New Jersey Appeals Court Rules Federal Law Does Not Preempt State Cannabis Law

A New Jersey appeals court panel ruled earlier this month that the state’s Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (CREAMMA) is not preempted by the federal Controlled Substances Act (CSA) and that both can coexist, NJBiz reports. In the ruling, the panel wrote that “It is not impossible for New Jerseyans to comply with the CSA after the enactment of CREAMMA” because the state law “does not require any business to sell marijuana, or any municipality to adopt, as here, an ordinance to allow marijuana dispensaries within its borders.” 

The panel, however, warned that “residents and marijuana businesses of this state act at the risk that their activities might be prosecuted by federal authorities.” The judges also concluded that the plaintiffs provided no evidence that the New Jersey adult cannabis use law has impeded the enforcement of federal law.    

The plaintiff in the lawsuit was Mary Botteon, a resident who has filed other legal actions against the state and the town of Highland Park, where she resided, challenging CREAMMA. In February, she brought a separate lawsuit challenging Highland Park’s awarding of a license for cannabis distribution, arguing that the ordinances violate federal law.  

In an interview with NJBiz, Ryan Magee, a partner at McCarter & English LLP, called the decision “a significant win not only for the defendants in the case but also for New Jersey’s emerging cannabis industry as a whole.” 

“In its analysis, the court placed emphasis on the federal government’s evolving positions with respect to cannabis,” he said in the report. “The court noted [Department of Justice]’s non-enforcement position as to lawful state cannabis markets and Congress’s own annual appropriations riders that prohibit DOJ from allocating funds to prosecute conduct that is legal under state medical marijuana laws. Simply put, if the federal government wanted to more aggressively prosecute violations of the CSA – it could – and CREAMMA does not bar it from doing so.” 

The appeals court panel did, however, resurrect other state law claims brought by the plaintiffs that had been rejected by a Superior Court judge late last year. Those claims purport that CREAMMA has led to nuisance issues.  

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California Bill to Legalize Psychedelic Treatment Centers Fails

The California proposal to legalize treatment centers for therapeutic psychedelics has failed for the year after Democrats in the Senate Appropriations Committee last week dropped it alongside hundreds of bills, the LA Times reports.

Senate Bill 1012 or the “Regulated Psychedelic Facilitators Act,” sponsored by state Sen. Scott Wiener (D), sought to legalize treatment centers where adults aged 21+ could have supervised access to psychedelic substances including psilocybin, psilocin, DMT, MDMA, and mescaline.

“We’ve been working for four years to legalize access to psychedelics in California, to bring these substances out of the shadows and into the sunlight, and to improve safety and education around their use. We’re in a terrible budget year, where all bills with significant costs are at risk. Nevertheless, it’s disappointing for this bill not to move forward.” — Weiner, in a statement

Weiner’s attempt this year at psychedelic reforms in California was a step back from last year’s decriminalization proposal covering certain psychedelic plants including mescaline, DMT, psilocybin, and psilocin; that proposal, however, was ultimately vetoed by Gov. Gavin Newsom (D).

The “Regulated Psychedelic Facilitators Act” had been crafted to address concerns raised last year in the governor’s veto message. The proposal included training and licensing requirements for would-be psychedelic facilitators, provisions for a new regulatory agency in charge of overseeing the facilities, and public education initiatives covering the safe use of psychedelics.

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Poll Finds Majority Support for Recriminalizing Cannabis In Thailand

A recent opinion survey by the National Institute of Development Administration in Thailand found that the majority of Thais support the government’s plan to relist cannabis as an illegal drug under federal law, the Bangkok Post reports.

The poll found more than 75% majority support for the recriminalization plan, which was announced earlier this year by the health minister and then endorsed on social media this month by the prime minister.

Conducted on May 14-15, the poll asked 1,310 people aged 15 and older for their opinions on cannabis and the country’s cannabis-related policies:

Per the poll, 53.74% of respondents said cannabis is an illicit narcotic with some medical benefits and 33.59% said it was a narcotic with no medical benefits. Meanwhile, 11.60% said cannabis was not a narcotic at all, and 1.07% were unsure.

Additionally, 60.38% of respondents “absolutely agreed” and 15.27% “moderately agreed” with the government’s plan to relist cannabis as an illegal drug. Meanwhile, 14.50% “absolutely disagreed” and 8.93% “moderately disagreed” with the plan, and 0.92% either did not know or were not interested.

Some final highlights of the poll as it covered respondents’ opinions on the government’s current cannabis policy:

  • 74.58% believe that the policy covers medicinal use of cannabis
  • 19.39% said the government should not have regulated cannabis products
  • 10.53% said the policy is to support the development of a legal cannabis industry.
  • 7.40% said the policy offers monetary benefits

Thailand was the first country in Southeast Asia to pass significant cannabis reforms with the 2018 legalization of medical cannabis followed by the nation’s 2022 decriminalization policy, which offered little to no regulatory oversight.

 

 

 

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47 Ohio Municipalities So Far Have Banned Adult-Use Cannabis Businesses

At least 47 Ohio municipalities had opted as of March 31 to ban adult-use cannabis operations enabled by the state legalization law passed by voters last year, according to Ohio State University research summarized by Cleveland.com.

Ohio’s adult-use cannabis program is on track for sales to launch in June — ahead of schedule — after a key legislative committee this week passed a dual-licensing proposal that would let medical cannabis dispensaries start serving adult-use customers.

The moratoriums have so far been mostly temporary with durations set between three months and one year, although local officials in many of the locations can choose to either extend or end the restrictions. Some of the jurisdictions with moratoriums already have operational medical cannabis companies, the report said.

The report also noted that the 47 communities with cannabis business moratoriums represent just 2% of the state’s total incorporated cities and townships.

According to the researchers, the most common reason provided for the moratoriums was to “preserve public health,” followed by those municipalities that are waiting for the full program’s rules to be finalized.

Under the cannabis legalization policy passed last year by Ohio voters, adults aged 21+ are allowed to possess and cultivate cannabis at home but there are not currently any legal avenues for adult-use consumers to purchase cannabis products.

Currently, the following cities and towns have passed full moratoriums on adult-use cannabis companies:

  • Ashland
  • Avon Lake
  • Beachwood
  • Beavercreek
  • Bellefontaine
  • Bellville
  • Brunswick
  • Carlisle
  • Centerville
  • Clayton
  • Eaton
  • Fairfield
  • Forest Park
  • Franklin
  • Green
  • Hamilton
  • Hudson
  • Kettering
  • Kirtland
  • Lakewood
  • Lexington
  • Lisbon
  • Madison Township
  • Marysville
  • Medina Township
  • Miamisburg
  • Monroe
  • New Franklin
  • North Olmsted
  • North Royalton
  • Northfield
  • Norton
  • Ontario
  • Salem
  • Shelby
  • Springboro
  • Sycamore Township
  • Trotwood
  • Troy
  • Vandalia
  • Washington Township
  • Waynesville
  • West Carrollton
  • West Chester Township
  • Westlake
  • Xenia

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Biden Announces Justice Department is Moving Cannabis to Schedule III

On Thursday, the Justice Department initiated the formal process to reclassify marijuana from Schedule I to Schedule III, a less stringent classification acknowledging its medical benefits. This historic move, announced by President Joe Biden, aims to address long-standing inequities caused by the previous classification, which placed marijuana in the same category as heroin, fentanyl, and methamphetamine.

“This is monumental,” Biden declared in a video posted on X, emphasizing his commitment to reversing the failed approach to marijuana that has upended many lives. The Drug Enforcement Administration (DEA) submitted a notice of proposed rulemaking, opening a 60-day public comment period.

While the rescheduling marks a significant shift at the federal level, it does nothing to specifically help those incarcerated due to cannabis criminalization, whom Biden referenced in his announcement when he said he’s committed to “righting those wrongs.” Schedule III still maintains federal control over cannabis and does not make it legal to possess, consume, or grow without a doctor’s prescription. The many legal discrepancies between state and federal laws will remain unresolved.

However, the reclassification could benefit the cannabis industry by reducing tax burdens, particularly by removing marijuana from the IRS code’s Section 280E. This would allow legal cannabis businesses to deduct ordinary expenses, fostering growth in states where the plant is legal. It could also make it easier for scientific research to be conducted around the medicinal benefits of cannabis.

Vice President Kamala Harris highlighted the reclassification as a crucial step toward change, and Senate Majority Leader Chuck Schumer reiterated the need for Congress to end federal prohibition entirely. While many will see this advancement as a step in the right direction, achieving comprehensive reform will require continued efforts to align federal policies with state-level legalization and to ensure restorative justice for those affected by criminalization.

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The state flag of California flying on a clear, blue sky day.

California Has Seized at Least $61M in Illegal Cannabis Since Start of 2024

California’s cannabis enforcement task force has seized more than $61 million in illegal cannabis products since the start of the year, Gov. Gavin Newsom’s Office announced on Tuesday. The crackdowns have so far led to the seizure of nearly 36,600 pounds of unlicensed cannabis and the eradication of over 62,000 plants. 

“While we watch California’s legal cannabis market grow to become the largest worldwide, we are taking down those who operate outside the law. Putting a stop to illegal cannabis operations also means stopping organized crime, human trafficking, and the spread of illegal products that harm the health of Californians and our environment.” — Newsom in a statement 

From January 1 through April 30, the Governor’s Unified Cannabis Enforcement Taskforce conducted operations in the counties of Alameda, Fresno, Humboldt, Kern, Los Angeles, Riverside, San Joaquin, Trinity, and Orange. In addition to the unlicensed cannabis products, the enforcement actions uncovered 11 firearms. In all, five people were arrested in the crackdown.

