7-Eleven Stores to Carry CBD Products by Year’s End

Editor’s update: Since this news broke, 7-Eleven has denied having a partnership with CBD company Phoenix Tears and claims that the press release cited in the below article is false.

7-Eleven stores across the country will begin carrying CBD products by the end of 2018, CBD company Phoenix Tears announced today in a press release.

Founded in 2010, Denver, Colorado-based Phoenix Tears produces and distributes CBD tinctures, oral sprays, and other products that have been derived entirely from hemp.

According to the release, up to 4,500 7-Eleven locations should carry the products by the end of this year — that number could go as high as 7,000 different stores within the next three years. The roll-out will initially focus on Nevada, Colorado, Massachusetts, Illinois, Maryland, Florida, California, and Washington D.C.

“We are excited that 7-Eleven will bring the Phoenix Tears product line to millions of Americans who can benefit from these all-natural, safe, and market-proven health alternative products. In addition, this agreement confirms our belief that CBD’s status as a mainstream wellness option has arrived.” — Janet Rosendahl-Sweeney, Phoenix Tears’s founder, in a statement

The partnership between Phoenix Tears and 7-Eleven was facilitated by MarketHub Retail Services, a distributor who works with the convenience store giant.

“Phoenix Tears is a trusted brand that has served consumers’ wellness goals for nearly a decade. We’re delighted to introduce Phoenix Tears’ CBD products to hundreds of 7-Elevens across the country, and address the growing consumer demand for effective, safe CBD-based products that can now be easily sourced over-the-counter.” — Blake Patterson, president of MarketHub Retail Services

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Texas Health Officials Backing Off Retail CBD Confiscations, For Now

The Texas Department of State Health Services is backing off a plan – for now – to remove CBD products off retail store shelves, the Austin American-Statesman reports. The agency proposed an inspection protocol in April that would have subjected CBD products to confiscation during inspections.

Health regulators are holding off on the action while they consult with other government entities, including law enforcement, on CBD product policy.

“We’re trying to figure out our big picture. We are getting more information to try to decide on a more overarching policy.” – Lara Anton, spokeswomen for the Department of State Health Services, to the Statesman

The agency received about 1,000 comments on the proposed protocol, the bulk of which opposed the action, Anton said, and that people “wanted to be able to continue to buy CBD.” Although she indicated that the comments also made the agency aware just how many products containing CBD were being sold in the state.

“We weren’t aware of how many different products there were and how widely it was being sold. After reviewing the comments, we realized that we needed to gather more information about the use of CBD in other types of products before making any decisions on how to enforce existing laws that apply to foods, drugs and cosmetics.” – Anton to the Statesman

Texas’ medical cannabis law only allows CBD sales and only three dispensaries have been approved to sell the products.

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Class Action Lawsuit Filed Against Xzibit-Owned Vape Cartridge Company in California

A class action lawsuit against vape cartridge manufacturer Brass Knuckles has been filed in California which alleges breach of warranty, false advertising, unfair competition, misbranding, and adulteration of the THC concentrate pens, according to the Cannabis Law Report. The lawsuit also names SC Laboratories Inc. and company owner Alvin Nathaniel Jones, better known as Xzibit, as defendants.

The complaint alleges that the products are not as potent as they claim and contain high levels of pesticides.

“Defendants prominently advertise and label the Products as being ‘Lab Tested, Contaminant Free’ … when in fact they are contaminated by harmful pesticides. Defendants also prominently advertise and label the Products as being the ‘Most Potent THC Cartridge Available.’ However, the THC content of the Products is actually substantially lower than that of many competing vape cartridges. Defendants are able to charge substantially more for the Products than they would otherwise if consumers knew that the Products were contaminated with pesticides and not as potent as promised.” – Complaint text, via Cannabis Law Report

The plaintiff retained Steep Hill to test two Brass Knuckles vape pen products. The tests revealed amounts of the pesticides bifenazate, etoxazole, myclobutanil, trifloxystrobin, permethrin, bifenthrin, and carbaryl that exceed the “action level” for pesticides in California. The test also found that the products contained between 59 percent and 77.3 percent THC, while other products contained between 86 percent and 95 percent THC – rebuking the claim that Brass Knuckles is not the “most potent THC cartridge available” as claimed.

The lawsuit seeks compensatory damages, injunctive relief, disgorgement of profits, restitution, attorney’s fees and costs, and punitive damages. According to the Law Report, the case is not the first but is the highest profile class-action suit to be filed against a legal canna-business.

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Aurora Cannabis Invests $1M in Canadian Drug Delivery Company

Canadian cannabis producer Aurora Cannabis has invested $1 million in CCT Pharmaceutical Holdings, Inc, the developers of an oral dose-specific dissolving thin film wafer drug delivery technology. The investment, with a 5 percent convertible debenture, gives Aurora a 9.14 percent interest in CTT and the agreement includes issuance of warrants enabling Aurora to increase that ownership to 42.5 percent.

Aurora CEO Terry Booth said the investment reflects the company’s commitment “to science-based diversification into higher-margin drug delivery technologies for both the medical and adult consumer use markets.”

“The clinically-proven rapid onset of action of CTT’s wafers is a key differentiator that, we believe, will resonate strongly with physicians, patients and adult use consumers. This provides us with an important competitive advantage in the rapidly growing market segment for smoke-free form factors.” – Booth in a press release

Dr. Pankaj Modi, CTT CEO, said that Aurora’s investment increases the company’s “commercial and capital markets visibility.”

“We believe Aurora more than any other LP, provides the global distribution channels, regulatory affairs expertise, scale and manufacturing ability to successfully commercialize this unique technology on a global basis.” – Modi in a statement

Aurora has been busy this year as Canada moves toward federal cannabis legalization. Last week, the company announced it had come to terms to acquire cannabis producer MedReleaf in a $3.2 billion stock deal. In January, Aurora announced it had succeeded in its bid to take over CanniMed, and the company’s 800,000-square-foot Aurora Sky manufacturing facility received a cultivation license from Health Canada. In April, its wholly-owned German subsidiary became the first non-government supplier to ship medical cannabis to Italy.

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Ohio Board of Pharmacy Pushes Back MMJ Dispensary Licensing Meeting

The rollout of Ohio’s medical cannabis industry has been potentially delayed as the state Board of Pharmacy has canceled its meeting to discuss provisional licensing for dispensaries. The meeting, which was planned for today, has been moved to June 4-6.

But that’s not the only setback: According to a WLWT5 report, there are just 89 physicians in the state certified to recommend medical cannabis to patients; but applications only opened on Mar. 20. The law requires that physicians complete a two-hour continuing medical education course to participate in the program.

The law requires the program to be fully operational by Sept. 8. Earlier this week, two Franklin County courts ruled that state officials can continue moving forward with implementing the program despite lawsuits seeking to put the process on hold, WKSU reports. Six medical cannabis cultivator applicants sued the state in February claiming that regulators didn’t follow their own rules when scoring and awarding the cannabis-growing licenses. The judges ruled that while the state can proceed with the process, hearings for the complaints must be heard quickly.

Cultivation licenses could prove more lucrative if advocates are successful in their recreational cannabis ballot initiative push. Last week, the Ohio Ballot Board certified the Ohio Families for Change petition and now the campaign needs to collect enough valid signatures to put the issue to voters.

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Clear plastic garbage bags that have been stuffed with commercial-grade cannabis nugs.

U.S. Attorney for Oregon Stepping Up Enforcement to Curb Cannabis Trafficking & Diversion

U.S. Attorney for Oregon Billy Williams has announced five priority areas of enforcing federal law in the state, including what his office sees as threats to public safety and interstate trafficking, the Argus Observer reports. Williams outlined his concerns about the state’s industry in a January op-ed in the Oregonian and those concerns are reflected in his enforcement directive.

Williams’ priorities include:

  • Minors access to cannabis;
  • Cannabis violations involving firearms, violence, or other public safety threats;
  • Organized crime;
  • Protecting public lands and natural resources from damage from pesticides or extreme water use;
  • Cannabis “overproduction” which, he says, has led to trafficking out-of-state.

“Notably, since broader legalization took effect in 2015, large quantities of marijuana from Oregon have been seized in 30 states, most of which continue to prohibit marijuana.” – Williams, in a memo, via the Observer

The state Liquor Control Commission is also stepping up enforcement efforts. A February audit of the commission’s cannabis regulation and tracking systems by the Secretary of State’s Office found issues with the OLCC’s ability to monitor the program, which has allegedly allowed product diversion to persist.

Gov. Kate Brown is backing Williams’ efforts.

