Looking down on the beach somewhere on the island of Guam.

Guam Pushing Forward with Cannabis Reforms

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Legislation set to be introduced in Guam would force policymakers to implement the 2014 voter-approved medical cannabis laws, which stalled due to complications developing the rules and regulations, according to a Guam Daily Post report. The measure, introduced by Sen. Joe San Agustin, would set the license fees for manufacturers and cultivators at $1,000, while dispensaries and testing facilities would not be charged.

The legislation is necessary as the original medical cannabis bill did not include regulations allowing the Department of Revenue and Taxation to create business licenses, and an amendment last year to the law only pushed the Public Health Department to start the process of distributing license applications.

The move comes as Gov. Eddie Calvo considers legalizing adult cannabis use on the U.S. territory – however, due to unease regarding federal policies Calvo might pull legalization plans in favor of a home-grow measure, the Pacific Daily News reports. Under the legalization plan, sales would be taxed and the funds would be used to help sustain Guam’s medical cannabis regime.

“The governor’s bill is something that can work, but if it can’t because of the president’s crackdown, then we want to be able to allow home cultivation,” Troy Torres, Adelup special policy advisor said in the Daily News report.

Last term, Calvo vetoed a home-grow bill because he believed it was over-regulated.

End


Looking out from underneath a cannabis plant inside of a state-licensed grow op.

Golden Leaf Holdings Completes Grassroots Deal, Latest in March Flurry

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Oregon-based Golden Leaf Holdings has struck a deal to acquire the Nevada cultivation and extraction licenses from NevWa, LLC – which operates as Grassroots in the state – for $1.925 million. The move comes just four months before state regulators anticipate the launch of the state’s adult-use market. The license allows the company to sell and distribute products throughout Nevada.

Don Robinson, CEO of Golden Leaf Holdings, said the state is “increasingly being recognized as one of the fastest growing cannabis markets in the U.S.”

“The level of tourism in the state combined with the reciprocity provision in the state’s [medical] cannabis laws, positions Nevada to become one of the largest and most dynamic markets in the country,” he said in a press release. “Cannabis brands that are on store shelves in Nevada can create brand loyalty throughout the North America.”

The deal is the third this month for Golden Leaf, who announced last week they had signed a letter of intent to acquire Oregon’s Chalice, LLC, which won “Cannabis Store of the Year” at the 2017 Dope Magazine Industry Awards. On Mar. 16, the company announced they were set to acquire the assets and business of JuJu Joints, which sells disposable cannabis oil “e-joint” products in Oregon, Nevada, California, Washington state, and Canada. Two days prior, Green Leaf announced plans to acquire Medical Marihuana Group Corporation – a licensed Canadian producer.

All of the deals still await final approval from the appropriate regulators.

End


Indoor cannabis plants inside of a licensed Washington state I-502 cultivation facility.

Report Suggests Cannabis Market Will Continue Growth Despite Federal Uncertainty

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Despite uncertainty in the cannabis space fueled by recent comments from federal government officials, the legal cannabis market is expected to grow at a 27 percent compound annual rate through 2021, according to an Arcview Market Research report outlined by Bloomberg. In 2016 legal cannabis sales reached $6.7 billion – up 34 percent from the previous year.

Arcview CEO Troy Dayton said that not only would a crackdown on the legal cannabis trade be “so politically unpopular it would be silly,” but in 2014 Congress passed an amendment to an appropriations bill the prevents the Justice Department from using funds to interfere state medical cannabis programs. Although the measure does not protect adult-use markets, it is plausible that similar protections could be implemented this fall, Dayton said.

“We’ve got all these other countries that are passing more laws and also other states, and presumably the federal government could end marijuana prohibition as soon as 2021,” he said in the report. “There’s never been a market that’s grown at 20-plus percent growth each year for 10 years, right? But that’s possible here.”

The Arcview report indicates that North American total cannabis sales totaled $56.1 billion last year; however, 88 percent of those sales were illegal.

End


Inside of Delaware's Legislative Hall in Dover, Delaware.

Adult-Use Legislation Could Come This Session in Del.

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An adult-use cannabis legalization bill in Delaware is near completion and will likely be introduced this session, according to a WDEL report. The bill’s sponsor, state Sen. Margaret Rose-Henry, indicated it has preliminary support of the state’s law enforcement community.

“Law enforcement wants this bill,” she said in the report. “I’m pleased to tell you that there are police officers who think this is a good thing that we are going to reduce their having to arrest people who don’t need to be arrested.”

Rose-Henry explained that she and several of her colleagues have been in contact with lawmakers in Colorado while crafting the legislation, hoping to learn from “the corrections that they’ve made.” The details of the bill are doubly important in Delaware, because Gov. John Carney has maintained that the state needs more time to develop its medical cannabis program before advancing into an adult-use market.

“We’re going to make sure we put the safeguards in, work with state and local law enforcement, to ensure that our people are protected,” Rose-Henry said. “I think our governor is being cautious. We had the same thing with the previous governor when I did medical marijuana it takes a while because of the federal laws, and I think that’s his concern.”

According to Cannabis Bureau of Delaware Co-Chair Zoe Patchell, 61 percent of Delawareans support a taxed and regulated adult cannabis market and suggested that public pressure could force Carney to sign the legislation if it were to pass.

So far no state has passed an adult-use measure via the legislative process.

End


The Phoenix Convention Center at night.

Imperious Expo 2017 Coming to Phoenix, Arizona on April 12-13

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The first Imperious Expo of 2017 is coming to the Phoenix Convention Center in Phoenix, Arizona this April 12-13.

The Imperious Expo is one of the nation’s leading business-to-business cannabis conferences with an emphasis on the medical and industrial cannabis industries. Each conference boasts a unique array of cannabis industry speakers, and this year’s Phoenix, AZ location promises a blend of west coast, central, and east coast cannabis expertise. Furthermore, the extensive list of exhibitors who will be attending the Phoenix Imperious Expo includes industry representation from legalized markets around the U.S.

Expert speakers will give presentations on topics such as cultivation, extraction, insurance, legal issues, licensing, sustainability, water and more.

Arizona State Representative Mark Cardenas will deliver Wednesday’s keynote address and Shaping Fire podcast host Shango Los will be delivering Thursday’s keynote. Taylor West of the NCIA, Laura and Casey Rivero of Yerba Beuna Farms, Oregon and Nancy Whiteman of Wana Brands, Colorado will be speaking along with an array of national cannabis industry experts. You can view the full list here.

“Arizona cannabis entrepreneurs have a great opportunity. Not only do they have talented growers and extractors locally, but the state is so gorgeous that it is a great place to visit to get high and explore nature,” said Los. “I am excited to be speaking at the Imperious Expo event and have the opportunity to meet some of the state’s top cannabis players.”

David Murét, co-founder of Viridian Staffing, will take up the role of the event’s MC after playing a similar part at the inaugural Imperious Expo held last year in Tacoma, Washington.

“As with any enterprise, putting on a successful cannabis industry conference comes down to the quality of the team. And while relative newcomers to the cannabis industry, the team behind Imperious have been putting on successful tradeshows for years,” said Murét. “But, in an industry saturated with events, that isn’t enough. What ultimately won us over is their commitment to respecting the intelligence of their attendees and creating a valuable experience for all stakeholders. They aren’t just in it to turn a profit. We respect that.”

“We haven’t changed our focus or direction from last year,” said Imperious Expo founder Eric Norton. “We promote the legal medical and industrial benefits of cannabis, emphasizing the business sector, with a primary goal of connecting business to business (B2B).”

Norton says that Arizona’s thriving medical cannabis program is what originally caught his eye a few years back, but also that the state’s central location makes it more attractive to industry members who are further from the west coast. “Phoenix is only a few short hours by car to San Diego, LA, and Las Vegas — that makes it ideal for a trade show location in the cannabis industry,” he said.

Tickets are available online for the 2017 Phoenix Imperious Expo; two-day passes cost $148, a one-day pass costs $88.

If you are unable to attend the Imperious Expo in Phoenix, start planning now for their October Imperious Expo in Los Angeles.

End


David Barakett: Growing a Multi-State Dispensary Chain

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David Barakett is the CEO of ShowGrow, a culture-focused dispensary chain with California locations in Los Angeles, Santa Ana, and Ramona. ShowGrow also runs a dispensary in Las Vegas, Nevada.

David recently joined our podcast host TG Branfalt for a chat about participating in the widening cannabis markets in California and Nevada. In this episode, David offers predictions for the new adult-use cannabis markets that will be opening after last November’s election, describes how he is able to make his dispensary brand stand out in the modern cannabis industry by understanding who cannabis consumers are and what they care about, and shares insight about his own management style, which he says can be summed up in one word: “positivity.”

Listen to the episode via the media player below, or continue scrolling to read a full transcript of the episode.

Subscribe to the Ganjapreneur podcast on iTunes, Stitcher, SoundCloud or Google Play.


Listen to the podcast:


Read the transcript:

TG Branfalt: Hey there. I’m TG Branfalt and you are listening to the Ganjapreneur.com podcast. The Ganjapreneur.com podcast gives us an opportunity to speak directly with entrepreneurs and experts who are working on the front lines of the industry to normalize cannabis through responsible business, education, and activism. As your host, I will do my best to try to bring you actionable information to help you plan, grow, and manage your cannabis business.

Today I’m joined by David Barakett. He’s the ShowGrow CEO. He’s got some dispensaries in Nevada and California. How are we doing today, David?

David Barakett: I’m doing great, doing great. How about you?

TG Branfalt: It’s a very strange day. Jeff Sessions was confirmed yesterday, so I’m still trying to wrap my head around that, and we might get to that a little bit later. But before we do, I want to talk about you. Let’s start with your background. What did you do before getting involved in the cannabis industry?

David Barakett: Early on, I got into real estate, that was kind of my first career, and built a mini real estate empire. It wasn’t very big but it was a Century 21 franchise. It was a good learning experience. That gave me the foundation for bringing some of the business acumen to the cannabis industry, and that was kind of my first taste of business and then I quickly moved into this shortly after.