Since its inception in 2022, the task force has seized $406,359,957 in unlicensed cannabis through 256 search warrants, according to the governor’s office. The task force has also eradicated 409,656 plants and seized 139 firearms.

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Cannabis-Related Pediatric ER Visits Decline in Virginia Under Intoxicating Hemp Restrictions

Cannabis-related pediatric emergency room visits in Virginia have declined 21.5% after the state passed regulations on intoxicating hemp-derived products, according to Virginia Hospital and Healthcare Association data outlined by WTOP News. The new laws regulating the products went into effect last July and requires CBD and THC products to have clear labels that include ingredients and places restrictions on the chemical concentrations in the products. 

Julian Walker, vice president of communications with Virginia Hospital and Healthcare Association said that the organization “also saw a reduction between 2022 and 2023, and a reduction between the first half of 2023 and the second half of 2023.”  

“So big picture, that’s what the numbers show. That after several years of a trend of increasing pediatric emergency department visits for cannabis exposure, after this law took effect on July 1, 2023; in the six months after that, we saw the number of visits that we had been recording in hospital emergency departments, we saw them decline.” — Walker to WTOP News 

Walker said the shift “coincides with the implementation and effective date of this new state law,” but that “to definitively say ‘this is causing this’ or ‘this is attributable to this,’” the organization “would need to do deeper data analysis.”  

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Texas Cannabusiness Launches Nonprofit Trade Organization as Lawmakers Seek Potential Hemp-Derived Cannabinoid Ban

Austin, Texas-based Hometown Hero on Monday announced the launch of the Texas Hemp Business Council (THBC), a nonprofit trade association focused on advancing and protecting hemp-derived products in the Lone Star State. Hometown Hero is a veteran-supporting cannabis business of hemp-derived THC and CBD products. 

In a statement, Cynthia Cabrera, chief strategy officer at Hometown Hero and THBC founding board member, noted that “Sales of hemp-derived cannabinoids in Texas generate more than $8 billion annually, and the industry employs 50,000 workers and contributes to a $22 billion supply chain.”

“We founded the Texas Hemp Business Council to help ensure that these consumer goods remain legal in Texas, while giving adult consumers and veterans continued access to hemp products that have become vital to their everyday lives.” — Cabrera in a press release 

The THBC says the group’s formation comes amid potential bans and overregulation of hemp-derived cannabinoids, including delta-8 and delta-9 THC products in Texas. 

Lukas Gilkey, CEO at Hometown Hero, added that a trade association is “essential” ahead of what he described as cannabusinesses’ “toughest fight so far” in the state.

“Whether it’s in the courts, statehouse, local agencies and even Congress, the Texas Hemp Business Council is committed to sensible regulation of hemp-derived cannabinoids that protects consumers, prohibits access by minors and safeguards the entire supply chain,” Gilkey said in a statement. 

In a video posted to YouTube last week, Gilkey called the THBC “an important step forward” for Texas cannabis businesses in “representation in the legislative session” and keeping hemp-derived cannabinoid products legal in Texas.  

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Report: Total U.S. Adult-Use Cannabis Taxes Have Surpassed $20 Billion

According to a recent Marijuana Policy Project (MPP) report, U.S. states with cannabis legalization policies have generated more than $20 billion in cannabis tax revenue since Colorado and Washington launched the country’s first legal, adult-use cannabis markets in 2014.

The report — which covers up to the first quarter of 2024 — found that 2023 was the highest-earning year yet with nearly $4.2 billion in cannabis tax revenue from adult-use sales. Among individual states, California earned the most last year at just over $1.08 billion, followed by Illinois ($552,166,729), Washington ($532,516,060), and Michigan ($473,303,560).

The report accounts for the excise and sales taxes for individual states and does not account for medical cannabis sales (or taxes).

“State-legal cannabis sales continue to provide significant economic benefits. With over $20 billion generated in adult-use cannabis tax revenue since the first sales began, the legal cannabis industry is providing much-needed funding for crucial services and programs in states across the country. Additionally, the implementation of adult-use cannabis markets has spurred significant job growth, creating hundreds of thousands of new employment opportunities, along with thousands of new small businesses.” — Karen O’Keefe, MPP’s director of state policies, in a press release

So far, 24 states have bucked the federal prohibition of cannabis by adopting statewide cannabis reforms — however, not every state enjoys legal sales. Virginia lawmakers legalized cannabis for adults but stopped short of issuing commercial licenses, whereas Delaware and Ohio have yet to implement their regulated markets.

Meanwhile, a recent cannabis industry jobs report found that the legal market currently supports 440,445 “full-time equivalent” positions.

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Ohio Adult-Use Cannabis Market on Track for June Launch

Ohio’s adult-use cannabis market is on track to launch in mid-June after lawmakers in the Joint Committee on Agency Rule Review advanced the industry’s proposed regulations, the Associated Press reports.

State voters passed a cannabis legalization proposal last year which took effect in December, granting adults aged 21+ the right to possess, consume, and cultivate cannabis at home. But the voter-approved law also called for a fully operational and regulated adult-use market by September 7, which lawmakers have been working toward for months.

The new rules would create a dual-licensing program wherein existing medical cannabis dispensaries would be allowed to service the new, adult-use market. With the rules advancing on Monday, the application period for dual licenses allowing adult-use sales could open by June 7.

Tom Haren, spokesperson for the Ohio Cannabis Coalition, said in the report that he expects most of Ohio’s medical cannabis dispensaries will apply to be dual licensees. And future licensees will be ready quickly, he said.

“Our members have obviously been anticipating the rollout of adult-use sales. They’ve been working on getting processes in place, making whatever changes they need to to procedures. We’re really excited.” — Haren, via the AP

Gov. Mike DeWine (R) in February urged state lawmakers to let medical dispensaries service adult-use customers.

 

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Brian Applegarth: How Cannabis Tourism is Evolving With Legalization

Brian Applegarth is the founder of Applegarth Strategies, an agency that operates at the intersection of cannabis and travel. He’s also the head of the Cannabis Travel Association, leads the Cannabis and Task Force for the California Travel Association and Destinations International, serves as an industry consultant, and holds a certification as a Ganjier cannabis sommelier—a man of many talents and extensive expertise. In this episode, host TG Branfalt connects with Applegarth to explore the evolving landscape of cannabis tourism, delve into the unique challenges and opportunities within the industry, and revisit how the landscape has transformed since Brian’s last visit to the show. Listen to the podcast below, or scroll down for the full transcript!

Listen to the podcast:

Full transcript:

Editor’s note: this transcript was generated automatically and may contain errors.

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TG Branfalt:

Hey there, I’m your host, TG Branfalt, and this is 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 Brian Applegarth. He is the founder of Applegarth Strategies and Agency specializing in the intersection of cannabis and travel. He’s also the founder of the Cannabis Travel Association and leader of the Cannabis and Task Force for the California Travel Association and Destinations International, an industry consultant and a certified ganji cannabis sommelier guy with a lot of titles, a lot of experience. Brian, how are we doing?

Brian Applegarth:

Doing great, TG. Thanks for having me on.

TG Branfalt:

Real excited, man. I mean, you were one of the earlier guests on the podcast, probably back in 2020, 2021, so a lot has changed since then. But before we get into that and how that’s affected the cannabis tourism industry, tell me about, remind listeners about you and what you do.

Brian Applegarth:

Yeah, I mean, essentially I’m a cannabis travel and tourism subject matter expert starting with data. So my work revolves around the cannabis travel audience in the United States, which as of last year accounted for about 72 million Americans. And I work with destinations. A lot of times I’m working with the travel economy, so typically destination marketing organizations will bring me in to help develop strategies that can really cater to this cannabis travel audience that exists today. So yeah, I’m pretty much just passionate about cannabis tourism and travel and moving that conversation forward.

TG Branfalt:

In the couple of years since we’ve last talked, what is new in cannabis tourism? I know different states have gone online and each have sort of different laws and have include any provisions making tourism easier. What’s been going on?

Brian Applegarth:

Yeah, well, I mean, I believe we’re at an inflection point of really the coming alive of the cannabis travel economy or the experience economy. And I really do look at cannabis travel and tourism as its own industry. For example, the travel industry in California is about 140 billion industry. The cannabis industry of California today is about a 6 billion industry. So as cannabis experiences start taking off in this new kind of legal landscape, what does that mean for the tourism and travel economy and how is cannabis integrating into that visitor ecosystem from marketing to hotels, to airports, to rental car companies and beyond? So really where we sit today are cannabis lounges. I prefer actually cannabis consumption spaces, I believe is more accurate. We do have, of course we have lounges. Many times people think in terms of smoking and inhalation, but the truth of the matter is it’s rapidly evolving with cannabis consumption spaces, including beverage bars, infused culinary dining.

There’s a cannabis spa that exists in California today. There’s different cannabis retreats, wellness retreats. There’s of course cannabis events, which are a really important part of travel. So it’s really expanding in a very innovative way. And the exciting part is you’re seeing this come alive in these more mature adult use recreational legal destinations, and you’re seeing buy-in from both the travel industry and now you’re getting in the cannabis industry. Some more sophisticated brands, shops, lounges and beyond that are really starting to buy into that tourism economy and understand the difference between a resident spend versus a visitor spend and why that matters.

