Inside of an indoor cannabis cultivation grow site.

Montana Lawmakers Considering 6% MMJ Sales Tax

Lawmakers in Montana are considering adding a 6 percent tax on medical cannabis sales which would be diverted to the state’s unrestricted general fund, the Associated Press reports. The proposal, which is being considered by the House Taxation Committee, could raise about $1.1 million annually, and about $100,000 would be used for an armored car and security guard to collect the taxes directly from dispensaries.

The proposal is one of several “revenue enhancers” supported by Gov. Steve Bullock in the Legislature to help bridge gaps in the state budget. Another measure being considered by lawmakers would add a 2 percent tax on cannabis producers.

Democratic state Rep. Tom Jacobson said the tax is needed in order to help the state regulate the industry and ensure product safety.

“The voters put the onus on the state of Montana to ensure the safety and viability of this product,” Jacobson said in the report. “The consumers of this product are relying on us; therefore, comes a cost.”

Kari Boiter, co-founder of the Patient Rights Network, said the sales tax would create financial burdens for patients as many patients have limited incomes. She indicated she spends about $700 a month on her cannabis treatments.

“We’re already dealing with exorbitant medical costs and debt that we’re trying to pay,” she said. “This is just one more thing that adds to the expenses we’re taking on as sick individuals,” she said.

Bullock’s spokesman Ronja Abel called the revenue enhancer proposals “fair and modest,” and deserving of “thoughtful consideration.”

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Under San Diego palm trees on a sunny day.

San Diego Supervisors Ban Cannabis Businesses in Unincorporated Areas

The San Diego County Board of Supervisors has passed a ban on cannabis farms and dispensaries in unincorporated areas, which will force the three dispensaries in the areas to close by 2022 and two more that are still in the permitting process to close in five years if they open at all, the San Diego Tribune reports. The ban, which was not supported by the county’s planning commission, will not impact regulations in incorporated areas.

Planning Commissioner Bryan Woods said the ban will only encourage the illicit market, forcing patients to purchase products that could be harmful, or that the illegal trade would become a public nuisance.

“An unregulated industry without controls, the black market will put product on the market that could be inferior or tainted,” he said in the report.

Lincoln Fish, CEO of Outliers Collective in unincorporated El Cajon, called both the ban and the sunset requirements unfair.

“We played by the rules, exactly the rules that were put forth,” he said. “We did everything we can to play by those rules. And now you’re changing the game on us.”

Supervisor Greg Cox, who voted against the ban, said he expects advocates and cannabis business owners to launch a ballot initiative to overturn the board’s decision. His colleague, Supervisor Dianne Jacob who championed the measure, pointed to problems in Colorado’s legal cannabis industry as justification for the ban.

“We only need to look at Colorado to realize that the legalization of marijuana has been a disaster and has not produced the net revenue,” she said.

Advocates could make their ballot push as early as 2018 when term limits will force out Supervisor Bill Horn – who voted for the measure – and Supervisor Ron Roberts – who voted against it. Jacob will reach her term limit in 2020.

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The Dome of the Rock temple in Jerusalem, Israel.

Israel Grants Preliminary MMJ Cultivation Licenses to 37 Farmers

Israel’s Health Ministry has issued 37 preliminary permits to farmers to build facilities to cultivate medicinal cannabis, according to a Jerusalem Post report. If the farmers receive the additional permits necessary to begin construction, the number of medical cannabis growers in Israel would rise significantly as there are currently only eight licensed producers growing crops for Israeli patients.

The approvals come after the farmers petitioned a court in January to begin the licensing process after the government passed a resolution in June 2016 to expand the number of approved medical cannabis growers. The farmers had been waiting on government officials to perform site checks necessary for permitting – which didn’t happen and forced the court action.

Hagit Weinstock, the farmers’ attorney, said the approvals will help patients better access medicinal cannabis and support government plans to export medical cannabis products; although she was “troubled” that the matter had to be handled in court.

According to a statement from the ministry’s Medical Cannabis Unit, the delays were caused by a lack of resources for the Israeli Police who are tasked with performing the site checks.

“The approval is not a license to work in the field of cannabis but is a preliminary approval – an approval for the planning and construction of the farm and preparation for quality checks, without authorization for [having possession of] the drug,” the ministry said in the report.

Farmers who are given further approval will need to obtain a special license to handle cannabis through the Dangerous Drugs Ordinance.

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Inside of a cannabis cultivation site in Washington state.

AG Jeff Sessions Indicates No Plan to Scrap Cole Memo

U.S. Attorney General Jeff Sessions told reporters on Wednesday that he may maintain cannabis industry guidelines set in place by the Obama Administration for the federal tolerance of state-legal cannabis markets, according to a MassRoots.com report by Tom Angell.

Mr. Sessions recently said that he would be reviewing the Cole Memo of 2013, but now it appears he may leave it in place — with a few possible adjustments.

“The Cole Memorandum set up some policies under President Obama’s Department of Justice about how cases should be selected in those states and what would be appropriate for federal prosecution, much of which I think is valid,” Sessions said in a question-and-answer session following a speech in Virginia.

“I may have may have some different ideas myself in addition to [the memo],” he added; however he suggested that the sudden enforcement of federal prohibition across all legalized states would be unfeasible.

“Essentially we’re not able to go into a state and pick up the work that the police and sheriffs have been doing for decades,” he said.

While these words are likely comforting for many cannabis business owners — the Cole Memo is after all just a memo, which the U.S. Attorney General absolutely has the power to scrap — it is clear that Mr. Sessions’ personal stance on cannabis remains toxic.

In today’s speech, given just moments before answering reporters’ questions, he said:

“I realize this may be an unfashionable belief in a time of growing tolerance of drug use. But too many lives are at stake to worry about being fashionable. I reject the idea that America will be a better place if marijuana is sold in every corner store. And I am astonished to hear people suggest that we can solve our heroin crisis by legalizing marijuana – so people can trade one life-wrecking dependency for another that’s only slightly less awful. Our nation needs to say clearly once again that using drugs will destroy your life.”

While Mr. Sessions deserves some credit for at least recognizing the fact that cannabis is less harmful than heroin, one could wonder why he classifies it as only “slightly less awful” when there remain zero recorded deaths attributed to its use. Meanwhile, alcohol — a fully legal substance — claims more American lives than heroin and prescription drug overdoses combined.

The attorney general did address the difference between medical and recreational marijuana, acknowledging, “it’s possible that some dosages can be constructed in a way that might be beneficial” — but he argued that smoking is a poor method of administering “a medicinal amount.”

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Inside of the Florida State Capitol Building.

Cannabis Decriminalization Bills Filed in Fla.

Bills have been filed in both houses of Florida’s legislature that would decriminalize up to 1 ounce of cannabis and possession of paraphernalia, according to a News 13 report. Individuals convicted of low-level possession would be subject to a $100 fine – or 15 hours of community service if the individual is unable to pay. Individuals under 18 would be subject to 15 hours of community service, a drug awareness education program, or both.

Under current law, low-level cannabis convictions in Florida can result in up to one year in jail or $1,000 in fines. The new proposals (HB.1403, SB.1662) would consider cannabis convictions non-criminal violations, meaning the charges would not be recorded as criminal offenses. The measures also prohibit municipalities from criminalizing such violations and bars denial of financial aid, public housing, or public assistance for those convicted of low-level cannabis possession.

According to the report, Orlando, Daytona Beach, Tampa, and Port Richey are considering their own decriminalization measures; as are Volusia, Osceola, and Flagler counties.

According to the Florida Department of Law Enforcement, 39,706 people were arrested for low-level cannabis possession last year in the state.

The House version of the legislation is in the Criminal Justice Subcommittee, while the Senate Version has been referred to the Criminal Justice, Judiciary, and Rules committees.

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President Barack Obama, the 44th U.S. president.

Federal Cannabis Sentences Declined Sharply Under Obama Administration

During the last five years of the Obama Administration, sentences for federal cannabis crimes plummeted, according to statistics from the U.S. Sentencing Commission outlined by the Washington Post. In 2011-2012 about 7,000 people received federal sentences for cannabis crimes – by 2016 that number was almost halved, to 3,534. Of those, 3,398 were for trafficking cannabis. The other 122 sentenced were for simple possession; however some of those offenders might have pleaded down from a more serious crime.

The number of convictions drops sharply in 2013, the same year that the Justice Department issued the Cole Memo, and one year after Colorado and Washington became the first states to legalize adult cannabis use. Attorney General Jeff Sessions has indicated that the Cole Memo – which directed state attorneys general to allow states to operate their legal cannabis markets without federal interference – is under review. More recently, the Trump Administration forced all of the state attorneys general holdovers from the previous administration to resign.

