A large, indoor cannabis grow operation.

Canadian MMJ Producer Aphria to Acquire Nuuvera for $826M

Canadian medical cannabis producer Aphria Inc. is set to acquire Nuuvera Inc. for $826 million as part of its efforts to expand into Europe, Africa, and the Middle East, where Nuuvera already has a strong presence.

Aphria will pay $8.50 per share to Nuuvera shareholders – a 21.4 percent premium over the stock’s Friday close price. The price represents a 30.5 percent premium over Nuuvera’s 10-day weighted average stock price.

Nuuvera has relationships in Germany, Italy, the United Kingdom, Spain, Israel, Malta, Lesotho, and Uruguay, while Aphria currently has agreements in Australia.

“This transaction, which builds on a long-standing relationship between the two companies, brings together our top tier ability to grow high-quality cannabis at a low-cost with Nuuvera’s expansive international network, expertise in processing, and access to industry leading technology.” – Vic Neufeld, Aphria CEO, in a press release

The deal still needs final approval from the Superior Court, two-thirds vote from Nuuvera shareholders, and approval from the Toronto Stock Exchange.

It’s the second major merger of Canadian cannabis companies in a week — last Thursday, Canadian producers Aurora Cannabis and CanniMed announced an $852 million deal, lauded as the richest in the cannabis industry to date. The moves come less than six months before Canada is expected to roll out federal recreational cannabis legalization.

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Large plastic bags of trimmed cannabis product.

Per-Pound Cannabis Prices Drop in First Month of 2018

According to Cannabis Benchmark’s U.S. Spot Index, the price-per-pound of cannabis has fallen 3.5 percent from Jan. 12 to Jan. 19, to $1,292, representing a spot price-per-gram of $2.85, with a simple average price of $3.20.

The report indicates that the drop “was driven primarily by significant week-over-week decline in wholesale rates in Oregon, though most of the major Western markets saw decreases in their composite prices, with Colorado the only exception.”

In Washington, prices fell to $1,004 per pound – the lowest price Cannabis Benchmarks has found in three years tracking industry price trends. Indoor-grown products remained the highest priced at $1,571 per pound, followed by greenhouse-grown ($1,216), and outdoor ($948). Last week, the firm reported an 11 percent decline in per-pound prices “due both to decreases in the volume-weighted average rates for indoor and greenhouse product, as well as the fact that low-priced outdoor flower, despite experiencing a small week-over-week price rise, constituted a larger proportion of the total volume that was reported to be traded nationwide.”

In an interview with The Cannabist, report author Adam Koh indicated that the recent decision by Attorney General Jeff Sessions to rescind the Cole Memo has not led to “any sort of material alteration to supply and demand.”

“The way it could possibly affect the market is if businesses were actually raided or shut down. Then you might have people unwilling to trade wholesale. Obviously a dispensary wouldn’t to want to take in inventory if there was a credible threat of being raided with significant amounts of cannabis on hand.” – Koh, to the Cannabist

Koh suggested that prices could continue to decline throughout the first quarter of this year.

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Photograph of Capitol Hill in Washington D.C. distorted by a "fish-eye" lens.

Congressmembers Send Letter to Trump Asking for Cole Memo Reinstatement

Fifty-two members of Congress have sent a letter to President Donald Trump urging him to ask Attorney General Jeff Sessions to reinstate the Cole Memo.

“As a candidate, you stated: ‘I really believe we should leave [marijuana] up to the states’ and that ‘it’s got to be a state decision.’ We trust that you still hold this belief, and we request that you urge the Attorney General to reinstate the Cole Memorandum. This step would create a pathway to a more comprehensive marijuana policy that respects state interests and prerogatives. On behalf of the communities we represent, we hope you appreciate the critical nature of this issue and take immediate action.” – Congressional letter to Trump

The bi-partisan letter, dated Jan. 24, includes signatories from states that have legalized the medical and/or recreational use of cannabis and Washington D.C.

In his directive rescinding the memo, which barred the federal government from interfering in state-approved medical cannabis programs, Sessions said that U.S. prosecutors “should follow the well-established principles that govern all federal prosecutions.”

In their letter to Trump, the members of Congress warn that Sessions’ guidance “will have a chilling effect across the country in states that have worked tirelessly to implement voter-approved laws, creating legal uncertainty.”

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France Reduces Penalties for Low-Level Cannabis Possession

The French government has announced that low-level cannabis offenses will now be met with fines of 150 to 200 euros, but ruled out broad decriminalization, France24 reports. Interior Minister Gerard Collomb said that while on-the-spot fines would be the new law of the land, further action against offenders would remain an option.

According to the report, in 2015, 140,000 people in France were arrested for drug offenses, with just 3,098 sentenced to incarceration. The move is expected to free up police.

“In the past, police officers and judges would spend a lot of time on procedures which ended in formal warnings being given, so it didn’t serve any purpose.” – Parliament Speaker François de Rugy, to BFMTV/RMC, translated by France24

The reforms were originally pushed in May by President Emmanuel Macron who has suggested capping the fines at 100 euros. Earlier this week, the government issued a report which included the new fine scheme. During an appearance on French radio on Monday, Finance Minister Bruno LeMaire pointed out that France has the highest rate of cannabis consumption rates in the European Union but still had “the harshest laws in Europe.”

Germany, Belgium, and Italy are among the bloc nations that have decriminalized cannabis possession.

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Indiana House Passes Resolution to Study MMJ

Indiana’s House has unanimously voted to study medical cannabis legalization before next year’s session, the Indy Star reports. The resolution was offered by Majority Floor Leader Rep. Matt Lehmen – a sign that the reforms have a shot at being considered next session.

Since the measure is a resolution, it does not need to be voted on by the Senate; instead, if three of the four legislative leaders from both parties agree to the study, it will be assigned to a committee in the summer. According to the report, Minority Leader Rep. Terry Goodin, House Speaker Brian Bosma, and Senate Democrat Leader Sen. Tim Lanane indicated they would support the study.

Bosma, a Republican, does not support medical cannabis legalization but said his “mind could be changed, but it’ll be based on facts not opinions.”

“Honestly my opinion about the advisability hasn’t necessarily changed but my opinion as to whether or not we need to study the issue likely has. Our own surgeon general called for a study of the issue. So I think we need to take a look at the effects and I support a study.” Bosma, at the start of session, via the Indy Star

Neither Gov. Eric Holcomb nor Attorney General Curtis Hill support the reforms. According to the report, the Senate does not plan on studying the issue.

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Darcy Bomford: Acquiring a Cannabis License in Canada

Darcy Bomford is the CEO of True Leaf Medicine International, a Canadian company with one department in the national medical cannabis program and another that manufactures hemp-based wellness products for pets.