TG Branfalt:

Well, there’s a couple of things that I’ve noticed here in New York. One, they do allow for sort of social use spaces, but haven’t rolled out any regulations or anything like that experiencing. Is that something that a lot of states and cannabis companies are experiencing these late roll-outs?

Brian Applegarth:

Yeah, I think people are finding their footing. I think depending on the destination and just depending on the landscape from a local state level, there’s this kind of patchwork, which we’re all familiar with in the cannabis space. I kind of call it the wet county dry county model and what that looks like for cannabis. I live in California, so here I would guess that we not guess, we have approximately, I’d say between 60 and 80 cannabis consumption spaces now in the state of California. And again, that runs the gamut from a cannabis spas to lounges, indoor places, outdoor places, there’s lounges that have food service, there’s lounges that have this little oasis area with ponds and parrots in the back, ones that have, there’s a lot of stages. So you’re seeing programming starting to come alive, like with everything from poetry to music performances to burlesque to comedy and beyond, which is a really exciting space to watch, evolve.

You see a lot of lounges that are trying to figure it out. There’s a lot of focus still on the transactional side of cannabis, and we understand why. Obviously there’s a lot of taxes and barriers right now to having a successful business, but we are seeing learnings and people starting to develop more compelling models to really serve that visitor experience. And as that happens, you’re seeing the travel economy with the massive size and reach starting to wrap their arms around not all cannabis businesses, but the cannabis businesses and brands that are investing in that visitor economy into the travel economy. And they’re looking at themselves not just as a retail shop selling weed, but as an attraction, providing an experience. And that obviously dips into this consumption lounge space, but then it goes into the private kind of models where people are having these getaways, these infused culinary dinners, which is a really exciting kind of space as well.

TG Branfalt:

And you had mentioned marketing and it’s very limited, and I’ve just had this discussion with another operator on this podcast about marketing and how disparate state laws create a sort of challenge for businesses to market. How are cannabis excursions just the sort of destinations, if you will, how are they marketing within these frameworks?

Brian Applegarth:

So I mean, the most sophisticated people that are engaged in this visitor economy strategy space are one, starting with the data. Who is the cannabis travel audience? What are the four different archetypes? And the four different archetypes that I’ve been measuring in partnership with MMGY travel intelligence since 2019 are the canna curious traveler, the cannabis wellness traveler, the cannabis connoisseur, and then the ceremonial traveler. So people that use cannabis in specific ritual and ceremony, which is a really fascinating archetype. I believe that’s the biggest differentiator for cannabis as a travel experience product in the long term because it really focuses around wellbeing and what does it mean to have an entheogen and be microdosing cannabis to enhance that destination travel experience. So it starts with the cannabis travel audience data, and then it’s understanding that you have these standalone cannabis experiences which happen in cannabis shops and lounges and cannabis, let’s just say those three are kind of the three temp poles right now.

But then you have of course, these private events that are also kind of these confused, culinary, et cetera. But then you have cannabis as it integrates into the greater destination brand and the greater destination experience. So the more sophisticated cannabis brands and operators are looking at what destination am I in, what is the power of the travel economy and what is the destination brand, right? Because every destination has a brand that they promote for visitation, like in Palm Springs, it’s find your Oasis in San Francisco. It’s got a different bend in Sonoma County or in Mendocino County. It’s got a different brand with literally brand guidelines. So the more sophisticated cannabis brands and operators are starting to look at what is the community I’m a part of? What is the brand, what is the tourism ecosystem, and what does it mean for me to play a part as part of that community?

And what are all the benefits? And it’s really exciting to see this happen. If you actually look at the history of prohibition with alcohol, and you look at the brands that really excel, it was brands that invested in visitor economy strategies, travel industry strategies, look up the history of the alcohol bottle on the trains and what that did for Jack Daniels, Jim Beam and some of the big brands today. And it’s that cross industry strategic partnerships and marketing strategies where that visitor economy, it’s not just the travel audience, it’s all the partnerships that exist in the travel economy that are going to propel the brands that have the appetite for that kind of investment and attention into building that. So as far as that standalone experience, now, another way that cannabis is integrating into the travel economy, the data is showing as of last year that the cannabis travel audience, about a third of ’em, are really starting to understand the concept of pairing cannabis with destination experiences while in market.

And this trend is increasingly known as effect pairing cannabis, essentially pairing cannabis effects with food, art, nature, et cetera. So it’s cannabis as a precursor to your setting or to your environment or to your travel activity. And increasingly the sciences coming out of those cultivars that have an abundance of lemonene versus myrcene and what that means for the consumer, the traveler, as a precursor to a hike on the coast or a precursor to a Michelin star meal. I often say cannabis is the new vermouth, right? Cannabis, the right kind of cannabis can accentuate your palate flavor, taste, and fixture, as well as stimulate your appetite. And that’s not all cultivars, that’s only certain cultivars. So those are increasingly going to be the pre-dinner aperitif. And I believe that we’re entering into that era of not just cannabis experiences and lounges and events, but the notion of pairing cannabis to enhance your travel itinerary or your travel experiences. So that’s really exciting.

TG Branfalt:

What of consumers are you seeing? Is it predominantly young people? Is it predominantly older people? What does that look like?

Brian Applegarth:

Yeah, absolutely. Well, the cannabis travel audience, the short version is when you look at the cannabis travel audience versus the average active leisure traveler, the cannabis travel audience travels more often, stays longer, and spends more while on a destination. And this is something that the travel industry is watching closely, right? Because this is economic impact at the end of the day, and on the cannabis through the cannabis lens for shops and lounges, this is an opportunity to capture that economic impact. And I’ll tell you, when you’re in a visitor mindset of when in Rome, you’re going to drop that extra spend because you want to smoke that blunt from the Emerald Triangle with the best weed in the world, or you’re going to buy that premium hash and you’re going to sit and look at the ocean and smoke some weed while the sun goes down, or you’re going to get a great cracked beverage that is locally made.

So it’s all about placemaking. Also, the average spend that we’re seeing with the average cannabis traveler is about 2,500 bucks a year. So that’s kind of the money on the table. As far as the generational breakdown, we see a very strong attraction to this with Gen Z, right? Surprise surprise, where about 70% of Gen Z say they have an interest in participating in at least one cannabis related activity while on vacation. No kidding. So they’re choosing destinations where cannabis can be a part of that destination experience. About 56% have kids about 28%, which I think is an interesting data point. And again, we’ve been measuring this audience since 2019 with MMGY Travel Intelligence year over year. It’s part of their report that’s the portrait of the American traveler. It’s one of the modules that we consistently are working with. So as far as interested in cannabis activities, what they’re looking at this cannabis interested travel audience, again, in the US it’s about 72 million people, about 37% of the active leisure travel audience.

Number one is they want to visit a dispensary. They look at visiting a modern day cannabis shop as an attraction. And I work with Planet. I kind of cross over with Planet 13 because Travel Santa Ana is one of my clients. And when I visited their shop out in Vegas, I chatted with some of the staff out there and they were saying that 30% of their visitation will come in and not even buy, but they’re just there to look at the scope of what exists. So the then becomes how do you convert a spend from those people and not leave that money on the table? A perfect example of visitor economy strategies and how to capture that. So visiting a cannabis dispensary is the first activity of interest. The second one is trying A THC infused edible. The third one is trying A CBD infused edible, really, right?

Which shows that can of curious, that can wellness traveler. The fourth one is visiting a cannabis lounge or consumption space. And then the fifth one is having a spa treatment. What a concept to actually visit a cannabis infused spa. And I don’t think it’s surprising because the best highest form of cannabis travel and tourism today is going to reflect the capacity and the capabilities of the cannabis plant itself, which is a therapeutic ancient medicine plant that manifests in all kinds of ways, from topicals to beverages, to edibles to culinary, to the nutrition of a hemp seed, and yes, premium hash and amazing flour. So it’s super exciting because I still think on the travel side and on the cannabis side, people are finally starting to wake up to the expansive toolkit that cannabis and quite frankly, hemp is, and how that’s going to integrate into the global travel economy, which is an incredible industry to tap into if you’re a cannabis brand shop lounge event that has that vision and that recognizes to integrate into a mature industry is going to benefit your growth. So that’s where my agency works is at that intersection.

TG Branfalt:

And so what about, you mentioned the sort of worldwide and growth in the tourism industry. How are you and others focused on tourism connecting with non-cannabis businesses to get them on board? What have been some successes and some challenges in that role?

Brian Applegarth:

Sure. Well, I mean, I jumped into this in 2013. I just hit like 10, 11 years in focusing on cannabis travel and tourism, and it went from crickets in the room to now today. Well, that last kind of seven year stretch, six, seven year stretch was all about case studies, basic education about what is cannabis, really kind of debunking all the reefer madness stigmas and talking in a very fact-based way about cannabis and how it was part of the US medical Pharmacopia, and it was found on pharmacy shelves talking about the research and study of O’Shaughnessy and what those findings were early on when cannabis was studied over in India using ancient kind of cannabis case studies to reframe and actually bring out the truth of what kind of this plan is capable of and why it matters in travel and tourism today. So a lot of education data and case studies, the data really hit an inflection point in 2019. That study we did at the national in the United States, it was a national scale, was the first ever study globally on the cannabis travel audience, which is where the conversation begins. So now there’s an audience to reach, how do they choose their destinations, how do they spend and how do they move about a market when they’re visiting a place? So it’s an industry, it’s a business about how do we engage this audience and how do we evolve to meet the moment and to integrate these experiences within the travel economy.

