A calculator and pair of reading glasses sitting on top of paperwork.

Cannabis Packaging Company Files Chapter 11 in Colorado

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High Supply, a Denver-based cannabis packaging company, has filed for Chapter 11 bankruptcy as the result of “severe financial stress” caused by “theft and corporate espionage by former employees,” according to its CEO Paul Lufkin, as reported by the Business Den.

Lufkin is currently embroiled in a lawsuit against a former co-owner of the company and other employees, claiming the cohort tried to start another packaging firm in violation of a non-compete agreement.   

Through their lawyer, Tobin Kern, the former co-owners and employees contend that the bankruptcy is the result of the High Supply’s new owners’ “own poor customer service and decision-making since the sale was completed.”

In the bankruptcy filing, the company outlined debts of $245,000.

Lufkin, along with investors from Green Leaf Acquisitions purchased High Supply from founders Justin Walker and Aaron Israel last year for $400,000 including stock. Walker remained president of the company while continuing to run his printing business, Pressroom 2.0. As part of the sale, Walker signed the non-compete clause.

About a year later, Walker and Israel claimed that they had not been paid for their ownership stake in full, and in February 2016 Pressroom 2.0 sued High Supply alleging that the owners locked them out of the shared space used for the printing business operations.

Green Leaf countered, claiming that Walker and several employees conspired “to establish new competing operations” in Denver — in violation of the non-compete clause.

In that case, a Denver County District Court barred Walker from owning or working at any packaging firm that supplies cannabis companies. Walker was allowed to continue running Pressroom 2.0 under the condition that High Supply be its only cannabis packaging client. Additionally, the judge ordered Green Leaf to pay the former co-owners $150,000 in stock under the original sale agreement.

In a court filing, Kern argued that Green Leaf could not “stretch” Walker’s non-compete order to include other individuals and marijuana packaging business’ names in the suit. He says that Walker is complying with the terms of the agreement and the former employees are not subject to non-compete agreements.

This is at least the second time Lufkin has filed bankruptcy for a company. In 2012 Lufkin purchased e-payment company eFusion, which filed for bankruptcy a year later due to claims that the former owners plundered the company’s profits for themselves.  

This is also not the first time he has been locked in litigation with former associates. In 2005, he purchased a majority stake in eCashFlow Systems, a Denver-based e-checking business. Lufkin was subsequently sued by its founder, who claimed he was never paid his full equity shares by Lufkin. Investors also sued, claiming Lufkin had mismanaged company funds.            

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The cola, or top-most nug, of a medicinal cannabis plant.

Illinois MMJ Sales Reach Nearly $4M in Sept.

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Medical marijuana sales in Illinois topped more than $3.8 million in September, bringing the total of cannabis sales to $23.5 million since the program was launched in November last year, according to a report from the Associated Press.

Under the program, 11,100 patients are registered to buy medical cannabis in the state; 85 of which are teenagers and children. There are now 44 licensed dispensaries in the state.

As the program expands, other Illinois patients are seeking to gain access to medical cannabis in the state, and seven lawsuits have been filed to expand the list of qualifying conditions.

In June, lawmakers chose to extend the pilot program until 2020 and added post-traumatic stress disorder and terminal illness to the qualifying conditions list. The following month, Cook County Circuit Court Judge Rita Novak ordered the Department of Public Health to reconsider adding migraines to the list after Health Director Nirav Shah overturned a vote by the Cannabis Advisory Board to add the condition. Last month, Novak’s colleague, Judge Neil Cohen, ordered Shah to allow post-operative pain as a qualifying condition.

In July, Republican Gov. Bruce Rauner signed legislation to decriminalize possession of small amounts of cannabis. According to the Chicago Tribune report, the law also expunges records for some marijuana-related offenses twice a year.

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Brandon Cassens, founder of My Urban Greenhouse.

Brandon Cassens: Bringing Home Grow Options to Urbanites

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Brandon Cassens is Founder of My Urban Greenhouse — an urban gardening solution for folks who lack the yard space typically needed for a personal garden, but who still want to take advantage of cannabis home-growing laws in Oregon, Colorado, and other normalized states. My Urban Greenhouse manufactures automated, hydroponic growing systems and ships them around the U.S.

In the following interview, we speak with Brandon about how he has kept the hydroponic growing process sustainable, the differences between targeting consumer vs. commercial cultivators, what My Urban Greenhouse has planned to scale into the future, and other interesting topics.

Keep scrolling down to read the full interview!


Ganjapreneur: Could you describe how My Urban Greenhouse originally came about?

Brandon Cassens: My Urban Greenhouse started in 2011 with the concept of sustainable, urban farming. Steven, Andrew, and I were excited by the huge potential for indoor plant cultivation. We built a robust indoor recirculating aquaponics system with flood and drain grow beds, raft systems, and traditional HID lighting. The high electric cost of running that indoor system with HID lighting resulted in the building of a 640 square foot aquaponics greenhouse. In the process of these builds, we experimented with every variation of hydroponics and did extensive research on energy efficient LED lighting solutions. When cannabis laws started changing in Oregon, we utilized our experience developing hydroponic systems to produce the HomeGro system.

What type of grow systems does the company provide? Which is your most popular product?

My Urban Greenhouse systems are automated, hydroponic growing systems that include everything a person needs to get growing. Designed for indoor growing, our smallest system is only 2ft wide, 2ft deep and 4ft tall. It’s a perfect solution for urban dwellers with limited space. All of our systems include energy efficient LED Lighting with a customized spectrum specifically for the cannabis plant. Our LED lights will grow all plants successfully, but the cannabis plant requires unusually high levels of the red spectrum to produce high quality flower. This is the reason our lights have one switch for vegetative growth that provides a full spectrum of light and a second switch for the bloom/flowering stage that pumps a huge amount of additional red light on to the plants.

Our most popular product is the HomeGro. The HomeGro requires 10 minutes of maintenance per week, costs less than $10 per month in electricity, and will easily provide new growers with more than 1 ounce of dried flower per month. We have had experienced growers producing over 16 ounces in a 3 month grow cycle. The HomeGro footprint is 2ft deep, 4ft wide and 7ft tall so it still easily fits against a wall indoors.

