Study: Potent Cannabis Doesn’t Guarantee Greater Impairment

According to researchers at the University of Colorado Boulder, smoking high-potency cannabis concentrates boosts THC levels in the blood but doesn’t necessarily get the user higher.

The study included 121 cannabis flower users and concentrate users using products legally obtained in the state. The concentrates ranged from 70 percent to 90 percent THC, while the flower ranged from 16 percent to 24 percent THC.

Lead author Cinnamon Bidwell, an assistant professor in the Institute of Cognitive Science, said the study found that “potency did not track with intoxication levels” and while the researchers “saw striking differences in blood levels between the two groups, they were similarly impaired.”

“It raises a lot of questions about how quickly the body builds up tolerance to cannabis and whether people might be able to achieve desired results at lower doses.” – Bidwell in a statement

Study participants who used concentrates had much higher THC levels in their blood before, directly after, and one hour after use – as much as 1,016 micrograms per milliliter – whereas THC levels in the blood of flower consumers topped out at 455 micrograms per milliliter. Yet, their self-reports of intoxication, along with balance and cognitive impairment measures were “remarkably similar.”

Kent Hutchison, a professor of psychology and neuroscience at CU Boulder, said that if the researchers had given people alcohol and raised the alcohol levels in their blood to similar levels, “it would have been a different story.”

“People in the high concentration group were much less compromised than we thought they were going to be,” he added.

The researchers also found that the balance among all of the study participants was about 11 percent worse after getting stoned and their memory was compromised but those effects faded within about an hour.

The study suggests that regular cannabis concentrates consumers likely develop a tolerance over time; that there may be genetic or biological differences that make some people metabolize THC more quickly; and that once cannabinoids fill receptors in the brain that spark intoxication, additional cannabinoids have little impact.

End


Michigan’s Gov. Whitmer Could Save This Cannabis Prisoner’s Life

Michigan Gov. Gretchen Whitmer (D) is facing a simple but important decision: she could free Michael Thompson, a man sentenced to 60 years in prison for selling cannabis, or she could allow his unjust and evil punishment to go unchecked, sending a cruel message of disinterest despite her stated support for cannabis reform.

Thompson was arrested in 1994 for selling cannabis to undercover police. He was sentenced to 40-60 years in prison and has served 25 years of that sentence; during that time, Thompson’s mother, father, and only son have passed away. Today, as a 68-year-old man with type-2 diabetes — coupled with the medical and sanitary failures of the U.S. prison system — he is especially at risk from the coronavirus’s most deadly symptoms.

Advocates have mobilized in Thompson’s name and already 21,000 people have reached out to the governor’s office to request her intervention in the situation — but the movement needs more.

Genesee County Prosecutor David Leyton has also called for Thompson’s release. “I was not the elected prosecutor at the time but, what I can say based on my review of the case file almost 25 years later is that the sentence handed down by the judge certainly appears to be disproportionate to the crime committed,” Leyton said in April.

When she was elected, Gov. Whitmer said she would consider cannabis expungement efforts in light of voters’ simultaneous passage of the state’s legalization law. Many other governors in legalized states have taken the popular move of wiping low-level cannabis crimes from the public record — just this week, Nevada’s Gov. Steve Sisolak (D) announced his plan for the expungement of tens of thousands of cannabis convictions.

However, while such expungement plans are a step in the right direction, they overlook some of the most egregious examples of unjust punishments to arise from cannabis prohibition, including Thompson’s sentence which was boosted significantly after officers found firearms in his home (although no guns were involved in the crime for which he was arrested).

Will Gov. Gretchen Whitmer stand up for what is right and set a positive example for governors around the country? We certainly hope so. To encourage her to do so, we are asking our followers who believe in cannabis justice to take action. Click here to make your voice heard and send a letter telling Michigan Gov. Gretchen Whitmer to set Michael Thompson free because nobody deserves to die over an herb.

End


Cresco Labs Appoints NBA Players Association Boss to Its Board

Cresco Labs has appointed longtime trial lawyer and Executive Director of the National Basketball Players Association Michele Roberts to its board. She is the first woman and person of color to sit on the Chicago-based cannabis company’s board.

Roberts, a fellow of the American College of Trial Lawyers, has served as the executive director of the NBAPA since 2014, and previously worked with law firm Skadden, Arps, Slate, Meagher & Flom. She also served for eight years in the Public Defender Service for the District of Columbia and was named chief of the trial division.

“I look forward to advancing Cresco Labs’ distinctive brands of high quality products and services, particularly those focused on the promise held by medicinal cannabis to treat conditions and illnesses where more traditional protocols have not met the patients’ needs, and I am also committed to supporting Cresco’s Labs’ social responsibility efforts which are focused on the industry’s first national Social Equity and Education Development initiative to better both individual lives and underrepresented communities.” – Roberts in a statement

Tom Manning, Cresco Labs’ Executive Chairman, said Roberts is “an outstanding addition” to the company’s board.

“Drawing on her experience in leading one of the most important player organizations in the sports world and her expertise in law and litigation as a highly-accomplished trial attorney and educator, Michele will provide a unique perspective at a critical time of continued growth and expansion in the industry,” he said in a press release.

Roberts is the 10th director on Cresco’s board. Roberts’ appointment comes on the heels of Cresco co-founder and former president Joe Caltabiano’s resignation from the board. The news of Roberts’ addition to the board also surfaced around the same time as reports suggesting that the NBA would stop testing players for cannabis use, medical or recreational.

Jason Ortiz, president of the Minority Cannabis Business Association, told the Chicago Tribune that the move is a “concrete” improvement that separates “those that are committed to making sure the future of this industry looks different than the past, and those that aren’t.”

End


High Times Forms Branding Partnership with Multi-State Operator

Hightimes Holding Corp. is continuing its push into the retail sector announcing they have entered a series of agreements with Red, White & Bloom (RWB) to brand High Times dispensaries and develop cannabis products in Michigan, Illinois, and Florida.

The partnership will see RWB re-brand its 18 planned and operational dispensaries as High Times stores. The companies will also launch High Times branded vape, tincture, topical, and edible products within both owned and third-party outlets.

Peter Horvath, Hightimes Holding Corp CEO, said licensing the High Times brand, advising on dispensary operations, and providing input on product development “allows the company to drive significant revenue from licensing fees without assuming the complexity associated with owning and operating dispensaries and scaled cultivation and manufacturing facilities nationwide.”

Under the terms of the agreement, the Hightimes Licensing Company sold to RWB 100 percent of the equity of Newco. In consideration for the sale, the Hightimes Licensing Company will receive $15 million of RWB common shares which are expected to trade on the Canadian Securities Exchange.

In January, Hightimes Holding said it had struck deals with dispensary licensees in Los Angeles and Las Vegas to open two flagship retail locations. Last month, the firm announced it had reached an agreement to acquire 13 planned and operational California dispensaries from Harvest Health & Recreation Inc.

In late March, the company signed a letter of intent to acquire Humboldt Heritage and subsidiaries Humboldt Sun Growers Guild and Grateful Eight LLC, which would have given the company access to cultivation, production, and manufacturing capabilities in California in addition to its dispensary plans. That deal was terminated in May.

End


Bermuda Government Seeks Feedback on Cannabis Legalization Proposal

The Bermuda government is seeking public feedback for its cannabis legalization proposal, the Royal Gazette reports. The proposal includes a legal possession and purchase age of 21, capping purchases at seven grams, seven types of licenses, and the creation of the Cannabis Advisory Authority which would issue licenses and set regulations.

According to the report, the industry licensing fees would be issued for retail, cultivation, research, import, export, and manufacturing. The fees would be designed to help the economy but would not be expensive.

Attorney General Kathy Simmons said in a video announcement that the proposal “will provide for a regulated cannabis program which has been hybridized to meet Bermuda’s requirements while modeling the best available legal provisions in Canada, both provincial and federal, and to a lesser degree, examples from the Caribbean.”

The government gathered feedback for a legalization bill last year but there were some concerns about the regulations outlined in that proposal and that broader reforms were needed than what was contained in the bill.

“The Government has made a commitment to progressively liberalize cannabis laws in Bermuda and to create economic opportunities for citizens wishing to participate in a regulated cannabis scheme. This policy has developed in response to significant public sentiment that the formerly proposed medicinal cannabis reforms were too complex and were unlikely to generate sufficient economic opportunities to justify moving ahead.” – the Government of Bermuda post on the Citizen’s Forum

The public comment period on the reforms end on July 3.

End


David Kessler: Optimizing Indoor Cannabis Cultivation Facilities

David recently joined our podcast host TG Branfalt to discuss the potential of Agrify’s cultivation technology, the important role being played by data collection and analysis in the modern cannabis industry, his advice for entrepreneurs who are feeling overwhelmed by the advent of technology in cultivation practices, and more!

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

If you are a commercial cultivator and you haven’t already downloaded the free report that Agrify has published about indoor air quality, click here.


Listen to the podcast:


Read the transcript:

Commercial: This episode of the Ganjapreneur podcast is made possible by Evergreen Gateway, a provider of cannabis friendly financial services. As many cannabis entrepreneurs have experienced firsthand, it can be very difficult to get approval for essential financial services once your bank finds out what industry you’re in. Evergreen Gateway makes it easy for cannabis entrepreneurs to access the financial resources that you need to operate your business. From merchant accounts to cash advances, virtual checking, and depository banking, Evergreen Gateway has established solutions that cater to the specific needs of the cannabis industry. Get in touch today at evergreengateway.com.