Obviously the evolution of trends like this effect pairing trend and the data showing that the audience has this IQ that goes above and beyond, Hey, let’s go to a cannabis event, where now they’re looking at it as it gives you a dotted line to the other segments of travel, like arts and culture. So now there’s data that shows that cannabis has a relationship that drives economic impact and interest to other parts of the travel economy, whether it’s arts and culture or restaurants and culinary, right? It’s that cannabis as a precursor to the Michelin Star meal, which is very different than the cannabis infused dining experience where you’re sitting there with the plant being integrated into the meal. So understanding how those are different is a really interesting development of trend. The beautiful part is policy is slowly inching along too. In California this year, it looks like we have two bills that could really move the needle.

We have the Cannabis Cafe bill, which will basically bring in some food capacity as well as ticket sales and a few other things that really elevate the retailer above and beyond shop or a lounge above and beyond a lounge where you have to kind of play and figure out creatively how to make this interesting. So hopefully that Cannabis Cafe Bill will pass. We also have the Cannabis Catering Catering bill that actually the origin of that bill is the Cannabis Travel Association. We worked hard to look at the Alcohol catering license in California, and the first draft was doing a cannabis version of that. And the reason that that is so important is because it gives the hotel industry of California and the hospitality industry of California the ability to have a relatable license where they can be like, okay, I understand that that’s a very clear legal pathway to having cannabis catering at a wedding on my property.

So it kind of takes all that guesswork and that gray area out and normalizes cannabis and makes it accessible so we can keep normalization and create a new distribution point in hospitality and tourism specifically. So the policy evolution’s awesome. A lot of my work in the past four or five years has been with what I think, well, I mean probably biased because it’s where I live and breathe day to day, but it’s with destination marketing organizations like San Francisco Travel Visit Oakland, visit Mendocino County. I’ve worked with about 20 destinations at this point doing different scopes that all center around the cannabis travel audience and what is the strategy. And typically, there’s a few phases to that. There’s of course, the foundational education data. Let’s go ahead and get everybody singing, understanding what this is in a real factual way and the data behind it, and then there’s some destination development that needs to happen.

Sometimes that comes in the form of an experienced product, like if you look@thecannabistrail.com or if you go to the Visit Oakland website, you’ll see a trail that is an expanded version of the cannabis trail itself. You could look at Visit Modesto has a cannabis passport. So you see these different experience products where the destination is investing. Now, unfortunately, the cannabis industry and a lot of ’em are buried and stressed and trying to figure out how to survive, but they haven’t been able necessarily to really show up and meet the moment. There’s a handful that do. I’m kind of surprised with all the complaints about marketing and cannabis when these opportunities come with this powerful partnership that shops and lounges don’t make the space to really understand the gravity of what that means. Interesting. But there was a big inflection point this year where now we have the first ever cooperative marketing campaign happening in California between three different destinations that are coming together to market and to promote and to uplift the cannabis trail, which is a nine county trail in Northern California.

That is a cultural trail that kind of celebrates how cannabis has been part of California history and culture. The last thing I’ll mention that I think is exciting is, and I don’t think a lot of cannabis brands and businesses know this, but about two or three years ago, visit California basically awarded a poppy award, which is a big deal in the travel industry of California to visit. Modesto was a top three finalist for basically a marketing strategy that had to do with the cannabis passport last year visit. Oakland was a top three recognized destination for their cannabis trail and their cannabis program, specifically their campaign that was this four 20 choose equity travel, the Oakland Cannabis Trail, and that was a US travel award. So you’re seeing whether the cannabis industry is aware of it or not, the travel industry is picking up on this and understanding the importance of integrating and guiding and supporting the growth of cannabis brands, businesses, and experience creators that have the IQ and understand the travel industry and want to be part of that as an attraction. And that’s not everybody. So it’s figuring out, is your cannabis brand business interested in tapping into that tourism economy?

TG Branfalt:

And I do want to ask you, I know that organizations like Visit Modesto and Visit Oakland. Those are run by municipalities, but do you get any pushback or anything like that from say, chambers of commerce that in many states initially push back against cannabis legalization and oftentimes, typically don’t want to work with cannabis businesses once it is legalized?

Brian Applegarth:

So I mean, I’ve witnessed some of this in my world too. I mean, reefer madness is real, right? And there’s some super conservative people and some super conservative destinations. That being said, I think that I always approach it with meet ’em where they’re at and bring the data, the fact-based education and the case studies of people that they can look at their peers of the industry. And that is the formula that I have found in travel is that moves the needle. So it’s not about me trying to convince ’em, it’s me being a resource of information. And then as they continue seeing this evolve, they’re going to step into it when the time is right or they won’t. And I mean, I would argue that that is a poor decision as a destination because you should be promoting public safety, and that just doesn’t mean visitor safety.

It means safety of your hospitality industry. You should be supporting your hotel frontline staff, your hospitality frontline staff with understanding how to respond when visitors show up, or if visitors have potentially over-consumed, what’s your best practice as a hotel? This is like, I think it’s essential from a travel hospitality industry point of view to invest in the safety of your destination. I actually equate it to what happened during Covid Covid destination stepped in and took an amazing role in providing information on what was happening, how to deal with it, what are the guidelines today, all the masks, the little window shields, all the non-touch. There was a huge exercise in serving as a public service to your destination stakeholders. I believe at the most foundational level of cannabis travel and tourism, that information provider and public safety role is something that every destination, if you’re in a legal cannabis state, that means people are using consuming, buying, carrying cannabis, which means that your hospitality, your travel economy needs to be ready for whatever that means, right?

And we all know cannabis has this altering effect for the THC rich products. Yeah. So that reform, madness, stigma, it doesn’t bother me. I understand it’s there. I just think you got to be in service and really just bring the fact-based information and data to help move the needle. And then you’ll have the destinations raise their hand that really see cannabis as a differentiator or something that’s really going to become part of their destination brand visit. Oakland is a great example of this. So is Visit Mendocino County. I’ve also started working with Humboldt County Visitors Bureau, so the Emerald Triangle is obviously key. I’ve done some work with Hello Burlington, doing some education out in Vermont. So these destinations are definitely starting to look at this audience and the opportunity, and I think it’s a great time for any cannabis brand or business listening this podcast to start really thinking about what’s your plan?

There was a study that came out, a data point that came out from Whitney Economics. Beau Whitney does great data, and essentially it came out through Forbes in May, 2022. So it’s a little dated, but I think it’s worth bringing up here today, basically of the 25 billion of cannabis spend and revenue in the United States back in 20 22, 4 0.5 billion of that. So let’s just say 2020 5% was attributed to the visitor spend. Now, what’s interesting about that is for every dollar spent in the travel world, we talk about an incremental multiplier because visitors, they’re going to restaurants, they’re going to art galleries, they’re going on canoe trips and rafting, and so they are experiencing the destination and they’re spending in a very different way than a resident. So for every dollar spent in a cannabis shop, Bo quoted that about $2 and 80 cents multiplier is injected into the local economy. That’s significant, significant man. And it means that the cannabis tourism opportunity was a 17 billion opportunity for destinations. So if you’re a retail shop, knowing how much of that spend is a visitor spend and making some sense around that and how you’re going to partner with the travel industry and keep growing that and or maximizing the basket size in your shop that already exists. These are all strategies worth considering today because we are at an inflection point here.

TG Branfalt:

I do want to ask another question about barriers, because in many states, if you are a tourist or even countries, I go to Canada quite frequently where cannabis is legal for adult use, but there’s no real great place to consume. You can’t go into hotels, motels, even some RV parks that I’ve been to get a little salty when you light a joint. Are you seeing any evolution on this front with regard to just hospitality, just your sort of mainstream hospitality organization or companies?

Brian Applegarth:

Yeah, I mean, I really, I promote having a plan, right? Because there are people that like to inhale, whether that’s smoking or whether that’s vaping, which are both a little bit different. And then of course, all the other products that are beverages, edibles, all the other ways to consume topicals, et cetera. So I encourage hotels and resorts to say, are you cannabis friendly? And if so, what does that mean? Are you inhalation friendly or not? Do you have a dedicated place on your property where you can communicate in a very clear way to your hotel guests so they know what is and isn’t allowed? I’ve worked with a couple hotels where we’ve actually done bespoke programs where they offer cannabis delivery as a service amenity in their hotel.

And some of these hotels, the menu that we curate for the hotel approved menu are products that are five milligrams or less, and they’re all non inhalation. So now you have a product, and instead of turning it into a weird conversation where it’s all about where do I smoke? And now I’m cleaning the room and there’s an extra fee and it’s a negative, maybe there’s a bad Yelp review. This is all brand tarnish from a destination brand perspective or a hotel perspective. So if you work with a hotel to actually have a clear plan, partner with a lounge, make sure you pick a lounge or a shop in town that’s on brand for your hotel guest. I’ll remember one hotel I was working with, I was in there kind of secret shopping and talking to the valet and being, Hey man, we can I get some weed? And he was recommending a delivery that was unlicensed. And then of course, and this was before I worked with them, so I was identifying all the risks and gaps.

