributors create a test package, it would have its own unique ID and be transferred to a lab. The package being tested is then placed on hold until those test results come back as clean as entered by the lab into METRC, meaning that it can’t be moved, sold or transferred. In California, the lab will be taking possession of the package and creating a test package, they will create the manifest and ship it.

Reports

Each licensee will get a reporting dashboard with about 12 reports in METRC, which is based on Microsoft’s SQL Server technology. The reports will cover everything from sales to cultivation to transfers to packages, providing granular insight and trend analysis functionality, and be exportable to Word, Excel and PDF formats.

Dealing with other track and trace systems on a municipal level

Although the state of California has selected METRC as its official track and trace system, a few counties in California have enacted their own systems that operators in those regions will have to comply with in addition to METRC. A traceability company called SICPA has been piloting a program with Yolo, Mendocino, and Humboldt county in which all growers (roughly 100 of them) are required to participate — and this could last up to 2 years.

SICPA Product Security, LLC is a Swiss company that currently tracks cigarette sales for all of California. The reason SICPA is applicable to cannabis is to show a Point of Origin so that the source of the cannabis can be claimed only by those counties as the appellation system dictates, and not by anyone else, in order to help protect the growers’ intellectual property.

SICPA’s track and trace system utilizes secure stamps that help in fighting counterfeiting, and allow for data collection and business intelligence. After harvesting and packaging, a licensee applies a traceable, counterfeit-resistant stamp to the packaging, which includes a QR code and unique stamp number that is coded with information about the product, including size, strain, grower and more. As the package goes through the supply chain — from cultivator to manufacturer to distributor to dispensary — the stamps are scanned by each licensee so they can be tracked until the product is sold to a patient.

Photo credit: Rory Savatgy

Patients will be able to scan these stamps with a smartphone app (which will be released when the program launches) or check them on a website to make sure a product is authentic, retrieve information about the product, see test results, and answer a litany of other questions, including: were any pesticides used? Is the grower ‘Clean Green’ or organic? And so on.

To make things even more complex, track and trace systems are also live on a ‘city-level’ in California. The City of Arcata adopted Florida-based BioTrackTHC last year. Arcata, which has a population of just under 19,000, was the first city in the entire state of California to implement a track and trace system. The adoption of BioTrack had its hurdles, causing many to be concerned that the system had been prematurely selected. We are unclear at the moment how this program is progressing but if anyone has any insight, please contact me with the contact information below.

As you can see, various organizations have been looking to forge relations with municipalities so that they may maximize their probability of winning the prized state contract. Its unclear now how the state, county and city level systems may work together.

Working with Track and Trace Systems in California

Although systems like METRC (and SICPA if you are in those counties which require it) are mandatory for keeping you compliant, you will likely be or already are using software to manage your customer relations (CRMs), inventory, production, orders, and invoices, as well as granular-level reporting across all these facets of your business. In hybrid track and trace models, the regulatory body gets to maintain their centralized database while opening up an API for tools that can integrate with them and automate the submission of data required by the state. METRC has an API available so you can use tools to integrate with track and trace in California, removing the need to do manual data entry into METRC.

To understand how interfacing with an API affects you, imagine your workers logging in to a system like METRC with their username and password, moving their mouse cursor into particular boxes and typing in data, or by clicking on an upload button where they attach a CSV or Excel spreadsheet to report sales into METRC. With an API, whatever software you are using to manage your inventory, orders, and shipments can automatically do this for your workers, removing the need for double the work or human errors. There are certain data points such as sales that you can submit at the end of the day, whilst other activities like shipments require transport manifests to be recorded as they happen, letting regulators access and track the chain of custody of your cannabis products through their supply chain in real-time.

If you are an operator looking to enter the space in the future or have already begun your journey, it will be very helpful to understand track and trace systems and how they may affect your operation. In future posts, we’ll cover more details about METRC and how to work with its API.

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Picture of cannabis fan leaves inside of a commercial cannabis grow operation.

Massachusetts Cannabis Regulators Approve Rec. Draft Rules

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Massachusetts’ Cannabis Control Commission has approved draft regulations for the forthcoming recreational cannabis industry, including rules for cannabis clubs and potential licenses specifically for research, according to a WCVB5 report. The regulations are not final and require public comment before gaining final approvals.

What else is included? Rules allow home-delivery, but require positive identification that the buyer is 21-years-old or older and that they sign for deliveries. The research license would allow a facility to cultivate and purchase cannabis but not sell it. Human testing could be considered on individuals 21-and-older if approved by a review board. The rules also include equity provisions to ensure industry opportunities are available to communities targeted by the War on Drugs – specifically residents of minority neighborhoods.

Municipalities in California – Los Angeles, Oakland, and San Francisco – include similar provisions. Similar provisions in Ohio’s regulations have led to a lawsuit from a rejected cultivation applicant, claiming the provisions run afoul of the state Constitution’s equal protection clause. Lawmakers in Maryland are also considering adding 10 new cultivation and processor licenses for minority business owners.

Jim Borghesani, spokesman for Yes on 4 campaign: “While we have a few minor changes we’d like to see, including removing the requirement for delivery recipients to provide signatures and the requirement for license applicants to hold mandated public hearings, we commend the commission for putting together a strong, sensible package of regulations.”

Legal cannabis sales are set to begin in Massachusetts July 1.

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Photograph of Bryce Canyon, Utah at sunrise.

A Third Utah Poll Finds Strong Support for MMJ Access

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A new poll by Utah Policy is the latest to find overwhelming support for medical cannabis in the state, with 73 percent of respondents supporting reforms and 23 percent opposed.

By the numbers: 47 percent “strongly” supported medical cannabis access, and 26 percent “somewhat” supported reforms; compared to 13 percent who “strongly” opposed, and 10 percent who “somewhat” opposed. Four percent responded they “don’t know” whether they support medical cannabis or not.

  • Democrat support was nearly universal: 97-3 percent.
  • Independent support was also overwhelming: 80-15 percent.
  • The majority of Republicans also supported medical cannabis access: 61-35 percent.

The proposal was also popular among “very active” Mormons: 61-35 percent.

Somewhat active Mormons and those who used to belong to the faith but no longer do supported medical cannabis access 75-22 percent and 89-3 percent, respectively.

100 percent of “very liberal” Utahns indicated support for reforms; along with 58 percent of self-described “very conservative” voters, with 36 percent opposed.

A September poll by Utah Policy had similar results: 74-22 percent with 4 percent undecided. While an August poll by Dan Jones & Associates commissioned by the Hinckley Institute of Politics and the Salt Lake Tribune found a supermajority of support – 78 percent – for the ballot initiative to legalize medical cannabis currently be circulated in the state.

The petition campaign is headed by the Utah Patients Coalition who need to collect 11,143 signatures of registered voters by Apr. 15.

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