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 David Kessler. He’s the vice president of Horticulture and Customer Success for Agrify, a developer of premium indoor-grow solutions for the cannabis and hemp marketplace, whose mission is to assist horticulturalists in producing the highest quality crop possible, with consistency, and superior yields. Kessler interestingly also served as a consultant and hydroponic system designer for the Hunger Games film.

How you doing this afternoon, David?

David Kessler: I’m doing great TG, and thank you so much for having me on the show. Really excited to be here with you today.

TG Branfalt: I’m delighted, man. I was really like talking to people who can talk about cultivation. Because as I’ve said on the show, people who listen know I’ve never grown a cannabis plant. I, for the first time, the other day sprouted some vegetable seedlings. So these conversations allow me to fill in a massive knowledge gap that I have and also helps inform that the listeners. But before you drop some knowledge on me man, tell me about yourself, your background, and how’d you end up in the cannabis space?

David Kessler: Sure. It’s an interesting story, because I actually started cultivating cannabis before I ever consumed cannabis. I had a lot of friends in my late teens that were cannabis enthusiasts. And I didn’t understand why they focus so much attention and time on cannabis, whether it was getting cannabis or being able to use cannabis to medicate, but it took up an inordinate amount of time. And I didn’t understand. Because the seeds literally came in every pack that they got. And so for me, as someone who had been used as child labor, my mother grew fruits, vegetables, and flowers. My father was an award-winning rose grower. I naturally had that green thumb, that background. And so the thing I did before I was ever even consuming at all, was to learn how to grow the plant. And I fell in love with it. I fell in love with the genetic diversity, the differences in the various genotypes or the phenotypes, the flavors, the aromas, the aesthetics.

And from there continued, and started consuming. But then I just didn’t see it as a viable career option at that point. And so I went to university, I studied to become a lawyer. And before going to law school, I decided what I really love is plants, and I don’t want to do something I’m not passionate about for the rest of my life. So I went back to school for graduate work in horticulture. And that fostered an incredible level of opportunity in a lot of really diverse weights. So it allowed my various interests and expertise to kind of intersect.

And I opened an orchid nursery. I became a judge with the American Orchid Society. So I’ve traveled the world, looking at flowers, internationally. Started doing a facility and hydroponic system design consultations. And then that actually turned into some grant writing. Won a six-figure grant from Google, and started bringing science and technology or STEM curriculum into the public schools. And from there, got hooked up into these consultantships for Hollywood. So I got to consult on the Hunger Games film franchise, the Allegiant series, more recently Black Panther. And then someone gave me this opportunity. I never thought I’d have, to grow cannabis legally or to work with a technology company that fosters that. And I jumped on it. I’ve never looked back, and I’ve never been happier.

TG Branfalt: That might be the most wild background for any cultivator that I’ve ever heard. So I got to ask you a couple of questions. First is, so you talk about the genetic diversity. And you’ve worked a lot of plants. You studied horticulture. Is cannabis the most genetically-diverse plant that you’ve personally dealt with?

David Kessler: It depends on how we want to look at that question TG. And the reason I say that is this. From a genotype background, cannabis genetically doesn’t have a lot of speciation, doesn’t have a lot of varieties. In fact, the government only recognizes one species, cannabis sativa. Cultivators kind of push on that. And they’ll be dichotomies between sativa, indica, ruderalis, chinensis. But ultimately if we’re only talking about four or five species, that’s not really a diverse group of plants. When I fell in love with orchids after cannabis, I did so because they had a high value, they were really beautiful, really coveted, and they have the most diversity of implant family on the planet. There’s over 50000 natural species. So if you think about that 50000 times the number of species of cannabis, and there’s over 250000 registered hybrids.

And that’s a point that I just want to talk about just quickly. With orchids not being illegal, there have been records kept of every species, every hybrid, every hybridizer, going back into the 1850s at the Royal Horticultural Gardens in ACU. And with that knowledge base, we’re able to really understand the breeding of those plants, what traits are dominant and what those expectations are. What’s interesting about cannabis from the diversity standpoint, even with those minimized number of species, because of the huge diversity of chemotype, the chemicals actually produced by the plant over 400, you get this incredible variance in actual expression.

And so whether you love those fruit flavored strains, or maybe you’re more on the gassy side of things, whatever your preference is, it’s the recombination of the DNA that we have, that leads to that various expression and that diversity that so many cannabis enthusiasts, and cannabis producers really strive for. And what we’re looking for is not something that’s good, but something that’s great, something that’s exceptional, a very unique combination of DNA that produces a plant or a flower that really has a unique chemical profile, and that chemical profile might be an expression of potency. It might have certain medical effects, but it also might be producing a certain aroma or an aesthetic, like some of the new slurry cane hybrid, almost a white. It’s hard to find green under all the tricombs.

So what I love is that diversity, and the ability to take a genome, a particular set of DNA, and really push it to see what it can become in an optimized environment. And that environment might be the cultivation environment, it might be having to do with how long it’s in a particular stage of its life. But there’s a lot of work to be done to understand the boundaries of what cannabis can do as a plant. And now that it’s come into a legal status, we’re able to really foster that understanding and Agrify’s technology is able to help not only discover what those maximized potentials can be, but also to get some consistency and reproducibility of those traits.

TG Branfalt: So before we get to the Agrify technology, I got to ask, just about, you said that you were growing cannabis before you were using it. Can you tell me about your journey to actually becoming a consumer?

David Kessler: Sure. You know, again, I had lots of friends that were quite enthusiastic about cannabis, and I just didn’t understand why when they were given the seeds, no one tried growing it. So initially I started just planting them in soil in the backyard, and in pots around the house, and seeing what would happen. And I would get seedlings that get up about six or eight inches and then just wither over and die. And at that point I really decided, “Okay, what I need to do is take an approach that I’m comfortable with. Which is learn everything I possibly can about this, so I can learn how to do it.” I wasn’t comfortable that I couldn’t grow this plant.

So I started learning, reading everything that was available. This was pre-internet. So I’m dating myself. There was very limited information that was available to us at that time. And I started cultivating. I found lights that were being disposed off at a country club. And I learned how to wire electricity so I could use those. And found a place in the basement that I didn’t think my parents would look. I was wrong. And that is how I started my journey. But once I started growing the plant, and understanding that three plants that came from the same seed, the same mother plant, if you will, were so different from one another, even though they had the same parent.

I was surprised, although I look back and I shouldn’t have been. My sister and I look nothing alike. And we came from the same parents. So why would I have expected cannabis to be any different? And it’s that diversity that I’ve loved, and the challenge of growing and maximizing those particular traits that I really feel fortunate to be able to help with today.

TG Branfalt: When did you decide to actually smoke it?

David Kessler: I had a girlfriend, and she was a very heavy consumer. And she convinced me to try it. And the rest is history from there. Was led down the path of sin by a good woman. So it was a great experience. I thoroughly enjoyed it. I finally understand what my friends were doing, and why they were doing it. And it was from then on just a part of my life. And again, it’s something that I became passionate about. But I just didn’t see it as a career option that I could go back to my parents and say, “I know you want me to be a lawyer or a doctor.” I’m a Jewish boy from New York. Those were the only options, lawyer, doctor, or disappointment. So to go in and have to tell them that, this is what I’m passionate about, it was an interesting experience. And I can tell you one where I didn’t get spoken to for several weeks after.

But once your name is associated with things like Hollywood films, all of a sudden, all of the nay say in the family kind of turned around. And I was in good graces again.

TG Branfalt: Super interesting, man. Thank you for telling me that story.

David Kessler: No. No worries.

TG Branfalt: Tell me about Agrify, and what you specifically do as Vice President of Horticulture and Customer Success.

David Kessler: For sure. So Agrify, I think as you mentioned, is a premium supplier of the indoor agricultural technology and solutions. And what we’ve done is take a different approach to cultivation. I mean, I think a lot of cultivation today has emerged from the illicit black market era. And a lot of the best practices that were used were just scaled as reasonably as possible to address this increase in demand. But what we’ve done is take a different approach. We looked at it as a way of systems engineering, specifically designing hardware and software solutions for cannabis cultivators that really work together.

One of the challenges that we identified in the industry early on, was that a lot of cultivators and investors/entrepreneurs were taking kind of a best-of-breed approach. They wanted the best light. They want the best HVAC system. They want the best computer control system, and fertilizer, and checks and system. But then you’re hiring an integrator and you’re trying to get kind of closed systems to communicate with each other. And that doesn’t necessarily foster the best results. So what we wanted to do is provide that ecosystem of equipment; hardware and software solutions that could really address cannabis cultivation, bringing into practice things like best practices from pharmacology, and horticulture, and plant science. And combining that with proper sanitation procedures from the food production industry. And also involving more commercial agricultural best practices.

And so in doing all of that together, we think we’ve put together a really effective system for cultivators that allow them to produce a very high-quality cannabis flower to do that consistently, and still do it at a reasonable or low cost, making them more viable long term.

TG Branfalt: So how does this tech sort of… I’ve interviewed people from grow box companies, that sort of industry. How does your tech in these vertical farming units is … What sets it apart from similar tech?