“Today’s announcement from U.S. Attorney Williams confirms our cooperative approach to cannabis regulation and reflects Oregonians’ priorities to keep cannabis in our state and out of the hands of children. A focus upon those breaking state law through illicit market production and trafficking only serves to bolster lawful Oregon grown businesses.” – Brown, in a statement, via the Observer

The enforcement is made possible by the revocation of the Cole Memo by Attorney General Jeff Sessions earlier this year; although local law enforcement has always had jurisdiction to prosecute bad actors.

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Micro photo of a trimmed, homegrown cannabis nug.

New Jersey Legislation Would Expand MMJ Program

New Jersey Sen. Joseph Vitale has unveiled an early draft of legislation to expand the state’s medical cannabis program which would see several conditions added to the qualifying conditions list, increase the purchase amount per 30 days, and set up employment protections for the state’s registered patients, the Press of Atlantic City reports.

What else is in the bill:

  • Any healthcare provider that is allowed to prescribe dangerous substances would be allowed to recommend medical cannabis;
  • out-of-state registered patients and caregivers would be able to possess and administer medical cannabis in the state, but they would not be allowed to make purchases at New Jersey dispensaries;
  • patients would be allowed to make purchases from any dispensary, not just the one they are registered with;
  • limits on edibles to minors would be removed;
  • the Health Department would evaluate whether there are enough dispensaries to meet patients demand, if not new permits would be issued and 15 percent of those permits would be issued to a minority, woman, or veteran-owned business;
  • dispensaries would be able to establish a medical advisory board to advise on business operations;
  • patients and caregivers could not be discriminated against when enrolling in schools, colleges, and universities, or when renting property.

The employee protections prohibit employers from taking action against patients enrolled in the program if they fail a drug test for cannabis. The employer would have to prove that the employee’s medical cannabis use impaired their ability to fulfill their duties.

The draft does not outline which conditions would be added to the regime. Last March, the state — at the behest of Gov. Phil Murphy — added anxiety, migraines, Tourette’s syndrome, chronic pain related to musculoskeletal disorders, and chronic visceral pain. The state added 1,000 new patients in the month after the new conditions were added.

Vitale’s bill is not final and has not yet been introduced.

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Mountain Range on Kaua'i island, Hawaii.

Kaua’i, Hawaii Gets First MMJ Dispensary; Brings Statewide Total to Six

Kaua’i, Hawaii has its first medical cannabis dispensary now that Green Aloha, which does business under the name Have a Heart, has passed the final state Department of Health inspections. It’s the sixth dispensary to open in Hawaii and the second for Aloha Green, which also operates a dispensary in Honolulu.

“Having a medical cannabis dispensary open on Kauai expands options for registered patients and their caregivers, providing greater access to meet medical needs. As dispensaries continue to open across the state, we remain committed to working collaboratively with the licensees to protect the safety of patients while ensuring an efficient and thorough inspection and certification process.” – Keith Ridley, chief of the Office of Health Care Assurance and medical cannabis dispensary program regulator, in a press release

Two other dispensaries have obtained Health Department licenses but have not passed the final agency inspection. Those dispensaries are expected to open their doors later this year.

Program registrants can purchase up to 4 ounces of medical cannabis during a 15-day period and 8 ounces over 30 days. Patients can also grow up to 10 plants and grow in co-ops. As of Dec. 31, 2023, the co-ops will be limited to five registered patients per site.

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Skyline photo of Salt Lake City, Utah.

Utah Lawsuit Seeks to Block MMJ Ballot Initiative

Medical cannabis opponents in Utah have filed an emergency motion to block the ballot initiative from November ballots, the Associated Press reports. The plaintiffs of the lawsuit argue that the proposal, organized by the Utah Patients Coalition, would break federal law. The lawsuit, filed by Drug Safe Utah, names Lt. Gov. Spencer Cox as the defendant; however, the coalition argues that they deserve standing in the suit because both the petitioner and defendant are opposed to the initiative, Deseret News reports.

The signatures for the medical cannabis initiative were approved in March and the plan was immediately opposed by Republican Gov. Gary Herbert, the Utah Medical Association, the Department of Public Safety, the Drug Enforcement Administration Salt Lake City Metro Narcotics Task Force, and the Church of Jesus Christ of Latter-Day Saints. Salt Lake County District Attorney Sim Gill said he would support the reforms.   

The proposal does not allow for smokeable cannabis products, instead allowing tinctures, capsules, and topicals; however, that has not stopped opponents from suggesting that, if approved, the measure would lead to recreational cannabis use.

Polls have found strong support for medical cannabis in Utah. A Utah Policy poll from December found 73 percent support, while another by the organization in September found 74 percent support. An August poll by Dan Jones & Associates commissioned by the Hinckley Institute of Politics and the Salt Lake Tribune found 78 percent support – a supermajority.

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The underside of cannabis leaves in an indoor grow site.

Medicinal Genomics youPCR Platform: Helping Growers Screen Plants for Pathogens Before They Show Visual Signs

Medicinal Genomics expanded its youPCR™ Plant Screening Platform to include three new detection assays for common cannabis plant pathogens: botrytis, fusarium, and russet mites.

The youPCR pathogen detection assays can help cannabis cultivators identify plants infected with powdery mildew, botrytis, fusarium, and russet mites before they show visual signs. Cultivators can use the youPCR platform to screen incoming clones before they are added to a grow room or test mother plants before cutting new clones. Cultivators can also use the youPCR pathogen detection assays to diagnose infected plants and determine proper treatment. These preventive strategies reduce cultivators’ risk of suffering costly pathogen outbreaks.

In addition to pathogen screening, cultivators can also use the youPCR platform to identify males and determine plant type. Most cannabis plants can be classified into four groups based on their cannabinoids profiles:

  • Type I (THCA-dominant)
  • Type II (THCA:CBDA hybrid)
  • Type III (CBDA dominant
  • Type IV  (CBG-dominant).

The youPCR CBDA and THCA detection assays can detect whether the THCA synthase gene and/or the CBDA synthase gene is present in a plant. Different combinations of results on the respective tests will indicate the plant type.

How youPCR Works

A 4mm punch of a cannabis leaf is all that is needed to screen for plant pathogens and/or genetic traits. The leaf punch is added to a lysis solution that releases DNA from the plant cells when it is heated. That DNA is then transferred into a well containing a pink solution that contains primers, which look for a specific DNA sequence. If the target sequence is present, the solution will turn yellow, indicating a positive result.

Who uses youPCR?

Cannabis testing labs can use the youPCR platform to offer additional testing services to customers. Cultivators who have basic laboratory experience can also use the youPCR platform to test plants on-site at the grow facility.  

Sign up for the May 23rd youPCR webinar

Learn all about screening plants for pathogens (powdery mildew, russet mites, botrytis) and genetic traits (CBD synthase, THC synthase, Gender) at free webinar “Screening Cannabis Plants for Pathogens and Genetic Traits”, May 23. Medicinal Genomics Chief Science Officer Kevin McKernan will explain how The youPCR™ Plant Screening Platform can be used to protect grows from costly pathogens, accelerate breeding programs, and reduce operational costs.

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New York City Mayor Directs Police to Stop Cannabis-Smoking Arrests

New York City Mayor Bill de Blasio has told the city’s top police officials to stop arresting people for smoking cannabis and, instead, issue citations, CNN reports. The directive comes about a week after the New York Times published an investigative report which found that black people were arrested for low-level cannabis charges at eight times the rate of their white counterparts over the last three years; while Hispanic people were arrested at five times the rate of white people.

The investigation also found that police made more arrests in black neighborhoods when people called them for cannabis-smoking complaints than in white neighborhoods. The report has forced the New York City Police Department to convene a working group to evaluate its cannabis enforcement policies and procedures. The working group is expected to present its finding and recommendations to the mayor within 30 days.

“The working group is reviewing possession and public smoking of marijuana to ensure enforcement is consistent with the values of fairness and trust, while also promoting public safety and addressing community concerns.” – NYPD Deputy Commissioner of Public Information Phil Walzak, to CNN

Manhattan District Attorney Cy Vance announced his office will stop prosecuting cannabis possession and smoking cases on Aug, 1.

“The dual mission of the Manhattan DA’s office is a safer New York and a more equal justice system. The ongoing arrest and criminal prosecution of predominantly black and brown New Yorkers for smoking marijuana serves neither of these goals.” – Vance, during a press conference, via CNN

Brooklyn District Attorney Eric Gonzalez has said that his office threw out twice the number of cannabis-smoking cases over the last three months and plans to stop prosecuting even more of them.

Individuals who are given a summons in New York are neither arrested nor fingerprinted unless they fail to show identification.