TG Branfalt: Tell me about the experience opening your first dispensary. What was that like, and during that process, what were you looking for in partners and employees?

David Barakett: Yeah, it was crazy. It was a pretty interesting time and we actually partnered with somebody to manage this facility, and it was a great project at the time, and I was really excited. I didn’t know anything about the industry, really. I mean, I knew cannabis but not in the depths that you would have to know to be really great at retailing. We took over this facility and right out of the gate, we started doing pretty well. We kind of just developed it as we went and one of my partners did have some experience and he showed up a couple of days in and he was like, “You guys don’t have enough products on the shelves. What’s going on?” I was just like, “Man, I don’t know anything about this.” But from there, we just kind of learned.

I learned a lot early on from my employees because really they were the ones that were in tune with the industry. They are the boots on the ground and even today, that’s really where, that’s where we get our swagger from. That’s where all the knowledge is derived from, really, is from the folks that are in the store. A lot of those things we learned early on.

TG Branfalt: What state was your first dispensary in?

David Barakett: California.

TG Branfalt: How did you kind of evolve that business model and expand into Nevada? What did that entail? What’s that story?

David Barakett: When the Nevada market was going online, I think there was a lot of interest, right? The operators of the world descended on Nevada to find a home. We did the same thing. I started coming out here. If anything, it was just a good excuse to come to Vegas once a month. We met with a lot of people, talked to a lot of people about what we’re doing in California. We always felt like being from California, that we were better set up to succeed in Nevada. We kind of went through the process of meeting a lot of different owners, a lot of different personalities, and we landed on a group that are just really, really great guys, and they gave us the reins to do our thing.

We originally slow-played the market out here, and we didn’t end up doing cultivation and manufacturing because there just wasn’t a market to support it at the time. We built, we brought our California dispensary model. It was met with a lot of happy faces. People were coming in. They were like, “Man, it’s great to see a California dispensary.” In Nevada, a lot of people that live here are from California. A lot of people that they consume cannabis in Nevada, they’ve been to California. They’ve seen the shops. They’ve seen the product. There’s a lot of California influence out here. We just did our thing, put OGs on the board, put other California products that are just quintessential products that people would want, right? It just was a smooth transition.

TG Branfalt: With both of those markets opening up for recreational now, what are you guys doing to prepare for that and what is your kind of anticipation? What are you anticipating happening in both those states?

David Barakett: I anticipate these two states blowing up. I don’t think there’s any doubt that California is the largest market in the country. It’s poised to absolutely explode. I mean, we’ve had about a million patients in that market. What’s coming in California with rec, although it’s been relatively easy for people to get a rec and go to the shops, it’s still not something that everybody’s comfortable with. People think that you’re going to be on a registry somewhere. When you go to apply for a job sometime, somebody’s going to be able to dig out that you’re a cannabis consumer or whatever. Gun owners feel the same way.

There’s a lot of people that never entered the marketplace and there’s a lot more cannabis consumers out there that just aren’t in it. Yeah, my expectation is that the market could very well 10x. There’s no reason why it wouldn’t. We know that the million people that are cardholders now, they are your core business and they will be the core business after. You’re going to have always the people that are cannabis enthusiasts that will be your core business, and then there’s just going to open a market to a whole lot of people that will be occasional smokers, once a week or even once a month. But when you add up the numbers on that, you wind up with a pretty big market and the medicinal numbers should pale in comparison.

In Nevada, strategically, there’s no reason why we wouldn’t want to be here. We’re so close and this market, unlike California, it just, it doesn’t have the population, but when rec comes, the 42 million visitors a year could purchase. They’re flying into Las Vegas with the purpose of lowering inhibitions, so there’s no reason why this market isn’t going to just explode, too. My expectation is that these two markets will easily be the two largest in the country.

TG Branfalt: With the expansion happening, I mean, it’s happening all over the U.S. We’ve got eastern states now that are going full rec, so there’s a lot of opportunities to enter the market, but what are some of the barriers that you think exists as an entry to the market in the current business climate?

David Barakett: I mean, there’s a number of barriers to entry. It just, it depends how equipped you are to deal with them. We’ve built a business that’s comprised of people with a lot of different talents. Although we’re great at cannabis, we’re also great at business, and transitioning into this regulated market and every regulated market is different. It’s just, it’s imperative that you have somebody in-house that’s doing compliance. We happen to have somebody that’s phenomenal. It’s imperative that you understand the market that you’re getting into. Something that happened in Nevada was that nobody understood the market they were getting into. When locations were opening, there was 8,000 patients. That wasn’t going to support a bustling market. I still see a lot of that.

There’s this notion that you sell a gram of weed and your bank account automatically has a million dollars in it, and that’s just like so far from the truth. A lot of guys are jumping into the industry thinking that all you’ve got to do is get the license and open the doors, but it’s just not the case. There’s certainly some great markets out there that will be opening up. Massachusetts will be one of them. Everybody predicts that Florida will also be one of them. We’ll see how things kind of play out. But nevertheless, you’re talking about smaller states than where we’re working. They don’t have the same kind of tourism. When every prospectus that get sent to me is basically using black market numbers, it’s really hard to really understand what the value of these business are.

It’s experience. It’s just, it’s having done it that gives you the ability to really understand what you’re doing because, yeah, when you ask what are the barriers to entry, there’s a lot. There’s a lot. This is a heavily regulated space. Nobody is trying to legalize cannabis and have room for madness on their hands.

TG Branfalt: This is actually kind of leading into this quote that I’m going to read back to you that you had said, but before we do that, we’ve got to take a quick break. This is the Ganjapreneur.com podcast.


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TG Branfalt: Hey, we’re back. This is the Ganjapreneur.com podcast. I’m TG Branfalt, your host. I’m here with David Barakett, the ShowGrow CEO. Before we took the break, we were talking about barriers to entry, the current market. You’ve said that legalization and regulation don’t create a market. They simply allow it to exist. Now, it’s my opinion that cannabis regulations are too onerous. They don’t actually allow for free markets. It’s often unbalanced and stuff. It says to regulate tobacco or cannabis like alcohol. There’s a bill to regulate it like tobacco in New Jersey that’s probably going to get killed.

For me, when I read that quote, that’s what I think, is that there’s too many regulations and it’s not regulated like alcohol is, whatsoever. Is that what people should take away from that quote or did you mean something entirely different?

David Barakett: Well, I could lie to you and tell you that I meant a whole lot of things, but what you’re saying I think is, I think there’s a lot of truth to it. To a degree, yes, I’m alluding to that, but what really I’m saying is just pretty simplistic. When a new territory goes online, and they are all the time, everybody goes bananas, and it’s like they just think that it’s guaranteed success and that’s not the case. There’s a lot of contributing factors and one of which is exactly what you just said. I mean, the fact that they can be over-regulated and overtaxed, those are reasons why that’s not really a great market.

Although we’re legalizing and we have a framework that’s going in place, there’s still a lot of crazy things that are going on out there. To a degree, I think there’s some really good regulators that are trying to figure it out so that they don’t tax us out of the markets. Forget about taxing outside of the market. The fact is is that creates, that doesn’t create the black market. It will let the black market continue to exist and thrive. Yeah, so simply putting an ordinance together isn’t a key component to a successful cannabis market.

What I meant by that, really, I mean, is that there’s more to evaluating markets viability than the mere fact that it’s been legalized in a town near you. There’s a lot of excitement over cannabis and it’s created this mentality that success is given, and that couldn’t be further from the truth. Every day I speak with investors looking to jump in. I try to get people to understand that this is a very serious, highly competitive industry, and it’s not to be just taken lightly.

That’s in essence what the quote means, but I do agree that we’re operating in an imperfect regulatory model that can be very difficult to navigate, and that’s due to the grassroots nature of this movement. Laws were typically enacted at the highest level and the framework is then passed down to smaller governments for them just to follow the rules in place, but due to the unwillingness to reverse prohibition, the onus has been put on local city councils and the city attorneys to enact complex marijuana law.

Like I said earlier, the fear of legalizing cannabis and winding up with reefer madness in your hometown is not something that a lot of them want, so they do regulate it heavily because they don’t want to be the city and they don’t want to be the people that cause something bad to happen in their town, so it’s understandable. We’ve also seen voter-backed initiatives that pass and leave everyone a little bit confused about how to operate or the city on how to regulate because they haven’t really been properly vetted to the degree that most laws would be.

TG Branfalt: It’s not something that regulators are used to dealing with until it’s implemented. I mean, in much of the same way that I’ve spoken to a lot of operators who say it’s really hard to find good people because you don’t have a whole lot of people with experience in the cannabis industry.

David Barakett: Yeah, that’s right. I mean, you don’t. You need to train people. A lot of times, the people with the experience, unless it’s somebody that’s really honed their craft, it’s not always the best choice. But for us, we like to train people. Cannabis knowledge is not a prerequisite. In fact, it’s sometimes, obviously, it’s different for every job. We have all kinds of different jobs in this industry and in our business, and of course if you’re getting a higher level job, then to get cultivation, you have to know about it and you have to be good at it.

But if you’re coming into a dispensary to get a job at ShowGrow, all you’ve got to do is have some personality and have some charisma, and that’s all it boils down to for us. I can teach you about cannabis but I can’t teach charisma. I can’t teach somebody how to smile and chat with people and make lifetime patients out of them. That’s something that a lot of people, they just inherently have.

TG Branfalt: Well, and you come from not the cannabis industry. You come from real estate. What other, with your employees and the people you work with, where else do you see them coming from?

David Barakett: Well, to be perfectly honest, I give a lot of people their first jobs (laughs). A lot of times, the food and beverage industry. It’s one of those things. Everybody kind of has their first jobs, and that’s why, looking at people’s resumes for positions like that is of very little importance to me, going through resumes to find out that you’ve had your first job at a fast food restaurant or on a golf course, wherever. It doesn’t matter really what it’s specific to because it’s not something that is going to have given you all the skills you need to be successful in cannabis.