How does My Urban Greenhouse work to offset the potentially negative environmental effects from an indoor grow op?

The largest impacts of an indoor grow operation on the environment are high levels of water and energy consumption. We developed all of our systems with sustainability in mind. We only utilize recirculating hydroponic systems which reduce water consumption by 90% compared to traditional agriculture. Our LED lighting solutions reduce electrical energy consumption by up to 70%. These LED lights use less energy to provide the same amount of light to the plants. They also produce very little heat which reduces the need for energy consuming fans and air conditioning units that are required when using traditional HID lighting. By minimizing the required water and electric inputs, we provide an environmentally conscious way for home growers to produce their own herb.

Have you experienced any pushback from law enforcement or regulators?

No, we have not had any negative experience with regulators. Our systems allow people to start growing with only 2 plants, which is under the 4 plant limitation set in Oregon. We want people to stay within the regulations and I’d hope that law enforcement would appreciate the products we’re bringing to citizens that allow them to do just that.

How many employees does My Urban Greenhouse have?

My Urban Greenhouse currently has 4 full time employees: The 3 founders/owners (Steven, Andrew, and Brandon) and our newly hired sales person Camden. We’re expecting to generate enough sales to grow our team to 10 employees over the next 12 months.

Have the products you offer today changed from the products you offered shortly after the company’s launch? If so, how?

Great question. The answer is a big YES here. Our product at the time of launch was a $1500 version of the HomeGro system we sell today. It included a complicated metal structure with telescoping legs that allowed the light to be raised as the plants grew. It also included an off the shelf LED grow light that we were purchasing as retail. Our consumer interactions in the first month gave us critical feedback on the direction we needed to go with our products. We focused on two critical areas: Cost reduction and LED Lighting. The HomeGro evolved to include our own line of LED lights and the cost was reduced to $995. People also expressed the desire to grow the full 4 plants they’re legally allowed to grow in Oregon. That resulted in the development of a Sea Of Green style system that allows for a truncated growth of 4 plants. The SOG unit provides more frequent harvests and a smaller footprint that is perfect for apartments and other small living spaces. We’ve even had a customer living in an RV purchase an SOG unit that fit right in their closet!

How far can you ship your products? Is there much out-of-state demand for your products?

We currently ship our products anywhere in the U.S. However, it will cost a bit more if you live in Alaska or Hawaii. We’ve seen a big increase in out of state orders recently. I would say Alaska is definitely our biggest out of state market, but we receive regular inquiries from states in the Midwest and East coast.

What inspired you to focus on indoor cultivation at the consumer level, as opposed to commercial growing?

Over the years, we’ve spent a fair amount of time in our local hydroponics shops. When the laws in Oregon established a 4 plant limit per household, we recognized that most hydroponic systems currently being sold were built to grow 6 or more plants. There weren’t off the shelf options for people that just wanted to grow 2 or 4 plants at home. We saw this gap as an opportunity for us to provide systems that comply with Oregon recreational laws. We’re always developing new products and have solutions available now that will address the larger medical and commercial system needs.

What would you say is the biggest obstacle so far that you have faced while building up My Urban Greenhouse?

I’d say our initial focus on consumer level grow systems created a huge challenge in reaching that consumer base. Building awareness for our brand and what we stand for is a constant task that requires time, energy and funding. It’s tough, as a startup company, to get in front of thousands of individuals that are interested in our products. We’ve found some great media partners with Dope and NW Leaf magazines. But we’re still spending as many weekends as possible attending cannabis industry shows like THC Fair and Indo Expo to build brand awareness and attain valuable face to face interactions with the public.

What’s the next step for you in terms of scaling up the company?

Right now we’re focusing our efforts on expanding our distribution network. Sales through our showroom, online store and exposure at the fairs has been great to get started, but we’re ready for volume and we’re seeking hydroponic shops and other industry partners to help get our products in the consumers hands.

If you could give one piece of advice to someone considering joining the cannabis space, what would it be?

Growing cannabis is not the only way to prosper in this industry. Traditional services such as packaging, marketing, accounting, and web design are just a few of the products/services finding a home in the cannabis space. Think about the skills you already have and how they could apply to this exciting new industry.


Thank you, Brandon, for answering our questions about your entrepreneurial journey. If you have more questions for Brandon, or would like to learn more about My Urban Greenhouse, you can reach out through the company’s website at MyUrbanGreenhouse.com.

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Danish MMJ Activist Faces 10 Years in Prison for Selling Cannabis

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A Danish activist is facing up to 10 years in prison for supplying cannabis to other Danes suffering from serious medical conditions, according to a report from The Local. Currently, there is no medical cannabis program in the Scandinavian nation.

Claus “Moffe” Nielsen has been outspoken about providing the drug to his clients — who he said suffer from such ailments as cancer, fibromyalgia, and sclerosis — and knew that one day he might be arrested for it.

“It should be laboratory technicians, chemists and doctors who do it under controlled conditions,” he said in the report. “I’m no trained expert but I have some principles and I stand by them.”

Nielson pleaded guilty during his initial appearance in court. His wife, who was also charged, denied any guilt. According to the couple’s lawyer, Erbil Kaya, Nielsen “hasn’t hidden” what he does and knows it was illegal, noting that there is a documentary being filmed about him and he has nothing to hide.

“But he hasn’t done it to make money and be a criminal mastermind,” Kaya said. “He has done it in broad daylight and been open and honest about it.”

Danish voters largely support medical cannabis use — with one Gallup poll showing as much as 88 percent support. Last month, the Region of Southern Denmark’s Board of Health agreed to move forward on a plan to seek funding for a medical cannabis program, and Health Minister Sophie Løhde is considering a four-year national trial program. However, the country’s three largest parties – the Social Democrats, Venstre, and the Danish People’s Party — remain opposed to medical marijuana.

