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Wisconsin Gov. Includes Adult-Use Legalization in Executive Budget Proposal

Wisconsin Gov. Tony Evers (D) is including cannabis legalization in his 2021-2022 budget proposal, MyStateline.com reports. The plan includes possession limits for residents up to two ounces and allows cultivation up to six plants but would allow non-residents to possess only a quarter ounce.

“Legalizing and taxing marijuana in Wisconsin – just like we do already with alcohol – ensures a controlled market and safe product are available for both recreational and medicinal users and can open the door for countless opportunities for us to reinvest in our communities and create a more equitable state. Frankly, red and blue states across the country have moved forward with legalization and there is no reason Wisconsin should be left behind when we know it’s supported by a majority of Wisconsinites.” – Evers, in a statement, via MyStateline

The Governor’s Office estimates that legal cannabis would generate more than $165 million annually starting in fiscal year 2023. The plan would earmark $80 million of cannabis-derived revenues for a new community reinvestment fund, including $30 million in social equity grants through the Department of Health Services, the Department of Administration, and the Department of Children and Families, $5 million in grants to underserved communities through the Wisconsin Economic Development Corporation, and more than $34 million for rural school districts, the Governor’s Office said. The remaining funds would be deposited into the state’s general fund.

Evers joins New York Gov. Andrew Cuomo, also a Democrat, in including adult-use reforms in the executive budget proposal. Democratic governors Ned Lamont in Connecticut and Lujan Grisham in New Mexico have also called for the reforms as lawmakers begin their 2021 legislative sessions.

In Wisconsin, both chambers of the legislature are controlled by Republicans. The leaders of both chambers, Devin LeMahieu in the Senate and Jim Steineke in the House, each received “F” grades from NORML due to their opposition to cannabis law reforms.

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Report: Montana Has Highest Racial Disparity In Cannabis Arrests

In Montana, Black people are 9.6 times more likely to be arrested for cannabis possession than their white counterparts – the widest disparity in the U.S., according to American Civil Liberties Union data compiled by the Cincinnati, Ohio-based Joslyn Law Firm. Colorado had the lowest racial disparity with Black people 1.5 times more likely to be arrested for possession.

The report uses data from 2010 to 2018.

The largest racial disparities in cannabis possession arrests were in Pickens County, Georgia, where the arrest rate of Black people was 97.3 times higher than the white arrest rate – 321 white people were arrested for marijuana possession during the period analyzed compared to 31,243 Black people. DeKalb County, Alabama was the second-highest county for racial disparities in cannabis arrests at 44.6 to 1, the report found.

Nationally, Black people are 3.6 times more likely to be arrested for cannabis possession than their white counterparts – this despite studies that have found Black and white people use cannabis at similar rates.

In Kentucky, Black people were arrested for possession 9.4 times more often than white people, followed by Illinois, Iowa, and West Virginia at 7.5 times and 7.3 times each, respectively. The report does not include post-legalization data from Illinois, which was the first state to legalize cannabis via the Legislature in 2019. Illinois State Police and the governor expunged more than 500,000 cannabis-related criminal records on the final day of 2020.

Minnesota, North Dakota, South Dakota, and Wyoming all saw Black people arrested for cannabis possession at rates at least five times higher than white people, while Utah neared the mark at 4.9 times, the report found. Alabama, Connecticut, Delaware, New Hampshire, Maine Massachusetts, New Mexico, Kansas, Oklahoma, and Wisconsin all saw cannabis arrest rates four-times higher among Black people and of those states only Massachusetts has legalized sales and possession for adults. Idaho was close to the mark with cannabis arrest rates 3.9 times higher for Black people than white people int the state.

Michigan arrest rates were consistent with the national average of disparities, followed by Arizona, Georgia, Indiana, Louisiana, Ohio, Pennsylvania, Nebraska, Nevada New Jersey, Rhode Island, North Carolina, South Carolina, Tennessee, which reached a three-times rate of disparity but fell below the 3.6% average.

Arkansas, Maryland, Mississippi, Missouri, New York, Texas, and Washington state each saw arrest rate disparities between 2.1 and 2.9 times, while Alaska, California, Colorado, Hawaii, and Oregon saw disparate rates between 1.5 and 1.8 times. Three of those four states have legalized cannabis for adults.

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Bob Eschino & Derek Cumings: Building a Cannabis Edibles Empire

In the notoriously turbulent cannabis industry, 10 years of continuous operation can feel like a lifetime. For the team behind Colorado’s Medically Correct, it’s the ultimate testament of their company’s success and longevity.

In this episode of the Ganjapreneur.com Podcast, Medically Correct co-founders Bob Eschino (who is also the company’s president) and Derek Cumings join our host TG Branfalt to discuss their various cannabis edibles brands, the early years of Colorado’s cannabis industry, and how they helped shape cannabis regulations in Colorado and (as other states came online) beyond. Tune in to hear about the trials and difficulties that led to the company’s founding; how a strong work ethic, an ever-present emphasis on compliance, and a continued focus on cannabis as medicine has driven their success; and more!

You can listen to the interview through the media player below or via your preferred podcast listening platform. Scroll down to read along with a full transcript.


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TG Branfalt: Hey there. I’m your host, TG Branfalt, and thank you for listening to the Ganjapreneur.com podcast, where we try to bring you actionable information and normalize cannabis through the stories of ganjapreneurs, activists, and industry stakeholders. Today I’m joined by Bob Eschino, who is the co-founder and president, and Derek Cumings, co-founder of Medically Correct, a Colorado-based firm founded in 2010, whose brands include incredibles, Quiq, TruPura CBD, Clear Creek Extracts, and Nove, which is coming this winter. How you doing this afternoon guys?

Derek Cumings: Good, man.

Bob Eschino: Great, TG. Thanks for having us.

TG Branfalt: I’m really excited. You guys have so much experience to talk about. But before we get into that, man, tell me about your backgrounds and how you guys ended up in the cannabis space.

Bob Eschino: Go ahead, Derek. You start.

Derek Cumings: Me, personally, I was a patient, and to make a really long story short, I fell 45 or 50 feet, I broke both my legs, and then the pharmaceutical companies in combination with the doctors went for the all-time poisoning, so they had me up to about 20 pills a day and a dozen different prescriptions in my mid 20s. And I started using cannabis again in my life and basically, through escalated cannabis use, I was able to chip down every one of those prescriptions over about a two or three-year period.

And after I had the revelation of how much cannabis had helped me, and it was just because I had access, my mission sort of changed into giving other people access and putting that knowledge out there because there was nothing. I mean, you couldn’t find out information at the time. I sort of tiptoed into it myself and then was fully immersed, and then because of that I sort of wanted to help other people and get that knowledge out there because of the information blackout really at the time.

TG Branfalt: It’s unfortunate that we can’t hear that full long story, man, because, I mean it sounds like you’ve really been, hate to make the pun, but in the weeds with this on both sides.

Derek Cumings: Yeah. It was a trip to… I had like 300 or 400 doctor appointments and at some point in there I started telling them I didn’t want pills. I went from, “Hey. I’m going to take this tincture. I don’t want this anti-nausea pill anymore,” all the way up to, like graduated use, start smoking, and then all the way to start smoking hash, and then start smoking hash first thing in the morning instead of taking a morphine pill.

My doctor kept notes of the whole thing so when they tried to kick me out as a patient, the State of Colorado stepped in and said, “Hey. What happened here? You don’t have a lawyer.” It was all under a workers’ compensation case so they tried to kick me out for using cannabis after basically they had the notes that proved I was better off with it. So the State of Colorado stepped in and we worked out a settlement with the insurance company that would allow me to basically be in charge of my own healthcare through cannabis use. And like I said, once my parents knew, there wasn’t really any reason to hide from anybody else so that’s… As soon as my parents were cool with what was going on, I started going to town meetings and shit.

TG Branfalt: Wow. That’s fascinating, man. Bob, how about you, man? What’s your story?

Bob Eschino: I got into the cannabis industry through my grandmother. Back in 2009, my brother started making edibles for my grandmother, who was towards the end of her life. I watched it help her with sleep, pain, appetite. And as I was watching this unfold before my eyes, the light bulb went off. Same thing with Derek, I was like, “Holy shit. It’s medicine.” I had been a cannabis consumer most of my life but I never put the two together that it was medicinal. And even when I was using it, there was medicinal properties that I was getting. But watching it work for my grandmother, someone who would never touched cannabis and the topicals for her pain and… She’d eat a cookie and all of a sudden she had an appetite and her pain levels were dropping and she could sleep. Same sort of thing.

I sold packaging, and my partner, Rick, he ran one of the largest bakeries here in the State of Colorado. So everything we had talked about for little side businesses revolved around food and as I watched edibles working for my grandmother, I approached him and said, “Hey. Could we make an edible here in your kitchen?” At first he was reluctant, thought I was crazy, and then he came and he met my grandmother and he saw the healing properties of cannabis as well.

Right about that time, 12-84 came out, which was really the first framework here in Colorado that gave us a roadmap, some rules to follow, and as business people we looked at that and went, “Okay. They’re giving us rules. They are telling us if you do these things, you’re not going to get in trouble in the State of Colorado,” which brought us to a comfort level that we were both satisfied with. And we walked our happy little asses down and filled out an application and we were one of the first people in the country to have a license to make and sell legal cannabis in the US, which is pretty damn cool.

TG Branfalt: And you guys both come from that sort of compassionate background, right?

Bob Eschino: Yeah.

TG Branfalt: And we could sit here and talk all day about… I mean, I’m one of those people who use cannabis for years and years and years and then I start realizing, holy shit. I’m actually kind of using this more medically than I am recreationally. I still have a medical card in New York and that sort of thing, but I sort of digress. Tell me about these early days in Colorado and how you ended up leveraging that early experience to remain in business for this long. I mean, 10 years is a lifetime in this industry.

Derek Cumings: The truth is, I didn’t remain in business that long. My early days in Colorado stretch all the way back to George Bush presidency. Like I said, figuring it out for myself, understanding there was a small business aspect to it, so I started thinking, “Hey. I’m going to move back to my hometown. I’m going to make a small business out of this. This is really a states right thing.” I really got things going.

When my store opened up, there was only like five or six shops open at the time in Colorado. And we opened up in Harmony Wellness right on I-25. 10, 11 years ago, I had a billboard on I-25 that basically said, “$9 grams. Exit here,” and people’s minds were blown. But that was before that regulation that Bob was talking about. And when I opened up, I opened up as a good person and with a good business model and a vision to normalize cannabis back then. And what I didn’t foresee… When I opened, I thought of the eight or nine shops that were open, I thought four or five of them were going to have to close because of me. And when I opened up, everything was going according to plan. We did like almost $100,000 in business our first month in this tiny little shop. For instance, my town had a budget of like 1.1 million and that year I think we gave him like a $100,000, unsolicited tax money, from our shop that year.

Derek Cumings: When I opened, like I said, I thought all these people were going to close. And then Barack Obama became president, and all of a sudden it was like the flood gates opened, and instead of me closing a bunch of shops, people went into my shop openly with notebooks asking questions and shops literally started springing up all over. So we were in business about two years and that law shut down or it basically gave everybody the opportunity to opt out. And my town, of which I had government officials that were my patients and actually providing cannabis to my other patients for me, they just were sort of overwhelmed by a couple of the town board members and they were inundated with license applications in one week, so they shut it all down and they ended up closing me.

They kept saying, “Hey, it’s not you, but it’s all these other people,” and I’m like, “Yeah. I told you guys. We should’ve had rules.” Without that regulation, people just… It would’ve taken a while for the Wild Wild West to calm down. They were just tiptoeing into the legality of weed. The public didn’t have a stomach to let natural attrition happen from entrepreneurs making it and then it’s failing and so all those businesses got forced into the system.

And at the time I’d been making my own edibles, and my business partner was going to go do a doctor referral thing and I remember very specifically she said, she’s like, “You’re going to do your little edible thing?” And I was like, “Wow.” I just built all this up and you minimized everything. So I had that in my back pocket and was basically working as a consultant and taking meetings with different people for different reasons over gardening with one of my good buddies, Adam Dunn.

We happened to have a meeting with Rick and Bob, and they were making edibles, baked goods, out of this little kitchen. It piqued my interest that they had a kitchen and had the legit… they already had their license. All the shit that I had went through, they had got through all of that and they didn’t have a product. They were making popcorn and brownies, and albeit the best weed brownie I’d ever tasted. I already knew from having a shop that that was only going to last a couple of days. And for me to sell fresh baked goods at my shop was really hard, and it was my shop, so to try to add in their distribution and time for it to sit on another shelf, I knew right away that they had the mindset and the infrastructure to succeed but they had the wrong product line.

So I suggested that, “Hey. I made these candy bars for the last year of my dispensary.” I remember I set another meeting with them a couple days later and I went to my storage unit and I got candy bars that I had made about 9, 10 months earlier, and I brought them back to that meeting and was like, “Hey. The shelf life on your brownie, it’s already getting hard, but check out these chocolate bars.” And they’re like, “Oh, nice. When’d you make these?” I was like, “Last winter.” And I think the light bulb went off and I said, “What you should do is, ditch this idea of baked goods, make these candy bars. Switch over to BHO, an oil that’s easier to regulate or easier to dose into your products and let’s work something out.”

That was me meeting Rick and Bob and having that… I just dropped the mic. I said, “Hey. You guys should fuck this business, switch to edibles or switch to candy bars. I’m out. Figure it out.” And they wanted to buy my recipes and this and that and I was like, “No. It’s a bigger deal than that. Make me part of the thing and let’s figure it out.” And that led to about a eight-year handshake deal that we had before it was all finalized in the end, but that’s how we all came together and started the original chocolate line.

Bob Eschino: That’s right. Right about the time we met him, we were coming to the same realization that… Rick came from a bakery background. So as you’re making cookies, and brownies, and apricot bars, and carrot cake, and all of those things that we were going to do when we were making, you build in that waste. You build in throwing away 30% to 40% of your product because it’s going to go bad sitting on someone’s shelf. But once we came to the realization that we’re not throwing away around a brownie, we’re throwing away THC. We are throwing away medicine. That was right about the time the universe brought Derek into our door and went, “We’re turning it into an oil. It’s going to be more stable. We’re going to put it in more shelf-stable products,” and everything came together and off we went.

TG Branfalt: It’s a really unbelievable story.

Bob Eschino: It is.

TG Branfalt: In 2011, from what I’ve read, you guys were the first company to test all oil and batch products, in 2012, you were the first to add nutritional information, and in 2013 you added milligrams per dose to edible packaging, which none of this yet was a requirement. None of this was a state mandate. What led you guys to enact those policies without these government mandates?