On the retail side, it really just, it starts with personality. It’s all about personality. It’s all about, it’s how you connect with patients and how comfortable you make people. The cannabis knowledge comes. We build a culture in ShowGrow that is such that it’s a point of pride to know everything about cannabis. I don’t have to teach it in-depth because they want to learn it. They want to be good at their jobs. They want to be able to provide that best service because the girls and guys that work there are competitive with each other, and that’s always been a point of pride in our company and we’ve always really encouraged that.

TG Branfalt: What’s your management style like? You’re a CEO. How closely do you work as far as the day-to-day operations go?

David Barakett: I built the retail side to a large degree with a manager that managed all our facilities, and my partners, and I got out of it for sometime while I was really doing the branding, and actually just recently I got back into it. It’s been a lot of fun. The reason I got back into it was kind of because I missed it. It’s a grind but at the same time I have a lot of people now surrounding me. I have a lot of support. Although it is kind of all-consuming, it’s really like, it’s a really enjoyable experience to work with so many young people and to really see them enjoy what they do.

My management experience or my management style is basically positivity. In a nutshell, if I could use one word, it’s positivity. This is all about culture. Cannabis is all culture, and cannabis consumers are savvy. They’re cool, and they want that to be reflected in the stores they go to. What we’re building here is just this culture where everybody loves coming to work every day. I want you to love coming to work every day.

We have three major focuses and none of them have to do with making money. The first thing and the utmost importance is patients first. We are a customer service driven business. We are all about customer service. We want to give the best customer service. I want those value adds to separate us. That’s what I want people to say about us when they come into our facilities for the first time.

The second thing we do is employees. It’s all about the employees. We take care of the employees. We want them to love where they work. We also want the employees to take care of the employees. We want them to just build those relationships and enjoy themselves. When that happens, what I said earlier about not having to train them on cannabis, you don’t because when they love where they work, they learn it because they want to be there and they know that to be here, you have to, you’ve got to know your job. You’ve got to know your stuff. You’ve got to be good at it because your shift leads have you and your managers have them. They all know all their stuff. That’s the culture that I like to create so that everybody can kind of look around and see that everybody is working together. Everybody loves what they do and everybody thinks cannabis is great, and it should be. I mean, could you imagine working at a cannabis shop and hating what you do? That’s pretty sad. That’s really helped us separate ourselves from the pack.

Then the last thing we do is community. We do community outreach. We want to be a part of every community we’re in. We don’t do it to drive sales. We do it help familiarize people that would typically be familiar with cannabis. We want them to see what we’re all about and who we are, and we’re not bad guys. A lot of the bud tenders go and volunteer or they meet people that are from different charities that we’re working with. We’re changing minds and people see that and they’re like, “Wow, you guys are good people. Imagine that.” Those are our focuses. That’s what we focus on. That’s my management style. I try to really dig deep with all of our employees and give everybody the benefit and chance to succeed, and I have groomed a lot of young employees and I’ve given a lot of young people opportunity where they wouldn’t get it anywhere else, and I know they wouldn’t.

We have managers as young as 24 years old managing facilities that, these are extremely valuable assets that are being managed by young kids, but that’s what, they want it. They want it and they have what it takes to be successful in cannabis now. Does that mean we don’t give them the support system that they need on the back end to succeed? Yeah, of course we do. But on the front lines, boots on the ground, I want all these young kids to succeed and I want them to be a part of it, and I want them to buy in because we’re, this isn’t a company for me. It’s a company for everybody that works for us. They see the growth and they see the opportunity. The upward mobility in our business is massive, and they could see it.

In a lot of jobs in this day and age, you can’t see your opportunities. You can’t see where your job today that’s making you 12 bucks an hour can lead in a few short years if you just grind it out and work hard, keep your head down and in fact actually really like what you do instead of working on an assembly line or doing something but not this that seems to be not what kids today want to be doing anyway, I guess. But, yeah, so that’s it. We’re just trying to give people opportunities and be a part of the community and to take care of our patients.

TG Branfalt: I want to stay on this theme of culture and community, but before we do that, we’ve got to take our last break. I’m TG Branfalt. This is the Ganjapreneur.com podcast.


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TG Branfalt: Hey, welcome back to Ganjapreneur.com podcast. I’m your host, TG Branfalt. I’m here with David Barakett, ShowGrow CEO. Before the break, we were talking about culture, and inevitably, well-funded big business is going to enter the space which a lot of grassroots people who were the fore founder, the founders of everything that exists now, so there’s a lot of fear about well-funded big business getting involved, and many states such as New York and Minnesota, they’re already there operating the medical programs there. What’s your take on this as an operator and how are smaller operators preparing for this inevitability?

David Barakett: Yeah, that’s something that I’ve given a lot of thought to, and I do get asked that question. I’m a pretty firm believer that the cannabis industry is not going to go the way of big business overnight, one, and I don’t really see it going to this kind of generic cannabis mass-produced, widely available model where your kind of boutique product and your craft product, if you will, ceases to exist.

I mean, I don’t know a cannabis consumer that isn’t like super into what it is they’re consuming. If cannabis is just something that kind of falls flat, it’s not that exciting, and I think like in part, consuming cannabis isn’t just about getting high. Even if you’re talking about medicinal, recreational, whatever, whoever it is, if you are, especially if you’re a recreational consumer and a habitual consumer, it’s the ritual. So much of it is the ritual, and it’s your peace. I mean, shit, 420, I mean, it’s just like it is what it is. I just don’t see that type of consumer.

Cannabis consumers are a very, very savvy consumer. That is something that is lost on a lot of people that are not from this space that don’t understand this space. They think that they’re just going to mass produce a bunch of weed and they’re going to thrown on the shelves, and weed is weed, right? It couldn’t be further from the truth. It’s a surefire way to not get anybody to come back.

TG Branfalt: You’ve said a couple of times that cannabis consumers are this real savvy consumer. Why do you think that this is?

David Barakett: Well, I think that kind of falls in to what we were just talking about. It’s that it’s something that they care about. It’s a ritual. It’s an interest. It’s a hobby. Cannabis, it makes people more conscientious. I think that, I don’t think that we need any real in-depth studies to find out that the consumers of cannabis are by and large a more caring people, a more thoughtful people. I think that the stoner stigma that’s associated with cannabis is in part true, but the same is true for everybody that consumes cannabis. Not everybody that is a stoner, stigmatized consumer, is going to not be the same as everybody in a sense that you’re going to have your professionals that consume, and you’re going to have your elderly folks that consume.

The one common thread here is not that they’re all kind of, that they’re straight off half-baked. It’s that they’re kind of just a lot more thoughtful and giving. I think that a lot of that comes with cannabis. When people ask me about the rec market, “Well, medicinal has value, and we know that so we should legalize medicinal, but rec, there’s no good in that. Why should we legalize rec?” I think that that’s so short-sighted because a world where cannabis is available to everybody all the time is going to be a better place. I can guarantee that.

TG Branfalt: You’ve got people too that are self-medicating and they’ve been doing it for years. I’ve said on this podcast several times, I use low dose cannabis products for my anxiety, and had these been available to me when I was much younger, I sometimes wonder, maybe I would have done a little better in college. Maybe I would have done this a little differently or done that a little differently. I think that, in my opinion, medical is great. I mean, all the pro, when I hear Governor LePage out in Maine saying, “Oh, well, we’ve got to get rid of medical marijuana now that we’re going to have a recreational market,” that’s absurd. That’s an absurd thing to me. But at the same time, you do have some people who don’t meet the state criteria who are using it for anxiety, using low doses. To your point that there is more to recreational than people who just want to go get stoned.

David Barakett: Oh, yeah. I mean, yeah, definitely, definitely. It’s a well-documented fact that cannabis abuse in youth, in the undeveloped brain, can cause harm. That’s something that has been studied and documented and proven because it can slow brain development. But there is zero negative impact that has been proven for adult use. I think the social benefits of it are just massive, especially if you’re comparing it to what the risks are because the risks are nil. It could only better, right? I mean, you’re not causing harm.

Of course, people have to be responsible. There’s no doubt that there’s a responsibility component to it, but that’s something that comes with the territory, too. I think that also, and this isn’t true for everyone but I see cannabis consumers that are responsible, and I think that has something to do with being thoughtful and kind of, and being more caring and all that kind of stuff that comes with getting high actually.

TG Branfalt: We’re running a bit long here, but I do want to get your opinion as an owner, as an operator, on the Trump administration and specifically the opinions of Jeff Sessions as they relate to cannabis. Are you guys worried?

David Barakett: I just, I try not to focus on the things I can’t control. I do everything that is inside of my control. The fact of the matter is, is that this is a very big business. It’s not going away. I don’t think that really it’s something that they’re going to spend their bandwidth on doing. It would be an incredibly unpopular thing to do. Typically, when public support is on the side of cannabis, that’s where it’ll ultimately land. I know in this day and age, people are questioning whether majorities matter, but in this particular case, I don’t know if this is necessarily on the forefront and at the top of the list of things they want to get to.

TG Branfalt: For you, the sky is not falling.

David Barakett: No, man. The sky is never falling. It’s all good. It’s all good. I know a lot of people are freaking out. Cool, they freak out, but for us, I’m just going to keep my head down and just keep working and doing the right thing. I’d be nervous too if I thought I was not doing the right thing. But I can open up the doors to my business any time and show anybody what it is we do and how we do it. If you could take a look at what we do at ShowGrow, we are proud of what we do. The reason that we built a model like that and the reason we do that is because we are breaking down barriers, we are changing minds.

I’ve been doing that as long as I’ve been in this industry and I’ve seen the most vehemently opposed change their minds when they come to our facilities because how could you hate this? It’s not doing anything to harm you and all of these young kids that are working here, they’re not monsters. We have beautiful, well-built out, well-lit, secure facilities. We pay our taxes. We participate in the community. We give back a lot.

Those are the things I can control. I can’t control anything else, so I guess I just, I don’t want to waste time worrying about stuff that I can’t control. I want to worry about just building a great business, and we’ll see. This isn’t the first time there’s been adversity in this industry.