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View down an Oakland city street.

Oakland’s Equity Cannabis Licensing Plan Could Scuttle Legal Industry

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The cannabis licensing plan in Oakland, California — which would see half of the city’s permits go to individuals jailed for marijuana convictions in the last 10 years, or to those who have lived in one of six police beats with high concentrations of marijuana arrests — could go up in smoke because state law permits the denial of those very same individuals, according to a San Francisco Chronicle report.

The equity permit program, passed unanimously by the City Council in May, was designed as a form of reparations for the war on drugs; now, however, four of the eight council members are proposing changing the program and a Modesto-based attorney contends that it’s unconstitutional to begin with.  

Under the plan, equity applicants must own at least a 50 percent stake in the business seeking a city permit, but companies need permits from both the city and the state. State regulators can deny licenses to people who have committed a crime related to the business they are looking to enter.

Laurel Goddard, spokesperson for the Bureau of Medical Cannabis Regulation, said the body would review all applications on a case-by-case basis, but indicated that their rules do permit for denials based on felony convictions related to cannabis.

The lead author of the Medical Marijuana Regulation and Safety Act, Assemblyman Rob Bonta, said he could “definitely see” a permit being issued by the city of Oakland but not by the Cannabis Bureau.

“It’s one thing to be permissive and say, ‘Hey, a felony won’t count against you because we don’t want to carry forward wrongs of the past,’” Bonta said in the report. “It’s another to say, affirmatively, that you’re going to get something because you had a felony conviction.”

It’s that affirmation that could cause legal problems, according to Naresh Channaveerappa, a lawyer that represents canna-businesses.

“Anyone who is harmed by this preferential treatment has legal ground to challenge it,” he said.

Other critics argue that few people will qualify under the equity program, leaving the city with just half of the number of dispensaries that would be permitted without the equity rules.

Terryn Buxton, a cannabis industry consultant and member of the city’s Cannabis Regulation Commission, says that licensing programs in other cities that use past convictions as a “barrier to entry” are unfair, but the rules must be inclusive.

“Whether you’re a street dealer or you run a farm in Humboldt, you shouldn’t be frozen out,” he said.     

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Maryland MMJ Commission Meets with Legislative Black Caucus over Licensing Process

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Maryland’s Legislative Black Caucus has met privately with members of the Maryland Medical Cannabis Commission, after meeting with Gov. Larry Hogan last month, to discuss their method for awarding the state’s 15 preliminary medical cannabis cultivation and processing licenses, Fox45-WBFF reports.

The meeting is the latest in the saga of Maryland’s medical cannabis program rollout, which is marred by lawsuits and claims of favoritism.

Much like the lawsuit plaintiffs, members of the Black Caucus are claiming the commission broke their own rules in awarding the lucrative licenses.

“The language was in the law that says that the commission shall actively seek racial, ethnic and geographic diversity,” Baltimore City Delegate Cheryl Glenn said in the report. “They didn’t do either.”

In defending the commission’s decision to grant licenses to two companies initially ranked outside of the top 15, Commissioner Buddy Robshaw cited the “geographic diversity” requirement contained in the law. The re-ranking allowed a license to be granted to Holistic Industries, who counts the son-in-law of a powerful Annapolis lobbyist among its equity investors. Holistic also paid the lobbyist, Gerald Evans, $90,000 from November 2015 through April 2016.   

However, when the commission shuffled the rankings, they did not move any minority-owned businesses into the top 15, fueling the claims that the commission failed to meet the racial and ethnic diversity requirements outlined in the law.

“Understanding the fact that you have several lawsuits that have been filed based on your flawed process, and as the Legislative Black Caucus of Maryland, we’ve gone through two hours where everybody collectively expressed their own outrage at different factors,” Glenn said.

After the meeting, Robshaw said the commission is “committed” to working with the legislature to come up with a solution. The Caucus has asked the licensing process be suspended until the situation is remedied.  

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Picture looking across a valley at Pinnacle Mountain near Palmer, Alaska.

Cannabis Ban Defeated in Alaska’s Cultivation Capital

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An attempt to outlaw commercial cannabis operations in Alaska’s Matanuska-Susitna Borough — the state’s biggest marijuana cultivation hotspot, located north of Anchorage — has been rejected by voters, the Alaska Dispatch News reports.

Higher-than-expected voter turnout helped defeat the measure, opponents said. Proponents said they had expected turnout to range from 9 percent to 13 percent; however, early indictors show 23 percent showed up at the polls. Last year, 14 percent turned out for the regional elections in October.

“We’re celebrating,” Tel White, a Wasilla business owner who created M Thunderfund Inc. to oppose local cannabis bans, said in the report “I’m surprised. I feel a lot of gratitude for all the people that worked on this campaign. I think we’re all really happy about the voter turnout for the Mat-Su Borough.”

The ban would have outlawed cultivation, testing, retail sales, and the production of edibles; while allowing for industrial hemp. The anti-campaign had collected nearly 2,000 signatures to get the initiative on the ballot but did little to no campaigning for their position.

Voters in the region also approved a 5 percent sales tax on retail cannabis sales, providing a 3 percent exemption for cities that already have a cannabis sales tax in place. Voters in the city of Fairbanks and the Fairbanks North Star Borough also approved marijuana taxes in their own elections.    

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Gold coins in stacks next to a line graph.

New Data Shows Double Digit Growth in Legal Cannabis Industry

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According to a new report from Convergex, dispensaries in Colorado and Washington posted double-digit growth from 2015 and Oregon retail sales in June and July reached $42 million, compared to the $102 million seen all last year.

Colorado dispensary sales reached $458.7 million through July — just $100 million from the total cannabis sales from all of last year, CSP Daily News, a convenience store trade publication, reports, outlining the data.

Washington has already surpassed its 2015 total of $357.6 million in 2016, reporting revenues of $415.8 million from January through August — during which a new sales record of $130 million in sales was reported by the state Liquor and Cannabis Board. However, Washington’s medical program was decimated by the passage of the recreational measure.

