Missouri Democrats Allege Foul Play In Medical Cannabis Licensing

House Democrats in Missouri are claiming that the Department of Health and Senior Services – the agency responsible for regulating the state’s medical cannabis program – obstructed an oversight committee’s investigation of the program, according to a memo by House Democrats’ council outlined by the Kansas City Star.

The memo, written by Casey Millburg, counsel for the Missouri House Democratic Caucus, also contends that Republican Gov. Mike Parson’s office was able to influence how industry applications were scored and a report that was used to limit the number of licenses awarded, the report says. Moreover, Millburg said one of the consultants hired to score the applications had a conflict of interest.

“The allegations of executive branch interference in the committee’s work and the potential implications that raises are disturbing. Unfortunately, a careful and thorough review of the records provided to the committee raises other serious concerns.” – Millburg in the memo via the Star

The memo was filed shortly after more than 800 cannabis companies who had their applications denied filed appeals against the decision. A February review by the St. Louis Post-Dispatch found that about two dozen groups that each won five or more licenses had ties to out-of-state cannabusinesses or the Missouri Medical Cannabis Trade Association (MoCannTrade). The approvals for companies linked to MoCannTrade are part of a broader investigation by the House because of the organization’s ties to Steve Tilley, an advisor to the governor who also serves as a lobbyist for the cannabis trade group.

Parson decried Millburg’s memo as political – a product of the Democrats with an election looming.

“There’s absolutely no interference. I don’t even know why some aide would be able to write a letter and all of a sudden that even becomes newsworthy,” Parson said to reporters on Tuesday. “If we do that, we’ll be chasing stories from here ‘til Election Day on both sides of it. It’s ridiculous even to be repeated.”

The memo contends that the husband and wife co-founders of cannabis company KindBio had direct communication with Chad Westom, the founder of cannabis consultancy firm Veracious Compliance Solutions. The memo alleges that Veracious joined with Oaksterdam University to form Wise Health Solutions (WHS) – the company that scored the applications.

The memo further claims that the wife had spoken to Westom about her industry application.

“At the point Mr. Westom’s conversation with KindBio occurred, all involved in WHS would have been well aware of their obligation to avoid conflicts of interest, such as by simultaneously consulting for a vertically integrated marijuana client in Missouri while scoring marijuana licensure applications,” the memo alleges.

The husband and wife firm were ultimately awarded a license and Westom subsequently offered his company’s consulting services.

Westom has previously denied any potential conflict of interest, telling the Star that the firm was “extremely diligent to prevent even the appearance of a conflict, and all personnel provided the State of Missouri with a signed attestation regarding confidentiality and conflict of interest.”

The House investigation is ongoing.

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Canadian Ads Use Jokes (Not Fear) to Discourage Driving on Edibles

The Canadian Automobile Association (CAA) has launched a public education campaign warning young people about the dangers of consuming cannabis edibles and driving. The Do Anything but Drive campaign’s message is, “if you’re going to do edibles, do anything but drive,” the group said.

The ads, which stop short of preaching full abstinence from cannabis, rely on the tired “stoner” stereotype as a gimmick to persuade teens and young adults against driving after eating edibles.

Jeff Walker, president and CEO of CAA North & East Ontario, said that when it comes to edibles and driving, “there is no gray area or room for debate.”

“Cannabis edibles stay in your system longer and can produce some really varied reactions that can be skewed by a multitude of factors, including how much food is in your stomach. Cannabis consumption delays your reaction time, putting yourself and others on the road at greater risk for collisions, which can be deadly, while cannabis edibles can produce stronger, different and longer reactions. It’s simply not safe to drive after consuming them.” – Walker in a press release

CAA research suggests that 20 percent of Canadian 18-24-year-olds have driven a vehicle while under the influence of cannabis or been in a vehicle with someone intoxicated by cannabis. A poll from the organization earlier this year found 50 percent of young Canadians believe it is safe to drive less than five hours after consuming cannabis, with 12 percent saying that their driving is better or at least the same after consumption.

Notably, while the CAA campaign hinges on the “stoner” stereotype, the vast majority of Canadian cannabis consumers do not relate to that identity, according to a recent survey.

Cannabis edibles were legalized throughout Canada last fall – about a year after cannabis was broadly legalized in the nation and taxed and regulated sales commenced.

CAA was one of the organizations consulted by the government during the legalization debate.

The organization’s U.S. arm, AAA, last month donated more than $100,000 in grants to public safety, health, and law enforcement agencies and organizations in Illinois to stem cannabis-impaired driving.

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Vermont Lawmakers Finalize Bill for Cannabis Marketplace

Lawmakers in the Vermont House and Senate came to an agreement last night over legislation to legalize and regulate adult-use cannabis sales. The bill S.54 previously passed both legislative bodies but in different forms. Now, those differences have been reconciled and the bill needs final approval from the House and Senate it heads to the governor’s desk.

The bill includes priority licensing for small cultivators, women-owned businesses, and for businesses owned by people of color and other over-policed communities. The bill would also create a new cannabis commission that will regulate the medical and adult-use markets, and would require independent lab testing of all cannabis products sold in the new marketplace.

The bill will also require law enforcement to acquire a search warrant before conducting any saliva-based sobriety tests, and such tests would not be allowed during traffic stops.

Gov. Phil Scott (R) has not yet indicated whether he intends to sign the legislation.

“This final agreement has been a long time coming. Legislators should be applauded for their patience and their persistence. Vermont urgently needs the jobs, business opportunities, and tax revenue that S. 54 will provide. We hope Gov. Scott will see the wisdom in signing this bill into law.” — Matt Simon, Political Director for Marijuana Policy Project New England, via Heady Vermont

The regulations bill is not the only cannabis proposal making its way through Vermont’s legislative process: lawmakers there recently approved cannabis expungement legislation, as well.

In 2018, Vermont lawmakers made history as the first U.S. state legislature to approve cannabis legalization. That bill, however, stopped short of establishing a regulated marketplace.

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Potential Supreme Court Cannabis Case Gets Help from Advocacy Organizations

A cadre of cannabis advocacy and industry organizations have filed an amicus brief in the case challenging the constitutionality of cannabis prohibition, arguing that the federal government has allowed the nullification of cannabis laws by allowing medical and recreational use programs to exist.

The case was first filed in 2017 but was dismissed by a U.S. Southern District of New York judge in 2018. Attorneys Michael Hiller and Joseph Bondy – who brought the case on behalf of medical cannabis patients – have asked the Supreme Court to hear the case.

The amicus – or friend-of-the-court – brief was filed on behalf of The National Organization for the Reform of Marijuana Laws (NORML), Empire State NORML, the New York City Cannabis Industry Association (NYCCIA), the Hudson Valley Cannabis Industry Association (HVCIA), and the New York City Cannabis Bar by NORML Legal Committee member David Holland, Esq.

In a statement, Holland contends the brief “exposes a fundamental paradox – if cannabis is federally illegal for all purposes, and the three coordinate branches of federal government have acted to allow for cannabis businesses, then the federal government is nullifying its own law.”

“Simply put, under the Constitution, something cannot be illegal and legal at the same time especially when it comes to state laws that conflict with federal laws. The only resolution to this constitutional conflict is for the Supreme Court to invoke the doctrine of estoppel to prevent the federal government from reversing course and retroactively penalizing that which it has protected in fostering state cannabis programs and effectively legalizing it.” – Holland in a statement

The lawsuit – Washington v. Barr – contends that the federal government “does not believe, and upon information and belief never has believed” that cannabis meets Schedule I requirements under the Controlled Substances Act.

In the dismissal, the court had ruled that the plaintiffs had not exhausted administrative options for rescheduling cannabis – namely petitioning the Drug Enforcement Administration. The plaintiffs argue that those current administrative mechanisms are “illusory.”

A decision by the Supreme Court on whether they will hear the case is not expected until next year.

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Incubator for Cannabis Edibles Businesses Launched in Oakland

A social equity kitchen aimed to support people of color interested in the cannabis infusion industry has opened in Oakland, according to the Bay Area Reporter. The project was launched this week by Breeze Distro CEO Amber E. Senter and her business partner Cesar Angobaldo, who secured a $250,000 grant from the city through their Equity Works Incubator program.