In this interview, Ganjapreneur.com podcast host TG Branfalt talks with Darcy about Canada’s medical cannabis program, the strict licensing process that producers undergo there, and what the country’s impending adult-use marketplace is expected to look like. Darcy, a career entrepreneur who launched his first company in the pet supplements industry, also explains how he has applied his experience in the pet products industry to the cannabis space and how he was inspired by the devotion of pets to “return the love” by creating wellness products for both people and their four-legged friends.

You can listen to the interview via the player below, or scroll down to read through a complete 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 are 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 Darcy Bomford, he’s the CEO of True Leaf Medicine International. He’s from Canada, who are ready to nationally legalize cannabis, a move that advocates and entrepreneurs here in the states are and will be watching rather closely. But before we get into all of that I want to thank you for coming on the show Darcy, how are you doing this morning?

Darcy Bomford: I’m doing great. Thanks Tim, it’s a pleasure being here.

TG Branfalt: It’s great to have you, we have a lot of stuff that we’re going to have to hash through. But before we do, I want to get to know you, man. What’s your background? How’d you end up in the cannabis space?

Darcy Bomford: It’s interesting actually. My background is primarily in the pet industry, which is a little different. When I was a kid I always loved pets and I worked for a vet and decided early on, I think 18 years old, to be an entrepreneur and not a veterinarian because I liked the business side of things better than the medical side.

I started a little pet supplement company, which morphed into a pet treat company, and I eventually built that into a fairly large company. Not huge, but we were doing somewhere around 7, 8 million a year. And we had a nice little plant in Canada and we had two plants in the U.S. that primarily made natural baked dog biscuits. And it was a great business.

Unfortunately I lost that to investors — sometimes high finance goes good, sometimes it goes bad. And unfortunately I ended up losing it to a group of investors who then took over the company and went their own way with it. And at that point in time, which was 2012, I had actually one year non-compete. So there I was with 25 years in the pet industry and couldn’t go back into it, and at the same time the federal government in Canada announced these new rules around the production and sale of medicinal cannabis. And I thought, wow, with my manufacturing background and I knew how to make and market product, I knew about quality control.

And in the back of my mind I always thought that hemp and cannabis could be a very unique ingredient for pets as well as people. So I kind of paid attention to that, but I ended up being one of the very first applicants in Canada under the folks called the MMPR program at that time. We were number 48 to apply. And so we got going that way and ended up getting into the queue with a bunch of other companies. And unfortunately the prime minister at that time was very anti-cannabis, and there’s so many applicants that the system kind of got carried away so they slowed down the entire approval process and we ended up stalled. We had no idea when we were going to get our license and we ended up at that point in time, about a year and a half in, going back into the pet industry. That’s how we launched True Leaf Pet. So we launched hemp supplements for pets while we were waiting for our medicinal cannabis license to come through.

And here we are today. We have two divisions; True Leaf Pet, which still markets hemp based supplements for pets using hemp seed. And then we have …  we have on the medicinal side, our license from Heath Canada is now really going through the stages because of our new prime minister and we’re getting close to approval.

TG Branfalt: So, do you guys, you said that you use hemp seed and stuff for the pet treats, are you allowed to or do you use CBD?

Darcy Bomford: No, I know. Early on we realized that any kind of the leaf material from hemp, we were going to run into regulatory issues on the pet side. But we also recognized that hemp seed by itself is really, there’s a ton of value there, and it has some active ingredients that still support some of these functions that are really popular with pets. Like for example, Omega-3, -6, and -9 and some other ingredients in hemp seed oil help support the body’s fighting inflammation, so they’re being used for hip and joint product. And we also have another formula that’s for calming and another one for immune heart support.

So we use hemp seed as the base active ingredient but we also add other well known active ingredients like tumeric and some other hip and joint products and calming ingredients to support the hemp. And the big reason for that, Tim, is that we wanted to be 100% legal in everything we do. And in the pet industry, there’s a ton of regulation there. It’s not easy just launching just a regular product even without hemp. So we have to comply to all these state rules and sort of an overarching body that manages the pet industry called AVCO. So we specifically developed our formulas with hemp seed so that we could find a legal pass to market from the beginning.

TG Branfalt: And can you briefly tell me about the hemp laws in Canada?

Darcy Bomford: Yeah, as you know in the states there’s a lot of CBD products that are being sold online and in, sort of, I guess hemp friendly states or medicinal cannabis friendly states. But in Canada, CBD is a controlled substance. It’s right along with THC. And it’s unfortunate because, of course, CBD is non-psychoactive. But it’s more strict up here, you don’t see a lot of online sales of CBD products. CBD products from the U.S. were initially coming through but now they’re being stopped at the border from the U.S., and they’re still very strict about it. You see the odd dispensary with CBD products but it’s sort of in the gray area.

TG Branfalt: What about, are you allowed to grow hemp itself throughout the nation? Because here it’s state by state and it’s very, very limited.

Darcy Bomford: Yeah, well Canada’s actually the number two country in the world for hemp seed production. And you are allowed to grow it but you have to destroy the leaf and you can’t use the bud, of course. It’s easier, like you can apply to Health Canada for a license to grow hemp outdoors, you still have to go through a security check and a few other issues, right. But it’s relatively easy, especially compared to the U.S. where it’s technically it’s, at a federal level, it’s still difficult to grow hemp as a hemp farmer.

TG Branfalt: And now, for those of us that are unfamiliar, can you sort of explain Canada’s medical cannabis system as it exists right now?

Darcy Bomford: Currently, it’s now called the ACMPR, which is the Access to Cannabis for Medical Purposes Regulations. And it allows applicants once they’re approved to actually grow cannabis under strict regulatory conditions, so you have to provide security and have security on your site, you have to have a vault, all your personnel that touch the final product have to have high level security clearance. And then you’re allowed to actually sell online to consumers that have a medical document, so like they have to have a physician or a healthcare, like a nurse practitioner sign a document that lays out the indication and the amount of product the can use on a daily basis. And then licensed producers, once they accept this medical document, which I guess you could call a prescription although it’s not technically called that, then they can actually ship dried cannabis or cannabis oil directly to your house. And I think that’s probably the only way, actually, that it’s available for sale right now. Or through a-

TG Branfalt: So is that why you see police raiding dispensaries, because they’re technically not legal?

Darcy Bomford: Yes, because the source of the material in a lot of these dispensaries is questionable. A lot of them are being supplied by people that had a prescription or an agreement under the old program that allowed them to grow cannabis for their own personal use. Technically you’re not allowed to sell it. So there’s sort of a gray area there where we have all these old licenses under the old medicinal cannabis program in Canada, that people are growing product and then they’re technically selling it to the dispensaries and then the dispensaries are selling it to consumers. And it’s all outside of the current license producer program, which technically makes it illegal.

But, you know, we’re in this state of flux now where we have this little program, and then you have the new program, and then you have recreational legalization coming around the corner in July. So for that reason I think law enforcement is really, you know, they’re not cracking down on a lot of the dispensaries although they have shut some of them down, but they’re not being overly onerous and charging people. They’re just simply … The bad ones are out of business at this point in time, I guess.

