$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.

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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.

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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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New York City Mayor and Prosecutors Planning Cannabis Enforcement Reforms

New York City Mayor Bill de Blasio has given the Police Department 30 days to come up with a plan to end “unnecessary arrests” for cannabis, and city officials – including prosecutors – are working on broad plans to reform how to handle low-level cannabis crimes, the New York Times reports. However, the changes will likely create a patchwork of laws throughout the five boroughs and won’t put an end to stop-and-frisk policies that usually lead to cannabis possession tickets or arrests.

Two NYC district attorneys have already laid out their plans: Manhattan District Attorney Cyrus R. Vance Jr. said his office will stop prosecuting cannabis possession and smoking arrests this summer; he gave the NYPD the same deadline to make their pitch for still charging some people for those low-level crimes.

Brooklyn District Attorney Eric Gonzalez indicated they had thrown out twice the number of cannabis-smoking cases over the last three months and plan to stop prosecuting even more of them.

Police Commissioner James P. O’Neill has conceded that at least some of the cannabis-related arrests “have no impact on public safety.” He plans on convening a working group to review cannabis-enforcement tactics.

A New York Times investigation published on Sunday 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. Hispanic people were arrested at five times the rate of white people. The investigation found that police also made more arrests in black neighborhoods when people called them for cannabis-smoking complaints.

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Poll: Majority of Georgians Support Rec. Cannabis Legalization

According to an 11Alive News poll conducted by Survey USA, 55 percent of Georgians believe cannabis should be legalized for recreational use in the state. Thirty-five percent of respondent said cannabis should remain outlawed, with 10 percent unsure.

An 11Alive poll in 2016 found 48 percent supported legalization, with 38 percent opposed.

Despite the citizen support for broad reforms, Georgia still has the most limited medical cannabis program in the nation. The state does not allow physicians to recommend medical cannabis, instead allows program registrants to possess up to 20 fluid ounces of low-THC oil. The state also provides no legal way to produce or purchase the products in-state. Earlier this month, Gov. Nathan Deal signed legislation adding post-traumatic stress disorder and intractable pain to the program, but lawmakers failed to pass any broad expansion to the regime.

A cannabis legalization measure is pending in the Senate. That bill, which carries no Republican sponsors, is in the Senate Health and Human Services committee. Sen. Curt Thompson, the bill sponsor, estimates a legal cannabis industry in Georgia could bring in $340 million a year in tax revenues. Thompson has also introduced legislation to implement a comprehensive medical cannabis regime.

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Outside of the New York Stock Exchange on Wall Street in New York City.

Canada’s Canopy Growth Applies for NYSE Listing

Canopy Growth Corp. – Canada’s largest cannabis company – has applied to list on the New York Stock Exchange, Bloomberg News reports. If approved, it would become the first cannabis producer to trade on the exchange.

CEO Bruce Linton said he planned to list on the Nasdaq earlier this year but that he pulled back to finalize the deal with Constellation Brands, Inc. Constellation, the U.S. distributor of Corona beer and Svedka vodka, agreed to acquire a 9.9 percent stake in Canopy for about $191 million. He said choosing the NYSE over the Nasdaq adds more credibility to the company.

“Ultimately one of them is on Wall Street and has a bit more history and cache, and the neighbors on it are pretty substantive companies. … One of the primary drivers of this listing is, as we are expanding globally, having U.S. institutional investors helps. I think the investment community has to drop the pot jokes and talk about the investment grade opportunity.” – Linton to Bloomberg

The company currently trades on the Toronto Stock Exchange under the symbol WEED. Linton said the company expects to list on the NYSE under the CGC symbol before the end of the month.

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Nighttime view of the New Orleans skyline.

Passed-Over MMJ Dispensary Sues Louisiana Board of Pharmacy

A lawsuit by a would-be medical cannabis dispensary could delay sales in New Orleans, Louisiana. According to a WVUE report, RX Greenhouse has sued the state Board of Pharmacy over their decision to give the city contract to H&W Drug Store, which was ranked fourth – RX Greenhouse was ranked first.