Derek Cumings: One of the biggest drivers was, really just wanting to be truthful. It was at a time where I had started using oil because it was easier for me to understand… If somebody used a gram of the dirtiest hash oil in the world, their math started with a thousand milligrams. And I had a very good realization that this is not pure THC. So when we were doing calculations before testing, I was basing it on very unscientific thoughts, based on clarity, and taste, and this and that, but I could tell how good the oil was. I would put it between somewhere between 60%, 70%, 75%. The highest we ever went with anything would be like 80%.

And at the time, everybody else is just absolute bullshit. They’re selling, hey, this was weed butter that was made with a hundred milligrams of THC oil. And it was weed butter that they made a pound of butter with one gram of shitty hash, so the pound of butter, total only had like maybe 400, maybe 300 milligrams of THC and then they break that up into a thousand cookies and then they’re telling people that… It didn’t add up. Meanwhile, we’re making products based on the knowledge that, hey, this is only this much oil and we’re dosing it appropriately. So when that testing came out everyone was like, “The gig is up.” And with us, people had for years told us, “Your products are too strong,” and we were just saying, “No. We’re just truthful.”

And there was like a great awakening. When everybody else had this, come to Jesus with testing, it was more like, we got a better scope, and we were able to dial it in better. But we were already in the range to put it where people are like, “Wow. All products… All hundred milligrams are supposed to hit like this.” And that’s the truth. Instead of it being such a discrepancy, it was the equaling of the playing field when it came to other products.

There was product after product, after product, after product that tested. A 50 milligram gummy, 2.5 milligrams. Like there’s a 100 milligram brownie, it test as 11 milligrams. And in all of those testing, like I remember the big one that was done by the local news station, the big revelation with us was, “Oh, they’re too strong. Look. Their hundred milligram product is 112 milligrams.” And we’re like, “Yes.” Everyone else is being exposed and you’re doing a news story that’s basically telling everybody, yep, these guys are actually putting more. I’m like, “That’s a good one for us. That’s a free… Let’s use that as a commercial.”

Bob Eschino: Rick and Josh, who our other partners, they came from the bakery world. When we first started exploring this, when I did and Rick, when we started asking people about edibles, what we found is, most people were afraid of edibles. In Colorado, back in 2010, on the label it was one times, two times, three times strength. What the fuck does that mean? That’s how scientific it was. It meant nothing. Someone said, “Hey. This is extra strong. This is three times strength.” Well, what is strength? What does that mean? So when we started asking around and finding out that people weren’t testing and didn’t know how much of their most important ingredient they were putting in their products, that’s when a light bulb went off for us as well, which is, we’re selling THC. I’m not selling a chocolate bar, we’re not selling a brownie. We’re selling medicine, so we need to find out how much medicine we are putting in all of our products and that’s really where it all… It all started there.

Things like nutritionals. That’s just what they did. Rick and Josh put nutritionals in all of their products. Always. So we set up a bakery planning to be inspected. Planning for the health department to come in. Planning for the FDA to one day look at our packaging, and look at our nutritionals, and look at the process and be inspected. We just always waited. And I think it was three years before a health department official walked through our doors at the kitchen. Three years. And they came in and went, “Oh, shit. You have a HACCP plan?” “Yes, we have a HACCP plan. We’ve had a HACCP plan since we opened the doors three years ago. We’ve just been waiting for you to get here.”

So for us it was just normal. It was normal business. It was, we’re going to make a quality product. We’re going to tell people what we’re selling them, which was THC. And Derek and Josh became the experts on extraction and dosing and zeroing those things in to make sure that we were making accurate and consistent products. And once people realized that, hey, a square of this chocolate bar is going to do the same thing to me every time I take it, and I don’t have to be afraid of it because it’s going to be consistent, that’s when things… Our growth was exponential. Once people in our market realized what we were doing and how we were doing it and that we were putting out a consistent product that they could trust, the light bulb went on.

TG Branfalt: I want to ask each of you this sort of individually, but how challenging was that R&D period for you guys?

Derek Cumings: Well, for me specifically, it was a crazy time because I went from basically being a garbage man where I could get a free ounce of weed from one of my caregiver buddies if I dealt with taking their shit. Their stems and their trim, because that was just more hustle. If they didn’t have to go to the dump, better for them. So they would give me a little VIG in order to take care of that for them. And then I started doing my R&D and making my own little products. And then all of a sudden, the guys were like, “Hey. Why don’t we work something out on that?” And then it went to, “Hey. Why don’t you just buy this trim from me?” And I’m like, “Man, you used to pay me to take this.” Then it was free, now I have to pay you.

And then as we got into that relationship with Rick and Bob and other dispensaries, the price of R&D… I’ll be honest. I learned R&D on such a small scale because I had like one or two grams of oil and I’d be trying to make a new product. I remember… I don’t want to say anyone’s name, but one of their really experienced guys that had come from this kitchen world is in on the R&D now. And we’re having this meeting and he tells me that he needs some oil for R&D, I’m like, “Okay.” And I’m thinking about how I’ve done R&D in my life. I asked him how much he needed and he said, “I don’t know. A few quarts.” And I was like, “Dude. I don’t think you understand what the oil is, dude. We don’t have a few quartz in-house. I don’t know what you’re talking about.” So the ability to sort of scale up and do more R&D with more access to larger batches, it became fun.

And then also, all the things that Bob was talking about, those are the things that I saw right away. In our first meeting, Rick is telling me how Udi’s, they would make muffins for the Boulder County school district. He’d make something like [crosstalk 00:23:21]-

Bob Eschino: 40,000 a day.

Derek Cumings: 40,000 a day or something. And they all adhered to Michelle Obama’s recent nutritional guidelines. And in my head I’m like, “Man, these guys are going to have a better time sourcing ingredients, batching up the recipes.” Like specifically with the… I remember I had found the perfect strawberry to add. And it wasn’t a dried strawberry, it was a freeze-dried strawberry. It stayed crunchy in the chocolate. So I was all excited because I found this company that made these freeze-dried strawberries and they were the ones we had to go with. So when I’m introducing them to the strawberry crunch bar, we’re making it. I’m like, “Really, it’s got to be these strawberries.”

And I come back in a couple of weeks and they’ve not only found the distributor of the strawberries, they went to that distributor of the strawberries and they got the strawberries. And then the next update was, “Hey, guess what? We now got the strawberries from the strawberries strawberry guy and we cut a deal with them because we’re taking the bits and pieces instead of the full cut strawberries that go into the packaging, which saves us because then we don’t have to chop them up.” And I was like, “Man. These guys are not only using my strawberries, they’re using… They cut to the main source of the strawberries plus they’re getting a deal on it.” So all of those things got scaled up so big that R&D these days are a lot different. But I still like to think of things very individually. And if I’m thinking of a new product, I got to figure out how to make one before you make a thousand of them.

And a lot of times there’s hiccups in between there, where you have a product that might do great but it’s for a small scale operator because if you have huge distribution, you’re going to reach a maximum input point where you can’t jump to the next level. So there’s a bunch of great businesses that are set for small companies, but there’s products that large companies, if you have that distribution ring, you need to be able to churn out a million of them, not just a thousand of them. But if you’re trying to fill one store, a thousand of them is perfect. So if you know your height and where you’re trying to be, that’s the best way to judge. Even in R&D, that’s the best way to judge where you’re going, is try and aim for somewhere and start small.

Bob Eschino: But you have to be able to scale. We’ve got so many products that we don’t sell anymore because we can’t scale them. We couldn’t make them efficiently enough. What we’ve realized here in Colorado over the last decade, especially now more than ever, people are buying THC. They don’t care what you wrap it in. People don’t want to pay more than $15 for a hundred milligrams of THC. So I don’t care what you put. I don’t care if it’s in a brownie, a cookie, a chocolate bar wrapped in gold, I’m paying you 15 bucks. So you have to be able to make products that really hit the market and that the people will buy. Because I can make a $40, 100-milligram product, people aren’t going to buy it.

TG Branfalt: It’s probably delicious.

Bob Eschino: Oh, no, they’re great. Yeah. We have this sprouted seed, date-based nutritional bar that we used to make called …. People loved that thing. But we couldn’t make it efficiently enough. And then the new stamping rules and regulations came out and then we couldn’t make it. We couldn’t make it compliant with the state. So that’s one of those products that we would have loved to bring back out because people loved that thing but with the rules and regulations, and then the cost of materials going into it, it’s a product that… If we could bring it back out, we’ll probably only sell minimal amounts here in the state anymore.

TG Branfalt: You guys, your company had a role at the table when they were devising government regulations. And not a lot of people know what that experience is like, so the first thing I want to ask is, what was that experience like coming from the background that you came from and now sitting at the table… And you’ve already been sort of forward-thinking with nutritional information and milligrams per dose. Describe that early experience.

Derek Cumings: Before Bob talks about what it is and now and what it’s grown into, I would like to just highlight this one golden era of time, where people were actually genuinely, innocently ignorant and dying for the information. Because if you go back far enough… Like my first meetings, I had meetings with the City of Denver, with the fire department, the city planners, engineers. I’m explaining literally to a room of 30 people who are absolutely silent, just listening on how to use a closed loop extractor.

And that timeframe, from helping the fire department to the… I’ve worked hand-in-hand with the mayors of these towns, the town boards. Working with them when they all wanted to know, before everybody thought they fucking knew everything, was such a genuinely beautiful time, that I’m glad I participated then. Because now it got to be such an art just to be able to get in, get past everybody else that’s peddling bullshit to get your five minutes to be able to speak the truth to someone, or they would already have their own experts. It changed so fast and so rapidly that there was that one genuinely golden time where we got to go explain to the captive audience at the state house how a closed loop worked. And I swear to God, within 12 months, the government is selling their services as consultants to other states all around as experts and I’m like, “Wait minute. Where’s my cut?” Basically Bob made it so… I mean, all of those opportunities made it so I was going to pull my hair out and Bob made it so everybody would still listen. There you go.

Bob Eschino: That’s why I have no hair. Correct. And we learned very early on that if we weren’t sitting at the table, people were going to make rules and regulations for us. As that started to happen, we very quickly started to become more involved because you had to. Like Derek said, it was great for a lot of years, being able to help and being there as… You said it earlier, that Derek and I came from kind of the same place of wanting to help people.

10 years ago in Colorado, almost everybody with a license came from that place. There weren’t very many people who thought it was going to be a moneymaker, who thought they were going to get rich. It was people who had a personal story with the plant who went and got a license. And working with those people early on… I’m still friends with a lot of them today. We all just had our 10-year anniversary because we were all in that line together 10 years ago when we got our licenses. And to watch all of those companies grow and be successful and do what they wanted to do has been great for me and really cool for me to watch.

But sitting in the rooms with those types of people and talking with regulators, and government officials, and fire departments, and health departments, and really trying to do the right thing and trying to put regulations in place that not only protected the patients, but allowed us as businesses to be successful and then allowed the state to be successful, to regulate us. Because we were used to regulation coming from the bakery world. We wanted regulations for the industry so everybody was responsible. So everybody had to be professional. So the patients could get the products that they wanted.

Just like Derek said, there was a lot of people who were peddling bullshit. Who were selling 250 milligram products that had two milligrams of THC in it. And then you wonder why it’s not working for a patient, you wonder why a patient’s not getting healthy and they’re not getting some sort of relief. So, us being in a position to put the things in place that we put in place and do nutritionals and marking and stamping products and testing everything, those became the basic framework for what the MED did. Because they would see what we did, and went, “I want everybody to do that.” Everybody in the state should be doing that. They should be following those SOPs.

So the things that used to set us apart are now entry level in Colorado. If you’re not triple testing your products, you can’t get a license. If you’re not putting nutritionals, you can’t get a license. If you’re not marking and stamping, if you’re not a compliance company first in Colorado, you can’t get a license. So those are all the things that we started out doing and now, not only is Colorado kind of the pinnacle of that, it’s been the framework, unfortunately not well enough, but for the rest of the country.

So I traveled across the country for years trying to teach regulators what we had taught the regulators in Colorado is, here’s a good framework. Start with where Colorado is. It’s not perfect but it’s pretty damn good. And the frustrating part for me was, everybody thought they could do it better. And every state, nah, I’m not going to… We’re going to set our own rules and regulations because we’re going to do it better. And right now, Colorado in my mind is still the best for rules and regulations that not only protects the patients, it allows us to have a successful company and it allows the state rules to regulate us by. So they can come in and go, “Hey, you need to do this, this and this.” And if we do this, this, and this, we’re putting out products that are good for the patients.

TG Branfalt: Do you think that your experience, not only in the early days of Colorado but also in the state that sort of advises other states on legalization, do you think that that’s helped you adapt to different states as you’ve entered their markets?

Bob Eschino: Definitely. The reality is, is we’re a compliance company first. So when a new state opens, I don’t care what their rules are, I just want to be able to read them and understand them. And we have. We have walked into other states and said, “Here’s your rules. We’re going to follow these,” but we immediately get involved with trying to change those rules to make them smarter. To make the system better for the people in that state. Sometimes it works, sometimes it doesn’t. But it doesn’t matter to us. You tell us what the rules are and we’re going to follow them, because we don’t want to lose the license. We want to partner up with people in other states who see the same vision we do which is, you got to be compliant. If you’re not a compliance company first, you’re not going to have a license too long. So, as long as you’re working within the rules and frameworks of your state, we can make products. We can make products that patients will learn to love and trust. Just tell me what those rules are.

TG Branfalt: For you guys, which emerging market is most exciting? I mean, New Jersey, it’s going to vote next month, along with a couple other states that are Florida. No, not Florida. Maybe …

Bob Eschino: Florida just approved edibles so that’s going to be an exciting state for us. California is still going to be the Mecca as soon as they figure it out. Even with a terrible system, California right now is the 800 pound gorilla. They outsell every state and they haven’t figured it out yet. But I’m excited to see what happens with the East Coast, because I spent a lot of years up and down the East Coast where they were banning hydrocarbon extractions and banning edibles. Those are the things that we do. That’s what we do for a living, and everywhere up and down the East Coast, those things were getting banned. So I spent a lot of time and a lot of years out there trying to talk to regulators to make them understand that hydrocarbon extractions need to be done by licensed manufacturers. People who understand it.

They hear the horror stories about people open blasting in their basements and blowing up their mom’s house, and we go, “You’re right. That’s the scary part.” But if you don’t make it legal for me to do it or another manufacturer to do it in your state, every kid with a PVC pipe and a coffee filter is going to open blast in their mom’s basement. So the products don’t go away, you just need to put them into the hands of people who have something to lose and who want to do the right thing. So you need to be able to do extracts, you need to be able to do edibles, because if you don’t, people are making edibles at home. They’re not tested. They’re not dosed properly. They’re not packaged in child resistant opaque packages. They’re not marked and stamped for when they’re out of the packages.