David Kessler: Sure. Well, one of the things is that it is in smaller environment, I think, than most of the other, what I would call prefab or box cultivation solutions are on the market. A lot of those cultivation solutions are more hardware driven, like retrofitting shipping containers with more of a traditional cultivation approach. But in terms of what sets it apart, aside from industry leading efficiency on LED lighting and custom design software, is the fact that we’re taking an enormous amount of data, each one of our grow chambers or VFUs, which is only 32 square-feet of floor space, has two layers of canopy. So that’s 64 square feet of canopy. But is taking one-and-a-half plus million data points each year. And because we are amalgamating that data, our clients have the opportunity to review that data, to learn from that. And it’s also a unique approach. If I’m trying to optimize a new cutting, a new strain that was brought in, let’s say law the cake, and I’m in a traditional grove where I have eight flowering rooms. I can only really put it in one room with a lot of other genetics and trying to get it to produce a good result.

Using Agrify’s VFU technology, each one of the VFUs is a completely independent climate. And in that, we have independent testing grounds. So I can take that same cutting, run it in one of the VFUs at 80 degrees, one at 84 and one at 88, and see if the temperature impacts the results that I’m looking for. Maybe it’s not yield that this cultivator is interested, maybe they’re looking for quality. Maybe this is about maximizing the total cannabinoid production. And then from there, maybe I’ll do it again. And I’ll look at optimizing the fertilizer utilized throughout the life cycle of the plant or the CO2 levels. And by gathering all of these data points, and by being able to do these iterative experiments, we’re really able to push the boundary of what that genetic is able to do. And because of the data collection, and the granularly controlled internal environment of each VFU, we can then deliver and reproduce the desired result.

And if you don’t mind, I just want to mention one thing. Earlier I had talked about how the plant, how cannabis can produce over 400 different chemical compounds. Well, the plant cannabis is extremely plastic or variable based on its environment. If I take the cutting and I grow it outdoors in New York, and I take the same cutting and I grow it indoors in a VFU, although it’s genetically identical, the phenotype or the outward expression, the look of the flower, the chemical profile of the two flowers are going to be dramatically different. And that’s because plants can’t move away. And so they react to their environment by kind of changing with that environment.

And so that plasticity is minimized using Agrify’s technology, which means for the first time, cultivators can really start to dial in, not just the recipe by which they cultivate, because a lot of cultivators do that. A lot of cultivators look in kind of develop the fertilizer program, and the light recipe, and so forth. But not a lot of them can control the internal cultivation environment so granularly that you can minimize that plasticity, which allows cultivators to deliver a high-quality product to a consumer that is going to have that same effect, whether it’s a chemical profile or an aroma. But I think that consumers really demand consistency.

If you look at say the adoption of brands like Coca Cola or McDonald’s, they are successful because every Coca-Cola tastes pretty much the same. Whereas in cannabis, I was on a panel in a Michigan conference and they asked, why do people try a strain twice and then not try it a third time? And I said, look, I have to guess that they loved it the first time. They didn’t have the same experience the second time. And they weren’t going to give you a third chance. And so I think in order for entrepreneurs to build brands, they need consistent products, uniformity. And that is really what Agrify delivers.

TG Branfalt: Well, and to your point, I had a guest on a few months ago who they collect basically all of the terpene data, and basically everything comes out of state testing programs where they take terpenes. And he was basically like, “We got the same what was marketed as the same thing, and had the same strain name.” And he goes, “And then we look at the data points and they weren’t even close. But it’s still marketed as it’s an indica, or it’s a sativa. And it had the same strain name.” So could this possibly make… I mean, you’re saying that this is a way to ensure consistency. And so we don’t end up with, as you mentioned dissimilar experiences.

David Kessler: Absolutely. And to your point, I think that, yes, this is a way cultivators can guarantee consistency of their crops. But you’re also bringing up a larger industry wide issue, which is that there isn’t a taxonomic structure. And unlike orchids, which have this huge database of information, and also a specific scientific naming structure to allow us to separate the hybrids. Without that we’re in a situation with the cannabis industry, where there is no right way for naming. So routinely, we see people share cuttings, change the names of those cuttings. In fact, one of the genomic testing companies looked at samples of 39 different strains and found them to actually all be genetically identical, but they were being sold in the California market as 39 different things. And that’s the challenge, that’s the problem. So without kind of a widespread adoption of a taxonomic structure, which wouldn’t be that hard.

For example, if you cross Blue Dream with Green Crack, you might get a particular hybrid. Anyone anywhere on the planet that takes Blue Dream and Green Crack and hybridizes those two varieties together, is going to get that same end result name. But every seed that is produced from that would be a cultivar, a unique variety, because it’s a combination of DNA that’s not identical to others. And so if we can say that this is the name of a strain, this is the name of a cultivar, then all of a sudden we can kind of wade through this confusion or ambiguity that we have.

TG Branfalt: So as somebody who comes from this background where everything is has its place, if you will, in terms of name and breed. And when we were talking about you judging, what would you sort of… Do you have this thing in your brain that would help people create this database, this controlled database to prevent these broad generalizations about products, I guess?

David Kessler: Being a pragmatist, I have to assume that it’s going to be really hard to have a emerging industry, even as nascent as it is, kind of adopt a taxonomic structure this late in the game. But there is a solution. And so the solution is to look at the genomic testing, your DNA doesn’t lie like that company test all the different varieties in California. And so what we can do is say, look, a lot of people call it Purple Punch. Some people call it Purple Pixie, but it’s all genetically identical. And you can actually have strains now, genetically identified.

And so it’s that level of specificity that will remove the ambiguity of the name game in the cannabis industry. And then you still have a huge amount of variance in the phenotypic expression. So your Purple Punch, you might be a better grower than I am, and mine might not have as high a cannabinoid content. You might have a higher terpene profile, whatever that is. And so there’s still room for people’s skill sets to evolve and to be demonstrated as a superior. But what’s really at play is it eliminates the names and in favor of just a pure genetic identifier. And so even the Agrify software, Agrify insights has both a section for a name and a genomic identity as well, so that you can try and limit this kind of ambiguity.

TG Branfalt: I want to just take a step back and talk to you about your role as VP of Horticulture and Customer Success. On its face, it doesn’t really seem like the VP of horticulture the science guy would have a ton to do with customer success. And VP’s of the horticulture are not… it’s not rare in this industry. How does your role differ from others with that title, Vice President of Horticulture?

David Kessler: Absolutely. And I think what it comes down to is a lot of people that are a VP of Horticulture are focused on specifically and only the cultivation, or more likely even just ongoing operations. They have to be more of an operations manager, and produce cannabis as a commodity, as a widget. And so with that in mind, I really get to focus on helping our clients succeed. Because if they’re successful, then that means that we are going to be successful. And so I get to take my unique experiences and skill sets, and help our customers maximize the quality of their genetics. And that might not be the only thing I’m doing for sure. I’m also helping develop biosecurity procedures, and implement standard operating procedures, training new facilities coming online on best practices, or shaping the R and D at Agrify to allow us to maximize the qualities of cannabis even further.

And so, while I wear many hats, ultimately my job is to support our clients, both their current and future success. And it’s something I love. I get to do what my 18-year old self would have thought was one of the coolest things that I could have ever come up with.

TG Branfalt: When you deliver these VFUs, or you start working with a company, I’m sure there’s a learning curve. Can you tell me about what that learning curve is like, and what is the most common question you get from people who begin working with you?

David Kessler: Sure. And if we take a step back, I think that, that question, the common question is, this looks different than how a lot of cultivators are comfortable cultivating. And so even if we look at what is becoming a little bit more popular, which would be an LED and a rack style system, so people can use that vertical space, it still is even more foreign than that. And so the most common question is how do we cultivate in that? And you’ll get, or I hear a lot of concern from the growers themselves. A lot of growers that I’ve met, most in fact are somewhat competitive. They do this as a labor of love, but they also want to be good at their craft. They consider it a craft.

And so what I try and explain to them is that the Agrify technology, the VFUs while different, is ultimately just a toolbox, and we’re not trying to replace growers. This isn’t robotics and automation. We use limited automation to lower the labor, so cultivators can focus on actually improving the quality of the plant. But what I explain to them is that this is a toolbox at their disposal. This isn’t about replacing cultivators. This is about empowering them. We want to give them the tools to grow the best cannabis that they’ve ever grown, that anyone’s ever grown.

And so what we normally have to do is just kind of walk through how the cultivation process works, explain how we can utilize vertical space differently, and manipulate the plant both physically and biochemically using things like photo period adjustments in order to maximize the traits that we’re looking for. And so, while early on we get a lot of discomfort from cultivators, they generally become our biggest advocate because they love what the technology allows them to do, which is improve their craft, and show their scale, and grow great cannabis.

TG Branfalt: Additionally, I mean, this is an indoor setup, and many states require indoor cultivation. And you’re based in Massachusetts, which I’m fairly certain does. Am I correct there, that they require indoor cultivation?

David Kessler: My understanding is, yes.

TG Branfalt: So when that legalization initiative passed in 2018, and cannabis growers needed an indoor solution, did that drive interest in the product?