According to the report, the city funds will be used to train five equity fellows in a one-year program focused on cannabis-infused edibles. Senter said the goal of the Equity Works Incubator is “to train, empower, and build capacity for full engagement in the cannabis market, especially for communities who have been historically targeted by the war on drugs to break into the legal cannabis industry.”

“People of color have been engaging in recipe development, extraction, and consumption of infused cannabis products for decades. Black- and Brown-owned cannabis brands reportedly… represent 3 percent of the cannabis companies in California. The edibles category are California’s fastest and largest growing cannabis segment with 20 percent year over year growth.” – Senter, in a statement via the Reporter

Each approved applicant will be provided a 1,200-square-foot commercial kitchen space and mentorship by a cannabis industry executive along with a “guaranteed distribution channel” to retailers, Senter said.

Senter said the project is the first state-funded cannabis edibles manufacturing incubator for social equity business owners in the nation.

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Wisconsin University Offering State’s First Cannabis Certificate Program

The University of Wisconsin-Platteville Continuing Education Institute is offering the state’s first cannabis industry certificate programs, including Business of Cannabis, Cannabis Law and Policy, and Cannabis Healthcare and Medicine.

The program – a partnership with cannabis education company Green Flower – is set to launch next month.

Kerie Wedige, executive director of the Continuing Education Institute of UW-Platteville, told the Shepard Express that she expects the cannabis industry to “grow very quickly” over the next decade.

“One of the nice parts about the cannabis industry, there’s so many different areas that somebody can be involved with. There is the agricultural aspect from seed to sale, the medical and health care, the business, law and policy… There are so many different places where you can insert yourself into the industry, and these programs give a broad instruction that helps you build your knowledge and see how you’d be a good fit in the industry.” – Wedige to the Express

Max Simon, CEO and founder of Green Flower, said the demand for cannabis education programming “is off the charts.”

“As the industry continues to grow, we are extremely confident that this partnership will be beneficial to the university and to those seeking a way to enter a new career or enhance what they currently do,” he said in a statement.

Each certificate program is non-credit – which means enrollees don’t have to be UW-Platteville students – and contain three eight-week courses. Tuition for each program is $2,500.

According to a Leafly report, the legal cannabis industry supports 243,700 jobs nationwide, which represents a 15 percent growth rate.

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Wildfires Have Devastated the West Coast Cannabis Industry

It’s wildfire season in the U.S. and cannabis companies up and down the West Coast are feeling the impact. From burned farms and property to potentially contaminated crops from prolonged exposure to smoke, heat, and fire retardant, cannabis businesses in California and Oregon are bracing for yet another difficult fall.

The wildfires, which have reportedly claimed at least 35 lives and burned millions of acres so far, have also sparked camaraderie among cannabis businesses who might otherwise be considered competitors.

Oregon

In Oregon, about 20 percent of the state’s licensed cannabis businesses received evacuation orders as the fires were fueled by an unlikely and dramatic wind storm last week. The fires darkened the sky with smoke, which bathed everything in a persistent, orange-red glow.

Candice Paschal, owner/operator of Paschal Farms in Molalla, Oregon, said their farm was placed under a mandatory evacuation order last Tuesday as three surrounding wildfires — the Riverside fire, the Santiam fire, and the Wilhoit fire — closed in on the region. As firefighters became spread too thin, however, Paschal said that a group of about 40 Molalla locals stayed through the evacuation order to fight the approaching Wilhoit fire. The town, including neighboring cannabis farms, “poured equipment, food, and supplies” into the firefighting camp, she said.

“Young men operating private dozers and tanker trucks stopped the Wilhoit fire in its tracks,” Paschal said. “These people are heroes and the town has been calling them The Molalla 40. They saved us and many others from complete catastrophe. It’s an absolute miracle this happened and shows you the power of community and love.”

Volunteers stayed behind to fight the Wilhoit fire outside of Molalla, Oregon. Photo provided by Candice Paschal.

“We have been truly blown away by the Oregon cannabis industry family reaching out to help one another. I don’t think there’s any other community like it in the world.” — Candice Paschal, in an emailed statement

Not all businesses were so lucky, however, and reports indicate that multiple cannabis farms in southern Oregon were lost to the blaze. Dispensary locations also suffered enormous losses, including the Talent Health Club in Talent, Oregon.

Paschal, whose farm and crops were luckily spared, said that some cannabis businesses have been offering storage, supplies, and other assistance to those who were not so lucky.

The industry has also come forward to organize relief for families who lost their homes, including the Benson Arbor Southern Relief Fund, a GoFundMe campaign organized by Benson Arbor owner Noah Levine.

California

In California, evacuation orders were issued last week for parts of The Emerald Triangle — a cannabis-fertile area in northern California comprised of Mendocino, Humboldt, and Trinity counties — as the state’s largest-ever wildfire bore down on the region.

Some local officials expressed concerns about cannabis industry workers there, thousands of whom flock to the region during this time of year as harvest season approaches. The worker migrants are “not familiar with the territory let alone a massive wildland fire knocking at their door,” said state Sen. Mike McGuire.

Farmers had to weigh the risks of an early harvest, which can heighten the risk of microbial contamination due to rush-jobs on storage, Marijuana Business Daily reports, versus waiting it out, which can lead to other complications including other potential contaminants and a distinct, smokey flavor that gets entwined with the buds.

California’s ongoing fire woes, however, are only the latest in what has already been a painful fire season — multiple cannabis farms were lost last month during wildfires around the San Francisco Bay Area.

Last month, Leafly recounted one cannabis grower’s hellish experience as he tried futilely to save his farm in Alameda County from a rampant wildfire.

Looking forward

It’s impossible to know the full extent of damage done to the cannabis industry by the 2020 wildfires — after all, many of the fires are still burning — but it’s expected that total losses will be in the tens of millions of dollars. There are also likely to be ripple effects felt in the supply chain in the coming months to lost and/or contaminated harvests.

David Najera, a cannabis consultant and farmer in Mendocino County, told Marijuana Business Daily that cannabis farmers need to start treating annual wildfires as a “new normal” on the West Coast.

“You’ve got to do a lot of fire prevention,” Najera said. “We’re looking at bringing in livestock to keep all our weeds down and all the brush. You should have weekly fire safety meetings. A lot of people just aren’t prepared. You should have a 5-10-minute drill where you can evacuate at a moment’s notice.”

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Study: States With Legal Cannabis Had Fewer Cases of Vaping Illness

According to a Yale School of Public Health study, states with legal cannabis had fewer cases of e-cigarette or vaping use-associated lung injury (EVALI) than states with prohibition, according to a Westword report.

Illinois, Indiana, Iowa, Minnesota, North Dakota, South Dakota and Wisconsin accounted for a “high-prevalence cluster” of EVALI cases –  25 to 114 cases per 100,000 residents – while Alaska, California, Colorado, Oregon and Washington, the first five states to legalize cannabis, each had under one recorded case per 100,000 residents, the study found.

Study author and Yale School of Public Health Assistant Professor Abigail Friedman said that if e-cigarette or cannabis use drove the outbreak of the disease, “areas with more engagement in those behaviors should show a higher EVALI prevalence.”

“This study finds the opposite result. Alongside geographic clusters of high EVALI prevalence states, these findings are more consistent with locally available e-liquids or additives driving the EVALI outbreak than a widely used, nationally-available product.” – Friedman in a statement via Westword

A study conducted by the California Department of Public Health and Centers for Disease Control and Prevention found that nearly all EVALI patients in the state had purchased unregulated products.

In the CDC’s final update on nationwide case totals in February, the agency counted 2,807 EVALI hospitalizations nationwide and 68 confirmed deaths in 29 states and Washington, D.C. The CDC identified vaping additive vitamin E acetate as the culprit for the illness, which led to bans on the substance in Washington state, Ohio, and Michigan.

The Yale study suggests that markets with established cannabis markets “may have crowded out use of riskier, informally sourced e-liquids” but the use of risky vape products will remain prevalent in states without legal cannabis access.