H&W has been in business in New Orleans for 50 years while the owner of RX Greenhouse is based in Maryland. The lawsuit contends that the Pharmacy Board “improperly issued a medical marijuana license” to an “unqualified” license holder. They claim that the decision does not just effect RX Greenhouse but also the medical cannabis patients of New Orleans. The suit seeks to have the decision vacated.

There are just 10 medical cannabis dispensary licenses for the entire state. Alex Onstott, attorney for RX Greenhouse, said the city should restart the application process.

“It doesn’t pass the smell test. We need to know if you have a rationality for doing this. We don’t see one, and if there wasn’t, then that decision should be vacated.” – Onstott to WVUE

Medical cannabis sales are expected to commence in fall 2018. Smokable products are not allowed under Louisiana‘s state regime. Patients with cancer, HIV/AIDS, multiple sclerosis, muscular dystrophy, Crohn’s disease, cachexia, and epilepsy are able to register for medical cannabis use.

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New York Dems Plan to Pass Resolution Supporting Cannabis Legalization

The New York State Democratic Party plans to pass a resolution at its May 23-24 convention to support cannabis legalization, according to a draft of the documents obtained by the New York Post. The document indicates the party wants to highlight the reforms during the convention.

Cuomo, the de facto leader of the New York Democrats, has only recently appeared to soften on his cannabis position after years of calling it a gateway drug. Last month, during a campaign stop in Brooklyn, he admitted that “the situation has changed dramatically” on legal cannabis.

“You have states that have legalized it now…. It is no longer a question of legal or illegal. It’s legal in Massachusetts. It may be legal in New Jersey. Which means for all intents and purposes it’s going to be here anyway.” – Cuomo, Apr. 15 in Brooklyn, via the New York Post

Cuomo’s primary challenger, former “Sex and the City” actress Cynthia Nixon, published a Facebook video four days before Cuomo’s comments in Brooklyn, supporting cannabis legalization as a means to reaching some social justice equity.

“In 2018, in a blue state like New York, marijuana shouldn’t even be an issue. If there was more political courage coming out of Albany we would have done this already. The simple truth is: for white people the use of marijuana has effectively been legal for a long time. Isn’t it time we legalize it for everyone else?” – Nixon in the Apr. 11 video

A Democratic Party insider told the Post that Cuomo “is OK” with adding legalization to the party agenda for approval.

New York lawmakers are expected to release a Cuomo-backed cannabis legalization implementation report sometime before the end of the year.

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1,500 Attend New England Cannabis Convention’s Inaugural Vermont Show

About 1,500 attended the New England Cannabis Convention’s inaugural show in South Burlington, Vermont, meeting the expectations of organizers and setting the stage for an event next year – when cannabis use and possession will be legal for adults in the state.

“The hype is real,” said Eli Harrington, co-founder of Heady Vermont and one of the event organizers, Saturday on the show floor. Harrington, who also led the panel discussions over two days, noted the event’s variety of attendees – shirts, ties, camo, and flannel – and called the event “hugely important” for the state’s existing hemp producers.

“Everyone has a chance to showcase in a more conventional tradeshow space,” he remarked as the afternoon crowd bustled behind him. “This is phase one – hemp and legal CBD – and phase two is everyone getting ramped up for July 1 and ready to grow.”

Harrington, and his Heady Vermont partner Monica Donovan, laid the groundwork for the convention two years ago – in the meantime organizing a Hemp Fest last September and a series of hemp and CBD farmer’s markets throughout the state – and eyed a relationship with NECANN, who have successfully held conventions in, now, six markets.

Organizer Marc Shephard stands behind the NECANN inaugural Vermont show’s ticket booth.

NECANN CEO and co-founder Marc Shepard called the turnout “fantastic,” noting that vendor space had long been sold out. He compared the interest from the public and vendors as to that of their maiden Massachusetts and Rhode Island shows.