So all of you states who are afraid of these things happening, if you don’t put rules and regulations in place to allow a manufacturer to do that, you’re creating your own problem, because now they have to be made at home by people who don’t have the expertise to do it and who aren’t following these rules and regulations, and then they’re selling them on Craigslist. They’re not checking IDs.

Our competition, which I have said for a decade now, is not other licensed manufacturers, it’s the black market, and the gray market. That’s our competition. You need to figure out a way to build a robust system in your state that entices people to come into regulated shops and buy things competitively priced against the black market. Not against other licensed dispensaries. Because everybody buying cannabis in an unlicensed state has an illegal guy in their phone. That’s who they’re using. So that’s my competition. And if I don’t give you a better product at a better price, that’s tested and clean in a safer environment to buy it in, they’re just going to keep calling the guy they’ve called for the last 10 years.

And regulators, it’s hard for them to hear that and it’s hard for them to understand that. We’re not creating a cannabis market, the cannabis market’s already in your state. Do you want to regulate it? Do you want to make it safer? Do you want to create jobs? Do you want to create tax revenue for your state? We can help you do that. That’s the ultimate goal, is to make those things happen. But you’re taking the business from people who already have the business. So if you make it so impossible…

I forget where I was, I think it might’ve been Maryland. I was looking at the licensing fees and all of the things that you needed to do to start a business. But do you understand that with your current patient count, just to open the door, just to pay for your licensing fees, I need to make $500 off of every patient before I even sell them a product.

TG Branfalt: Wow.

Bob Eschino: Then you’re already killing your market. You need to be able to make these things affordable for patients and to make these things affordable for the adult use market. The reason you don’t make liquor in your bathtub anymore is because you can walk to any store, get any flavor, any color, any potency, so inexpensively. It doesn’t make sense for you to try to make those things at home or to risk your freedom for what amounts to be a $15 an hour job. The allure is there’s still big money to be made in illegal states and until that changes, until there’s federal regulations or all the states become legal, it’s hard to have a real industry.

TG Branfalt: Derek, what’s your reaction when you hear or you see a news story about somebody who blows themselves up doing these home extractions and then you hear government regulators or politicians come out and demean or sort of demonize the process? What’s your reaction when you see that cycle?

Derek Cumings: There’s two reactions. One of them is, I want ignorant people to become educated people. I’m happy to dedicate my time to helping those people. Then there’s another reaction to the people that have been educated and they’re just assholes taking advantage of propaganda. Because the truth is, you never hear anything about Pfizer running into problems because somebody blew up a trailer park making meth. No one’s going after any of the pharmaceutical companies that produce Adderall or any of those other amphetamine-based products based on what happens with the meth houses on the corner. So because in people’s brains it’s still a short skip from weed to drug dealer, they just take it.

I mean, there’s a bunch of things in our industry that that’s the same thing, like regulatory takings, for example. When they just closed my business, they just said, “Peace out.” They didn’t give a shit that I owed people money, nothing. And in the real world if they did that, they would have to pay me to at least fair market value of what they closed. But because weed is still sort of just allowed, those things aren’t taken… it’s treated differently and unfairly, but that’s the truth. And there’s a normalization that’s happening across the board and eventually it’ll all shake out, but certainly the difference in the amount of time has been hard to live through.

Like there was a time when there was absolutely one video on YouTube about making hash oil. It was a Rick Simpson video where he basically poured naphtha out of a can that had a skull and crossbones onto it into a orange Home Depot bucket and stirred that shit up with a fucking dirty broom handle. At the time, I was part of a early marijuana podcast called John Doe Radio. We had these people saying, “You should make a video, Derek,” and I was like, “Fuck no, dude.” I knew this was a dangerous thing I was doing. I was scared every time because I was open blasting. And I’m like, “I’m not making a fucking video about this.” And I would go and search, and search, and then another video pops up. And it’s a classic, where these kids put a pan of alcohol-based hash oil on the fucking burner in their oven. The pan splits, the alcohol floods the burner, and the dude’s screaming, “My house is on fire. My house is on fire.” It was hilarious.

In a legal market, where regulation was encouraged, I came up with some ideas. I bought five or six closed loop systems. None of those companies wanted to listen to me as a maker so I end up making my own system. And the system that we made is still in use today. It’s used by five or six of the biggest hash companies in Colorado. It’s a passive unit that has no pumps or ancillary bullshit to go wrong with it. We just based it on simplicity and being able to keep running because we needed so much oil. And that’s why I said in the beginning I went and talked to the fire department. I was happy to help them.

And once somebody knows, they’re like, “Oh, my God. You think he was open blasting?” I still have people anytime there’s a fire or explosion they’re like, “Hey. Do you think this is open blasting?” And they’ll send me the news article and you can usually tell right away. Oftentimes in the newspaper picture, you’ll be able to see a telltale clue like, oh, this is going to be a BHO case. The kickback from it, it’s just unfair.

And like I said, if it’s somebody that’s just ignorant, when they learn they’re like, “Oh. It definitely should be regulated.” And if it’s somebody like Smart Moms, they already know and they’re just trying to use that story as propaganda to eliminate… There’s no putting toothpaste back in the tube. Just doesn’t go away. Like Bob was saying, it’s not going to… Just because you banned the… If you ban guns, only the fucking bad guys have guns. It’s not like anybody’s going to have a line for criminals to turn their shit in where they’re happy to say, “I heard these are no good anymore.” You’re just creating that opportunity. And sadly, you have a lot of…

Now, it’s even more dangerous because there’s a lot of illicit labs that are using closed loop systems that aren’t necessarily rated for a real market. There’s a couple of companies that that’s their entire job, and their existence in the cannabis space is determining which of these units are safe and which are not safe and certifying them as safe. And we got kids, they’re still in the homemade lab but they’re upgrading their equipment, but they’re not upgrading it to certified equipment.

And I’m almost more scared for those guys because they’re putting things under more pressure and they’re using more butane. The open blasting guys are sort of limited to a smaller amount. I’ve seen some accidents. There’s a terrible video of a closed loop accident, I think it was in New Mexico, that they used on the news and I’ve seen fire departments use it as propaganda and saying, “Look. closed loop still has problems.” Sure they had a closed loop system but if you watch the video carefully, the guy is using like a Wagner heat gun directly on the butane, and then when it blows up, he tries to run out the door and the door opens inwards. Immediately in my mind, I was like, “Dude. This isn’t a regulated situation.” This should be in a, you can’t use a heat gun. You can’t be in a doorway that comes inward. That’s definitely not a booth. They’re still using propaganda wrong.

Because the truth is, America, we cut our teeth doing dangerous shit. Going back into the 40s, 50s, and 60s, once we figure out how to do something, and then they make it safe. And it used to be, people had to die. This is the first case preemptively, they stepped in and they made all these regulations. We’re in like most, if not all, places where there’s regulated extraction, you’re under a Class I, Division 1 regulation, which is the most stringent environment regulation that you can get no matter what you’re doing. So if you’re following those rules, you’re, literally, at the very upper echelon of what OSHA and what federal regulations hold people expectant to. And I don’t think we have any deaths. So if you look back-

Bob Eschino: We haven’t even had a single explosion in Colorado in a licensed facility.

TG Branfalt: Really?

Bob Eschino: There hasn’t even been a severe accident, so-

Derek Cumings: And when you look at-

Bob Eschino: … we’ve done it correctly.

Derek Cumings: Yeah. When you look at industry, it’s a terrible tragedy, but it’s one that’s accepted because we need industry to keep moving. But if you look at how many people die in industrial accidents… We’re blessed that it’s been such a safe industry to work in but you need that groundwork. And there’s been places that said, “Oh. We’re going to leave that up to the people.” Nah. You can’t leave that up to the people, you just got to say, “Hey.”

And even in the beginning, people, they were wishy-washy between which way they were going to go. I was just openly advocating for them to give us a Class I, Division 1. Hey, just give us this because then everybody can achieve this level of compliance and that’s it. As a consultant, or a hash maker, or as a company, you need those concrete guidelines to be able to move forward. And especially if you’re trying to expand in other places, if you make things that are… I love it when they make universal regulations like, “Hey. Let’s just go with this Class I, Division 1 across the board.” I wish they would do it with things like every state has their own universal symbol. So there’s still some sort of… At some point, someone’s going to introduce federal regulation for universal cannabis guidelines but we have to get enough states on board and people behind that because you don’t want a whole mishmash of different regulations and I think we’re still trudging through those waters right now.

TG Branfalt: Well, I mean, it’s something they’re looking at. On the East Coast, the governors of Connecticut, and New Jersey, and Pennsylvania, and New York, have all gotten together and they sort of want to legalize all at once and end this whole thing. Anyway, we had to skip over a lot of stuff on this list. I definitely want to revisit this maybe with you guys individually at some point and get a little bit deeper into your stories because they’re so sort of unique and you guys have so much insight. But before we go, just briefly tell me what advice you guys would have for entrepreneurs.

Bob Eschino: I tell people whenever I speak, do the right thing. You’re a compliance company. If you’re not coming in to the cannabis space to follow the rules and do the right thing, don’t come. Because you’re not building a business, you’re building an industry. And I realized that eight, nine years ago, that people have literally given their lives and their freedom to get the ball into my hands. And my job is to not screw that up moving forward. My job is to make sure that the industry grows. That the industry moves forward in a responsible and respectful manner, because if it doesn’t, we’re not going to have cannabis be available across the country to patients.

Just like Derek was talking, you’ve got to do the right thing because every at-home explosion is a black eye for the industry. So we’ve got to pull those things out of the conversation. And we have to make sure that as an industry and as companies coming into this industry, that we’re doing the right thing so the next state can become legal. And so the country can become legal. So we can grow the industry to a point where patients can get their medication.

TG Branfalt: What about you, Derek? What do you say to entrepreneurs?

Derek Cumings: I would say… It used to be… My advice was more simple because I would just tell people keep your eye on the prize and be willing to grind and there’s no weekends. All of that. But everyone should already know that. If you have a dream and you want to make something work, those are the things that everybody that… If you are a true entrepreneur, you understand that hustle and you’re getting home from your job and you’re busting your ass until, I don’t know, if you have to feed your kids, or if you don’t have kids until you have to go to bed and you’re up late and you’re always on that grind. I hate to say it but even if you have that spirit, you still need to have a couple of things go your way. I would say you need to get lucky but a lot of times luck is just opportunity presented to somebody who’s prepared.

So I would say one of my best pieces of advice is pick your partners wisely because it’s rare that if you’re the entrepreneur, if you’re the idea guy, you probably don’t have the partners lined up or the backing, you just got your one little dream and you’re holding onto it or you’re doing it yourself, or you’re trying to move forward. You got to pick your partners wisely for where you want to go and what you want to do. A decade ago, I picked these guys out because I thought, “Hey, man. I had a dream at one point that my candy bars were going to make it into 7/11,” and then I got snuffed out completely. People tell me, “Man, you have a small piece of that pie over there,” and I’m like, “Dude, I would much rather have a small piece of this giant pie than my empty pie tin.”

I lost my opportunity and was sort of on the verge of… Several times in this weed thing, I’ve looked at it like, I’ve given up. I’ve wanted to give up like, “Oh, man, I missed it. I missed it.” And then I realize, oh, man, all we’re doing is still… Everybody’s still just warming up and jogging around the block and tying their shoes, getting ready for the marathon. Nobody missed anything yet. Still today. There’s still opportunity to really get out there.

But you got to pick people that you trust and that have the same sort of like goals in the beginning because, like I said, when I met these guys I pictured it being a nationwide brand and through these guys we’ve partnered up with everybody. All of the bigger fish above us that now are in the show. And incredibles will be one of the biggest brands ever and we’re working on these other brands and it’s just a playground now. But if I didn’t make a deal where I had to have faith that these guys were going to do the right thing… It took, like I said, eight years to work it out. And I see people that work on something for two months and they think that their time’s up. You got to put in time if you want something. I went from the state telling me I should just draw disability to, in my mind starting one of the most important brands in cannabis, and I couldn’t have done it if I didn’t have the right partners.

TG Branfalt: I’ve asked that question probably for three years now and it’s rare that you get sort of answers that are differently the same from people who have worked together for so long. I think that throughout this conversation it’s very apparent how passionate you guys are. Not just about the industry but the relationship to your brand and your company. I really want to thank you guys for being on the show. I really do hope that we can have another conversation, be it with you guys, or the other partners, or individually because, as I said, 10 years is a lifetime in this industry. You look at Maine, Vermont, they just come online, they just passed legalization sales, respectively, and a lot of those businesses aren’t going to be around in 10 years, and we know that, so congratulations on your longevity celebrating 10 years in a-

Bob Eschino: Thank you.

TG Branfalt: … very sort of strange industry. I definitely hope to have you guys on the show again and keep an eye on everything you’re doing.

Bob Eschino: And as these states go legal, we want to help. We’re looking for licensed partners. We can bring 10 years of experience to your licensed company to help you grow and to help you do the right things. That’s what we do now. We’re already established here in Colorado and we’re ready to take Nove, which is high-end filled chocolate, and our Quiq line which is fast-acting. We want to take those products to new states and we want to help people do the right thing and get medicine into patient’s hands. You can go to medicallycorrect.com and check out the website and see what we’re doing. It’s been great. Thanks for having us.

TG Branfalt: Bob Eschino is the co-founder and president, and Derek Cumings, the co-founder of Medically Correct, a Colorado-based firm whose brands include incredibles, Quiq, trupura CBD, Clear Creek Extracts, and Nove, which sounds delicious and is coming this winter.

Bob Eschino: It’s pretty good.

TG Branfalt: You can find more episodes of the Ganjapreneur.com podcast in the podcast section of Ganjapreneur.com on Spotify and in the Apple iTunes Store. On the Ganjapreneur.com website, you will find the latest cannabis news and cannabis jobs updated daily along with transcripts of this podcast. You can also download the Ganjapreneur.com app in iTunes and Google Play. This episode was engineered by Trim Media House. I’ve been your host, TG Branfalt.

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Study: Cannabis Legalization Increases Junk Food Sales

Adult-use cannabis legalization leads to increased junk food sales, according to a study published in the December 2020 issue of Economics & Human Biology journal. The study found junk food sales rose 6.3% in terms of sales and 5.1% by volume following adult-use reforms.