Oregon dispensaries began selling recreational cannabis in October, but the state reports the industry is responsible for $33.5 million in taxes from January through July – and the revenues are only expected to climb as more dispensary licenses are awarded in the state; another 26 are expected by Saturday, according to a report from CPA Practice Advisor.

In Colorado, where a sales record was set in July, retailers are facing falling wholesale and retail prices, forcing them to employ discounting tactics — which is partially to blame for the retail falloff.

Ancillary industries, such as hydroponics and security businesses, are also seeing upticks in revenues. In the Practice Advisor report, the owner of an Oregon company specializing in security for canna-businesses says his business has quadrupled since last year.

According to an Arcview Market Research and New Frontier analysis, if the nine states voting on marijuana ballot initiatives pass their proposals, it could be worth $7.8 billion to the national economy by 2020.

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Indoor commercial grow filled with plants in the pre-flowering stage.

Growers’ Opinions of Prop 64 Mixed Month Before Vote

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Some California growers are opposing Proposition 64, the Adult Use of Marijuana Act, over fears that the measure will cause too much red tape and onerous oversight, with some saying the required regulatory inspection are akin to warrantless searches, according to a report from Reuters.

Hezekiah Allen, director of the California Growers Association and a third-generation cannabis farmer from Northern California, worries that the regulations outlined in the proposal welcomes big business, which could wipe out independent and small farms.

“I don’t want to replace a criminal injustice with an economic injustice,” Allen said in the report.

In a recent poll of the 750 farmers, distributors, and retailers who are members of the association, 31 percent supported the initiative, 31 percent were opposed – and the majority, 38 percent, was undecided. The split vote forced the group to formally take a neutral stance on the measure.

Steve Dodge, CEO of the Humboldt Growers Collective, said that the law “is setting up the state for failure.”

“We are asking farmers to come out from behind the curtain, but not providing the assurances they need,” he said.

Another trade group, the Humboldt Sun Growers Guild, is split over the measure due to concerns that it will make the industry vulnerable to big agriculture and open them to increased taxes and harsher penalties.

Stephen Dillion, a guild member, said the split is largely due to their desire to have illegal growers, who often fail to respect the environment, punished. Such grows reportedly drain creeks for irrigation and pour pesticide-spiked runoff back into the water supply. He said that while the law would revoke the licenses of any bad actors, the environmental regulations outlined in the initiative could cost $20,000 to $100,000 per farm to meet.

Another guild member, Chrystal Ortiz, said she supports AUMA because it erases most prior marijuana convictions and reduces the majority of criminal penalties which primarily affect “black and brown underprivileged people.”

According to our poll aggregate, 61 percent of Californians approve of Prop 64, while 36 percent are opposed.     

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Large, cured cannabis nug lying on its side.

Pro-Legalization Campaigns Release First Ads in New England

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Pro-legalization television commercials for the campaigns in Massachusetts and Maine hit the airwaves yesterday, according to a report by Reuters. The commercials are a sign that opponents and proponents are gearing up for a contentious run up to the general election in November.

Both ads feature ex-law enforcement officers but take different approaches in their appeal to voters.

In the ad running in Massachusetts, former Boston Police Department Officer and current Merrimack College criminal justice professor Tom Nolan, outlines how the measure takes steps to protect children from accidental ingestion and bars advertising aimed at young populations. He says legalization will be an economic boon to the state and provides funding for education.

“It will tax and regulate marijuana for adults 21-and-over, bringing millions in revenue for schools and law enforcement,” he says in the spot.

The commercial is the start of a $650,000 ad campaign paid for by the Yes on 4 campaign; whose top contributors include the Marijuana Policy Project, New Approach PAC, 4Front Ventures, Happy Valley Ventures, and author Rick Steves.

The 30-second spot in Maine features current state Rep. Mark Dion, who is also a 32-year law enforcement veteran. In the ad, Dion says that legalizing cannabis would free up police resources to investigate violent crimes.

https://www.youtube.com/watch?v=jKI6GFfl1M4

“In Maine there were over 1,700 citations given to adults for marijuana — that takes time — time better spent solving murders, sexual assault cases, finding missing children,” he says. “The system is broken.”

The group behind the ad, The Campaign to Regulate Marijuana Like Alcohol, has budgeted $1 million for their media blitz.

In both states, the campaigns are facing opposition from powerful lawmakers, including Boston Mayor Marty Walsh and Gov. Charlie Baker in Massachusetts, and Gov. Paul LePage in Maine.

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Old building in Annapolis, Maryland.

Company Approved for Maryland MMJ License Has Family Ties to Top Lobbyist

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One of the companies initially ranked outside of the top 15 rankings for a preliminary cultivation license by the Maryland Medical Cannabis Commission that was awarded a license is represented by top Annapolis lobbyist Gerard E. Evans and counts his son-in-law Richard Polansky among its equity investors, the Baltimore Sun reports.

Holistic Industries was awarded the contract despite its initial low-ranking after the commission reconsidered an earlier vote and removed two companies ranked higher on “geographical diversity” grounds. The decision sparked a lawsuit by GTI Maryland and Maryland Cultivation and Processing — two companies who ranked within the top 15 but were pushed out by the commission vote.

Evans claims neither he nor his daughter Hayley Evans, Polansky’s wife who is registered as a Holistic lobbyist, lobbied any of the commissioners or their staff. The patriarch said he only monitored legislation and helped prepare the company’s application, adding that his daughter only registered as a lobbyist for Holistic out of “an abundance of caution.” Mr. Evans billed Holistic $90,000 from November 2015 through April 2016, according to State Ethics Commission filings. Mrs. Evans did not report any earnings from Holistic.

“It was a great opportunity for [Polansky] and he took it,” Mr. Evans said in the report. “He’s a businessman on his own.”

In a statement, MMCC Chairman Dr. Paul Davies said it would be “unacceptable for any commissioner to have ex parte discussions” with associated of potential licensees, “particularly discussions that could provide unfair guidance or an advantage.” Commissioners also signed sworn affidavits promising that they would not discuss any of the information contained in the applications during their review, under penalty of perjury.