The report does not include the number of people sentenced for low-level cannabis crimes under state and locals laws – more than 500,000 people in 2015 according to the Post report. Comparatively, in 2015 about 3,500 people were sentenced for federal cannabis crimes.

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The trichome-rich cola inside of a Washington indoor grow site.

Class-Action Lawsuits Filed in Canada Over Tainted Products from Licensed Producers

A third class-action lawsuit has been filed in Canada over tainted medical cannabis sold by Mettrum Ltd., the Globe and Mail reports. The lawsuits stem from patients consuming products that might have contained banned pesticides which allegedly caused them to fall ill.

The new suit is filed on behalf of a Nova Scotia man who claims he became violently ill after consuming medical cannabis purchased from Mettrum, which is federally licensed to sell cannabis products in Canada. The suit follows two others that name Mettrum and OrganiGram Inc. as defendants, which also claims that plaintiffs became ill after smoking tainted medical cannabis products.

In those cases, which involve military veterans, the claimants allege that they experienced a variety of symptoms, including trouble breathing, painful rashes, abdominal pain, and nausea and vomiting, which forced many to seek emergency medical attention.

Scott Wood, a former military policeman who says he was exposed to the tainted products but has not joined the lawsuits, is leading an independent investigation into the potentially tainted products and has obtained evidence from about 100 people who fell ill after consuming the products.

“These symptoms didn’t come out of nowhere. They have to be caused by something,” he said in the report. “How would Health Canada explain so many people with eating [dysfunctions] all of a sudden, who can’t eat?”

Health Canada determined that recalled products were “not likely to cause any adverse health consequences” but has not commented on the proposed lawsuits.

All three suits are seeking court certification before moving forward.

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MedBox Officers Charged with Fraud by SEC

Cannabis vending machine company MedBox have been charged by the Securities and Exchange Commission for misleading investors by creating a shell company to report “bogus” sales, according to the complaint, filed Mar. 11 in the U.S. Central District Court of California.

The SEC alleges that Medbox founder Vincent Mehdizadeh formed a shell company called New-Age Investment Consultant in 2012 and proceeded to transfer 226,000 Medbox shares he controlled to the company, drafting false documents to “paper up the transaction and create the false appearance that New-Age had paid or provided services valued at $522,000 when in truth, New-Age had paid nothing for those shares.”

Mehdizadeh then sold those shares through transactions that led the shares – which were restricted securities not eligible for public sale – to being sold in the public market. Mehdizadeh is accused of selling New-Ages remaining 50,000 Medbox shares for $1.1 million in 2014, which he funneled back through Medbox in exchange for services and equipment that never occurred and he never owned, the complaint alleges.

“Bogus revenues from these transactions, which Medbox falsely described in SEC filings as transactions with a ‘non-affiliated shareholder,’ amounted to nearly 90 [percent] of Medbox’s reported revenue in the first quarter of 2014,” the complaint says.

“As alleged in our complaint, investors were misled into believing that Medbox was a leader in the burgeoning marijuana industry when the company was just round-tripping money from illegal stock sales to boost revenue,” Michele Wein Layne, director of the SEC’s Los Angeles Regional Office said in a Fresh Toast report.  

The complaint also includes Yocelin Legaspi, Mehdizadeh’s former fiancé and New-Age CEO, and Bruce Bedrick, former MedBox CEO, who the SEC claims were both complicit in the scheme. Bedrick is accused of profiting from the scheme by selling 710,000 shares of Medbox for $6,483,180.

Subject to court approval, Mehdizadeh has agreed to pay more than $12 million in a settlement with the government and is barred from serving as a director or officer of a public company or participating in penny stock offerings.

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Inside of a licensed cultivation facility in Washington state.

Ethical Imperatives in Cannabis Advertising: How the Right Branding Can Change the World

People tend to have a lot of mixed feelings when it comes to advertising. They think of Mad Men – a bunch of bourbon-drunk suits staggering around some forty stories in the air, ogling secretaries and trying to put a friendly face on cigarettes or napalm. Normally, concepts like “ethics” and “morality” aren’t the first things that leap to mind.

But as the new cannabis industry grows and its market matures, there is an opportunity – nay, a moral imperative – in how we choose to advertise it. The face we give cannabis products and the industry as a whole has implications that extend far beyond the bottom line.

It actually might change the world.

The benefits of legal green

The Drug Policy Alliance reports that roughly 10,000 “green” jobs have been added to the Colorado workforce since they went legal. Retail clerks, edibles cooks, farmers, trimmers, reviewers, web developers, regulators, consultants, tourism agencies, and a slew of other support services have all sprung up to maintain the new industry. And states with medicinal or recreational legalization are raking in millions in taxes.

What’s more, millions of state and local dollars have been redirected from enforcing pointless marijuana policies to better uses.

According to Seattle Police Spokesman Sergeant Sean Whitcomb, legalization has allowed the SPD to shift a substantial amount of resources toward tackling the heroin epidemic, which is their “number one issue” when it comes to drugs. Low-level pot offenses have dropped by 98% among of-age smokers, and by 63% among all age groups. At the same time, youth usage hasn’t gone up, and neither have traffic fatalities.

“When we’re talking about recreational pot in Washington state, how has it changed our organization? It really hasn’t,” said Sergeant Whitcomb. “I think that’s a testament to the fact that the law has changed. The negative things that some people predicted haven’t come true. Society hasn’t fallen apart.”

Photo Credit: Rory Savatgy

How advertising can affect hearts and minds — and laws

So, where does advertising enter into all of this?

Advertising is the business of influencing perception. It’s about transforming the negativity or indifference that consumers feel toward a particular product into something better, something that makes them excited about it, or at least accepting of it.

If we can do that with cannabis, we can change the world, because awareness and acceptance is followed by legislation. We saw that in the Civil Rights Movement of the sixties, then more recently with the LGBTQ movement for equal rights.

When something becomes normal and everyday – when we realize that it is already a part of our community and that it is something that impacts the people we love – we embrace change. 

The good news is that the people are largely already on our side; the majority of Americans are either pro-legalization or are neutral on the issue. Quality advertising and branding will bring around even more.

To that end, I have three suggestions for cannabis marketers who want to broaden the appeal of their products.

Photo Credit: Jai Williams

1. Think stylish and sophisticated, not stoner

Brand your cannabis products as sophisticated lifestyle additions rather than silly drug accessories.

Think of what craft breweries have accomplished over the past twenty years, for example. They propped up a whole new industry because they didn’t just brand themselves as beer—they portrayed themselves as classy alcoholic beverages with unique identities worthy of collecting. Today microbreweries have distinction on par with wineries.

Part of this involves elevating the language. When people talk about craft beer, they don’t talk about getting wasted. They discuss IBUs and ABVs and bottle-conditioning. Do the same with marijuana. “Pot” becomes “cannabis”. “Buds” are now “flowers”. “Hits” translate into “doses”.

The stoner days of cannabis are quickly moving behind us, and the sooner they’re gone the better.

2. Emphasize the health consideration

These days people are more concerned with their health than ever. Organics foods, fitness and yoga, trading cigarettes for vaping or giving them up altogether – cannabis fits right into this paradigm.

The more we learn about marijuana, the more we realize its manifold health benefits. Work these into your brand and teach consumers that cannabis has a lot more to offer than a mere buzz.

Photo Credit: Jai Williams

3. Tell a story

All advertisers and marketers are familiar with the fact that storytelling is more important than ever when it comes to connecting to the modern consumer. But cannabis is particularly well suited for narrative building.

There’s so much history behind it all. Cultivation techniques and strains passed through the ages. Family farms. Youthful experimentation and transgression. The life lessons it has facilitated. The adventures it has fueled. The music.

We’ve had to force elements like these into campaigns for a million other products, but cannabis lends itself to them naturally. The story of cannabis is long and has implications both social and personal. Leverage it to your advantage.

Part of that story is the approaching nationwide legalization, but it won’t happen without our help. Branding and advertising cannabis in a way that makes it non-threatening, exciting, luxurious, and alluring will change public perception, and with that change so too will the laws evolve.

As we discussed above, the stakes are high. Perhaps never before has advertising had the opportunity to have such a profoundly positive and far-reaching impact on society. Who knows? It might just change the way people think about advertising too.

 

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A line of cloned cannabis plants inside of a licensed Washington grow facility.

Colo. House Passes Bill Limiting Home Grows

Colorado’s House of Representatives has passed a bill that would impose a 16-plant limit on residential grows – part of the state’s efforts to stem the so-called grey market operating in the state, the Denver Post reports. Another bill, currently introduced in the House, creates the Grey and Black Market Marijuana Enforcement Grant Program, which would use $6 million annually from the state’s cannabis sales tax fund to help local law enforcement crackdown on illegal grows.

The 16-plant limit would apply to both individual medical and recreational growers unless their municipality passes further restrictions. Licensed caregivers would still be allowed to grow more than 16 plants; however they would have to grow additional plants in areas zoned for commercial grows.