TG Branfalt: It was built on adversity.

David Barakett: Exactly.

TG Branfalt: My final question is, what advice do you have for entrepreneurs looking to enter the cannabis space?

David Barakett: I guess what I would say is that you’ve got to work hard. It’s just like there is nothing given in this industry. It is all hard work. It’s unrelenting perseverance because you are going to get kicked, not once, probably two or three times. It is unrelenting. You will get knocked down. In cannabis, you get knocked down even in the best of situations, and that’s not to say that, that’s not like an ultra-negative thing, don’t get into the industry. It’s just that, again, I go back to this thing. We are breaking down barriers. We are changing minds. There are still a lot of foolish people that don’t want to believe their eyes when they see a product that cures people and they still rally against us.

That, to me, is really, that’s the biggest component to it. Now, honestly, that’s kind of the fun part too, though. You’ve got to understand that we’re educating people on a plant that’s truly amazing, and that’s rewarding, that’s rewarding for everybody that’s involved. The other bit of advice I would give people is if you’re getting in for monetary gain, and that’s your only motivation to enter, I’d tell you that don’t bother because if you’re not a true believer in what this plant can do, you have very little chance of succeeding right now.

It’s inevitable that at some point this industry will become such that it’s like every other industry, and like you said earlier, there will be that kind of mass-produced corporate weed that’s commoditized and fluctuates with the markets, and then there will be an opportunity if money is your only goal. But there’s more than enough to go around in this industry. If you’re really, if you’re touching people’s lives with cannabis and you’re affecting real social change in the community, to me, it’s inevitable that that leads to a great deal of success. That’s success, that’s happiness, and that’s in your business life and that’s in your personal life. Cannabis is great (laughs).

TG Branfalt: Well, I really want to thank you for coming on our show today. It’s rare that we get an opportunity to really speak to somebody who is in a management position, CEO of a dispensary. I talk to a lot of policy people and people of that nature, so this is, for me, this is one of the first conversations that I’ve been able to have on this show to cover the sort of topics that we discussed, so thank you so much for appearing on our show. Would you like to just tell everyone how they can find out more about your dispensaries, where they’re located, before we go?

David Barakett: Yeah, absolutely. You can just go to ShowGrow.com. We’ve got a location in downtown L.A., off San Pedro and the 10, or the 10 and San Pedro, I should say. We’re in Santa Ana. We’re on Saint Gertrude Street. You’ll find us on Weed Maps for all our locations. Go to ShowGrow.com, you can check out the shops and pictures to kind of see what we’re all about. Then we’re down in Ramona. Ramona is a San Diego county, just a cool little spot out in the countryside. It’s really awesome. We’re going with the small town, and it’s got a small town vibe, and all of the bud tenders that work there, they know everybody in town, everyone knows them, and it’s a trip, but it’s really cool. We’ve become a part of that community to a degree and everybody is loving it. That’s a cool project. Then Vegas. We’re up near the Summerlin area off of the 215 and Tropicana.

We aim to be the top customer service brand, the top value-added brand. We don’t want people to come into our stores to simply get the rock bottom basement product and price and then mass quantities. We’re an experience. We’re a store that when people come to us, we want them to think like, “Oh, cool. This is my kind of vibe. This is my kind of spot.” You get excited about coming back to see the girls and everybody knows you by name. That’s what we’re about. That’s how we built our business and that’s how we’ve enjoyed our success. Yeah, we’re just going to keep rocking. We have a number of new locations coming too, so stay tuned. We’ve got seven coming in 2017.

TG Branfalt: That’s exciting news. We’ll be in touch when they start rolling the map, but thanks again for joining us on today’s episode.

David Barakett: All right. Thank you very much.

TG Branfalt: You can find more episodes of the Ganjapreneur.com podcast in the podcast section of Ganjapreneur.com and the Apple iTunes Store. On the Ganjapreneur.com website, 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 Jeremy Sebastiano. I’ve been your host, TG Branfalt.

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Australia’s Cannabis Stocks Outperforming Peers Worldwide

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Shares of companies involved in the cannabis space have gained more than 130 percent in Australia stock markets this year – six times higher than their peers in Canada and the U.S., according to a Bloomberg report. The boon comes after the Australian government announced they would begin implementing a medical cannabis importation system and access program.

In Australia, cannabis industry operators have an average market capitalization of A$80 million (~USD$61 million) – counting the 136 percent increase this year, according to a Bloomberg index. By comparison, that index shows the global cannabis market returns at about 20 percent.

Niv Dagan, an executive director as Peak Asset Management, said he has a fraction of his A$100 million (USD$76 million) fund invested in cannabis stocks.

“The market is excited by the potential upside it could bring,” Dagan said in the report. “The key risk we see is obviously regulatory risk.”

Currently, only Queensland allows medical specialists to prescribe cannabis to patients who do not respond to conventional therapies. Earlier this month the Department of Health’s Office of Drug Control granted its first license to grow and harvest medical cannabis to Victoria-based Cannoperations Pty Ltd.

According to the report, The Hydroponics Co. Ltd, an Australian lighting rig and greenhouse manufacturer specializing in cannabis plants, is raising money for its initial public offering next month. The A$8 million share sale is already three times oversubscribed.

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Several cannabis plants shortly after being cut down for harvesting.

Ohio MMJ Requirements for University Testing Could Cause Delays

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Ohio’s medical cannabis proposal requires public universities to conduct product tests, which could delay the program due to equipment costs, and application and operation fees, according to a Cincinnati Enquirer report. Under the plan, private laboratories are barred from testing medical cannabis for one year, the testing application fee is $2,000, and the operation fee is $18,000.

According to Jeffery Raber, CEO of The Werc Shop, which performs cannabis testing in Oregon, Washington, and California, equipment costs could reach as much as $1 million. At universities, budgets often rely on grants from government programs.

Rob Ryan, executive director of the Ohio Patient Network, said that without testing “there is no program.”

Spokespeople from the University of Cincinnati, Ohio State University, Cleveland State University, and Kent State University all told The Enquirer that they have no plans to conduct the testing. Advocates are concerned that with so little interest from state universities there would not be enough labs in the state to meet the demand.

“There are too many unknowns to rely exclusively on learning institutions,” Chris Lindsey, senior legislative counsel for the Marijuana Policy Project, said in the report. “Private labs are in better positions to respond.”

State Rep. Kirk Schuring, one of the authors of the medical cannabis law, said he believes the institutions “will step up.”

“If it becomes a problem, we’ll correct it, but I don’t think it will,” he said.

The rules for the program must be finalized by Sept. 8.

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The state flag of Illinois flying on a clear day.

Adult-Use Bills Introduced in Illinois

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Democratic lawmakers in Illinois have introduced legislation to legalize adult cannabis use, which would set up a taxed and regulated system. The measure (SB.316) is sponsored in the Senate by Appropriations Committee Chairwoman Heather Steans and in the House by Rep. Kelly Cassidy.

In a press release, Cassidy indicated that wholesale sales would be taxed $50 per-ounce under the proposal and there would be a 6.25 percent sales tax levied at the point of sale. The Marijuana Policy Project estimates that the revenues derived from the legal cannabis industry could generate between $349 million and $699 million annually for the state.

“Marijuana prohibition is a quagmire that creates far more problems than it prevents,” Cassidy said in a statement. “Several states have adopted sensible alternatives to prohibition, and it is time for Illinois to develop its own exit strategy. Regulating marijuana and removing the criminal element from marijuana production and sales will make our communities safer.”

Steans called cannabis prohibition “a financial hole in the ground” that the state “should stop throwing taxpayer dollars into.”

“Right now, all the money being spent on marijuana is going into the pockets of criminals and cartels,” she said. “In a regulated system, the money would go into the cash registers of licensed, taxpaying businesses. It would generate hundreds of millions of dollars per year in new revenue for our state.”

The House version has been assigned to the Appropriations-Public Safety Committee, which Cassidy chairs. It must pass through that committee before moving to the floor for a full vote.

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Skyscrapers in downtown Los Angeles, California.

Los Angeles Creates Cannabis Licensing Commission

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The City Council of Los Angeles, California has approved the creation of a Cannabis Licensing Commission which will be tasked with regulating the city’s legal adult-use cannabis industry, according to an LAist report. The approval comes after voters passed Measure M during the primary election earlier this month which gives the city the power to establish regulations for the medical and recreational cannabis markets.

The five-member commission will be comprised of Los Angeles residents, two appointed by the City Council and three by the mayor – one of which must be an elected neighborhood council member. No member is allowed to have been a registered lobbyist with the city for any cannabis-related activities in the year preceding the appointment.

According to the report, yesterday’s vote directs the City Attorney to draft an ordinance outlining the committee’s creation, which will need to be approved by the City Council.

“We’re really pleased that they’ve created the commission,” Sarah Armstrong, director of industry affairs for Americans for Safe Access, said in the report. “I think it will work better for the city to have this distinct commission, rather than tasking already overburdened agencies with a huge new program.”

The voter-approved initiative passed last November takes effect Jan. 1, 2018.      

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Detroit skyline with the MacArthur bridge leading to Belle Isle and Detroit Boat Club in the foreground. Photo taken from Belle Isle fishing pier.

Mich. Advocates Release Adult-Use Draft Proposal for 2018

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The Michigan Coalition to Regulate Marijuana Like Alcohol has released the latest draft of the cannabis legalization initiative the group hopes to put to voters in November 2018. The proposal would legalize cannabis possession and use for adults 21 and older, impose wholesale and sales taxes, and provides people convicted of a non-violent cannabis crime a path to clear their criminal record.

Under the measure, adults would be allowed to possess 2.5 ounces of cannabis and 15 grams of concentrates and grow up to 12 plants in a residence for personal use. Individuals with criminal convictions would be able to petition for redesignation or expungement of their violation as if the new law were on the books at the time of the sentencing.