Georgia State University economist Alberto Chong, one of the study’s authors, said that while the “consensus today” is that cannabis “does no harm,” there are “unintended consequences” to the reforms “and one of them is the fact that you really get very hungry and you start eating crap,” he said in an interview with the Academic Times.

Chong, along with co-author Michele Baggio of the University of Connecticut, used county-by-county population data from Colorado, Oregon, and Washington – the first states to legalize cannabis for adult use – as well as Nielsen Retail Scanner data from 2006 to 2016 for convenience store, drugstore, and grocery store junk food sales. The researchers controlled for demographic factors such as race, the average age of the population, unemployment rate, and education.

“Specifically, in counties located in [recreational marijuana legal] states monthly sales of high calorie food increased by 3.2% when measured by sales and 4.5% when measured by volume when using our preferred identification strategy.” – “Recreational marijuana laws and junk food consumption,” Economics & Human Biology, Dec. 2020

A 2019 working paper of the study found legal cannabis increased ice cream sales by 3.1%, cookies by 4.1%, and potato chips by 5.3%, according to the report.

Chong and Baggio are also the authors of a 2017 report – again using retail scanner data – that found monthly alcohol sales in counties where cannabis is legalized fell, cumulatively, 15%.

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Cannabis In 2021: What Do the Election Wins Mean?

The cannabis legalization movement counted major wins in the 2020 U.S. General Election and a President-Elect Joe Biden, whose campaign included a platform of cannabis decriminalization and expungements, could dictate a national shift in both policy and public attitude towards the plant starting next year.

Heading into the election, cannabis was already legal for adult use in 11 states. By January 2021, possession and sales will be newly legal in Arizona, Montana, and New Jersey after voters there opted to end prohibition — and by July, South Dakota’s new market will have come online, as well. In nearly all respects, 2021 could shape up to be an enormous year for the ever-growing cannabis space.

States are a roadmap for federal change

With the latest cannabis reforms being propelled by widespread bipartisan support, it’s possible the newly legalized states could be a driving force for federal reforms.

“With more states configuring the regulatory mechanisms in place, it’ll set a roadmap on the federal level for successful legalization,” said Al Harrington, entrepreneur and former pro basketball player behind the Viola cannabis brand. “When we understand what works and what doesn’t, the knowledge required to create a smooth transition also brings us closer to federal legalization.”

Al Harrington, former NBA star and the CEO of Viola.

In fact, within a month of the election, the U.S. House of Representatives passed the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, which aims to end federal cannabis prohibition. It was the first time that a federal congressional body considered and approved a cannabis legalization bill. However, while the House vote was exciting for cannabis activists, any hope for the bill’s survival will depend on Democrats’ ability to take control of the Senate, as the current majority leader Sen. Mitch McConnell (R-Kentucky) has made it clear he will not allow the chamber to consider a legalization bill.

However, despite Sen. McConnell’s staunch opposition, Nick Kovacevich — CEO of KushCo — doubts that even Republican representatives will be willing to vote against cannabis reforms much longer for fear of alienating voters.

“The voters have spoken loudly in support of legalizing marijuana. When federal politicians saw red states like Arizona, South Dakota, Montana, and Mississippi pass legalization with overwhelming support – with more votes than either presidential candidate – this changed their mindset on cannabis.” — Kovacevich, in a statement to Ganjapreneur

Federal lawmakers may face backlash

While addressing the House floor on December 7, 2020, Rep. Earl Blumenauer (D-Oregon) chastised his colleagues who would not support the MORE Act, which a Congressional Budget Office report shows would “reduce 73,000 person-years of prison time” and “increase revenues by $13.7 billion.”

“It would provide $3 billion for job training and legal aid to people harmed by the war on drugs,” Rep. Blumenauer said. “While doing all of this, it would reduce the Federal deficit by $7.344 billion.”

“Even if you don’t care about reducing the damage to Black and Brown Americans or honoring the will of the people, the economics make it clear: Once again, the people are right, and the policy deserves strong congressional support.” — Oregon Rep. Earl Blumenauer, in a statement

U.S. Rep. Cheri Bustos (D-Illinois) is already facing scrutiny for being one of just six House Democrats who voted against the MORE Act. For her part, Rep. Bustos claims she voted no because the bill lacked clarity and she cited her history of voting for the SAFE Banking Act (which aimed to give banking access to the cannabis industry) and other cannabis research legislation to demonstrate that she’s not anti-cannabis.

Despite such statements, however, some constituents were disappointed and confused by her vote against federal legalization — especially considering that her home state of Illinois has already legalized. And, with cannabis legalization becoming a more and more bipartisan issue, it’s easy to see how other representatives, even in conservative-leaning states, could be subject to similar scrutinies.

States looking for new revenue

Many Americans have expressed hope that by regulating the cannabis industry, states will be able to boost their economies — particularly amid the fallout and deficits from the ongoing coronavirus pandemic. In California, for example, the state netted $134.9 million in cannabis tax revenue during just the first quarter of 2020. Illinois cannabis tax collection, meanwhile, reached $100 million after less than a year of adult-use sales. And in 2019, five years after becoming the first state to legalize, Colorado’s collected cannabis taxes passed $1 billion.

For potential East Coast and New England markets in particular, the idea of new tax revenue is especially attractive as new markets will get the first go at regional market share as they attract residents (and therefore revenue) from neighboring states, according to Patricia Baldwin Gregory, general counsel for Keystone Canna Remedies.

After New Jersey legalized, for example, “The pressure is now on other states in the region, such as Pennsylvania, New York, and even Connecticut to also legalize adult use,” she said. “Otherwise, they will lose significant tax revenues to New Jersey as customers cross state lines to purchase cannabis.”

“The population in the Northeast equates to the aggregate population in the adult-use states of California, Oregon, Washington, and Colorado. Projected sales for these Western states in 2020 is approximately $8B representing approximately 50% of the entire US industry .While initially, the Northeast is not likely to produce the level of sales seen in the mature Western markets, over time they will rival them and consequently move the needle significantly.” — Gregory, in a statement to Ganjapreneur

Cannabis reforms could bolster a COVID response

To many experts, legalization offers unique economic opportunities after an extremely difficult year.

“The economy is in desperate need of jobs and tax revenue,” said Kovacevich, and “cannabis has (dollar for dollar) a greater impact on the US economy than virtually any other industry.”

“First off, its effective tax rate is near 25% across the country,” he said. “Second, 100% of the cannabis sold in the US is grown, packaged, distributed, and sold via US-owned businesses, employing 100% US citizens. Other industries rely on foreign imports and outsourced labor.”

As Kovacevich mentioned, taxes are just one way that legalization will bolster local economies — the implementation of a regulated market also provides local jobs in a year that many have found themselves suddenly and unexpectedly unemployed. According to a Leafly jobs report, employment in the cannabis industry is growing 15% year-over-year. As of now, the adult-use and medical cannabis markets support 243,700 jobs, having added 33,700 new jobs in the last year despite the challenges posed by COVID-19.

Many cannabis industry leaders and entrepreneurs feel like the pandemic year has helped validate the space in the public’s eye.

“With the evidence of dispensaries being listed as essential businesses, it’s clear [to consumers] that this industry is financially resilient,” Harrington told Ganjapreneur. “It then makes the case to expedite the path towards federal legalization. The business boom during such a devastating crisis means that there’s a lot of opportunity to generate prosperity in our economy. We’ll see massive GDP growth from tax revenue and more new businesses entering the marketplace.”

As we head into 2021 it is likely that even more voters will express their support for legalization, pushing the already majority-support among Americans closer and closer to a supermajority. If representatives are truly speaking for the people, they will soon have no choice but to legalize — or at the very least decriminalize — cannabis at the federal level.

 

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US Cannabis Sales Approach $18 Billion, Up 67% from 2019

Both medical and recreational cannabis sales in the U.S. increased 67 percent in 2020 compared to 2019, according to a Leafly analysis of state tax and revenue data. Total cannabis sales have reached $17.9 billion this year, $7.2 billion more than the previous year’s sales.

The “main driver” of the increase, Leafly says, was an increase in the average purchase size of established customers, who upped their monthly cannabis buys between 25% and 40% on average.

Nine states – Arkansas, Connecticut, Florida, Illinois, Maine, New Jersey, North Dakota, Ohio, and Pennsylvania – doubled their cannabis sales from 2019, the report says. Maine, notably, finally launched adult-use sales after nearly four years of delays and medical cannabis sales subsequently surpassed potato, hay, wild blueberry, and milk sales to become the state’s most lucrative crop. Florida’s medical cannabis sales topped $1.2 billion this year, making it the fourth-largest cannabis market in the U.S. this year, trailing only the adult-use states of California, Colorado, and Washington, according to the report.

Leafly estimated the final weeks of cannabis sales by “assuming an average of the past three months of revenue figures,” but plans to publish a full account of the year’s sales figures in their annual Cannabis Jobs Report which the company plans to release in February.

Several states have reported increased sales amid the coronavirus pandemic, which has led to stay-at-home orders and economic shutdowns throughout the U.S., however, cannabis businesses by-and-large remained open as essential services. For example, from February to August, Pennsylvania dispensaries reported a 70% increase in weekly patient visits, while New Mexico cannabis sales increased 55% over the first six months of the year.

During the General Election – and amid the pandemic – voters in six states approved either adult-use or medical cannabis legalization measures.

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Will Read: Normalizing Cannabis Through Smart Marketing

Between strict regulations that vary from state to state and the long-lasting remnants of anti-cannabis rhetoric and stigmas, cannabis marketing is an inherently tricky job. The challenge, however, has prompted experts like Will Read — whose company CannaPlanners is dedicated to helping cannabis entrepreneurs find success despite the odds stacked against them — to prioritize simple aspects of brand building, such as a professional and inclusive brand experience.

Will recently joined our podcast host TG Branfalt to discuss cannabis marketing strategies, the prospects for an adult-use cannabis market in Vermont and other New England states, Will’s advice for what makes a strong cannabis brand, and more!

Tune in via the media player below or scroll down for a full transcript of this week’s Ganjapreneur.com Podcast episode.


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

This is why we created the Ganjapreneur.com business service directory, a resource for cannabis professionals to find and connect with service providers who are cannabis friendly and who are actively seeking cannabis industry clients. If you are considering hiring a business consultant, lawyer, accountant, web designer, or any other ancillary service for your business, go to Ganjapreneur.com/businesses to browse hundreds of agencies, firms, and organizations who support cannabis legalization, and who want to help you grow your business.

With so many options to choose from in each service category, you will be able to browse company profiles and do research on multiple companies in advance so you can find the provider who is the best fit for your particular need. Our business service directory is intended to be a useful and well-maintained resource, which is why we individually vet each listing that is submitted. If you are a business service provider who wants to work with cannabis clients, you may be a good fit for our service directory. Go to Ganjapreneur.com/businesses to create your profile and start connecting with cannabis entrepreneurs today.

TG Branfalt: Hey there, I’m your host TG Branfalt and thank you for listening to the Ganjapreneur.com podcast, where we try to bring you actionable information and normalize cannabis through the stories of ganjapreneurs, activists, and industry stakeholders. Today I’m joined by Will Read, he’s the founder and president of CannaPlanners, a Vermont-based website and marketing company specializing in the needs of the cannabis industry and this is Will’s second time on the podcast. And so I guess that makes you a friend of the show.

Will Read: It’s my third time, but who’s counting.

TG Branfalt: We’re not going to talk about the lost ‘second episode.’

Will Read: Yeah the infamous last pizza tapes.

TG Branfalt: So, before we sort of get into this episode, man, just remind people about your background and how you ended up in the space.

Will Read: Sure. It’s great question. I think like a lot of guests I’ve been a casual participant in the cannabis community for almost my entire life, so I’ve always had a passion there. I started CannaPlanners in 2015 after coming out of an agency that was dedicated to sort of supporting a specific part of a specific industry, nothing to do with cannabis, but they were experts in marketing and creating digital experiences around this one part of an industry. So in Vermont, as legalization started to percolate in the early 2010s, I started to do a little more due diligence, a little bit of entrepreneurial research into kind of where I might fit into this thing. I think a lot of people are because there’s no book on this thing and there’s very few people saying, “Hey, come on in and let me show you how to be part of this industry.”

A lot of us have to figure it out on our own. I think we all do. So it was really doing a little due diligence. I took a trip out to Colorado to see what their legal market was looking like and the first thing that hit me was at the time, lack of experience, and this is everything from conceptual branding, packaging design, and especially in-store experience. I had a short career…well, not short. I was with Apple for about six years. So that Kool-Aid, I definitely drank that Kool-Aid about the importance of experience and even the psychology behind opening a package is far more important to the consumer than what’s actually in the package.

So going out to Colorado and now of course, everything everywhere kind of looks like an Apple store, but back then there was nothing but opportunity. So I started CannaPlanners and we started as a web agency — websites are the other biggest part of what we do. And that’s where we really started from, we developed a platform that we could sell affordably to cannabis companies, lots of mom and pop startups, lots of farmers, things like that in order to get them online quickly, right? And efficiently, and then quickly as we started building websites, the thing I immediately saw the need for was the actual creative, because people were still coming to us with subjectively or objectively, depending on your point of view, bad branding. So we started doing a lot of creative work and really helping companies that way. I don’t even know if I answered your question, but there was a bit of it.

TG Branfalt: Yeah. What do you sort of define in your estimation as bad branding?

Will Read: This is a great question. So I don’t want to be flippant in kind of the way I speak about it, but what I really mean is, so our mission, our superhero goal is normalization. We want this market to succeed. We want this industry to succeed and as I’m sure you know and as I’m sure any of your guests would attest or listeners would attest to, the market is still small, it’s very, very boutique. It’s only in a handful of states and of course we’re not even really talking about CBD yet, which is obviously in a boom. So all of these aspects and really the “normalization”, I think a lot of that can be accomplished. And really what I mean is the acceptance by older generations, by younger generations, just people who’ve been “brainwashed,” I’m using air quotes on Zoom, but brainwashed through the war on drugs, through rhetoric, whatever, to have a certain opinion about cannabis.

And traditionally, a lot of businesses have towed the line and really sort of marketed towards themselves towards the stoner culture and I appreciate that. I’m part of the stoner culture. I’m a stoner, but I’m also totally keenly aware of the potential that this industry has as it’s only touching a razor-thin margin of the entire potential marketplace.

So really what I’m saying is how can we move… When I say bad brands, really what I mean is, “How do we make brands more accessible?” That’s all I’m saying. When you see certain imagery and unfortunately it’s things like the cannabis leaf, it’s been stigmatized. The bright green cross, or even that neon green, a lot of these things have, again, we’re talking about psychology here, but they have a certain psychological effect that can do really one of two things, speak to one specific person and/or turn off the rest. Right? So we want to, our goal is just to really create professional, good-looking brands that can be applied to a cannabis space. And hopefully a little bit more broader of a consumer base.