David Kessler: I think definitely when new markets emerge, there’s newfound interest, and people are somewhat captivated and always looking for a better mousetrap. So absolutely it drove interest. Primarily though, what we saw from the Massachusetts contingency was that with regulations centered around required vertical integration, there was a lot that they had to understand. And they also had to try and estimate what the market was going to be. Do they want to produce flower, or concentrates, or edibles, and how is the market going to respond to that? And then if you have to both cultivate, and then you also have to extract, and then you have to make your value added products, then you have to own a dispensary. There’s a lot involved in that vertical integration.

And so what Agrify wanted to do was provide cultivation expertise, and a method of growing that let clients focus on the business of cannabis as a whole, but let them rest easy, knowing that they had a lot of insight and control over the actual cultivation, and that they didn’t have the kind of key man risks of being tied to a master grower if they themselves, weren’t an expert in cultivation. And so by providing a really valuable service and also some really interesting software, like production planning algorithms that let you model different utilizations of the facility space, and different cost inputs and so forth, they could actually model what was the most appropriate or advantageous way to proceed in the Massachusetts market. And so we were really happy to help those clients find a better way of being vertically integrated in the Massachusetts market.

TG Branfalt: What’s your favorite part of the Agrify tech? Because you have this deep history with gardening in general, with growing plants. What’s the biggest appeal to you? What’s your favorite part of this stuff?

David Kessler: Well, I’ve been doing this a long time. I won’t tell you how long. But I’ve gotten a lot of experience with every facility I’ve designed, with every cultivation round or cycle that I’ve myself undertaken which is many, I have learned. And so what the Agrify technology really is, is the culmination of my wishlist. It’s that granularly controlled environments, and the ability to reproduce that. So if I get a really phenomenal result, I can get it again. There was one point I was growing a California orange strain from Amsterdam. And I swear to this day it was one of the most flavorful varietals that I’ve ever had. And while I cloned it, I was never able to reproduce those results. It was one of the biggest frustrations that I’ve had as a grower. I have the genetic, but I can’t make it do what I did once.

And so Agrify’s technology really is about controlling that environment, producing a great result, and then allowing it to be reproduced time and time again. It’s that consistency that I think is really going to drive client success and the market in the future.

TG Branfalt: What advice would you have for entrepreneurs who are not, I don’t want to say afraid of using tech, but a little averse to… they want that hands in the dirt, or that experience that relies less on technology? What would you say to those entrepreneurs who may be a little nervous about handing that aspect over to technology?

David Kessler: First, that this isn’t a replacement of human beings. Agrify takes a hands-on eyes-on approach to cultivation. The technology is there to help you. In terms of their trepidation towards adopting technology, I would say that unfortunately those that don’t adopt technology are not going to have as an easy time competing in the future. I think as new markets emerge and prices might be artificially high, everyone’s doing great at $4000 a pound wholesale. Colorado last summer experienced sub $800 per pound on the wholesale market for indoor A-grade flower. And that really changes your perspective. You can have ideals and values about not using technology until you can no longer afford to be in business.

And so I would caution them to make smart decisions to adopt technology as they’re comfortable with it, but also just to be open to it. You know, cannabis cultivation as a science is about 100 years behind every other flora culture crop Because of the fact that it was illegal for so long. And unfortunately we don’t have the benefit of all of those decades of research. So in order to compete in a modern time, I think it’s really critical that they start considering the adoption of technology, and to aggregate as point. I really believe that the technology, again, it’s about empowering those cultivators. And once they can get over the fact that the box looks different, they love it. And so I think that that’s really the key.

TG Branfalt: So I want to ask you one last question is, can companies like Agrify and others that do collect a lot of data, how can they work towards filling in this 100-year knowledge gap of cannabis cultivation?

David Kessler: Well, I think the first thing is to start collecting the data. You really need to have data to work from. But from there, you have to then figure out how to parse that data, and then how to translate that data into useful information. And that’s part of what the Agrify insights software really affords and allows, that data collection and that understanding. And so you can go back through and figure out what changed between this cycle and the next cycle in your cultivation of slurricane that got you a 17% increase in cannabinoids, or why is it that this variety for the first time ever produced terpene profiles above 4%. And you might go through and you look at the environmental data, you look at the irrigation data, you look at the light data. And you might realize that there was an anomaly, and prior to harvest the temperatures actually dropped more than they should have. And so that low period of temperatures might be connected to that increase in terpene profile.

And it’s, without those data points, without having a way to look back, you’re never going to be able to figure out where those successes came from. And so what we really value is that, that data, and then the interpretation of that data. And I think that that’s how they will be successful. Is to not just collect it, but interpret it, and then utilize their findings to further improve the process with more iterative experiments, which having instead of eight cultivation rooms, if you have 200 of our VFUs, you’re going to have a lot more ability to experiment with a lot less risk. And you’ll also have a lot easier time collecting all that data.

TG Branfalt: Now I have a lot more questions about experimentation, and we don’t have time for that. This has been really a great conversation, man. I really appreciate you taking the time. And now that I have your email address, I’ll email you when my radishes and my Ps ultimately don’t grow. But where can people find out more about Agrify? Where can people find out more about you?

David Kessler: Absolutely. You can learn more about Agrify by following us on Instagram @AgrifyCorp, or Facebook @AgrifyCorp, or Twitter @AgrifyCorp. You can also find us on LinkedIn @AgrifyCorp. And my personal email address is David.Kessler K-E-S-S-L-E-R @agrify.com. And if anyone would like to have any questions or continue a conversation that might’ve been started during this podcast, I would be thrilled.

TG Branfalt: Well, I am definitely going to be thrilled when I have you on again. And when I can ask you a lot more questions that I jotted down during this conversation that we just don’t have time for. David Kessler, Vice President of Horticulture and Customer Success for Agrify. Thank you so much for being on the podcast.

David Kessler: TG. Truly my pleasure. Thank you so much for having me. Stay safe, stay well. And I look forward to coming on again.

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

End


Cannabis, Accounting, Cost of Goods, and Taxation

Having worked with many medical marijuana growers, processors, and dispensaries in Oklahoma, it has become abundantly clear that the cannabis industry still lacks best business practices and accounting support. As I meet with business owners during my capacity as a c-suite consultant, the stress of the cannabis business is ever-present.

Many operators finished 2018 with high hopes, only to discover the tax bill that awaited them was unlike anything they anticipated! Even those who engaged bookkeepers, accountants, and other “professional” help were caught unaware. As I searched for articles to share with those in the cannabis industry, I quickly realized most were written for peers, not business owners.

This article will detail the issue of accounting, recordkeeping, and taxation for cannabis companies, primarily focusing on dispensaries. A later article will spend time on processors and growers.

The Complexity of the Issue

Basis of the Issue: Cannabis is Federally Classified

Let’s start at the beginning: the causal factor for the cannabis conundrum rests in the fact that marijuana is illegal because it is listed as a Schedule I Controlled Substance under the federal Controlled Substances Act:

Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse.

Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine (Ecstasy).

Because marijuana is still listed as a Schedule I drug, its sale is illegal at the federal level. This is the basis of the conflict for legalization, which affects accounting, which rolls into taxation, and the discrepancy between state and federal government. Cannabis business owners are caught in the grind.

Why are my Business Expenses not Tax Deductible?

Prior to the state legalization of marijuana, 280E was a largely inconsequential IRS rule. IRS 280E specifically deals with taxpayers who sell Schedule I or II drugs as a business and essentially states that the federal government does not see the business as legal and does not allow for expenses (rent, salaries, utilities, etc.). Instead, the government only allows for something called Cost of Goods Sold (COGS). Cost of Goods Sold, specifically, is the cost of what was purchased to resell (flower, edibles, etc…). For dispensaries, this is the cost you paid for the product (plus shipping, if applicable). No other costs are allowed to be used to reduce your income subject to tax.

As detailed in Table 1 below, most businesses in the US would expect to pay income taxes on the Net Income (at the bottom of the table) of $4,500.00. The Net Income is (Net Sales – Cost of Goods Sold – Expenses).

Cannabis businesses, however, ARE NOT taxed like other businesses in the US. Based on IRS 280E, they are NOT allowed to deduct any costs other than the cost of their product (Cost of Goods Sold). Therefore, cannabis businesses will be taxed on Gross Profit (Net Income – Cost of Goods) of $50,000.00! That is a major difference in tax liability that results in taxes being charged on $50,000 versus $4,500.

Business Setup – Can it Help?

There are a few ways to go about establishing (setting up) your company. It is important to know the difference between the corporate structures as well as the difference between state and federal designations.

IRS (Federal) Designations

Regarding taxation, there are essentially two types of classifications: Taxable Entities and Passthrough Entities. There are also two types of Corporations: C corporations and S corporations. For the purposes of taxation, C corporations are significant because they are legal entities that are separate and distinct from their owners.

Initially, accountants and attorneys advised cannabis clients to set up as C corporations. This was primarily due to the difference in tax rates between C corporations and other types of tax entities.

Because cannabis businesses are paying taxes on such a larger amount (Gross Profit, not Net Profit), C corporations offered some advantage. The corporate tax rate is approximately 20% (actually 21%), while the highest personal tax rate is around 37%. Below is a demonstration of the tax differences between the two methods.

Recordkeeping and Accounting

Good Recordkeeping

The breaking points in the cases that have gone to trial have largely come down to poor record-keeping. In business, if it is not documented, it did not happen! (Especially to the IRS).