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72% of Canadian Cannabis Users Say They Don’t Fit ‘Stoner’ Stereotype

A recent survey of Canadian cannabis users found 72 percent don’t believe they fit the ‘stoner’ stereotype, according to the poll conducted by cannabis brand Figr and market researcher Maru/Blue outlined by the Peace River Record Gazette.

The vast majority of consumers from Ontario and British Columbia – 90 percent and 87 percent respectively – said the stoner stereotype was outdated, along with 66 percent of those from Alberta.

The survey found that 43 percent of respondents prefer to purchase cannabis online via company websites and those run by provincial corporations.

About seven out of 10 Canadians (71 percent) said that outdoor activities would be enhanced while using cannabis, including walks (44 percent), camping (43 percent), and hiking (33 percent). Another 78 percent polled said cannabis made them feel relaxed, while 69 percent described being under the influence of cannabis as calm, 55 percent described it as happy, 35 percent said they felt productive, and 25 percent said consuming cannabis made them energized. 35 percent of respondents said cannabis helps them do household chores, including 51 percent of females surveyed.

The poll found 61 percent of those surveyed indicated they were confident that they know and understand the rules of public consumption in their province. Public use is allowed in Alberta, British Columbia, the Northwest Territories, Nova Scotia, Nunavut, and Ontario. Each province has different restrictions on public cannabis consumption, including only allowing cannabis smoking where tobacco use is already allowed, prohibiting use near schools and churches, and only in low-traffic areas such as trails and parks when they are not used for public events.

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Lawsuit Dropped Against Utah Reps Who Replaced Voter-Backed Cannabis Program

The lawsuit challenging Utah’s legislative replacement of the medical cannabis initiative approved by voters is being dropped, Fox13 reports. The plaintiffs, Together for Responsible Use and Cannabis Education (TRUCE) and the Epilepsy Association of Utah (EAU), said that while the case may not make it to trial, they consider the case a victory as it forced lawmakers to backtrack on using state employees to dispense to patients.

TRUCE founder Christine Stenquist said that the advocates still hope that other organizations will join a broader legal fight against the state over whether lawmakers have the ability to override citizen-approved ballot initiatives.

“While this lawsuit is coming to an end, the fight for a real medical cannabis system for the state of Utah, which will meet all patient needs, continues. And in that effort TRUCE remains ‘the mouse that roared,’ bringing attention to a much-needed cause, which, while unnecessarily stymied, has made real progress towards reforming Utah’s cannabis laws.” — Stenquist to Fox13

TRUCE and EAU did get attorneys fees as part of the settlement.

Earlier this year, Gov. Gary Herbert (R) signed legislation allowing patients to use letters from physicians to purchase medical cannabis in the state – but only until the end of the year when officials anticipate the Department of Health will begin issuing identification cards.

Stenquest said advocates are still pushing for caps of patient recommendations by physicians be removed as few physicians are willing to write patient letters, according to a Fox13 investigation.

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Martha Stewart Launching CBD Line with Canopy Growth

Martha Stewart has partnered with Canopy Growth on a CBD product line set for a release this week after more than a year in development, CNN reports. The products will be sold online via the Canopy website and will range from $34.99 to $44.99 with a line of pet products set for later this year.

“I was surprised to learn that while most people have heard of CBD, less than 20 percent of us have actually tried it. For me, that signals a lot of opportunity to create beautiful, elevated products that help people live well.” – Stewart via CNN

David Klein, Canopy’s CEO, told CNN Stewart “brings that trusted voice” to the market.

Stewart was closely involved with the development of the products, which include gummies that resemble pâte de fruits, and flavors such as Meyer lemon, kumquat, blood orange, and huckleberry. Stewart said that she is working on a separate CBD skincare project – called 86 Elm – with a dermatologist.

The Martha Stewart brand is owned by Marquee Brands, which acquired it from Sequential Brands Group last year, along with the Emeril Lagasse brand, for $175 million.

Stewart was reportedly introduced to Canopy by Snoop Dogg and his talent agency, Stampede Management. The duo has collaborated on several projects throughout the years. Snoop’s Leafs by Snoop brand is also produced in partnership with Canopy.

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Cannabis Revenue Boosts Canadian Agriculture During Pandemic

Canada’s agricultural sector bucked the general economic decline caused by the coronavirus during the first half of the year due to strong cannabis sales, according to Statistics Canada figures outlined by Moose Jaw Today.

Farm cash receipts totaled $16.7 billion – an increase of 5.2 percent – but were driven by $685 million in cannabis, a 62 percent increase. If not for cannabis sales. Farm cash receipts would have increased just .8 percent, the report says.

In all, crop receipts totaled $1.3 billion but the nation saw a $629 million decline in livestock sales mostly due to lockdown restrictions imposed by the pandemic.

A report by Statistics Canada released last month found that Canada‘s cannabis sector is worth $1.7 billion but 54 percent of product sales still occur in the unregulated market. Cannabis was considered an essential service throughout most of Canada during the national response. Statistics Canada said cannabis sales increased by 19 percent in March as the country shut down non-essential services like bars and restaurants.

Like the agricultural sector, cannabis sales also bucked the 10 percent pandemic-related decline in the retail sector.

In all, since October 2018, legal cannabis sales have contributed $3.96 billion to Canada’s gross domestic product. Statistics Canada also reported that estimated illicit cannabis sales contributed $4.13 billion to the nation’s economy, down about 21 percent since the rollout of the regulated industry.

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Delaware State University Receives Federal Grant for Hemp Research

Delaware State University has received a $591,628 grant from the National Science Foundation for hemp research. The endowment will allow undergraduates to participate in the university’s College of Agriculture, Science and Technology hemp research program.

The project, called the “Course-based Undergraduate Research Experiences (CUREs) Hemp Initiative Project,” will be interdisciplinary, involving university science disciplines.

According to the university, chemistry students participating in the program will investigate extraction techniques for the desired end-use of hemp products and biofuel feedstock. Biological sciences students will be engaged in cancer research, investigating the conditions under which CBD induces cell death versus when cells are protected against cell-damaging stressors.

Food science students will research different methods of extraction of food protein from hemp seed protein powder and hemp seed oil and test the methods’ effectiveness. Animal science students will look at the effects of hemp extract on parasitic larvae in light of the increased drug resistance of parasites.

Dr. Kimberly Milligan, visiting assistant professor of chemistry and principal investigator of the grant, said that students “have a greater connection to their discoveries and learning when they can visualize the link between what they are learning in lab and real-world applications.”

“Research has shown that students who engage in research benefit from a wide range of outcomes, including more confidence in their abilities to do science, a greater connection with the scientific community, and increased persistence in science.” – Milligan, in a statement

DSU was tabbed by the state to be the lead research entity in its Hemp Research Pilot Project, which was included in the state’s hemp legalization bill. DSU has partnered with Kentucky State University on the project.

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Virginia Lawmakers Advance Separate Cannabis Expungement Bills

The Virginia House and Senate each approved a bill to expunge low-level cannabis crimes this week.

Senate Bill 5043 would give cannabis convicts the opportunity to have their police and court records wiped of their charges. According to an official summary, “The bill requires the person to have paid all court costs, fines, and restitution, and for five years to have elapsed since the date of conviction, depending on the nature of the offense.” The proposal would also allow for the expungement of other minor, non-cannabis crimes including the use of a fake ID to purchase alcohol.

House Bill 5146 would create a process for the “automated expungement” of records for criminal offenses that have been since been overruled or otherwise dismissed. Under the state’s recent decriminalization law, that would include simple cannabis possession.

Cannabis advocates hope that lawmakers will either advance both proposals or somehow consolidate the bills into a unified push to put expungement reforms on the governor’s desk.

“Taken together, these bills put forward significant reforms that hold the potential to transform Virginia’s expungement law from one of the worst in the country to one of the most robust and accessible. By passing and fully implementing these bills, policymakers can ensure that a life-changing, second chance is within reach for more Virginians and their families.” — Phil Hernandez, Senior Policy Fellow & Counsel for The Commonwealth Institute, via Blue Virginia

Expungement was just the latest cannabis topic addressed by Virginia lawmakers during the special summer session: the Senate advanced legislation last month that seeks to block police officers from using cannabis odor as grounds to search a vehicle, while a landmark decriminalization bill was signed into law by Gov. Ralph Northam (D) in April.