And the worst thing is you have a hotel where you have your frontline staff recommending a black market delivery or underground delivery that’s not licensed delivering untested products. I would actually say that the risk for you in that capacity by putting your head in the sand is your risk is exponential and unknown. Because if that unlicensed delivery is now delivering untested products to your guests that was recommended by your staff and something happens there like vape gate, how does that play out for you as a business that serves guests? Another problem I saw was you have deliveries show up where they walk in the lobby shop and they’re off brands. Let’s just say that they’re not part of a four or five star hotel and they’re parking their car in front of valet and throwing the hazards on. There’s no, so not having a plan is a route you could take.

I would argue that the risks are exponential and unknown, including brand tarnish on your hotel as well as your destination and potentially the health of your guests. So at what point do you start making a plan to be train your staff in this kind of thing? So yeah, I mean, those are some of the things that I saw. Another thing I saw was you’d have people that would use the cannabis in the room and they would leave their products on the table or whatever, and then of course, housekeeping or somebody would eat the chocolate, and all of a sudden you’re dealing with, so having a disposal program where you clearly tell people, if you don’t use your cannabis products, make sure you please dispose of them in the trash in this way or in this container is just another thoughtful way to put up the guardrails to make sure that you’re ensuring a safe place of work, a safe visitor experience, and you’re kind of mitigating all the risks and negative impacts that can come when you don’t have a plan or you’re not addressing it.

TG Branfalt:

So on your website, you have endorsements for many travel industry CEOs, you’ve mentioned many of them, such as Visit Modesto, visit Oakland, hello Burlington and Travel Santa Ana. Was it an uphill climb getting those organizations and organizations like those on board with cannabis tourism?

Brian Applegarth:

I wouldn’t describe it as an uphill climb. I knew that it would come. I just didn’t know when. So when I started in this, when I started jumping into cannabis travel and tourism, I knew that I was one of the first, if not the first, doing this in the travel side of the industry especially. And I knew that I needed to follow where leadership directed me, where they wanted me to apply my energy and my efforts and my brain power. And that was data and information and education. And over years, I’ve been attending travel industry conferences and been supporting the travel industry in navigating the cannabis and hemp discussion for 10 plus years now. And over that time, you develop relationships and trust. And also I understand how that industry operates, right? It’s very different than the cannabis industry, the travel industry. They literally have an annual marketing framework that the whole industry looks at through Visit California in this instance.

And the destinations international, they have membership from around the world, from Japan, a lot through North America, plenty of representation out of Canada, all across the United States. And they literally roll out a cannabis, or excuse me, a travel industry lexicon every year to talk about what’s being said at the national and international level. And this is because it’s a mature industry with leadership at the top that’s steering a really big ship. The legal cannabis industry is nascent, burgeoning, and still trying to figure out what we do as an industry to help guide the cannabis industry voice, and what is that connective bridge or that connective thread to an industry like travel where that cannabis experience economy is intrinsically linked. And you even see this in manufacturing. I want to bring this up too. I think that the cannabis industry will be able to have better representation and more influence if we have more and more beyond shops, consumption lounges, consumption spaces, sampling rooms, spas beyond all those kind of very, there’s also this manufacturing capability. Think of the Coors Brewery factory in Colorado, or the Launi has an amazing tourism strategy in Sonoma County,

TG Branfalt:

Ben and Jerry’s outside of Burlington.

Brian Applegarth:

There you go. So I used to live in Sonoma County, and when I was up there, I sat down about five, six years ago with the team up there, and they told me they put through about 30,000 people a year that by swag, they go on tours, they become evangelists and walking, talking billboards of the brand and the culture, and they enroll, they subscribe. It becomes part of that consumer identity through travel and tourism and experience creation. So I think manufacturers starting to think in these terms. Lounges starting to really think outside the box as consumption spaces. And how do you curate that experience where, I mean, just imagine it’s a 90 minute experience when people leave there, they feel full of information and surprise and delight moments and joy. Think of how can we start creating an incredibly robust cannabis experience economy that serves the plant, all the capabilities of the plant, and how do we work together to make sure that we’re building that in a way that is really sustainable and we’re kind of letting it be its highest expression. We’re being guides and stewards as an industry, as cannabis industry, to bring this forward in a way where we’re really partnered with the travel industry in a very strong way, and we’re serving, again, the plant in the ground. I find that with my work, typically if you look at the biology of the plant, you understand the history, the case studies, there’s a lot of tools there that you can help bring today into the current kind of tourism and travel ecosystem.

TG Branfalt:

The other thing that I want to really sort of get at is you are the leader of the cannabis and hemp task force for the California Travel Association. Is there a cannabis and hemp task force in any other state travel association that you know of?

Brian Applegarth:

The only other one I’m aware of is the one that I run similar. It’s called the Cannabis and have task force, and it’s for Destinations International. So the task force members there are all pretty much CEOs of destinations, whether it’s Hello Burlington, whether it’s their leadership level, travel industry, CEOs that are trying to learn about this and also listen to each other of what are the fires, where are the pain points, where are the success stories? And those peers trade information, and I’m kind of their guide. I sit here with data information. If I hear something said that’s not accurate, I just kind of bring up some other fact-based education for it. And then I’m really excited now that of course, me and my team are being brought in to create cannabis programs and strategies and even manage marketing budgets that are dedicated toward that cannabis travel audience, which is maybe different than the wine traveler or a different travel segment. Actually, let me actually correct that. The data actually shows that the cannabis travel audience skews higher as a wine enthusiast than the average active leisure traveler, which is another myth I see a lot of battling between the wine and the cannabis industries. And I’m like you guys, we’re catering to a similar audience here. It’s people who love good food, they love good weed, they love good wine, they probably like craft beer. These are people that enjoy being on vacation and enjoy imbibing with effect products that really color out that experience in that way.

TG Branfalt:

Well, I mean, not for nothing. There is some evidence showing that alcohol consumption rates of wine and craft beer have gone down in states that have legalized cannabis. Do you think that other adult use states should have somebody like you a cannabis culturist on these boards? And how do we get individuals into these roles? I mean, you do a lot, but I don’t think you can do it all there, pal.

Brian Applegarth:

Yeah, I would totally advocate for that. I think that having representation is important. I mean, for me, having a well-rounded, well-balanced round table where you have all of your community represented that are business license holders and taxpayers. Now what I would warn the cannabis industry, what I’ve seen been the kind of Achilles heel is it is man, it’s cutthroat. And people are showing up with just their success in mind. They’re not, for some reason, the cannabis industry has a problem sitting down and putting the hat on of, I’m going to represent the cannabis voice in this room and not just my business or my brand. So you got to come at it from a way of stewardship representing the cannabis piece of the pie in the travel vertical, in the travel ecosystem. And I find that that’s really hard for cannabis people right now, cannabis business holders and brands because everyone is fighting in this foundational level still of this young industry.

So I would encourage people that are community minded and that have the time to gather up your data. Feel free to email me, find me on my website@brianapplegarth.com, get some data, get some case studies, and become a resource for your, let’s just say it’s your marketing committee under your destination marketing organization. Understand what that means. A great way to get started is to start following your local destination marketing organization on Instagram and go to their website. Usually you can download their strategic plan, their brand guidelines, start thinking beyond just your brand at least 20% of the time. I mean, looking at the data that Beau put forward, I would argue that, I mean, if you’re a shop, at least 20% of your attention, awareness, marketing budget should go toward tourism travel and the visitor economy and the cannabis travel audience strategies. I did an economic impact study on cannabis travel and tourism in the visit Greater Palm Springs region in partnership with tourism economics.

And they found that certain shops and lounges in this valley up to 50% or more were tourism spends. Now, if your shop is getting 50% from visitor, you better be focused on not just the cannabis travel audience marketing and why that’s so different than resident marketing, but also that travel industry partnerships like in the visit Greater Palm Springs region where I live now, part of the year, the travel industry is an $8 billion industry. It’s a bigger industry than the entire cannabis industry of California today. So if you’re a shopper lounge in this valley across nine cities, Coachella Valley, so get educated, study your DMO website, father Instagram, look into if they have a marketing committee, and make sure that you’re doing it authentically for the greater good of the cannabis industry at large. And again, you can hit me up on the email if you want some collateral that might help point you in the right direction of getting started. But you got to look at yourself as part of an ecosystem that includes airports, hotels, rental car companies, attractions, resorts. Think of yourself as a cannabis attraction, a cannabis experience creator, and do it in the spirit of supporting your whole industry with understanding that in a deeper way.

TG Branfalt:

Is there a way for somebody to maybe do this outside of some sort of official system that allows them to work with legal businesses in providing similar sort of experiences, be it dining excursions? Is there any great advice you would have for anyone who isn’t interested in doing that?

Brian Applegarth:

Let me make sure I understand your question. So people who are interested in starting to create to create their own experience offering, is that what

TG Branfalt:

You’re saying? Yeah, working with other businesses to do that sort of thing without the backing of maybe their local travel organization.

Brian Applegarth:

Yeah, no, I mean sometimes I use the phrase the coalition of the willing and isn’t in terms of if you find those restaurants, those art galleries, maybe it’s an event that’s coming to town that’s not cannabis, but it has this data-driven dotted line. For example, let’s just say it’s a food and art festival where you’re like, man, cannabis food and art that pretty on the nose. I like that. So then you reach out to the festival producer and you start exploring of how can we collaborate around this? And the beautiful part about that proactive approach as well is if you’re marketing it and messaging it correctly to the travel industry stakeholders of your destination, the destination marketing organization will take note. They’ll see the cannabis brands and the cannabis experience outposts, or whether that’s a shop or a lounge or something else that are actively integrating with the community in a way that’s very experiential and very storytelling rich.