From a ruling in Alterman V Commissioner, TC Memo 2018-83, the court viewed the lack of separation of separate services as an “after the fact” attempt to make one business look like two businesses. Good bookkeeping would have allotted revenue to each service, along with the expense (Cost of Goods) incurred to earn the revenue.

Good recordkeeping costs more! It may require two sets of books, two business setups, and two tax returns if the businesses are run separately. The extra costs MAY be very small compared to the benefits.

Regardless of the type of business you choose to set up, good record-keeping is paramount for audit readiness!

Job Descriptions

Vertically integrated cannabis businesses (those who own both grow and dispensary; grow and processing; or grow, processing, and dispensary operations) have some advantages over simply owning a dispensary (as will be discussed later).

However, in keeping with good record keeping, these companies need to invest the time (or money, if you would like to outsource it) to write good job descriptions. It will not be sufficient to say, “I have a person who works the dispensary, so I pay them for that. Also, they work in processing, so I pay them for that as well.” The IRS may well deem all the salary costs to the dispensary, where labor IS NOT a part of Cost of Goods therefore it doesn’t reduce the dispensary’s revenue.

Detailed job descriptions as well as documented work hours, by job or process, will be of huge benefit during an audit.

Accounting and Taxation

Proper accounting is the gateway to proper taxation. Tax preparers utilize accounting to determine taxable income. Tax preparers are charged with assimilating data into a properly filed tax return, based on the information given to them.

If COGS are incorrect from accounting, they will be incorrect on the Tax Return. For cannabis, accounting, simply stated, is a service you cannot afford to be without.

Knowing what items are allowed to be part of COGS for dispensaries is THE major hurdle to having proper and accurate accounting. Only inventory purchases and shipping for inventory to your dispensary are allowed as COGS items for Dispensaries.

Items not allowed under COGS for dispensaries include:

  • Rent
  • Salaries
  • Contract Labor
  • Storage
  • Display Cases
  • Utilities
  • Insurance
  • Professional Fees
  • Licenses and Fees

Audit and Audit Ready

The chance of a business getting audited in the US is approximately 1.5%. This number fluctuates from year to year but remains relatively stable. For marijuana business operators, the chance of an audit has been reported as high as 10 to 15 percent, according to the Cannabis Business Professionals of Oklahoma.

While getting audited can be intimidating, being properly prepared is key. If you have invested the time in choosing an accounting firm that is familiar with marijuana businesses, gives you sound advice on what you may and may not deduct, and prepares solid financials (thus, data for your tax return), you will come through the audit just fine. Again, preparation is key! Remember: of the major cases that have been tried, most noted poor bookkeeping and accounting as contributing factors to higher taxes, leading to penalties and interest costs.

Conclusion

In review, cannabis dispensaries are only allowed to deduct Cost of Goods Sold (COGS) from net revenue to determine the business’ taxable income attributable to the owners. The lack of proper classification for Cost of Goods Sold purchases (inventory and shipping of inventory to the dispensary) can lead to a massive increase in the already-high tax exposure facing cannabis dispensaries.

Remember, typical business expenses (operating expenses) are not allowed for cannabis dispensaries in regard to taxation. Cannabis businesses pay taxes on the profit left after the purchase of the product. Storage, shelving, rent, insurance, and other normal business expenses are not taken into consideration for federal (and Oklahoma state) taxation.

End


Study: Cannabis Can Reduce Severity of PTSD Symptoms

A Washington State University study suggests that cannabis reduces the severity of post-traumatic stress disorder symptoms in the short term by more than half. The study, led by WSU Assistant Professor of Psychology Carrie Cuttler, analyzed data of more than 400 people who tracked changes in their PTSD symptoms with Strainprint, an app designed to help users determine what type of medical cannabis works best for their symptoms.

The study participants used the app more than 11,000 times over a 31-month period.

The study found that cannabis reduced irritability by 67 percent, the severity of intrusions –  returning thoughts of a traumatic event – by about 62 percent, anxiety by 57 percent, and flashbacks by 51 percent.

Cuttler said the results purport that while “cannabis does reduce symptoms of PTSD acutely … it might not have longer term beneficial effects on the underlying condition.”

“Working with this model, it seems that cannabis will temporarily mask symptoms, acting as a bit of a band aid, but once the period of intoxication wears off, the symptoms can return.” – Cuttler in a statement

PTSD affects women at about twice the rate of men, with a 9.7 percent to 3.6 percent lifetime prevalence, respectively, the researchers note.

The researchers looked at a variety of variables but found no difference in the effect of cannabis with differing levels of THC and CBD, implying that the efficacy could be due to combinations of the cannabinoids along with other molecules – what’s known as the entourage effect.

“We need more studies that look at whole plant cannabis because this is what people are using much more than the synthetic cannabinoids,” Cuttler said in a press release. “It is difficult to do good placebo-controlled trials with whole plant cannabis, but they’re still really needed.” She added that a lot of people suffering from PTSD self-medicate with cannabis “but the literature on its efficacy for managing symptoms is a little sparse.”

A study published last year in the Journal of Psychopharmacology concluded that “cannabis use may contribute to reducing the association between post-traumatic stress disorder and severe depressive and suicidal states.” That study was based on data from the 2012 Canadian Community Health Survey on Mental Health.

A 2019 survey conducted by the Minnesota Department of Health found a “clinically meaningful” – 70 percent – reduction of PTSD symptoms in medical cannabis patients enrolled in the program for the condition.

In all, 26 states allow medical cannabis access for PTSD patients.

The WSU study is published in the Journal of Affective Disorders.

End


‘Cops’ Show Canceled Amid Growing Pressure for Police Reform

The show “Cops” has ended after a 25-year run on cable broadcast, Paramount Network announced this week. The network pulled the show “temporarily” last month as protests against police brutality gripped the nation but, after weeks of turmoil, the network announced it would permanently drop the show from its schedule.

“‘Cops’ is not on the Paramount Network and we don’t have any current or future plans for it to return,” a network spokesperson said on Tuesday. “Cops,” which was marketed as a nonbiased reality show, was frequently criticized for glorifying police activities and stigmatizing people of color and drug users.; the show has also been described as an accidental recruiting tool for law enforcement.

The decision to cancel comes during a backdrop of national protests against police brutality in the name of George Floyd, an unarmed Black man who was murdered by a Minneapolis police officer in broad daylight.

“This is the right move and I want to give Paramount credit for being one of the first,” said Rashad Robinson, executive director of Color of Change, a civil rights advocacy nonprofit that had pressured FOX to drop the show back in 2013.

“These cop reality shows that glorify police but will never show the deep level of police violence are not reality, they are P.R. arms for law enforcement. Law enforcement doesn’t need P.R. They need accountability in this country.” — Robinson, via the New York Times

“Cops” debuted on FOX in 1989 and ran until it was dropped by the network in 2013 under pressure from social justice advocates, only to be picked up by Spike TV — Paramount’s predecessor — a few months later.

End


Israeli Lawmakers Signal Support for Cannabis Legalization

Israel’s two parties making up the new government said in a joint statement on Tuesday that they would advance legislation “to resolve the issue of decriminalization and legalization” of cannabis, setting the stage for broad legalization in the country, the Times of Israel reports. The statement comes one week after the police minister supported the reforms.

In the statement by Prime Minister Benjamin Netanyahu’s Likud Party and Defense Minister Benny Gantz’s Blue and White Party, lawmakers said legalization would be conducted “via a responsible model that will be suited to the State of Israel and the Israeli population,” but did not elaborate.

Blue and White MK Ram Shefa and Likud MK Sharren Haskel will advance the legislation, which would allow cannabis purchases, possession, and use for people 21-and-older. Cannabis products would be sold at designated shops and there would be restrictions on advertising the products. Workers in security jobs would not be allowed to use cannabis, the report says. Some of the funds derived from sales would be used for education to explain the potential dangers of cannabis.

Responding to a High Court of Justice petition, Public Security Minister Amir Ohana said last week that it is his duty to “minimize harm as much as possible to [otherwise] law-abiding citizens who have offenses linked to the drug.” In February, Ohana – appearing in a video with legalization activist Oren Leibowitz – rallied against Israel’s “heavy-handed” enforcement of cannabis laws.

“They took law-abiding citizens and turned them to criminals. Not because they harmed another person, God forbid, but rather because they allegedly harmed themselves.” – Ohana in a February 25, 2020 video statement

The video was posted two days after Netanyahu expressed support on Twitter for the expungement of criminal records related to cannabis possession and use, saying having such records “causes unnecessary suffering to many and is a burden on the courts.”

The government has not offered a timeline for the reforms but some report that it will likely take about four months for the legislation’s approval.

End


Vireo Health Ousts Bruce Linton as Executive Chairman

Vireo Health has cut ties with Bruce Linton as executive chairman effective immediately. The company said the termination is “on an entirely without-cause basis.”

Dr. Kyle Kingsley, CEO and Founder of Vireo, indicated in a statement that the company does not expect to fill the role of executive chairman following Linton’s ouster.

“We wish Bruce well in his future endeavors. Our organization will remain focused on executing a strategy which benefits all stakeholders and developing our core medical markets of Arizona, Maryland, Minnesota, New Mexico, New York, and Pennsylvania.” – Kingsley in a statement

In a statement on Monday, Linton said he likes the company “and pushed it hard, obviously a little too hard for everyone’s enjoyment.”

