Political

Slow rollout in marijuana sales costs Maine revenue and jobs

From legalization to legal sales, Maine is inching toward the slowest adult-use marijuana rollout in the U.S., with economists saying the three-year wait for stores to open will have cost Maine more than $82 million in taxes and 6,100 industry jobs.

The delay has caused some investors and industry experts to take their dollars and skills to other states, consultants say. Many of those who remain behind, committed to Maine, are spending cash they haven’t got to be ready for a market launch that is two years longer than average.

David Carr and Ray Payne have spent at least $750,000 waiting for that green light. That is what it took to lock down and hold on to the properties and personnel they will need to apply for the licenses required to open a recreational grow, manufacturing lab and retail store in Portland.

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Ray Payne, left, and David Carr of Coast 2 Coast Extracts stand in their empty cultivation warehouse in Portland. The partners have been making lease, insurance and security system payments on the space they hope to use to grow marijuana once the adult-use recreational industry is cleared to launch. Shawn Patrick Ouellette/Staff Photographer

And because this is cannabis, a federally illegal industry without access to traditional banking, Carr and Payne have had to turn to private investors, incurring high-interest debt and handing over equity in the company, to float the business until they can even hope to start making money.

“We are going deeper into debt every day,” Carr said. “We are pretty lucky. We have investors who really understand the cannabis space. They understand the risks, the delays. A lot of people don’t. But it’s debt we shouldn’t have, you know? We’ll be paying for this delay long after we open.”

Maine voted to legalize adult-use marijuana in November 2016. After legislative rewrites, gubernatorial vetoes, and contractual snafus, state regulators are now saying Maine will record its first adult-use sales on March 15, or 1,223 days after voters narrowly approved full-scale legalization at the polls.

The seven states that legalized recreational marijuana use and sales before or at the same time as Maine – Colorado, Washington, Alaska, Oregon, California, Massachusetts and Nevada – required an average of 497 days from legalization to record their first sales.

Even Michigan and Illinois, which legalized adult-use marijuana in 2018 and 2019, predict their markets will launch before Maine’s. Illinois adopted its legalization law last July and is predicting stores will open on Jan. 1, 2020, making its 160-day rollout the fastest in U.S. history.

AN ECONOMIC PLAYER

Maine’s recreational cannabis market will top $158 million in sales its first year and almost $252 million in its second, according to economist Beau Whitney at New Frontier Data, a national marijuana research company that has studied legal and illegal market development in other legalized states.

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These growth estimates are based on state population, marijuana consumption, medical marijuana sales and tourism trends, as well as the similarity of Maine’s proposed regulatory model with other markets. It assumes the black market will continue to serve 25 percent of total demand.

Using a conservative multiplier, where $1 spent is worth $2 to the economy, Whitney projects the adult-use market would have pumped more than $800 million into the Maine economy if the state could have pulled off an average rollout of 497 days instead of its 1,223 crawl to its first sale.

Based on Whitney’s projections, which have proven accurate in other markets, and the state’s tax rate of 20 percent, Maine could have made $82 million in marijuana taxes over those two extra years. That does not include other state taxes that would be collected, like payroll or income taxes.

Based on its projected size, New Frontier estimates Maine’s adult-use market will create 3,967 jobs in its debut year and 6,288 jobs in its second. These are plant-touching jobs only, like growers, chemists and retail clerks. The figures don’t include new indirect jobs, like accountants, security or human resources.

The average wage in the cannabis industry is about $17.50 an hour, or $36,400 a year, but that includes management positions and highly technical jobs requiring advanced degrees, like chemists. Most jobs in cannabis are relatively unskilled positions averaging between $12.50 and $15 an hour.

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During the two years the adult-use market could have been generating profits and creating jobs, Maine’s medical marijuana industry is likely to have taken a hit, however, losing 12 percent of its sales and about 69 jobs, according to Whitney’s estimates. Overall, however, that would still be a win in terms of dollars.

But faster does not always mean better, especially when it comes to marijuana, said Scott Gagnon, head of AdCare Educational Institute of Maine, director of the New England Prevention Technology Transfer Center and member of Maine’s soon-to-convene Marijuana Advisory Commission.

“Never a bad thing to not be in a rush to add a new commercial industry that sells addictive substances,” Gagnon said. “Rush to commercialization hurt states like Colorado and Washington, as it led to issues with youth use, impaired driving and youth access to potent marijuana edibles.”

He would have liked to see the advisory commission begin to meet sooner – it was created in 2018 when state lawmakers overrode Gov. Paul LePage’s legalization veto, but is meeting for the first time just this week – but is hopeful it still has the time to take steps to mitigate these public health issues.

“Now that the industry will be coming on line, I hope we will have robust and productive conversations to ensure we do everything we can to protect our youth and communities,” Gagnon said. “This must take priority over issues of profits and revenues.”