“Safeguarding the objectivity of the Commission’s application process is always a priority,” he said.    

The Legislative Black Caucus is also seeking a review of the licensing process due to the lack of minority and women-owned businesses approved by the body.       

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Reviewing the 2016 Los Angeles CWCB Expo

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The cannabis industry continues to progress towards a greater sense of sophistication as demand increases for quality control and smart regulations. As this happens, there will be new opportunities for ancillary industries to provide hand-in-hand support to both the medical and recreational cannabis markets. At the Cannabis World Congress & Business Exposition (CWCBExpo), investors, regulators, and business operators can extend their knowledge about the equipment and procedures involved in producing safer, more consistent, efficient, and refined cannabis products.

The LA CWCB Expo took place on September 7-9, 2016 at the Los Angeles Convention Center. The first day featured a mix of educational add-on workshops, while the exhibition floor was open to exploration on the second and third day. Featured during the event were more than a hundred different companies providing everything from auto-trimmers, seed-to-sale software, extraction equipment, packaging materials, facility development, and even educational, tax, insurance, and media specialists.

cwcbexpo2

Keynote speakers included Montel Williams, Ted Chung, and special guest moderator Melissa Etheridge, who offered their insights on the developing industry. Additionally, there were several well-recognized cannabis companies who attended as model examples of current product progression. These included groups such as Kushy Punch, W-Vapes, Know Label / Canna Vine, Xanders Green Goods, and a wide array of agricultural hemp CBD product providers such as Hemp Meds, Charlotte’s Web by the Stanley Brothers, Plus CBD, Elixinol and even True Leaf Pet, which featured a line of healthy hemp-based products for dogs.

It wasn’t all business, however. As the Exhibit Hall closed, guests were treated to a Thursday networking event in which attendees could mingle with each other and enjoy a cannabis-themed film with appetizers and refreshments. For those seeking an opportunity in the fast-paced evolution of the cannabis industry, Vangst Talent Network held a special cannabis career fair on Saturday, September 10, 2016. Whether you were a beginner looking to start a new career or an expert looking to expand your horizons, this was an event that was definitely worth checking out.

cwcbexpo3

With a growing number of states adopting and implementing new laws and regulative practices that permit the use and distribution of cannabis products, it is up to the industry to continue its trend of efficient and reliable products that are both ethically produced and safety screened, just like any other conventional, consumable product. At the CWCB Expo, one can certainly attain new insights and appreciation for these developing companies, who continue to progress the cannabis industry in its journey toward complete legalization and normalization.

We’d like to say thank you to all the sponsors, exhibitors, and attendees who helped make this a memorable, educational, and enjoyable event. For more information on the Cannabis World Congress & Business Exposition and any of its upcoming events, you can visit their website at: http://www.cwcbexpo.com/

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Cannabis branches hanging out to cure after harvest season.

German MS Patient is First-Ever Allowed to Grow MMJ

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A multiple sclerosis patient in Germany has been approved to grow cannabis for personal use by the country’s Federal Institute for Drugs and Medical Devices, marking the first time the body has made such an allowance, according to a report from Deutsche Welle.

The decision comes after the patient filed multiple lawsuits against the institute, claiming that he could not afford the monthly cost of his medical marijuana, which ran more than $1,600 per month. Germany’s Federal Administrative Court ultimately ruled that the man be permitted to “grow cannabis, harvest the drug and use it for the purpose of his treatment.”

Under the ruling, the claimant can grow up to 130 plants a year in his bathroom, up to 20 at one time.

However, a bill is currently circulating parliament that would allow prescription and reimbursement of medical cannabis by health insurers which, if passed, would likely cover the drug costs for the patient and void his growing permit.

In 2005, a Federal Administrative Court ruling gave health policy considerations precedence over a categorical rejection of self-sufficiency — which should have permitted some vulnerable patients to grow their own cannabis if they could not afford to buy it from the pharmacies.

“This is a slap in the face for policy makers who have so far failed to correctly implement the first ruling of the Federal Administrative Court,” a spokesperson for the Association for Cannabis as Medicine said in the report.

The patient’s permit expires in the summer of 2017, or sooner if the parliament passes the health insurance reimbursement bill.

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Large indoor cannabis plant's cola bud.

Prohibitionists in Arizona Have More Cash on Hand than Pro-205 Campaign

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Arizona’s anti-legalization campaign Arizonans for Responsible Drug Policy have raised a little more than $2 million this election cycle in a bid to defeat Proposition 205 this November, according to a report from the Arizona Daily Star. The amount is short of the $3.2 million raised by proponents, the Campaign to Regulate Marijuana Like Alcohol, but the prohibitionists currently have more cash on hand, likely gearing up for a last-minute media buy.

According to campaign finance filings with the Secretary of State’s Office, the pro-205 campaign has less than $170,000 on-hand — likely due to spending to get the initiative on the ballot in the first place. The anti-205 campaign has about $1.4 million on-hand and the cash differential could be crucial as Election Day approaches.

Adam Deguire, spokesman for Arizonans for Responsible Drug Policy, said they plan on using the funds for television ads in order to try and convince voters that the recreational initiative is far different from the medical marijuana initiative approved in 2010, and that there are things in the proposition that even those who support legalized cannabis might not want. He argues that by making cannabis more accessible to adults, the measure makes it more accessible to minors.

“This isn’t necessarily a fight about marijuana,” Deguire said in the report. “No one’s arguing here whether marijuana has medicinal purposes. We’re arguing whether it should be legalized recreationally.”

Proponents point out that Prop 205 outlaws the sale of cannabis-infused edibles that might be attractive to children, such as candy bars and lollipops, and that taxes collected from the sector will benefit education.

According to our aggregate of polling data, legalization is narrowly supported by more than 50 percent of Arizonans, with 44 percent opposed.