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Nebraska Supreme Court Blocks November Medical Cannabis Vote

Nebraska’s Supreme Court has ruled that the state’s medical cannabis initiative violated the single-issue rule, preventing it from appearing on ballots in November, the Lincoln Journal-Star reports. The case was brought to the court on behalf of Lancaster County Sheriff Terry Wagner.

The state’s highest court determined that the question and various other provisions included in the proposal lacked natural and necessary connection to each other and that it had a total of eight issues, the report says.

The general purpose of the measure was to create a constitutional right for seriously ill people to use and produce medical cannabis with a recommendation by a licensed physician or nurse practitioner. Subsections of the proposal would have allowed patients the constitutional property right to sell and grow cannabis and give them criminal immunity from current state law. Other parts of the act would have barred smoking cannabis in public or operating a motor vehicle while under the influence – these, the court rules, were not naturally connected to the general subject.

Democratic State Sens. Anna Wishart and Adam Morfeld, who sponsored both the petition initiative and a bill to legalize medical cannabis, said in a statement that they were “deeply disappointed by the ruling and promised to go “back to the ballot and to the Legislature.”

The state Senate last year tabled a medical cannabis proposal even after Wishart agreed to all of the opposition’s amendments to limit products and delivery methods.

Secretary of State Bob Evnen told the Journal-Star that he would comply with the Supreme Court ruling.

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Massachusetts Cannabis Retail Workers Sign Landmark Union Contract

Employees at Massachusetts’ Sira Naturals on Friday ratified their Collective Bargaining Agreement with United Food and Commercial Workers, Local 1445, the first cannabis employees in the state to sign a labor contract. The employees at Sira facilities in Milford, Needham, and Somerville voted to join the union last year.

UFCW 1445 President Fernando Lemus called the three-year agreement “a mutually beneficial agreement for all employees that includes better wages, healthcare options, a retirement plan, and increased workplace safety and accountability.”

In a Facebook post, the union said the contract also includes holiday pay, the creation of a labor management committee, rights to a grievance procedure, seniority protection, and a job bid system.

In a statement, Local 1445 Political and Organizing Director Gabe Camacho applauded Sira for proving “to be a responsible corporate citizen.”

“We hope the controlling bodies over the cannabis industry in Massachusetts will take notice and award licenses to responsible employers, like Sira, that treat their workers fairly – good employee relations can only serve to benefit operators, municipalities, and entire communities of disenfranchised people.” – Camacho in a press release

Sira employees were the first in Massachusetts to vote to unionize. Since then, Local 328 won an election at Curaleaf’s Hanover dispensary, Local 1445 filed petitions with the state to represent workers at Cultivate in Leicester, and employees at New England Treatment Access’s Franklin cultivation facility and Workers at Mayflower Medicinals in Holliston voted to join Local 1445.

None of those employees have yet ratified a contract.

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Australian Therapeutic Goods Administration’s Decision Opens Doors for Creso Pharma

Australia’s cannabis stocks have reacted positively to news of the Therapeutic Goods Administration (TGA) interim decision to pave the way for over the counter cannabidiol (CBD) sales without a prescription at pharmacies.

The decision will go a long way to helping Australia’s cannabis companies bring their products to market.

Creso Pharma Limited (ASX: CPH, FRA: 1X8) is one company to welcome the decision.

The TGA’s decision recommends that CBD products be down-scheduled from schedule 4 and classified as schedule 3 medicines in Australia.

This would allow Australian consumers to purchase CBD products over-the-counter (OTC) through pharmacies without the requirement of a prescription.

The decision follows recommendations from the National Advisory Committee on Medicines Scheduling (ACMS) and Advisory Committee on Chemicals Scheduling (ACCS), with both committees being within Australia’s Therapeutic Goods Administration (TGA).

The interim decision will follow a consultation period with a final decision to be reached by 1 February, 2021.

$200 million market in Australia

This development unlocks a major opportunity for Creso Pharma CBD and hemp products, and management will look to progress a number of opportunities to capitalise on a market which is estimated to be valued at $200 million and set to grow rapidly in the near term.

Creso Pharma’s cannaQIX® 50 is alreadty being sold in Australia as a medicinal cannabis product under the ‘LozaCan’ brand via distribution partner Burleighs Heads Cannabis’ (BHC).

Creso Pharma has developed various cannabidiol (CBD) hemp oil-based products in their cannaQIX® range using the company’s proprietary innovative delivery technology.

The products contain broad spectrum organic hemp oil extracts with CBD and they are pitched at reducing stress and supporting mental and nervous functions.

“The down scheduling of CBD products in Australia is an exciting development and provides Creso Pharma with a number of key near term opportunities,” CPH non-executive chairman Adam Blumenthal said.

“We anticipate that the Australian market will play an important role in the company’s growth trajectory and will grow significantly as CBD becomes more accepted and entrenched with consumers.

“Creso Pharma has a large GMP product range and we are confident that the company’s offering will be well received in Australia.’

“Board and management are currently progressing a number of strategies to grow our market share and we look forward to providing regular updates to shareholders.”

Creso Pharma’s competitive edge

The cannaQIX® range of products has several features that set them aside from other competing products, being sugar-free and containing no tetrahydrocannabinol (THC).

The standardised, user-friendly strength and formulation allows precise dosage control and the lozenges have a more palatable taste compared to oils.

The cannaQIX® range has been developed to Good Manufacturing Practice standards and is produced in Switzerland by Creso Pharma’s partner, Swiss-based food and pharma development company, Domaco, Dr. med Aufdermaur AG.

The presence of a ‘’Swiss Made’’ label emphasises the premium quality control measures that define Creso Pharma’s products.

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Approved Illinois Cannabis Applicant Was Employed by Application-Scoring Firm

A partner at one of the 21 companies that secured a spot for Illinois’ upcoming cannabis license lottery is an employee of the company that received a no-bid contract to grade applications for the licensing round, the Chicago Sun-Times reports.

Hamd Kamal works as a risk management consultant for KPMG and is listed as a manager for EHR Holdings LLC. According to the report, the principal address for EHR is a head shop also run by Kamal.

KPMG was awarded a $4.2 million contract through the Illinois Department of Financial and Professional Regulation. EHR earned perfect scores on its applications – like the other 20 approved companies.

KPMG spokesman James McGann confirmed Kamal’s employment status with the firm to the Sun-Times but said “he was not part of the engagement team that scored the applications.”

“The scoring process was objective, following the state’s criteria, with a blind scoring methodology. The team scoring the applications would have no knowledge of the names or affiliations of applicants. A separate team scored certain aspects of the application, such as social equity.” – McGann to the Sun-Times

EHR spokesman Eric Kowalczyk defended any possible link, saying that the company only learned of any association between it and KPMG “two days ago.” However, Jordan Abudayyeh, a spokeswoman for Gov. J.B. Pritzker (D) said that KPMG “had a plan in place to ensure that any potential conflicts of interest were addressed and did not influence the process.”

“They are a large international firm with experience ensuring there aren’t conflicts of interest,” she said in the report.

KPMG holds another $2.5 million no-bid contract by the state Department of Agriculture to grade applications for cultivation, transport, and cannabis infusion licenses.

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Jon Lowen: How to Reach Cannabis Consumers with Targeted Marketing

Between regulations and the still-dwindling stigma from decades of prohibition, cannabis companies have an inherently tricky job when it comes to advertising and growing their customer base. In a recent interview, Jon Lowen of Surfside joined our podcast host TG Branfalt to discuss the nature of cannabis advertising, what differentiates cannabis marketing from other industries, and how they use primary data sets to identify and target new potential customers. Jon also describes what first drew him to the cannabis space, offers his advice for industry newcomers, and more!

Tune in below or through your favorite podcast media player. You can also scroll down to find a full transcript of this week’s episode of the Ganjapreneur.com Podcast.