People disagree on the desirability of the delay, but most agree on the reason: former Gov. LePage.

“Maine has really been a bummer, and that bummer has a name: Paul LePage,” said Nic Easley, the CEO of 3C, a national marijuana consulting firm with clients in Maine. “You could have been the first in New England to legalize, but LePage handed all that money, all those jobs to Massachusetts.”

Easley said he knew several entrepreneurs who had considered Maine for business partnerships and investments and opted instead for Massachusetts, a larger state that legalized at the same time as Maine but went live in 2018. Some may return to Maine when sales start, but some are gone for good, he said.

“Who knows exactly what LePage cost you?” Easley said.

RELUCTANCE IN AUGUSTA

LePage was a staunch opponent of adult-use marijuana sales. He campaigned against the referendum question, then vetoed two post-legalization bills. Even after legislators overrode his veto, his administration did nothing to begin the process of writing regulations or licensing the industry.

LePage could not be reached for comment and didn’t respond to attempts to reach him through a former spokeswoman who now works at his public policy group and a former senior political adviser who is now a Washington, D.C.-based Republican political strategist.

There’s more to it than LePage, of course. The referendum in Maine had the smallest margin of victory – 51 to 49 percent – of any state that legalized adult-use sales. And Mainers who want marijuana can get it, either from the robust medical market or a long-lived black market, so there’s been no real public outcry.

Even Maine’s cannabis community was divided over legalization – many medical marijuana growers and patients worried it would spell the end of their market – so politicians didn’t feel overwhelming pressure to deliver on a question that lacked unanimous support among marijuana consumers.

Other states that legalized marijuana with governors who opposed it at the time managed to enact adult-use sales in spite of it, with the likes of Massachusetts’ Charlie Baker and Colorado’s John Hickenlooper eventually turning the people’s will into a reality.

Although LePage never publicly said “not under my watch,” he vowed not to move ahead with adult-use sales until Maine was ready, while doing very little to make that happen. Even after lawmakers overrode his veto, LePage hired no consultants, wrote no regulations, made no staff hires.

“The difference in Maine was you had a governor who just didn’t want to do it,” said Andrew Freedman, Colorado’s former marijuana czar who is now a consultant who has advised Maine on its adult-use rules. “If you’re a governor, you can just kick the can down the road if you want. That’s what he did.”

Matt Simon, the New England political director of the Marijuana Policy Project, said it is only natural to compare Maine and Massachusetts, two New England states that legalized cannabis on the same day. It took Masssachusetts 742 days to log its first adult-use sale, the country’s second-longest launch.

“The rollout in Massachusetts has been frustratingly slow in comparison with most of the West Coast states, but the process has certainly gone much more smoothly and quickly than in Maine,” he said. “It all comes back to Maine having a governor who persistently refused to accept the will of the people.”

According to Greg Huffaker, the director of client services at Canna Advisors who has advised marijuana clients in 40 states and countries, LePage’s anti-marijuana position outdid even former Florida Gov. Rick Scott, who tried every trick in the book to block expansion of that state’s medical cannabis program.

“Some states launch their marijuana programs at the direction of their voters and fix the problems when they come up,” Huffaker said. “Other states, like Maine and Florida, have executives in office that cite all the problems that could happen and say they want to fix them, when what they really want to do is stall.”

PLAYING CATCH-UP

That changed when LePage left office. His successor, Janet Mills, created the Office of Marijuana Policy in the Department of Administrative and Financial Services in February, just one month into her tenure, and began hiring consultants even before they had staffed the office.

The occupants of the new office don’t refer to LePage by name, but talk in terms of before and after a lot.

“I think there’s two different stories,” said Erik Gundersen, the marijuana office’s new director. “I think the ‘what’s taking so long’ is a history before the Office of Marijuana Policy. … Some work had been done, but we ended up having to backtrack on it.”

Under that scenario, Maine would roll out in just seven months, making it the fastest in the country.

Gundersen is proud of how much his office has accomplished in such a short time, and how closely it has worked with both other state agencies and the industry to develop sound state policies and regulations in record time. He hopes that brisk pace will allay any clock-watcher’s concerns.

“We understand people have been waiting a long time and there are a lot of money and small businesses that are waiting for this industry to roll out,” he said. “But at the same time, we have to make sure we do it right because we are still talking about an industry based around a federally illegal drug.”

Study suggests legal cannabis could create over 100,000 jobs in Florida

Florida voters may have the opportunity to legalize recreational marijuana at the ballot box next year, and a new study may help bolster the advocates’ case. 

The study, conducted by New Frontier Data, a Washington, D.C.-based think tank dedicated to providing empirical research on cannabis, suggests that the state could see a significant uptick in jobs over the next several years if pot is legalized. 