TG Branfalt: Tell me a little bit more about how branding can help normalize cannabis. I mean, I understand what you’re getting at in terms of sort of this imagery, but sort take it a step further for me because this is really, really interesting.

Will Read: Sure. Yeah. So I think going back to my life at Apple, that unboxing. I can remember when iPad came out and for two weeks before iPad came out it was at a time when the Apple employee would actually unbox the thing for you and draw back the curtain. And there’s this whole allure around consumer products. And I think that’s something that cannabis has to some extent, but it needs even more just in terms of, again, bringing it to a more interesting place, not pigeonholing it or keeping it in line with the ways of the past. We’re just trying to break out of that.

So I think a specific logo for sure is important, but it translates to the whole thing of what we do. So for our retailers. It’s like, okay, we’ve built you this cool logo, and it’s on this awesome website that we’re maybe, excuse me, helping drive traffic to, but what are the rugs in the store? What kind of displays are you getting? How is this whole thing cohesive to an experience as opposed to just being a logo? You know what I mean?

TG Branfalt: Yeah. So since our last interview two years ago, you had started the company in 2015, as you said, our first real conversation was in 2018. You’ve been in the industry for a few years. It was still it was the year that Vermont legalized. And so we had talked quite a bit about that and the CBD and hemp market wasn’t as large as it is now.

Will Read: Oh, man. Yeah.

TG Branfalt: So tell me about how your business has grown since our last interview two years ago.

Will Read: Insanely. And really we’re just busy. Okay, so CBD has fundamentally changed our company. We’re now far more stable than maybe other startups that are kind of point are, luckily people are looking to start and especially during COVID, right?

TG Branfalt: Yeah.

Will Read: We can get into that too, but COVID has actually had a pretty positive impact on CannaPlanners. People are being entrepreneurial because they’ve lost their jobs and they’re stuck at home.

TG Branfalt: Wow.

Will Read: So it’s a big… Yeah. So since the last time we chatted at NECANN or whatever, around the time, yeah. So the CBD industry specific because we’re a Vermont company. So that’s where we started a lot of our clients, a good deal of our clients are in Vermont. A good deal of them are farmers who traded in the dairy cows for hemp fields. So it was about helping them kind of a brand and for people in Vermont, there’s a certain allure to the Vermontiness of kind of how we… So we do plenty of CBD products. We’ve designed, I think in the last… So in 2019, catch me at the end of 2020, which I guess is soon, but last year we probably built around 28 brands, several hundred product designs. I think we launched something like 40 websites.

TG Branfalt: Wow.

Will Read: This year we’re definitely on track to double all of that.

TG Branfalt: Seriously?

Will Read: Oh yeah.

TG Branfalt: That’s immense growth for a small company.

Will Read: I love it. And not for the competition, there’s a competitiveness to being an entrepreneur and having been through my share of 9-5’s and failed entrepreneurial ventures, it’s awesome when something hits and there’s a huge potential market out there that we’re not talking to. So right now our goal is we’re scaling up. So for us that means really new people, new talent, we’ve hired a new designer, we have a new vice president of marketing, we have new salespeople. So we’re trying to expand. Because we’re just a digital company, we have clients all over the place, but we really want to focus on some of these really growing like crazy markets, California, Colorado, all these places.

TG Branfalt: So in the time, since our last two years, as an entrepreneur, what have you learned since our last interview as someone who’s growing business in this industry?

Will Read: Yeah. The one thing, and I don’t even know if this is a good answer to your question, but I would say the most important thing I’ve learned is how and when to step outside of my comfort zone. So for entrepreneurs it’s really, and I guess like anything in life, but for entrepreneurs it’s really easy to get complacent and maybe not be so open to trying new ideas or even doing things like four years ago you would never have caught me on a podcast. Or not four years ago, I was definitely on a podcast four years ago, but prior to CannaPlanners, you wouldn’t catch me doing this. It’s way outside of my comfort zone. It’s not who I was.

So you have to kind of evolve and stepping outside of your comfort zone, getting in front of people, being able to do all this client work and then confidently look back at it when I’m talking to new people and say, “Hey, I’ve built this thing with a team of insanely amazing people who have a incredible level of expertise. How can we help you kind of be better?”

TG Branfalt: What do you look for when building these teams?

Will Read: You’re going to think I’m so lame with this answer. The answer is, “How cool are you?” Seriously, that’s it. If I can’t vibe 20%, you know what I’m saying? If it’s weird, it’s so important, and I’ll tell you why. That is such a lame answer, but it’s true. And the reason is because while I’ve told you how we’re dedicated to normalizing the industry and how I’ve told you about how we’re doing all these cool things, what we really want to do is give good customer service. That’s it. We have these sets of services that we do, but really what we want to do is provide good customer service. Well, you, but maybe you’re not going to be surprised at this, but your listeners might, customer service in the cannabis industry I would say is generally not so great.

You have some people who are doing it right, but because of where the industry is, it’s still very nascent. It’s still very new. People don’t have the same sort of business acumen as maybe other industries you’re accustomed to. There is an opportunity just to be a group of cool people who can empathize with business owners who are trying to do something that’s never been done before. So that’s it. I want to find cool people who understand the vision of what we’re trying to do and who are happy to empathize and relate to our clients. It’s the most important thing.

TG Branfalt: How are you preparing your company’s growth as the Northeast, where you’re based, is on the verge of really blowing up, right? Sales commence in Maine here pretty shortly.

Will Read: Couple days.

TG Branfalt: New Jersey is very likely going to legalize during the election, New York’s going to follow, Connecticut‘s been talking about it, Rhode Island.

Will Read: Yep.

TG Branfalt: I mean, you name it. How are you preparing for that growth?

Will Read: Well, this is another… You’re good at this, Tim. You always have good questions. This is a really good question. I think one of the things, and I’ll answer this as an entrepreneur, one of the things that really attracts me beyond all the stuff I’ve been talking about, one of the things that really attracts me to the cannabis industry specifically is it’s infancy. So we can only scale as quick as the industry does. So I’m happy to take… Not that we are taking it slow, but I’m happy to evolve with California and Colorado and from all these states that have already passed. There’s what? I don’t know what it is now, but 27 medical States and I don’t know, 12 or 13 recs, something like that, whatever it is. There’s 50 total States.

TG Branfalt: Yeah.

Will Read: So, and then a whole world that’s going to follow suit of whatever the United States does. At some point, maybe, I don’t know, we’re maybe losing our edge here, but so yeah. That really excites me. It’s we can scale responsibly as soon as Jersey hits, well, we’ll have a stronger Jersey outreach. Same with same with any of these States. So right now we’re going to focus on New England, or we are focusing on New England. Maine has been very active for us because, like you said, we’re basically two days away. We’ll see what happens. But two days away from the first rec store to open in Maine. There’s plenty more so, yeah.

TG Branfalt: So, I mean, I know that you’re not a company that touches the plant and you don’t have a lot of the challenges that those firms do have. I mean, even hemp businesses face a lot more challenges than sort of ancillary companies, but what are the challenges for you operating a digital marketing business in sort of the gray market that is Vermont. And I don’t want to call New York a gray market, but the hemp only in medical industry here, what are some of the challenges that you face with those?

Will Read: Totally. So any… And I’m using air quotes again here on Zoom, but any kind of let’s say non-cannabis business, just any other industry business has access to, I mean, you name it when it comes to marketing, you want to put a billboard up? Great. You want to buy TV? You want to be on the supe? Whatever. You want to advertise on Facebook and Google? Great. Even CannaPlanners, and it’s because the company’s called CannaPlanners, That’s the only red flag, we don’t touch a plant, but I can’t even advertise on Facebook.

TG Branfalt: Really?

Will Read: Really. Yeah. So I’m okay with that. I’m actually okay with that. But so the answer is there’s plenty of hurdles and that’s part of the excitement of an infant industry is we get to solve a lot of these problems. I would say one that I can speak to fairly recently was the entire CBD industry, retail, consumer market goods, was affected two years ago when the only viable non-high risk payment merchant cut the cord.

TG Branfalt: Yeah.

Will Read: So we took it upon ourselves to form a relationship with Square. This is when they started and quickly canceled their pilot program. So I booked a ticket to San Francisco and went out there and really tried to explain what was going on in this industry to whoever would listen. And not only that, but how CannaPlanners had a level of responsibility before Square in the vetting process. We want to work with reputable people who are doing meaningful work, and we’re only going to work with meaningful people who are doing reputable work.

So how do we iterate that to a big humongous company like square? Luckily for us, it was something they agreed to. So the marketing side of it, it has challenges. So, again, we’re taking it slow. We’re not doing Facebook ads. We can’t. And I don’t want to nefariously circumvent algorithms even, that’s not a standard of kind of doing business that we want to follow. If we’re going to do it, we’re going to do it right. So we focus on really content, building good content for our clients on top of the beautiful websites we build them using the awesome brands that we build for them when it happens.

TG Branfalt: This question might seem a little bit strange, but a lot of people might not know that in Vermont, you’re not actually allowed to, billboards are forbidden on the —

Will Read: It’s the only state without a McDonald’s in the capital city. Did you know that?

TG Branfalt: I did know that.

Will Read: Okay.

TG Branfalt: Do you think that sort of having to deal with that restriction, that long-standing restriction, maybe put you in a sort of unique position to sort of walk this forbidden sort of marketing line?

Will Read: Hmm. I haven’t really considered that. I would say probably, maybe it had a small influence, but probably if I’m being honest, the way that we have been scaling out CannaPlanners has really been a response to our clients. Not so much the things going on outside of our bubble. Of course we’re following regulation where it needs to, we are definitely setting a bar when it comes to that, in terms of what we expect of our clients. We want them to be transparent. We want them to be transparent straight up.

So, yeah. I think all of the things that we’ve done, even creative and then marketing, and then what we’re growing into now, which will be email marketing and social media management and all these other kind of viable digital marketing tactics, we’ll grow into them, but we’re really just responding to the client needs right now. And it’s slow in some cases. The strategies I mean, the strategies are slow.

TG Branfalt: Tell me about sort of building a company in a small Northeastern state, do you think that that is a benefit or a detriment, because people may see, “Oh, this is a small firm in Vermont. Why don’t we go with the big guy in California?” What do you think? Do you think it’s a detriment or?

Will Read: No, not at all. I would say it for-sure works for us. And I think more applicable to your question then where we are in the geography of the country is where we stand in the timing of the industry. So my competition, our competition, there’s agencies doing what we do to some extent or another. There’s not many. With that said, look outside the cannabis industry, there’s a million word press agencies and design, there’s all of these things. There’s a huge creative world out there. It’s all about digital marketing, everybody and their grandmother does… You know what I’m saying?

TG Branfalt: Yeah.

Will Read: So I think it’s about timing. And in some instances we’re also building a brand. I think if I were to be completely honest, being synonymous within this industry for the things that we do would be incredibly amazing.

TG Branfalt: And so you mentioned that you personally can’t market because of your name and these sort of issues.

Will Read: Yeah.

TG Branfalt: So what do you do to get your name out there?

Will Read: Totally. Well, we work with people like you. We work with the team at Ganjapreneur, for sure. It’s an amazing resource for us. We’ve done an incredible amount of outreach just through some very passive marketing through Ganjapreneur, it’s been great. So there are a couple of hubs like this that allow us to sort of put our name out there. Of course, we’re not at NECANN this year, we’re not at BizCon this year. We’re not at CannaCon, we’re not at any of these this year.

TG Branfalt: Yeah.

Will Read: So I think a large part of what we’re going into for ourselves is kind of practicing what we preach. And we’re starting to expand our content creation. We’ll be building out more video resources just to sort of engage directly with whatever our community, but also to have a lasting resource for other entrepreneurs who are looking for these types of things.

When I first started off, I was going to the old Ganjapreneur website and doing that whole thing and you go on Reddit and you know what I’m saying? You try to network, and this goes back to stepping outside of the comfort zone. You got to go meet new people. You got to, for sure. It’s the most important thing. So right now, we’re doing advertising through you guys. Most of our marketing dollars have kind of pushed back, have been drawn back in so that we can use them for sales outreach and doing more proactive sales outreach. But, yeah.

TG Branfalt: How big of a loss — and the events that you had mentioned they’ve been canceled because of the coronavirus, how big of a loss has that been? Because when I went to NECANN, and I had met you prior to NECANN anyway. I mean, it was massive.

Will Read: Yeah. Massive.

TG Branfalt: And it was full and it was bustling. I mean, how big of a loss has that been you think?

Will Read: Well, financially, those things are expensive, but it’s important to again, get out there and meet people and try to retain business. But for us in this industry, it’s more than that. We’ve got this burgeoning community of a lot of great people who are trying to do cool stuff. And that’s kind of what I miss is I’ve got a group of friends who I only see, it’s like fish shows or dead shows or whatever. You only got the group of friends that you see at those shows or at the trade shows or whatever. So that part I miss.

TG Branfalt: So when somebody gets in touch with you, what’s the most common question that you get on that first sort of outreach?

Will Read: Well, if it’s not, “How can we start building our brand?” We’ve been getting a lot of outreach regarding social media, paid social media and yeah. It leads to a larger conversation about those rules and regulations, those terms of services, that those kinds of companies enact, but also, “What are other companies doing? What are they doing in place of this? Can I talk to you about SEO? How’s your website? Do you even have a social media account? Do you have an Instagram account?” So a lot of these things, the industry is ripe with eager business people. And a lot of them are jumping in for the first time. Right? So there’s a lot of just basic consulting work that we get hit up for. Just, “How do I start a company?” I can’t help you there, but I can help you make it look awesome.

TG Branfalt: So what’s your advice for those really early-stage entrepreneurs who reach out to you with these sort of issues?

Will Read: Can’t stop, won’t stop. You’re going to run into your haters, you’re going to fail, you’re going to have days where you’re like, “What the hell am I doing?” And it’s about pushing through those days. And my perspective is purely in the cannabis industry, man. This is what I know. We’ve been doing this for a little while. And I-

TG Branfalt: Five years is a lifetime in this industry.

Will Read: Yeah, it feels like that. For sure. But I think that you have to have that mentality as an entrepreneur, but you have to especially have that mentality as a cannabis entrepreneur, because the odds are stacked against you. I don’t know if everybody has forgotten this, but cannabis is federally illegal.

TG Branfalt: Is it?

Will Read: Right. Did you know?

TG Branfalt: I seem to forget that quite frequently.