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TG Branfalt: Hey there. I’m your host TG Branfalt and thank you for listening to the Ganjapreneur.com Podcast, where we try to bring you actionable information and normalize cannabis through the stories of Ganjapreneurs, activists, and industry stakeholders.

Today I’m joined by Jon Lowen. He’s the co-founder of Surfside, a direct-to-consumer marketing firm, whose mission is to build an ecosystem of products that make consumer acquisition smarter, faster, and more engaging for modern brands. How are you doing this afternoon, Jon?

Jon Lowen: Doing great. How about you?

TG Branfalt: I’m good. I’m good. As many of my listeners know, I’m actually a media studies professor. I have a master’s degree in communications, which includes a lot of sort of marketing stuff. So, this sort of what you do is in my wheelhouse a bit, but before we get into what you do, tell me about yourself, your background, and how you ended up in the cannabis space.

Jon Lowen: Yeah, definitely. So I always thought that I would be a doctor and then I switched to thinking I’d be in banking. And then the banking industry fell out right around when I was coming out of school. And I ended up at an ad tech company where we were focused on buying and selling ad inventory for hunting and fishing websites, and we called it a hook and bullet. And so that was my kind of entry into ad tech.

And working at a small startup became kind of my MO and my interests and where I really saw kind of the ability to build companies and build products was really interesting to me. And so I’ve ever since kind of been in the ad tech space and working at small companies, helping them grow.

Our latest foray was after the ad network business came along and programmatic kind of made those businesses a little bit more difficult, we ended up starting a location-based mobile company. So using location data to find targeted or to better indicate intent. So ultimately how can someone’s movement patterns or location that is being passed from their cell phones help you better identify users from an advertising perspective?

And from there I met my co-founder and we started Surfside and the genesis of Surfside ultimately was how can we take things beyond location? So location was a great signal for us, as the places you go, the places you visit is, like I said, a great indicator of intent but we wanted to know more about the consumer. And so we wanted to be able to bring in purchase data and behavioral data and psychographic data.

And we found that a lot of the businesses that we were working with wanted to be able to better monetize or activate their customer data, the data that they readily had access to. They didn’t feel like they were getting the value out of it. And so our mission was ultimately to start a company where we could work directly with brands, retailers, medium to small sized businesses just as much as the Fortune 500 and be able to offer this suite of services so that they could better action and take advantage of their customer data to make better business and marketing decisions.

And cannabis came along as one of our first clients. We had a former board member at one of our companies who entered the cannabis space and was looking for an edge in the marketing and data collection. And we started working with this company who ultimately is an MSO now and we got really interested in this space and we saw that, oddly enough, that the marketing was kind of limited to ad networks, something that I had done early on in my career and had seen how that technology has progressed over time.

And we saw a really clear path for what we were building around consumer identity and the ability to be very granular with our targeting, using location data that really hit all kind of the boxes when we talk about fulfilling and maintaining compliance and helping cannabis companies actually advertise at the scale that they’ve been lacking and targeting the right consumers, rather than just targeting contextually relevant websites.

And so Surfside was born. Well, the tech was born and we kind of pivoted and started focusing really solely on the cannabis space to be able to prove out the efficacy of the technology that we had built or had been building.

TG Branfalt: So you mentioned that the space lacks a lot of that sort of that marketing ability that a lot of other, I guess, normalized industries do have. So why don’t you explain briefly some of the differences, both policy and sort of actual between marketing cannabis, right, hemp products and the ancillary businesses that serve the industry.

Jon Lowen: Yeah. I would say that like, as far as the lacking of technology, it’s not out of a function of the technology’s not there. It’s a function of the people who kind of control the reigns of that technology or that inventory are not interested in the risk of working or allowing those types of brands or advertisers to use their software or use or have access to their inventory.

And so the early days was very much finding inventory partners that were willing to accept CBD, THC advertisers or even the ancillary businesses. And so once you kind of solve for the inventory supply, which was kind of, having been in the industry and been working with these vendors and inventory suppliers for a long time, we kind of had a leg up as far as our ability to have a prior relationship with them and being trusted allies with these different companies.

And so that gave kind of an inroad to prove out that these are quality companies there. Everything is going to be compliant as it pertains to the different legislation at a state-by-state or local level. And once you kind of provide that confidence and that trust, a lot of technology and a lot of capabilities really open up to you and you can start using, and we start building out really differentiated tech, not only for cannabis but that’s actually differentiated in other verticals as well.

And we’re starting to see actually some really unique things happening in the vertical that, and when we talk to our partners and other software and vendors that we’re integrated with, how they might be looking at other verticals, because what they’re doing is unique because of the complexity. The complexity and the nature of this business has kind of born some really cool things and some cool technology that might bear fruits in other industries.

TG Branfalt: And you mentioned sort of the policy differences. You and I are both in New York where we have medical cannabis and there’s, as far as I can tell, there’s no advertising of cannabis businesses allowed. However, when you drive on the thruway going towards Massachusetts in Albany, you definitely see on the billboards advertisements for Canna Provisions, let’s say, for dispensaries over the border. So, there’s obviously a learning curve, right? How do you navigate the various marketing restrictions on cannabis from state to state?

Jon Lowen: Yeah, so the first thing is we kind of bucket compliance in three different categories, creative, placement, and targeting. So, and to kind of answer more directly, it’s for us, we have intimate knowledge of all the different policies. As things are changing, we’re getting notifications and updates and constantly managing like kind of legislation as it pertains to the marketing and what we can and cannot do or can and cannot say.

But back again on those three different categories, it’s making sure that the creative is compliant and making sure that when we’re delivering an ad, every operator is going to be licensed in specific states, so ensuring that those ads only are being delivered in areas where they’re licensed.

And then from kind of the targeting and placement perspective, placement I mean, I kind of discussed before. It’s ensuring that the inventory that you’re delivering is going to be over-indexing for 21 plus. There’s kind of different percentages that those sites need to obtain in order to be qualified as compliant.

And then for us, we find that people really don’t talk about is the fact that targeting is a little bit more unique and that solving for creative, being able to understand whether or not your designers are putting in the right messaging and not targeting certain, making certain health claims or targeting minors, a lot of that is very controllable in your hands as far as the design perspective and understanding where your ads are being placed. You also have pretty direct control over when you’re talking about specific billboards or buying different websites or mobile apps.

But when it comes to targeting, ensuring that your ads are being delivered in the proper location, maintaining them within state lines, and then being able to ensure that you’re not targeting schools or public transit shelters and other areas that are kind of blacklisted or not allowed as it pertains to the targeting aspect of the compliance regulations, that kind of stuff, it takes a little bit more know withal and a little bit more expertise as far as being able to understand fraud, location data, making sure that the data that you’re receiving is relevant and accurate and precise.

And that comes into our past experience in being able to be kind of one of the experts in the location data field to make sure that the targeting is just as important as the kind of things that you will do at the onset of a campaign before it launches.

TG Branfalt: So you talk about all this data that you use to drive these sort of campaigns. Where does that data actually come from? And of the probably swath of data that you get, what data are you looking for and how do you actually leverage that?

Jon Lowen: Yeah. So for us, we wanted to move beyond the standard kind of available information that kind of is licensed out or sold or something that might be a little bit more readily available to all players in this space. So for us, we wanted to be very in tune and have the most intelligent and the most complete data set as it pertains to the cannabis consumer.

And in order to do that, that meant integrating with companies and platforms and businesses that had really good relationship with the consumer and so purchase data at the consumer level. And we have a number of different partnerships with POS systems, eCommerce platforms, marketplace specific brands, websites, and et cetera. So that we understand there are these offline behaviors of the cannabis consumer and the online behaviors and we bridge that gap and tie it back to this all anonymized, privacy compliant, taking into account CCPA and PII and HIPAA, all these different regulations so that when someone comes to us and wants to understand not only people who maybe recently visited a dispensary, but maybe specifically, “I want to target people who have an average basket size of over $150 and are buying edibles in the California market.”

And so like categorizing people by product category consumption, method, symptoms that they’re looking to treat, all in a compliant fashion gives you this really granular way to build out these audiences. And by tying to these different purchase points, it makes it really easy for dispensaries and brands to utilize existing software that they’ve implemented and being able to activate these learnings and these insights for their own business and media purposes.