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Michigan Prohibitionists Would Support Legalization if Passed by Legislature

A Michigan anti-cannabis legalization group has indicated that they would be open to cannabis legalization if the reforms were passed by the Legislature, the Detroit Free Press reports. The Committee to Keep Pot out of Neighborhoods and Schools has conceded that legalization “will be a reality” in the state but hopes legislative action will create a more regulated market that the ballot initiative.   

“This committee was initially formed to defeat the recreational ballot proposal, but now we believe that the Legislature should amend and adopt the initiative before it’s too late. Regardless of our feelings on the issue, the question now is how to regulate and control recreational marijuana.” – Mark Fisk, a spokesman for the committee, to the Free Press

Fisk said he would like the recreational industry to mirror the state’s medical program; however, the 2016 changes to the medical cannabis program approved by the Legislature have led to dispensary closures and a delayed rollout of the new licensing regime.

GOP lawmakers have floated the idea of tying legalization to a bill to cut the state’s income tax. Both Michigan Republicans and Democrats have reportedly been cool on this plan. Josh Hovey, spokesman for the Coalition to Regulate Marijuana Like Alcohol – the group behind the ballot initiative – said that they were fine with the Legislature passing the reforms so long as they are “passed one way or another.”

If the Legislature does not pass legalization legislation, the Committee to Keep Pot out of Neighborhoods and Schools will actively oppose the November ballot initiative. A May 15 Michigan State University Institute for Public Policy and Social Research poll found 61 percent support for cannabis legalization in the state, with 34 percent opposed and 5 percent undecided.

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Zimbabwe MMJ Licensing Plans on Hold Due to ‘Crazy’ Estimates

Zimbabwe is backing off medical cannabis cultivation licensing plans after receiving wildly varied estimates from the 350 applicants interested in the program, the South African reports. Deputy Finance Minister Terrence Mukupe said that too many of the applications offered far different estimates for how much land would be required to grow cannabis and how much money could be made from the plots.

“We’ve had a Dutch investor who told us he needed just 60 hectares, where he expected to make $100 to $200 million annually. Then we have someone else claiming they would make the same profit but with 10,000 hectares of land. There’s too much of a difference.” – Mukupe to the South African

Last month, Zimbabwe became the second African nation to legalize medical cannabis cultivation for both medical and research purposes. The government announced that they would issue industry licenses to Zimbabwe citizens and residents or companies that were incorporated in the nation.

“What has to be done on our side as government is probably to have a proper feasibility study and have experts telling us what’s actually the truth. When you go over the 350 applications the difference in numbers and what they are talking about; it’s crazy.” – Mukupe to News24

Mukupe did not offer a timeline for when licensing would re-commence.

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Creating Pro-Forma Financial Statements for Your Cannabis Business

Part of being an entrepreneur is having to wear many hats. As a business owner, you’re also the head of HR, chief marketing officer, and – for better or worse – the head accountant. Many business owners find accounting and preparing financial statements one of the most difficult and confusing parts of running a company. And, when you’re running a cannabis business, financial accounting can reach a whole new level of complicated.

However, mastering your financial reports is one of the key skills to surviving in California’s competitive cannabis industry. One way to make your venture stand out from the competition? Pro-forma financial statements. This reporting tool is integral to proving your business has what it takes to be successful long-term. Show off the very best side of your cannabis business using pro-forma reporting: here’s how.  

What are pro-forma financial statements?

In the accounting world, financial results are reported in compliance with two broad accounting standards: generally accepted accounting principles (GAAP) and pro-forma. These statements offer investors a better understanding of the operating efficiency and economic health of a company. While the data is the same on both statements, pro-forma differs from GAAP in the way the financial charges are presented. Pro-forma financial statements are designed to “draw focus” to specific figures in a company’s earnings report, usually to indicate a major change in the company’s operations (like an acquisition or a merger). Sometimes, companies use pro-forma statements to make their financial results appear better than they really are. Pro-forma figures can depart dramatically from GAAP statements to paint a rosy picture of a company’s financial health.

Pro-forma vs. GAAP statements

There’s a very big difference between pro-forma statements and GAAP statements. Pro-forma earnings’ statements include “estimates,” hypothetical amounts built into the earnings’ results that depict what a bottom line might look like if certain non-recurring items were excluded from the balance sheet. For example, if your company purchased a major piece of equipment for a one-time cost of $100,000, you might leave that expense out of your pro-forma statement to give a more “accurate” picture of your long-term financial health. Many companies leave out these one-time expenses because they do not have extended (negative) impact on a company’s overall valuation.

The difficulty in comparing pro-forma statements with GAAP statements is that it is up to the company’s discretion which expenses get included or left out of the pro-forma statement. GAAP is considered the “official” profitability statement, as every liability and income stream is accounted for on a GAAP financial statement. There are no universal guidelines that a business must adhere to when producing a pro-forma statement.

How to build pro-forma financial statements

Cannabis businesses typically have higher startup costs. Therefore, a pro-forma statement may be more attractive if you’re trying to demonstrate the long-term viability of your venture to an investor. How do you make a pro-forma statement?

Start with your current income statement and try to project into the future. What are the biggest line items that you’ve spent money on recently? Are these recurring expenses, or one-time costs? Typical one-time expenses a cannabis company might be able to take off a pro-forma statement include real estate, permits and licensing fees, and, if you’re a cultivator or manufacturer, equipment. Separate your recurring expenses from these one-time expenditures to give a clear picture of what your long-term operating costs will look like.

Ideally, pro-forma statements are prepared at the end of the year. This gives you a clear picture of what your final sales will be. Much like projecting reductions in your expenses, you can project increases in your revenue. What will your business do differently to increase sales? Will you have new promotions, a change in pricing, or will you reach new customers? These factors can all help inform your pro-forma sales projections.

Other specific items considered in building your pro-forma financial statements include:

  • Goodwill or intangibles such as trade names, customer and/or vendor relationships, and technology
  • In-process research and development assets
  • Effects of additional financing
  • Planned or probable disposals, such as an underperforming segment
  • Effects of major new distribution, cost-sharing, or management agreements
  • New recurring transactions
  • Unusual or non-recurring events or transactions
  • Effects of changes in tax rates

What to include in pro-forma financial statements

Many cannabis businesses are new businesses, and entrepreneurs within this industry operate many different types of ventures. Cultivators, retailers, manufacturers, and distributors all have very different expenditures and income sources. So what should you include on your pro-forma statement?

The short answer is that this depends on the type of pro-forma financial statement you are issuing. Here are the types of pro-forma financial statements you might use.

  • Full-year pro-forma projection. If you are an existing cannabis company that has been in operation for a year or more, then consider using a full-year pro-forma projection. This statement offers a projection of a company’s year-to-date results, as well as expected end-of-year results.
  • Investment pro forma projection. If you are a new cannabis company trying to attract investment, this is a good way to show your viability. Use this type of pro-forma projection to show investors how their cash infusion can help grow your business.
  • Historical with acquisition. If you’re an existing cannabis company merging with another existing cannabis business under one license, use this statement. This is a backward-looking projection of a business’s results in one or more prior years. It will include the results of the other business you are purchasing. Many companies use this statement to show how a prospective merger would have “altered” the financial results of the purchasing business. These can also be used for roll-up mergers, such as when a private equity firm buys up companies in the same market and merges them together into a larger entity that is better positioned to enjoy economies of scale.
  • Disposition. If you are an existing cannabis company disposing of a significant portion of your business, such as an unprofitable part of the business, consider showing your financials as if that part of the business was already excluded.  Many companies use this statement when it is probable that a portion of the business will be disposed by sale, abandonment, or distribution to shareholders.
  • Risk analysis. Any cannabis business can use a pro-forma risk analysis for both internal and external planning. These statements reflect best-case and worst-case scenarios for a business. In conjunction with your business plan, try to predict how different decisions will have long-term financial impact on your cannabis company.

Other circumstances where you might want pro-forma financial statements include:

  • New or modified contracts, such that historical financials are no longer indicative of future performance
  • Changes in debt or capitalization
  • Changes in tax status, such as converting a subchapter S corporation or partnership into a C-corporation
  • Change in control of business
  • Application of push-down accounting with revalued assets and liabilities

Pro-forma financial statements are particularly useful to cannabis companies looking to show their potential for success to outside investors, as well as benchmark their own growth. Pro-forma financial statements decrease the impact of major one-time expenditures, essentially smoothing over liabilities that can seem prohibitively expensive on traditional GAAP statements.

Whether just starting out in the cannabis industry or taking your company to the next level, pro-forma financial statements can help clarify your business’s financial health.

