Working With, Not Against, IRS Revenue Code 280E

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Editor’s note: This editorial was contributed by Faith Bygd, advisor for Breakaway Bookkeeping & Advising.

Being a legal cannabis company, you are likely familiar with the IRS Tax Code 280E. This tax code sets forth financial hurdles directly related to the amount of tax liability you owe the government at the end of the year.

From cultivators to retail shop owners, medical, or adult-use, 280E places financial struggles on legal businesses. The limitations around what the IRS will allow you to recognize as legitimate business write-offs are unclear and present significant problems to those owning companies in the cannabis industry.

While non-cannabis businesses can write off any expense that goes into the cost of running the company, this is not the case for cannabis businesses. We need to get used to it: this will remain in effect until cannabis is no longer federally classified as a Schedule 1 Illegal Substance. Brass tacks: The federal government still views cannabis as “illegal” and any business that sells it as trafficking — even though individual states have voted to legalize it. The federal government is not in the business of helping to sell illegal substances… but they are in the business of taxation. Cannabis businesses can stay in business — if they play along.

Why is 280E so confusing? For historical context, the reason 280E exists is due to the monumental case of Edmondson v. Commissioner. In 1981, a convicted drug dealer, Jeffery Edmondson, was fined and held liable for back taxes owed on the money he made from illegally selling cocaine, amphetamines, and marijuana. He brilliantly filed returns for the years he was being held accountable for and applied write-offs, including the costs of the drugs themselves, to reduce the amount of tax liability he had, which in turn reduced his interest and fines due. The court determined he was allowed to do so because, as the law was written, that was a legal approach to the tax burden. The IRS quickly reacted with the enactment of Tax Code 280E, passed into law in 1982. The new law would disallow write-offs to be applied to the total revenue if the revenue was created through federally illegal activity.

Currently, cannabis still sits on the list of Schedule 1 Illegal Substances, which is in the same category as harmful substances such as meth, heroin, and ecstasy. Marijuana is the only substance on the list that is legal in 39 states. But until it is recognized as legal by the federal government, 280E’s frustration will remain a daunting reality.

Have no fear! There is a way to work with the 280E instead of against it!

280E allows cannabis companies to deduct expenses that it has to produce the product for sale, just not any cost related to the sale itself. Expenses that are 100% direct in the production of your product are considered COGS, meaning cost-of-goods-sold. COGS are deductible.

How can you put this into practice? Scrutinize your bookkeeping and accounting workflows by creating a tight cannabis-friendly chart of accounts. Be sure to include all acceptable COGS above the gross revenue line. Anything below the gross revenue line will be taxed federally, but your state may allow you to deduct these expenses from your state income tax.

Let’s dive a little deeper into how this breaks down:

Grow equipment/supplies/materials. These expenses are direct and 100% used for the process of creating your product and are considered tax deductible from your total revenue.

Repairs and maintenance directly related to the grow buildings. Contractors that perform services directly related to the grow or production space will count towards the COGS amount.

Wages for cultivation and production. Keep meticulous records of employee hour breakdowns and record payroll on your books by these breakdowns. Make sure your books match the payroll records in case of an audit. Talk to your tax CPA about filing as a S-Corp to include the owner’s wages in the payroll. In most non-cannabis businesses, the owners’ wages are considered admin (below the gross revenue line). However, cannabis owners working directly with the cultivation can possibly apply some of their wages to the allocations of COGS. Discuss this with your tax preparer and bookkeeper to devise a good plan.

Utilities directly related to the grow or production areas. Utilities used in retail or office space are not deductible. Ask your tax CPA about the best workflow to separate out your utility bill. Your monthly bookkeeper should be tracking the bill splits to ensure a constant clear picture of where your financials stand from month to month.

The biggest secret weapon to working with 280E is finding a financial partner who can help you track these expenses as they are incurred. This does not mean scraping together a handful of receipts at the end of the year. A stellar bookkeeper is imperative to your cannabis’s business success. A bookkeeper who knows the importance of breaking down COGS is a necessity.

Currently, the IRS has been lenient about auditing cannabis companies, but that will not be the case for long. If your company is audited, they can go back 3-6 years. Do you have those books in order? Let it be your 2023 New Year’s Resolution to organize your accounting. This will aid in the success and longevity of all of your hard work and efforts and help you work with 280E.

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Report: Cannabis Market Could Grow to $48B by 2027

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A new report by Emergen Research suggests the global cannabis market could grow to $48.29 billion by 2027, representing a CAGR of 24.6%. Emergen said in 2019, the market was worth $8.26 billion. 

“Proven medical effects of cannabis, legalization, active research genetic development and modification of the plant, and developments in cannabis intellectual property rights have all been recognized as cannabis market drivers. The market is dominated by North America. Because cannabis is widely utilized for therapeutic purposes in the United States, the industry has evolved and matured tremendously. Cannabis, as a psychoactive drug, continues to be popular among recreational and medicinal users in the United States.” — Emergen in a press release 

The report notes that the North American duo of the U.S. and Canada currently “dominates” the market. Cannabis is legal in Canada and individual U.S. states and territories have legalized cannabis for either adult or medical use. Emergen suggests that the Asia Pacific region will account for the fastest growth through 2027 but notes that many European nations have begun to liberalize their cannabis laws; including Germany, which legalized medical cannabis in 2017, and France which legalized medical cannabis use in 2013 and five years later reduced penalties for possession.

Italy also legalized medical cannabis use in 2013 and has effectively decriminalized personal possession, while the United Kingdom legalized some medical cannabis products in 2018. 

Emergen notes that industry market trends include the infusion of both alcoholic and non-alcoholic beverages and “tremendous demand from the therapeutic market.”  

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California Cannabis Company Files RICO Lawsuit Against City and Former Officials

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A California cannabis company is suing the city of Baldwin Park and several officials under the federal Racketeer Influenced and Corrupt Organizations Act, or RICO, alleging that the city’s rollout of retail cannabis was rigged to benefit the officials and their allies, the San Gabriel Valley Tribune reports. The lawsuit appears to be the first of its kind – a cannabis company suing government officials under RICO. 