Linton joined Vireo last November after being fired as CEO of Canopy Growth, the company he co-founded. Linton said he was let go by Canopy because he had fallen out of favor with the company’s directors that were installed by Constellation Brands, an alcohol distributor that owns 38.6 percent of the Canadian cannabis firm.

Last year, Linton – along with National Hemp Association Chairman Geoff Whaling – launched Collective Growth, which focuses on investment opportunities in the hemp and CBD space. The company listed on Nasdaq last month. In March, the firm filed with the U.S. Securities and Exchange Commission seeking a target capital raise of $150 million to $175 million to purchase or invest in a combination of hemp- and CBD-related businesses.

Neither Vireo nor Linton have offered further details on what led to his departure.

End


Tylor Couch: Sustainable Cannabis Packaging Solutions

We recently caught up with Tyler to ask about PolyCanna‘s driving mission, the PolyCannaZERO program, strategies the cannabis industry can use to elevate its sustainability, and more. Check out the full written interview below.


Ganjapreneur: When was PolyCanna founded and how many people do you currently employ?

Tylor Couch: I’ve been kicking this idea around for a long time now, we are officially an LLC as of August 2019. We currently work with volunteers.

What inspired the inception of PolyCanna?

I had a mold made so I could melt down recycled materials and frame artwork. I thought about the cannabis industry and how much cannabis packaging was recently recovered from the Platte River in the Denver metro area. Next thing I knew I was immersed in bioplastics and sustainability within the cannabis industry.

How do you gather used cannabis packaging with PolyCannaZERO? And have you faced any regulatory hiccups because the packaging has been in contact with cannabis?

PolyCannaZERO offers customers and patients of dispensaries a place to recycle their old cannabis packaging. Mainly dram bottles (plastic jars). We offer incentives with dispensaries for the return of dram bottles to one of our receptacle sites. People can also send them directly to us!

There is no prohibition against recycling these containers, they just need to be cleaned out before they’re recycled. With proper signage and a locked receptacle or in a locked area it is very easy to implement a recycling program in a dispensary without worry. We have spoken with the MED multiple times about this and our efforts go beyond their requirements.

How can a dispensary sign up for the PolyCannaZERO program?

A dispensary can sign up with PolyCannaZERO by email or phone on or our website PolyCanna.co. We aim to make every dispensary’s experience with PolyCanna unique as every dispensary is unique. From zoning to custom bins, PolyCanna will create a seamless transition into sustainability.

Do you use a specific technology or method to convert cannabis packaging & dram bottles into polymer?

We take the recycled material, sterilize it, and depending on the product being made, we process it through a regrinding machine and create blends of recycled materials that will never reach a landfill. We created the first 100% recycled cannabis packaging made totally from that same recycled packaging.

Where do you source the hemp polymer used in your products?

We source it locally as we are currently poised to manufacture hemp polymer in the near future.

We noticed that you sell hemp polymer in bulk, what can this material be used for?

Almost anything made from an oil-based plastic.

Can you walk us through your product development process? How long does it take to go from concept to prototype?

We design products with longevity. Take single-use plastic and turn it into multi-use plastic. In the meantime, we integrate hemp and other bioplastics. We get inspiration from the lifestyle we live and give a pathway to a better version of products and tools we use, as well as establishments we frequent.

What kinds of resources have helped you in product development? How could an entrepreneur gain access to these resources?

Network. Network. Network. If you have a righteous cause to get behind and you go at it boldly, you’ll find yourself will all the resources you need.

As for the time it takes to develop a prototype, it all depends on the product. We have gained some amazing resources in this space giving us opportunities to bring most products to prototype very quickly.

What new products do you plan to launch and when can customers expect to see them in the shop?

We are always working on new products! Right now we’re focusing on cannabis packaging and that should be available in the coming weeks! Our major aim is to reduce the waste involved in the cannabis industry.

We are also working on rolling trays, water bottles, sunglasses, snowboard/mountain bike gear, hemp clothing and bags, more disc golf discs, skateboards, guitar picks, various aerospace, vehicle, and appliance parts, basically, anything we can get our hands on that people aren’t going to throw away. Products with longevity. All made from hemp or recycled material. We’ll be releasing multiple products in the coming months.

Again the main focus right now is to find viable solutions for the single-use oil-based plastic that the industry currently has while we integrate bioplastics. The trick is finding a way for single-use plastic to never reach the ocean or landfills in the first place.

Is PolyCannaZERO a nationwide project or are you primarily focused on Colorado?

We are primarily focused on Colorado but we plan to expand into every state and country with dispensaries or facilities that dish out high volume single use plastic packaging

Do you think that the wide availability of hemp polymer could revolutionize industrial manufacturing? What would it take to get us there?

Short story. Yes, it will. It would take just that, wide availability. Because of the limited availability of hemp polymer, its not yet reached a crest where it can be appropriately integrated into industrial manufacturing, fiscally. Once it starts to be more and more produced, it will be more available at an affordable rate.

What advice do you have for someone who is interested in practicing sustainability in the cannabis industry?

My advice would be to make sure you stay focused. In this area it’s very easy to get overwhelmed and sidetracked once the single use plastic door is open. It will change the way you look at everything.

That said, If you have the opportunity to make this world a little bit better than you found it, you have the responsibility to.


Thanks, Tylor, for answering our questions! Learn more about Tylor Couch and Polycanna at Polycanna.co.

End


Feds File Lawsuit Over CBD Company’s Health Claims

The U.S. Federal Trade Commission in April filed a lawsuit against CBD company Whole Leaf Organics over the company’s claims that their products treat cancer and prevents or reduces COVID-19 risk, the New Jersey Law Journal reports. The legal action is a departure from previous enforcement methods by the agency and the Food and Drug Administration against companies that make health claims about CBD products.

On April 22, the FTC filed an administrative complaint against Whole Leaf and Marc Ching, the company’s owner. Two days later the agency petitioned the U. S. District Court, Central District of California to enter a temporary restraining order and preliminary injunction preventing Ching and his company from disseminating false or unsubstantiated advertisement claims about its products.

Specifically, regulators said the company marketed its CBD-EX, CBD-RX, and CBD-Max as able to treat cancer and that it claimed its “Thrive” products could prevent or treat COVID-19, the disease caused by the novel coronavirus.

Ching ultimately agreed to a preliminary order to stop advertising the health claims.

When enforcing federal marketing rules about the health claims of CBD products, federal regulators have typically sent warning letters to companies accused of breaking the rules. In 2017, the FDA sent warning letters to four CBD companies making claims that their products could cure cancer. In 2019, the agency sent warning letters to three internet-based CBD companies who claimed their products treated or cured some diseases. Last April, the FDA issued warnings to two companies claiming CBD could treat opioid addiction, while the FTC said at that time that they were concerned about “about the deceptive practices some marketers can, have, and will employ” amid the coronavirus crisis, the report says.

When announcing the FTC agreement with Ching, Bureau of Consumer Protection Director Andrew Smith said there is “no proof that any product will prevent or treat COVID-19 or that any CBD product will treat cancer.”

“Let’s be clear: companies making these claims can look forward to an FTC lawsuit like this one.” – Smith in a statement

Last June, the FDA held its first hearing ever on CBD as various federal agencies are seeking to align federal CBD rules with 2018’s federal legalization of hemp. While neither the FTC, FDA or Drug Enforcement Administration have codified rules, the FDA said in November 2019 that CBD “has the potential to harm” including negative effects on the metabolism of other drugs, increase risk of sedation and drowsiness when used with alcohol, changes in alertness, gastrointestinal distress, and changes in mood.

The administrative case against Ching and Whole Leaf is set for January 7, 2021. The FTC notes that it is only filing an administrative complaint “when it has ‘reason to believe’ that the named defendants are violating or are about to violate the law and it appears to the Commission that a proceeding is in the public interest.”

End


Schwazze Acquires 14 Colorado Star Buds Locations

Denver-based Schwazze, formally Medicine Man Technologies Inc., is set to acquire 14 Star Buds locations throughout Colorado in a $118 million cash and stock deal. Four of the dispensaries are located in Denver – along with a cultivation site in the city – while two are in Aurora, and one each in Commerce City, Longmont, Louisville, Niwot, Pueblo, Pueblo West, and Westminster.

The company said the 14 locations collectively earned approximately $50 million in revenue with strong earnings before interest, taxes, depreciation and amortization (EBITDA) margin. Star Buds was established in 2013 and in addition to Colorado, operates one dispensary in Baltimore, Maryland and six throughout Oklahoma.

Brian Ruden, Star Buds owner, operator, and Schwazze Board Member said Schawzze’s strategy “provides exciting opportunities for our employees, customers and the industry.”

“These transactions further Schwazze’s vision to create the most admired cannabis company in the world while remaining focused on customer experience, trusted branding, and strong profitability.” – Ruden in a statement

In April, in addition to its rebranding from Medicine Man to Schwazze, the company announced it had completed its acquisition of Mesa Organics and its Purplebee’s business – which marked the first since its entrance into the Colorado market. Mesa operates four southern Colorado dispensaries, while Purplebee’s is a cannabis extraction and manufacturing company. That deal was worth about $2.6 million in cash and $2.6 million in common stock shares.

The deal is expected to close in the third quarter of this year and the change of ownership has already been filed with state cannabis regulators.