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Charlo Greene Faces 54 Years in Prison for Cannabis Club Proprietorship

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In 2014, Charlo Greene made national headlines when she said “Fuck it, I quit” as a TV news reporter for KTVA while announcing her plans to push for marijuana legalization in Alaska. Now, as the owner of the Alaska Cannabis Club, she faces 54 years in prison, according to a report by Newser.

Greene, whose legal name is Charlene Egbe, created the club a full six months before Alaska legalized cannabis for recreational use and began receiving “donations” for cannabis through club “memberships;” the club was raided twice by police and undercover detectives made several cannabis purchases. And, although Greene was not directly involved in any of the purchases, as the club owner, she was charged with 14 total offenses which, if convicted, could see the 28-year-old spend more than a half-century in prison.

In August 2015, when she was first arrested, authorities charged her with 10 felonies and four misdemeanors amounting to a possible 24 years in jail. Since then, another six offenses have been added which raised the total of incarceration time possible — all related to “misconduct involving a controlled substance.”

“Each time, the officers acted outside the scope of the warrant, conducting unlawful body searches on patients, threatening all patients and Club volunteers with arrest if they didn’t consent to taking mugshot-like photos on the scene, destroying cameras, seizing vehicles not included in the warrant and not leaving the lawfully required notice behind,” Greene wrote in a blog post last August which appeared on the Weed Blog.

Subsequently, Greene said the prosecutor “blatantly lied” to the grand jury, saying that because the club was a sole proprietorship there was no corporate liability protection.

Greene says that since her arrest she feels abandoned by those that supported her when she walked out of the TV studio two years ago, and that the prosecution feels like “a modern-day lynching.”

“It feels like I’m in this alone and it shouldn’t,” Greene said in an interview with Complex. “I’m supposed to be part of this huge community and it doesn’t feel like it.”

Her trial is scheduled to begin in January.

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Florida Medical Cannabis Campaign Nets $1M Donation

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The pro-legalization campaign in Florida has received a $1 million cash infusion from New Approach, a committee that has bankrolled other pro-cannabis campaigns in Washington, Massachusetts, and Oregon, Orlando Weekly reports.  

Ben Pollara, campaign manager for United for Care, said the donation – the largest single endowment made to the campaign thus far – is a “big acknowledgment” to their existing donor base and could be “a huge boon” to their fundraising efforts.

“We are obviously very pleased to receive such a generous donation,” he said in the report. “It’s going to be put to good use very quickly, making sure that our message is on television across the state and that Floridians understand this is about putting medical decisions back in the hands of doctors and patients and out of the hands of politicians.”

Fundraising efforts for the Amendment 2 campaign have also been buoyed by Orlando-based trial lawyer John Morgan, the chairman for United for Care, who has contributed more than $2.6 million to the campaign and “given a blank check” to radio stations for commercials supporting the measure.

“I’m spending a fortune right now,” Morgan said. “I don’t know what the number will be until the month’s over.”

The $1 million donation matches that of casino mogul Sheldon Adelson’s to the Drug Free Florida Committee last month. The Anti-2 campaign has also received $1 million from Tampa Bay developer Mel Sembler and $800,000 from the Carol Jenkins Barnett Family Trust.

Florida is one of four states that will vote on medical marijuana measures during the general election. According to our poll aggregates, voters strongly support the initiative 68 percent to 23 percent.

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The scales of justice sitting on a courtroom table.

Second Company Joins Rejected MMJ Applicant in Maryland Lawsuit

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A second would-be medical marijuana cultivator in Maryland is joining a lawsuit against the state Cannabis Commission on the grounds that they, too, were unfairly denied a license by the commission, the Baltimore Sun reports.

Maryland Cultivation and Processing is asking to join the lawsuit filed by GTI Maryland because they say that they were initially ranked in the top 15 applicants for a preliminary license, but were excluded in order for the commission to grant the licenses to two lower-ranked companies in Southern and Southeastern parts of the state.

Ed Weidenfeld, a partner and lawyer for Maryland Cultivation and Processing, said the two companies “have been deprived of what [Maryland] not only promised, but voted to do.”

“Our interests are affected by the outcome, and we want to be sure that we’ve got a voice in the trial,” he said in the report.

MMCC Commissioner Buddy Robshaw said that the law requires geographic diversity in its license awards and that the commission acted within the confines of the law.

In addition to the lawsuit, the state Legislative Black Caucus is challenging the approvals because no licenses were awarded to companies lead by minorities or women. Ex-Baltimore Raven Eugene Monroe, an African-American and investor in GTI, said the commission’s decision is akin to changing the rules of a game after it has been played.

“One lesson I learned early in life, and it’s followed me throughout my football career, is that you don’t change the rules after the game has been played,” Monroe said in an Associated Press report. “Yet, that is what happened here.”

The caucus is considering introducing emergency legislation to halt the program and force the commission to reassess the candidates.

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Flower Sales Fall, Concentrate and Edible Sales Rise in Oregon

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In June, edibles and concentrates became legal to sell to recreational cannabis customers in Oregon, and during that first month the products made up nearly a quarter of the state’s cannabis sales, according to a report by BDS Analytics, outlined by Willamette Week. The analysts said the introduction of the products into the market represent a dramatic shift in recreational market trends.  

According to the analysis, the $15.4 million in flower sales represented 62 percent of the state’s cannabis sales in June — down 23 percent from May. Concentrates comprised 17.3 percent of sales and garnered $4.3 million, while edibles ($1.6 million) represented 6.4 percent of sales in the month, during which overall sales reached $24.9 million.

Prefilled concentrate cartridges made up the lion’s share of concentrate sales with $2.3 million in sales, and candies ($600,000) outsold chocolates ($500,000) and infused foods ($200,000).

“Over Washington’s two years of legal adult-use sales, flower’s share declined from 87 percent to 61 percent,” the report states. “Oregon’s flower dropped immediately to a level that Washington and Colorado took more than a year-and-a-half of steadily increasing concentrates and edibles to reach.”

During the month, pre-rolled joint sales also fell from their 10 percent market share to 7 percent.