The federal lawsuit, filed on January 18 by David Ju, names Baldwin Park, former City Attorney Robert Tafoya, former Deputy City Attorney Anthony Willoughby II, former Councilmember Ricardo Pacheco, former Compton Councilmember Isaac Galvan, former Baldwin Park Mayor Manny Lozano, and former Chief Deputy Cty Clerk Lourdes Morales as defendants. 

In the lawsuit, attorney David Torres-Siegrist alleges the defendants “acted in concert to orchestrate a swindle on an elderly man dying of cancer who poured his life savings into a venture that was destined for failure from the get-go and nothing more than a collusive scheme marred by bribery and corruption.”   

“Plaintiffs allege that the pattern has been one of racketeering activity involving multiple criminal acts, including but not limited to, bribery, kickbacks and other improper relationships throughout the application and granting process, as well as defrauding individuals, such as plaintiffs, through the use and abuse of their positions within the city.” — Torres-Siegrist, in the lawsuit, via the Tribune.   

In 2020, the Federal Bureau of Investigation executed search warrants at Tafoya’s office and at the homes of Galvan and San Bernardino County Planning Commissioner Gabriel Chavez as part of a cannabis-related corruption inquiry. Chavez agreed to a plea deal last October on federal bribery charges and agreed to work with authorities, according to a Pasadena Star News report.  

Pacheco ultimately agreed to a plea deal with federal investigators where he claimed under penalty of perjury that Galvan and Tafoya were involved in his efforts to solicit bribes from cannabis companies looking to operate in Baldwin Park, the Tribune reports. 

Ju’s lawsuit alleges that Willoughby II paid less than $40,000 to obtain the development agreement for cannabis company Tier One and then sold it to Ju for “hundreds of thousands of dollars” and paid Galvan $50,000. Tier One had received approval to operate in the city but was unable to move forward because Baldwin Park’s cannabis ordinance prohibited ownership transfers of cannabis firms.  

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Maryland Gov. Releases Funds Withheld by Predecessor to Help Adult-Use Cannabis Rollout

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Maryland’s new governor last week, on his first full day in office, released $46.5 million related to the state’s Cannabis Reform Act, which will support its forthcoming adult-use cannabis industry, Maryland Matters reports. The funding had been withheld by the previous administration. 

Gov. Wes Moore (D) said releasing the funds marked “a fundamental shift on how the governor’s office is going to approach the budget and the office’s relationship with the General Assembly.” In all, Moore released $69 million in funds related to a variety of projects that had been withheld by former Gov. Larry Hogan (R). 

Of the $46.5 million in cannabis funds, $40 million is earmarked for a Cannabis Business Assistance Fund in the Department of Commerce to support the rollout of the adult-use cannabis industry, $5 million is set for the Cannabis Public Health Fund in the Department of Health, which could be used to fund research on cannabis legalization or for substance abuse treatment, and $1.5 million is earmarked for the Criminal Justice Information System to comply with provisions of the act, including automatic expungement of prior simple possession cases.   

Maryland’s adult-use cannabis industry could be worth $1 billion in about two years, according to Cannabis Public Policy Consulting data outlined by Maryland Matters. Adult-use cannabis sales in Maryland are expected to commence on July 1.  

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Nevada Regulators Warn of Unapproved Pesticide Use Affecting Hundreds of Products

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Nevada officials last week issued a bulletin warning about the use of unapproved pesticides on products harvested by Clark Natural Medicinal Solutions between July 23, 2021, and January 5, 2023. 

The affected product list includes 118 edible products, ranging from gummies to chocolate bars, to the brand’s vegan products; 42 infused pre-rolls; and 222 concentrates, including vape cartridges. The products are carried at 105 dispensaries throughout the state, according to Cannabis Compliance Board (CCB) data. Sales of the products occurred between August 31, 2021, through January 9, 2023.  

The CCB is advising customers to avoid the products and noted that the pesticide in question, Ethephon, is not on the list of pesticides that testing facilities must test for, and their test methods are not set up for the detection of Ethephon.       

“There is no reason to believe the cannabis sales facilities or cannabis testing facilities had any knowledge of the use of this unapproved pesticide.” — CCB, Public Health and Safety Bulletin 2023-01 

The notice is the first of 2023 for Nevada regulators. The CCB issued two health and safety bulletins last year; three in 2021, and one in 2020. There have been no adverse effects reported by consumers associated with the Clark products.

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Survey: 65% of Americans Support Legalizing Cannabis

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A majority of Americans, 65%, support adult-use cannabis legalization, according to a Data for Progress survey. The poll found 30% oppose the reforms. 

Data for Progress found 75% of Democrats either “strongly” or “somewhat” back legalization, along with 67% of third-party or independent voters, and 52% of Republicans. The organization found 20% of Democrats opposed the reforms, along with 27% of independents, and 45% of Republicans. 

Data for Progress also found majority support, 57%, for the enactment of social equity measures if cannabis were to be legalized federally. The organization used New York’s social equity model in explaining the policy to respondents: “One policy measure in the law mandates that the first 100-200 licenses given out to open recreational marijuana dispensaries in the state will be reserved for ‘individuals from communities that were disproportionately impacted by the enforcement of cannabis prohibition’ and other underrepresented groups.” 

The survey found 69% of Democrats backed the policy (22% opposed), along with 59% of independent and third-party voters (28% opposed). Republicans, however, did not back the policy, with 52% opposed and 43% in favor. 

A majority of respondents from each category, though, did express support for a policy that diverts cannabis-related revenues to a community grant fund. This policy was backed by 65% of respondents overall (with 28% opposed), along with 76% of Democrats (18% opposed), 70% of independents (22% opposed), and 51% of Republicans (41% opposed).    

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Second Rec Center Funded by Cannabis Taxes Opens in Aurora, Colorado

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Officials in Aurora, Colorado on Tuesday will hold a grand opening ceremony for a recreation center funded by cannabis taxes, KDVR reports. The Southeast Recreation Center and Fieldhouse, which opened last week, cost $42 million, which was provided through adult-use cannabis sales taxes. 

Parks, Recreation and Open Space Director Brooke Bell said feedback from the community “guided the creation” of the “exceptional facility.” The center includes a public art installation created by Adam Buente of Project One Studio.

The center includes an indoor fieldhouse, full-sized professional-grade turf field, multi-use gymnasium, 1/9-mile long track, fitness area, and natatorium which includes a swimming pool, spa pool, and leisure pool.