Will Read: Oh, yeah. On the regular, but that’s a big thing. This could come crashing down at any second and it’s about, excuse me, but not giving a fuck about that. You have to get beyond that and dig into the work because it is meaningful. This is happening. So can’t stop, won’t stop.

TG Branfalt: Man, we’ve known each other for a while and then it’s not like we speak on a very regular basis.

Will Read: Yeah, sure.

TG Branfalt: But you offer this sort of very forthcoming, very solid insight, that a lot of people they try to dance around sort of their strategies and that sort of thing.

Will Read: No.

TG Branfalt: And you’re just like, “Here it is, guy.”

Will Read: Yeah.

TG Branfalt: So I really appreciate that about you.

Will Read: Well, thank you. That’s a very nice thing for you to say. And I think that there’s value to me being direct. It’s not wasting time, it’s display. I mean, you’re looking at me and we’ve had this conversation a few times at this point, I’m still passionate. I love what I do. I’m excited to end this podcast so I can go back to work. Not really, but that’s the thing is I love what I do and I have experience in it. So I want people to understand that or part of just my directness or just my enthusiasm is that there’s a bit of a fluctuating formula that can be applied to this industry. And we got a good track record. Let’s go and crush it. Let’s go get it. It’s out there. Let’s make a thing.

TG Branfalt: So I am going to let you go and let you get back to your work, but before I do, man, tell the people how they can find out more about you and give the people what they want.

Will Read: Yeah. We’re on Myspace, we’re on Friendster. You can get my Tinder. No. You can find us on Instagram. We’re @CannaPlanners, CannaPlanners.com. Those are great places to find us and we’d love to hear from you, for sure.

TG Branfalt: Cool, man. Hey man, I really appreciate your time today and hopefully we’ll have another conversation in less than two years and there’ll be a bustling industry in Vermont and we can meet on the boat and just chief out. And even though they probably won’t allow that, because we’ll still be going.

Will Read: Oh, I’ve been doing that since the nineties.

TG Branfalt: Oh, man. That’s Will Read, he’s the founder and president of CannaPlanners, a Vermont-based website and marketing company that’s specializing in the needs of the cannabis industry. Man, thank you so much for being on the show and…

Will Read: My absolute pleasure. Thank you for having me.

TG Branfalt: You can find more episodes of the Ganjapreneur.com podcast in the podcast section of Ganjapreneur.com on Spotify and in the Apple iTunes store. On the Ganjapreneur.com website, you will find the latest cannabis news and cannabis jobs updated daily, along with transcripts of this podcast. You can also download the Ganjapreneur.com app in iTunes and Google play. This episode was engineered by Trim Media House. I’ve been your host, TG Branfalt. (Silence)

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Curaleaf Reports Record Revenues, Names New CEO

Curaleaf reported record financial and operational results for the third quarter of the year with pro forma revenue of $215.3 million, and year-to-date managed revenue of $419.6 million, including third-quarter revenues of $193.2 million – a 164 percent increase.

The firm indicated an approximately $46,934,000 gross profit increase from cannabis sales from $42,735,000 in Q2 to $89,669,000 in the third quarter. The company also reported a 51 percent increase in adjusted EBITDA from $27,994,000 to $42,295,000 – representing a 305 percent year-over-year increase.

Joseph Lusardi, CEO said the company’s third-quarter results were “complemented” by its successful acquisition of Grassroots, which expanded its reach into six new states.

“As we head into 2021, Curaleaf remains incredibly well-positioned following the transformative legalization of adult-use cannabis in Arizona and New Jersey, and consequently the potential of future adult-use in New York, Pennsylvania and Connecticut. Each of these markets present an enormous opportunity for us, as the only MSO with a leading presence in every one of these states. Looking forward, we expect our growth will be driven by organic initiatives, increased capacity and dispensaries in key states and the roll out of adult use in Arizona and New Jersey.” – Lusardi in a statement

Lusardi’s run as company chief will end at the start of next year as the company also announced President Joseph Bayern would take over as CEO; Luardi will take on a new role as executive vice-chairman of the board starting January 1.

“With roughly two-thirds of the U.S. population now having legal access to medical or recreational cannabis, Curaleaf remains in the very early innings of its true long-term growth potential,” Bayern said in a press release announcing the c-suite change.

During the third quarter, Curaleaf’s recently acquired Select brand launched in three new states, the company opened two new dispensaries in Florida, and it completed its acquisition of Massachusetts-based Alternative Therapies Group.

The firm’s retail revenue increased by 206.5 percent to $135.3 million during the third quarter of 2020, compared to $44.2 million in the third quarter of 2019. The company’s wholesale revenue increased nearly seven-fold to $45.0 million during the quarter, compared to $6.5 million in the third quarter of 2019.

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Police Break Up Interstate Cannabis Smuggling Group In Washington

State and federal law enforcement agents conducted a massive raid on an illicit cannabis operation last week in Washington state. Working together, the United States Postal Inspection Service, other federal agencies, and the King County Sherriff raided 27 homes in Skyway, Renton, Kent, Maple Valley, SeaTac, and other Puget Sound communities, according to KIRO 7 News

Agents found and removed processed cannabis, thousands of plants, and related documents from the homes. According to agents, the group’s illicit cannabis products were being mailed to nine states around the country including Illinois, New York, New Jersey, Pennsylvania, Kentucky, Massachusetts, Connecticut, Georgia, and Missouri. Of those states, adult-use cannabis has only been legalized in Illinois and Massachusetts.

“This is a particularly egregious ring. You’re talking about over the course of this investigation there are probably tens of millions of dollars of product that have been shipped to multiple states nationally.” — Tony Galetti, Inspector in Charge with the U.S. Postal Inspection Service, via KIRO 7 News 

Due to its designation as a Schedule I narcotic, cannabis remains federally illegal and cannot be shipped across state lines, even between states where adult-use cannabis has been legalized.

In 2019, Oregon passed legislation to allow for interstate cannabis commerce between states. The bill, which was approved last June, would allow Oregon-grown cannabis products to be shipped to neighboring states that have also legalized cannabis — Washington, California, and Nevada. Oregon-legal cannabis would not be allowed to cross into (nor fly over) states that have not legalized cannabis. The law, however, also requires the federal government to approve such transactions and there is currently no precedent or plan for doing so.

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Massachusetts Supreme Court Rules Out Workers Comp for Medical Cannabis

The Massachusetts Supreme Judicial Court on Tuesday ruled that employees using medical cannabis for a work-related injury cannot get reimbursed for it through worker’s compensation, Courthouse News reports. In the unanimous decision, the justices ruled that workers’ comp insurers could, theoretically, still be charged with a federal crime for aiding and abetting someone in using cannabis.

“First, unlike the patients and doctors covered by the act, insurance companies would not be participating in the patient’s use of a federally proscribed substance voluntarily. It is one thing to voluntarily assume a risk of federal prosecution; it is another to involuntarily have such a risk imposed upon you.” – Justice Scott Kafker in the decision

The plaintiff’s attorney, Katherine Lamondia-Wrinkle of the Law Office of Thomas Libbos, argued that workers’ comp insurers and boards limit access to opioids for chronic pain due to the epidemic that has gripped the nation for years. As medical cannabis has been legalized in 33 states, more injured workers are turning to it for relief.

“We have an anti-opioid movement,” Lamondia-Wrinkle said to Courthouse News, “but the court is now taking away the alternative.”

Daniel Wright, a cable installer who injured his knee stepping off a ladder said that with cannabis he was able to wean himself off opioids and other medications, but in the process spent $24,267.86 on legal cannabis from February 2016 to August 2017.

Under the state’s 2012 medical cannabis law “any health insurance provider, or any government agency or authority, to reimburse any person for the expenses of the medical use of marijuana.” The court affirmed that the workers’ comp insurer is a health insurer.

According to the Insurance Information Institute, Connecticut, Minnesota, New Hampshire, New Jersey, New Mexico and New York have allowed, to some extent, workers’ comp reimbursement for medical cannabis.

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Curaleaf Completes Acquisition of Grassroots

Curaleaf Holdings, Inc. has completed its acquisition of GR Companies Inc. – better known as Grassroots – making it the largest vertically-integrated multi-state cannabis operator in the U.S. by revenue.

The deal expands Curaleaf’s presence from 18 to 23 states, 135 affiliated dispensary licenses, 88 operations dispensaries, more than 30 processing facilities, and 22 cultivation sites with 1.6 million square feet of growing capacity.

The deal was announced last July for $875 million in cash and stock. Grassroots Co-Founder and CEO Mitchell Kahn, who was named to the Curaleaf board of directors at the deal’s close, said the companies have “a combined strategic vision to create a dominant position in the industry.”

Joseph Lusardi, CEO of Curaleaf, said the deal firmly established the company’s market leadership position.

“The integration of Grassroots is expected to be immediately accretive to our financial performance, with our unprecedented scale providing significant opportunities to leverage Curaleaf’s powerful consumer brands as well as new form factor innovations across our expanded national presence.” – Lusardi in a statement

Curaleaf now operates in Pennsylvania, Arizona, Connecticut, Florida, Illinois, Pennsylvania, Maryland, Massachusetts, Maine, Nevada, New Jersey, New York, North Dakota, and Vermont.

Under the announced terms of the deal, Curaleaf paid $75 million in cash, 102.8 million subordinate shares of Curaleaf, and $40 million in Curaleaf shares priced at the 10-day volume-weighted average price prior to the transaction’s closing.

Curaleaf also this year completed their acquisition of Select brand parent company Cura Partners Inc. and last month announced that they were expanding that brand into four new state markets through next month.

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Curaleaf Expanding Select Brand Into 4 States

Curaleaf is expanding its recently acquired Select brand into four new state markets between now and August, the company announced on Monday. The expansion includes Maine, Massachusetts, Ohio, and Florida and, once complete, Select will be available in 13 states.

Curaleaf announced the acquisition plan of Select parent Cura Partners Inc. in May 2019 for nearly $1 billion in stock. However, by February 2020, the deal was finalized for less than $400 million after cannabis industry stocks experienced sharp declines and led to lower overall company valuations in the space. In 2018, Cura recorded $118 million in sales and was Oregon’s largest cannabusiness.

Joe Bayern, president of Curaleaf, said the brand has since “performed tremendously well” in its current markets.

Select Elite and Select Nano Gummies will launch in Curaleaf’s home state of Massachusetts on July 3 along with company-branded Nano Gummies which will be exclusive to the firm’s dispensaries. In late-July, the company’s Select Elite oil cartridges and Nano Gummies will be available in Maine medical dispensaries. Nano Gummies are also expected to be available to Florida and Ohio medical cannabis patients by mid-August.

Currently, Select products are available in Oregon, California, Nevada, Arizona, Colorado, Michigan, Maryland, Oklahoma, and Connecticut.

Curaleaf is also in the works of closing their deal to acquire Grassroots. Once complete the deal is expected to expand Curaleaf’s presence from 18 states to 23, with over 135 dispensary licenses, 88 operational dispensary locations, more than 30 processing facilities, and 22 cultivation sites with 1.6 million square feet of cultivation capacity.

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Catharine Dockery: How Cannabis Complements Traditional ‘Vice’ Industries

Catharine recently joined host TG Branfalt for our latest podcast episode to discuss the investment strategy behind Vice Ventures, how she transitioned into specifically working with businesses that other investors frequently avoid, her advice for finding and building a successful brand, and more.

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


Listen to the podcast:


Read the transcript:

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TG Branfalt: Hey there, I’m your host TG Branfalt. Thank you for listening to the Ganjapreneur.com Podcast, where we try to bring you actionable information and normalize cannabis through the stories of entrepreneurs, activists, and industry stakeholders. Today I’m joined by Catharine Dockery. She’s a founding partner of Vice Ventures, a venture-capital fund that has raised about 25 million in its first round and invests exclusively in nontraditional, quote, bad-for-you verticals, such as cannabis, alcohol, sex tech, CBD, and more. How are you doing this afternoon, Catharine?

Catharine Dockery: I’m doing well. Thank you. How are you?

TG Branfalt: I’m great. You’re the first person that I’ve ever interviewed or even really known about that is focused on the sort of bad-for-you industries. So I think we have a lot of ground to cover up, but before we do tell me about yourself. Tell me about your background and how did you end up launching a VC firm focused on vice?

Catharine Dockery: That’s a fantastic question. I grew up in the New York City with my dad, went to NYU, studied a combination of neuroscience and finance. Then my first job out of college was trading high-yield debt. I absolutely hated that job. So I quit after my second bonus, spent nine months contracting for different hedge funds, trying to figure out exactly what I wanted to do. Met up with a PR agency, ran their research team two days a week for two and a half weeks.

Then that’s when I met Andy Dunn, who’s the founder of Bonobos. I was presenting research. We got along really, really well. We decided to get dinner afterwards. We decided I should work for him, which is an incredible opportunity, and manage his venture portfolio and just finances in general.

So when Walmart acquired Bonobos, I followed Andy to Walmart. Kind of realized very quickly that Walmart M&A was not for me, despite some people absolutely loving the job. So I interviewed to leave. I had personally invested in the canned-wine business. So when I was interviewing at this consumer venture firms, I kept pitching the company. All these fund managers were like, “We love the founder. We love the brand. We love what she’s doing, but we can’t invest in alcohol. So it’s a pass for us.”

I just couldn’t believe that they couldn’t invest alcohol. I just kind of kept asking, “Why, why, why?” Finally, someone was very honest with me and they’re like, “We have a vice clause.” And I was like, “Well what’s a vice clause? And they’re like, “It just prohibits us from investing in cannabis, alcohol, and nicotine, sex tech, online gambling, sports gambling.” There’s just this whole wide range of categories I thought both had highly … just huge growth potential. Then the other one had just high multiple exit potential. And I was like, “There’s something wrong here.” So that’s how I came up with the idea.

TG Branfalt: So, I mean, that’s a really broad sort of thing. It’s sort of interesting to me if we talk about cannabis and also sort of online gambling, which is being re-legalized or legalized in many cases through the United States. So is there sort of a trend going on of this sort of, I don’t know, acceptance or normalization of vice culture?

Catharine Dockery: So that’s exactly what my Vice Ventures is trying to do. That’s the mission, besides delivering superior returns to the people who believed in us. But we also want to change culture and change stigma and prove that these quote, bad companies, actually aren’t bad at all.

TG Branfalt: What’s been the response to your fund by the venture capital community at large?

Catharine Dockery: Great question. I think some people love it and get it and understand it. I think some people are laser focused on environmental funds or they think social impact is more important, without really realizing that Vice Ventures is also a social impact fund, in a way.

TG Branfalt: Can you elaborate on why you would consider it a social impact fund?