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A tall, CBD-rich cannabis plant stands up in an outdoor field.

California Bureau of Cannabis Control Proposes Extension of Emergency Cannabis Regulations

The California Bureau of Cannabis Control has proposed the state readopt and extend the current, emergency cannabis industry regulations. Previous regulations called for the merging of the medical cannabis industry (MCRSA) and adult-use industry (AUMA) into what’s now known as MAUCRSA, governed by the Bureau of Cannabis Control.

As part of the current regulations, applicants have had to apply for both adult and medical use licenses, Type A and Type M, respectively.

A licensee can hold both an M- and A- license of the same type at one location as long as the following criteria are met:

(1) The licensee holds both an A-license and an M-license for the identical type of commercial cannabis activity;
(2) The licensee who holds both licenses is identical in name, business formation, and ownership;
(3) The licensee only conducts one type of commercial cannabis activity on the premises;
(4) All cannabis and cannabis products are clearly marked with an “A” or “M”; and
(5)Records are kept separately for each license and clearly indicate that the records are related to the A-license or the M-license.

Section 5029 of the emergency regulations states:

(b) Notwithstanding any other law, or regulation in this division, beginning January 1, 2018 and before July 1, 2018 licensees may do all of the following:
(1) Licensees may conduct business with other licensees irrespective of the M or A designation on their licenses.

What’s changed?

The BCC has issued an extension of the expiring emergency regulations it issued before for another 180 days, with the following changes affecting adult-use and medicinal licenses:

  • Applicants may complete one license application and request an A-designation, an M-designation, or both for the license.
  • Regardless of designation requested, applicants will pay one license fee.
  • Licensees may engage in commercial cannabis activities with any licensee regardless of designation.

Summary

  • The first draft of emergency regs released in late 2017 is still in effect for the next 180 days.
  • During these 180 days all licensees can keep on conducting business like they are (ie. temporary medical licensees and temporary recreational licensees) which was supposed to cease July 1.
  • They are proposing amendments now to the first draft of regs for clarification purposes. There is a 5-day comment period. Per bulletin: “The public comment period will begin when the California Office of Administrative Law (OAL) posts the proposed emergency regulations on its website and will last 5 calendar days. The posting may not occur before May 25, 2018, to allow for the 5 working day notice to the public that the licensing authorities provided today. “

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Ohio State Capitol Building in Columbus, Ohio.

Ohio Ballot Board Certifies Rec. Cannabis Ballot Initiative

The Ohio Ballot Board has certified the ballot initiative to legalize cannabis for recreational use in the state, the Dayton Daily News reports. The group behind the initiative, Ohio Families for Change, now must collect 305,591 valid signatures from 44 of the state’s 88 counties – and, within each county, the group must collect enough signatures equal to 5 percent of the total votes cast for governor.

This is the eighth cannabis legalization proposal approved by the Ballot Board in five years and just the 2015 effort by ResponsibleOhio made it to the ballot. That measure was rejected by voters, partly because of pro-cannabis activist opposition to language that would have given campaign investors a monopoly on sales.

The Ohio Families for Change constitutional amendment proposal:

  • Allows adults 21-and-older to possess, grow, use, sell, and share cannabis;
  • Has residency requirements for businesses;
  • Allows landlords and employers to prohibit cannabis-related activities;
  • Does not change the state’s already approved – but not yet implemented – medical cannabis program;
  • Allows the General Assembly to write laws governing impairment, public use, and restrictions for minors.

Medical cannabis sales are expected to begin in Ohio on Sept. 8. Officials are still writing rules, reviewing applications, and inspecting operations for the industry, which was approved by Gov. John Kasich in 2015.

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The U.S. Capitol Building in Washington D.C., photographed at dusk.

House Committee Approves Amendment Protecting MMJ Programs

The House Appropriations Committee has passed the so-called Joyce Amendment, which restricts Department of Justice funding for prosecuting state-approved medical cannabis programs. The passage marks the first time the committee has addressed the issue, and the first time such an amendment has passed through regular order in the committee.

“Today marks a victory for medical marijuana programs and a loss for Attorney General Jeff Sessions. Passage of this amendment through regular order in the appropriations committee represents another big step in the normalization of state level marijuana reform in the Congress of the United States.” – NORML Political Director Justin Strekal in a press release

The amendment was blocked last year by Rules Committee Chairman Pete Sessions, a Republican and cannabis prohibitionist. The amendment was offered by David Joyce, a Republican from Ohio.

State-approved medical cannabis programs have been protected from federal interference via an amendment in annual spending bills. That amendment, known as the Rohrabacher-Blumenauer amendment, does not allow federal funds to be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

NORML estimates that there are more than 2 million medical cannabis patients in the United States.

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A collection of medical cannabis clones inside of a commercial grow facility.

Pennsylvania Health Department Restricts Access to MMJ Application Scorer Info

The Pennsylvania Department of Health has restricted public access to information about who scored applications for the state’s medical cannabis industry as part of a batch of temporary regulations, according to a PennLive report. The law already bars applicants from obtaining the names of the scorers, but not the general public or journalists.

The Office of Open Records has ruled that the Health Department must disclose the names of the application scorers but the department appealed that decision and the matter is still pending. Yesterday, the Commonwealth Court ordered the department and PennLive to file briefs addressing what effect the new regulations could have. PennLive made its initial records request in May 2017.

“The Department of Health does not have authority to enact regulations that nullify the Right-to-Know Law. Only the General Assembly has authority to declare what is and what is not a public record. This case would establish a dangerous precedent that would allow agencies to make any information non-public simply by enacting a regulation.” – Joshua Bonn, an attorney for PennLive, in the report

The Health Department argues that keeping the names secret safeguards scorers from outside pressure and threats to their safety. The department also argued that reporters could, eventually, become medical canna-business applicants and then be privy to the names of the reviewers.

End


$100 dollar bills fanned out on a flag surface.

Cannabis Market Research Firm BDS Analytics Raises $3.5M

Cannabis market research firm BDS Analytics has raised $3.5 million in Series B funding led by CanopyVentures and Altitude Investment Management. Roy Bingham, BDS Analytics founder and CEO, said the funding put the company in “a very strong position to execute the national expansion” of their GreenEdge software.

GreenEdge, a sales tracking software, allows BDS “to generate actionable insights pulled from dispensary point-of-sale system and closely study the behaviors and psychographics of cannabis users through its Consumer Insights Group.” Bingham said it would allow the CIG services to be available to a “much broader client base.”

“BDS Analytics graduated from our affiliated accelerator, CanopyBoulder, in 2015 and has since done an exceptional job positioning itself as a go-to source for industry data on market trends, brand development and consumer insights.” –  Micah Tapman, managing director of CanopyVentures, in a press release

“We are very impressed with the management team. Based on extensive experience in other industries, BDS Analytics has developed proprietary software and services that provide its clients with really useful data and insights. Its value is reflected in the rapid growth and diversification of the BDS Analytics client base.” – John Brecker, partner of Altitude Investment Management, LLC, in a statement

The round also included follow-on investments from existing investors and from the Panther Opportunity Fund.  

End


Adult-Use Cannabis Bill Introduced in Rhode Island

Adult-use cannabis legislation has been introduced in Rhode Island. The bill would create a taxed and regulated market, imposing a 10 percent excise tax on top of state and local sales taxes and allowing localities to tack on another 3 percent. The bill allows adults to possess 1 ounce of flower in public; 5 ounces in their home; as well as construct, use, and purchase cannabis products containing up to 300 milligrams of THC.

The bill allows for just one mature plant and one immature plant, which would require “cannabis tags” issued by the Department of Business Regulation. The bill does not specify whether the tags would carry a fee. Public smoking would carry a $150 fine, there is no social use provision.

The bill calls for at least 25 cultivator, 20 processor, 40 retailer, and 10 testing facility licenses. Cultivators would pay a $20,000 annual fee, while all other business types would pay $10,000.

The first $3 million after implementation and regulation expenses would be disbursed to Rhode Island police to establish a stoned-driving protocol. Additional funds would go to state police for training (15 percent); the Department of Behavioral Healthcare, Developmental Disabilities for substance abuse programs (15 percent); public education campaigns (15 percent); and to the state general fund (55 percent).

Expungement language for low-level cannabis crimes is included in the measure.

The measure was introduced by Democratic state Sen. Joshua Miller. It is currently in the chamber’s Judiciary Committee.

End


New York City Comptroller: N.Y. Legal Cannabis $3.6B Market

In an interview with CNBC, New York City Comptroller Scott Stringer estimated that New York state would see $435.7 million per year from adult-use cannabis tax revenues; while New York City would net about $336 million.