It is the fifth full-service recreation center in the city, Erin Pulliam of the City of Aurora Special Events told KDVR, and is the second to be fully funded by cannabis taxes. Pulliam said the Central Recreational Center that opened in 2019 cost $30 million and was also funded by cannabis tax revenues.

In 2021, the Aurora City Council increased the city’s tax on adult-use cannabis sales from 7.75% to 8.75%, according to a Westword report. Additional revenues are used to fund youth violence prevention projects.

The state of Colorado collects an additional 15% sales tax on licensed cannabis sales.

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Study: Demand for Codeine Drops When Adult-Use Cannabis Is Legalized

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A new study from researchers at Cornell University, the University of Pittsburgh, University of Georgia, and George Mason University found states that have legalized cannabis for adult use see a reduction in demand for prescription codeine. The study, published Thursday in journal Health Economics, found A 26% reduction in pharmacy-based distribution of codeine and as much as a 37% reduction after adult-use cannabis laws have been in effect for four years. 

The researchers note the adult-use cannabis laws had a minimal impact on codeine distribution by hospitals, which often have less permissive policies than pharmacies, and a minimal impact on distribution of other opioids such as oxycodone, hydrocodone, and morphine in any setting. 

Coleman Drake of the University of Pittsburgh’s School of Public Health and the study’s senior author, called the study’s results “particularly meaningful” because “previous studies have focused on more potent opioids.” 

“…Codeine is a weaker drug with a higher potential for addiction. It indicates people may be obtaining codeine from pharmacies for misuse, and that recreational cannabis laws reduce this illicit demand.” — Drake in a statement 

Johanna Catherine Maclean, of George Mason University and author of the study, said the research suggests “Increasing legal access to cannabis may shift some consumers away from opioids and toward cannabis.”  

“While all substances have some risks,” she said in a statement, “cannabis use is arguably less harmful to health than the nonmedical use of prescription opioids.” 

The researchers analyzed data from the Drug Enforcement Administration’s Automation of Reports and Consolidation Orders System which tracks the flow of controlled substances in the U.S.  

The study was supported by the National Institute on Drug Abuse of the National Institutes of Health.  

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Second New York Dispensary Coming to Manhattan Next Week

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The first New York dispensary owned by a social equity applicant opens next Tuesday in Manhattan. The dispensary, called Smacked LLC, will be owned and operated by Roland Conner with a soft opening as a “pop-up” from January 24 through February 20.    

New York’s social equity program prioritizes providing cannabis licenses to justice-involved individuals – people with a cannabis conviction or a close relative of someone with one. 

Conner previously owned and operated property management businesses in New York City for 15 years and currently manages a transitional housing facility providing shelter for two dozen men in the Bronx. 

“I am so excited to become a part of history as the first individual to open a legal cannabis dispensary in New York City. Given my experience with cannabis, I never could have imagined that I would be opening a store like this. I’m grateful for the opportunity to open a business with my son and wife at my side and build generational wealth, working together, right here in New York. But this is not just about me and my family. This is about everyone who was harmed by the draconian drug laws of the past. New York’s commitment to righting those wrongs through the law is inspiring. I am proof of that commitment because I’m standing here today.” — Connor in a press release  

In a statement, Gov. Kathy Hochul (D) said the shop is the latest example of the state’s efforts “to build the most equitable and inclusive cannabis industry in the nation.” 

Tremaine Wright, chair of the Cannabis Control Board, said dispensaries with ownership like Smacked’s exemplify the state’s “nation-leading model for establishing an equitable cannabis industry that works to offset the harms caused by the disproportionate enforcement of cannabis prohibition.”  

The business is partly supported by the state’s Social Equity Cannabis Investment Fund which is working with the Social Equity Servicing Corporation, a subsidiary of the Dormitory Authority of the State of New York, to support the acquisition, design, construction, and outfitting of locations for cannabis dispensaries to be operated by conditional adult-use retail dispensary licensees. 

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Tennessee Bill Seeks Non-Binding Ballot Question to Ask Voters Whether They Support Cannabis Reforms

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A bill introduced in Tennessee would add three cannabis-related questions to 2024 ballots, WKRN reports. The measure, introduced by Democrat Rep. Jesse Chism, would be non-binding and serve to gauge public interest in the medical and adult-use legalization and decriminalization of small amounts of cannabis.  

The questions that would be put to voters are:  

  • Should the State of Tennessee legalize medical marijuana?  
  • Should the State of Tennessee decriminalize possession of less than one ounce (1 oz.) of marijuana?  
  • Should the State of Tennessee legalize and regulate commercial sales of recreational use marijuana? 

The measure would require the Secretary of State to send the poll results to each member of the state General Assembly.  

A previous attempt by former Rep. Bruce Griffey to add the same questions to 2022 ballots was unsuccessful. 

Two bills have been introduced already this session in Tennessee, the report says. Rep. Bob Freeman (D) and Sen. Heidi Campbell (D) introduced the “Free All Cannabis for Tennesseans,” Chism also introduced the “Tennessee Medical Cannabis Act.” 

In previous years, Tennessee lawmakers have not moved a medical cannabis proposal out of committee, save for a very limited medical cannabis bill in 2021. That measure did not become law.    

A 2019 Power Poll, conducted by the Chattanooga Free Press, found 88% of respondents support some form of cannabis legalization. 

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Advocates Renew Push to Add Autism to Ohio Medical Cannabis Program

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Citizens in Ohio are, again, pushing for the State Medical Board to add autism spectrum disorder to the state’s medical cannabis qualifying conditions list, Cleveland.com reports. It’s the third consecutive year the public has pressed for autism to be added to the list; they were denied in 2021 and 2022.

The renewed request comes as state lawmakers are considering a bill that would add autism to the list. Last year, the state House Health Committee approved a measure to make the change but it didn’t make it to the floor for a vote.  

The state Senate is considering its own measure that would not only add autism to the medical cannabis qualifying list but would also take medical cannabis oversight out of the purview of the Medical Board. That proposal would create a Division of Marijuana Control.  

State lawmakers are also considering an initiated statute proposal that would put a broad cannabis legalization question to voters if lawmakers don’t pass the legalization bill themselves. Lawmakers have until April to pass the reforms, or the question will be put to voters in November. 