TG Branfalt: So before we get into some of these details of the forthcoming legalization effort, is there, what’s the opinion of your current operators? How will this regime, how might it affect the current medical cannabis system?

Darcy Bomford: Well that’s a good question because federal government now has basically said that licensed producers, under this new regime, will be the suppliers of both markets. So as a licensed producer, you’ll be able to grow and sell product in the medicinal space or in the recreational space. And they’ve also applied the same level of taxation to both products. So you’ve seen in the U.S., some states had both programs running at the same time, then they would tax medicinal at a lower rate. And then of course all the rec users ended up going to the medicinal space and then the whole thing kind of didn’t work very well.

So Canada, in some respect, they’ve gone around and they learnt from America and I guess Holland and stuff. And they’ve come back to Canada with a system that they think will work better. So they are basically treating medicinal and recreational the same, from what we can tell. There’s still some rules that have to come out but that’s the way it appears it’s going to happen.

TG Branfalt: I want to get into some of the details of what has been announced, but before we do that we gotta take a break. This is the Ganjapreneur.com podcast, I’m TG Branfalt.


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TG Branfalt: Hey, welcome back to the Ganjapreneur.com podcast. I’m your host TG Branfalt here with Darcy Bomford, CEO of True Leaf Medicine International.

So, before the break we were talking about how the pending legalization could affect the medical cannabis industry in Canada. So some of the rules have already been released, so I sort of want to start with the price point that the government has set. They’re talking about what would be $7 Canadian, $10 a gram American. How does having this potential cap on prices impact the legalization from an operations standpoint? From a business standpoint?

Darcy Bomford: Yeah, they’ve been talking about capping it, and I think that was one or two provinces were talking about that, and I hope it doesn’t happen. And some of these announcements have come out and then as they get feedback from people in each province they change them, so I hope that’s the case now because ideally the market should decide the price. They have talked specifically about the level of taxation, which some people may be confusing both as the same but it’s $1 a gram and/or 10%. So whatever is higher. So for example, if all the feds have said if it ends up being $15 a gram retail, well they’re going to take $1.50 a gram as a tax or a minimum of $1.

I don’t think they’re going to actually cap the retail price, and from the producer’s point of view it’s good, obviously, because you have to be able to produce the product and distribute it efficiently.

TG Branfalt: So at that price point … And if that were the price point in U.S. states, for example, I can tell you that it would have an impact on the black market, that’s roughly half of what the illicit market prices are, especially on the East Coast where I’ve spent most of my time. Do you think that that price point, will it help stem the illicit market in Canada?

Darcy Bomford: Yeah, I think our prices must be less than yours because $10 a gram, I think even on the black market side, is fairly high. So I don’t think it’ll hurt because, yeah. Cost to produce, we’re projecting somewhere around $2 a gram, which is high because we really have to be focused on quality control and security. So our cost to produce are higher and we don’t have a huge footprint. The black market, we’ve heard indications of somewhere around $1 a gram or less for a quality grow operation. So even at $10, there’s still good room there for margin. The retailer’ll take half and then the distribution cost to get it to the retailer. So even at $4, if we handed out $4 to the manufacturer, that’s still a 50% margin, which is pretty good.

TG Branfalt: Okay. Much like in the states there’s, you know, the federal rules, which cannabis is federally illegal, we don’t have a medical program. There’s also the state rules, which is why we have legalization in Colorado and Massachusetts and so on and so forth. So you guys also have some proposed federal rules and also provincial rules. We’ve gotten some here and there, we don’t have all 13 yet, but what are the ramifications of allowing the provinces to create their own regulations? From an operator’s standpoint, is that a good or a bad decision?

Darcy Bomford: Yeah, good question. It’s a little different in Canada. If you can imagine Trump saying to all the states, “Look, we’re going to allow recreational nationwide whether you like it or not. So it’s up to every state to decide how they want to distribute.” That’s basically what our prime minister is saying to the provinces.

So he’s saying, “Look, we’re going to allow the national sale of recreational cannabis, and by the way, that also means online sales. And/or each province has to decide on their own how they’re going to distribute and provide their own tax structure.”

So from our point of view as a producer, we’re going to be focused on building our brand online so the minute that recreational comes around, we’ll be able to sell nationwide online. So there’s no restrictions there. However, at the provincial level, you’re right, every province is unfortunately sort of customizing their regulations.

B.C. is kind of like California, you know, it’s sort of the bellwether province, a lot of trends start here. People are more relaxed, laid back, it’s the west coast lifestyle. There’s a ton of dispensaries in B.C. already, I think there’s 12 in my little town of 40,000 people.

TG Branfalt: And they allow them?

Darcy Bomford: Well, they’re still under this sort of gray area. Technically, they are illegal. But I think what’s going to happen is our province, they’re going to allow a private and public model, so the distribution of cannabis will most likely be controlled by the liquor board. And the liquor board will then sell product to either their own government run stores or to dispensaries or private model. So we’ll have probably a combination of both, a hybrid model.

Ontario, unfortunately, has chosen to just do government run cannabis dispensaries, which is crazy. I think they’re talking of only 150 for the entire province. So we’ll see what happens. It’s a brand new industry, first in the world really to do this, so there’s a bit of a learning curve, but I’m confident that Canadians will be able to figure it out.

TG Branfalt: If you were to sell online, for example, you said that you were at maybe a $2 a gram price point and you’re able to sell online, that’s going to … Right, you’re not going to have to distribute it, you’re not going to have to send it to a liquor-run distributor and then put it out there, you’ll be able to sell directly to consumers that way.

Darcy Bomford: Exactly. Exactly. And that was a key point of Prime Minister Trudeau’s strategy is, you know, he’s not going to hamper the industry even if the provinces technically don’t get their act together. We’ll be able to sell online immediately, as soon as recreational comes around. And under the current program, under the medicinal program, that’s primarily how it’s distributed, directly to the patient.

TG Branfalt: That’s really interesting. Because that’s gotta be sort of exciting because you cut out three middlemen with one swoop.

Darcy Bomford: Yeah, exactly. That’s where the most margin is. And you know what? The whole world is going online, right? Even in the pet industry. I’ve been saying this for years. The pet industry is in a pivotal moment of change right now because the consumer is going online, and they’re buying their pet products and getting them delivered directly to their house. And it’s the same with other industries, and for sure cannabis is going to be a big one because it doesn’t weigh a lot but it’s very expensive. So it’s perfect for the online model.

And the guys that are killing it in the industry right now have a good online brand, a website, and they have influencers that follow the brand and talk about it and believe in it. They have quality product. And that’s where we’re heading with True Leaf.

TG Branfalt: So I want to talk to you a bit more about the regulations and how you’ve taken this experience, an entirely different industry, and applied it to cannabis. But before we get into that, we gotta take our last break. It’s the Ganjapreneur.com podcast, I’m TG Branfalt.