“This is a new revenue stream. This is going to impact the kinds of resources we’ll have to invest in education, to invest in healthcare.” – Stringer, on “Power Lunch”

All said, Stringer outlined a $3.1 billion market. Stringer said there are 15.1 million adults living in New York state, with 6.5 million of them residing in NYC. He estimates that between 8 and 10 percent use cannabis recreationally – about 1.5 million users throughout the state, or 548,000 people in the city, the report said. Stringer suggested that cannabis consumer would spend about $2,080 per year on cannabis.

Are the tides turning in the Empire State? The state Democrats plan to add cannabis legalization to their platform at their upcoming convention. Gov. Andrew Cuomo, the de facto head of the party and longtime legalization opponent, has appeared to soften on his position, conceding last month that “it’s going to be [in New York] anyway.” His likely primary challenger, actress and activist Cynthia Nixon, is all-in on supporting legalization. At least one potential Republican candidate, former Erie County executive Joel Giambra, has pitched legalization tax revenues as a way to address the state’s infrastructure problems.

A February Sienna College poll found 56 percent of New York voters support cannabis legalization.

End


A crop of mature, healthy medical cannabis plants inside of a licensed Washington cultivation facility.

Canopy Rivers Offering $1M Seed Capital to June ‘Pitch Day’ Winners

Canopy Rivers is hosting a “pitch day” for Canadian cannabis entrepreneurs ahead of federal legalization as part of the “Micro Cannabis, Macro Impact” program that will see the company provide $1 million in seed capital to burgeoning canna-businesses.

Prospective companies should intend to or should be in the process of applying for a Health Canada micro-license under the Canadian legalization proposal. Selected applicants will make their pitch in front of a panel of Canopy Rivers representatives and other industry professionals during the June 25 International Business Conference in Vancouver, British Columbia. Applications close on June 7.

Micro-licenses include: micro-growers, micro-processors, nurseries, hemp, research, and testing. It does not include large-scale cultivators.

“The cannabis sector’s investment prospects are no longer exclusively tied to medical cannabis cultivation at scale, and innovative businesses are emerging. We are excited to help foster growth and innovation by supporting startup cannabis entrepreneurs.” – Canopy Rivers Executive Vice President and Head of Business Development Daniel Pearlstein, in a press release

Winning pitches will have the opportunity to work with Canopy Growth Corp.

Editor’s note: A previous version of this article contained a statement indicating Canopy Growth Corp. was affiliated with CanopyBoulder in Colorado, which is incorrect and the piece has been edited accordingly.

End


A long, straight street in Malta's capital city of Valleta.

Canada’s Maricann to Acquire Malta’s Medican Holdings in Stock and Cash Deal

Maricann Group Inc. has agreed to acquire Medican Holdings Ltd, whose subsidiary Medican Research Group is one of six companies that has received a medical cannabis license in the Republic of Malta. The cash-and-stock deal is worth $10.1 million, comprised of $7.6 million in common shares at no less than $2.35, and $2.5 million in cash.

Once the deal is complete, Maricann will have the ability to import, extract, manufacture finished products, and distribute medical cannabis within Malta and the European Union. Maricann already has a presence in Germany.

“Malta possesses key talent who are trained in finished dose manufacturing, and has an existing base of pharmaceutical production that we will expect to engage as we move forward. We also plan to import [active pharmaceutical ingredients] from our Haxxon operation in Switzerland, providing multiple sources of product to ensure robust product supply.” – Maricann CEO Ben Ward in a press release

The company plans to import raw materials and whole plant extracts from Canada to Malta doe commercial production of distillates. The distillates will be used to manufacture finished products for Maricann’s VesiSorb drug delivery technology, which includes water-soluble powder, topicals, sprays and tinctures, drinks, and capsules.

End


Doug Esposito: Business Insurance for the Cannabis Industry

Doug Esposito is the Cannabis Practice Leader for Owen-Dunn Insurance Services, a Sacramento-based shared partners brokerage.

In the following interview, Doug joins our podcast host TG Branfalt to talk about insurance options for the cannabis industry as it continues to take root and grow into the mainstream. We hear from Doug what typical cannabis industry insurance options might look like, what hurdles cannabis companies can expect to face in the pursuit of smart insurance coverage, what insurance carriers and brokers can and can’t do to help alleviate some of those issues, and more!

Tune into the interview through the player below, or keep scrolling down for a full transcript of this week’s Ganjapreneur.com podcast episode.


Listen to the podcast:


Read the transcript:

TG Branfalt: Hey there. I’m your host, TG Branfalt, and you’re 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 Doug Esposito. He’s the cannabis practice leader at Sacramento, California based, Owen-Dunn Insurance Services, which is a part of a shared partners, which operates in 30 states. How you doing this afternoon, Doug?

Doug Esposito: I’m well, Tim. Thank you. Thank you very much for having me.

TG Branfalt: I’m really delighted. I mean, you’re the second person who deals with these insurance issues that I’ve had on the show, and I really want to get into the dirty details of this aspect of it that’s overlooked in these conversations. But before we do that, I want to get to know you, man. What’s your background and how’d you end up covering the cannabis space?

Doug Esposito: No, great question. I’ve really been in insurance for about 20 years, and started really on the construction and the energy side, writing contractors, and performance guarantees. Then, literally about three years ago, a key CPA friend of mine said a lot of compliance was coming to California, and, “Would you look at the insurance aspect so we can put together a high performance team and add an attorney to the trifecta, if you will?”

It was really from that impetus that I started researching the space, and it was at that time, it was interesting, where Lloyd’s of London wrote the lion’s share of the policies in cannabis, and they were literally just leaving the marketplace. There was this void, and I just happened to connect at a dinner with someone who had been writing cannabis insurance for over 10 years, which is like forever in insurance terms.

He was changing his model to wholesale and he said, “I can absolutely love a good broker. I’ll teach you everything that I know from the 10 years of insurance” and put a business plan together, pitched my company on it, and they said, “Go do it. We like it.”

TG Branfalt: So you really learned from somebody who … I mean, 10 years in the cannabis industry is a lifetime.

Doug Esposito: Yeah. No, without a doubt. I mean, and that was pretty key, too, because you still have to read a policy and you have to be a technical expert, but the ability to sit down with this gentleman and really go through, really getting into, “Hey, what are they doing? What are their exposures? How is that different from regular ag versus construction versus manufacturing?” So, he really catapulted me from an industry knowledge standpoint, without a doubt.

TG Branfalt: So when did Owen-Dunn take the plunge into offering insurance for the cannabis space?

Doug Esposito: Insurance is pretty entrepreneurial. You start working with the clients and then you find niches, and so really back in 2008 or so, we actually wrote several dispensaries. More than 5, less than 10, in the Sacramento area, but they all got shut down by the feds.

You kind of migrated away from cannabis, so we wrote every other type of insurance really in the marketplace, so it wasn’t until 2015 where I really connected with my CPA, and then we started to really go after, “Hey, what are the markets? Who’s writing it? What do we need to know? Who do we need to get connected to?” Associations, et cetera. So, really, I kind of consider it three years of really diving in at a deep level.

TG Branfalt: After the setback that you had mentioned in Sacramento where they started shutting down the dispensaries, why’d you get back into it? Why did you decide to take on this task of leading the division?

Doug Esposito: You know, it was a little bit personal. I love the underdog, and I had a cousin who had been a grower for 30 years from Colorado, and I always knew what he was doing, and I’ve seen what he did, but never really paid any attention to it. But once I had heard of the oppression and how it was so restricted and even back from the paper industry, how the whole demonizing of cannabis started, it just really appealed to me to fight for the underdog, to see really creative people, cool, grounded, down to Earth people, but also to kick up a little dust, too, and bring some ignorant people into the light just by some education.

When I started to really learn about the industry, man, I was just blown away and excited to be able to be really on the front edge of helping them come into the light, if you will, from a legal standpoint, compliance, insurance, and so insurance is a key piece of every other business. And it will be for the cannabis space, as well. It’s just we’re starting off slow but sure.

TG Branfalt: How challenging was it for you in the beginning and as the industry’s evolved, especially in California?

Doug Esposito: There’s just very few markets that will play in this space. I mean, so if you think about one, it’s illegal federally, but then two, insurance companies aren’t avant-garde. I mean, they’re not serious entrepreneurs that are jumping, leaping before they really look at what the consequences are. They’re serious, data driven, they’re looking at large numbers, and when you look at the federal illegality of it, you look at there’s not a lot of data because everything’s been in the dark.