The proposal provides licenses for retailers, testing facilities, transporters, processors, and microbusinesses, along with licenses for three cultivation classes. Class A licenses would authorize cultivation of up to 100 plants; class B would allow up to 500 plants, and class C would authorize up to 2,000 plants. Growers would be taxed $20 per dry-weight ounce of flower and $6.75 per dry-weight ounce of leaves. Municipalities would be allowed to limit or ban any or all cannabis business operations.

The law would create a Marihuana Regulation Fund in the state Treasury for taxes and fees derived from the legal industry which would be used for implementation, administration, and enforcement of the law until 2020 – then at least $20 million from the fund would be provided to Food and Drug Administration-approved clinical trials aimed at researching the efficacy of cannabis in treating medical conditions of U.S. Armed Services veterans. Following all appropriations, any excess funds would be distributed to municipalities and counties hosting cannabis establishments and to community colleges.

Last year, the ballot initiative to legalize adult cannabis use in Michigan was defeated by the Board of State Canvassers who ruled 137,000 signatures were over 180 days old, “stale,” causing the ballot drive to fall 106,000 signatures short.

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A cup of cannabis nugs is on display in the Chalice Farms dispensary in Portland, Oregon.

Taxes for Cannabis Businesses: Strategies for Mitigating Section 280E

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Editor’s note: This is the second installment of a three-part series about cannabis taxes and the tax hurdles faced by marijuana business owners. This article contains hypotheses that haven’t yet been proven by case law; we highly recommend consulting your accountant before adapting any of these theoretical strategies.

If you haven’t yet, check out Part 1 before reading further. Stay tuned for Part 3, coming next week!

In the first part of this series, I introduced Section 280E and various Tax Court Cases that have left the door open for mitigating your tax liability as a cannabis business owner.

One way to alleviate federal taxation is through cost of goods sold (COGS). According to the Tax Court:

“Taxpayer trafficking in controlled substance determines COGS by using applicable inventory-costing regulations under Code Section 471 as they existed when Section 280E was enacted. And IRS Examination or Appeals may change to inventory method for that controlled substance when the taxpayer currently deducts otherwise inventoriable costs from gross income.”

What that means is that instead of using the favorable way to calculate COGS in Section 471, we must go back to 1982, when Section 280E was enacted. Van Pickerill & Sons Inc. v. United States stated that when the use of inventories is necessary to determine the income of a taxpayer, the taxpayer must use the best accounting practice to determine the amount of income (Section 471(a)).

Photo Credit: Carlos Gracia

Despite the use of the word “best,” multiple accounting methods may satisfy the best accounting practice requirement for any given business. The court and the IRS are caught between what is legal under state law, when the exact same thing is illegal under federal law.

In Jason R. Beck v. Commissioner, the Tax Court ruled that although the COGS were deductible to marijuana businesses, the cost of marijuana seized by federal authorities could not go into the calculation of COGS. Even though marijuana is legal in a state, federal government law enforcement agencies can raid legal state marijuana facilities, and, in the Beck case, the court said these amounts are not deductible.

Right now, many CPAs and EAs are loathe to sign a tax return that respects a non-trafficking trade or business. There was a famous paper written for accountants which concluded that the tax law makes it difficult to establish a second trade or business and therefore creates a challenge in treating that business as non-trafficking for purposes of IRC § 280E.

Appearing to follow the Tax Court’s lead in Olive, the paper used a multi-factor analysis from the Trupp case applying the rules of IRC § 183 (relating to hobby losses) to the question. The paper did not, however, consider accounting method cases under IRC § 446, which also address the issue and are likely in some instances to be more favorable to the taxpayer.

Added to that is the misinformation spread a few years ago that people like me, when helping those in the cannabis industry, are in danger of losing their license for aiding and abetting a drug dealer.

Common Section 280 strategies

As I mentioned in my first article, the first approach derived from Californians Helping to Alleviate Medical Problems, Inc. (CHAMP) v. Commissioner. In this Tax Court Case, the California-based marijuana dispensary provided marijuana to its patients, but also provided non-cannabis services, including counseling and caregiving services for its patients. This allowed the company to fully deduct the expenses associated with those practices.

A common and basic strategy for a dispensary is to offer another service alongside its dispensary. You then allocate expenses between the dispensary and the other activity.  However, what was learned in the Olive v. Commissioner case is that you simply cannot throw two things together and say that they are separate businesses under one roof.

I have heard of a strategy whereby a dispensary would sell cannabis and also sell hats and t-shirts. The allocation of the expenses were 80 percent t-shirts and hats, to 20 percent dispensary. But, unlike that sort of arrangement, you need a business that compliments a dispensary. For instance, medical cannabis and caregiving go together. Recreational marijuana and food go together. Then you have to make sure you are not allocating so much more on the non-cannabis side of the business that it ceases to make sense — then the question would arise: why do you have a dispensary at all?

Photo Credit: Phil Roeder

Another way to look at it

Before going further, I want to mention that this idea does need some work and should not be considered bulletproof.

If you are in the medical cannabis industry, why not charge a monthly fee for caregiving services commensurate with the patient’s diagnosis? You could offer different packages like Silver, Gold, and Platinum. If the patient is prescribed a potent and more expensive strain of cannabis, you simply charge them more for the caregiving. The cannabis you just give away alongside the caregiving services.

Before you think that I’ve lost my mind, stay with me. You are providing caregiving services as a way to deduct your business expenses. What does the patient want most of the time? They just want the cannabis. So, you enter into a contract with the patient that says you will provide these caregiving services, charge them a fee, and give them the cannabis for no charge.

Will the patients take part in the caregiving services? Some will, but for this to work, you would have to make a requirement that the patient attend so many appointments to get their cannabis. They can simply do a certain thing every month when they come to pick up their supply and that would fulfill the contract.

What do you need to employ this method? A good accountant that understands the strategy, an attorney that can write the caregiving contracts, and an attorney/accountant team that can offer ongoing consulting services.

If we go back to the successful CHAMP Tax Court Case, this was their basic concept, but I tweaked it a little bit. They were charging for both the cannabis and the caregiving expenses. You are charging more for caregiving expenses than what would cover the price of the cannabis, but you are effectively giving away the cannabis. Conceivably, you are no longer stymied by Section 280E because you aren’t selling an illegal Schedule I drug; you are selling caregiving expenses and just giving away the cannabis.

You would still have to have a license as a dispensary. That wouldn’t change. However, depending on how your state has written the cannabis laws, this strategy may get you out of the oppressive state taxes on cannabis. Remember that you aren’t selling it. You are offering a caregiving service that may or may not include free cannabis.

NOTE: there is NO case law that supports this. This is simply one person looking at caregiving, cannabis, and other therapies from a holistic medicine approach.

Will you be audited?

Any strategy you employ to avoid Section 280E will open you up to scrutiny by the IRS. You need good professional help in employing the strategies listed in this article.

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A prison chain-link fence.

Harsh Sentencing Laws in Ala. Imprisoning Non-Violent Offenders for Life

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According to figures from the Alabama Sentencing Commission, as of Oct. 17, 2016 more than 80 percent of the state’s 220 prisoners convicted of first-degree cannabis possession – defined as more than 1 kilo or 2.2 pounds – are black. That figure is wholly disproportionate to the state’s population, which according to U.S. Census Bureau data from July 2015 is 27 percent black and 69.5 percent is white.

In Alabama, harsh sentencing laws for repeat offenders and drug traffickers lead to life sentences, according to a report from AL.com. Richard Bolden was convicted in February 2015 of trafficking cannabis after police found him in possession of 2.4 pounds of cannabis – slightly above the state’s kilo threshold and cause for the trafficking charge. Although prosecutors could not prove he actually sold the drug, he was sentenced to life, despite the fact his criminal record contained no violence. Without that extra weight, Bolden would have been sentenced to 10 years.

“All over the United States they are legalizing the use of marijuana while here in Alabama people are being convicted to life sentences,” Bolden wrote in a 2016, jailhouse letter to AL.com. “My charge should have been reduced to possession but because the prosecutor knew he could give me a life sentence because of my one prior [Class A] conviction out of the state of Florida he pursued my case viciously.”

According to the report, police built a case based on “constructive possession” – meaning drugs were found in his home and deemed to be his – but Bolden maintains that the search was conducted illegally. In 2015, Alabama Criminal Court of Appeals Judge J. Elizabeth Kellum denied his appeal that the search was improper. Her colleague Judge Samuel Henry Welch dissented in the opinion, concluding that “the warrant was so lacking in probable cause ‘as to [as] render official belief in its existence entirely unreasonable.’”

“[T]he affidavit overwhelmingly presents only [Dothan Police] Officer Mock’s pure speculation that illegal drugs were probably in the trailer on Eddins Road at the time the warrant was issued,” Welch wrote in his opinion.

Alabama Supreme Court Justice Roy Moore – who is currently serving a suspension for telling probate judges to defy federal gay marriage orders – has also spoken out against the state’s sentencing laws, urging the legislature “to revisit that statutory sentencing scheme to determine whether it serves an appropriate purpose.”

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The advent of the legalized cannabis industry has driven up industrial real estate prices.

Cannabis Industry in Sonoma County, Calif. Boon for Industrial Properties

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The industrial real estate market in Sonoma County, California is in a boom period thanks, in part, to the legal cannabis industry, according to a North Bay Business Journal report. Prices of industrial properties used for cannabis rose from full asking price or more in 2016, reaching 20 to 25 percent premiums above non-cannabis buildings; and that premium has risen to 50 percent so far this year.

One of the more notable transactions last year – and the largest – involved a 150,000-square-foot six-building deal to CannaCraft for nearly three times the previous price less than a year prior.

At year-end in 2016, the vacancy rate in the market was 5.8 percent which was unchanged from year-end 2015 figures; however the rate fell to 5 percent in the third-quarter of the year – representing a stable market.

Although most building owners have loans secured through a federally insured bank, the deals still come with a considerable amount of risk as cannabis remains a Schedule 1 narcotic under federal law – and the feds could seize the property if they decide to enforce those laws.

According to the report, Sonoma County is considering a proposal to move the cannabis industry indoors and away from rural-residential zones, which would only increase the demand for industrial properties located in cannabis-approved zones.