John Kagia, chief knowledge officer of New Frontier Data, said that if prohibition is lifted, the number of jobs in Florida related to hemp and pot could swell to 128,587 by 2025—a sevenfold increase from the nearly 17,000 cannabis jobs in the state.

Kagia, as quoted by the Miami New Times, that the types of jobs generated by the cannabis industry vary widely, including “lower-skilled labor roles such as trimmers or budtenders, [plus] higher-skilled workers like extraction tech, chemists, and other manufacturers dealing with edibles.”

The study also said that the Sunshine State could claim a 12 percent share of the entire nationwide cannabis market by 2025, which is expected to total almost $30 billion. 

Marijuana In The Sunshine State

Florida voters overwhelmingly approved a measure in 2016 that legalized medical marijuana, but a year later, the state’s Republican governor at the time, Rick Scott, signed a law prohibiting the smoking of cannabis in all forms. That changed earlier this year, when the state’s current governor, Ron DeSantis, also a Republican, signed a law overturning the ban.

“Over 70 percent of Florida voters approved medical marijuana in 2016,” DeSantis said in a statement after signing the law in March. “I thank my colleagues in the Legislature for working with me to ensure the will of the voters is upheld. Now that we have honored our duty to find a legislative solution, I have honored my commitment and filed a joint motion to dismiss the state’s appeal and to vacate the lower court decision which had held the prior law to be unconstitutional.”

Now, there’s a movement afoot to give voters the chance to go a step further and lift the prohibition on recreational use. Two separate groups of advocates are currently circulating petitions to propose a pair of similar questions on the Florida ballot next year. While both proposals would permit any Florida adult 21 or older to possess marijuana and consume it in private, only one would also permit Floridians to also grow cannabis at home.

Illicit cannabis companies find struggles, success in going legit

For many New York cannabis businesses operating in the illicit or gray market, preparing to go mainstream is essential. Some have made the move and are ready to share their wisdom. For those who haven’t, preparing during the lead up to the state’s eventual adult-use legalization could prove critical to securing a place in the one-day legal market. 

However, making the transition has its series of difficulties. 

New York State currently allows a select few options for cannabis business licenses. Ancillary businesses that don’t directly touch the plant are popular due to their ability to replicate virtually any other market without risk of violating the law. As such, these ventures often require little to no additional licensing, acting as any other legal business would. 

Companies like head shops and manufacturers are also seeing opportunity to a lesser degree. When it comes to the plant itself, though, the closest most companies can currently come to touching it is CBD. Under regulations, CBD cultivators and retailers can sell products, provided that they contain less than .3% THC. 

The only businesses allowed to touch THC-rich plants are the few vertically-integrated license holders granted by the state. New York officials began its program granting five licenses to companies, giving them the opportunity to open four dispensaries and one manufacturing location across New York. 

As program interest grew, parts of the state further suffered from lack of access to a dispensary. The state granted five additional licenses under the same four-dispensary, one manufacturing location arrangement to meet the demand. 

A limit on licenses is just one hurdle. The history of high entry costs have been a constant concern as well.

Estimates suggest that the price of entry for vertically-integrated licenses were between $15 and $30 million, according to various sources. The high price point to enter the space, if it were to open again any time, includes various fees and start-up costs. According to the state Department of Health, fees include a non-refundable $10,000 application, a $200,000 refundable payment to the state and the ability to prove a company can open the five mentioned locations. 

With limited access and a significant financial hurdle to clear, many deemed the venture impossible. Under adult-use legalization, however, access could expand greatly. 

Governor Andrew Cuomo’s so far failed adult-use legalization bill came at the expense of many promising outcomes. Criminal justice reform took the spotlight, and deservedly so. The shortcoming to pass the bill and overhaul a broken justice system, which includes scores of non-violent cannabis offenders, sparked the state to pass decriminalization measures as a momentary plan B for New Yorkers. 

If passed, the Governor’s Marihuana Regulation and Taxation Act would further address criminal justice efforts in the state, emphasizing penal justice and criminal procedure reform. 

Under the bill, entrepreneurs would also see expanded opportunities. The proposed Cuomo bill calls for licenses allowing cultivation, processing, distribution and sales of cannabis to people 21 or older. Licenses would expand to resemble those of other legalized adult-use markets. 

A plethora of business opportunities eventually will exist for companies, such as cannabis transportation, co-operatives, processing and just about every other venture imaginable. One area not likely to have been included in the bill was social consumption, an ongoing topic of discussion in cannabis as of late. 