And as you become one of those trusted partners, you will enjoy the benefits of that, which is increased foot traffic from the cannabis travel audience, increasing your spend in shop. If you’re investing in your internal, in shopper, in lounge strategies or in consumption space strategies, you’ll have really amazing partnerships that very few other cannabis brand shops or lounges or partners have. And as long as you invest in continually being one of the shining kind of lights for the experienced storytelling, you’re going to widen your kind of cards in your deck when it comes to creating a successful business. And I would argue that there are cannabis shops and lounges and consumption spaces where it is vital that you integrate. And if your travel economy is the biggest economy in your destination, then you better be looking and giving that attention and investment and thinking about real sustainable replicable strategies year over year where you could continue to grow and engage the travel industry in that way because that’s going to be a differentiator that sets you apart.

TG Branfalt:

I think that’s really, really astute sort of advice, and I appreciate you answering the question. I do want to ask switch gears a little bit and ask you about being a cannabis sommelier. There may be a lot of people listening to this podcast who have no idea what that is or what you do in that role. So could you explain that a bit?

Brian Applegarth:

Absolutely. Yeah. So basically I took the GANJI certification, which is a cannabis sommelier course that was developed in California with about 25 just luminaries. And that’s what got my attention was twofold. I was very aware when it was in development. The people that developed the Ganji, the crew that they brought in to do this was very well orchestrated. And also, obviously a cannabis sommelier is an incredibly important role in travel and tourism. So I knew early on once this thing got launched, I wanted to get the certification and understand what it was because it is an absolute bullseye when it comes to tourism and travel, and I don’t think I have to expand beyond that, but just think of Napa Sono wine Country wine sommeliers and how robust that is in tourism. So basically it was a course that was very rich with education, everything from cannabis history and culture to the ability to analyze and assess concentrates and flower.

You use a jewelers loop to see how ripe the trichomes are, and then of course, being able to analyze and assess terpene profiles, cannabinoid profiles, assess trimming, the quality of the trim, and then of course the effects of the smoke. So it’s really understanding that raw flower. We also do get into topicals and some of those things as well and how that’s used. So obviously with cannabis, there’s a lot to unpack. I would highly recommend that people look into the ganji. It’s a fantastic knowledge base. And what I really like about it is I see all the other Ganji graduates that we’re a part of, and each one has their own specialization and expertise. And there’s some people that are super hardcore concentrate people and other people that are more into beverages and edibles, and now there’s people being hired to be reviewers and other people are trying to more to be in charge of purchasing in cannabis shops to really assess the quality and kind of price, the price of the, and what the consumer is getting.

So yeah, I mean, for me, my kind of niche in that ganji world is I am definitely a culturalist and kind of an amateur historian. I love telling that story of cannabis as a plant that has co-evolved with human beings and pointing to the biology of the endocannabinoid system and the flower and how it’s one of the most evolved intelligent plants that we have access to and how we should be utilizing that. I also am more of a flower guy. If I’m smoking, it’s straight flour and hash. I don’t like it infused with anything I like, either nice, pure hash or pure flour. I’m definitely a sungrown person. I want my flour grown outdoors in an Appalachian, in a terroir, because for me, with travel, it’s all about placemaking. And if you could tell a story about a farm and not just a farm that maybe was running from camp during the war on drugs and has an amazing cultural, historical past of legacy, but also today is growing terroir, microclimate, sungrown, beautiful cannabis flowers, and why that makes that specific place or that specific slope or ridge or that soil special that is tourism.

So definitely drawn to more of the legacy regenerative outdoor sungrown craft, and then the craft products that are made from that sungrown flower. And if you look at the science as far as the cannabinoid expression and the terpene expression, if you look at the full spectrum of sungrown, it’s impossible to replicate the sun, the wind, the natural elements, and the way that the cannabis expresses itself will show you that. So in my opinion, sungrown is the highest quality, and it comes down to the science and having the fullest spectrum of therapeutic properties and compounds.

TG Branfalt:

I mean, you can absolutely, I’m not a sommelier or anything, but you can absolutely tell the difference between something that was grown indoors and something that was grown outdoors. To your point, what to you is the most exciting thing about the maturation of the industry?

Brian Applegarth:

I mean, the most exciting thing for me is I really do feel like cannabis and hemp are coming forward at a critical time in human evolution and the evolution of a global culture. We have technology at our fingertips in the last a hundred years. We have airplanes and transportation, and now we have this ancient plant that has all this capacity to help be a vehicle to facilitate hopefully a more sustainable, tolerant, compassionate, healthy world. And in my instance, I look at travel and tourism as my platform to try to do my best every day, to be a guide for the plant, to be recognized for what it is. Really, it’s just being a vessel and a vehicle to make sure that cannabis travel and tourism as it gets adopted and integrated into the global travel economy, that we’re not just thinking about smoking weed and lounges.

We’re also thinking about how hemp integrates into hotels and into the travel economy to uplift sustainability. We’re thinking about flowers of cannabis that are grown in a regenerative way, right? We’re thinking about what cannabis meant and the war on drugs meant for urban communities that were negatively impacted by the war on drugs and why equity license shops is a really important lesson that we should look closely at and not forget the roots of and why restorative justice is a pathway toward a more sustainable global culture where we all are able to work together to really make a better, healthier, happier world and a more tolerant, compassionate, global society. And it’s a really interesting time through a lot of flowery words out there, but that’s genuinely what drives me is I do believe that hemp and cannabis have immense power, and we need people at the top of the cannabis industry and the travel industry and other industries where there’s intersections that are doing the right things for the right reasons, that aren’t just driven by more is better, and that are just focused on certain gains that are not having long lasting impact on really making things better for people.

And planet.

TG Branfalt:

Brian, man, it’s been a couple of years. You’re even more somehow a fountain of knowledge than you were during our first episode a few years ago. And I really appreciate you taking the time, coming on the show again and updating us on the state of cannabis travel and tourism and the whole thing. Where can people find out more about you and all of your many hats?

Brian Applegarth:

Yeah, absolutely. The best website, well, there’s two websites. One is brian applegarth.com, that’s Brian with an I and the other website I would encourage everyone to take a look at who’s interested is the cannabis trail.com. That is a project that’s near and dear to my heart. I’ve been working on that for about six, seven years now. It’s a nine county trail and it’s really coming alive, and we’re creating an app at the moment that we’re going to be launching next year. So the cannabis trail.com, check it out. And if you want to learn more about Apple Garth strategies and what myself and my team offer for services for destinations, but also cannabis brands, we are starting to work with cannabis brands and businesses that want to start investing in the visitor economy and the travel economy. So if you see something that has interest, check out those websites and reach out to us and we look forward to hearing from you. And tg, I really appreciate you bringing me on. Thank you so much for what you do.

TG Branfalt:

It’s always a pleasure, man. Always a pleasure. Hopefully next time it won’t be a couple of years between us connecting. It’s Brian Applegarth. He is the founder of Applegarth Strategies, an agency that specializes in the intersection of cannabis and travel. The founder of the Cannabis Travel Association, leader of the Cannabis and Hemp Task Force for the California Travel Association and Destinations International. He’s also an industry consultant and a certified Ganji cannabis sommelier. You can find more episodes of the entrepreneur.com podcast in the podcast section of entrepreneur.com or wherever you get your podcast. It’s on the entrepreneur.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 entrepreneur.com app in iTunes and Google Play this episode with Engineered by Wayward Sound Studio. I’ve been your host, TG Branfalt.

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Customs and Border Patrol Still Seizing Legal Cannabis Products In New Mexico

Federal Customs and Border Patrol (CBP) agents are seizing legal cannabis products in New Mexico during product shipments from the southern to northern parts of the state KFOX14/CBS4 reports. The seizures, which the CPB says are legal under federal law, have been occurring for months.

“Although medical and recreational marijuana may be legal in some U.S. States and Canada, the sale, possession, production, and distribution of marijuana or the facilitation of the aforementioned remain illegal under U.S. federal law … arriving at a U.S. port of entry, or at a Border Patrol checkpoint may be deemed inadmissible and/or subject to, seizure, fines, and/or arrest.” — CBP in a statement via KFOX14/CBS4

Ryan Strand, owner of Smokey Roads Farms in the Las Cruces area, said his company has “lost about $20,000 worth of product” in the CPB seizures. His farm is located south of CPB checkpoints.

In a phone call leaked earlier this month, outlined by KOB4, Gov. Lujan Grisham (D) said she was “frustrated” by the CPB seizures and that she has expressed those concerns to Homeland Security Sec. Alejandro Mayorkas. A spokesperson for Grisham told KOB4 that the recorded conversation was with “a high-level administration official” but did not name the individual.

“Either we have to adjust it, or we have to send you a letter saying you’re persecuting a state. You are not using your discretion,” she said in the recorded call. “You’re not working with me on immigration.”

Grisham’s spokesperson said that “Sec. Mayorkas assured the governor that federal policies with respect to legalized cannabis have not changed.”

It’s estimated that CPB has so far seized at least $370,000 in cannabis products from licensed cannabis companies.

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Minnesota Lawsuit Contends State Constitution Allows Individuals to Sell Home-Grown Cannabis

Four individuals who cultivate cannabis in Minnesota are suing state cannabis regulators, arguing that the state constitution allows them to sell what they grow without a license, MinnPost reports. The plaintiffs cite Article 13, Section 7 of the Minnesota Constitution, which says: “No license required to peddle. Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor.”