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The purple glow of LED lights inside of a licensed Washington cannabis cultivation site.

Steep Hill Announces Partnership with iCAN Israel, Plans R&D Lab

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Steep Hill Labs will bring its talents to Israel, announcing that the company has entered into a joint venture with iCAN: Israel-Cannabis. The partnership will see Steep Hill open an analytical, genetic, and research and development lab in Israel to further cannabis research.

“We believe that Israel is the epicenter of cannabis research and development,” Steep Hill CEO Jmichaele Keller said in a press release. “We look forward to its role in leading the evolution of medical cannabis worldwide.”

The announcement was made at Israel’s medical cannabis conference CannaTech, during which Steep Hill also announced their Xcerpa technology that allows long-term storage of cannabis DNA. The technology “impregnates” a card with a cannabis DNA sample that allows it to be legally transported globally. The technology will allow researchers in both the U.S. and Israel to access and research the genetic information contained on the cards.

“We’re doing more research in Israel than anywhere else. We have destigmatized cannabis and we have a medical approach to cannabis,” Saul Kayem co-founder of iCAN said during his remarks at the conference. “We’re seeing medicalization and we’re seeing reform happening quicker than anywhere else. It might take two years, it might take five years, but it will happen.”

Steep Hill opened the first commercial cannabis lab in the U.S. in 2008 and was named by Wealth Daily as one of the top 5 legal cannabis companies to watch this year.

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The State Capitol Building of Ohio in Columbus, Ohio.

Ohio Proposes Regulating Medical Cannabis by THC Weight

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Most medical cannabis states dispense their cannabis flower and extracts according to total weight in each transaction. Edibles and topicals often have THC content listed, but like flowers and extracts, supplies are based on total weight or volume. Ohio, who recently passed a full plant medical cannabis bill via the legislative process, is proposing to dispense all cannabis products using a THC weight approach, in which they set a maximum amount of THC allowed over a 90-day period.

In a fact sheet released by the Ohio Department of Pharmacy, the agency seeks to clarify the definition of a 90-day supply of various forms of medical cannabis by proposing to regulate THC across delivery methods, similar to Morphine. Using 30 studies and 90-day supply limits from other states as reviewed by an expert panel, regulators set the 90-day supply of THC at 45 grams — that’s 45 grams of THC, not flower, for a patient’s entire regiment of flower, oils, edibles, and topicals.

Under the rules, plant material is divided into two tiers. Tier one cannabis flower ranges from 0-23% THC content and patients would be allowed to purchase up to 6 ounces of it every 90 days. Those seeking tier two cannabis, with a THC content of 23.1-35%, are allowed up to four ounces per 90-day time period. Citing flower and oil bioavailability ratios as 1 to 1, extracts would be dispensed within the same 45-gram threshold. Due to their greater bioavailability, officials set the limit for edible THC at 9 grams and topicals at 19.8 grams.

Dr. Jahan Marcu, Chief Science Officer for Americans for Safe Access, is not so sure about the new system. “The two-tier system appears to be using faulty lab results,” Dr. Marcu said.

Naturally, this is an immediate red flag. “Most cannabis doesn’t test much higher than 25%, so putting an entire tier from 23.1% to 35% is suspect,” Dr. Marcu said. “In order for the system to work, Ohio must use valid lab results — which is not an easy task when testing cannabis. We’ll have to wait and see if this works since it’s not been tried before.”

“It’s hard to regulate a Schedule 1 narcotic like cannabis similar to a Schedule 2 narcotic like Morphine,” concluded Dr. Marcu. “We’d welcome Ohio into the effort to reschedule cannabis.”

End


An amateur cannabis smoker lights a hand-rolled joint.

Teen Cannabis Use is Not Up Since Legalization in Wash.

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Teen cannabis use in Washington State since adult-use legalization is not on the rise, remaining mostly stable but still less frequent than teenage alcohol use, according to data from the state Department of Health.

The 2016 Washington State Healthy Use Survey of over 230,000 students found minimal declines for some high school populations. Self-reported cannabis use within the last 30 days among eighth-graders fell from 8 percent in 2014 to 6 percent last year; 17 percent of 10th graders students reported using cannabis within the last 30 days, down slightly from 18 percent in 2014 and on par with the lowest survey figures reported in 2004; and cannabis use among 12th-graders fell 2 percent from 28 percent in 2014 to 26 percent last year.

Twenty-seven percent of 10th-graders indicated that cannabis was “very easy” to obtain in 2016, down 5 percent from two years prior. The survey found that nearly 40 percent of high school seniors had “very easy” access to cannabis; and while the number of students reporting they get it from friends decreased from 63 percent in 2014 to 57 percent last year, the number of students who reported giving money to someone else to purchase it increased 16 percent to 19 percent from 2014 to 2016.

The report notes that the declining perceived risk of cannabis use among 8th-graders – 53 percent in 2016 and 48 percent in 2016 – should be “carefully monitored,” adding that “decreases in perceived risk are often followed by increased use.”

Comparatively, 8 percent of 8th-graders, 20 percent of 10th-graders, and 32 percent of high school seniors reported using alcohol within the last 30 days.

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The Swiss flag flies somewhere in the mountains of Switzerland.

Switzerland’s Legal 1% THC Cannabis Market Gaining Popularity

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Switzerland’s market for legal cannabis with just 1 percent THC is taking off as producers are having trouble keeping up with demand and the number of registered retailers has grown significantly in the last year, according to a report from Reuters. A spokesman for Switzerland’s Customs Agency, responsible for taxing the products, indicated they expect about $25 million in revenue on legal sales of about $100 million this year.

“It started gradually last year, and then suddenly things went crazy in December 2016 and in 2017,” the spokesperson said in the report.

KannaSwiss, a low-THC cannabis wholesaler, has quadrupled its staff to 20 since last year but co-founder Corso Serra di Cassano said the company is still having trouble keeping up with orders.

“You feel like you should be high, because you have a body high, but your mind is completely clear,” di Cassano said in the report, describing the high produced by the low-potency products. “We’re really seeing the boom in the last month or two.”

Although the products contain a small amount of THC some from the medical community are still concerned that there could be health risks, and police often still confiscate cannabis because they can’t be sure whether the product contains the legal amount of THC.

Barbara Broers, vice-president of the Swiss Society of Addiction Medicine, said growers could be using pest control chemicals.

“We don’t know what is in it,” she said. “There are inadequate checks of really what is in the substance.”

Switzerland began to allow the sale of the low-THC cannabis in 2011.

End


Inside of a licensed cannabis operation in California.

Cannabis Taxes: Introduction to Marijuana Taxation

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Editor’s note: This article is the first installment of a three-part series; stay tuned for Parts 2 and 3 in the coming days!

Following the 2016 elections, marijuana is now legal in some capacity in 28 states. However, even though it’s legal in certain states, the federal government considers the drug an illegal Schedule I narcotic. Resultingly, business owners in the marijuana industry have hit a wall with IRC §280E, which states:

“No deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business (or the activities which comprise such trade or business) consists of trafficking in controlled substances (within the meaning of Schedule I and II of the Controlled Substances Act) which is prohibited by Federal law or the law of any State in which such trade or business is conducted.”

IRC §280E will no longer apply to cannabis businesses if and when cannabis is no longer classified as a Schedule I or Schedule II controlled substance.

When IRC §280E was enacted in 1982 to overturn the result in the Tax Court case Jeffrey Edmondson v. Commissioner, it held that the taxpayer, who was engaged in an illegal drug dealing business, was entitled to deductions for “telephone, auto, and rental expenses” that he incurred in his business. The Senate report makes clear that IRC §280E was intended to overturn the decision in Edmondson and deny deductions to illegal drug dealing businesses. However, for Constitutional reasons, Congress did not attempt to prevent taxpayers from using cost of goods sold (COGS) to compute gross income. Thus, IRC §280E denies all deductions from gross income in computing taxable income, but illegal drug dealing businesses are permitted to take COGS into account in computing gross income.

Avoiding the pitfalls of Section 280E

In 2007, there was a U.S. Tax Court Case that involved Section 280E. There was a dispensary operating as both a dispensary of cannabis and a caregiving facility. The Court found that the dispensary operated with a dual purpose. Its primary purpose was to provide caregiving services to its members, while its secondary purpose was to provide its members with cannabis. Thus creating “two businesses under one roof.” The Court then proceeded to allocate the expenses between the two businesses, which lead to a commonly used strategy today of allocating various expenses among dispensary use and the act of caregiving.

However, in another Tax Court Case, the Court held that the owner of a medical cannabis dispensary was not entitled to any business deductions for expenses associated with caregiving services that were provided alongside the cannabis business. In 2004, the Vapor Room Herbal Center opened in California. In addition to selling medical marijuana, the dispensary provided vaporizers, games, books, and art supplies for customers to use and also held regular activities, such as yoga classes, massages, and movie showings — all free of charge.

The IRS audited the Vapor Room’s tax return and concluded that the taxpayer was not allowed to deduct expenses in connection with COGS or the other reported business expenses. The case ended up in Tax Court. While admitting that a business can have multiple activities that are taxed differently, the Tax Court found that the Vapor Room’s sale of medical marijuana was inseparable from the other services provided.

The case ended up in Appeals Court. Judge Graber, who wrote for the three-judge panel, affirmed the Tax Court’s decision. First, to determine whether the Vapor Room’s ordinary and necessary business expenses would be tax deductible under §280E, the court considered whether the Vapor Room was a “trade or business” that “consisted of” trafficking marijuana. Taking these contested phrases in turn, the court stated that “the test for determining whether an activity constitutes a ‘trade or business’ is ‘whether the activity was entered into with the dominant hope and intent of realizing a profit. Applying this test, the court found that the only “trade or business” of the Vapor Room consisted of the selling of medical marijuana, because although the Vapor Room provided other services — such as food, drink, movies, and counseling — the selling of medical marijuana was the only income-generating activity of the business.