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TG Branfalt: Welcome back to the Ganjapreneur.com podcast. I’m your host TG Branfalt, here with Darcy Bomford, CEO of True Leaf Medicine International in Canada.

So before the break, you had mentioned the decision for some provinces to begin to use liquor boards to control the supply. And some provinces are going to allow private retailers, you mentioned British Columbia, there was another one that I can’t think of who it was off the top of my head. But the majority that I had seen was they were going to do a state-owned retailers of cannabis. What’s your opinion on these two models? I know earlier you said the free market should sort of run this thing, you know, so … Just kind of, what’s your opinion on these two models?

Darcy Bomford: Well I think the most important thing is that the supply to these two models should be a quality, standardized supplier, meaning licensed producers. Because Canada’s system, the one that we’re going through, it’s unbelievable how strict it is. The quality control is absolutely key and the most important thing is we have to test for pesticides before the product’s shipped. We have to test for CBD, for THC, mold, E. Coli, salmonella, moisture. So because of these requirements, it ensures that the absolute highest quality product goes into the market. So, that’s the first part. So, whoever’s selling the product should have to buy it from a supplier that has to go through these strict quality control measures.

The second part is, you know, liquor and marijuana probably shouldn’t be mixed, so selling both in the same store I think is a big mistake because your really sending the wrong message to people that are drinking. So if the government feels they can do a better job at retailing it, well I guess that’s their prerogative. But I still think the government should provide some overarching regulatory control on the supply and the retail of it, well I think the private model probably makes more sense. Whether that being dispensaries or, you know, what we’re focused on really is the naturopathic doctor clinics. We’re focused on marketing the product to them so they can provide it and natural alternatives to some of the harsher NSAIDs and pharmaceutical drugs that people are taking. That’s our focus.

TG Branfalt: There’s been some stuff that I’ve read, some conservative lawmakers in Canada are seeking to push back the legalization, claiming that they need more time to debate the bill. Do you think that this is something that could happen? Do conservatives have enough stroke in Canada to be able to derail this legislation?

Darcy Bomford: I don’t think so. I think they’d be crazy to do that because clearly the Canadian population is in support of legalization. And I don’t think they can actually block it at the senate level. I doubt that’s going to happen, you know they’re talking about it now but I think it would be suicide on their part.

TG Branfalt: Interesting. And then briefly I just want to back up way, way back a little bit. How did you sort of leverage your experience in the pet industry into the cannabis market? Because there’s so, I mean you don’t think … it’s just not something you sort of put together, right? So how’d you leverage that experience, man?

Darcy Bomford: Well I’m an entrepreneur, and what I’ve learnt with my career, well first of all you never give up. That’s what it’s all about. And second of all, you have to get the right people on the bus. And I may not be a cannabis expert, but if I can find people that believe in the vision and can share it, that’s totally key to creating something that has value.

And our values are unique in the fact that what we brought to the company, it sort of relates to pets, too. Our tagline for the company is ‘return the love.’ So on the pet side it’s all about returning the love that you get from your pet. And I don’t know if you have a dog or not but, I mean, that is the best thing about having a dog is the unconditional love that you get from them every second. And that’s our tagline for the pet side of the business and you know what? On the medicinal side it’s the same thing. It’s returning the love to yourself for quality of life. We need to treat ourselves better; natural products instead of pharmaceuticals. Treat mankind better. So it’s an overarching, bigger message that we’re really trying to get across. It’s a long term vision about unconditional love and returning the favor, the golden rule, right?

So we’re pretty excited about what we’re doing and I’m confident that we can bring some, or we are actually bringing in some unbelievable talent to our company. We’re creating a brand that really is going to resonate with our target market, so we’re pretty excited.

TG Branfalt: That’s a really cool mission, man. I admire your passion for helping others. But you know what they say about Canadians, right? That you’re all super nice and …

Darcy Bomford: I didn’t say “eh” during our interview.

TG Branfalt: I was hoping. I’ve been waiting here the whole time just …

Darcy Bomford: I’ve been training myself for years.

TG Branfalt: So before we go, man, what advice would you have for entrepreneurs? Maybe those not even just looking to enter the cannabis space but, you know, just entrepreneurs in general.

Darcy Bomford: Yeah, you know what, never give up and really believe in your passion. And probably more importantly is you gotta ask yourself why you’re doing it. Why are people buying your products? They’re not buying what it is, they’re buying your products because they want to believe in your passion, they want to share your passion and what you’re doing. And unless you can really communicate that with everything you do, your product’s probably not going to work, it’s not going to resonate. If it’s all about money or selling the cheapest or doing something one better than the competition, you’re just another ‘me too’ company. But if you can really create a reason why people should buy your products, you know what, I buy this, I buy Apple because it’s cool. I buy this because, man, the person behind it, that person’s a cool person. I believe in his values and what he stands for. It’s not about money it’s more about passion and belief and you gotta believe in yourself. Never give up. That’s the biggest.

TG Branfalt: And then, where can people find out more about you, man? Where can people learn more about your passion?

Darcy Bomford: Trueleaf.com. Yeah, it’s all there. True Leaf Pets are different division but you can find it all there.

Another thing we’re doing right now that’s really cool is we’re the first company from Canada to do crowdfunding, equity crowdfunding in the U.S. We’ve been working on this for 11 months and we’re now able to sell equity in our company to the same people that are buying our pet products. You can buy as little as $350 Canadian, eh, worth of equity in our company. And we talked about online, right? The capital markets are going online too, and this is the beginning of it, this regulation A plus crowdfunding allows anybody to click on a website and buy equity. You don’t have to go through a broker, you don’t have to talk to anybody else, you just have to believe in the brand. And you can own a piece of a company.

So, pretty cool. We’re just doing that now, we’re hoping to close next week on ten million bucks. That’s our goal and that’s going to allow us to continue our vision on both the cannabis for people and pets.

TG Branfalt: Awesome, man. Congratulations. We’ll definitely have to check back with you in a week and see how that panned out.

Darcy Bomford: For sure. Yeah, we’re going to hopefully close it soon. We might be halfway there before Christmas and we’ll finish it off in January, but the response to our whole crowdfunding thing has been unbelievable and we’re just so blown away by it. And it really shows that people love pets and they believe in cannabis. It’s here to stay, that’s the big message for everybody. All the big regulators out there, it’s here to stay. People believe in it, it’s not going away. So it’s pretty exciting times we’re in right now.

TG Branfalt: If you’re in Canada and the U.S., we’re all about to get shut down by Jeff Sessions, every single one.

Darcy Bomford: You know what Tim, it’s going to work out. I have confidence. They’ll see the value there eventually.

TG Branfalt: Oh, you friendly Canadians. So, dude, I want to thank you for taking the time coming on the show. Super cool guy, I’m going to probably check out this equity website as soon as we hang up here. But definitely, keep me in the loop on what you guys are doing, it’s really cool. And thanks again for being on the show.

Darcy Bomford: Absolutely, my pleasure, Tim. Thank you very much. Take care.