It’s not like you have loss information for worker’s comp, or there were no claims. I mean, there wasn’t anything to do, and so very challenging, trying to get carriers to come into the space. Then you add banking, it’s like so how are you going to pay for that insurance policy? Well, I mean, Tim, think about it, how do they pay their payroll? In cash. How do they pay their taxes? In cash.

It’s one of those things where we really had to look at all the various aspects of it, and it makes it incredibly challenging, and then you add the technical aspect of how these policies are written, where they have more exclusions and more restrictions than anything else in the marketplace, because of the nature of the psychoactive effect of the THC. It’s kind of like a trifecta. It’s a perfect storm, if you will, to use that analogy.

TG Branfalt: Let’s get into it a bit here. What are some of the common insurance issues in the cannabis industry? What’s covered? What isn’t covered?

Doug Esposito: Yeah, good question. There’s really coverage, and I was literally on a panel for the Department of Insurance back in October. Someone actually said on that panel that there weren’t coverages for a lot of the risks, and it’s not true. Now, we don’t have a lot of carriers, but we can cover virtually everything, except for outdoor crop property coverage.

We’ve got general liability, we’ve product liability, we have property. Even your indoor crop coverage, your harvested plan, your inventory. We’ve got workers comp, we’ve got auto insurance, we’ve got employment practice liability insurance for labor law, that’s huge in California. The auto coverage, there’s auto coverage, there’s directors and officers coverage.

There’s virtually everything, but you have less options. You have less options, you have greater expense. They’re going to charge more for it, and you’re going to have restricted terms, and it’s just a matter of really looking at, “Hey, well what’s out there? What are their true risks? Can they live with this policy, with these exclusions?” It’s tricky, and from an errors and omissions standpoint, as an insurance broker, being licensed, I tell brokers, “If you’re going to play in this space, you really better be full time and be really precise and reviewing everything,” because it’s definitely not like selling tomatoes and writing insurance for a tomato company, or a metal manufacturing company.

TG Branfalt: So a lot of those things that you had mentioned, I’m familiar with, and if I’m familiar with insurance things, they’re pretty typical. When somebody comes to you, a new business owner say, and they’re looking for insurance, what are some of the not so common things that they might not think about in the first conversations with you?

Doug Esposito: They really don’t realize that the property coverage can be covered. Meaning, you have all of this cannabis, and let’s just say it’s a grow, and now it’s harvested. I mean, we can really insure those very large values, while it’s indoors, from theft, from fire, and just really let ’em know that. I think that the second biggest thing they don’t realize is that they really need worker’s comp.

In the industry for so long, everybody would work on a handshake, or they would get paid cash and there was no above the table, it was all under the table. But to truly then bring worker’s comp into play, all of these 1099s that they use really just don’t hold up when you look at labor law. Now, that might be a tax play for them, but when it comes to labor law and worker’s comp, I really express to them that 99 probably out of 100 times, those people are going to be actual employees.

So, legally, statutorily, they need to cover worker’s comp, and it’s a huge exposure if they don’t. Those would be two of the key ones. Also, too, when you think of general liability, it’s a little different because in every other business, your general liability has what we call slip and fall coverage. If someone comes into the grow, let’s say a dispensary owner, and they slip and fall on water, whatever it might be, that’s where a general liability policy would step in and defend that claim and potentially pay.

In the regular industries, product liability is always coupled, so that you really have those two buckets of money. You’ve got the general aggregate, and the product completed operations, or product liability. In cannabis, they are never the same. Meaning, they’re completely excluding product liability. In the requirements, in the regulations, they always talk about general liability, and no one’s really thinking about the fact that, well, that’s carving out product liability.

Because if you get a cannabis quote and there’s only three or four markets that will quote product liability in the cannabis space, to really cover the flower, the vape oil, whatever it may be, they’re going to exclude product liability, so you need to get a completely separate policy, often times with a whole different carrier, that’s going to cover the product completed operations/product liability, in the event that flower, that vape pen, causes bodily injury or property damage to the person enjoying the pen, or the flower.

That’s a really different game changer in the cannabis world, and so we’ve literally had to train our teams. When you review cannabis, it’s a very different filter when they’re looking at a contractor. I mean, it’s just night and day.

TG Branfalt: Are people who, your team, when they go through their training to become an insurance broker, I’m sure cannabis isn’t mentioned, so how much of a learning curve are they facing, and how much time are you having to put in with this team?

Doug Esposito: Substantial. We make a joke, when you get licensed. I mean, you really don’t learn the details to be a really effective risk manager, or insurance broker, just from licensing. I mean, there’s just no way a licensing body can do enough. So, they really give you just enough army to get out into the streets.

It’s really just niche. I mean, so we sit down when we go through the applications, we started with just one key account manager, one key assistant, and we walk ’em through the entire account. The applications are extremely thorough and long. One of the basic ones in the industry is probably an 18 page application.

TG Branfalt: Oh, wow.

Doug Esposito: It’s crazy, but it does cover virtually every niche in the industry, from an indoor grow, outdoor grow, manufacturing, edibles, extraction. All of those things. You don’t have to fill out all of ’em, but very detailed, and then really just walking through and just changing their filter a little bit, where, “Hey, well product completed operations excluded. Yes, that’s okay, we’re going to pick the coverage up over here.” And, “Well, this is excluded.” “Well, right. There is no coverage for that.”

Or, “Hey, there’s a sublimit here and they’re not going to write this type of auto but we can get it here.” It’s really piecing together the best in the marketplace, ’cause no one carrier is doing it all. We’ll get there, but we’re still pretty early.

TG Branfalt: And then before we take a break, I want to ask you why are you not able to insure the property that an outdoor grow’s located on, but you can the indoor grow?

Doug Esposito: Well, ’cause mostly the outdoor crop program is a federally backed program. So, that right there lies the problem. As long as the feds consider cannabis to be a Schedule 1, and illegal, we won’t have outdoor crop coverage, is a good blanket statement. But because insurance is actually governed state by state, once we bring that in and if it’s not something from the feds, the state can actually monitor and regulate the insurance properly from the Department of Insurance for each of the individual states.

So, once we bring it indoors, it has nothing to do with the feds, we just have one or two carriers that say, “Hey, we’ll underwrite this. If there’s a fire, here’s the limits. If the plant’s at this stage, or if it’s flowering, or if it’s been harvested, we can assign different values to it” and those becomes your limits in the event of a full loss or a fire. But that’s where the whole outdoor crop isn’t available, and then you probably heard of the Santa Rosa fires which were huge and devastating in Northern California, and that’s where that conversation just came up time and time again.

It’s like, you harvest that outdoors and you bring it indoors, and you give me sprinklers and a vault, and we get updated electrical, and we can underwrite it.

TG Branfalt: Wow. That’s really interesting. We’ve got to take a break. When we come back, we’re going to talk more about the risks, get into some more of these details. It’s the Ganjapreneur.com podcast with TG Branfalt.


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TG Branfalt: Hey welcome back. It’s the Ganjapreneur.com podcast. I’m your host, TG Branfalt, here with Doug Esposito, cannabis practice leader at Owen-Dunn Insurance Services, which is part of a shared partners. Before the break, you were telling me some really interesting stuff, and some real nuances of your specialty. What are some of the typical risks for cannabis companies, and what steps can cannabis businesses take to manage those risks?

Doug Esposito: If you look at cannabis, it really, for the most part, is virtually like any other business. I mean, you have property exposure. Whether it’s your indoor lights and your HVAC system and your hydration feeding system. Or, it’s the general liability of slip and fall, or the product liability. You have employees in there working every day, so there’s a worker’s comp exposure. You’ve got delivery of your product, whether it’s going from the farmer to the manufacturer, and your distribution, or you’re going to the dispensary.

You really have all that basic stuff, and really the insurance out there is solid. The general liability, the property, the worker’s comp. Auto is one of those places, though, where I mean there is one market out there, and it is extremely difficult, and expensive to get auto liability coverage. It gets even worse when you look at that new class of business where Tim, I don’t know if you’re familiar with them, but they call it non-storefront retail, i.e. which is delivery from business to consumer.

You’re sitting at home and you pull up the web app, Weed Maps, and you say, “Hey, this is the dispensary I want, this is the product,” they have your information, boom. The person drives out and delivers you whatever you ordered. The auto for that is really, really difficult. But it’s like fill out the applications and let’s look at price everything out. See what the insurance costs for every aspect of the business, and then just do a cost/benefit analysis.