Since the launch of the state medical cannabis program, the Medical Board has added just four new qualifying conditions: cachexia in 2020 and Huntington’s disease, spasticity, and terminal illness in 2021, the report says.   

Members of the public are also petitioning the board to add bipolar 2, chronic migraines, uterine cancer, anxiety, irritable bowel syndrome, obsessive-compulsive disorder, and degenerative disc disorder. Currently, the state’s list of qualifying conditions for the medical cannabis program includes 25 conditions.  

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Washington Announces Cannabis Social Equity Application Window

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The Washington State Liquor and Cannabis Board (LCB) announced this week that the application window for cannabis social equity licenses will begin on March 1 and will continue for 30 days. Applicants will have until March 30 at 5:00 pm to complete and file their applications.

Under Washington’s cannabis social equity program, regulators are making available “44 retail licenses that were forfeited, canceled, revoked, or never issued.” The licenses “will be available in jurisdictions across the state,” the agency announced in an email.

In order to qualify for one of the licenses, applicants must have lived in Washington state for at least six months before submitting their application, and must satisfy at least two of the following requirements:

  1. The applicant must have lived in a disproportionately impacted area for at least five years between 1980 and 2010.
  2. The applicant or a family member of the applicant must have been arrested for, or convicted of, a cannabis-related offense.
  3. The applicant’s household income in the year before applying must have been less than the median household income within Washington state ($82,400).

LCB also announced upcoming webinars on January 24 and January 28 that will help social equity applicants navigate the licensing process and acquire necessary documentation.

The agency is also coordinating additional tools for would-be applicants including free educational programs covering “an introduction to business concepts such as financing, marketing, taxes and business planning,” as well as a roster of mentors via the Department of Commerce which will support early-stage entrepreneurs in their pursuit of starting a cannabis business.

Interested parties should visit the social equity section of the LCB website to learn more about the program’s qualifications and to get started on the application process, the agency said.

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Michigan Regulators Warn of Uptick in Crime Against Cannabis Delivery Drivers

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The Michigan Cannabis Regulatory Agency (CRA) on Tuesday issued an advisory bulletin warning of an increase in “a pattern in reported criminal activity” related to cannabis delivery drivers.  

The agency said there have been 13 thefts of cannabis products from delivery drivers in the last six weeks, including armed robberies during which product and vehicles have been stolen and the drivers assaulted. 

The incidents occurred in Ann Arbor, Detroit, Ferndale, Hamtramck, Hazel Park, Lansing, Utica, and Westland, the agency said. 

Under state law, cannabis licensees and applicants are required to report incidents of theft within 24 hours of becoming aware of any theft or loss of any product or criminal activity at the business.

Last spring and summer, several reports of crimes against cannabusinesses were reported in Michigan. In May, 11 suspects were arrested after police spotted them throwing a safe off of a garage roof in their attempt to open it, WWMT reports. The safe was linked to a dispensary in Battle Creek. The business, Sticky Battle Creek, told WWMT they had been robbed twice. In June, one person was arrested as part of a group attempting to rob Skymint dispensary in Muskegon, according to a 13 On Your Side report. The following month, over the July 4 holiday weekend, My Michiganja was burglarized, according to 13 On Your Side. Four Battle Creek men were later charged with the robberies.

Cannabis businesses are often targeted by criminals, in part because they keep cash on hand as federal law makes banking difficult for cannabis companies.   

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Minnesota Brewing Co-Op Launches Cannabeverage Distribution Center

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Fair State Brewing Cooperative on Tuesday launched Minnesota’s first fulfillment and co-packing house and distribution center exclusively for hemp-derived beverages. Named Chill State Collective, after Fair State’s cannabis beverage line, the company offers co-packing, storing, distribution, and endorsement to assist other cannabeverage brands in the state.  

Fair State Brewing Cooperative is Minnesota‘s first co-op brewery and the nation’s first unionized microbrewery and third co-op brewery.   

Cannabeverage distribution involves different vendors, stores, licenses, and rules than beer distribution, the company said in a press release. In addition to Chill State’s own hemp-derived THC beverage, six other cannabeverage brands — Happi, Plift, Bent Paddle, FIND WUNDER, Offfield, and Cann — have signed onto the cooperative partnership. 

In a statement, Chill State Collective Principal and Program Director Rob Shellman said the group is “aiming to encourage safe cannabis discovery through exceptional quality.”

“We are bringing experienced operators and strategic thinkers together in a new beverage segment, which is really unique. We have the best of the best and are dedicated to running this business in a mission-driven and responsible way for Minnesota.” — Shellman in a press release

Chill State also offers co-manufacturing, warehousing, sales, distribution, events, and education.

The cannabeverage company also announced the launch of its second hemp-derived cannabis beverage, Pineapple Express. Chill State Collective’s launch comes six months after Minnesota’s legalization of THC edibles and infused beverages in July 2022.

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California’s Bestselling Cannabis Beverage Brand Uncle Arnie’s Seeking Equity Investments

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Uncle Arnie’s, California’s #1-selling cannabis beverage brand, has announced equity crowdfunding investment offerings for retail investors, customers, and fans of the brand.

According to the latest report from the cannabis industry reporting tool Headset, Uncle Arnie’s has reached a significant milestone in the California market, claiming 7 out of the top 10 spots in the best-selling cannabis beverages in California and selling over 1 million drinks since their launch in 2020.

Their high-dose 100mg THC beverages are extremely popular among cannabis consumers, who have created a bar-worthy list of mixed drinks using Uncle Arnie’s signature flavors. According to CEO Theo Terris, “We’ve been laser-focused on delivering what our customers asked for: top-quality, high-dose drinks with amazing flavors at an affordable price. Our customers have responded with a loyal following of repeat purchasers.”

Uncle Arnie’s has clearly accomplished this goal in the California market, currently selling into 40% of California dispensaries and already holding the top-selling product positions across the board.

The report below shows that Uncle Arnie’s Iced Tea Lemonade (100mg THC, 8oz) takes the top spot, followed closely by Pineapple Punch Infused Drink (100mg THC, 8oz) and Apple Juice (100mg THC, 8oz). Rounding out the top four is the brand’s Sweet Peach Iced Tea Shot (100mg, 2oz), showing that Uncle Arnie’s 8oz original shots are still a hit with consumers and their new 2oz shots are a close second.