Greenwood Village Police Chief John Jackson said that the current limit of up to 99 plants is “a massive loophole” in the state law which “attracts criminal elements.”

“Colorado voters did not envision massive, commercial-grade home-grow operations in residential areas and those who maintain that this is in some way permitted by the State Constitution are flat out wrong,” he said in the report.

The grant bill has not yet been voted on by the House, and the home-grow measure will next move to the Senate. If approved by the legislature, both would need to be signed by Gov. John Hickenlooper who has expressed his support for reigning in the state’s illicit cannabis trade.

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Farmstead at the Lycoming County–Sullivan County line, at the base of the Allegheny Plateau escarpment.

Small Pa. Cities Hopeful MMJ Industry Can Help Economic Woes

A group of private investors, including Pittsburgh Steelers legend Franco Harris, have applied to operate a medical cannabis cultivation facility in Braddock, Pennsylvania, which Mayor John Fetterman said would allow the community “to take a giant step forward” after the loss of steel jobs in the Mon Valley, local station KDKA reports.

“It would be a real game changer here in town if we were able to secure the facility,” Fetterman said in the report.

Braddock is vying for one of the few cultivation licenses available under the state’s medical cannabis program – which divides the state into six regions. The town is located in the 11-county southwest corner where only two grower/processor and five dispensary permits are available. Last month the McKeesport planning commission supported a plan for a medical cannabis cultivation site – the town is also located in the southwest sector.

And while the medical cannabis facility would not replace the lost steel jobs, it would employ about 50 to 70 people.

“There are two licenses for southwestern Pennsylvania and I think it’s whole appropriate that two communities that need this economic shot in the arm would be the ones that got the licenses,” Fetterman said.

The Braddock Council is expected to endorse the proposal.

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Virginia Gov. Terry McAuliffe speaking at a campaign rally.

Virginia Gov. Expected to Sign Cannabis Reform Bills

Virginia Gov. Terry McAuliffe is expected to sign three cannabis-related bills that would allow pharmacies to produce and sell cannabis extract oils for epilepsy treatments, and eliminate a state statute that automatically suspends the driver’s license of adults convicted of low-level cannabis possession, according to a WTKR report.

Under SB.1027, “pharmaceutical processors” would be able to obtain a permit from the state Board of Pharmacy to produce CBD and THC-A cannabis oils for epilepsy treatment under the supervision of a licensed pharmacist. Patients would be able to get certification to possess and use the oils from a physician.

Maggie Ellinger-Locke, legislative council for the Marijuana Policy Project, said the measure is “a far cry from an effective medical marijuana program” but “a step in the right direction.”

“Virginia will only be the second state in the nation that has this type of program, the first being Missouri,” she said in the report.

Under HB.2051 and SB.1091 a judge would be allowed to impose a driver’s license suspension for cannabis convictions, however it would no longer be mandated. Juveniles would still be subject to an automatic six-month suspension.

Ellinger-Locke said the cannabis law reforms move the state more in line with the rest of the nation.

“We are optimistic,” she said. “The polling shows that Virginians desperately want their marijuana policy changed and laws reformed in some capacity, and I think that lawmakers are starting to hear the call in Virginia as well as throughout the U.S.”

Once signed, SB.1027 would take effect immediately, while the conviction reforms would take effect July 1.

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The Arkansas State Capitol in Little Rock, Arkansas.

Bill Limiting MMJ Smoking Fails Again in Ark. Senate

The Arkansas Senate has again rejected a medical cannabis smoking ban after the measure was initially defeated by the body last week, the Times Record reports. The proposal received one additional vote this time around but the end result was the same.

Republican state Sen. Jeremy Hutchinson said the voter-approved medical cannabis law includes language that prevents the Legislature from making changes to the measure, indicating that it is the responsibility of the lawmakers to respect the will of the people.

“The point is, they said we couldn’t touch it,” he said in the report.

Democratic state Sen. Linda Chesterfield pointed out that hundreds of thousands of people voted for the medical cannabis amendment and that 35 senators should not “substitute [their] will for theirs.”

Although the bill was defeated last week, the vote was expunged which allowed it to be reintroduced and voted on. Sen. Jason Rapert, the Republican sponsor of the measure, moved to expunge this vote as well, but that was rejected by the Senate. Rapert maintains that smoking should not be an allowed delivery method because children could be exposed to second-hand smoke.

“I’m asking you to protect the state of Arkansas, protect the health of the people of the state and protect our children, for goodness’ sake,” he said.

Rapert has introduced another measure to make changes to the amendment; however the bill is a shell – the information could be added later – and it’s unclear what the proposal would include beyond its purpose “to amend… the Arkansas Medical Marijuana Amendment of 2016.”

Legislators need a two-thirds vote to make changes to the voter-approved amendment.

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North Carolina Greenlights Industrial Hemp Program

Farmers in North Carolina can now apply to grow industrial hemp as part of a pilot program in the state, the Virginian-Pilot reports. The program allows hemp to be cultivated for both research and commerce purposed and officials hope it will help the state’s farms cope with low prices on more conventional crops.

“There has been a tremendous amount of interest in growing hemp,” Sandy Stewart, director of the Research Station for the state’s Department of Agriculture and Consumer Resources, said in the report.

Interested farmers can apply to grow hemp with the state Industrial Hemp Commission. Officials from the Agriculture Department will test the crops to ensure they meet the standards of the federal Farm Bill and growers will have to report the precise locations of the crops using GPS technology. Farmers will report findings to the commission, such as the best soils, how well it sells, the value, and what equipment is required to process crops.

Dave Schmitt, COO of Spring Hope-based Industrial Hemp Manufacturing LLC, said that one potential customer is Volvo Truck North America in Greensboro, who could use hemp for the door panels, head liners, and other auto interior parts. Industrial Hemp Manufacturing used kenaf, a hemp cousin, to produce an absorbent material used during the cleanup of the 2010 Deepwater Horizon oil spill.

Don Parks, manager of C.A. Perry & Son, a farm in Weeksville, said that farmers will likely embrace the crop “if it proves [economically] viable.”

“I can’t wait to see somebody try it,” he said.

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The official state seal of New Mexico, on the floor of the state's capitol building in Santa Fe.

New Mexico Gov. Vetoes Industrial Hemp Bill

New Mexico Gov. Susana Martinez vetoed Senate Bill 6 on Saturday, which would have authorized the state to adopt a pilot industrial hemp program, NPR-affiliate KWRG reports. According to the report, the Republican governor offered no explanation for vetoing the measure, which passed both chambers of the legislature overwhelmingly.

State Sen. Cisco McSorley, who sponsored the legislation, said the governor “has again shown a disregard for hardworking New Mexicans struggling to find a job and provide for their families,” noting that she vetoed similar legislation in 2015.

“Now because of Gov. Martinez, our state’s farmers and rural communities will continue to fall behind as producers across the nation move quickly to capitalize on this versatile crop,” McSorley said in the report. “She owes unemployed New Mexicans an explanation for her years of mismanagement and she owes the public an explanation as to why she continues to reject this common sense job creation measure.”

The measure was not only supported by lawmakers, but also the state Farm Bureau, New Mexico Farm & Ranch, and New Mexico Cattle Growers. The legislation was crafted by the state Department of Agriculture, the New Mexico Cooperative Extension Service, and New Mexico State University.

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Young hemp plants being cultivated in a dry soil region.

Italian Farmers Using Hemp to Remediate Soil Polluted by Steel Mill

Farmers in Italy are planting industrial hemp in order to remediate the soil contaminated by a nearby steel plant; and while the farmers are unlikely able to return the farm to its former glory, they are hopeful that hemp will become their new cash crop, according to a CBS News report. Vincenzo Fornaro once had a herd of 600 sheep, used to produce ricotta and meat, until 2008 when the government discovered traces of the toxic chemical dioxin in the sheep and culled the herd.

The farmers are utilizing the phytoremediation properties of the cannabis plant – much in the same way the plant was used to help clean up contamination caused by the 1986 Chernobyl disaster in Ukraine. Phytoremediation is a process in which contaminants are absorbed by the roots of the hemp plant which stores or sometimes transforms toxins into a harmless substance.

Fornano believes that hemp is the future of his farm.

“We must innovate,” Fornaro said in the report, “and develop in a way that’s ecologically sound.”

Fornano has partnered with CanaPuglia on the project – a startup founded by Claudio Natile, who sells hemp products, including pasta, beer, and oils.

“Hemp is a versatile plant, with strong links to the Italian tradition, with thousands of properties, which over the years has been criminalized,” Naile said in a Slate report.

Hemp cultivation is legal in Italy so long as the grower informs police that they are planting a legal variety of cannabis used for industrial purposes.