TG Branfalt: You can find more episodes of the Ganjapreneur.com podcast in the podcast section of Ganjapreneur.com and the Apple iTunes store. On the Ganjapreneur.com website you 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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A personal cannabis grow inside of a closeted grow tent.

NBC News/WSJ Poll: 60% of Americans Support Cannabis Legalization

An NBC News/Wall Street Journal poll found that 60 percent of Americans support broad cannabis legalization, with people 18-34-years-old and Democrats leading the way with 73 percent of each demographic supporting the reforms.

Sixty-seven percent of respondents aged 35-49 supported legalization, along with 64 percent of Independents, and 54 percent of those aged 50-64. Support dropped off among Republicans, 43 percent, and seniors – 38 percent. Support among individuals who voted for President Donald Trump was just 37 percent.

While the majority of both male and female respondents supported legalizing cannabis, support was greater among men, 64 percent, than women, 57 percent.

Interestingly, respondents ranked cannabis lowest risk among tobacco, alcohol, and sugar. Just 9 percent indicated that cannabis was the most harmful of the four substances, followed by sugar (21 percent), alcohol (24 percent), and tobacco (41 percent).

The survey found 31 percent of respondents would “actively support” a legalization law, and 29 percent would “favor but not actively support it.” One-fourth indicated that would oppose the law “but not actively try to have it overturned,” while 14 percent said they would actively seek to overturn it.

A nationwide Gallup poll from October found a record 64 percent supported legalization with 51 percent Republican support.

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California Growers Association Sues California Over Large-Scale Cannabis Cultivation Concerns

The California Growers Association is suing the state, contending that the Department of Food and Agriculture defied the will of the voters by permitting large-scale commercial cannabis farms, the Sacramento Bee reports.

According to the report, the suit states that Prop. 64 was intended to “ensure the non-medical marijuana industry in California will be built around small and medium-sized businesses by prohibiting large-scale cultivation licenses for the first five years.” Association President Hezekiah Allen said such size caps will help prevent the industry from becoming “Big Tobacco 2.0.”

“Approving large cultivation operations in 2018 will significantly reduce the ability of small and medium businesses to compete economically in the regulated market. As a result, more small and medium cultivators will choose not to enter the regulated market and will instead stay in the illegal market.” – California Growers Association lawsuit

The original initiative text called for all grows to be less than 1 acre until 2023. The Food and Agriculture’s emergency rules, released in November, allow for a single business to apply for an unlimited number of small cultivation licenses. The suit argues that the rules represent a loophole that effectively allows large-scale cultivation.

The final rules are expected later this year.

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Massachusetts U.S. Attorney Won’t Rule Out Federal Charges Against Canna-Businesses

Massachusetts U.S. Attorney Andrew Lelling, who was appointed by President Donald Trump and assumed office in December, told reporters yesterday that while opioid crimes are his top drug enforcement priority, he could not rule out bringing cases against canna-business operators and employees, the State House News Service reports. The comments come less than a month after Lelling released a memo saying he could not “provide assurances that certain categories of participants in the state-level marijuana trade will be immune from federal prosecution.”

Moreover, Lelling said that while members of the state’s Cannabis Control Commission have sought to meet with the prosecutor, the Justice Department “won’t allow” him to meet with the agency responsible for drafting the rules for the voter-approved adult-use cannabis industry.

“This office will pursue federal marijuana crimes as part of its overall approach to reducing violent crime, stemming the tide of the drug crisis, and dismantling criminal gangs, and in particular the threat posed by bulk trafficking of marijuana, which has had a devastating impact on local communities.” – Lelling, during a press conference

Lelling, however, noted that he doesn’t believe Attorney General Jeff Sessions wants to micromanage state prosecutors, but that his office should pursue “ambitious cases.”

Earlier this month, 19 attorney generals from 17 states, Washington, D.C., and Guam – including Massachusetts’ Maura Healey – sent a letter to members of Congress urging them to advance legislation that would allow cannabis operators to access financial services.

Adult-use sales in Massachusetts are expected to begin in July.     

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Canadian MMJ Producers Aurora and CanniMed Come to Terms in $1.1B Deal

In the most valuable cannabis industry deal to date, Canadian medical cannabis producers Aurora Cannabis Inc and CanniMed Therapeutics have entered into a support agreement that will create the most valuable cannabis company in the world. The deal, which comes months after Aurora set in motion a hostile takeover bid of CanniMed and led to the target adopting a shareholder rights plan – or poison pill – to thwart the sale, is worth C$1.1 billion ($852 million).

Under the deal, CanniMed shareholders may receive 3.40 Aurora shares or a combination of cash and shares. The share offers, at $43.00, represent a 181 percent premium over the closing price of CanniMed shares on Nov. 14, 2017.

“We are very pleased to have come to terms with CanniMed on this powerful strategic combination that will establish a best-in-class cannabis company with operations across Canada and around the world. Market recognition of Aurora`s continued performance and strategy execution since we first announced our intention to acquire CanniMed allows us to share that benefit directly with CanniMed shareholders by increasing the offer price, as well as by offering a cash component.” – Terry Booth, Aurora CEO, in a press release

The deal will force CanniMed to terminate its agreement to purchase Newstrike Resources, which will result in a $9.5 million break fee paid to Newstrike.

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Two plastic baggies of cannabis sit on a wooden surface.

Michigan Treasury: Patients Must Pay 6% Tax on Products Bought from Caregivers

Last week Michigan’s Department of Treasury quietly released an administrative bulletin imposing a 6 percent tax on medical cannabis transfers between a licensed caregiver and their patients. The so-called use tax would not be paid by the supplier, rather it is the responsibility of the patient. The tax “for the use and consumption of this property” must be reported on Michigan Individual Income Tax Returns, the directive states.

The notice points out that while state’s General Sales Tax Act and the Use Tax Act exempt traditional medications from state taxes, the exemption does not apply to medical cannabis “because at the time of the sale they are not dispensed pursuant to a prescription.” The tax rules also exempt foods and beverages “consumed for their taste or nutritional value” but those rules do not apply to medical edibles because “they are consumed for their medicinal value rather than for their taste or nutrition.”

The document, dated Jan. 18, also lays out the tax responsibilities for licensed dispensaries under Michigan’s more comprehensive medical cannabis program rules, signed into law by Gov. Rick Snyder in 2016. Dispensaries will pay a 3 percent tax on gross retail receipts, plus a 6 percent tax on sales. The notice indicates that the Treasury will accept tax payments in cash.