What’s interesting is that Uncle Arnie’s also has two newcomers to the top 10 rankings with their functional 2oz shots. Their Blueberry Nite Cap Shot w/CBN (5mg CBN, 100mg THC) and Sunrise Orange Shot w/Caffeine (150 mg Caffeine, 100mg THC) are both listed in the top 10, showing that consumers are willing to combine other enhanced benefits like energy and sleep into their Cannabis products.

Notably, there is only one other brand remaining in the top ten rankings for California. KEEF, a well-established cannabis beverage soda that has been around since 2010, is selling for a slightly lower price than Uncle Arnie’s. However, it only contains 10mg of THC, which is just 10% of the amount of THC found in Uncle Arnie’s drinks.

(Source: Headset.io Cannabis Beverage Industry Report)

What’s next for Uncle Arnie’s?

The company recently completed a major investment round for national expansion in October 2022 and is currently running an equity crowdfunding investment offering to retail investors, customers, and loyal fans who want to take the journey with them. Through their offering on SeedInvest, you can own shares in the company as an early investor.

You can sign up to learn more about their investment at UncleArniesInvestor.com or visit their SeedInvest page to invest.

Uncle Arnie’s is quickly becoming a household name in the cannabis industry, particularly in California where they currently hold 7 out of the top 10 selling SKUs in the beverage category. They are also rapidly expanding to Michigan and Oregon, and constantly innovating with new product offerings like their functional 2oz shots.

This is a fantastic opportunity for you to get in on the ground floor of the cannabis beverage space with a company that has a proven track record of success. With a strong team in place, a commitment to growth, innovation, and compliance, and a clear vision for the future, Uncle Arnie’s is well-positioned to continue to be a major player in the cannabis industry for years to come.

Don’t miss out on this opportunity to invest in Uncle Arnie’s. The investment round will close on January 27th.

Sign up to learn more about their investment at UncleArniesInvestor.com or visit their SeedInvest page to invest.

DISCLAIMER
Reg CF Disclaimer: Uncle Arnie’s is offering securities under Regulation CF and Rule 506(c) of Regulation D through SI Securities, LLC (“SI Securities”). The Company has filed a Form C with the Securities and Exchange Commission in connection with its offering, a copy of which may be obtained at: https://www.seedinvest.com/uncle.arnies

This article contains forward-looking statements and information relating to, among other things, the company, its business plan and strategy, and its industry. Investors should review the risks and disclosures in the offering’s draft. Before making an investment decision, investors should review the company’s Form C for a complete description of its business and offering click here.

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Las Vegas Hotel Getting Cannabis-Friendly Makeover

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A hotel in Las Vegas, Nevada is undergoing a multi-million dollar renovation and rebranding as it moves toward being the first hotel in Sin City to become a cannabis-friendly property. The Artisan Hotel Boutique, located just minutes from the famed Las Vegas strip, is evolving into The Lexi, a 64-room, cannabis-friendly destination hotel.  

In a press release, the company indicated the entire fourth floor would be designated as cannabis friendly. The hotel is owned by Elevations Hotels and Resorts. Elevations CEO Alex Rizk said, “The Lexi will allow the brand to showcase its commitment to creating a new type of hotel concept that is defined not only by our acceptance and normalization of cannabis in the hospitality space, but also by our dedication to reclaim storied properties and transform them for the modern-day travelers.”  

The Lexi will ultimately offer a membership initiative that is part of Elevation Hotels & Resorts’ proprietary program, Elevations Nation. The revamped hotel is expected to open in the spring.

Elevations purchased the property in March 2022 for $11.9 million, the Las Vegas Review-Journal reports. Rizk said the company wants to maintain the personality of The Artisan. 

“We want to make it a classy experience and keep that vibe going,” he told the Journal. “We want to keep the mischievous attitude. We want to be sure to keep the sexiness of the hotel, but we want to classy it up from where it was.” 

Elevations, which is based in Phoenix, Arizona, also operates the Clarendon Hotel in Phoenix which has a cannabis-friendly lounge and rooms. 

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Outgoing Pennsylvania Gov. Issued 627 Cannabis Related Pardons During Time in Office

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Outgoing Pennsylvania Gov. Tom Wolf (D) in his final week in office issued 369 pardons, bringing his total while in office to 2,540 – which is a new record for pardons issued by a governor in state history. Of those pardons, 627 were for cannabis-related crimes; of those, 395 were part of the expedited review process for nonviolent cannabis offenses and 232 were part of the PA Marijuana Pardon Project. 

“I have taken this process very seriously – reviewing and giving careful thought to each and every one of these 2,540 pardons and the lives they will impact. Every single one of the Pennsylvanians who made it through the process truly deserves their second chance, and it’s been my honor to grant it. A record prevents positive forward motion in a person’s life, and can spark a repetitive cycle of defeat. I firmly believe that with restored rights, pardoned Pennsylvanians prove themselves by stepping up and giving back to our communities.” — Wolf in a press release   

2020 report by the Economy League of Greater Philadelphia analyzing a decade of pardons data found that pardons contributed $16.5 million to Pennsylvania’s economy over the past decade, at no cost to anyone, the governor’s office said. 

Wolf served two terms as governor, the maximum consecutive terms allowed under state law. Democrat Josh Shapiro took office on January 17. 

The PA Marijuana Pardon Project was launched in 2022, spearheaded by then-Lt. Gov. John Fetterman, who was elected to the U.S. Senate last November. 

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Eastern Band of Cherokee Indians Moves Closer to North Carolina Medical Cannabis Sales

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The Eastern Band of Cherokee Indians (EBCI) is moving closer toward selling medical cannabis within its Qualla Boundary in North Carolina after sending a resolution to the state Legislature last week, the Asheville Citizen-Times reports. The Tribe legalized medical cannabis within its borders in 2021 but has not yet commenced sales.

The resolution sent to state lawmakers provides them with the legal language “to further the agenda effectively and efficiently coordinating in the administration of medical cannabis laws across the jurisdictions of the state of North Carolina and Eastern Band of Cherokee Indians,” the report says. 