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Looking up at the buildings of New York City from the street.

New York Licensed Producers Still Not Profitable as State Considers Doubling Licenses

Despite a recent expansion of the state’s medical cannabis program, New York’s licensed producers are still in the red, Buffalo News reports. The program has been online for just over a year but the current 14,000 registered patients is far from the 200,000 patients estimated at the program’s launch.

Ari Hoffnung, president of Vireo Health of New York, indicated the company “is not close to break-even yet.”

“And based on my understanding, no one has made a dime here in New York,” he said in the report.

Other industry executives said that of the 14,000 registered patients about half are regular customers and the other half have stopped buying legal products because of high costs or long travel distances to one of the state’s 20 dispensaries or because they have died.

State Sen. Diane Savino, one of the bill sponsors, said the program is lacking not only patients but also doctors; there are fewer than 900 physicians signed on to certify patients in the state and two counties do not have a single enrolled physician. Three counties have less than five.

A plan by the Cuomo Administration to allow five more licensed operators has at least one licensed producer “terrified.” Jeremy Unruh, general counsel of PharmaCannis said if the plan is approved the industry “will get blown up” in the state.

“I hate to complain about economics because this is and ought to be about patients,” he said in the report. “But we’re terrified they’re going to allow new production operations.”

An industry insider, who spoke anonymously, indicated that if all of the existing companies were to shut down today they would still have an eight-month supply on hand.

“It’s going to be financial devastation not only for the existing operators but eventually for the new ones,” Hoffning said of the plan. “What they’re doing is instead of creating more patient access, they’re creating more supply, and that supply is not needed in any way, shape or form.”

One company, Bloomfield Industries, was purchased in January by California’s MedMen after experiencing “financial constraints” for at least six months.

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Hadley Ford: Choosing the Right Cannabis Investments

Hadley Ford is the co-founder and CEO of iAnthus Capital Holdings, a cannabis finance and investment firm with active partnerships in four different legal U.S. markets.

In the following interview, our podcast host TG Branfalt interviews Hadley about his life before entering the world of finance, which included five years spent in communes and hitchhiking around Europe and the United States. The two also discuss cannabis companies trading on the Canadian stock market, the many investment opportunities found in cannabis, strategies for choosing the right state market for an investment, and much more!

Listen to the interview below, or keep scrolling to read a full transcript of this podcast.

Subscribe to the Ganjapreneur podcast on iTunes, Stitcher, SoundCloud or Google Play.


Listen to the podcast:


Read the transcript:

TG Branfalt: Hey there, I’m TG Branfalt and you are listening to the Ganjapreneur.com podcast. The Ganjapreneur.com podcast gives us an opportunity to speak directly with entrepreneurs and experts who are working on the front lines of the industry to normalize cannabis through responsible business, education and activism. As your host, I will do my best to try to bring you actionable information to help you plan, grow and manage your cannabis business.

Today, I’m joined by Hadley Ford, co-founder and CEO of iAnthus Capital Holdings. How are you doing today, Mr. Ford?

Hadley Ford: Very well, TG. Thanks for having me on.

TG Branfalt: Absolutely. It’s a pleasure. I start these interviews with talking about the background of my guests. But, through my research I found an article that talks about your experience in Europe. So, before we get into your background, why don’t you tell us about what you did in Europe.

Hadley Ford: About my checkered past, “Come the revolution.” I was an aspiring chemical engineer at the University of Rochester and was thrown out of that school. That’s a story for another time with a beer in front of us or something else to consume. I then spent the next five years hitchhiking around Europe and the United States living in communes with hair halfway down my back and “Come the revolution” and all that good stuff. I had to find a way to support myself so I was a street performer as a juggler and did some big form magic, as well, pulling ropes through people and things like that. Just sort of lived outside the grid for five-ish years.

TG Branfalt: So, now you’re applying a sort of magic to a whole new industry.

Hadley Ford: (Laughs) And a lot of juggling, a lot of juggling as well.

TG Branfalt: Of course, of course. So, now can you tell us how you ended up getting into the financial and healthcare industry?

Hadley Ford: It’s the usual path of anyone who’s going to go work on Wall Street that you have to be a long-haired anarchist living in communes. It was quite a turnaround. I had thought that was the path I was going to be on for the rest of my life, but life had different aspirations for me. Sort of one turn at a time occurred and I found myself back in the United States and I found myself taking night classes up in Boston, at Boston University. And I stumbled into some accounting classes, and I liked that and the next thing you know I was a Finance major at Boston University. After that I became a research analyst at Fidelity. And I went back to business school at Stanford and was recruited out at First Boston, got recruited away to join Goldman, then worked at Goldman really on both the principal side for awhile and also the corporate finance and M&A side, mostly in media and telcomm.

And then I left that and did a little content delivery start-up and competed against Akamai. Sold that company and then re-joined Bank of America as head of the tech group out of New York. And, did that for about three years. I got a phone call from an old client of mine at Goldman; he claimed his father had found a way to cure cancer, and would I sit down with him and figure out how he could finance that? So I sat down and I was so enamored of both of his father and the business plan, that I quit my job at Bank of America and the plushly appointed offices there, and waded into start up a company called Procure Treatment Centers which ultimately became the largest provider of proton therapy in the world. We raised about $800 million privately and saved thousands of lives.

Unfortunately, we depended very heavily on debt capital for the growth of that company. The debt crisis hit; we didn’t have access to growth capital. We ran it as an operating company for three or four years. And then I wanted to do something that was more growth-oriented. So, had an amicable separation and went off to see what the next big opportunity could be.

Around that time, I got a phone call from a guy I’d done a lot of business with when I was at Goldman. Actually, had invested in his company and taken him public, sat on his board. He called me out of the blue and said “What are you doing?” I said I’m looking for the next big thing. He said “I found the next big thing.” I said “What’s that?” And when I’d dealt with him before, he had been emerging telcomm, he’d done some internet stuff, he’d done some virtual currency companies. So I was expecting 1s and 0s.

Instead, he says “Cannabis.” And I laughed. And he said “Why are you laughing, it’s a $50 billion industry we went from black to white.” And I said “I’m laughing because my brother is already the largest provider of medical cannabis in New Mexico and my sister’s one of four licensed operators in Vermont. It’s kind of the family business. And he said “Well, you’re an entrepreneur. Why aren’t you in the family business?” And I said “Well, I’m not really convinced that there’s a national opportunity right now. It’s a very good business on a local basis. You get a license and you finance it with your friends and family and you’ve got a good business. You join the country club and it’s very respectable. But how do you scale that? You can’t ship product across state lines. You can’t even get a trademark or a copyright on your name. I don’t know how you scale it nationally.”

So, this fellow, Randy, who is now my partner, said “Well, we always liked working with each other. Why don’t we figure something out?” So we traveled around the country. Went to conferences. Met with operators. And determined two things, which we may have been able to determine in an afternoon with a six pack. But, the first is that there’s no regular way institutional capital available to the cannabis entrepreneur in the United States. So, if you are fortunate enough to have a license, you had no access to institutional capital for starting your business, growing your business, buying out your partner, or, if you wanted to sell your business, be acquired and have acquisition finance, either.

The second piece is because you don’t have access to institutional capital, you didn’t see all the usual camp followers you’d see in a growth industry. You didn’t have, you know, a lot of accountants, lawyers, consultants, advisors who are there. So, you had this weird anomaly where the entrepreneur has a license but has none of the usual factors of company-building available to him or her.

We thought, “That’s sounds pretty easy.” We’ll just set up a little merchant bank. We’ll raise $200 or $300 million. Charge two and twenty. And, we’ve both built big companies. We’ll go in and help people build companies and provide financing for it. But, for the same reason that Citibank wasn’t going to write a prime plus two loan for someone’s greenhouse, you weren’t going to get CalPERS or Toronto Teachers to give you a $30 million blank check into a $300 million fund. So, we kind of scratched our head about the supply side of the equation for awhile and then we discovered the Canadian public markets, which are really the only capital markets in the world, public or private, that has shown a willingness to provide financing for cannabis operators.

Now, there happened to be Canadian operators and there happened to be Canadian investors, but our supposition was that we could structure something, raise money publicly in Canada, educate the investor there about the opportunities in the U.S., and then flow that money in to support the U.S. cannabis entrepreneurs. That’s sort of the CV that gets me from juggling in Europe and living in communes all the way to providing institutional capital for entrepreneurs in the cannabis space today.

TG Branfalt: So, let’s get right into some of the financials here. What is the importance of harnessing the right skills to support a diversified portfolio of cannabis industry investments for shareholders?