The IRS has weighed in on the matter and has concluded that although marijuana-related businesses are permitted to determine COGS, they must do so using Section 280E, as it was enacted in 1982, and Section 471, which allows the use of inventories to determine business income. When §280E was enacted in 1982, an ‘inventoriable cost’ referred to any costs that could be capitalized to inventories under §471.

To capitalize something simply refers to the manner in which something is expensed. Capitalization simply means delaying the recognition of an expense by treating the item as a fixed asset rather than recognizing the cost in the period that it was incurred. Capitalization is generally only used by companies that operate on the accrual basis of accounting.

In addition, the IRS concluded that cannabis businesses are not permitted to calculate COGS using the more recent IRS regulations which can be found in Section 263A, which permitted the inclusion of additional expenses, namely purchasing, handling and storage expenses, and service costs.

This has set up a dichotomy. For resellers, the costs that they normally incur in the purchase of cannabis may not be deducted as COGS under the rules of Section 280E. These costs are directly related to the trafficking of cannabis. This means that only the actual invoice price of the cannabis is deductible. Not including the transportation costs and other costs that are normally associated with gaining possession of inventory.

A freshly trimmed nug of cannabis. Photo Credit: Cannabis Pictures

For cannabis production businesses, like growers, there are significantly more opportunities to claim items as COGS. Production-related wages, rents, and repair can be considered as COGS upon the sale of the inventory for accrual-basis taxpayers and immediately for cash-basis taxpayers that are cannabis-production businesses. However, marketing and general business expenses remain nondeductible.

Indirect production costs that may be considered as COGS include:

  • Repair expenses;
  • Maintenance;
  • Utilities;
  • Rent;
  • Indirect labor and production supervisory wages, including basic compensation, overtime pay, vacation and holiday pay, sick leave pay (other than payments pursuant to a wage continuation plan under section 105(d)), shift differential, payroll taxes, and contributions to a supplemental unemployment benefit plan;
  • Indirect materials and supplies;
  • Tools and equipment not capitalized; and
  • Costs of quality control and inspection.

The IRS has also permitted producers to claim some additional COGS deductions, as long as the company makes sure to produce financial statements that are in accordance with Generally Accepted Accounting Principles (GAAP). GAAP is basically the accrual method of accounting whereby income is recognized when earned and expenses when incurred.

These expenses include:

  • Taxes deductible under §164, other than state, local, and foreign income taxes;
  • Depreciation and depletion;
  • Deductible employee benefits, including pension and certain profit-sharing contributions, workers’ compensation expenses, stock bonus plans, premiums on life and health insurance, and miscellaneous employee benefits such as safety, medical treatment, cafeteria, recreational facilities, and membership dues;
  • Costs pertaining to strikes, rework labor, scrap, and spoilage;
  • Administrative expenses related to production;
  • Officers’ salaries related to production; and
  • Insurance costs related to production.

What are the effects of Section 280E?

The effect of 280E is that those in a legal cannabis business are reporting that they have up to a 70 percent tax liability. Let’s say that you own a regular business, and you have $1 million in sales, you have $600,000 in COGS, $100,000 in salaries, $50,000 in rent, and $200,000 in other business expenses. The result would be that you would have to pay taxes on $50,000. If the tax rate was 30 percent then the taxes owed would be $15,000.

If this were a cannabis business, you would be paying taxes on $400,000 ($1 million minus the COGS at $600,000) and would not be able to deduct anything else. If you were in the 30 percent tax bracket, you would pay $120,000 in taxes. That is a $105,000 shift for a company operating in the cannabis industry

As you can see, taxation for the cannabis industry is a complete mess. In the next installments of this series, we will discuss strategies to get around Section 280E, the challenges of the banking system, and how to run an all-cash business.

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Two SWAT team members preparing to breach a door during a training exercise.

At Least 20 SWAT Raids Since 2010 Involving Cannabis Have Led to Deaths

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According to data compiled by the New York Timesat least 20 SWAT raids since 2010 that involved suspected cannabis dealers have resulted in the death of the suspect or a police officer participating in the raid, the Washington Post reports.

According to the figures, four police officers were killed intentionally or otherwise while conducting a SWAT raid for cannabis, and at least three suspects who were killed possessed fewer than 5 grams at the time of the raid.

A Tampa, Florida raid in 2014 left the suspect, 29-year-old Jason Westcott, dead after police said they observed him with a firearm – although no shots were fired at police. In that case officers found .2 grams of cannabis. Two years later, another Tampa man, 22-year-old Levonia Riggins, was shot and killed in his bed by police during a raid that uncovered 2 grams of cannabis on his person. No other cannabis was found in the home and Riggins was unarmed.

In 2010, Las Vegas, Nevada police raided the home of 21-year-old Trevon Cole after undercover officers purchased 1.8 ounces of cannabis from him over four deals. In that case, Bryan Yant, the detective, used false information – that of another suspect – to acquire a warrant for the raid from a judge. Cole was shot by police as he was flushing cannabis down the toilet. Police found neither weapons in his home, nor any cannabis beyond “bits…floating in the toilet.”

In 2013, a Somerville, Texas raid on the home of Henry Magee left police investigator Frederich Sowers dead. Officers were investigating a tip from a criminal informant about a 12-plant grow when they kicked in Magee’s door who fired in their direction with a semi-automatic rifle believing he was being robbed. In that case Magee was acquitted of capital murder, with one juror asking the Times, “Why in the world would you do a full-out assault on a guy growing pot?”

Of the 65 deadly raids since 2010, 24 were for non-drug crimes, while 41 were for the suspected sale of drugs other than cannabis.

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A "Welcome to Utah" sign alongside the highway in the Southwest plains.

Utah Advocates Prepping for 2018 Ballot Push for MMJ Expansion

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Advocates in Utah are gearing up for a push to put a comprehensive medical cannabis question to voters in 2018 after state lawmakers failed to pass any reforms to the state’s limited regime during the legislative session, according to a Fox 13 report. The efforts will be led by Together for Responsible Use and Cannabis Education (TRUCE) who expects the initiative process to cost millions.

“We’re looking at $600,000 to $800,000 just for the signature-gathering portion of this,” Christine Stenquist, TRUCE organizer, said in the report, adding that polling in the state favors a more robust medical cannabis program. “Then there’s the other million-and-a-half that’s going to be advertising and making sure we get the message out.”

Stenquist said the group is “answering a demand” and that their plan would allow for whole plant use that would include smoking and edibles.

“The legislators have failed so the people are taking this up,” she said. “This is a movement by the people, for the people, without a doubt.”

State Rep. Brad Daw indicated he plans on introducing comprehensive medical cannabis legislation next session and expressed concern that if the initiative is too broadly worded voters would reject it.

“I’m always concerned with ballot initiatives because this is something we have done a lot of negotiating with a lot of different stakeholders,” Daw, a Republican, said. “It’s kind of a bill that requires a lot of feedback from a lot of people you can’t get with an initiative.”

Gov. Gary Herbert has indicated support for expanding the state’s medical cannabis program but prefers to see it passed through the legislature.

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Jodie Emery, one of the principals at Cannabis Culture.

Jodie Emery Forced to Divest from Cannabis Culture Following Release

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Jodie Emery is being forced to completely divest from Cannabis Culture following her release from custody after being arrested earlier this month for drug offenses including trafficking, according to a Vancouver Sun report. Her bail conditions include removing herself from “any business dealings with Cannabis Culture locations” but Canada’s “Princess of Pot” has vowed to keep fighting.

“I will fight this, I will not stop being an activist. You know, I was too busy with work to be an activist, and now, well, take away the business, and you’ve made a monster out of me,” she said in the report. “There are many other people supplying cannabis in much larger amounts. But for us, everybody knows, it’s a very political persecution. I’m more fired up than ever.”

Emery, whose husband Marc was also jailed in the raids, has until Friday to remove her name from all Cannabis Culture bank accounts and end her directorship of the company. The day-to-day operations will be turned over to longtime employees. Emery has served as a director of the company since 2010 when Marc was extradited to the U.S. to serve a four-year jail term in connection with his mail-order cannabis seeds business.

As part of her release, Emery is ordered not to consume any unlawful substances, including cannabis, except with a valid prescription – which she said she is hopeful of receiving this week.

The couples’ next court appearance is April 21.

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Panorama view from on top of the Toronto-Dominion Center in Winnipeg, Manitoba, Canada.

Manitoba, Canada Preparing for Cannabis Legalization with Road Safety Rules

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The Manitoba, Canada government is preparing for federal cannabis legalization with legislation focusing on public safety and harm reduction, according to a MyToba report. The proposal aims to tackle potential problems such as transporting cannabis and driving while under the influence.

The new rules would create an offense for consuming cannabis in a vehicle that is on a highway and allow for 24-hour driver’s license suspensions if a police officer determines that a driver is unable to safely operate a motor vehicle due to drug intoxication. The Registrar of Motor Vehicles would be allowed to determine if the offender should be subject to further consequences. Similar rules would be established for individuals driving off-road vehicles.

Additionally, the proposal would require that cannabis is stored and transported by individuals in an inaccessible and secure compartment – such as the vehicle’s trunk. The same rules currently apply to open liquor containers.

“This legislation would be an early step by our government to target drug-impaired driving and prioritize the health and safety of Manitoba youth,” Justice Minister Heather Stefanson said in the report. “As the federal government moves to legalize cannabis, our government is focused on the safety and health of all Manitobans.”

Canada’s government is expected to announce legalization plans this spring, however full legalization is not expected until 2019.

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Craig Brand: Fighting to Prevent a Big Pharma Cannabis Monopoly

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Craig Brand, Esq. is a founding partner of Ganja Law P.L.L.C. and Ganja Law Consulting, LLC, a global cannabis legal and consulting firm. Having served as a defense attorney in Miami for decades, he is all too familiar with the DEA and their approach to federal drug policy enforcement. Craig has witnessed firsthand the political imprisonment of people who were arrested for nonviolent cannabis crimes. “People going to jail because of a plant,” as he puts it.