During the council meeting, EBCI Chief Richard Sneed explained that sending the resolution ”just grants permission … to talk to them about medical cannabis, and the subsequent North Carolina law that will probably be on the floor during the next general assembly.”  

“All this is, it is as a matter of tribal law, before anybody does any work engaging with the state or federal legislature, we have to have permission of the governing legislative body to do so.” — Sneed via the Citizen Times 

In the 2021 vote, EBCI tribal council members voted 8-4 to legalize medical cannabis. The following year, Qualla Enterprises LLC, a Tribe company, set up a website seeking to hire people for medical cannabis operations. An EBCI-funded Cannabis Control Board will manage licensing, audits, standards, investigations, and annual reports for the operation, according to EBCI’s medical marijuana code. 

“EBCI Farms will be the source for all of its products that are sold to the public. Everything from seed to sale begins here. Being vertically integrated means that EBCI produces everything from seed to sale,” the website states. “Processing the cannabis plant is a key step in drying and manicuring the finished product as well as producing material to further process into oils and other concentrates. Edibles use refined oils to determine how much THC is in each product.” 

The Tribal code includes a narrow set of qualifying conditions and is only open to individuals 21-and-older. The program will open first only to tribal members. 

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Common Mistakes Cannabis Organizations Make In Setting Up Their Finance and Accounting

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Editor’s note: This editorial was contributed by Michael Gould, an accounting and finance placement executive at Higher Growth Search.

At the heart of any successful business is a strong accounting and finance team to ensure the money side of the enterprise stands up to regulatory scrutiny and puts the company in the best position to be profitable. That certainly holds true for cannabis businesses, where the importance is accentuated by the industry’s unique and evolving challenges those companies face.

There remains a stunning lack of financial transparency in cannabis due to its federal illegality and compliance costs. Access to basic financial services such as business bank accounts remains difficult because many institutions want nothing to do with cannabis accounts that can’t be FDIC insured. Cannabis operators are therefore forced to handle large amounts of cash, which drastically increases the chance of accounting errors or outright fraud. Similarly, those same banking concerns make it difficult for cannabis companies to borrow money. Restrictive tax laws and the higher probability of an audit only add to the challenges.

I routinely come across owners, managers, and supervisors who appear to treat the financial side of the business as an afterthought as they rush to get their plants to harvest or product out the door. This focused outlook creates numerous vulnerabilities, from improper tax filings and reporting to payroll issues. Ignoring such problems doesn’t make them go away.

As a result, cannabis accountants often find themselves in an uncertain environment where it is extremely difficult to know standard costs like overhead and day-to-day expenditures due to lack of policies, neglected journal entries and reporting. There is no process of making sure that everything is in alignment and there are unknown compliance costs due to cannabis industry changes, lack of owner foresight and unexpected compliance fees. Luckily, there are accountants that thrive in cleaning up messy financials and reconciling the general ledger and bank accounts so your P&L is an accurate reflection of your business. Where do you find them?

Hiring Properly

One of the most common mistakes cannabis organizations make is hiring the wrong people. As the restrictions and potential pitfalls noted above indicate, the need for quality employees with cannabis industry savvy and regulatory knowledge cannot be overstated when it comes to finance. The industry struggles because many businesses rely on unqualified staff to handle their accounting and finance duties. This is often because the owners themselves don’t completely understand the financial regulatory complexities that will impact their accounting team.

It can also be very difficult to find qualified people who can properly handle the financial aspects of a cannabis business. Intense—and fluid—state regulations make it tough on accountants who must keep up with changing laws and unique restrictions. Smaller operators may focus on staying out of regulatory hot water by only caring about their tax obligations. However, 280E tax compliance is better addressed on a daily basis with knowledgeable staff, than having a CPA firm make sense of it during a busy tax season. It’s important to recognize that hiring a dedicated fiduciary is a part of maintaining stability and setting up for successful expansion.

Undervaluing the Right People

Another mistake I see across the industry is that when cannabis companies do find the right individuals to fill finance roles, those individuals are undervalued. Often they are not paid fairly or compensated well because management does not understand the complexities of cannabis accounting, which require a high level of skill and knowledge to remain in compliance.

Also, cannabis accountants or financial experts also do not always receive the necessary tools—such as advanced accounting software—to do the job well. They tend to be overworked and operate at a disadvantage to traditional industry accountants because popular accounting systems like Quickbooks do not offer seed-to-sale product tracking nor the ability to track the various taxes involved. Most legal states also require separate tracking software that can be difficult to use and does not interact well with separate cannabis or accounting software.

How Operators Can Set Up For Success

Even if a business is not set up properly for transparent financial oversight, it is possible to right the ship and change course. Owners must understand the need to forge a strong foundation, regardless of how long they have been in business. They should clearly identify what skills and experience they need to hire for, write a good job description and understand what is considered fair compensation for the role. Owners can then proceed to a rapid recruiting and hiring schedule. Working with a recruiting and staffing partner with industry expertise can often expedite the process. Competition for top candidates is fierce, so if a strong candidate is identified, they should be hired and not lost to a competitor due to a slow process or the urge to shop around for someone who might be better.

Owners and operators should carefully communicate the goals of their company and how they are structuring or restructuring the business. Why would a candidate want to work for you? Communicate the company mission statement on job postings, and share company goals in interviews and with anyone assisting with the recruiting process. Strong and honest communication can go a long way toward attracting the right candidates to cannabis roles. Target professionals from industries like wine and consumer packaged goods to bring their understanding of how a solid business structure, policies, and procedures can transfer to the cannabis industry.

Financial professionals work best in organized environments, or in environments where leadership gives them the autonomy to get organized by identifying and creating policies and procedures that increase reporting accuracy and reduce material weaknesses. The cannabis industry is rapidly growing, and it’s exciting to see the “cash counters” of the past being replaced with talented accounting and finance professionals that provide the necessary financial data for strategic business decisions.

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Cannabis may enhance empathy, according to study

Survey: 21% of Dry January Participants Replacing Alcohol with Cannabis and CBD

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Among those participating in Dry January, 21% are replacing alcohol with cannabis and CBD products, according to a CivicScience survey published January 11. Dry January participants abstain from alcohol for the entire month.  