Hadley Ford: Well, I think, you know, if you’re an investor … A sort of public market security investor and you say “Gee, I see this tremendous growth opportunity where, you know it’s really unprecedented where you’ve got a $50 billion market that’s … Think of that reservoir of cash and someone opens up this sluice gate and all that cash is flowing from illegal owners to entrepreneurs who’ve been licensed with background checks, it’s sort of a built-in 30% growth for the next 10 years.

But, there’s no real way for the public investor to sort of access that growth opportunity. So, you’ve got to say “What public companies are there that I can invest in?” Well, you can invest in the Canadian guys, but they don’t have any real exposure to the U.S. market. And then you look at the U.S. public stocks and you’ve probably got 250 companies that used to be Joe’s Mining Company that renamed themselves Joe’s Cannabis Company. And, then you’ve got sort of a handful of companies that are, you know, what I would call operating companies with management teams and operations that are kind of small cap. What you want to make sure from an investment perspective is that those management teams actually have the appropriate backgrounds and excellence and skill sets that you can trust them to actually go execute and make a dollar for you from an investment perspective.

So, what we offer the retailer/institutional investor, from a public security perspective, is a team that has actually worked within the world of finance and corporate governance and regulation and real estate. And, I think people can take great confidence that, when we diligence something or structure something, that it’s being done in the same form or fashion that they would expect someone from Sand Hill Road or Wall Street to do.

So, from an investment perspective, you know I think it provides security that the cash you’re putting to work is going to be put to work in a prudent and effective manner. So, it’s really, you just want to see all those skill sets, if someone’s actually going to be investing money in cannabis, you want to make sure they have the background of diligence and modeling and legal and regulatory and documents and all that sort of good stuff.

Because our view is cannabis expertise are kind of the table stakes, right? You’ve got a vast network of people who help us diligence the cannabis piece of it. But, then the value-add piece becomes “How do you deal with regulation, real estate, making sure you have enough money to build your model out, things like that?” And, that’s the expertise we bring to the table.

TG Branfalt: How much in the early going did you rely on your family to help you navigate this industry?

Hadley Ford: 100%. I mean, it’s a brand new industry. You just really have to have someone you can trust who can educate you on the ins and outs and quirks that are kind of the daily stuff you face in the cannabis industry. So, the idea that I actually had family members that were in the business and they could help get me up to curve on things you have to be aware of and think about was invaluable. And that also allowed us to have that as a launching pad from an investment perspective to raise the initial capital. Because, it’s nice to have a good idea, but it’s a lot better if you actually have some investments that you’re already making.

So, you know, I would say that, without their involvement, there wouldn’t be an iAnthus. It was a nice intersection point or Venn Diagram, as it were, where I had two siblings who were cannabis experts and they had a sibling who was a financial expert. And that’s a nice combination. It’s a confluence of events that was very fortunate for both them and for me.

TG Branfalt: So, moving to kind of a bigger picture, what’s your take on the experience of innovative industrial properties. There’s that real estate investment trust that was focused on cannabis industry properties, you know they were approved for a listing on the New York Stock Exchange in November. They had to reduce that IPO goal from $175 million to $100 million; they cut their number of shares offered by more than half, from 8.75 to 4 million. Why do you think that this failed to gain the traction that it anticipated on this major market?

Hadley Ford: You know, I’d say a couple of things. I’d say one of the big positive … And I was surprised, right, that the New York Stock Exchange approved it for listing. I mean, that is a great vote of confidence for the future of cannabis and the capital markets because, you’re probably aware that NASDAQ has repeatedly denied listing applications to their exchange.

And, ultimately, the Canadian market is a fine place to raise capital now, but the U.S. market is going to be vast and large and need a lot more capital than probably Canadian markets can provide over time. So, you do need to have a working capital market, public market, down here in the U.S. to effectively support the growth of the industry.

So, I think that is a great positive takeaway. Now, technically, why would they go from 175 to 100? Well the people who are involved in innovative industrial had had great success in the past in other industries. In healthcare REITs and things like that. And, I think, probably their anticipation was that you’d have much more institutional participation in a deal. Now, I didn’t see the book and how it was allocated, but my guess would be they had zero institutional interest. Very hard to do an all retail deal of $175 million. Matter of fact, I was talking to people about the deal before it actually went out in the market or before they tried to price it. And I think everyone was of the same view that, from just a pure retail allocation, they were going to be well south of $100 million or being able to get capital out of the market.

So, it wasn’t a surprise to me or really any of the bankers who were watching the deal that it didn’t raise the type of capital it wanted to originally. But, I think, what it did do, was set precedent that there’s an actual cannabis business model listed on the New York Stock Exchange and it’ll be up to them to execute. And, if they execute, I think they’ll be able to raise more retail money. And my expectation would be that, sometime in the next year or two, you’ll start to see institutions play as well, as they become more comfortable with the concept of cannabis within the public markets in the U.S.

TG Branfalt: Do you feel that this political climate is safe to invest in? We’ve got Jeff Sessions who has been an outspoken opponent of legalization, and there’s really been no movement on a federal level for a comprehensive medical program or any sort of major reforms. So, what is your feeling about this political climate in terms of investments?

Hadley Ford: Well, I’m kind of torn. Because, as a provider of capital, I like people to think it’s a wild and dangerous place so it keeps out other providers of capital. But, rather than play the game theory and say yes, it’s very dangerous, don’t come into it, I’ll give you the straight up thought of how I think about it. Because I get this question all the time.

I don’t lose any sleep over it. Let’s call a spade a spade here. I mean, it’s against the law at the federal level. If you go back and look at what Loretta Lynch or Eric Holder said about cannabis in their confirmation, actually worse than what Sessions said. At least Sessions showed some … You know sort of said “OK, there’s the Cole memo and I have to undertake my sworn duty to enforce the laws of the United States.” But it’s a matter of resources and the Cole memo is informative. Go back and look at what Loretta Lynch said. She said “It’s against the law and where we see cannabis, we see violence.” It would make your feet go cold. Frankly, the Obama administration weren’t great friends to cannabis. Eight years, I didn’t see anything get rescheduled or descheduled or decriminalized.

The Cole memo came out, and that was nice. But there was no, as you point out, proactive movement in that direction. And, frankly, I think if you go back and look at what the industry thought about the Obama administration’s view on cannabis, I think there was great disappointment that there wasn’t a more proactive stance. I don’t have any expectation that the Trump administration is going to be proactive, but I don’t have any fear that they’re going to send the Feds in to shut stuff down. I just think it’s way down the list of things that are important to the administration and I do think that many within the transition team and many of the appointees are states rights and that’s the way it’s going to go. I expect, for the next four years, you’re going to have this uneasy peace between the Federal government and the states, but that’s going to be business as usual.

There has been sort of a little pause, from at least my understanding … We’re not in the business of raising private capital, but a lot of the guys we’re talking with are, and they sort of give us feedback that there’s been a little bit of pause in the ability to raise private capital. But I don’t think anyone thinks you’re going to see a proactive roll-back of anything at this juncture.

TG Branfalt: So, I want to talk to you a bit about the Canadian government that is being proactive. But before we get to that, we’ve got to take a short 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 Hadley Ford, co-founder and CEO of iAnthus Capital Holdings. Before the break we were talking a bit about the U.S. Federal government and their inaction under the Obama administration and what we expect to see under Trump.

But your company, as you mentioned, you’re publicly traded in Canada. The Federal government there is expected to announce legalization plans this spring. What do you anticipate, not just the market, but the regulations looking like under Canada‘s plan?

Hadley Ford: You know, that’s a great question. We’re publicly listed up there. We focus primarily on the U.S. markets. I don’t pay too much attention to investment opportunities up there, but I’m generally aware of what’s been going on. I was actually at a conference where this very question came up. I think, first off, it’s probably going to take longer than what people are anticipating. People are saying “Oh gee, it’s going to be very quick.” My guess, it’s going to take a year or two to work through Health Canada and all the regulations and all.

My expectation is that the government is going to have a bigger role in it than people anticipate. I’m not Canadian but I spend a lot of time up there and you know, you see the government has a hand in the sale and distribution of alcohol for recreational use. My guess is they’re going to want to play a role like that from the cannabis perspective as well.

I also think, if they have the same type of stringent production and oversight requirements they have from a medical perspective, that they may have some pricing issues and concerns from the recreational perspective. It may just keep the price at a rate that doesn’t displace the black market. We’ll see. It will play out through time. It’ll be absolutely fascinating to see how the politics are played and who gets to capture the margin and what regulations get laid out on the production side of it.

And, I do think, from a capital formation perspective, anything that increases the interest from a Canadian perspective, increases number of investors who are actively participating in the market up there, helps reduce our cost of capital and allows us to make that money available to the U.S. entrepreneur. So, in a strange way, anything that’s bullish and positive in Canada, it will have a positive effect on the cannabis entrepreneurs down here as it sort of trickles through the capital markets.