“We try to create a locally-focused conference and one of the main goals is to get that critical mass in a room,” Shepard said between ticket sales. “When we can do an event like this … you get the people on the outside saying ‘this is an industry convention – just like an auto show – this is real business’ and it just helps push toward normalization.”

He called the Vermont show unique because of the state’s already strong hemp and CBD industry; while the Maine shows have more of a homegrow focus and Rhode Island a more medical cannabis focus because “that’s what’s legal right now.

“All of these events are very catered toward each state’s current situation,” he said, “but we can do this event in any state that has, at least, a medical program and get that critical mass.”

While hemp and CBD dominated the show floor, ancillary businesses took the opportunity to stake their claim. Jesse Harper, owner of Vermont Security Systems, said that while he had “a little” hesitation about exhibiting at a cannabis-centric event, he wants to be “ahead of the curve” and position themselves as “the providerfor the state’s cannabis industry. He anticipates he will serve between 50 and 100 canna-business clients within the next two years but admits that “no one really knows” how many businesses will operate in the state’s industry right now because it’s unclear when the legislature will implement a tax-and-regulate regime.

“As a small business we get to pick and choose who we want to do business with – that’s one of the joys of small business ownership,” he said, “and we get along really well with our cannabis clients.”

Hemp plant on display from Humble Roots Horticulture.

Harper said the energy at the convention was “much higher” and “really positive” compared to more traditional home shows.

“People are absolutely here looking for something, there is excitement about what’s next,” he said.

Rob Smith, who with his Maine-based company Atlas Plant Trainer exhibited at the first NECANN in his home state, explained that the inaugural Vermont show was “smaller” and “more hemp-focused” than other shows; noting that he had tried to get a both for the show a month ago but booth space was sold out. He hoped that next year the event would be held in a larger hall in order to provide more booth opportunities because being an exhibitor at the shows are “absolutely critical” to his company’s growth.

“These [cannabis] conventions are a great place for consumers, growers, and enthusiasts to see all sorts of different products and learn from all sorts of different people,” said Smith, the CEO and co-founder.

Will Read, founder of Vermont-based brand development firm CannaPlanners, has attended NECANN shows in Rhode Island, Maine, and Massachusetts and called the Mother’s Day weekend show on-par with Maine’s show. He said that while he, obviously, attends the shows to sell his products and expertise, it’s also an opportunity to touch base with his current clients and other operators, who are rarely in the same room at once.

Will Read speaks with an event attendee at the CannaPlanners booth.

“This event was definitely a nice progression from Hemp Fest,” Read said in front of his booth, which displayed his designs scrolling by on a tablet and products from a few of his clients – including Atlas. “I think the next time this happens it’s going to be twice as big – it just keeps going.”

Read pointed out that many who paid for a Hemp Fest ticket eight months ago were paying for booth space at NECANN. “It shows what the organizers have been doing between each event,” he said.

While surveying the morning traffic, Harrington quipped, “It’s a billion-dollar business, whose billion dollars is it gonna be?” He attributed the quote to Shepard. “And next year we’ll be [a] legal [state] and we’ll be here again supporting that industry, too.”

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Illinois Senate & House Agriculture Committee Unanimously Approve Industrial Hemp Bill

The Illinois Senate has unanimously approved a bill to allow the state Agricultural Department to license farmers to grow hemp, according to a WAND report. Currently, only universities can get licensed to grow hemp for research purposes in Illinois. The measure was subsequently approved by the House Agriculture & Conservation Committee and just needs to be approved by the full House before moving to the governor.

The bill includes language to ensure that the “research” requirement of federal law does not limit the commercial sale of industrial hemp products in the state. Industrial hemp is defined under the state law as cannabis plants containing 0.3 percent of THC or less – only West Virginia’s hemp law uses a higher threshold of 1 percent. The state Department of Agriculture is tasked with developing other program rules within 120 days of the bill being signed by the governor.