In a Facebook post this morning, Michigan NORML confirmed the existence of the new tax and offered the following advice for patients in Michigan:

We have identified several problems with the new policy and we plan to fight this policy all the way through the Michigan Supreme Court if that’s what it takes to overturn this ill-conceived policy reversal. Until this gets straightened out, we are urging patients and caregivers to be extra careful during transactions. Even if this policy somehow remains in effect, it is not retroactive and will not apply to your 2017 taxes. Please be patient and we will continue to keep you informed as new developments become available. — Michigan NORML, on Facebook

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The recently elected Democratic Gov. Phil Murphy of New Jersey

New Jersey Gov. Executive Order Requires 60-Day Review of MMJ Program

New Jersey Gov. Phil Murphy has signed an executive order requiring the Department of Health and Board of Medical Examiners to complete a review of the state’s medical marijuana program and submit any recommended changes for the program within 60 days. The goal of the review is to eliminate access barriers for patients who are not currently permitted under the limited scope of the regime, originally approved in 2010 by former governor and prohibitionist Chris Christie.

“Many aspects of New Jersey’s medical marijuana program are written in statute, but our law is eight years old. Since it took effect, significant medical research has been conducted. Our goal is to modernize the program in New Jersey, bring it up to current standards, and put patients first.” – Murphy, in a press release

The move also requires regulators to review the rules demanding medical professional to “publicly register” as certified medical cannabis prescribers which, Murphy says, has led many medical professionals to choose not to participate in the program due to the potential stigma associated with it.

The order states that “medical decisions must be based on science and health, not ideology or social policy.”

“We need to treat our residents with compassion. We cannot turn a deaf ear to our veterans, the families of children facing terminal illness, or to any of the other countless New Jerseyans who only wish to be treated like people, and not criminals. And, doctors deserve the ability to provide their patients with access to medical marijuana free of stigmatization.” – Murphy, in the release

The release states that Murphy “remains committed” to working with the Legislature on “comprehensive” cannabis reform. Murphy had included tax-and-regulate in his campaign platform. Earlier this month, Sen. Nicholas Scutari introduced legislation to implement adult-use reforms.

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Virginia Legislature Considering MMJ, Cannabis Law Reforms

The Virginia Legislature is considering bills aimed at both medical and criminal justice cannabis reforms, NBC12 reports. The measure being considered by the Joint Commission on Health Care would open up the state’s limited medical cannabis program beyond the one condition – intractable epilepsy – permitted for medical cannabis access; while lawmakers have two bills to consider that would decriminalize simple possession and another that would reduce penalties for first-time cannabis offenses.

The medical cannabis reforms would allow doctors to recommend medical cannabis for patients with cancer, Crohn’s disease, multiple sclerosis, and several other conditions.

Under current Virginia law, courts are allowed to suspend driver’s licenses as part of the penalty for cannabis possession, and all three criminal reform laws would end that practice. The bill to reduce penalties for first-time offenders would also allow offenders to have low-level cannabis charges expunged from their records.

Dana Schrad, executive director of the Virginia Association of Chiefs of Police, said the organization supports reducing possession penalties but was skeptical about broad decriminalization.

“The problem with looking at decriminalization of marijuana is all the other steps that are involved, like the desire to expunge records, which creates a whole different arena of concerns for our courts, for our record keeping systems, for employers who would like to know that, particularly if you’re an employer who considers sobriety or any kind of drug use to be consequential to the job.” – Schrad, to NBC12

Virginia’s Governor Ralph Northam, inaugurated earlier this month, supports cannabis law reforms in the state. In an August letter to the state Crime Commission, Northman said the state’s cannabis sentencing laws are “costly and disproportionately harmful to communities of color.”

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A cannabis worker wearing white rubber gloves sorts through recently trimmed cannabis buds.

Drug Policy Alliance Report Espouses Social Benefits of Legalization

According to a Drug Policy Alliance report, “From Prohibition to Progress: A Status Report on Marijuana Legalization,” arrests have plummeted in states that have legalized cannabis for adults, youth use has remained stable, rates of opioid-related harm have been reduced, highway safety has not decreased, the industry is creating jobs, and tax revenues derived from legal sales are going toward social programs.

Arrests are down. According to the report, Washington has seen the highest reduction – 98 percent – in low-level cannabis-related court filings between 2011 and 2015; in Oregon, arrests are down 96 percent from 2013 to 2016; Alaska experienced a 93 percent decrease in arrests between 2013 and 2015; in Washington D.C., possession arrests are down 98.6 percent, and cannabis-related arrests have fallen 76 percent from 2013 to 2016; and possession charges in Colorado are down 88 percent while cannabis-related court-filings are down 81 percent between 2012 and 2015.

Cannabis-derived revenues are funding schools and substance abuse programs. From 2015 to 2017, Colorado distributed $230 million to the state Department of Education; Oregon has allocated $34 million to its state school fund since legalization; Alaska officials expect to spend $12 million annually from cannabis sales to fund substance abuse programs; while Nevada expects about $56 million over the next two years in state school funding from cannabis sales.

The report estimates that the legal cannabis industry could create 165,000 to 230,000 full and part-time jobs in legal markets. In Colorado, 18,005 jobs were created in 2015 alone, the report says.

Nine states plus Washington D.C. have, so far, legalized cannabis for adult use. Michigan voters will likely decide whether to legalize recreational cannabis in November. Adult-use legalization legislation has been introduced in New Jersey, and New York Gov. Andrew Cuomo has called for a legislative study on potential adult-use reforms.

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Nevada Cannabis Taxes in November are Second Highest Since Program’s Launch

Tax revenues from Nevada’s cannabis industry are continuing to exceed expectations as the state raised more than $5.5 million in November from the 15 percent wholesale taxes on medical and recreational products, and the 10 percent excise tax on adult-use sales, the Las Vegas Sun reports. The governor’s office had projected the industry would bring in an average of $5 million a month from July 2017 to July 2019.

The November figures are down slightly from October’s $5.8 million. In July, the first month of recreational cannabis sales in the state, industry-derived taxes reached $3.6 million, followed by $4.7 million in August. So far, the state has raised $24.6 million. November’s revenues from cannabis excise taxes, about $2.1 million, represents the highest monthly total in the state since legalization.

Adult use sales in Nevada surpassed Washington, Oregon, and Colorado in their respective first months of operation.

Under the law, the wholesale tax revenue is first used to fund state and municipal regulation for the cannabis industry and the remainder is deposited into the Distributive School Account. Excise tax revenues are deposited into the state’s Rainy Day Fund.

State Sen. Tick Segerblom, who strongly supported the voter-approved reforms, has suggested that the revenues could exceed $10 million per month by next year.

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Voting booths set up temporarily in a school gymnasium.

Poll: Nearly 57% of Michigan Voters Support Legalizing Cannabis for Adults

A new Local 4-Detroit News poll has found that 56.6 percent of Michigan voters support legalizing cannabis for adult use, with 36.7 percent opposed and 6.7 percent undecided.

Support was split across party lines, with 71.5 percent of “strong” Democrats supporting the measure, along with 67 percent of those who “lean” Democrat, and 51.1 percent of Independents. Among “strong” Republicans, 43.5 percent supported the reforms, along with 44.7 percent who “lean” Republican.