Another 20% of participants are choosing non-alcoholic beverages in lieu of alcohol and 20% are replacing alcohol with soda or seltzer products. Six percent of respondents said they were choosing kombucha, while 33% said they were not replacing alcohol with anything. 

The majority of those replacing alcohol with cannabis and CBD are those aged 21-24 (34%), followed by 25- 34-year-olds (24%), and 35- 54-year-olds (22%). Just 9% of those aged 55 and older who are participating in Dry January said they were replacing alcohol with cannabis and CBD products.  

A poll from CivicScience published January 2 found 41% of respondents said they were “somewhat to very likely” to abstain from alcohol for the month, which is a decrease from 2022 (43%) but an increase from 2021 (33%).  

Dry January was launched by Alcohol Change UK in 2013 and that year about 4,000 people participated, according to information from the organization. By 2021 the number of participants reached 130,000. Last year, a survey from food and beverage research firm CGA found that 35% of adults of drinking age in the U.S. Abstained from alcohol for the whole month of January, up from 21% the year before. 

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How New York’s Liberal Cannabis Smoking Laws Are Changing One Upstate Coffee Shop

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Cannabis and coffee shops will always be linked thanks to the culture cultivated in Amsterdam, the capital of the Netherlands, which for decades was the only place on the planet people could use cannabis legally. As legalization normalizes, so too does social use, however, due to the patchwork of laws throughout the U.S., social cannabis use policies vary from state to state.

Upstate New York is an odd place. It’s mostly Republican-leaning, save for the college towns and liberal enclaves. However, the passage of adult-use cannabis laws statewide has led many residents – including those right-leaning residents – to grow their own cannabis. Of course, there is no firm number on how many residents are growing their own (home cultivation wasn’t technically legal until the first state-approved dispensary opened their doors, which occurred in New York City last month) but the legalization reforms have led more traditional businesses to dip their toes into the cannabis space – which is what brought me to the Koffee Kat in Plattsburgh. 

Plattsburgh is a college town – it’s where I teach communications classes. It’s the largest city in the region with a population of about 19,000 full-time residents (2021) with about 4,300 undergraduate students enrolling each semester. (Yes, I am aware that there is likely some crossover between full-time residents and students, but from my five years at SUNY Plattsburgh, I can safely say there’s not a lot of crossover.) Plattsburgh is home to the region’s only medical cannabis dispensary, Curaleaf, but many North Country residents are able to buy cannabis legally about an hour away on the Saint Regis Mohawk’s Akwesasne reservation. 

The Koffee Kat does not sell THC-rich cannabis products but does offer CBD as an add-on to their various beverages – which in New York requires a retail CBD license. But that’s not what brought me to the shop on a cold Thursday in January. What brought me to the Koffee Kat was that they recently began allowing cannabis consumption on their open-air back deck. 

I like decks. I like cannabis.  

The Koffee Kat was owned by Durgan Zappala’s mother for 28 years before she sold the business to Zappala and his wife, Julie Merritt, in October. They talk about the shop as if it’s a person rather than a business. This incarnation of the Koffee Kat has been at its current Margaret St. location since 2007. Margaret St. is like Plattsburgh’s main street, pocked with small, independent shops, restaurants, antique stores, and holistic shops. Merritt and Zappala said they didn’t do much to the façade of the business or its interior design once they took over, except adding designated spots on the wall for local artists and artisans, allowing them to paint the space or decorate their reserved spot as they wanted.

In New York, cannabis consumption is allowed anywhere that tobacco use is permitted, which has given some businesses a bit more latitude than those in other states. Zappala, 27, told me that it was a joint decision to allow cannabis use on their back deck, while Merritt, 28, explained that neither the city nor state required them to have a permit for such activities. No other business in Plattsburgh is allowing cannabis use on their property, as far as I can tell — at least not in a forward-facing way.

Zappala said he believes that allowing people to consume cannabis on their porch may “inject youth” into the business and that there has been an uptick in business since they started (publicly) allowing people to consume cannabis on-site a couple of months ago.

“We just wanted to come up with cool, and progressive, [politically correct] ideas. I mean, the canna-culture has been so underground for no reason for so long.” — Zappala, in an interview with Ganjapreneur 

Both Zappala and Merritt have previous experience in the cannabis-adjacent smoke shop sector, managing a small chain of local shops for the past eight years. They’ve used those connections with local smoke shops for a promotion that gives people a 15% discount if they come in with a new piece purchased from a partnering shop.

“Coming out of that, it’s like, ‘Why is this not normalized?” Zappala said. “So, why not just open the back and promote CBD? No one else is doing that, there’s just a lot of bars around town.” 

At first, New York’s CBD regulations caused a bit of confusion for the couple. When they first started offering CBD mix-ins for beverages, they would add tincture directly into the customers’ drinks; however, under the law that practice is technically manufacturing and would require a different license, Merritt explained. So, the couple pivoted and now provide customers with a small, pre-packaged, CBD tincture that the customer can mix in themselves – basically, Koffee Kat is selling a retail CBD product and the customer can do with it what they please. Merritt said the CBD add-on is most popular when there are events in the evenings. 

“We’re looking into CBD flowers and CBD honey and things like that,” Merritt said, “but it’s hard because not everyone who wants a pre-roll wants it to be CBD, so I don’t know if selling CBD buds is the right move for us yet.” 

The consumption area, the back deck, is the direct result of New York’s liberal public consumption rules, or lack thereof, contained in the state’s legalization bill. It’s open-air, not public-facing, and private property, which means as long as the Koffee Kat is not selling or giving away THC-rich cannabis, or serving alcohol, they can allow people to bring their own cannabis products and consume them in the space – which I promptly did.  

Here’s the thing – I’ve always been a little brazen with cannabis. Once my home state legalized use and was like, basically, ‘smoke wherever you want’ I was lighting up in grocery store parking lots. Students openly smoke joints in the designated smoking areas on campus (I haven’t quite gone that far but as a tobacco smoker, I see it). So, for me, it’s not like smoking a joint on a patio is a revelation; however, many people are not as brazen as I am and would prefer a chill place to smoke a joint out of public view.  

“We told the city of Plattsburgh that we were going to allow people to smoke weed here and that we were going to be a ‘cannabis café,” Merritt said. “They said ‘okay.’ … We went to the police, because that was another concern, and I don’t want my customers leaving here and getting harassed by police officers, and they were cool with it.” 