Catharine Dockery: Yes. Because, I mean, just look at the portfolio. All our portfolio companies are harm-reduction companies, whether it’s, we just announced recently a big investment in Lucy, which is a harm-reduction nicotine business. I would call that social impact, educating people that nicotine would not … and consumed in a carcinogenic fashion, i.e. through vapes or through combustible cigarettes, it’s actually no worse than coffee, which is just as addictive as caffeine.

TG Branfalt: So what do you look for specifically when investing in the crowded cannabis space? Are you focused on the same sort of thing that you’d be focused on, say, with the nicotine cessation with Lucy?

Catharine Dockery: So really quick, Lucy isn’t nicotine cessation for the record.

TG Branfalt: My apologies.

Catharine Dockery: They’re a recreational brand. No, it’s okay. Just legally it’s important to specify. When it comes to cannabis, I looked pretty exclusively at cannabis brands, whether that’s edible, company is lower-dose THC, joints. I think it’s really important to invest in really, really sharp brands. I just don’t think we’re there yet.

TG Branfalt: What do you mean by that?

Catharine Dockery: I think we’re very early stages in the cannabis brand section. I think in the next few months, a lot of these companies will run out of money and we’ll be able to see kind of which brands stand the test of time, if you will. I think then it would be a great time to invest in them.

TG Branfalt: So you mentioned low THC. I’m a huge sort of proponent of low THC products. Massachusetts has actually a cap for recreational five milligrams, which a lot of people are like … they’ll boo and hiss at it. But for me, I’m like, “This is fantastic.” Are you seeing more and more companies offer these low-THC or are developing these low-THC products?

Catharine Dockery: Yeah, definitely. I would say almost every cannabis deal I’ve seen in the past week or two weeks or so have been all low-dose products, whether it’s low-dose beverages, low-dose chocolates, it’s low dose is definitely the future.

TG Branfalt: So do you give particular attention maybe to crossover businesses, such as companies that make THC-infused lube?

Catherine Dockery: I mean, I’m all about crossover businesses and I think as long as it fits the Vice thesis, it is definitely worth looking at. But I just think a THC lube or vice lube is a very difficult business to be in, just because it’s so niche.

TG Branfalt: So is there anything else that you … because THC lube, when it first sort of came out, and I worked in the adult shop industry for a very long time.

Catharine Dockery: Awesome.

TG Branfalt: So I saw what lubes worked and what lubes didn’t. So I have this sort of perspective there. My question is are you seeing a lot more companies trying to maybe cross over? I mean, we see beer companies getting involved in the cannabis space, big time. Are you seeing more of this sort of corporate crossover or these partnerships happening from your perspective?

Catharine Dockery: Yes, actually, which is why I think vice investing and the venture capital space is so exciting because I think because of all the crossover, there’s a lot more exit potential than say a normal CBG grocery company. You could, like a CBD beverage, for example, could get bought by Pepsi. It could get bought by AB InBev, by Constellation, by Coca Cola, by Nestle, literally by anyone. So I think that’s what’s so exciting about it.

TG Branfalt: It sounds like you’re half expecting these sort of major deals to occur.

Catharine Dockery: I think some of them will be, for sure. I think a lot of this is brand new products to the market, more so than in any other industry, in a way.

TG Branfalt: So I mean, your firm balances this social responsibility and taboo. How do you think other companies, large companies, such as the ones you mentioned, Coca Cola, Nestle, are going to be able to sort of jive that with their investors?

Catharine Dockery: I think it just comes down to overcoming stigmas. I think a lot of these companies will kind of go wherever is making the most money, as proved by the Canopy-Constellation deal.

TG Branfalt: Which is, I mean, was shocking.

Catharine Dockery: It’s huge. It’s massive.

TG Branfalt: And now they own, they’re majority stakeholders in that company.

Catharine Dockery: Yes.

TG Branfalt: Right. Yeah. Speaking of stocks, last year was not a great year for cannabis stocks. Some of the biggest players, Aurora, Canopy didn’t do particularly well towards the end of the year. What’s your take on that and sort of expectations for 2020?

Catharine Dockery: I think, I don’t know. It’s a weird analogy to me. But I think it’s very similar to Donald Trump getting elected, everybody just thinking that the market is so much bigger than it is. Then people just not admitting that they participate or don’t participate or anything. So I think that’s kind of what happened is people realized that people actually didn’t really smoke, especially when they say that they did. I think that will have some effect on cannabis exits, which is why I think a lot of these companies will go under the next 6 to 12 months. I think we’ll really see which brands resonated with consumers and all that.

TG Branfalt: What makes for a successful brand in your opinion? I mean, does it involve sort of that sort of celebrity, which we just saw Whoopi & Maya decided to close. But we do see a lot of celebrities sort of coming in the space. Or is it leadership? What sort of draws you in with regard to brands?

Catharine Dockery: So I’ll give you example a great brand. Are you familiar with the CBD water called Recess?

TG Branfalt: I am familiar with the name.

Catharine Dockery: Yes. We were early into Recess. They’ve launched in multiple cities across the country in a short 16-month period. We invested in Recess just because of the brand itself. We didn’t even test the product before making a commitment. Just the brand, the idea of taking a recess, that is a nostalgia to every single American who’s taken a recess as a kid.

TG Branfalt: Interesting.

Catharine Dockery: So that to me is a great example of a really strong brand.

TG Branfalt: Something that sort of sticks out in your head, where you hear that and you think of that.

Catharine Dockery: Yeah, exactly.

TG Branfalt: So what are the risks in investing in these industries, sort of aside from the sort of obvious ones. Right? I’m not an investor, a lot of our listeners are. They probably have a better idea on what those risks are than I do, in many ways. But aside from the basic, “You can lose money,” what really are the potential rewards here, sort of the abstract bigger picture, I guess?

Catharine Dockery: I think some of the biggest risks are definitely regulatory, especially for CBD. Nobody knows if it’s going to be outlawed in food and bev or not. I would say also this isn’t a rant, but for cannabis, it’s definitely regulatory as well. So the laws change every three months on that. The alcohol, you need to make sure you comply with the three-tier system. Some people swear by drawing it to alcohol. But that’s even more difficult. I don’t know. There’s a lot of risks.

TG Branfalt: What do you tell your investors are the rewards in this space aside from sort of the returns? You know what I’m saying?

Catharine Dockery: No. What do you mean?

TG Branfalt: So this idea of social responsibility and this idea of sort of ending stigma, is this something when you are making that pitch to your investors that intrigues them just as much as the profits in many cases? Or is it purely profit-driven?

Catharine Dockery: I think any investment should probably be profit driven, just because you have a fiduciary responsibility to help your investors make more money than they had when they put in. Besides that, I think there’s also a social responsibility to make sure that you’re investing in really intellectually honest operators, who know exactly their products, the harm that it can give to the users and just didn’t hide it.

TG Branfalt: I like the term intellectually interesting.

Catharine Dockery: Yeah.

TG Branfalt: Several states expected to legalize this year. Where we are in New York, which we know it happened last year. You’re a lifelong New Yorker like I am, basically. We know Cuomo’s history and the legislature here is a mess. New Jersey, Connecticut, Rhode Island, Vermont lawmakers are right now in the middle of bringing in a taxed and regulated system. Does one state or a couple of states stand out to you as most ripe for investment?

Catharine Dockery: I think Oregon is a really interesting one, just because I think it’s less fragmented than the other states. I mean, tons of people are pouring money into California brands. I’m not sure that makes sense yet.

TG Branfalt: What about as far as the ones that we sort of expect this year?

Catharine Dockery: Give me an example.

TG Branfalt: Like New York, Jersey, Connecticut, Rhode Island.

Catharine Dockery: I think New York would be a great place. I think brands are built in New York City. I mean, look, you have Away, Glossier, Bonobos, Warby Parker. Really strong brands are built here.

TG Branfalt: I mean, and the other thing too, that we have to consider, is the way the medical licensing is set up. It’s really going to be a prime opportunity, I think, the way they’re going to set it up, for branding.

Catharine Dockery: Yep.

TG Branfalt: In your experience thus far with your fund, has there been a particular state that has proven to be a solid enough industry investment? Maybe Nevada, considering it is pure vice?

Catharine Dockery: Yeah. Not yet. Most of our investments to date have been between East LA and New York. Which I don’t know, maybe that’s because that’s where I spend most of my time. But definitely looking at Vice in a every state.

TG Branfalt: So what advice do you have for entrepreneurs who are looking to enter this space as far as brands go?

Catharine Dockery: Well, depends which category. I mean, nicotine is arguably more difficult than cannabis, I would say. But I think it’s all about just pairing up with somebody who’s really good at branding, finding somebody who can do operations and just going out there and doing it, finding distribution and finding partners that can help you.

TG Branfalt: Awesome. Where can people find out more about you, about the firm? Give us the plugs.

Catharine Dockery: Viceventures.com. There’s an email address on there, that’ll link you to me.

TG Branfalt: Brilliant. Thank you so much, Catherine. It’s really been nice to have you on the show, pick your brain a little bit. Like I said, it’s a super sort of interesting angle that you’ve taken there and I really appreciate your insight.

Catharine Dockery: Thank you so much.

TG Branfalt: That was Catherine Dockery. She’s a founding partner of Vice Ventures, a venture capital fund that has raised about 25 million in its first round. Invests in vice, such as alcohol, cannabis, and more.

You can find more episodes of the Ganjapreneur.com Podcast in the podcast section of ganjapreneur.com and in the Apple iTunes Store. On the Ganjapreneur.com website, you’ll find the latest cannabis news and cannabis jobs, updated daily, along with transcripts of this podcast. You can also download the Ganjapreneur.com app in iTunes and Google Play. This episode was engineered by Trim Media House. I’ve been your host, TG Branfalt.

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Texas Issues First Industrial Hemp License

Texas has issued its first industrial hemp license this week to a farmer in Killeen. The license will allow the famer to cultivate hemp in a “specified facility” for one year. Agriculture Commissioner Sid Miller called the license “just the beginning for industrial hemp” in the state.

“I am happy that I can be the one to deliver it. I know Texas farmers have been eagerly waiting for a chance at these hemp licenses and now the wait is over. … Hemp offers Texas farmers a great new opportunity, but I want them to understand that with every promise of high profit comes the reality of high risk. My job was to get this program started, it’s now up to farmers and processors to build that Texas ‘hempire.’” – Miller in a press release

As part of the process, licensees must watch a 24-minute video that outlines the state’s rules and regulations.

The Texas Department of Agriculture has received a total of 546 industrial hemp applications including 458 producer applications, 58 handler applications, and 30 handler sampler applications.

Texas‘ hemp law was passed last year and includes legalization and regulation of CBD. All hemp-containing edible products produced in the state, including CBD, are regulated by the Department of State Health. The program was approved by the U.S. Department of Agriculture in January.

In all, 14 state hemp programs have been approved, while 17 states are still operating under their 2014 pilot hemp programs, and six state programs are still pending USDA review. Connecticut and Tennessee are listed as having submitted a plan to the agency that required resubmission. Other states not pending review are currently drafting plans, according to agency data. Regulators have also approved 14 tribal hemp production plans and list another 16 as under review.

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USDA Approves Georgia & South Carolina Hemp Plans

The U.S. Department of Agriculture approved hemp programs for South Carolina and Georgia this week, bringing the total of approved plans by the agency to 14.

Georgia‘s program had been placed on hold by the USDA last year but the federal agency signed off on the plan after state lawmakers approved $200,000 to regulate the program for the coming season and approved additional funding for the next fiscal year, the Atlanta Journal-Constitution reports. Following the approval, the Georgia Department of Agriculture immediately received 57 cultivation license and five processing license requests.

Georgia will allow in-state CBD production; currently, CBD products are legally available but all products come from out-of-state.

Hemp farmers in the state will pay $50 per acre – up to $5,000 – annually, while processors will pay an initial $25,000 fee and another $10,000 annually. Julie McPeake, a state Agriculture Department spokeswoman, told the AJC that the department is about 20 days behind in issuing licenses because the agency is stretched thin helping farmers respond to the fallout from the coronavirus.

In South Carolina, the hemp farming application period for the upcoming season has already closed but the state Agriculture Department is accepting applications for next year throughout the rest of 2020, the agency said in a press release, noting that 350 people applied to farm hemp this season.

“The State Plan, authorized by the South Carolina General Assembly and the 2018 federal Farm Bill, will end an era of regulatory flux for South Carolina’s hemp industry, bringing the state’s three-year-old Hemp Farming Program into line with other states and establishing more permanent regulations.” – South Carolina Department of Agriculture, in a press release

Under the federally-approved rules, the state program now includes new laboratory testing methods and “stricter adherence to the 0.3 percent THC threshold” that delineates hemp from THC-rich cannabis. The rules also mandate that the state Agriculture Department must sample every hemp field prior to harvest.

In all, 17 states are still operating under their 2014 pilot hemp programs, and six state programs are still pending USDA review. Connecticut and Tennessee are listed as having submitted a plan to the agency that required resubmission. Other states not pending review are currently drafting plans, according to agency data. Regulators have also approved 14 tribal hemp production plans and list another 16 as under review.

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USDA Approves Iowa Hemp Plan

Iowa’s industrial hemp plan has received approval from the U.S. Department of Agriculture and farmers in the state can begin applying to cultivate the crop starting April 1. The plan does not legalize the production or use of CBD, according to the state Department of Agriculture & Land Stewardship.

“This commercial hemp production program does not legalize the use of cannabidiol (CBD) for human consumption, extraction or processing in Iowa. The Federal Drug Administration (FDA) is still working to determine if CBD is safe for human consumption. Hemp grain, hemp seed oil and protein powder derived from hemp grain have been cleared by the FDA for human consumption.” – IDALS in a March 20 press release

Under the state’s rules, all individuals associated with hemp production must be listed on the company’s license and undergo a background check and submit fingerprints.

In all, the USDA has approved 12 state hemp program plans since the passage of the 2018 Farm Bill, which legalized hemp. Another 17 states will continue operating under their 2014 pilot programs, while eight other state programs are still pending review by the agency.

Connecticut and Tennessee are listed as having submitted a plan to the USDA that required resubmission. Other states not pending review are currently drafting plans, according to agency data. Regulators have also approved 14 tribal hemp production plans and list another 16 as under review.

Gov. Kim Reynolds (R) signed the hemp legislation last year. It allows farmers to grow up to 40 acres of the crop.

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USDA Approves Five State and Tribal Hemp Programs

The U.S. Department of Agriculture has approved five state and tribal hemp production plans as part of its authority oversight of the industry included in the 2018 Farm Bill, the agency announced on Thursday.