I mean, if it’s obscenely priced and you feel it’s that way, and it’s not mandated like worker’s comp or some licenses need general liability, you could go bare. But I mean, just realize, insurance really acts as an asset, and because these cannabis companies can’t bank, they’re not really bankable for the most part. Some are, maybe 10%, but they can’t … If there’s a fire and everything burns down and they lose their manufacturing equipment and their lighting, and their inventory and all that, they can’t just go get a loan.

They really are shut down unless they can get other investors, and so I even think they should rely on the insurance, even to a greater degree, because it’s this asset that’s sitting there, and if you think about it, though, it’s an asset you don’t want to use. I mean, think of your personal auto policy. If you get into a lot of fender benders, what’s going to happen to your premium?

TG Branfalt: It’s going up.

Doug Esposito: Yeah, for sure. It’s going up. Same thing, so you want this thing to help you keep from closing your doors. It’s something you can draw down on, but if you don’t need it, don’t use it. I mean, that way, the price stays a little bit more static, and you use it for a rainy day. It’s finding a good broker and really take the time to look through it, and look at the exclusions.

I mean, it’s fraught, because the old days of just doing it on a handshake and letting somebody just come into your warehouse and do some extraction are over. Because we’ve got contractual liability, we’ve got now, you’ve got the licensing and the permitting and the tax. I mean, it is a full fledged, out in the open, cross your Ts, dot your Is, and if you’re not willing to do that, you need to go work for someone else.

TG Branfalt: So how has the legalization of cannabis in California affected the insurance industry? Like, how has it been forced to evolve? Has it ran like a cockroach when you turn the light on? What’s happened?

Doug Esposito: I think when it went, I mean, because it’s been legally … It’s been legal, excuse me, medicinally, for gosh, I don’t know, over 20 years in California. But there were still no structure to that legality. It was still in that gray zone, and really think about trying to run a business when you don’t have concrete rules. It’s difficult.

When do you know to expand? How do you develop predictability? The legalization of really also adding one, more of our structure, and the regulations, but adding adult use, has now been exponential. You look at California, what are we, the sixth or the seventh largest economy in the world? And now you open medicinal and adult use cannabis, and you’re looking at millions and billions of dollars that are coming into this space rapidly.

The carriers are no dummies. I mean, they’re slow to move, but they see the money. I was speaking at a California Cannabis Industry Association last year, their policy conference. And literally I was posed that question, “How do you get more insurance carriers involved?” I said, “It’s really simple. Three words. Buy more insurance.” The crowd starts laughing because they thought I was being self-serving, but I’m like, “No guys. It’s economics.”

It’s like, we get more licensed cannabis companies, you buy more insurance, the premium dollars are there. We can really tell these other carriers, “Hey, it’s worth the time and the energy to learn this space, to go against the feds, and at least to get comfortable in the state on, “Hey, this is exactly what the risk is. Let’s try and get as much data as we can for it.” Collect a premium that you think’s going to be sufficient, and keep evolving.

But the legalization, especially of adult use, has really accelerated things, too. I mean, you’re seeing huge investment opportunities, where money’s just flying in left and right. Which is kind of nerveracking in some ways, but very good in others. The insurance industry is just one of the ones that’s going to have to jump in and move quicker, and really learn all of the subtleties and the nuances.

Because there’s no turning back. I mean, it’s here. I just spent a lot of time with our state fund who is the statutory place of last resort for worker’s comp in California, and we were on the phone for probably an hour and a half with their top people really walking through a complex risk and helping them get comfortable with it, so they can get it. And once they get comfortable with it, they’re like, “Okay, well, this is what our rating is? Let’s see how it works out and we’ll adjust it in time.”

But yeah, it’s been very exciting. Challenging as well, because they’re still working on their emergency regs, and the bar has been moved left, right, higher, lower. It’s an interesting time, for sure.

TG Branfalt: Since legalization has come online, have you seen an increase of carriers that are willing to serve the space?

Doug Esposito: Yes, without a doubt. And we’re talking to carriers all the time. I was at an event where it really was put on by the Surplus Lines Association, which is just one of the bodies or the associations that’s really active in insurance. Especially if it’s a non-standard type of insurance. Very much like construction, very much like cannabis.

And they see it. Everybody sees it. Everybody has a story of someone in their family who’s either used CBD or something, and it’s helped them with either cancer, or some disease. And you just have more of those now coming out and so the carriers are like, “Hey, this isn’t the ’60s. It’s not the devil’s weed. It’s a real product, it has real potential.” Can’t wait to get more data on it.

And the carriers like our Dave Jones, commissioner Dave Jones was able to pull some strings and get one of the first admitted companies in California to start writing policies. It’s just one of those good steps where now the first step is in other admitted carriers that have more structure, they can’t change the policies as quickly so they’re more conservative, are starting to come in. We’ve got a couple of worker’s comp carriers now that are knocking on the door, so little by little, I keep saying it, but it’ll never be harder than it’s been this last year, from a coverage standpoint, for insurance.

TG Branfalt: Interesting. Is there any difference between insuring operators that are only in California versus insuring these companies that might have stake in Arizona? There’s a couple of companies, I know that they operate under different LLCs, add the name of the state or whatever, but is there any sort of difference in just the California companies versus the ones who have stakes in other states?

Doug Esposito: There’s a lot of complexity to that, too, because especially in California. California is doing it where they’re allowing the locality, the county, to really set the standard, and the rules. And then the state layers on top of that. If you can’t get your local permits and conditional use licenses, well then you can’t get your state one. That brings complexity in and of itself, but because of the illegal nature of cannabis from a federal standpoint, you’ve got no interstate commerce.

So you can’t transport flower legally from one state to the other, so each of these entities, if they’re in multiple states, they really have to have completely self-sustaining business operations that are bifurcated and really separate. Now, the cool part is that the insurance carriers really are multi-state carriers, so they can write you in the multiple states. So, from an insurance standpoint, it’s not a huge issue. It’s just a matter of really keeping up with what the local rules and regs are, so that our insurance is at least diverse enough to cover what those requirements are.

But yeah, the interstate commerce piece is going to be really interesting if the feds ever loosen up the Schedule 1 on cannabis.

TG Branfalt: Do you get a package discount for the multi-state?

Doug Esposito: Possibly. A good rule of thumb is the more premium dollars we have, the more flexibility we can negotiate. If you’re in multiple states, I’m pretty sure we can probably squeeze a nickel or two, but we’re also looking at some pretty cost effective things, too, where we have one client that does track and trace software. And we’re really trying to negotiate with some carriers to say, “Hey, if you use their track and trace, I now have a safer risk. The auto exposure is safer, the theft is safer. Hey, could we get 5 or 10 points of credit on that one?”

Stay tuned on that one, we’re right in the middle of jamming through, and if I could throw a plug out, I’ll throw a plug for them later.

TG Branfalt: Dig it, man. We’re going to take a break. When we come back, I want to talk to you about some of the conceptions that people might have who operate in the industry about the cannabis space. We’ve got to take a break. This is Ganjapreneur.com podcast with TG Branfalt.


At Ganjapreneur, we have heard from dozens of cannabis business owners who have encountered the issue of cannabias, which is when a mainstream business, whether a landlord, bank, or some other provider of vital business services refuses to do businesses with them, simply because of their association with cannabis. We have even heard stories of businesses being unable to provide health and life insurance for their employees because the insurance providers were too afraid to work with them.

We believe that this fear is totally unreasonable, and that cannabis business owners deserve access to the same services and resources that other businesses are afforded, that they should be able to hire consultation to help them follow the letter of the law in their business endeavors, and that they should be able to provide employee benefits without needing to compromise on the quality of coverage they can offer. This is why we created the Ganjapreneur.com business service directory, a resource for cannabis professionals to find and connect with service providers who are cannabis friendly, and who are actively seeking cannabis industry clients.

If you are considering hiring a business consultant, lawyer, accountant, web designer, or any other ancillary service for your business, go to Ganjapreneur.com/businesses to browse hundreds of agencies, firms, and organizations who support cannabis legalization, and who want to help you grow your business. With so many options to choose from in each service category, you will be able to browse company profiles and do research on multiple companies in advance, so you can find the provider who is the best fit for your particular need. Our business service directory is intended to be a useful and well-maintained resource, which is why we individually vet each listing that is submitted.

If you are a business service provider who wants to work with cannabis clients, you may be a good fit for our service directory. Go to Ganjapreneur.com/businesses to create your profile and start connecting with cannabis entrepreneurs today.


TG Branfalt: Hey there, welcome back to the Ganjapreneur.com podcast. I’m your host, TG Branfalt, here with Doug Esposito, super smart guy. Cannabis practice leader at Sacramento, California based Owen-Dunn Insurances Services, which is a part of a shared partners. This has really been really engaging conversation about insurance, so I appreciate that, my man.