The Koffee Kat, Merritt explained, has always served as a “safe space” for the community – accepting of everybody – which did cause a bit of hesitation for the couple because, for example, how can one be a safe space for recovering drug addicts but allow people to consume cannabis simultaneously? 

“But it’s not like coming to a bar, you know what I mean?” she said. “It still allows people a place to come, be a community, and socialize without alcohol or hard drugs.” 

“It’s still the Koffee Kat,” Merritt explained. “You can still come and, you know, do a kid’s recital, play chess, or come hang out without smoking.” 

The coffee shop turns into the ‘cannabis lounge’ at 5:00 pm, marked by a dimming of the lights, which changes the ambiance. They also hold events geared toward a cannabis-friendly clientele, including open mic nights and EDM nights with DJs in the street-facing windows. Those events are in addition to their more community-focused events, such as indigenous awareness and visibility.

Businesses offering cannabis-friendly spaces, like the Koffee Kat, are likely going to proliferate in upstate New York, in part because of this generation of entrepreneurs who want to see the ‘cannabis is bad’ paradigm shifted. In Plattsburgh, business owners might see the quarter-century old city staple, and its new owners, blazing that trail and seek that first-mover spike in traffic. 

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Medical Cannabis Grows Targeted in String of Oklahoma City Burglaries

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Oklahoma City police are investigating a string of burglaries at cannabis grows in the area, KFOR reports. Authorities said that since January 1, there have been six incidents targeting grow sites.

MSgt. Jennifer Wardlow, with the Oklahoma City Police Department, described the situation as “Basically a crime spree that these individuals had been on for a period of about three or four days.”

Police are seeking two suspects they say were caught on camera on January 8 trying, and failing, to break into a cannabis cultivation business. The suspects then allegedly stole two vehicles from separate locations in Oklahoma‘s capital, which they are accused of using in six more burglaries across Oklahoma City, Wardlow said. The suspects are also accused of a burglary in Newcastle.

The burglaries targeting cannabis grows come on the heels of a string of burglaries targeting cannabis dispensaries last May when at least three dispensaries were targeted in Oklahoma City, KOKH reports.

Last November, an armed security guard at Oklahoma City’s Mango Cannabis dispensary shot and killed an armed individual that was trying to commit a robbery, according to KOKH.

Cannabis dispensaries are often targeted because they typically house a lot of cash due to federal law making it difficult, or impossible, to open bank accounts due to cannabis’ status as a Schedule I drug.

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Kentucky Gov.’s Medical Cannabis Executive Order Creates Patchwork of Hospital Policies

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Kentucky Gov. Andy Beshear’s executive order allowing people with a physician’s recommendation to use and possess legally purchased medical cannabis has led to a patchwork of policies by the state’s hospitals. In interviews with LEO Weekly, two hospital networks said they have developed blueprints for their providers to make recommendations for patients while two indicated they would not develop plans. 

Michael Newkirk, vice president of Baptist Health Medical Group, told LEO Weekly hat the governor’s order has “presented some interesting conundrums” for the hospital “to be able to solve” through their providers. The hospital, which owns seven hospitals in Kentucky, has created a template for a document that Newkirk said “satisfies the governor’s requirement for the medical condition statement so [they] have less variation around” what providers give to patients. 

“The governor’s approach to this doesn’t legalize marijuana. It doesn’t make it a medical marijuana prescription, so we’ve really had to work with our physicians on how to approach this with their patients.” — Newkirk to LEO Weekly

The hospital’s providers also advise patients that cannabis remains outlawed in Kentucky, and they could still face negative ramifications from drug tests or child custody cases.

Maggie Roetker, director of public relations for Norton Healthcare, which has five hospitals in Louisville, told LEO Weekly that the network would issue paperwork to patients that complies with Beshear’s order. 

“Our main goal, as always, is to ensure our patients receive the care they need,” she said. “This executive order is similar to other situations that require verification of a medical condition.” 

David McArthur, director of public relations for UofL Health, in a statement to LEO Weekly said the hospital “cannot recommend that its providers certify patients for the use of medical cannabis at this time.” McArthur said the decision was “based on scientific literature” but that “the ultimate decision on whether to provide certification is up to each provider.”  

“UofL Health trusts its providers to make the best decisions for each individual patient,” he said.  

Allison Perry, spokesperson for the University of Kentucky’s medical campus in Lexington, said medical cannabis “is not part of the treatment protocol … at UK HealthCare.”  

“Because medical cannabis products are not [Food and Drug Administration]-approved, physicians cannot prescribe medical cannabis,” she said. 

Under the executive order, individuals with one of the 21 qualifying medical conditions are proactively pardoned for possessing up to eight ounces of cannabis as long that it is purchased in another state and the person has a receipt for the purchase and a written certification from a doctor. 

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Report: Delta-8 THC Generated $2B in Revenue Over Last Two Years

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Delta-8 THC products generated nearly $2 billion in revenue over the last two years, according to a white paper from Brightfield Group, a cannabis analytics firm.

According to Brightfield, 35% of CBD consumers have purchased some hemp-derived, psychoactive cannabinoid product within the last six months, and another 23% of cannabis consumers in states that allow access to delta-9 products are likely to purchase delta-8 products in the future.

“Consumers are interested and willing to experiment, so they may move more toward Delta-8 as time passes, especially if the price differential continues to make it more appealing.” — Brightfield Group, “How Big of a Threat is Delta-8?”

The report indicates that online CBD purchases peaked in November 2020 and have experienced a sharp decline in the following months – 53% from the fourth quarter of 2021 to the third quarter of 2022. ). The decline in online sales coincides with a 42% increase in purchases at vape and smoke shops purchases over the same period.  

“This channel offers consumers more exposure opportunities to hemp-derived THC products,” the report states. “With 64% of CBD users saying they use cannabis at least a few times a year, these consumers are definitely open to THC and potentially shifting some consumption in that direction, especially in non-adult use THC markets.” 

Brightfield suggests that delta-9 businesses have three options: “beat them, join them, or ignore them.” The paper suggests that Congress could target delta-8 THC in this year’s Farm Bill but that some CBD companies are adding delta-8 to their portfolios.  

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