The House committee vote was also unanimous. The measure currently carries three House sponsors – all Democrats – and the measure was stalled in the chamber last year, according to Chicago Tonight; however, with the overwhelming support in the Senate and the committee, Illinois appears posed to become the 36th state to legalize industrial hemp cultivation.

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Arizona Gov. Signs Industrial Hemp Legislation

Arizona Gov. Doug Ducey has signed the bill allowing the state Department of Agriculture to license institutes of higher education, private businesses, and individuals to grow industrial hemp. The measure requires that hemp growers, harvesters, transporters, and processors all obtain a license from the Agricultural Department.

“This bill opens Arizona to the possibility of a new agricultural product. I’m glad to sign a bill that could have a positive economic impact for the state.” – Ducey in a press release

The legislation defines industrial hemp as cannabis plants containing 0.3 percent THC or less which is on par with the majority of other state programs. The Agriculture Department will authorize which seeds program participants will be allowed to use, Capitol Media Services reports, and lawmakers earmarked $500,000 a year to police the industry and hire inspectors.

Bill supporter Sen. Sonny Borrelli said farmers could get four cuttings of the crop per year, adding that it uses 90 percent less water than cotton.

Arizona is the 35th state to approve industrial hemp legislation. Last month, Senate Majority Leader Mitch McConnell introduced the Hemp Farming Act of 2018, which would legalize hemp cultivation and processing throughout the U.S.

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California Raises $60.9M from Cannabis Taxes; Lower than Projected

California has raised $60.9 million in cannabis sales through the first quarter of 2018, after recreational cannabis sales began on Jan 1. The state levies a 15 percent excise tax on recreational purchases along with state and local sales taxes. Medical cannabis sales are exempt from the taxes.

“California’s excise tax on cannabis generated $32 million in revenue for the first quarter of calendar year 2018. The cultivation tax generated $1.6 million, and the sales tax generated $27.3 million in revenue.” – California Department of Tax and Fee Administration in a press release

Lawmakers are considering legislation to temporarily lower the tax rate. The bi-partisan legislation is meant to help the legal cannabis industry compete with the illicit market. That bill, which passed the Committee on Business and Professions this week, would reduce the excise tax from 15 percent to 11 percent and suspend the $148-per-pound tax on cultivation.

California Department of Finance Director Michael Cohen told KQED that the cannabis tax revenues were lower than expected. The state had projected $185 million in revenues from the first six months of legal sales.

“We are expecting that to turn over time and ramp up as more people get licensed and as more people get into the system.” – Cohen to KQED

State officials projected revenues of $630 million from cannabis taxes next fiscal year.

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Oregon Rep. Earl Blumenauer with a green, bicycle pin on his coat.

Oregon U.S. Rep.: Cannabis Will be Federally Legal in Five Years

Oregon Rep. Earl Blumenauer told canna-business owners that he believes cannabis will be treated like alcohol throughout the U.S. in five years during an appearance at the Cultivation Classic in his home state, Willamette Week reports. He said if lawmakers who support legalizing do their job “it’s game over in two years.”

“If Democrats control the House of Representatives in the first months of the next Congress in 2019, we will be having hearings on de-scheduling.” – Blumenauer, during the Cultivation Classic, via Willamette Week

Blumenauer, a member of the Congressional Cannabis Caucus, also touched on former House Speaker John Boehner’s foray into the industry. Last month, Boehner, a Republican and longtime opponent of cannabis legalization, joined the board of Acreage Holdings. Boehner admitted his “thinking on cannabis has evolved.” Blumenauer said he offered his former opponent a pair of “cannabis-themed” socks to welcome him to the industry.

“I don’t second-guess people’s motives if they’re wiling to evolve. Whether it’s for political expediency, whether it’s that they’ve seen the light, whether they’re fed up with the racial injustice seen in drug laws or if it’s a commercial opportunity.” – Blumenauer, during the Cultivation Classic, via Willamette Week

The Congressional Cannabis Caucus is bi-partisan but only has four seated House members: Blumenauer and fellow Democrat Jared Polis, along with Republicans Dana Rohrabacher and Don Young.