The plaintiffs include four residents who are cultivating cannabis legally under state law – three of whom are medical cannabis patients. Patrick McClellan, a registered medical cannabis patient in the state, contends in the lawsuit that the cost of growing his own cannabis for his medical needs is “significant” and that he should be allowed to sell his excess.

“Plaintiff McClellan cannot reasonably consume all cannabis that he has cultivated in his home for his medicinal purposes. As a patient who has endured the struggle of gaining access to affordable and safe medical marijuana, Plaintiff McClellan would like to offset the costs of growing cannabis by selling the excess crop to other similarly situated individuals.” — the lawsuit via MinnPost 

Minneapolis attorney Jeffrey O’Brien, who brought the lawsuit, told MinnPost that his clients are “trying to be reasonable.”

“We’re not saying you can grow an entire field and sell it without a license,” he said. “We’re saying to the extent you can legally grow on your own without a license, you are entitled to sell that product.”

The constitutional provision has been used as a defense in previous cannabis cultivation criminal cases, but judges have previously ruled that the amendment does not cover illegal activity. Minnesota lawmakers legalized cannabis last year, renewing the debate over the language of the amendment.

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Connecticut Senate Passes Intoxicating Hemp Product Regulation Bill; Moves to Gov.

The Connecticut Senate last week passed a bill to increase regulations on the state hemp industry, including stricter limits on hemp-derived THC and CBD products, WTNH reports. The legislation reduces the allowable amounts in products from 1 milligram per serving to .5 milligrams per serving and from 5 milligrams per container to 3 milligrams per container, respectively.

Mike Goodenough, a hemp farmer and member of the Cannabis Small Business Alliance, told WTNH the bill, if signed into law, will “absolutely kill” his business.

“Our farmers are stuck with having to remediate the THC out of it which costs more money. It’s also done non-organically, which removes our ability to call it a non-organic product.” — Goodenough to WTNH

State Rep. David Rutigliano (R), a co-sponsor of the bill, said the regulatory update was necessary because it protects underage consumers and that, in the wake of broad cannabis legalization in the state, only licensed dispensaries should be allowed to sell THC products.

“There is no regulation that you can’t sell this to anyone under 21. You can sell this to anyone,” he said in the report. “If you walk into a store or a gas station and there is a THC seltzer in it which contains an intoxicating substance, a 12-year-old could buy it currently.”

Last week, the Connecticut Consumer Protection issued a notice which said “All Connecticut businesses currently selling THC-infused beverages must take inventory of all products in their possession on May 14, 2024. A report of that inventory and a $1 per container fee are due to the Department of Consumer Protection by June 14, 2024,” seemingly preparing for the law’s passage, despite that it has yet to be signed into law by the governor.

The House passed the bill in April.

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Top New York Cannabis Regulator to Step Down

Under upcoming regulatory overhauls to New York’s adult-use cannabis program, the head of the Office of Cannabis Management (OCM) will step down at the end of his three-year term in September. The departure of OCM’s executive director Chris Alexander was announced on Friday by Gov. Kathy Hochul (D) during a news conference that Alexander did not attend, according to the New York Times.

The governor has previously criticized the New York cannabis industry roll-out, calling the lawsuit-ridden and long-delayed process a “disaster” that benefited — and likely expanded — the state’s illicit cannabis market.

The announcement coincided with the release of a comprehensive review of the industry that the governor requested in March, the Associated Press reports. That report links the OCM’s struggles to its attempt to balance the legalization law’s social equity provisions with the agency’s more general licensing and administrative duties.

“Since its inception, OCM has operated as a mission-driven policy start-up, but has struggled with the transition to a mature regulatory entity.” — Report excerpt, via the AP

The report noted other issues with the agency including little experience among senior leadership and multiple changes to the licensing process that led to about 90% of applications needing to be corrected, which caused more delays.

Some of the report’s recommendations include hiring more staff to speed up license processing, streamlining the application process, and hosting “listening sessions” for the public to air their grievances about the licensing process, the report said.

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Alaska House Passes Cannabis Industry Tax Reforms

The Alaska House of Representatives on Friday passed significant tax reforms for the state’s adult-use cannabis industry in what would be the first major legislative change to the state’s cannabis program since it was adopted 10 years ago, the Alaska Beacon reports. The House voted 36-3 in favor of the proposal, which moves next to the state Senate for consideration.

Under the original 2014 cannabis legalization law, Alaska’s cannabis industry currently pays a $50-per-ounce wholesale tax. The House-approved proposal would remove the wholesale tax and replace it with a 7% sales tax.

The tax changes are based on a 2022 task force analysis requested by Gov. Mike Dunleavy (R), which found the industry would benefit from a new tax system. The proposal originally called for just a 3% sales tax but the number was raised over concerns that the low tax rate would not be viewed favorably in the Senate, the report said. Lawmakers first adjusted the tax rate to 10% — then dropped it to 6% — before ultimately landing on a 7% sales tax on adult-use cannabis transactions in the state.

Alaska was the fourth state to legalize adult-use cannabis in 2014, following closely in the footsteps of Colorado, Washington, and Oregon.

A 2021 report found that Alaska cannabis operators owed nearly $1.8 million in back taxes under the flat-tax structure paid by growers instead of retailers.

 

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Cannabis Company Wins Therapeutic Psilocybin License In Oregon

Kaya Holdings Inc. (KAYS), a publicly traded and self-described “mind care company” that holds cannabis licenses in Oregon and Greece, announced this week that it has received a license to administer psilocybin products in Oregon.

Oregon is currently the only state with a program covering the therapeutic use of psilocybin, the naturally occurring psychedelic found in hallucinogenic mushrooms. The FDA has previously given certain formulations of psilocybin the “breakthrough therapy” designation as its studied for safety and efficacy as a depression treatment.

KAYS said in a press release that it’s planning to open its psychedelic treatment center, The Sacred Mushroom, within 30 days of receiving the license.

“The introduction of legal psilocybin treatments in Oregon marks the beginning of perhaps the most disruptive force in the mental health sector, transforming treatment protocol and redirecting resources,” KAYS CEO Craig Frank said in the press release.

“Our distinctive guest experience model, the environment offered by the size and design of the facility and the dedication of our staff are designed to make The Sacred Mushroom the premier choice for anyone turning to psychedelics for relief or transformation. For these reasons, I believe KAYS is well positioned to become a leader in the ‘delivery of care’ of psychedelics.” — Frank, in a statement

Guests at The Sacred Mushroom — located on the top floor of the historic Falcon Building in downtown Portland — will have multiple options for their supervised psychedelic experience, including comfortable furniture and spaces, optional private rooms, an indoor garden, activities including yoga, journaling, and listening stations, all driven by the company’s “room to roam” philosophy.

Oregon voters approved the therapeutic use of psilocybin in 2020 and the state issued the program’s first license last May.

A recent study by UK researchers found that psilocybin shows promise as an effective treatment for depression.

 

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Thailand’s Prime Minister Calls for Recriminalizing Cannabis

Thailand’s Prime Minister Srettha Thavisin said this week that he wants to make cannabis illegal again except for medicinal purposes, aligning with the re-criminalization plan proposed earlier this year by the country’s health minister, the Associated Press reports.

Srettha wrote on X, formerly Twitter, that he asked the Health Ministry to add cannabis to its narcotics list once again and establish new rules governing medical cannabis access, the report said. In the announcement, the prime minister specifically highlighted concerns about youth access and increased crime rates.

Thailand became the first country in Asia to pass significant cannabis reforms when it decriminalized the plant in 2022 — that policy removed cannabis from the country’s narcotics list and legalized cannabis cultivation and trade to support medical access. But Thailand’s largely unchecked cannabis industry has burgeoned among locals and tourists alike, drawing public backlash and negative political attention.

The re-criminalization proposal seeks to reestablish criminal penalties for cannabis products with a THC level above 0.2%.

The country’s health minister predicted in March that Thailand’s cannabis decriminalization policy could be reversed by the end of the year.

Cannabis industry insiders in Thailand, meanwhile, have argued that the industry is too large to shut down outright, with some entrepreneurs already speaking with lawyers and preparing lawsuits for if the legislation gets passed.

 

 

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New York City Officials Announce Crackdown on Illegal Cannabis Dispensaries

New York City Mayor Eric Adams on Tuesday announced that city officials would begin enforcement actions in the five boroughs to shut down illegally operating cannabis shops. “Operation Padlock to Protect” comes after state officials last month gave municipalities the regulatory authority to shutter unlicensed cannabis dispensaries and other businesses, such as smoke shops, which are selling cannabis without state approval.

The operation includes cooperation between the New York City Police Department (NYPD) and New York City Department of Consumer and Worker Protection (DCWP).

“Today, our administration is delivering on a promise to shut down unlicensed smoke and cannabis shops, protect our young people, and ensure that the future of legal cannabis burns bright in New York City. Thanks to Governor Kathy Hochul and our partners in the state Legislature, New York City is now using the full force of the law across every borough to padlock and protect our streets. Legal cannabis remains the right choice for our city, but to those who choose to break the law – we will shut you down.” — Adams in a press release  

In a statement, DCWP Commissioner Vilda Vera Mayuga noted that through the agency’s “own routine enforcement of the state and city’s tobacco and e-cigarette laws” it has issued more than 20,000 summonses and closed 128 illegal retailers since the start of the Adams Administration.  