End


Health Canada Boasts High Cannabis Industry Compliance Rate

Since federal cannabis legalization in October 2018, Health Canada has ordered 15 product recalls due to CBD and THC labeling errors for both higher and lower levels of the cannabinoids present, the Calgary Herald reports. However, Health Canada spokeswoman Tammy Jarbeau said that, generally, the industry “has a high overall compliance rate with the Cannabis Act and its regulations, and any packaging or labelling errors related to THC or CBD content have been limited relative to overall industry sales.”

“The cannabis regulations require license holders to investigate complaints received about the quality of cannabis and, if necessary, to take corrective measures. In the cases where THC or CBD content was improperly labeled, federal license holders have chosen to voluntarily recall their product.” – Jarbeau in an email to the Herald

According to the report, most of the recalls were for flower products while some were for concentrates. The report did not outline whether other products, such as edibles and topicals which were legalized for retail sales last December, had been subject to recalls.

Health Canada testing regulations allow a 15 percent variable either above or below labeled THC and CBD levels. Edible potency is capped at 10 milligrams per package.

Denver-based cannabis industry consultant Dan Rowland told the Herald that he suspected that the delay of drinkable products is likely due to companies having trouble maintaining THC and CBD levels in beverages. He added that in the early days of the industry, companies could “shop around” until they received the test results they needed; but Canada’s stringent regulations have prevented that practice.

In 2019, Health Canada suspended three cannabis licenses for various non-compliance issues unrelated to THC and CBD product labeling.

End


Proposed Federal Police Reforms Include No-Knock Raids Ban

Congressional Democrats plan to unveil legislation today that would address systemic racial discrimination by police including a ban on no-knock warrants in drugs cases, according to an Axios report. The plan comes amid global protests sparked by the killing of George Floyd by Minneapolis, Minnesota police. Protestors are also calling for justice for Breonna Taylor who was killed by Louisville, Kentucky police during a no-knock drug raid at her home on March 13.

According to a 2015 Vox analysis, law enforcement agencies conduct more than 20,000 no-knock raids per year. The practice was greenlit by the federal government in the 1970s – as the war on drugs was being ramped up in the nation and despite the law allowing no-knock raids being repealed in the 1980s, several court decisions carved out sets of circumstances that allow no-knock raids. A 2017 investigation by the New York Times found that from 2010 to 2016, at least 81 civilians and 13 officers died during SWAT-led no-knock raids, and half of the civilians killed were minorities. Additionally, of those subjected to SWAT no-knock warrants, 42 percent were Black and 12 percent were Hispanic and at least seven federal lawsuits against officers who participated in no-knock warrants have been settled for more than $1 million since 2011.

“Persistent, unchecked bias in policing and a history of lack of accountability is wreaking havoc on the black community. Cities are literally on fire with the pain and anguish wrought by the violence visited upon black and brown bodies.” – House and Senate Democrats in an email to colleagues on Friday accompanying the bill summary, via the New York Times

The reform effort is being led by Rep. Karen Bass of California, the chairwoman of the Congressional Black Caucus, Rep. Jerrold Nadler of New York, the House Judiciary Committee chairman, and Sens. Cory Booker of New Jersey and Kamala Harris of California, the only two Black Democrats in the Senate. They cited the deaths of Floyd and Taylor as the impetus behind the legislation.

In addition to ending the practice of no-knock raids, the bill would restrict “qualified immunity” which limits lawsuits over police killings, reform police training, make lynching a federal crime, and ban chokeholds by officers.

House Democrats hope to pass the measure by the end of the month.

End


Study: Certain Cannabinoid Extracts May Dampen Fatal COVID-19 Symptoms

Researchers at the University of Lethbridge’s Department of Biological Sciences and Pathway RX, a company aiming to develop cannabis therapies, suggest that certain cannabis strains show the potential to quell an immune system in the midst of a cytokine storm which occurs in some COVID-19 patients and leads to respiratory distress syndrome, the Lethbridge Herald reports.

The study is an update to the researchers’ findings published in April that found THC and CBD extracts could help prevent the coronavirus from spreading to and infecting humans.

Dr. Olga Kovalchuk, an author behind both studies, said in a press release the new research “identified three extracts that are very, very good strains” and the researchers altogether “have five strains we could formulate a clinical trial on right now.”

The specific strains identified by the researchers seem to control the immune response, working to prevent the cytokine storm while still maintaining some of the molecules needed to fight the virus. Kovalchuk says the extracts work through the endocannabinoid system, which regulates many of the body’s responses and has receptors that bind with cannabinoids.

In their initial study, the researchers did not posit cannabis extracts as a cure for the virus but suggested they might be used as an “adjunct therapy” in combating the virus’ spread. The updated research suggests that cannabis extracts could be used therapeutically in patients suffering from coronavirus-related respiratory distress syndrome.

The new study is undergoing peer review but is available as a preprint on Research Square. The team indicated that the next step for the study is a clinical trial. The researchers said they are seeking partnerships and support to conduct a proper randomized control trial to see whether the addition of these extracts diminishes the severity of COVID pneumonia and the cytokine storm.

Last week, Philadelphia, Pennsylvania-based FSD Pharma was granted permission by the Food and Drug Administration to submit an Investigational New Drug Application for a clinical trial using a synthetic cannabinoid drug called ultramicronized palmitoylethanolamide (micro PEA) to treat COVID-19. FSD Executive Co-Chairman and CEO Raza Bokhari said the cannabinoid could mitigate the cytokine storm. FSD is currently conducting a Phase 1 clinical trial in Australia.

End


Arkansas Allows Cannabis Legalization Campaign to Collect E-Signatures

The Arkansas Supreme Court has ruled that cannabis legalization activists can collect petition signatures electronically as part of their campaign to put the question to voters in November, KATV reports. The ruling comes after state officials shut down the signature-gathering process for petitions in the state amid the coronavirus pandemic.

Despite the pandemic, the group has to submit around 89,000 signatures by July 3. Arkansans for Cannabis Reform Executive Director Melissa Fults said the organization has collected about 23,000 so far, noting that they “had just gotten money to hire paid canvassers like two weeks before” the coronavirus pandemic shut down most of the country’s economy and led to stay-at-home orders.

In addition to the push to gather signatures electronically, the group is also planning a signature-gathering campaign though the mail.

“One thing we’re talking about is next week sending out a letter, we actually have a list of everyone that signed both of the marijuana initiatives in 2016, so what we’re going to try to do is send a letter with a self-addressed stamped envelope a legal-sized signature sheet to all of these people and ask them as soon as you get this, please sign it and return it.” – Fults to KATV

If approved, the measure would allow Arkansans over the age of 21 to purchase and possess cannabis and grow up to six matures and six immature plants in their home. It would also increase the number of dispensaries to 30 per congressional district, with at least one in each county. Dispensaries would be allowed to grow a minimum of 200 mature plants and 200 seedlings; currently, dispensaries are capped at a 50-plant limit.

After the program is paid for, 60 percent of cannabis-derived tax proceeds would be used to fund pre-K and after school programs, while the other 40 percent would be sent to the University of Arkansas for Medical Sciences for their budget.

In April, Montana activists sued the state in a push for electronic petition signature collection, but that effort was shot down by a Missoula District judge who said the group failed to show that its constitutional rights were infringed and that election integrity outweighs extant law’s burden on those rights, according to a Montana Free Press report.

Supporters of the Arkansas campaign can go to the organization’s website, download the special signature page, sign the petition, and mail it in.

End


California Regulators Remove Public Cannabis Business Info

Two of three California agencies have removed online databases containing cannabis business information from public view after dispensaries were ransacked during the protests over the murder of George Floyd, MJBizDaily reports. The public databases were removed by the Bureau of Cannabis Control and the state Department of Food and Agriculture.

On May 31, the California Cannabis Industry Association sent a letter to BCC Chief Lori Ajax asking her to “immediately” remove physical addresses of cannabis licensees amid the protests.

“While we are unified as an industry, a state, and a nation in overcoming social injustices through peaceful civil unrest, CCIA has learned that dozens of cannabis businesses across the state have been subjected to vandalism, looting and even violence over the past few days. Some of the attacks appear to be well coordinated break-ins taking advantage of the civil protests and unrest that are occurring in many cities across the country.” – CCIA Executive Director Lindsay Robinson in the letter

The state Department of Public Health database is still operational but contains limited information and does not currently display licensee addresses. Typically, cannabusiness information is searchable for the public and includes names, addresses, and other information for state-approved cannabis retailers, delivery services, microbusinesses, distributors, and testing labs.

Protesters throughout the U.S. and around the world have been demonstrating in response to the May 25 police killing of George Floyd, an unarmed Black man in Minneapolis, Minnesota who was being detained by several officers. Bystanders’ video recordings of Floyd’s death show him telling police “I can’t breathe” while a white police officer kneels on his neck and head for nearly nine minutes. The officer seen in the video kneeling on Floyd’s neck and three other officers present at the scene have all been fired and charged with crimes related to the murder.

End


LEAP Issues National Recommendations for Police Reform

The Law Enforcement Action Partnership (LEAP) has issued a public letter signed by more than 80 law enforcement representatives containing recommended actions for Congress, local and state authorities, and the Trump administration to enact police reforms and rebuild community trust amid the recent unrest.

LEAP, formerly known as Law Enforcement Against Prohibition, is an organization of current and former law enforcement professionals that is pushing for sensible drug policy, including cannabis legalization, and criminal justice reforms.