Respondents indicating they had smoked cannabis at some point in their life were also split – 47.5 percent indicating they had used cannabis at some point, compared to 48.8 percent who claimed they had never tried it. Among those that have tried cannabis, the legalization measure was supported 72.7 percent to 22.8 percent; and for those that had never used cannabis, the majority was opposed – 51.5 percent to 40.6 percent.

Last November, the Coalition to Regulate Marijuana Like Alcohol submitted more than 365,000 signatures to state officials for their bid to put the legalization question to the voters. According to a Jan. 18 Facebook post, the organization indicated that the validation process of the petition has been delayed due to the Elections Bureau giving “extra scrutiny” to another ballot petition. The advocates expect the bureau to take up their petition “sometime in February.”

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A row of French flags sticking out of a balcony in Paris. France.

French Government Report Recommends Fines for Cannabis Charges to Free Up Police

A French government report suggests the nation’s cannabis laws should be reformed in an effort to free up police, calling for fines instead of bringing cases to court, according to a France24 outline of the report, which is due Wednesday. The report recommends introducing a fixed fine of between 150 and 200 euros, allowing police to levy the citation and not get caught up in the bureaucracy of low-level cannabis offenses.

“The fixed fine of 150-200 euros that I propose would enable police officers in the field to stop the legal procedure there and then with the person who has been caught. The advantage of this is that the punishment is immediate and systematic.” MP Robin Reda, co-author of the report, to Le Parisien, translated by France24

During an appearance on French radio, Finance Minister Bruno LeMaire pointed out that France has the highest cannabis consumption rates in Europe – 40.9 percent – but also has the harshest punishments.

“This is my personal conviction: cannabis must not be legalized. On the other hand, we must take a good hard look at where we have gone wrong…we have the harshest laws in Europe, yet the highest consumption rates.” – LeMaire

According to the French government report, in 2015 there were about 64,000 drug-related convictions40,000 for illegal drug use – yet, just 3,098 resulted in a prison sentence. Supporters of the reforms argue that with so few people going to jail following an arrest, police might as well just issue a fine and move on.

Following last year’s election of liberal centrist President Emmanuel Macron, French officials announced that convictions of cannabis possession would no longer result in the possibility of imprisonment. However, government representatives insisted at the time that the plant was not being decriminalized.

 

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Empty judge's chair inside of a U.S. court room.

Pennsylvania U.S. Attorneys Have No Plans to Crackdown on State’s MMJ Program

Pennsylvania’s U.S. Attorneys have declared that they will protect the state’s nascent medical cannabis program from federal interference following Attorney General Jeff Sessions’ revocation of the Cole Memo protections earlier this month, according to a KDKA report.

The revocation effectively allows U.S. attorneys to decide whether or not to prosecute medical cannabis producers under federal law – which classifies cannabis as a Schedule I substance.

“It’s my job to uphold the law here in Pennsylvania; and on a bipartisan basis, the legislature passed and the governor signed a medicinal marijuana law that is very popular.” – State Attorney General Josh Shapiro, to KDKA

“My office has no intention of disrupting Pennsylvania’s medical marijuana program or related financial transactions.” – U.S. Attorney David Freed, to KDKA

Although U.S. Attorney Scott Brady was less clear, telling KDKA that his office would “continue to deploy all prosecutorial tools at our disposal to protect the citizens of western Pennsylvania from those individuals and criminal organizations which traffic in all illegal controlled substances, including marijuana,” he admitted he has no plans to use those tools against state-approved medical cannabis operators.

“Take a look at my record. I have protected the interests of the Commonwealth of Pennsylvania from federal overreach. We have sued the federal government. We have defended the rules of our Commonwealth multiple times, and I haven’t lost yet.” – Brady, to KDKA

In October, regulators gave the green light to Creso Yeltrah to begin producing medical cannabis for the program, which is expected to commence early this year.

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The Vermont Capitol Building in Montpelier, Vermont — VT is the first state to legalize cannabis via the legislature.

Vermont Gov. Signs Cannabis Legalization Bill into Law

Vermont Governor Phil Scott (R) has signed the state’s cannabis legalization bill into law, making Vermont the ninth state to legalize adult-use cannabis and the first to do so without a ballot initiative.

Vermont’s legalization plan will allow adults 21 and older to grow and possess cannabis, but stops short of a full “tax and regulate” system — the commercial sale of any cannabis products is still illegal, as is consumption in public spaces. Adults will be allowed up to possess up to an ounce of cannabis and will be allowed to have two mature and four immature plants at home.

The law takes effect on July 1. 

This is the second legalization bill to successfully pass through both of Vermont’s legislative bodies, but the first effort was vetoed by Gov. Scott, citing public safety concerns, last May.

“After more than 15 years of hard work by MPP and our allies in the state, adults in Vermont no longer need to fear being fined or criminalized for low-level marijuana possession and cultivation. This is a great step forward for the state and the whole region. Responsible adults will soon have the freedom to enjoy a safer option legally, and law enforcement will be free to concentrate on serious crimes with actual victims.” — Matt Simon, New England political director for the Marijuana Policy Project, in a statement.

A survey by the Marijuana Policy Project recently found that 57 percent of Vermonters support cannabis legalization, while a Gallup poll from last November found that 64 percent of Americans — including a GOP majority — would support such reforms.

“The majority of Vermonters, like the majority of the American public, desire to live in a community where responsible adults who choose to consume cannabis are no longer criminalized or stigmatized. Governor Scott should be recognized for helping to provide Vermonters with a path forward at a time when many elected officials elsewhere are clinging to the failed policies of the past.” — NORML Deputy Director Paul Armentano in a statement.

Vermont will join the ranks of Alaska, Washington, Oregon, California, Nevada, Colorado, Massachusetts, Maine, and Washington D.C. in ending the prohibition of cannabis.

Governor’s statement

In a statement submitted to the General Assembly after signing the bill, Gov. Scott said:

Today, with mixed emotions, I have signed H. 511.

As I said when I vetoed S. 22 in May, I personally believe that what adults do behind closed doors and on private property is their choice, so long as it does not negatively impact the health and safety of others, especially children. In this context, it is very important to understand what H. 511 does and does not do.

While this legislation eliminates penalties for adult (age 21 and up) possession of no more than one ounce, and cultivation of no more than two mature plants on their private property, marijuana remains a controlled substance in Vermont and its sale is prohibited. Also, consumption of marijuana in public places is prohibited. Consumption of marijuana by operators and passengers in a motor vehicle is prohibited. And schools, employers, municipalities and landlords are also empowered to adopt policies and ordinances further restricting the cultivation and use.

The governor also suggested that before he will even “begin to consider … implementing a commercial ‘tax and regulate’ system for an adult marijuana market,” he will need to see “comprehensive and convincing plans” to address education issues and strategies for prevention and highway safety — otherwise, activists and lawmakers can expect him to veto any legislation that seeks a regulated cannabis marketplace.

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A top-down view of a young cannabis or industrial hemp plant.