TG Branfalt: Do you think that it might force the hand of the U.S. legislature, because now you would have our neighbor with legal, adult-use cannabis?

Hadley Ford: Yeah. You know, I think all these flags that get planted are all part of a general trend … Whatever analogy people use, “Genie out of the bottle,” “Rock rolling downhill” … You’ve got upwards of a quarter of the United States will now have access to full adult-use cannabis when the regs get written over the next year or two.

You kind of run through all the different stages. You have full medical programs or high CBD programs and you have close to 90% of the U.S. population has access to some form of cannabis. You know, it can only be helpful to that direction if a well respected northern neighbor, our largest trading partner and someone who’s been an ally of the United States for 150 years is going to be moving in that direction. That’s only a positive. So, I think, if this continues to move in that direction, I don’t know that they go full-rec for the whole country and all of a sudden the U.S. is going to be doing the same thing. But, it’s clearly a positive indictor and keeps the momentum going the right way.

TG Branfalt: So, in what U.S. states have you made investments?

Hadley Ford: We are in Vermont, New Mexico, Massachusetts and Colorado. On any given day, we are in discussions in a half dozen other states.

TG Branfalt: And, Massachusettsrecreational program is expected to be huge due to its proximity to New York City. And Boston is supposed to be a huge market. Colorado is just rolling … So, why don’t you tell me a bit about New Mexico and Vermont. Vermont is such a small state that, as an investor if you’re aiming at a big money market, it kind of seems counter-intuitive.

Hadley Ford: Well, yeah. We typically look for things that I would call oligopoly situations. And that can be set up either in a town or a region, a state, it can be a license holder in a limited license market, it could be a market share leader in a more competitive market. But we look for situations exactly as you point out, where there’s a big growth opportunity and good returns on the capital we put to work. So, if you look at Vermont, the medical market is nothing to write home about from a size perspective. You’ve got 3-ish thousand registered patients and 4 licensed operators who are divvying that up. But, if you look at it from a full recreational perspective, Rand came in and did a study for the state and estimated the in-state market to be $100 million.

Now, if the full-rec program … They don’t have a referendum process and Massachusetts has to go through the legislature there. But, every time that’s been put forth, last year, year before, it’s made it through the Senate and bogged down in the House. At some point, Vermont will be full-rec. I think it polls 80% among the population and, if you’re one of a limited number of license holders, in every form of the bill and every anticipation is that, if you have an existing license, you’ll be able to participate in the new market. And probably have either an explicit or implicit head start because you already have infrastructure and grow and processing and locations in place. $100 million market, four license holders? That’s a pretty big market. That’s a good opportunity. Plus 13 million tourists go to Vermont every year. So, we like the returns.

Obviously the returns in bigger markets can be bigger. So, you look at a New Mexico, 2 million residents, same type of thing. We’re invested with the market share leader there. There’s good growth, and I think, ultimately, that’s probably a full-rec state. Sort of unclear when that happens, although probably it is more likely now that the House of Representatives is now Democratic rather than Republican in the state.

And then you look at a state like Massachusetts. You kind of have the best of all possible worlds. You have a much larger market, 6-7 million person population, 40 million people within a 250 mile drive of Boston. And, just because of the way the state’s put the process in place, limited number of licenses. So, that’s an ideal market and value creator for us.

Colorado, a different opportunity completely. You’ve got, from a regulatory perspective, the most mature market in the United States. You’ve got $1.2 – $1.3 billion of legal sales in the last 12 months. You’ve got 600 store fronts, maybe 400 operators that control that, a very fragmented market. So, we think there’s great opportunity if you have the capital to actually help consolidate and grow that market. And, that’s how we view Colorado.

So, we’re opportunistic on how we put our capital to work. That’s four different markets with four different opportunities, but I think they all come down to the same piece. Can we put money to work? Is there an oligopoly type situation we could take advantage of? Are we going to have good returns for our shareholders’ money? And the answer in all four of those markets is “Yes.”

TG Branfalt: So you had mentioned this oligopoly system … Would you say this is the best system for investment compared to, say, a Michigan market which still kind of operates in a gray sort of sector?

Hadley Ford: Yeah. We won’t invest in a state unless it has a good state regulatory structure that we think abides by the Cole memo. So we haven’t made investments in California or Michigan. There’s just too much risk around that from our perspective. It sounds funny … Here we are investing in something federally illegal and we’re saying “There’s too much risk.” But, even under the Obama administration, which is supposed to be this friendly counterpoint to Trump, the Feds were very active in hassling people in both those states and people went to jail in both those states under the Obama administration. That’s not a good headline for us to take our investors’ money, invest in something, then have it shut down because they’re not abiding by the Cole memo.

So, until someone actually drafts the full state regs, we’re going to be on the sidelines. It doesn’t mean we’re not looking. We probably have active conversations in those states on a weekly basis. We kind of know the players. We kind of know what we would do. But we want to wait until the path is set within the constructs of the Cole memo.

TG Branfalt: I want to talk to you a bit more about Vermont. But before that, we’ve got to take one more short break. I’m TG Branfalt, this is the ganjapreneur.com podcast.


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TG Branfalt: Hey welcome back. I’m TG Branfalt. This is the ganjapreneur.com podcast. I’m here with Hadley Ford, co-founder and CEO of iAnthus Capital Holdings. Before the break, we were talking about the states in which you have invested in and your reasoning for making those investments. I’m sure that you’ve spoken to a lot of people in Vermont. You have investments there, your sister runs a dispensary there. What are people expecting in terms of recreational legalization? I know that the last bill was seen by many as flawed which is why it wasn’t passed. Not because it was recreational, but because the bill was bad. So what’s your sense from talking to people on the ground?

Hadley Ford: Well, you start from the people, right? I go back to my “Come the revolution” days. The people want it. It polls 80% “Let’s go full-rec.” And the rest of it, I forget the author that said this but, “You never want to watch sausage or laws get made.” It’s political horse trading. They don’t have a referendum process in Vermont. It’s one of 14 or 15 states that don’t have that process to change the law. So you have to go through the legislature.

And it’s just horse trading, right? I mean, it almost doesn’t have anything to do with cannabis at some juncture. You need votes at the committee level and you need votes in the House and you need votes in the Senate. I was up there last year testifying and in the halls of power, and people were making trades. “I’ll vote for you on this if you vote for me on that.” It’s just political machinations as usual. My expectation is eventually you will have a bill. It’ll get passed. I don’t have a particular view on what that will look like. Because I don’t know what deals and trades get made. Someone needs a bridge in their town and that’s how you get their vote. But, I assume it will be full-rec at some point. I don’t know what the odds are this year. There are people putting forth forms of the bill. But you’ll get something this year or next year.

I think when you talked before about pressure surrounding governments, whether it’s Canada to the north of them or Massachusetts to the south of them, eventually I think the pressure will come down on the politicians. They have to do something. And they will.

TG Branfalt: Changing gears a little bit, I want to talk to you about the role that big business should have in the cannabis space. I have a lot of conversations with a lot of people and the overwhelming sense that I get is there were a lot of activists who stuck their neck out on the line and got arrested in the early days of this market. So they have a lot of fear about big business entering the cannabis space. Some of these fears are valid, and some maybe not so much. But you’ve worked on Wall Street and in the healthcare sector, both certainly big business. Is this something that should worry current industry professionals and what role should, or do you see, big business having in this space?

Hadley Ford: I’m not sure really what that means. I hear that “Big Weed,” “Big Business” and I was up in Vermont testifying in front of the Senate committee and they said “We’re worried about Big Weed. You’re Big Weed.” I’m just one guy. My brother and my sister are in the business and they said “Hey, we need money.” And, okay, I know how to raise money; I’ll see if I can get you some. Is that Big Weed? That would be like if they called up and said “Hey we need computers” or “We need a car.” Capital is just one factor of success when you’re an entrepreneur. It’s an absolute necessity. And I think a lot of entrepreneurs understand that. They need the capital.

And I think the worst thing you can do, and I think you could go find this. I think it’s on record. When I was talking to the Senate committee I said “The worst thing you can do if you want to have a strong, vibrant cannabis business and allow entrepreneurs who have a passion and love for this to be successful, is to not give them enough money.” Because an under-capitalized entrepreneur is ripe for the picking from Anheuser-Busch or Phillip Morris. Right? If you’re under-capitalized and you can’t compete, you’re in a bad competitive position. But, if you have unfettered access to capital and you’re living in Vermont or Colorado or Massachusetts, you can build a real business. Because these other guys aren’t there yet.

Anheuser-Busch and Phillip Morris and KKR and Goldman Sachs, they’re not there. The big banks, the big operators, the big consumer goods companies aren’t there. So, now is the time for the cannabis entrepreneur to build a lasting network, a lasting brand, a lasting business with great customer and patient care. But you can’t do that unless you have capital. So, I think having less restrictions on the capital aspect of it, less restrictions on that ability for the entrepreneur to tap into money is very bullish and is in keeping both with my own background of going back to the initial question of being a street performer and I think it’s in keeping with the original people on the front lines here who tore down the walls and allowed cannabis to become the business it is today.