TG Branfalt: So is there any data that you have access to that you choose not to use for sort of marketing purposes and if so, why not? And if not, why?

Jon Lowen: So, there’s a number of current and incoming kind of privacy and consumer regulations that come into play. Like you look at CCPA, you look at like PHI, any of the HIPAA Act and anything that is considered medical record. All that data is not usable.

And so in order for us to be able to use certain information, we have to obtain the consent from consumers. We’re obtaining consent from the different platforms and the different dispensaries or brands that we’re using for. A lot of the times when we’re working with the dispensary and they’re providing us data, they want to use it for their purposes only, and it’s not going to get merged, or it’s not going to get utilized by their competitors is ultimately their biggest concern.

And for us, in order to scale our business and in order to help them, like we’re not trying to create a marketplace where a customer can come in and necessarily buy their competitor’s data when it’s not in the best interest of our clients, it’s not in the best interest for us to help grow their business. And so that type of data is not available or not used. And then there’s obviously all the regulations around how and when it’s appropriate to use certain data based on the specificity or the legality of it.

TG Branfalt: So, I mean, as you said at the top you’ve been in this sort of marketing industry and you started in a niche industry, hunting and fishing, that’s not sort of a mass industry.

Jon Lowen: Bigger than you think.

TG Branfalt: Well, as opposed to groceries. I mean, I live in the Adirondacks.

Jon Lowen: Yeah.

TG Branfalt: I know how big the industry is, right? But I think that what I’m trying to get at is how much has sort of the data points or the information that you have access to as a marketer changed as data has become, right, everyone has a cell phone, it’s become a much sort of bigger element, right?

Jon Lowen: Yeah, definitely. The phone, in general, like consumption of your digital behaviors are growing every year and they’re not slowing down. So by nature, there’s going to be much more information that all these companies are going to have on users. Like the unpopular kind of view is the Internet’s free and it’s ad supported. So, do you want the content and the internet to be free, you have to kind of allow them to advertise to you and accept ads. And what they do, some companies do a little bit more with your data than others, and it’s kind of a gray area and that’s where you start seeing some of the CCPA come into play. We’re fully prepared and fully believe in kind of those consumer rights, as well.

But when it comes down to the different advances like mobile, like you discussed, that phone’s with you at all times. And there’s a number of different apps on that phone that are pinging for location and submitting and aggregating that to better serve you ads.

And in addition to that, cannabis is really unique in that every purchase, more often than not, requires you to provide your license and provide information, more information than you normally do at the point of purchase. So it allows for this ability to create a better graph or better understanding of who the customer is. And from a dispensary’s perspective, this is really valuable because, and even from a brand perspective, is that because you can start personalizing and building product geared towards the interests and what your customers are valuing.

And so you can start creating better user experiences. You can start creating better pricing structures and better products, but ultimately keep your customers coming back to your brand or to your dispensary. So it’s not all about kind of the targeting and the marketing aspect of it. It’s more about like, how can this data set and this information also help with brand and product development.

TG Branfalt: When you talk to dispensary owners or business owners, how frustrating, or is it frustrating for them sort of the rules that are in place as part of regulations? I mean, do they understand them or is it sort of one of those, like, “I can’t believe that we don’t have access to sort of traditional services.”

Jon Lowen: I think that, and I think that even like in March, March and April, we’ve seen that there’s pretty heavy swings and trends in the industry and demand fluctuates. And to date there hasn’t been a huge like, “Oh man, I really wish we had these different technologies or capabilities.”

I think that it’s coming to a point where more so now that we are beginning to see a lot of companies in this space trying to differentiate their marketing and get access to these new different technologies in order to expand their user base and to start being able to move away from the email marketing and the SMS, like the loyalty programs and the retention strategies that existed.

TG Branfalt: Okay.

Jon Lowen: So, it’s definitely been a bigger push we’ve noticed in the last six months to get into this customer acquisition. And even specifically with COVID the brands who primarily were using budtenders and dispensaries to educate and inform and reach consumers, they now with that kind of in-store pickup not being as required as it used to be and you start having states with delivery and curbside pickup, the brands are now realizing that it’s necessary to own that consumer relationship. And so being able to communicate directly with the consumer and handle that education is now a big push for them and using these different technologies is going to be key to that.

TG Branfalt: So I want to talk to you sort of about Facebook real quick. It’s the largest social network. Virtually everyone has a Facebook account and recently they updated their policies to allow for quote, “Verified cannabis companies to advertise,” sort of simple advertising. Have those, in your sort of expert opinion, have those guidelines that they’ve sort of offered for these verified cannabis companies, have those been effective to sort of changing the playing field a bit and how can a company best utilize that platform if they choose to use social media as a marketing media?

Jon Lowen: Yeah. So Facebook, Google, obviously the biggest, the most common question we get, we personally don’t manage those. If someone’s running SEO or running social campaigns, we personally don’t manage those campaigns or those tactics for them. More often than not, that’s handled internally or like a specialist group.

So, for us, our involvement, I always recommend it. Ultimately, you want to have a full funnel and a full media mix when it comes to your exposure and reaching clients. And if people are spending time on Facebook and Instagram or certain properties, then you want to be where they’re spending their time. For us, if they’re spending 50% of their time on Facebook and 50% of their time on every other app or website, that’s kind of the split between where we would execute on everywhere else.

And then there’s companies, and we manage a couple of Facebook campaigns that primary to us are core to our capabilities. But when we do, we’ve always known that these are going to start opening up and these are going to be channels that dollars are going to flow to. It’s just natural and it’s inevitable.

And so when we started the business, it wasn’t that we wanted to create a product or create a solution to compete with Facebook. We wanted to create a product and a solution that worked with them. And so how can we work with all media providers and all websites and all different kind of what we would call end points or destinations for where media can be delivered.

And that was around our concept of knowing the cannabis consumer so that when you go into Facebook and you run a campaign, you can start utilizing these audiences or these insights to better reach the known consumer.

So if you go into Facebook, they’re not going to necessarily have an audience that are an interest group for you that’s California edible buyers. And so having either your first party data or allowing us to help you activate that data in the platform for you, gives people more of a targeted audience rather than reaching the billions of people on Facebook. They can sub-segment and create more specific and relevant targeted campaigns through connections and platforms like Surfside.

TG Branfalt: So, you’re sort of the key holder to some questions that I do have about sort of that average cannabis consumer that you keep referring to. Is it people 18? Well, I mean, it would be 21 to 36 white male, is that demographic as is much purported?

Jon Lowen: So off the top of my head, I don’t have an answer on the specifics of like who is the cannabis consumer. What I would say is that when you look at demographic data in general, it’s important to look at it normalized or indexed against the average consumer.

And so if an audience or any population is going to be larger than in turn, like for instance, people always ask me, “Is the data sets that you have, is it primarily California?” Well, it’s not primarily California, but we have a lot more data than any other state in California, just because that’s where most of the sales are. That’s the biggest market.

And so if white males tend to be a very large proportion or percentage of the US then naturally you’re going to have a large proportion of that audience potentially as a segment in this business. But ultimately looking at how does that sample size, or how does that population index against the average consumer in the US is the way that we always like to look at things. And so how is your audience in California different than Massachusetts? Or how is your company, how is your business selling against certain demographics on a state-by-state or local level? We’ll always look at it against the baseline so you can really understand proportions versus indices.

TG Branfalt: Very fascinating stuff. It’s really, really great sort of explanation insight there. And then the other question, and you don’t have the demographics in front of you, but is flower still king? I mean, we read it all the time that flower concentrates are still about a third of sales in most states. Is flower still sort of king, I guess?

Jon Lowen: Yeah. So, actually kind of two points on that, ultimately is at Surfside we’re more focused on differentiating ourselves from kind of like the BDS Analytics or the Headsets of the world, as it pertains to kind of being like a market research company.

TG Branfalt: Okay.