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‘Expungement Days’ for Misdemeanor Cannabis Convictions Planned in Two Vermont Counties

State attorneys in Vermont’s Chittenden and Windsor counties are moving forward with plans to expunge misdemeanor cannabis convictions with “Expungement Days” this month, Vermont Digger reports. In Chittenden County, Expungement Day is being held June 12 at Edward J. Costello Courthouse in Burlington, while Windsor County’s event is planned for June 9 at Vermont Law School in South Royalton.

“During Expungement Day, we will educate community members about how to complete an expungement petition. Though volunteers will not provide legal advice, by the end of the session, participants will have a completed expungement petition ready for filing. The State’s Attorney has agreed to accept the petitions and file them.” – Chittenden County State’s Attorney’s Office, via a Facebook event page

Expungement is not available for felony offenses, and offenders can only apply to have the convictions expunged that were levied in the counties in which they are applying.

“Under Vermont law … once a conviction is expunged, a person may lawfully claim that he or she was never arrested, convicted, or sentenced for the marijuana possession offense. While Vermont affords these protections for expunged offenses, other states and the federal government may treat the effect of the expungement differently.” – Chittenden County State’s Attorney’s Office, via the Facebook event page

Citizens will receive assistance from Robert Sand, a law school professor and director of the Center for Justice Reform, along with Vermont Law School students.

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Aurora Cannabis Reaches Deal to Acquire MedReleaf in C$3.2B Stock Deal

Aurora Cannabis Inc. is set to acquire MedReleaf Corp. in an all-stock deal worth C$3.2 billion. Under the agreement MedReleaf common stock shareholders will receive 3.575 Aurora common shares for each MedReleaf share and upon completion existing Aurora shareholders would own 61 percent of the pro forma company while existing MedReleaf shareholders would own 39 percent.

The combined company would have nine cannabis cultivation facilities in Canada and two in Denmark capable of producing 570,000 kilograms (about 1,256,635 pounds).

“This is a transformational transaction that brings together two pioneering cannabis companies, both committed to high technology, high quality and low cost production, to create a powerful platform for accelerated growth and success on a global scale. Our complementary assets, strategic synergies, and strong market positioning will provide us with critical mass and an excellent product portfolio in preparation for the adult consumer use market in Canada.” – Aurora CEO Terry Booth in a press release

MedReleaf CEO Neil Closner said the deal positions the combined company “to set the global standard for our industry at a pace that will be difficult to match.”

The boards of directors of both companies have unanimously approved the deal. The transaction still requires the approval of at least 66-and-two-thirds percent of MedReleaf shareholders.

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Privately-Owned Zenabis Aiming for Global Cannabis Distribution

B.C. and N.B.-based Zenabis is an ACMPR Licensed Producer of cannabis with its sights set on the global marketplace. While Canada moves forward with the world’s largest nationally-regulated cannabis marketplace, professionals everywhere are preparing for this momentous shift in federal policy.

Zenabis already has production facilities in Delta, British Columbia and Atholville, New Brunswick. Together, they are licensed to hold over 400,000 square feet of production facility space, positioning the company for a comfortable break into the international market.

“We wanted to cover the geography of Canada, but we’re also poised to export product to other global markets,” said Karen Parent, Chief Quality and Compliance Officer for Zenabis.

With several European Union countries like Germany and Italy looking to import pharmaceutical-grade medical cannabis products, the world is watching Canada, where producers have already begun exporting medical marijuana overseas. Zenabis is currently in preparations for obtaining a good manufacturing practice (GMP) certification that would qualify the company for entry into the EU marketplace.

The company has also secured a partnership with United Kingdom-based Isidiol International Inc., through which Zenabis plans to source 3,000 grams of high-quality CBD isolate each month. This deal will provide resources for various R&D projects and has cemented Zenabis’ capability for cross-Atlantic partnerships.