Doug Esposito: Totally.

TG Branfalt: What are some of the misconceptions that the insurance industry operators have about the cannabis industry in general? There’s some people who are operating in this industry from an insurance side, who might not still even understand what’s going on. Tell me about these misconceptions that you’re seeing.

Doug Esposito: You know, I think this is just the broader picture, too. It’s like what’s society’s misconceptions? I think it’s that old stereotype of the stoners. It’s like this is a product now that just doesn’t need to be smoked and like a Cheech & Chong style thing where you’re coming out of the hotbox and everybody’s just loaded.

I mean, yes, there’s that, but then there’s also the whole medicinal side, and it just covers the whole gambit. I think that as they see that these are real business owners, working really hard, putting all their sweat equity into the business, taking it serious and wanting to do everything straight up and legal, and to be proud of it.

Like, to be able to go to a Chamber of Commerce event, and what do they call that, TG? When you actually sponsor a table, you know? And really be a part of the community. I think as they see more and more of this, it’s a real industry, it’s got real growth potential. It could be bigger than the corn industry. I mean, it’s really exciting to see these industry insurance broker …

Excuse me, not insurance brokers, but the insurance carriers come in and start to really take notice. That’s the biggest thing, I think.

TG Branfalt: So what about the brokers operating? ‘Cause it’s still a nascent industry. What are you seeing them get wrong as they’re writing in policies for this industry?

Doug Esposito: I think the biggest thing is people are trying to, they think it’s going to be quick and easy and fast money. I don’t think they realize the technical nature, and the difficulty of writing in the cannabis space from an insurance standpoint. That’s why I just really implore, there’s some very good brokers out there. I’ve got some colleagues that I respect very much so, that are like on the insurance committee with me for the California Cannabis Industry Association, and they’re doing it the right way.

I mean, you look at any profession, if they take the time to really learn the clients’ business, exactly what they’re doing, how they’re doing it, and then really read the policies, not just to quote and slap some paper up there and get paid, but really read where the coverages and the exclusions are, it’s not rocket science. It just takes a lot of time, effort, commitment, and that’s what I’m seeing.

When I talk to other brokers, I mean, there’s plenty of room for a lot of success in this space, for sure. But do not be a part timer. I mean, really, if you’re going to commit to it, commit to it, and you better become an expert in cannabis, or I think you’re going to have some issues and some exposures, and your clients might come right back at you from an E&O standpoint, ’cause you didn’t do your job well.

TG Branfalt: And you had mentioned that you’re on the NCIA insurance committee. What’s the hot topic in that committee? What are you guys focused on right now?

Doug Esposito: I would say education is a huge piece. Tim, we really are looking at to try and educate the marketplace, the industry as a whole, that, “Hey, there are coverages out there. The coverages are legit, just go find ’em. Don’t settle for something else.” The education is a big part, and then trying to get more carriers to the place.

I mean, having one auto market is just very difficult. I mean, think about it. Do you want only one choice of beer if you go to the grocery store?

TG Branfalt: I don’t want one choice of insurance company.

Doug Esposito: Yeah, for sure. I mean, I definitely don’t. I mean, and we need that, too, though, because if I have multiple choices, well then I can work on pricing, I can work on terms, and coverages and all those things. We’re really working on expand the absolute number of carriers in the space per line of coverage, and then the education. Again, I mean, I can’t say that enough.

And then a third thing, too, if I may, is really how to bring best practices from a risk management standpoint, like from agriculture with recall policies and procedures, and quality control and quality assurance policies and procedures, and all of those things that the rest of the industry’s been doing for years, how to really bring those to cannabis and do it fast and effectively.

Because I mean right now, you’re seeing a lot more business acumen come into the space. I mean, the old adage of, “Hey, I’m just a farmer, I want to grow great weed,” they’re not really cutting the mustard as much, because compliance and getting licenses is so challenging. They’ve really got to have a business side, and so you’re going to see more and more business people.

I hope the business people come in and they team up with great artisan growers or extraction experts, et cetera. Because I think that’s a great marriage, but yeah, we’ve got our work cut out for it, but man, it’s pretty fun.

TG Branfalt: Man, you’ve mentioned auto like three or four times. Are the auto insurers just assuming that the people driving these trucks are stoned? Like, why is it so tough to get auto insurance in this space?

Doug Esposito: That’s a great question. They might, but we definitely let them know that obviously as a worker’s comp expert, you have to be able to do your job safely. And obviously if you’re high, it’s going to impact your reactions, et cetera. But I think there’s a couple of things. If you look at the country as a whole, the auto market, from an auto liability standpoint, I mean, the rates have been going up for several years, and that auto market has lost money from an underwriting standpoint for the last six or seven years in a row.

It’s not just that it’s cannabis. It’s the whole auto market is hardening. You’ve got greater distracted driving, you’ve got cars that are now designed to crumple, and they’re going to save someone’s life, but you’ve got a total where the whole car is done. That increases the cost, and then every time you have an auto claim, hey that turns right back into a worker’s comp claim.

So, when you look at those two or three things and then you look at, “Well holy cow, we can’t even test for the appropriate amount of cannabis in someone’s blood” and what that will actually do to their reactions like alcohol, so you add that to the mix, and the auto carriers are just like, “Yeah, I’m out. We’re going to just sit and wait,” and they’re just going to sit and wait until more controls are in place, until they probably step in.

It’s a really difficult place to get coverage, and if you ask me, I think that’s one of the greatest exposures, because you’ve got a small delivery company and your driver is distracted for whatever reason, and he plows into a car full of four people, pick the ages of the people, the parents, their earning potential. I mean, you can just have massive losses coming from the auto exposure, much more quickly than from someone getting sick off a flower or something like that. You look at those variables, man, and the auto, it’s just a really challenging spot.

TG Branfalt: Man, I mean, this has been a super, one of the most like in-depth conversations that I’ve had on this topic. Absolutely, you’re a fountain of knowledge. It’s really, really cool to have you on. What’s your advice for both entrepreneurs, people looking to enter the cannabis space who now have this insurance question, and secondly, what’s your advice for people like yourself, people who operate in the insurance industry, that are entrepreneurs?

Doug Esposito: Okay. How much time we have left? No, I’m just kidding. For the entrepreneurs, I’ve been asked this a couple of times as well, though. It’s kind of like, “Hey, treat this like any other business.” There’s this euphoric utopia of the green rush, where people just want to throw money and they think it’s going to be a cannabis business that takes off and makes multiples, but do what you do when you invest in a regular company.

Who’s the leadership? What is the skillset of the leadership? What is that executive team? What do they look like? What’s the business plan look like? At the end of the day, I mean, I don’t care what business you’re in, it comes down to the people that you can hire. So, find the most talented people you can, put them in the right positions, give them the resources and the support they need, and let ’em go to work.

I think that’s universal for any industry, but even more so, especially with cannabis, ’cause for some reason, people are just so excited and they’re throwing money against the wall like poop and waiting for it to stick. That’s not a great business model, at least, or investment model in my opinion.

Second question, for insurance people who are getting in the space, yeah, hey listen, if you like the space and you’re passionate about the space, and you like the people, go to the events, become an expert. I go to all the cannabis business expos. I’m very active in the associations, and I’m in three different associations. I’m in it, submerged, all the time. You learn a little bit every day.

Read the policies. So many brokers out there truly don’t know what’s in any of their policies, let alone really reading the details, ’cause it takes time. It takes energy. But be a professional, be a consummate professional, or it’ll turn around and probably bite you on the backside.

TG Branfalt: Where can people find out more about you? Where can they get in touch with Owen-Dunn? Plug it up, man.

Doug Esposito: Yeah, no sure. I’m based out of Sacramento, but we do work definitely all over California, but I also have clients across the country. But best way to reach me would be just by email. Douge@owendunn.com. Am I allowed to do that?

TG Branfalt: Absolutely.

Doug Esposito: Yeah, so D-o-u-g, last initial, e, @, o-w-e-n-d-u-n-n.com. We’ll take care of you the best we can. We’ll point you in the right direction. I think also part of being an expert is being surrounded by top CPAs, top attorneys, top consultants on all the compliance and the safety. We’ve got a great network of people that we can utilize to make sure we’re providing value at the highest level.

TG Branfalt: I mean, you’ve provided a lot of very high-level advice on this show, man. I really, really appreciate it and you’re a hell of a talker. You might have a second career as a podcast host.

Doug Esposito: Hey Tim, I super appreciate the opportunity, man. I really appreciate it. I look forward to connecting with you person.

TG Branfalt: Yeah, for sure. We’ll be in touch. 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.

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