Missouri Legislative Committees to Consider Hemp Bills

The Missouri Senate Agriculture, Food Production and Outdoor Resources Committee is set to consider an industrial hemp pilot program bill today, which would allow the state to issue licenses for industrial hemp cultivation and allow the cultivators to market their products, according to a report from Missourinet. A similar measure was approved by the House last year but died in the Senate.

The measure, introduced by state Sen Brian Munzlinger, would require applicants to undergo a fingerprint criminal background check and bar anyone with a federal or state controlled substance charge within the last five years from participating in the program.

State Rep. Paul Curtman, the author of the failed 2017 legislation, has also reintroduced that bill in the House. It has been sent to the chamber’s Agriculture Policy Committee – which last year passed it 5-1. The House approved the 2017 version 126-26. The Agriculture Policy Committee is expected to take up the measure tomorrow.

In August, Muzlinger told Missourinet that the state was “missing the boat by not being engaged” in hemp production.

Currently, 34 states allow some form of industrial hemp production, including five of Missouri’s border states; Nebraska, Arkansas, Illinois, Kentucky, and Tennessee.

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The Boston city skyline taken from a boat in the nearby harbor.

Marijuana Policy Project Drafting Massachusetts Cannabis ‘Sanctuary State’ Legislation

The Marijuana Policy Project in Massachusetts is drafting legislation which would prohibit state and municipal employees from cooperating with federal authorities in any crackdown on the legal cannabis industry, according to Boston University’s Daily Free Press.

According to Jim Borghesani, the Massachusetts spokesman for the MPP, “The Refusal of Complicity Act” would ensure the state maintains solidarity in curbing the legal cannabis industry in the state.

“So if there’s a scenario – it might be that the federal government decides they are going to charge a legal operator with a crime – no local police agency would be able to participate in that operation in any way whatsoever.” – Borghesani, to the Daily Free Press

MPP Massachusetts Political Director Will Luzier indicated that the legislation may include a section preventing the state from engaging in civil enforcement – which allows law enforcement to seize and sell land used for cannabis cultivation and commerce even if the owner has not been convicted of any crime.

The measure, a move to counteract any federal enforcement on the state’s voter-approved cannabis legalization policy, would need to be adopted by state lawmakers and introduced in the legislature. If approved, it would make Massachusetts a cannabis “sanctuary state.”

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A woman walks into a Shoppers Drug Mart pharmacy, a department store chain in Canada.

Canada’s Shoppers Drug Mart Inks Third Deal to Provide MMJ to Consumers

Canadian medical cannabis producer Tilray has entered an agreement with the nation’s largest provider of pharmacy products and services, Shoppers Drug Mart, to sell its products to consumers, according to a KamloopsBCNow report. This is the third medical cannabis producer to strike a deal with Shoppers Drug Mart – Aphria and MedReLeaf announced their own agreements in December.

“Tilray’s products are currently sold in pharmacies in seven countries around the world. Today’s announcement is another strategic milestone as we aim to build the world’s leading medical cannabis brand by increasing availability of a diverse range of pharmaceutical-grade cannabis products for patients in need.” Brendan Kennedy, Tilray CEO, to KamloopsBCNow

According to the report, all three deals rely on Health Canada’s approval of Shoppers’ medical cannabis producer application. A spokesperson for Loblaw Companies Ltd., the parent company of Shoppers Drug Mart, told the Canadian Press that the company could not estimate when – or if – the approval might occur.

“As the federal and provincial governments finalize their respective cannabis frameworks, we remain optimistic that they will allow pharmacists in stores, in communities to apply their professional care to medical cannabis patients.” Loblaw spokesman Kevin Groh, to the Canadian Press

Adult-use cannabis legalization is expected in Canada in July.

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A judge's gavel rests on top of a blue legal notebook.

West Virginia Attorneys Seek Amendment to MMJ Law Allowing them to Serve Canna-Businesses

The West Virginia Supreme Court of Appeals is seeking public comment on a proposed amendment to the Rules of Professional Conduct which would explicitly allow attorneys to work with medical cannabis businesses in the state.

The proposed new section to the rules reads:

“A lawyer may counsel or assist a client regarding conduct expressly permitted under Senate Bill 386, the West Virginia Medical Cannabis Act, authorizing the use of marijuana for medical purposes and any state rules, regulations, orders, policies and procedures implementing the aforesaid act, as amended. In these circumstances, the lawyer shall advise the client regarding related federal law.”

The change is proposed by Charles M. Johnson of law firm Frost Brown Todd, LLC. after the West Virginia Office if Disciplinary Counsel issued a warning to attorneys in the state claiming that “the use of medical marijuana by licensed West Virginia attorneys remains illegal under federal law and is thusly a violation of the Rules of Professional Conduct” and that “the representation of growers, processors, dispensaries, certifying physicians and other intending to participate in the medical marijuana program … by West Virginia licensed attorney will subject them to discipline and perhaps prosecution.”

The proposed rule change would only address the representation issue.

“The [Medical Cannabis Act] established a complex regulatory scheme, and it would be difficult for prospective participants in the medical cannabis program to implement effective programs complying with the MCA and the new regulations without the assistance of a lawyer well versed in the MCA and the rules adopted by the [Office of Medical Cannabis]. In addition, counsel for the OMC, and lobbyists and lawyers in the legislature that are engaged in prospective changes to the MCA or rules to be adopted thereunder may also be placed in ethical quandaries.” – Johnson, in the amendment proposal filing

All comments must be received by the Appeals Court by Feb. 16.

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Photo taken looking down the street at the Nebraska State Capitol Building.

Nebraska State Sen. Introduces Legislation to Put MMJ Question to Voters

Nebraska State Sen. Anna Wishart has introduced legislation that would allow voters to decide on whether to approve a constitutional amendment permitting medical cannabis access in the state, according to an Omaha World-Herald report. Wishart proposed legislation to legalize cannabis last year, however, the measure failed to gain traction in the legislature.

“Tens of thousands of Nebraskans are needlessly suffering because they don’t have access to medical cannabis, including veterans, children and the terminally ill. Nebraska leaders have failed to act and provide these Nebraskans and their doctors the freedom to make decisions for their patients, without fear.” – Wishart, to the World-Herald

According to the report, it takes 30 votes from lawmakers to get a constitutional amendment measure on state ballots. In 2016, a broad medical cannabis proposal failed to advance coming three votes short of breaking a filibuster by opponents.

Wishart’s 2017 measure would have set up a smokeless medical cannabis program, providing medical cannabis access for patients with 19 conditions, including seizures, post-traumatic stress disorder, anxiety, opioid addition and “any other illness for which medical cannabis provides relief as determined by the participating health care practitioner,” according to the bill text.

Law enforcement officials in the state have taken a hardline stance on medical cannabis, including CBD. In September, the state Attorney General’s Office and Nebraska State Patrol sent a letter to county attorneys and law enforcement advising them that CBD products are illegal.

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