Jon Lowen: For us, it’s about how can we help businesses manage and get the best use out of their data. So working with companies like that to turn it into consumer insights or providing other consumer behaviors tied to research reports or other information they may have. So, that’s why we don’t put out trend reports like a lot of these companies do, but as far as what we continue to see, flower is still a really big category. And there tends to be kind of some patterns emerging as the markets in each individual region or state mature and you start seeing like maybe people start in certain categories and then certain categories will grow over time as people begin to experiment with their preferred method of ingestion.

And so for us, what’s really interesting is being able to see those trends. Like if we’re seeing in Colorado, in a more developed state, that when flower used to be X percentage, and then over time, the beverage market is growing. Or like we’ve seen a lot of dissolvables come onto the marketplace. And so if that’s going to be a function of growth, like how do we take that information and understand the consumer? Like at what point in time, how many purchases, how many visits since they became a cannabis end market consumer does it take for them to move to these different product categories? Because then we can start using that information in order to properly market.

So, two dissolvables that comes to mind is you have like Caliper, that’s Stillwater and then like Chill. And at what point in time can we start taking data from California and understanding who that audience is? And then as someone goes into California or goes into Michigan, how do we use that understanding of that consumer to be able to build lookalikes and models, to be able to say, “All right, well, now this flower, this edible consumer is likely to be transitioning into exploring other forms of ingestion, and we should start serving them the dissolvable products now or the packets, powders.”

TG Branfalt: You’re a fortune teller.

Jon Lowen: We try.

TG Branfalt: In your opinion, we all get, so let me backtrack a little bit. I mean, we all get marketing emails, right? We all get SMS marketing, right? It’s sort of a bombarding thing. We’ve spam folders full of emails from any place we’ve ever bought anything in the last 10 years. And it gets inundating, right? So, in your opinion, what are the best practices for cannabis marketing to consumers without sort of the negativity that I think ends up spawning for everybody over time of the sort of inundation?

Jon Lowen: I mean, the first thing I would say is ultimately, I always say follow the numbers. So if you’re seeing drop off rates, if you’re seeing unsubscribes, it’s not necessarily about the open rates. More often, there was a stat that 99.99% of people are opening your SMS, but are they doing anything with it? Back when SMS and MMS messaging started, you were forced to open it to delete it.

TG Branfalt: Yeah.

Jon Lowen: So, it’s kind of an interesting step. But ultimately looking at those secondary metrics, are they driving sales? Are they driving visitation? So, don’t continue to do something that isn’t working and making sure you have that measurement and those metrics set up so you’re able to drive intelligent decisions, make those data driven decisions.

But then at the same time, a lot of these approaches if you put yourself in their shoes, you look at what’s logical, how would you want to be marketed to? And more often than not just having that kind of approach to things in conjunction with trusting the numbers and trusting what’s working is generally what we recommend. It’s don’t do something that would annoy you.

TG Branfalt: What sort of advice would you have for people who are just getting into the industry? I think they don’t have sort of that data that a company, a dispensary that’s been around for X number of years. What would you say to them, the sort of person who’s just entering to help them in their marketing journey, which is, I mean, just by this conversation, I mean, it’s very complex. It’s not just, “Here’s the ad,” right?

Jon Lowen: Yeah. We like to make sure. It’s like a iceberg or a duck. They look really calm on top, but there’s a lot going on underneath. For us, it’s we want to keep things as simple as possible and we’re able to, all of this data and all this information is what we use internally to make a brand or dispensary’s life super simple.

And so there’s different services available. As far as what I would recommend, it’s test, ask questions, don’t be afraid. Ultimately, obviously in my biased opinion is spend. You’ve got to spend a little in order to understand what works and what doesn’t. And then be quick. Be quick to make decisions. It’s be quick to make decisions, but ultimately understand that if marketing was a surefire way to success then everyone in the space would be printing money.

So, you have to iterate, you have to continue to trust the process and work. We recommend working with different vendors and working across different channels and experimenting. You still have to go out there and be present and communicate. It’s like other biz dev efforts as well. It’s not, you can’t just do one, can’t just have a website and hope people show up to it.

You’ve got to have some type of outreach and some type of methods. And the more channels and the more presence you have, ultimately, the more touch points with the consumer, it’s the more likelihood that those consumers are going to convert.

And making sure that you have a structure in place where you’re able to identify what’s working and what’s not is kind of our MO and that we want to ensure that you understand that every time that you communicate with a consumer that’s an influence point. And so we want to make sure that we understand what is that path to purchase. So even if you’ve got a website, if you’ve got a listing on Google or a social, you’re doing your tweeting, or you have an Instagram page or a Facebook page, every different touch point counts.

And even when you start adding in your billboards and your prints, and you’re doing events or conferences, there’s ways to measure the effects and the effectiveness of these different marketing components. So the more you can measure and the more you’re able to understand what’s working, what’s not working, ultimately the better decisions you can make. And relying on trusted and experienced companies will only make that easier for everyone.

TG Branfalt: And then finally, I just want to ask you just sort of by your background and you’re a reasonably young guy, I reckon, just by pictures and the sound of your voice, what was the biggest challenge for you entering this industry and getting to understand the sort of nuances because it’s got to be a pretty different sort of gig than you’ve done in the past?

Jon Lowen: Yeah. I mean, it’s not as complex or our last company. This is our third or fourth startup at this point, depending on how you look at it. We’ve had some startups sold into other startups and I count those as separate startups, but everything’s complex in its own way no matter what you’re running. Excuse me. We’re running into different issues. Like when it was hunting and fishing, you can’t advertise ammo and guns very easily. So dealing with compliance and dealing with these types of issues is maybe I’m drawn to them, these complex issues.

Google still, I don’t think, accepts any advertisements for guns and ammo so finding destinations and places where you can deliver those ads was very similar to what we had to do to start this business. And then when it’s location data, location data is like a hot topic right now and the usage of it and how it should be used in consumer privacy. And you have GDPR that started in Europe and CCPA in California and more regulation is coming. So there’s so much to me like when people ask that question, it’s not the first time we’ve got it.

But ultimately cannabis, I don’t really see to be as complex as HIPAA or CCPA or GDPR. When you’re trying to find the consumer when you’ve got access to billions of inventory and 240 million legal age consumers in the US and an infinite amount of creative possibilities to message them, making that right combination is the tough decision. Navigating the states and the handful of different regulations that each state has is albeit potentially manual. I know there’s companies that are trying to automate this process in a more technological way, but it’s not necessarily like our biggest issue right now.

It’s kind of, what we say is compliance is a requirement, not a feature. And so we want to make sure compliance is a standard. As legal as it is, it’s a legal requirement. So we’re going to make sure that everything’s compliant, but then it doesn’t equate to performance. And so we want to ensure that the performance is actually there and that’s where it gets difficult, guaranteeing performance and driving sales and visitation. That’s the biggest challenge for us.

TG Branfalt: Man. This is really, really interesting insight, man. And I really appreciate you coming on the show to really, I mean, dig into some of these issues. Where can people find out more about you, find out more about Surfside and your suite of offerings?

Jon Lowen: Yeah. So website’s surfside.io is kind of the best place to reach us. You could always email us, reach us at Twitter or LinkedIn. We’re very available. One of the things we pride ourselves on is my email’s jon@surfside.io. If you ever need anything, just email me direct or shoot me a call. We’re happy to connect and talk about the industry and the business and consult, just shoot the shit. So, we’re good either way.

TG Branfalt: That’s Jon Lowen, he’s the co-founder of Surfside, a direct-to-consumer marketing firm whose mission is to build an ecosystem of products that make consumer acquisition smarter, faster, and more engaging for modern brands. Thank you so much for taking the time to come on the Ganjapreneur.com Podcast, man.

Jon Lowen: Thank you. I appreciate for having me.

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

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Thai Study Suggests Cannabis Extracts May Inhibit Cancer Cell Growth

A government-led study in Thailand suggests that cannabis may inhibit cancer cell growth, the Bangkok Post reports. The Government Pharmaceuticals Organization (GPO) study found that both THC and CBD inhibited cancer cells in test tubes and the cannabinoids could be used to treat breast, pancreatic, and bile duct cancer.

However, GPO specialist Nanthakan Suwanpidokkul told the Post that more studies – including those on animals – were needed.