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New West Summit Coming to San Francisco on Oct. 14-15

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The New West Summit 2.0 — coming this October 14-15 to the Hyatt Regency hotel in San Francisco — is a cannabis event that focuses on business and investment strategies, advances in technology, and media. The event offers an atmosphere thick with networking and learning opportunities for professionals, entrepreneurs, and/or investors who are currently involved in or eyeing the cannabis space.

Promising to attract hoards of cannabis-minded folks, the New West Summit 2.0 boasts a truly impressive list of panelists. Sir Richard Branson — the English business magnate, investor, and philanthropist — is slotted for the event’s keynote address.

Esteemed cannabis businessman Steve DeAngelo, known for founding Harborside Health Center in Oakland and for his activism on behalf of medical cannabis patients, is a panelist representing the cannabis industry. Additional panelists here include leading MMJ researcher Dr. Sue Sisley, Cy Scott from Headset, Reggie Gaudino from Steep Hill, Ophelia Chong of StockPotImages.com, Aeron Sullivan of Tradiv, and dozens more industry experts.

Sticking to their theme of bringing the cannabis marketplace into the mainstream, however, organizers have brought on several non-cannabis industry representatives to be featured as panelists, including Forbes Magazine journalist Jason Belzer. The Summit has also secured Susan Bennet — whose voice was used to create Siri, from Apple’s iPhone products — as a panelist speaker and to introduce Mr. Branson for his keynote address.

Panel topics at the Summit will tackle the main three aspects of legal cannabis — medical, recreational, and industrial — from every conceivable angle and perspective. “Vape Technologies Forum,” “Business Software,” “Real Banking & Digital Currency,” “Serious Medicine, Serious Research, Serious Business,” and “Edible Innovations” are just a handful selected from the Summit’s promising 25 panel topics.

There will also be a jobs fair hosted at the New West Summit 2.0. This fair, organized by Bloom Farms, aims to connect dozens of potential employers with hundreds of applicants and job-searchers for a four-hour networking session that starts at noon on Saturday, October 15.

For patrons who find themselves desiring a more entertainment-focused experience, event organizers have also arranged for a VIP party on Friday night and an exclusive musical performance by Zepparella, an all-female tribute to Led Zeppelin, on Saturday evening.

“The industry is finally coming to a point where your street cred, or how long you’ve been in the industry, slowly means less and less,” New West Summit Founder Jim McAlpine told Ganjapreneur. “If you’ve been a grower for 25 years but you can’t understand regulation, I’m sorry, your time’s over. That being said, I see a lot of people who have been around the industry for a long time adopting and adapting, so I think adopting or adapting is what will let people stay in this industry.”

“To me, the radical professionalization and a sweeping mindset to run things like a business versus an overnight opportunity is what the future of the cannabis industry looks like,” McAlpine said.

To learn more about the New West Summit 2.0 you can visit the event’s website. To purchase tickets for the event, you can use this Ganjapreneur-specific link to buy passes at a 50% discount for one or both days — as well as any of the extra VIP and entertainment options.

Ganjapreneur will be sending a team to cover the event, so keep an eye out for us and say hello!

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California Gov. Signs ‘Micro Farmer’ MMJ Law

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California has several new “micro farmer” medical cannabis cultivator licenses available after Gov. Jerry Brown signed the measure into law, according to a press release from the bill’s sponsor Assemblymember Jim Wood. The “cottage cannabis license” is specifically for farms with 2,500 square feet or less of canopy for mixed-light cultivation, up to 25 outdoor plants; or 500 square feet or less of canopy for indoor cultivation. In total, 11 new types of licenses are available covering a variety of small cultivation operations.  

“This law will help ensure that small medical cannabis growers on the North Coast can comply with regulations as this industry moves forward, providing certainty and predictability,” Wood said in the release. “It’s just not fair to require the small farmers to adhere to the same standards as larger operations.”

The California Department of Food and Agriculture will develop requirements for each license type “that address the unique characteristics of small farm practices.”

“As this industry moves forward, we need to make sure that all farmers, regardless of size, can come into compliance — that’s what success looks like,” Wood said.

According to the bill text, the rules only apply to medical cannabis operations. However, amendments could be made to the law if California passes Proposition 64 legalizing cannabis for recreational use.

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Downtown Denver on a sunny day.

Colorado Edibles Will Carry ‘Universal Stamp’ to Help Prevent Accidental Ingestion

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Colorado’s new edibles rules, requiring products to be stamped with a diamond and the letters “THC” takes effect on Saturday, the Associated Press reports. The “universal symbol” is designed to give edibles a distinct look even after removed from its packaging.

“We want to ensure that people genuinely know the difference between a Duncan Hines brownie and a marijuana brownie, just by looking at it,” state Rep. Jonathan Singer, the sponsor of the law, said in the report.

The law also changes how products that would be impossible to stamp — such as infused sodas and dissolvable powder — are packaged. Sodas, for example, are required to be sold in single-serve bottles. All of the edibles’ packaging will also contain the universal symbol and the phrase, “Keep out of reach of children,” on top of the childproof zippers and lids already required by the state.

Beginning next year, edibles in kid-friendly shapes — such as fruits, animals, and humans — will be barred from being sold in dispensaries.

“It’s really a step in enhancing public safety and making sure that marijuana is out of the hands of children,” Ron Kammerzell, senior director of enforcement for the Marijuana Enforcement Division said.

According to a 2016 report studying admissions at Children’s Hospital Colorado, more children were treated for accidental cannabis ingestion following the legalization of recreational cannabis in the state — up from 1.2 per 100,000 population the two years before legalization to 2.3 per 100,000 population two years following legalization. From 2009 to 2015, 81 children were treated for ingesting cannabis accidentally; however “poor child supervision or product storage” was responsible in about a third of those cases.

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Understanding Cannabis Trademarks

Understanding Cannabis Trademarks & Intellectual Property

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What is a Trademark? At the most fundamental level, a trademark is a mark or identifying representation of the source of a good or service that the mark is attached to. When an individual sees a slogan, graphic, or name attached to a product, it is understood that the company who owns that mark must have produced the given product.