As an Advisory Board Member of the National Hemp Association and a believer in an inclusive, free market for the cannabis industry, Craig has recently dedicated his career to strategically opposing efforts by the federal government, large pharmaceutical companies, big alcohol, and other big business interests seeking to seize control of the current medical & recreational cannabis markets. In this interview, Craig reveals what these special interests are likely planning, how his firm is fighting back, and what cannabis entrepreneurs should expect to see as the battle between the states, private entrepreneurs and the federal government plays out.


What do you think is the biggest threat to the cannabis industry as it has developed in states with medical and recreational programs?

By far the largest threat to the cannabis industry are those who stand to financially lose from the fastest-growing segment of our current economy. Within this classification, the pharmaceutical industry yields the greatest danger as they are preparing to obtain federal patents and FDA approval for “new” medicines that utilize natural or synthetic cannabis plant molecules and compounds. Ganja Law is obtaining ongoing reports of industrial, pharmaceutical and agricultural giants gearing up in an attempt to federally patent ways, manners, methods of cultivation, extraction and even strains and varieties of the cannabis plant itself. The fear is that these powerhouse entities will actually be able to obtain patents on products belonging to Mother Nature herself, uprooting the industry as we know it. Ganja Law has ideas and legal strategies to help combat these monopolies and asks that the private sector heed this warning with preemptive action.

How concerned should cannabis entrepreneurs be about the Monsanto-Bayer merger?

Any time Monsanto is mentioned it is deserving of a shudder. Should Monsanto obtain patents or FDA approvals on strains of cannabis and should pharmaceutical industry giants such as Bayer obtain FDA approval on cannabis medicines, a monopoly could form concerning the licensing and growing of cannabis, in whole or in part. The biggest irony is that cannabis’s classification as a Schedule I drug is providing the present industry with the greatest of protection from those looking to control the market. The cannabis industry should only be attempting to reclassify cannabis if legislatively there are safeguards in place to allow for the continuation of the free, licensed, legal market. A downward departure of the Controlled Substance Act, without preemptive safeguards, could allow certain political power houses with large lobbies to take over everything from manufacturing, delivery and dispensing — oligopolies of the politically connected. In other words, a lawfully structured and legally permitted mafia that makes large campaign contributions.

What do you make of the Trump Administration’s comments thus far about medical vs. recreational cannabis?

One would have reasonably thought that the current administration had much more pressing concerns and priorities than to dismantle the cannabis industry as we now know it. One would also hope that this administration will not villianize cannabis when history and science have proven this plant’s benefits and that the real reasons for its rescheduling status was because of political corruptness and the influence of wealthy individuals who stood to lose from a competing US hemp market.

It doesn’t take much presumption to recognize that should this administration dismantle the legal, free market, it will be undoing all that has been gained in the “war against drugs and cartels.” This administration would be creating the largest spiteful black market in history; a black market that will not be purchasing its cannabis from CVS or Walgreens.

The people of this great country hav voted for their states to provide them with a safe, effective and intelligent way for obtaining medical and/or adult use cannabis while creating a taxable market place shared by entrepreneurs alike. This administration ran on a States’ Rights platform, a reduction of Federal intrusion, the weakening of oligopolies, and jobs. Should these promises not be honored, Ganja Law stands ready, able and willing to employ all legal and lawful entitlements available; helping states as well as the private sector.

Do you think Big Pharma and Big Alcohol might be working together to win favors from the Trump administration?

I would like to see them oppose each other: Battle Of The 400 Pound Gorillas. However, the two stand everything to gain by dismantling the cannabis industry, as the pharmaceutical and the alcohol industries have reported losses allegedly due to the cannabis industry. To oppose the current cannabis industry would demonstrate that industries such as alcohol and pill pushing cannot stand square in the face of competition and would rather interrupt the will of the people than find acceptable ways to compete. With options, the people are choosing a natural product they happen to like and believe in more than pills and alcohol–no wonder, given that pills and alcohol are proven to destroy our liver, cause overdoses and toxicology illnesses, lead to depression, sickness, blood and stomach disorders, addictions, organ damage and even death.

Isn’t the very essence of capitalism allowing consumers to have options, thus spawning greater competition, better quality products and lower pricing? It certainly is not to allow big business to control the entire gratification market-place or commandeer Mother Nature. In the 1920’s the FBI and administration outlawed alcohol as the root of all evils. During the prohibition era, cannabis was a legal and thriving alternative to alcohol. When America was suffering from the financial depression of the 1920s, Congress repealed the alcohol prohibition and the FBI needed a new enemy in order to justify its existence and jobs. Cannabis became the new enemy, a product that had been praised and included within the US pharmacology index. However, cannabis did not have a lobby nor an association committed to political contributions and power struggles. This is the same plant that our flag was sewn from, the sails that brought the first ships to America were made of, the drafts of the Declaration of Independence were written on, and some of America’s greatest minds use and utilize while creating jobs for Americans. Yes, even Steve Jobs was reported to have been an avid endorser of cannabis while creating the Apple Computer — which created U.S. jobs.

With all of the current publicly-available data, any attack made on the private and lawful cannabis market by the government or another industry would be asinine, and would be seen as nothing short of a conspiracy.

I will throw this out there: should the alcohol industry find ways to work with the cannabis space, think of the synergy! The synergy and ideas would be amazing. The merger of ideologies, development and sales by and between the alcohol industry and the cannabis sector would be a beloved blend of all that is good and all that is bad, but in a controlled, “safer,” economically stimulating and taxable market-place.

With the current momentum behind legalization around the globe, can the federal government of the US exert as much control as it once did when it comes to drug policy?

No it cannot. In fact, as Ganja Law consults outside of the US we are seeing first hand how other countries have changed their views about cannabis, have decriminalized its use, and are recognizing its medical and medicinal properties. Much of the world has woken up, learned the truth about cannabis, been shown the real behind-the-scenes reasons for the criminalization of cannabis and hemp, and has recognized the business and tax advantages of allowing the present industry, as a whole, and the jobs and small businesses thereby created. At Ganja Law we can help identify lawful, global projects, partners, and positions.

What countries outside the US are you currently consulting clients in, and where do you currently see the biggest opportunities related to cannabis — both for entrepreneurs to pursue business opportunities, as well as to challenge the status quo on global drug policy?

Outside of the USA, we are consulting throughout the Caribbean, parts of Western Europe and just began for clients in Australia. Our consulting extends into hydroponic research and food production as well as molecular harvesting such as terrapins and flavonoids for use in mixtures and extractions.

Do you think that the industrial hemp market’s versatility — providing not only medicine but also textiles & fibers, biofuels, building materials, etc. — will help lead to an open market in terms of CBD medicine?

No, quite the opposite. I believe that the multiple-use potential of hemp creates a favorable patent argument for Big Pharma or other powerhouse companies such as Monsanto. Don’t get me wrong, I’m not saying that I can’t beat them, but the battle will be more difficult.

Already we have seen Big Pharma pushing their agenda and attempting to take control over the CBD market. Kansas is passing legislation that would require CBD products to be dispensed by a pharmacy and manufactured only by FDA approval, meaning through Big Pharma. We at Ganja Law have already been preparing for this fight and will stand against anyone attempting to control the CBD, CBG and even the THC market place. We are anti-monopoly and fully support a free market, especially when it comes to the entrepreneurs who, through grassroots activism and persistence, were able to open these markets in the first place. It was not big business that opened this industry, but all of those idealists who went to jail for a plant and for your freedom of growth and use. It is so hypocritical for politicans and attorney generals to drink their drink, take their pills but not support a medicall, culturally and medicinally beneficial, organic plant that has roots in this country as deep as the Native American Peace Pipe and even deeper when reading the Bible and deciphering its related language and passages. Approximately 10,000 years ago, hemp was the first-ever industrious, human planted crop.

What should cannabis industry activists and lobbyists be focusing their efforts on right now?

Keeping the Federal Government away from the regulated State industry and not declassifying cannabis as a Schedule I drug. Or, should any declassification or decertification occur, to legislate this in such a way that the industry as a whole can enjoy and partake in, rather than taking it away from us. Big Pharma, the alcohol industry, the tobacco industry, lobbyists, and those with alternative or personal interests have been regular opponents of the cannabis industry until the people spoke out and the cause proved true. The saying is “if you can’t beat them, join them.” These special interests would seek to change this saying to read, “If you can’t beat them, take it away from them.”

Is there any hope for the current state markets if the federal government teams up with these special interests?

It is not all doom and gloom; in fact, the opposite. More states are coming online with cannabis acceptance and business development. States are increasing licenses, have eased on regulations, and have been consistently developing compliance program awareness that is not only practical but reasonable. A greater amount of ancillary businesses have entered the market with their technology, software, regulatory help and guidance. The states that have already enacted positive legislation and/or constitutional reform have been consistently broadening their laws, regulations and practices so as to allow the cannabis industry more freedom to positively evolve within their communities. Many states have begun a practice of decriminalizing or downgrading actions involving cannabis. Younger or wiser legislators are showing their willingness and eagerness to help their constituents and economies with cannabis reform. The hemp industry has taken off and a great political awareness has arisen distinguishing cannabis (THC) from hemp with little to no THC. The CBD market is blossoming with great promise on the horizon. The extraction industry has skyrocketed. Cannabis continues to ding the alcohol industry demonstrating cannabis as the growing preference. The medical community has shown increased support for cannabis and its applicability. Medical studies, research and development continue to show great promise. Medicare spending has been diminished, saving the taxpayers and the federal government millions of dollars, due to non-covererd cannabis purchases by patients who choose the plant over covered opioids and other pharmaceutical pills.

In all, Ganja Law & Ganja Consultants see and believe in this industry and those that have made it happen. There is certainly a growing process, complete with growth pains, but then again, what business and what industry doesn’t have those issues. It is an exciting time, a wonderful industry and history in the making. Work to improve the industry and note that the challenges we face continue to make our business practices better, safer and wiser. Ganja Law and its consultants stand ready, willing and able to help your legal and lawful endeavors in this exciting industry. Stay compliant, friends!


Thank you for joining us, Craig! To learn more about Ganja Law, you can visit their website, or connect with them via Facebook and Twitter.

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