“Today, words are not enough,” the letter reads. “We support national action because we owe equal rights to every person, regardless of their background. We must act on our values of transparency, accountability, and safety.”

“Accountability measures that show an agency is serious about respecting the rights of all of its residents help the police as much as they help the communities we serve. There’s no better way to restore community trust. And we cannot do our jobs without trust.” — Police Major Neill Franklin (Ret.), Executive Director of LEAP, in a statement

The LEAP recommendations to Congress include steps to increase the transparency and accountability of law enforcement, including “an independent national public database recording all officers who were terminated or resigned due to misconduct.” The letter also calls for a new national standard that raises the threshold for the use of deadly force and “upholds the sanctity of human life.”

LEAP recommends that state and local authorities work toward the same goals and additionally emphasize finding alternatives to some punitive police actions: “Wherever possible, remove policing of social issues from the scope of police responsibilities,” LEAP recommends. “Promote funding of social service agencies and implement evidence-0based interventions to address substance use, mental health crisis, and homelessness.”

The letter also calls for prohibiting the use of no-knock warrants during drug searches and other police functions, “when they are not essential to protect public safety.” No-knock warrants have been consistently criticized for their tendency to result in unnecessary violence, including the March 13 fatal shooting of Breonna Taylor during a botched drug raid in Louisville, Georgia.

For the federal Executive Branch, LEAP recommends reestablishing Department of Justice pattern-or-practice investigations and returning to the Obama-era 21st Century Policing Initiative, which was launched in the wake of the 2014 unrest in Ferguson, Missouri that resulted from the police killing of Michael Brown.

Click here to read LEAP’s full letter.

The LEAP recommendations come amid widespread calls for police reforms after a week of unrest resulting from the May 25 murder of George Floyd in Minneapolis. Other organizations have similarly launched calls to action, including the #8CantWait campaign, which is a movement announced this week during a town hall with former President Barack Obama that pushes for U.S. mayors to adopt eight specific policies proven to immediately reduce incidents of police brutality and abuse of power.

End


Hawaii Whistleblower: State Allows Unsafe Cannabis Vape Cartridges

A physician and a Department of Health whistleblower are accusing Hawaii officials and some licensed cannabis businesses of putting patients’ health in danger due to a lack of proper industry controls, Hawaii News Now reports.

An HNN investigation found that many of the vape cartridges being sold in Oahu dispensaries would be banned in other states for not meeting safety standards and some patients are reporting symptoms that some doctors believe are directly linked to chemicals the Health Department doesn’t require testing for.

According to the HNN analysis, four of nine vape cartridges purchased from three Oahu dispensaries had ethanol levels exceeding 5,000 parts per million – levels that would ban the products in California, Colorado, and Washington. State regulators do not require testing for ethanol in cannabis concentrates. The products were blind-tested by a state-certified laboratory.

One cartridge was also found to contain levels of lead.

Dr. Clifton Otto, one of two board-certified cannabis physicians in the state, told HNN that “at least a third” of his patients have expressed concern over the cartridges, including burning and a “strange taste.” Otto said he brought the issue to the attention of the Health Department but never received a response.

“I see patients every day when I’m doing certifications. Patients who have stopped using these cartridges. They’re not safe for patient use. They’re not safe to be used as medicine.” – Otto in an interview with HNN

Heather Krug, a scientist in charge of Colorado’s State Marijuana Laboratory and Sciences Program, told HNN that ethanol in the 5,000 to 10,000 ppm range “can cause irritation to the eyes, lungs, nose and throat,” which are symptoms described to Otto.

In Colorado, ethanol limits for vape cartridges are set at 1,000 ppm.

One company, Aloha Green, disputed the HNN findings, providing test results that showed lower ethanol content; however, those results still showed levels in excess of 3,000 ppm. The company said they are “concerned” about the lead in the cartridge but provided a certificate from the manufacturer showing it passed heavy metal testing, and said the cartridges are the “best cartridges China makes.”

Aloha said they are working with another manufacturer on a state-of-the-art cartridge that would launch next month.

End


Oregon Monthly Cannabis Sales Reach $100M for First Time

May cannabis sales in Oregon reached $100 million for the first time since legalization in 2015 and it marks the third consecutive record-breaking month for the state’s industry, Willamette Week reports. According to the Oregon Liquor Control Commission, total sales were $103 million, which represents a 15 percent increase from April when sales topped $89 million. In March sales reached $83 million, which had been the highest single-month total recorded in the state.

The May totals are a 60 percent increase from the same month last year. The OLCC had already adjusted its industry-derived tax expectations by $9 million before the May totals. Oregon currently generates more than $100 million annually from cannabis taxes and fees.

According to a Marijuana Moment report, state budget officials have described the post-pandemic state budget as “the largest downward revision to the quarterly forecast that our office has ever had to make.” The $9 million bump from higher-than-anticipated cannabis taxes serves as a bright spot for the state’s fiscal outlook.

State budget analysts also suggested that cannabis sales would begin to trend downward by about 5 percent “due to the lower economic outlook” associated with the pandemic.

A week-to-week analysis by Willamette Week found a gradual rise in cannabis sales as the coronavirus spread through Oregon in March and the most significant sales increase occurring just before the governor declared dispensaries an essential business amid the state’s economic shutdown to combat the virus spread. Sales then regressed, suggesting the spike was related to uncertainty over the shutdown.

End


Drug Trial Planned for Synthetic Cannabinoid COVID-19 Treatment

Philadelphia, Pennsylvania-based cannabis company FSD Pharma has been granted permission by the Food and Drug Administration to submit an Investigational New Drug Application for a clinical trial using a synthetic cannabinoid drug called ultramicronized palmitoylethanolamide (micro PEA) to treat COVID-19.

The drug is believed to act as an anti-inflammatory and is currently sold in Italy and Spain as a prescription-based nutraceutical under the brand names Normast and Pelvilen. FSD acquired the rights to micro PEA from Epitech Group, an Italian pharmaceutical firm that holds the patents for the drug until 2034, the company said.

In a press release, FSD explained that between 1969 and 1979, PEA was marketed as Impulsin by a pharmaceutical manufacturer in the former Czechoslovakia to treat influenza and the common cold. During this period, clinical trials were conducted for those uses that involved nearly 4,000 patients and volunteers across six randomized, double-blind, placebo-controlled trials. The clinical trials demonstrate that PEA has clear treatment and prophylactic effects in respiratory infections, and is safe in its use, the company said.

FSD Executive Co-Chairman and CEO Raza Bokhari called the FDA approval of concept “a paradigm shift” for the company and that it contacted the FDA in late March after finding out that some Italian physicians and scientists were advocating for the drug’s use in treating COVID-19.

“Numerous studies over the past 40 years also validate the efficacy and safety of ultramicronized PEA in the treatment and prophylactic effects in respiratory infections. These studies also pointed out that the ease of application of PEA offers the possibility to have a quick therapeutic answer ready in case of a flu epidemic.” – Bokhari in a statement

FSD spent $17.5 million to purchase the rights to the drug earlier this year and rebranded it as FSD-201, according to a Philadelphia Inquirer report.

“Severe COVID-19 is characterized by an over-exuberant inflammatory response that may lead to a cytokine storm,” Bokhari said in an interview with the Inquirer. “[FSD-201] is not a virus killer. But we believe it can mitigate that immune response, which can be fatal.”

The firm is currently conducting a Phase 1 clinical trial for the drug in Australia. The FDA approval only allows the company to submit an application for U.S. trials, rather than approval to conduct them. Bokhari indicated they would seek trial approval from the FDA after the results of the Australian study.

Last month, a study published in Preprints suggested that cannabis extractions containing THC and CBD could help prevent the coronavirus from spreading to and infecting humans by lowering the production of two proteins commonly hacked by the novel coronavirus to create a new infection.

End


Illinois Allows Hemp Sales to Medical and Adult-Use Processors

Illinois has expanded its hemp market by allowing hemp producers to sell directly to adult-use and medical cannabis processors in the state. The Illinois Department of Agriculture’s Bureau of Medicinal Plants made the announcement in late March.

Under the plan, hemp can be purchased from licensed Illinois hemp farmers or any other licensed hemp farmer from around the country. The Bureau uses the traditional definition of hemp, a cannabis plant with a THC concentration of less than 0.3%. Hemp procured under the program can only be used in “extracted form” and infused cannabis products — hemp flower cannot be sold.

“We harvested over 70% of the hemp that was planted in Illinois in 2019. That increased our supply of hemp dramatically. By supply, I mean hemp that’s just sitting in barns or in storage, or that may have been processed and is now some kind of a crude oil, distillate or isolate. While we had a lot of processors licensed, I don’t think they expected the influx of hemp that we had.” — Jeff Cox, head of the Bureau for Medicinal Plants, via HempGrower.com

Cannabis cultivation centers must apply for a hemp processor license and all products made from hemp extracts must be tested for THC, THCa, CBD, and CBDa.

The new policy will benefit hemp growers and the legal medical and adult-use markets by expanding hemp sales and simultaneously freeing up cultivation space for high-demand, THC-rich cannabis plants, Cox told Hemp Grower, as farmers won’t need to dedicate as much of their canopy to growing CBD-rich strains.

“The biggest demand is for high-THC flower,” he said.

End