The money piece makes it a level playing field against the big boys and they should be welcoming of anyone who can provide capital in an industry in support of the entrepreneurs today. Because now is the time to build a lasting business. Before the big guys come in. Did that answer your question?

TG Branfalt: Absolutely. Were you, as a person who provides capital to smaller operators, if say, a Phillip Morris or an Anheuser-Busch were to enter the space in one of the states where you have investments?

Hadley Ford: That’s a good question. It depends how they entered. I do think that cannabis today is so fragmented and still trying to figure out the business models, that the craft end of it still has a lot of value. And, I think it would be tough for those guys to come in and compete on that craft basis today. I also don’t think that those players would have any advantage of scale today because there’s really no scale players. I think, if you had a really good, strong operator, and that’s what we think our partners are, we’d probably write more checks in support of them so they could compete on the margin against those guys.

I think the bigger thing that would be worse for our business model, is if we woke up tomorrow and Trump completely de-criminalized it and Citibank was offering Prime plus 2 loans. Now, that would be very beneficial to the partners that we have already, because now they would have access to debt capital and cheap rates and could grow a lot faster. But, it would probably limit the opportunities for us to put capital to work. Right now, essentially, when people need capital, we’re providing the entire capital structure for them.

I think if Citibank were lending a lot of money, we’d only be providing the equity piece of the capital structure. There’d be levered returns so our returns would probably be better, but there would be smaller checks that we’d be writing. So, if someone needed $7 million to build out the operation, right now we would give them the whole $7 (million) and we’d get a nice return on the $7 (million). If Citibank were around, maybe Citi bank gives them $5 (million), we’d only provide $2 (million). Now we’d get a better return on that $2 (million) because it would be a levered return, but we’d only be putting $2 million to work instead of $7 (million).

But, I have no illusions that the market’s going to be free of competition in the long haul and, as I go back to our point, pick your management team, we’ve got a pretty smart team and have been very successful in a lot of industries. I think we’re very flexible and can move quickly. It’s a huge market and we’ll figure out a way how we make money.

TG Branfalt: What advice would you have for the greenest, no pun intended, inexperienced investor?

Hadley Ford: From a public perspective or a private perspective? Or both?

TG Branfalt: Both. Let’s start with public.

Hadley Ford: From a private perspective, be prepared to do a lot of work. Don’t just throw your money into something. This is a real business. It is complicated, it’s tricky. You’ve got a lot of regulatory piece. So, unless, you’re prepared to hire lawyers and accountants and spend a couple of months making sure the Ts are crossed and the Is are dotted, probably not a place to wade in from a private perspective. A lot of guys do. Some will make money and some will lose money. I think if you’re serious about getting a return and you’re allocating some portion of your portfolio to it, you should expect a lot of ancillary expenses around your diligence process that you wouldn’t get if you were investing in the local bakery or something.

I think from a public perspective, it’s such a nascent industry that you really want to understand who the management team is that you’re backing. You look at the United States and, I haven’t counted them up recently, there’s probably 300 companies that align themselves with being in cannabis. I think you could probably take 250 or 270 of those and say they’re probably not worth looking at. They used to be a mining show and someone wrote a business plan and changed the name.

And, then you’ve probably got a dozen or two guys that have real businesses that have revenue derived from cannabis. I would look at the management team. I think the market opportunity is still huge. If you pick the right management team, from a public perspective, they’ll figure out a way to make money for you.

So, do that work. Go online. See what the names are. Google them up. Make sure they have a background of excellence and a background of success. See if their backgrounds actually fit to what they’re saying their model is. You look at us, not to use it as a way to tout our own stuff, but we say “We’re financing cannabis.” Okay, who do we have on our team? Guys who worked in finance and law and real estate and that kind of fits with the model. Do they have a track record of excellence? Yes, they’ve been successful in multiple other forays in their careers. That gives you a level of comfort in a very nascent business.

No one’s got a penny or track record in cannabis that you can validate from a public disclosure perspective, so you are taking a little bit of a flyer on that. I think understanding the team and pitching that team is probably the starting point for how you want to invest on the public side.

TG Branfalt: Let me ask you. Where do you see the cannabis industry, say, by 2020?

Hadley Ford: I don’t anticipate anything in the next four years, three years, at the federal level that’s going to change things. I think you’ll continue to see certain states move toward medical that haven’t. They’ll put a vibrant program in place. You’ll see additional states adopt full-rec. You already have people talking about it in Rhode Island and Maryland and Vermont. So you’ll continue to see that trend as we go forward. I think you’ll also see, maybe this is just believing my own rhetoric, but I think you’ll see a loosening of some of the constraints around capital in these states. A lot of the states say “Gee, you can only control this number of licenses, you have to be a resident of this or that.” They put all these factors in from a capital perspective because they’re worried about, I don’t know what they’re worried about. I guess Big Weed coming in.

But, I think, ultimately, we’ve seen a trend that way too. You had ownership restrictions in Washington, they fell away. You had very stringent restrictions in Oregon and they’ve loosened those. Colorado has moved, you used to have to be a Colorado resident, now you can be a U.S. resident. So, I think, as people recognize, as the politicians and regulatory overlords recognize the benefits, not just the social aspects, but the economic aspects of jobs and taxes that cannabis brings to a state, they’ll say “Gee, it’s silly to put restrictions on the capital.”

As an analog, I would look to California and Silicon Valley. They have no restrictions on capital there. And they’ve created just a huge engine of growth and economic development with tech investment. There’s no reason Denver shouldn’t play that same role within cannabis other than the fact that public companies can’t invest in companies in Denver. Whereas, if they had that restriction removed, I think you could go from 18,000 employees in cannabis in Colorado to 36,000 or it could look like the Sand Hill Road of cannabis.

I would see that trend continue. You might, if this guy O’Neill gets appointed head of the FDA, maybe there’s a re-scheduling of cannabis so you’re going to see more research done in the United States. That would be, I think, a very positive strength. I think the rescheduling might change the 280e tax situation that we have. Which means there would have more cash available for reinvestment at the operating level just from your own operations rather than shipping it off to Washington. And, I’d see that could be possible in the next four years, as well.

I do think it will stay a states rights issue. I think different states will develop different ways of overseeing and regulating it. And the states have been pretty good about copying each other. Guys from Massachusetts go on a junket to Colorado and learn. So, I think you’ll see best practices from a regulatory perspective propagate between all the states as well.

It’s a great, grand experiment. I don’t want to sound like I’m getting on a soap box saying how wonderful it is. Because there’s a lot of stuff that needs to be fixed. But, you’ve got a lot of states that are experimenting a lot of things. You’ve got a lot of entrepreneurs that are experimenting a lot of things. The best will rise to the top. And I think people won’t be shy about copying it and we’ll ultimately meander towards a very functioning, widespread market with capital available for entrepreneurs to build great businesses. That’s the trend and I expect that to continue for the next four years.

TG Branfalt: For everyone involved, we all hope that trend continues as well. My own fears about descheduling … Sort of thinking that it will allow the Big Pharma to enter the market. But that’s a conversation for another time, I think.

Hadley Ford: Hey, look. Big Pharma, they’re not going to be interested in the recreational market. They’re going to be interested in developing big medicines that can help people. A lot of these medicines take hundreds of millions of dollars to develop. So, I’ve got to tell you. People think of me as Big Weed; I don’t have hundreds of millions of dollars to throw at a drug. So, if you want to make society a better place, come up with something that’s just a great use of one of the 70 cannabinoids in the plant to solve some terrible disease. That takes money. So, I’m not averse to doing it. You don’t want people to corner the market around it. But, if you can develop the life-saving drug and it takes that kind of money, let someone come in and have that money. And it would be on a regulated basis, just like Pharma is, and let them develop it. That could be beneficial. So long as they don’t have a monopoly, it’s okay.

TG Branfalt: Well Hadley, I want to thank you so much for the opportunity to chat with you. This has been a really, really enlightening conversation for me and a lot of people who may not understand the finance side of it, and who are afraid of people with your background getting into the industry. I think you’re helping to quell some fears by being kind of on the forefront on this issue. So, I want to thank you so much for joining me on today’s episode.

Hadley Ford: Thank you so much for having me on. It was a pleasure. I enjoyed it greatly and, hopefully, you’ll have me on again sometime in the near future.

TG Branfalt: I certainly hope so.

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 this Ganjapreneur.com app in iTunes and Google Play. This episode was engineered by Jeremy Sebastiano. I’ve been your host, TG Branfalt.

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An autumn landscape in Colorado's Rocky Mountains range.