As a privately-owned company, Zenabis is afforded more freedom and maneuverability than many of Canada’s other licensed producers. The company has assembled a diverse and multi-talented team with strengths spanning the startup sector, the pharmaceutical industry, distribution networks, horticulture, and sustainability.

Taking an inside look at the Zenabis cannabis production facilities.

According to Zenabis CEO Kevin Coft:

“Publicly traded cannabis companies are faced with a lot of distractions around generating funds and satisfying short-term obligations to shareholders. We’re using the privately owned model so that we can train our focus on getting everything right for the imminent legalization of recreational cannabis in Canada and the eventual prospect of exporting our products to world markets.”

In the meantime, the company’s business model is focused on cannabis production, research, education, and product development. But John Kondrosky, Chief Operating Officer for Zenabis, explained that one key to the company’s success will be its ability to rapidly scale up to the opportunities presented in both the Canadian and international cannabis markets.

“That’s not simply a matter of increasing production,” Kondrosky said. “It involves careful planning, an unwavering commitment to quality and a relentless focus on execution to ensure that we meet the needs and expectations of our customers with a product we are all proud to put the Zenabis name on.”

Zenabis also has a strong partnership with Kwantlen Polytechnic University, helping educators in KPU’s Cannabis Career Training program create courses based on the needs of the modern cannabis industry.

To learn more, visit Zenabis.com or contact info@zenabis.com.

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Poll: 61% of Michigan Supports Rec. Cannabis Legalization Initiative

A Michigan State University Institute for Public Policy and Social Research poll has found 61 percent support for cannabis legalization in the state, with 34 percent opposed and 5 percent undecided. Cannabis legalization was the only issue on the poll with fewer than 15 percent undecided.

Pollsters found support lags among Michiganders 65-and-older. Just 30 percent of that population supported the reforms, while 80 percent of respondents under 30 approved of legalization, along with 62 percent of individuals aged 30 to 64.

“Since the marijuana initiative has a large lead with relatively few undecideds, it appears likely that it will pass.” – MSU economics professor and director of the State of the State Survey Charles Ballard, to MSU Today

This is the third poll this year to find majority support for the cannabis legalization in Michigan. A January poll from Local 4 and the Detroit News found 56.6 percent support, with 36.7 percent opposed and 6.7 percent undecided. A March poll by EPIC-MRA commissioned by Michigan NORML found 61 percent support with 35 percent opposed.

Lawmakers know the initiative is very likely to pass and have considered tying a legalization bill to another measure cutting the state’s income tax. Passing the bill via the Legislature would give them more control over the structure and implementation of the industry; however, House Speaker Tom Leonard, a Republican, told WEMU that he doesn’t anticipate lawmakers moving on the issue. The Legislature has until June 16 to take up the issue or it will go to the voters in November.

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Michigan to Regulate CBD as MMJ

Michigan regulators have announced that CBD products – even those derived exclusively from industrial hempare subject to regulation under the Michigan Medical Marihuana Act and the Medical Marihuana Facilities Licensing Act.

“Cannabidiol (CBD) comes from the marihuana plant. Based on the statutory definitions related to “marihuana” found in the Michigan Public Health Code (Act 368 of 1978), the [MMMA], and the [MMFLA], any extracts of marihuana or extracts of the marihuana plant will continue to be treated as marihuana. The possession, purchase, or sale of marihuana or any marihuana product – including CBD – must be done in compliance with the MMMA and MMFLA.” – Michigan Licensing and Regulatory Affairs May 10 Advisory Bulletin

Other products derived from industrial hemp are not subject to the MMMA and MMFLA, the bulletin says. However, it does note that the state’s Industrial Hemp Research Act “limits industrial hemp to cultivation or research and does not authorize its sale or transfer.”

“Any possession or transfer of industrial hemp – or any product claimed to be “hemp”-related – must be done in compliance with Michigan’s Industrial Hemp Research Act.” – LARA in the May 10 bulletin

The IHRA only authorizes the Department of Agriculture and Rural Development to license colleges and universities to grow hemp for research purposes. The IHRA defines hemp as “the fiber and the seed part of the Cannabis sativa L. plant.”