The GPO study began last year after the agency started distributing medical cannabis products to public and private hospitals in August last year. The study focuses on a variety of tough-to-treat diseases and conditions.

A Prasat Neurological Institute and Queen Sirikit National Institute of Child Health study associated with the GPO research found symptom improvement in 62 percent – 10 of 16 – of children suffering from intractable epilepsy.

The Prasat Neurological Institute also found that five of seven multiple sclerosis patients who had not responded to standard treatments were improving while being treated with a 1:1 THC:CBD extract.

The National Cancer Institute found that 14 terminal cancer patients receiving palliative care experienced pain relief by more than 50 percent, had an increased appetite, gained weight, and slept better after receiving cannabis extract for three months. The Department of Medical Services, using a THC extract and pharmaceuticals for a month, reported that 42 terminal cancer patients at its medical cannabis clinics said they, too, had improvements in their pain, appetite loss, and insomnia.

Sakonnakhon Hospital, over three months, provided 16 Parkinson’s patients with the THC:CBD extract and found their conditions improved, including better sleep and overall improved quality of life.

The patients throughout the study reported minimal side effects, including dry mouth, confusion, headaches, heart palpitations, nausea, and vomiting.

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Navy Bans Hemp-Based Personal Care Products

The Navy has banned sailors and Marines from using hemp-based personal care products – such as lotions, soaps, and shampoos – according to a Stars and Stripes report. In a statement, the Navy said the products could contain too much THC and might “negatively impact mission readiness and disqualify a sailor from continued service.”

The branch banned hemp-based topicals in July saying there is no way to ensure the products do not contain psychoactive levels of THC and that the labels may be untrustworthy.

Both bans are an effort to keep servicemembers from unwittingly consuming THC and failing a drug test. Last summer the Navy banned sailors and Marines from ingesting any hemp-derived product without a valid prescription.

The Army, Air Force, and Coast Guard all already ban their members from consuming products made with hemp or hemp seed oil.

None of the bans include hemp goods such as clothing, twine, rope, or other “durable” products not designed for ingestion or personal care.

Service members who test positive for THC are processed for administrative separation, the report says, and could receive an “other than honorable” discharge which could prevent them from receiving employment opportunities and veteran’s benefits.

Last year the Department of Defense warned servicemembers from using any CBD products due to the risk of ingesting THC. According to Stripes, over a two-month period in 2018, military bases in the U.S. reported more than 100 medical incidents related to adulterated CBD products.

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Fewer Banks and Credit Unions Are Serving the Cannabis Industry

The number of banks and credit unions working with state-legal cannabis companies has dropped to 695 nationwide, according to a report from the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN). It’s the lowest number of financial institutions to serve the industry since May 2019.

According to the agency, the number of banks and credit unions working with cannabusinesses had steadily increased since October 2018, when just 512 depository institutions allowed cannabis clients. That figure peaked in November 2019 at 747 but has been on a steady decline since and the month-to-month drop from 705 to 695 from May to June of this year matches only the decline from December 2019 to January 2020.

According to the Federal Deposit Insurance Corporation, there are currently 5,066 FDIC-insured financial institutions in the U.S.

Of the 695 institutions serving cannabusinesses, 185 are credit unions – which have mostly increased their cannabis clientele since 2019 – and 510 are traditional banks. According to FinCEN data, banks began accepting more cannabis company clients in late 2018 when the figure went from 300 to about 650 within a year but has since declined.

FinCEN said that some of the “short-term declines” in the number of banks and credit unions actively providing cannabis banking services “may be explained by filers exceeding the 90-day follow-on Suspicious Activity Report (SAR) filing requirement.”

“Several filers take 180 days or more to file a continuing activity report. After 90 days, a depository institution is no longer counted as providing banking services until a new guidance-related SAR is received.” – FinCEN, Marijuana Banking Update

Under the Cole Memo – which is still the law of the land for FinCEN with regard to cannabis banking despite opposition to the memo by former Attorney General Jeff Sessions – there are three categories used by financial institutions to describe their relationship to cannabis companies in SARs: Marijuana Limited, Marijuana Priority, and Marijuana Termination.

As of June 30, the agency had received 142,120 SARs, the majority (107,537) using Marijuana Limited, which indicated the bank found no suspicious activities and the company is compliant with the Cole Memo. 10,626 SARs were Marijuana Priority, which means the cannabis company might not be fully compliant with the memo but an investigation is underway; and 32,530 Marijuana Termination SARs, which means the financial firm is not compliant with the memo and the institution decided to no longer work with the business.

The agency also said the decline could be due to cannabusiness closures during the coronavirus pandemic and reduced staffing at financial institutions.

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Biden Calls for ‘Mandatory Rehab’ Instead of Jail for Drug Crimes

During a campaign stop in Kenosha, Wisconsin last week, Democratic presidential nominee Joe Biden said he supports “mandatory rehabilitation” for “anybody convicted of a drug crime.”

During the remarks – first reported by Marijuana Moment – the former vice president clarified that rehab would not be for crimes including “massive selling, but consumption.”

“Instead of building more prisons, as I’ve been proposing for some time, we build rehabilitation centers… They’ve got to go to mandatory rehab, but it’s not part of the record when they get out if they finish it.” – Biden during remarks in Kenosha, Sept. 3, 2020

Biden’s campaign platform includes a criminal justice system “focused on redemption and rehabilitation” but makes no mention of “mandatory” rehab for those convicted of drug crimes.

Maritza Perez, director of national affairs for Drug Policy Action, told Marijuana Moment that Biden’s plan for “coerced treatment will inevitably result in forcing people who do not have substance use disorders or who would naturally recover into services.”

Perez instead suggested expanding “access to substance use disorder treatment and other support services that are attractive and affordable to increase voluntary treatment where appropriate.”

“Biden’s proposal would merely waste resources that could be used for people who actually want and could benefit from treatment,” she said in the report.

The Biden campaign – which includes former California attorney general and current Democratic Sen. Kamala Harris as the vice president pick – has stopped short at every opportunity to support broad cannabis legalization policies.

Last month, Harris said in an ABC News interview that a Biden Administration would pursue policies to decriminalize cannabis possession and enact some police reforms. In May, the campaign announced a “Plan for Black America” that calls for cannabis decriminalization, expungement of convictions related to cannabis use, and ending “all incarceration for drug use alone,” opting instead for drug courts and treatment.

Harris is one of the sponsors of the MORE Act, or Marijuana Opportunity Reinvestment and Expungement Act, which would federally legalize cannabis and reinvest some proceeds into supporting over-policed communities. The House is set to vote on that measure this month.

The Democratic Party did not include broad cannabis legalization in its 2020 platform.

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Maine Issues First Adult-Use Cannabis Licenses

Maine has issued six long-awaited recreational cannabis licenses including two retail stores that will be allowed to open to the public on October 9, the Portland Press Herald reports. The licensing is a major step toward adult-use sales in the state which were approved by voters in 2016.

In addition to the retail store licenses in South Portland and Northport, the Office of Marijuana Policy also approved the license for Nelson Analytics – the first testing laboratory approval – and cultivation licenses for businesses in Detroit, South Portland, and Auburn.

No licenses were awarded for manufacturing businesses in the first round, but regulators say they will continue issuing adult-use licenses up to and after the October rollout date for the industry.

Erik Gundersen, director of the OMP, told the Press Herald that Maine has “the unique distinction of being the only state to launch its adult-use marijuana program during a pandemic,” and warned of supply shortages in the first months of sales.

“The initial market will likely be limited in both accessibility and product availability, but the industry will evolve responsibly and provide safe, convenient access.” – Gunderson to the Press Herald

Under the state’s voter-approved law, daily purchases are limited to 2.5 ounces of flower or 5 ounces of concentrates. Edible potency is maxed out at 10 milligrams per serving and packages cannot contain more than 100 milligrams.

Officials predict the first full year of sales will reach $168 million, which would generate a minimum of $33 million in tax revenues. Officials expect an estimated 6,100 new jobs to be generated by the sector.

So far, just 52 of the state’s 453 cities and towns have opted into allowing adult-use sales with more expected to accept, or reject, the industry in the coming months.

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