The approvals include Washington state, Wyoming, the Otoe-Missouria Tribe of Oklahoma, the Prairie Band Potawatomi Nation of Kansas, and the Santee Sioux Tribe of Nebraska.

The USDA had already approved hemp cultivation plans for six states and seven tribes. As of February 12, another nine state hemp plans are under review by the agency, along with 16 tribal plans. Another 15 states will continue operating under pilot programs laid out in 2014.

According to USDA data, hemp plans from Tennessee and Connecticut are “pending resubmission” which means the plans have been reviewed by the agency but did not meet their criteria for approval; one tribe is also in resubmission status.

Seven other states, along with the U.S. Virgin Islands, are currently drafting regulations for USDA approval, along with four tribes.

Last October, the USDA released its draft rules for domestic hemp production and, since last August, the agency has taken several steps to normalize the industry, including giving hemp farmers access to federal crop insurance programs, such as the Whole Farm Revenue Protection Program – which allows farms with revenues up to $8.5 million to insure their crops – the Multi-Peril Crop Insurance Program, and the Natural Disaster Assistance Program, which protects against losses associated with lower yields, destroyed crops, or prevented planting where no permanent federal crop insurance program is available.

Last year, the agency also clarified its rules for hemp seed importation which allow seeds to be imported from other countries, so long as there is documentation the seeds will produce plants that fall below the federal 0.3 percent THC threshold.

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Considering New England’s 2020 Legalization Landscape

Four years ago, it seemed like cannabis legalization was a foregone conclusion for New England. Both Maine and Massachusetts legalized adult-use that year, and then in 2018 Vermont became the first state to legalize possession through the legislative process. Given their proximity, many thought that the three remaining states would sooner legalize than lose out on tax revenue from residents crossing the border to source legal weed. 

Yet, Vermont still has not legalized commercial sales, Massachusetts’ recreational rollout has been plagued with delays, and Maine is just now accepting applications for recreational facilities. 

It seems that the region may finally see some momentum in 2020 after last week saw three key bills progress in Connecticut, New Hampshire, and Vermont.

Connecticut

Last Thursday was also a big day for cannabis legislation in Connecticut, where a governor-backed legalization bill was introduced by top lawmakers. The bill would allow for adults 21 and older to possess and purchase up to one and a half ounces of cannabis from a licensed retailer. The legislation also includes broad social equity provisions, including the establishment of a “Cannabis Equity Commission” tasked with “promoting and encouraging participation in the cannabis industry by persons from communities that have been disproportionately harmed by cannabis prohibition and enforcement.” The bill also includes automatic expungement of low-level possession offenses and mechanisms for petition-based expungements for a range of other cannabis offenses. 

New Hampshire

Last Thursday also saw the passage of the aptly named SB 420 in the New Hampshire Senate, which allows for homegrow for the state’s medicinal patients and caregivers. Home cultivation is currently a felony offense. The bill will now proceed to the House of Representatives for consideration.

Vermont

Last week, the Vermont Ways and Means Committee approved S 54, a bill to fully legalize, regulate, and tax cannabis sales. The Vermont Senate passed a similar bill last year, but it died in the House. The bill is expected to receive a vote in the full House this month, and if successful, would proceed to a conference committee, where members of the House and Senate would work to draft a final version of the bill for the Governor’s approval.

Rhode Island

Feeling the pressure from surrounding states, Rhode Island Governor Gina Raimondo said she was looking more closely at legalization efforts in 2020, noting “Our hand is being forced by all of our neighbors.”

Editor’s note: This article is an editorial contribution from the Last Prisoner Project. Learn more at LastPrisonerProject.org.

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New York Gov. Includes Legalization in 2021 Budget

New York Gov. Andrew Cuomo (D) has included cannabis legalization in his 2021 budget, proposing a 20 percent excise tax, a 2 percent locality tax, and cultivation taxes of $1 per gram of flower, $.25 per gram of trim, and $.14 of “wet” cannabis. The governor estimates cannabis taxes would raise $20 million in taxes in 2021 and $63 million in 2022.

“The proposal will administer social equity licensing opportunities, develop an egalitarian adult-use market structure and facilitate market entry through access to capital, technical assistance and incubation of equity entrepreneurs. The proposal will also correct past harms to individuals and communities that have disproportionally been impacted by prohibition.” – The governor’s office in a press release

The plan also calls for New York to work with neighboring states that have yet to legalize cannabis – Connecticut, New Jersey, and Pennsylvania – on packaging, labeling, and advertising rules for cannabis products. Lawmakers from each of those states are considering broad cannabis reforms and the governors have voiced support for legalization.

Cuomo’s plan would create the Office for Cannabis Management, which would administer the industry’s regulations, once promulgated, and would centralize both medical and recreational cannabis operations and oversight. In December, Cuomo hired Norman Birenbaum, the former top cannabis regulator in Rhode Island. Birenbaum is expected to assume the role as head of the OCM once the agency is, officially, created.

Cuomo’s budget also includes a proposal to ban flavored vaping products, vape product advertising “targeted to youth,” vape oils that could carry health risks, and a restriction on buying vape products online, over the phone, and through the mail.

Last year, Cuomo included legalization in his budget bill but legislative leaders pushed for the reforms to be passed the traditional way; ultimately, however, they did not take that step. Lawmakers did approve sweeping decriminalization and expungement reforms in lieu of full legalization.

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New York Gov. Renews Legalization Pledge for 2020

New York Gov. Andrew Cuomo (D) pushed for cannabis legalization during his 2020 State of the State Address on Wednesday. Cuomo had included legalization in his 2021 budget last year; however, the proposal was pulled after legislative leaders said they would prefer the measure be approved by lawmakers rather than through the omnibus budget bill.

New York faces a $6 billion budget shortfall and during his speech, Cuomo indicated cannabis-derived revenues could bring in $300 million a year in tax revenues.

“For decades, communities of color were disproportionately affected by the unequal enforcement of marijuana laws. Let’s legalize adult use of marijuana.” – Cuomo, during his State of the State address, January 8, 2020

It’s unclear whether Cuomo will again try to include the reforms in broad budget legislation but during his remarks acknowledged his office would create a new Office of Cannabis Management; last month Cuomo hired Norman Birenbaum – the former top cannabis regulator in Rhode Island – to help craft legalization policies and oversee the adult-use, medical cannabis, hemp, and CBD industries.

In a press release, Cuomo’s office promised any legalization proposal would “administer social equity licensing opportunities, develop an egalitarian adult-use market structure and facilitate market entry through access to capital, technical assistance and incubation of equity entrepreneurs.”

Additionally, the governor’s office said that it planned to work with its neighboring states that have yet to legalize cannabis – Connecticut, New Jersey, and Pennsylvania – on quality and safety controls for the adult-use cannabis industry. Last year, Cuomo met with governors from those states to discuss regional cannabis policies. New York is already bordered by cannabis legalization in Vermont, Massachusetts, and Canada.

The Governor also plans on creating a Global Cannabis and Hemp Center for Science, Research and Education with the State University of New York “other expert partners.”

Last session, cannabis legalization fell apart in the 11th hour after lawmakers could not agree how cannabis funds would be distributed – the Legislature and governor’s office are both controlled by Democrats – and ultimately lawmakers settled on expanding the state’s decriminalization policies and establishing a process for expunging low-level cannabis-related charges.

Morgan Fox of the National Cannabis Industry Association told CNN that New York‘s cannabis market could be “gigantic” and would “have rippled in global policy when it comes to cannabis.”

BDS Analytics and Arcview Market Research estimate New York as a $1.6 billion cannabis market in 2024. Brightfield Group suggests that if the state were to legalize cannabis in 2021, it could be the nation’s second-largest cannabis industry at $2.2 billion in sales by 2023.

Last session, the reforms were opposed by law enforcement organizations and many downstate Democrats. The village board of Islandia, which is on Long Island, has threatened to sue the state if cannabis is legalized.

If Cuomo is successful, New York would become the 12th state to legalize cannabis for adults and the second to legalize a taxed-and-regulated industry via the Legislature.

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FDA Approves Yale Medical Cannabis Human Trials

The Food and Drug Administration has granted approval to the Yale School of Medicine and CT Pharma for human drug trials to study the efficacy of cannabis-based medicines, according to a Connecticut Public Radio report. The study will be the first with FDA approval to test cannabis on human subjects.

Yale University School of Medicine’s Dr. Rajita Sinha, the lead researcher for the clinical trial, said the studies will attempt to figure out how medical cannabis works, who it works for, what symptoms can be alleviated, dosages, and whether there is “a need for refinement.”

Michael Fedele, board chair of the Portland, Connecticut-based CT Pharma, told CPR that he hopes the study will result in the first FDA-approved cannabis-based medicine to be manufactured in the U.S.

“Right now, a company in England (GW Pharma) has the only FDA-approved, plant-based medical marijuana product (Epidiolex) in our market. That really shouldn’t be the case with respect to American companies.” – Fedele, via CPR

According to the FDA, the agency “is aware that there is considerable interest in the use of marijuana to attempt to treat a number of medical conditions” and does support “research into the medical use of marijuana and its constituents through cooperation with other federal agencies involved in marijuana research.”

According to a Hartford Business Journal report, Yale indicated the first phase will examine men and women between the ages of 21 to 45 who use cannabis recreationally but do not qualify for medicinal use. The second phase will focus on men and women ages 21 to 60 with chronic pain. Each participant will receive a placebo, CBD and THC. Side effects such as vital signs of heart rate, systolic and diastolic blood pressure and clinical symptoms will be assessed.

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Massachusetts College Offers Cannabis Certificate Program

Springfield, Massachusetts-based American International College is now offering a certificate program in legal cannabis, according to a MassLive report. The program has three classes planned but currently just one – Cannabis Entrepreneurship – is set to be offered in the spring 2020 semester.

Additionally, the college has created an undergraduate initiative in the School of Business, Arts and Sciences called Micro-Emerging Markets: Cannabis Certificate Program. The school plans to expand the certificate program with a minor and graduate school program.

“The goal of the program is to dip our toe into this area that is growing by leaps and bounds. There are hundreds of jobs created by it. All sorts of research. Businesses in the field and all sorts of ancillary businesses are growing.” – Mika Nash, AIC executive vice president of academic affairs, to Masslive

The entrepreneurship class will cover customer groups, products, and services in the adult-use market; how price, quality, competition, and other factors can impact a business; the legal background and different business models; and marketing.

For non-matriculated students, each course is $395 with a $30 registration fee, bringing the total for three credits to $1,215. Matriculated students are also eligible to take the classes but all students must be 21 or older since the courses might involve tours of cannabis cultivation facilities, and dispensaries.

Last week Holyoke Community College announced plans to open the state’s first cannabis education center with the first classes being offered this month, according to MassLive.

Colleges and universities throughout the U.S. have begun offering cannabis education programs since states began to legalize cannabis medically and recreationally, including in California, Illinois, Nebraska, Pennsylvania, Maryland, and Connecticut.

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Maine Adopts Massachusetts’ Cannabis Warning Labels

Cannabis regulators in Maine have adopted the warning symbols for cannabis products from Massachusetts, the State House News Service reports. The adoption could be a preview of how New England states unify some cannabis regulations in lieu of federal legalization. Maine’s rules require all products to have cannabis warning labels that read “contains THC” and “Not Safe for Kids.”

Erik Gundersen, director of the Maine Office of Marijuana Policy, said using the “same universal symbol will ensure that customers can clearly recognize products that contain THC whether in Massachusetts or Maine.”

Three of the six New England states – Maine, Massachusetts, and Vermont – have legalized cannabis for adult use, although Vermont has not yet legalized sales or a regulated industry. Legalization legislation has been introduced in New Hampshire, Connecticut, and Rhode Island but has not yet been voted on by lawmakers.

Maine officials said regulators “identified the CCC’s symbol as a potential opportunity for collaboration and were pleased with how warmly the suggestion of utilizing the same symbol was received by their counterparts in Massachusetts.”

Earlier this month, governors from New York, Connecticut, New Jersey, and Pennsylvania met to discuss regional cannabis legalization policy. In a statement on the summit, Connecticut Gov. Ned Lamont (D) said that eastern states “not only share borders” but “economic interests” and that “when states work together collaboratively, carefully and thoughtfully [they] can create better policies.”

According to the State House News report, Maine officials expect to begin accepting cannabusiness licenses by the end of the year.

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College Students Sue Schools for Denying Medical Cannabis Use

At least three college students have launched legal challenges against colleges that have taken action against them – including expulsion – for using medical cannabis, according to an Al Jazeera report. The lawsuits come from students studying nursing and other medical specialties who, under school policies, must submit to drug tests.

Sheida Assar, who uses medical cannabis to treat chronic pain from polycystic ovary syndrome, was expelled from Phoenix Arizona’s GateWay Community College after failing a drug test for cannabis. She told Al Jazeera that school officials told her she would not have any problems if she showed them her state-issued medical cannabis card.

“They yanked me out of class in the middle of the school day. They escorted me to the administration like I was a … criminal. It’s discrimination, and it also violates my rights under the Arizona medical marijuana law.” – Assar, to Al Jazeera

Assar is seeking $2,000 she spent on tuition and other educational expenses and additional money for damages. GateWay spokeswoman, Christine Lambrakis, said the college has a ban on cannabis use but that the school is reviewing its policies; for now, the school has no plans to change the rules despite the 2018 Arizona Supreme Court Ruling.

Connecticut nursing student Kathryn Magner sued Sacred Heart University after officials barred her from attending required clinical medical rounds after she tested positive for cannabis. Magner has a medical cannabis card from her home state of Massachusetts for undisclosed conditions. She has since settled the suit under undisclosed terms; however, before the settlement, she stopped using cannabis, passed a drug test, and obtained approval from the Office of Student Accessibility to use cannabis, but the nursing school officials would not let her back into the program. Connecticut law prohibits public and private colleges from discriminating against students enrolled in medical cannabis programs.

In a statement, Sacred Heart said it treats medical cannabis like other disability-related requests and “seeks to provide reasonable accommodation under the law.”

Michael Thad Allen, a lawyer for Magner, said issued like these “will become more common if employers and schools don’t abide by the law.”

Kaitlin McKeon was expelled from Nova Southeastern University’s nursing program last year after failing a drug test for cannabis; officials at the Florida school said she violated the institution’s drug policy even though she holds a medical cannabis card issued in the state.

Michael Minardi, her attorney, called it “sad” that the college took action against his client “because she chose a medication that’s legal in Florida but not one that they recognize.”

The rulings could set legal precedents which could ultimately prevent schools from taking punitive actions against medical cannabis cardholders.

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