Think Nike — when you see a swoosh on a pair of tennis shoes, you know that they were created by the Nike company. You are more likely to purchase them because of the logo’s implicit message of quality.

A Consumer Protection Statute

One can easily imagine why it would be unfair for a new shoe company, Company X, to use the Swoosh on their own shoe line. Here, Company X is specifically using that Swoosh because it wants a potential consumer to believe that Nike created and produced the shoe. Preventing Company X’s unwarranted financial gain on the back of Nike’s hard work is precisely the sort of thing trademark law is meant to achieve.

Types of Marks Eligible for Protection

In evaluating whether or not a mark may receive Trademark protection, the foremost determining factor is the mark’s distinctiveness. Indeed, Trademarks are evaluated on a scale of distinctiveness ranging from “Fanciful”, which is the most unique category of mark and will (nearly) always receive trademark protection, to Generic, which is not unique and will (nearly) never receive trademark protection.

The mark “Google” is the archetype example of a Fanciful mark. Until the search engine company came along, the word “Google” was meaningless and acquired significance only through the company’s use of the word. Conversely, a company that sells lumber could not make use of the word “lumber” as a trademark because it is a generic word. The company is quite literally selling the universally available commodity, lumber, and the mark not is not in any way distinct. 

Gaining Trademark Rights

In order for trademark owners to gain trademark rights on a desired mark, they can:

  1. Start using the mark in commerce in connection to a good or service
  2. Register the mark with the State Trademark Registry
  3. Register the mark with the United States Patent and Trademark Office (USPTO)

While exercising option one affords the Trademark holder the least amount of protection, option three, involving the registration of the mark in the USPTO, grants the greatest amount of protection and gives the owner exclusive, national right to use the mark in connection to the designated good or service.

Cannabis & Trademarks

Trademark law, as it pertains to Cannabis, becomes a tricky discussion because of both the Federal illegality of the substance and the Federal nature of Trademark law. It is certainly true that an individual can receive a Statewide trademark on a cannabis product in a state where Cannabis is legal. Unfortunately, this means that in States where the mark is not registered, the registrant does not have the exclusive rights to its use and other companies are free to use it for their own purposes.

Under the Lanham Act, which governs the process and eligibility of Federal trademark protection, Trademarks cannot be assigned to goods and services that cannot be lawfully used in commerce. As Cannabis is still a Schedule 1 drug under the Controlled Substance Act (CSA), it cannot lawfully be used in commerce and is therefore not eligible for Federal protection.

A Possible Solution

Cannabis companies still intent on gaining Federal Trademark protection may pursue the strategy of producing a supplementary product that does not contain any of the controlled substance, cannabis. For example, an edibles company that sells cannabis infused gummy bears may also produce regular gummy bears and file a trademark on its brand name in connection with the sale of the innocuous candy. This Trademark may serve as an umbrella of Trademark protection for the cannabis infused gummy bear the company sells at a later date.

Ultimately, Trademark law is another victim to the inanity of Cannabis’s classification as a Schedule 1 drug under the CSA. As legalization efforts continue to gain strength and power, we will hopefully see Cannabis fully legalized on a Federal level. Until then, companies (in states where Cannabis is legal) would be wise to minimally file for trademark protection in their local state registry.

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The U.S. Capitol building in Washington D.C.

NORML Scorecard Ranks Federal Lawmakers on Cannabis Policy

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NORML has released its 2016 Congressional Scorecard, which grades lawmakers on their marijuana policy based on voting records and their public comments on the issue. Just 22 members from both houses received ‘A’ grades, and Democrats (92 percent) received a passing grade of ‘C’ at more than double the rate of their Republican (37 percent) colleagues.

“This analysis affirms that voters’ views on marijuana policy are well ahead of many of their federally elected officials,” Danielle Keane, NORML political director, wrote in the executive summary. “While the majority of Americans support legalizing the use and sale of cannabis for adults, only four percent of Congressional members voice support for this position.”

Of the nine states voting on cannabis initiatives in November, just 11 of the 128 elected officials representing those states in both houses received an ‘A’ grade – eight of those 11 represented California. No legislator from North Dakota, Florida, Arizona, Nevada, or Wyoming received an ‘A’ grade. None of the Arkansas Senators or Representatives scored a grade higher than ‘D,’ and Republican Representative Kevin Cramer is the lone North Dakota lawmaker to receive a passing grade.

“Although many members of Congress are increasingly becoming aware of this changing public sentiment, federal leadership on the issue of marijuana law reform is still sorely lacking,” the summary states.

Several marijuana-related measures are pending before the 114th Congress, but no bill has made it to the floor for a vote.

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Leaf from a hemp plant, spread wide in an outdoor scene.

North Dakota Hemp Harvested Under Ag Department Pilot Program

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North Dakota farmers are harvesting their first legal hemp crops under the state Agricultural Department’s experimental program, according to a Bismarck Tribune report. Just five growers are approved under the pilot program, which aims to research the growth, cultivation and marketability of industrial hemp.

One farmer, Clarence Laub, yielded roughly 5,000 pounds from his 10-acre plot, but said only 5 acres were actually viable due to varied seed depths at planting and the timing of rain. His plants were grown from Canadian hemp seed provided under the state program.

“I harvested all of it, even through the open, weedy areas,” Laub said in the report. “If I had left those, I don’t think it would’ve made much difference in the yield.”

About 35 percent of Laub’s crops will be reduced to oil, and the rest will be ground for hemp flour. Both products will be sold at a local specialty store under the Laub Farm label.

According to Rachel Spilde, the director of the program, other producers have reported yields ranging from 860 pounds to 1,125 pounds per-acre, worth $1 per-pound. The input cost of the plant is $280 per-acre.

“That’s better than a lot of commodities right now,” she said. “Without a doubt, there was a lot of value in this program. There were some good yields and very few hiccups.”

The Agriculture Department will announce its research goals for the next round in October when new grower applications are due.

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