The administration, coordinating with local and state authorities to form the New York City Sheriff’s Office Joint Compliance Task Force to Address Illegal Smoke Shops, has imposed $108 million in penalties – including an estimated $33 million in illegal products seized and over $75 million in civil penalties issued – and conducted more than 2,100 compliance and intelligence inspections. The task force also sent letters to 603 landlords and building owners warning that they could be legally liable for unlicensed cannabis sales by their tenants.

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Kansas Advocates Launch Cannabis Justice Coalition

Advocates in Kansas have formed the Cannabis Justice Coalition, which aims to support candidates for state office that would support cannabis legalization and expunging cannabis criminal records in the state, the Kansas Reflector reports. The organization was founded by Prairie Village City Council member Inga Selders, who said it was frustrating that state lawmakers fail to deliver “fair and equitable” cannabis laws.    

“Despite a majority of Kansans wanting recreational cannabis fully legalized in Kansas, most of our state legislators aren’t listening to the constituents and have turned cannabis reform into a partisan issue, when in fact it isn’t.” — Selders to the Reflector 

The coalition’s board includes Barry Grissom, the U.S. attorney for Kansas from 2010 to 2016 under President Barack Obama; Ian Graves, a Prairie Village City Council member and advocate for cannabis decriminalization; and Leslie Byram, an estate planning and probate attorney who regularly works with clients with special medical needs.

Grissom, a former prosecutor, noted that cannabis prohibition is “a waste of taxpayer money.” 

“I know that spending money on investigation, interdiction, arrest, prosecution, incarceration of individuals involved in some level of use of cannabis is bad public policy,” he said in the report. “…It is a waste of precious resources our law enforcement needs to keep us all safe in our homes, our communities, our houses of worship and our schools.” 

Graves echoed Grissom’s assertion, calling the enforcement of cannabis laws a waste of time.  

“I tell you cannabis is being consumed in Johnson County frequently. It’s already here,” Graves said. “Folks in law enforcement know that this just isn’t something we should be wasting our time on.” 

In the October 2023 “Kansas Speaks” survey by Fort Hays State University, 67.2% of respondents supported adult-use cannabis sales. 

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Vermont Recalls Holland Cannabis Co. Products Due to Fungicide Exposure

Vermont regulators last week issued a recall for all Holland Cannabis Co. products due to potential exposure to the fungicide myclobutanil. While the Cannabis Control Board (CCB) is so far unaware of any adverse health effects related to the products, it is calling on retailers to quarantine the products and for customers to return them.

Holland has already had its license suspended and was currently operating under a “corrective action plan” after someone was made ill last year after smoking cannabis tainted with the fungicide, according to a Seven Days report. Holland now faces a $20,000 fine and could have its cultivation license revoked for its second offense.

CCB Chair James Pepper told Seven Days that the case is still being investigated.

“Some pesticides are OK for human consumption. This one is a very known toxic one. So there’s no excuse here. And the fact that they’ve been through this once before leaves very little room for any sort of leniency.” — Pepper to Seven Days

The CCB is aware of at least six dispensaries carrying Holland flower and prerolls but warned that some retailers may have older Holland products that could also be contaminated. The agency notes that while the recall affects all strains, it does not mean that all strains are contaminated.

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Florida GOP Announces Opposition to Cannabis Legalization Amendment

The Republican Party of Florida’s Executive Board last weekend unanimously passed a resolution opposing the state’s cannabis legalization amendment that voters will consider in November.

The cannabis ballot question, Amendment 3, seeks to legalize the possession and use of cannabis by adults aged 21+ and would allow medical dispensaries to begin serving adult-use customers. Republicans also formally stated their opposition to Amendment 4, which seeks to enshrine the right to abortion access in the state’s constitution.

Both ballot proposals are constitutional amendments, which will require at least 60% voter support to pass.

“Floridians are confident that their legislature has been passing laws that reflect the priorities of our state. Amendments 3 and 4 are unnecessary attempts by an increasingly shrinking minority who know the only way to win support for their radical agenda is to confuse and mislead the electorate.” — Florida GOP Chairman Evan Power, in a press release

Polling data from last September put public support for cannabis legalization at 60% — the exact threshold for victory at the ballot box — but another survey in April regarding November’s legalization vote found just 49% of respondents saying they would vote “yes” on the issue.

In the press release, Power suggested the ballot measures were funded by “outside dark money groups … looking to promote their far-left ideology by attempting to confuse Florida voters.” The legalization campaign, however, has been primarily funded by Florida‘s own Trulieve, a multistate cannabis operator the state’s largest medical cannabis operator.

In addition to contesting Amendments 3 and 4, the GOP chairman also affirmed party support for making Florida school board races “partisan,” installing constitutional protections for hunting and fishing in the state, and reforming the state’s public campaign financing rules.

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New Jersey Sets New Cannabis Sales Record But Growth Is Slowing

New Jersey adult-use cannabis sales continue to set new records but sales growth has started to show signs of slowing, the New Jersey Monitor reports.

Licensed cannabis dispensaries sold $201 million worth of adult-use cannabis during the first three months of 2024, a new quarterly sales record and a 38% year-over-year growth.

However, the quarterly sales record also marked only a 4.4% increase from the previous quarter, which is the lowest growth for the industry on record — and, previously, the lowest quarterly cannabis sales growth on record was the final quarter of 2023, the report said. The slowing rate suggests that the industry’s growth could be starting to plateau after two years of explosive growth.

However, it can be normal for cannabis retailers’s first-quarter sales to slump after the holidays, New Jersey CannaBusiness Association President Scott Rudder said in the report. Sales tend to pick up again around 4/20 and with the return of spring and summer, “so your second, third, and fourth quarters are usually your best quarters,” he said.

“The significant growth in sales year over year is an indication of the strong potential of New Jersey’s cannabis market. We anticipate that as even more dispensaries open across the state, new brands are introduced to the market, and cannabis becomes less stigmatized, sales numbers will continue to go up.” — Jeff Brown, executive director of the Cannabis Regulatory Commission (CRC), in a statement

New Jersey launched its adult-use cannabis market in 2022 and the industry has so far struggled with high prices, making it difficult to compete with illicit sources and hemp cannabinoid products. But CRC Chair Dianna Houenou said the continued market growth was a sign that legal cannabis retail was chipping away at the unregulated market.

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USDA: Value of U.S.-Grown Hemp Up 18% in 2023

The value of hemp produced in the U.S. totaled $291 million in 2023, up 18% from 2022 totals, according to an April report from the U.S. Department of Agriculture (USDA) National Agriculture Statistics Service (NASS).  

In 2023, there were 27,680 acres of industrial hemp planted outdoors — or “in the open” — for all utilizations, down 2% from 2022, according to NASS statistics. The value of hemp production in the open totaled $258 million, up 22% from last year, while the area harvested for all purposes in the open totaled 21,079 acres in 2023, up 15% from the year prior. 

Floral hemp production grown in the open in the U.S. last year was estimated by the agency at 8.03 million pounds, up 18% from 2022. In the open area harvested for floral hemp was estimated at 7,383 acres, up 4% from last season, the report says. The average yield for 2023 floral hemp in the open was estimated at 1,088 pounds per acre, up 134 pounds from 2022. The value of floral hemp grown in the open totaled $241 million in 2023, up 35% from the year prior. 

National production of hemp grown outdoors for grain in the U.S. last year totaled 3.11 million pounds, up 28% from 2022, according to the NASS. The area harvested for hemp grown in the open for grain was estimated at 3,986 acres, representing a 26% decline from last season. The average yield for hemp grown in the open for grain last year was estimated at 779 pounds per acre, up 327 pounds from 2022. The value of hemp grown in the open for grain totaled $2.31 million, down 36% from the year prior.

In 2023, production of hemp grown in the open for fiber was estimated at 49.1 million pounds, up a striking 133% from 2022, while the area harvested for outdoor-grown hemp for fiber in the U.S. was estimated at 12,106 acres, up 77% from last season, according to the report. The average yield last year for hemp grown in the open for fiber was estimated at 4,053 pounds per acre, up 983 pounds from last year. The total value of hemp grown in the open for fiber in 2023 topped $11.6 million, down 59% from 2022.  

Production of hemp grown outdoors for seed last year was estimated at 751,000 pounds, up 414% from 2022. Area harvested in the U.S. for hemp grown in the open for seed was estimated by NASS at 1,344 acres – a 66% increase from last season – with an average yield estimated at 559 pounds per acre, up 379 pounds from last year. The value of outdoor hemp grown for seed in the U.S. totaled $2.91 million, up 96% from last year, the report says. 

In 2023, hemp cultivators in the U.S. used 3.24 million square feet “under protection” – or indoor cultivation – for production, down 33% from 2022, with a value totaling $32.9 million, representing a 3% decrease from last year.  

Hemp clones and transplants grown indoors in the U.S. last year totaled 934,000 plants, down 26% from 2022. The value of hemp clones and transplants grown under protection totaled $870,000, up 18% from last year, according to the NASS.

Floral hemp grown indoors in the U.S. last year was estimated by the NASS at 75,866 pounds, down 28% from 2022, with a value of $25.8 million, which marks a 4% increase from last year. Hemp grown under protection in the U.S. for seed totaled 1,236 pounds, down 45% from 2022. According to the NASS, the value of hemp grown under protection for seed totaled $6.25 million, down 26% from last year.

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