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Ohio AG Approves Cannabis Legalization Proposal Language; Moves to Ballot Board

Ohio Attorney General Mike DeWine has certified that the language for a proposed recreational cannabis ballot initiative is “fair and truthful” – the first step toward putting the issue on the ballot, according to a Cleveland.com report. The proposal moves next to the Ohio Ballot Board which will determine whether the measure is one or several ballot issues. If approved by the board, advocates would need to collect 305,591 valid signatures to put the issue to voters.

The proposal, which would amend the state constitution, is sponsored by Ohio Families for Change. DeWine had rejected the group’s initial proposal because the petition summary didn’t match the proposal language.

The organization had aimed to put the issue to voters this November, according to Ohio Families for Change spokesman Jonathan Varner, but likely won’t meet the July 4 deadline and will instead focus on the November 2019 election.

“This is unfortunate, because people are being arrested daily for activity that simply shouldn’t be criminal, only to support a black-market system. We’re confident that when voters have the opportunity to vote on this issue, they will overwhelmingly approve it.” – Varner to Cleveland.com

In 2015, Ohio voters rejected a constitutional amendment to legalize cannabis for adults. That measure was opposed by many activists because it would have given campaign investors a monopoly on sales.

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A man folds a $100 bill in front of him.

West Virginia Treasurer Outlines Proposals to Offer Financial Services to MMJ Firms

West Virginia Treasurer John Perdue has sent a letter to Gov. Jim Justice outlining two plans to provide the state’s medical canna-businesses access to financial services. The first option is a “loop” system; the second a state-owned bank.

The “loop system” proposal would provide two options or a combination of both. A “closed-loop” which would allow payments within a network of individuals or entities that have accounts in the system, and an “open-loop” system that would provide payment services that would also be able to be used outside of the system. Both systems would be monitored by the state.

“This type of third-party payment service would provide a means for establishing accounts by the entities associated with medical cannabis; maintain strong security and fraud prevention practices and controls; provide robust reporting, including online access and integration with the Bureau of Public Health and State of West Virginia systems; and provide various other services, including armed car/courier services.” – Perdue in the letter to Justice

The state-owned bank would be run by the Treasurer’s Office. According to the Charleston Gazette-Mail report, the specifics of the bank would be determined by legislation. Diana Stout, general counsel for Perdue, said the bank could operate under a charter tailored for the medical cannabis industry.

West Virginia’s medical cannabis program is expected to launch next year.

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The Colorado state flag hangs off of the front porch of a large house located in the Rocky Mountains.

Colorado Cannabis Sales in March Highest Yet in 2018

According to Colorado state Department of Revenue data, cannabis sales in March reached $105,945,278 — up from $85,869,215 in February and $88,729,914 in January. In the first three months of 2018, cannabis sales in the state have totaled $365,686,695.

Denver County led the state in sales: the county totaled $34,757,371 in March. Arapahoe County, whose largest city is Aurora, ranked second with $9,956,392 in sales; followed by Boulder County ($7,245,363); Adams County ($6,602,994); and Larimer County ($5,839,729).

Medical cannabis sales reached $29,238,678 in March, up from $26,640,302 in February, but down slightly from the $29,263,308 in January.

Monthly sales in the state have surpassed the monthly figures from 2017, which were $92,912,147 in March; $75,665,966 in February; and $76,018,423 in January.

However, medical sales in 2017 were significantly higher than this year: $37,451,683 in March; $31,074,413 in February; and $31,712,608 in January.

Since the program’s launch in January 2014, cannabis sales in Colorado have totaled $4,859,707,381. The state applies its 2.9 percent sales tax to both medical and recreational cannabis sales along with a 15 percent tax on retail sales. Municipalities are also allowed to set their own tax rates which range from 0.01 percent to 7.25 percent.

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