Colorado Senate Passes Social-Use Measure

The Colorado Senate has passed the much anticipated state-wide social-use measure, allowing local jurisdictions to permit bring-your-own cannabis clubs as long as the establishment doesn’t serve alcohol or food beyond light snack, according to an Associated Press report.

However, the bill does not indicate whether the clubs could allow indoor smoking – and if it does Gov. John Hickenlooper has hinted he will veto the measure. Lawmakers say that the bill will help stem complaints of people using cannabis in public spaces, claiming that public parks and sidewalks have been inundated with cannabis consumption since the state legalized adult-use in 2012. Lawmakers are hopeful that the proposal will put an end to underground cannabis clubs that are operating without the consent of the community.

“We have a lot of problems throughout this state of people publicly using marijuana,” said Republican state Sen. Bob Gardner, the bill’s sponsor. “These marijuana membership clubs are so private that’s they’re more akin to being in your living room than to being in a restaurant.”

Hickenlooper, a Democrat, has voiced concerns that allow cannabis clubs would invite federal interference in the state’s legal market.

“I do think given the uncertainty in Washington that this is not the year to be out there carving off new turf and expand markets and make dramatic statements about marijuana,” he said in the report.

The bill next moves to the House where a no-smoking amendment could be added, making it more likely to be signed by the governor.

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Oregon Cannabis DUI Study Finds No Sign of ‘Epidemic’

According to a study authored by an Oregon Liquor Control Commission official, there has not been “a large spike or epidemic” of marijuana-related traffic fatalities in the state since legalizing cannabis for adult-use.

The study found that in 2004, when the state had only medical and illicit markets, there were 13 traffic fatalities involving cannabis. In 2015, that number increased slightly to 16.

Oregon, unlike Washington State and Colorado, does not have a THC-blood concentration limit for drivers under the state adult-use laws. If a police officer believes a driver is high on cannabis they will call in a “drug recognition expert” who will perform an evaluation, including asking questions and possibly taking a blood or urine sample. State officials decided against a blood limit for THC because it is fat soluble, meaning that it can be found in a human body for weeks after use.

In the report, T.J. Sheehy, the study author, found that THC-related fatal crashes are in fact on the rise in Colorado and Washington, but the numbers are dwarfed by the number of alcohol-related fatal crashes in those states.

Sheehy recommends increasing public education of the risks of cannabis and driving – particularly among teens, expanding the state’s drug recognition expert program, and compiling more comprehensive data.

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The Kansas Capitol Building in Topeka, Kansas.

Kansas Senate Committee Approves Vague MMJ Bill

The Kansas Senate Committee on Federal and State Affairs has approved a bill (SB.151) that would allow doctors to recommend and pharmacists to dispense “non-intoxicating cannabinoid medicine,” the Wichita Eagle reports. Although the bill does not define “non-intoxicating” it’s likely lawmakers are referring to CBD.

Republican state Sen. Ty Masterson, said the measure was a “more appropriate first step” than a comprehensive medical cannabis program.

“There’s some evidence that shows that there’s medical value to that,” Masterson said in the report. “This really sets apart those that are trying to get high versus those trying to get a medical benefit.”

However, the committee was initially supposed to vote on SB.155 – the Cannabis Compassion and Care Act – but SB.151 was offered up as a replacement. The committee was split on substituting 155 for 151, but the latter ultimately passed the committee unanimously. The bill does not include any language indicating cannabis would be grown for CBD-based medicines; however it does indicate that pharmacies would be able to obtain approved medicines from “exclusive distributors.”

The measure moves next to the full Senate for a vote. If approved by the legislature and signed by Republican Gov. Sam Brownback, the law would take effect immediately.

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Marc and Jodie Emery, famed Canadian cannabis activists.

Marc and Jodie Emery Arrested in Dispensary Sweep

The Cannabis Culture dispensaries operated by Marc and Jodie Emery – the so-called “Prince and Princess of Pot” – have again been raided by Canadian law enforcement officials and the couple has been arrested, charged with drug trafficking and possession, the Toronto Star reports. The raids were carried out on all seven of the dispensaries in Toronto, Hamilton, and Vancouver.

Kirk Tousaw, a British Columbia-based attorney, indicated that the Emery’s plan on fighting all of the charges against them. Their lawyer, Jack Lloyd, expected the couple to be granted bail and released today following a hearing.

“Marc, of course, plans to fight as hard as he can and as he always has for the true legalization of cannabis and the end of all arrests in Canada, as does Jodie,” Tousaw said in the report.

Employees were given verbal warning but were not charged. The couple was arrested at Pearson airport en route to a cannabis expo in Spain.

The raids were part of a Toronto police operation called Project Gator, and several private residences were also raided, although it’s unclear whether the Emerys’ residence was targeted.

The couple was also arrested last December; in that case, Jodie was not charged while Marc was charged with drug trafficking.

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Looking at downtown Miami from the water front.

Florida’s Voter-Approved MMJ Law Could be Gutted Under House Proposal

Under the Florida Legislature’s proposed medical cannabis regulations, the voter-approved regime would be more restrictive than before, banning patients from smoking, using edibles, and prohibiting vaporization unless the patient is terminally ill, according to a Miami New Times report. The proposal was met with strong resistance from United For Care who pushed for the initiative during the General Election.

“It goes further than the current statute in terms of restricting medical marijuana,” Ben Pollara, United for Care’s campaign director, said in the report. “There was unanimous agreement that the new amendment would expand use.”

The bill, which is required to adopt the new regime, was introduced by Republican state Rep. Ray Rodrigues. The proposal defines the “medical use” of cannabis as “the acquisition, possession, use, delivery, transfer, or administration of marijuana authorized by a physician certification”; but “medical use” does not include “possession, use, or administration of marijuana in a form for smoking or vaping or in the form of commercially produced food items made with marijuana or marijuana oils, except for vapable forms possessed, used, or administered by or for a qualified patient diagnosed with a terminal condition.”

In a statement posted to Twitter, Pollara said that while he believes “Rodrigues was sincere and thoughtful in his approach and authorship of this law” he couldn’t “help but to be dismayed” by the proposal.

“The bill begins by moving backwards in many ways critical to the letter and spirit of the constitution, and in some cases, the existing low-THC cannabis statute,” he wrote.

Pollara indicated that the measure also takes a step backward in expanding the market for medical cannabis treatment centers.

“Forget about government not being in the business of picking winners and losers, HB.1397 literally picks losers in the issuance of the first tranche of new licenses proposed in the legislation,” Pollara wrote. “The bill calls for the first five licenses issued to be awarded to applicants who previously applied for, but failed to win, a license under the current law.”

Additionally, the bill adds more strict ID requirements, would allow the revocation of a patient’s licenses if they are charged – not convicted – of a drug crime, and mandates an “education campaign” for the adverse health effects of cannabis.

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A cannabis worker in Oregon previewing a nug before selling it.

Oakland, Calif., Makes Changes to Cannabis Industry Equity Rules

Under new cannabis industry rules in Oakland, California potential equity canna-business operators must be city residents for at least 10 of the last 20 years, and their income must be below 80 percent of the city’s average median income San Francisco Gate reports. The residency requirement is part of a larger set of regulations aimed at bringing equity to the sector and reparations to those who were disproportionately policed for cannabis crimes in recent decades.

Lawmakers also struck down a plan to give half of the city’s cannabis permits to individuals jailed for cannabis convictions in the last 20 years or to those who lived in areas with high concentrations of cannabis arrests.

Instead, the permits will be issued in two phases. The first phase still reserves half of the city’s licenses for equity applicants, providing them with technical help and zero-interest business loans. Phase one will end when the assistance program, funded by cannabis industry tax revenues, hits $3 million. Phase two will open the licenses to any qualified applicants.

Current operators who are not considered equity applicants have until Jan. 1 to obtain their permits or they will be forced to shut down – the equity rules will not apply to the eight dispensaries presently operating legally in the city.

The plan was met with resistance by some local operators. Dan Grace, who runs Dark Heart Nursery, said he will have to close the business under the new regime, although he supported efforts to establish equity in the sector.

“We’re sitting here with millions of dollars of investments, millions paid in taxes to the city and 60 local employees. And we’re going to have to shutter our doors,” he said in the report. “It certainly wouldn’t be fair to characterize us as outsiders. We’re all on the same side and the same page in terms of the disparity and the war on drugs and its impact on black and brown communities. (But) we feel the blame is being misallocated.”

Carrol Fife, an advocate for the equity laws, applauded the City Council decision.

“Black folks built this city and we demand ownership in the industry,” she said. “We’re watching the end of an empire… And the part that we need to do to make sure that happens is have that economic base. We do that as owners, not as workers.”

Councilman Dan Kalb indicated that the council might reconsider the residency requirements.

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