Some entrepreneurs have already been able to pivot their illicit efforts into the mainstream. Often, this includes growers and cultivators. Adrian Edwards is the founder of Life Gardening Tools, a CBD venture that also focuses on urban gardening and bee advocacy. The company supports ethical beekeeping in Brooklyn, Staten Island and New Jersey in addition to selling an array of products from CBD oil, edibles, accessories and pre-rolled options it calls Hempette’s. 

The now legal CBD grower, extractor and retailer has over a decade of experience in the grey/white market. Most of his time has been in the illicit market, despite always seeking to enter the legal side of the market. 

Edwards, a black man, said he spent much of his time in the illicit market, often referred to as the black market, positing the inherent inequality of the growing legal, or white, market. To date, the industry continues to be largely caucasian-owned after decades of disproportionate policing during the drug war. Such policing continues to be an issue across the country. 

In the summer of 2018, Edwards saw a white-owned hemp store in the city. The revelation inspired him to go legal himself. “I realized if I didn’t get in now, then there was going to nothing but white-owned hemp and THC dispensaries while black people are still arrested and affected by the selective war on drugs,” Edwards explained.

When he wanted to make the transition, he did so with insights from leaders in the community, like Rep. Tremaine Wright, the representative for New York State Assembly District 56, representing the Bedford-Stuyvesant district of Brooklyn. 

Edwards attended a cannabis 101 event Rep. Wright hosted, which educated the community about CBD and its products. Rep. Wright passed on worthwhile advice to Edwards. “She told me to focus on advocacy and education in order to empower the folks who have been barred from benefiting from the cannabis industry,” said Edwards. 

He added, “Local politicians are doing their best to protect and heal their communities from the war on drugs.”

Edwards also credits Gia Morón, Executive Vice President of Women Grow, for teaching him “the importance of long-term thinking, patience, education and being an advocate.” He said Women Grow welcomed him with open arms, allowing him to be a representative for the black male community in the space. 

Going legal led Edwards to spend his time growing numerous revenue streams, including exclusive events and in-store sales. He also had to step out of his community to advance his network and funding. 

“When I first started, people in the African American community really didn’t know or care about hemp CBD. So, initially, I had to go to areas with the people who knew about CBD and had the money to pay for it.” He credits efforts like Rep. Wright’s for bridging this gap.

A year later, Edwards is fully mainstream and licensed. He considers the money, time and effort all worth it. He continues to network and market Life Gardening Tools today, and believes he has a business that can easily translate to an adult-use market if and when New York should legalize. 

He recommends others in the illicit market do the same. 

Transitioning from an illicit venture to a fully licensed one varies for businesses. Avis Bulbulyan is CEO of SIVA, a nationally cannabis consulting firm. Bulbulyan has over 12 years of experience in various cannabis sectors, including the Los Angeles’ Cannabis Task Force . He explained how market, sector, available resources and their commitment to the bigger picture all play a part. He noted a company should expect downtime during the transition. The cease in operation causes a loss in revenue. The downtime can last anywhere from a month to a year. 

“Most illicit operators can’t survive this part of the transition because of a lack of planning, short-sightedness in giving up immediate untaxed revenues for long-term growth and success,” he noted. 

He noted that New York’s current market is even more difficult due to the restriction on available licenses. “If you’re an operator in New York planning to stay in the industry, your best bet is to probably relocate to a different state.”

Bulbulyan agreed the financial hurdle is an issue, but is not the only one causing problems for possible entrepreneurs. He elaborated on what he considers a larger issue under current regulations, licensing. 

“What makes the state difficult is the nature of the licensing process, and the approach regulators take. New York has an extremely restrictive program with limited licenses issued. Being the best grower in the state would have nothing to do with securing a license.”

With scores of hurdles affecting New York and other illicit American cannabis ventures, it is unknown how many will successfully transition as the new cannabis normal sets in across the country. Hopefully, their hard work and sweat equity won’t be lost in the change.

California's Cannabis Compassion is re-legalized

Free cannabis came before legal cannabis. Gifting joints or edibles to sick people who, being sick, couldn’t afford to buy — and couldn’t find relief anyway else besides someone else’s compassion — was central to the ethos of the early marijuana legalization pioneers.

And free weed for some was a boss three-dimensional chess move: busting a career waitress in her 60s known for handing out weed brownies to dying AIDS patients was, for the prohibitionist establishment and for law enforcement, almost as bad a look as busting a pot dealer with a lover dying of the same disease.

This is how medical marijuana became a thing, and providing space for sick and disabled people to come and smoke weed — weed quite often given to them, poor people on fixed incomes — is how retail cannabis stores began. And so one “funny” thing about legal, recreational commercial cannabis was that it made free cannabis illegal, or at least cost-prohibitive.

Charging tax on medicine given away for free was one reason why Dennis Peron, the aforementioned healer-dealer, opposed 2016’s Adult Use of Marijuana Act 20 years after being central to the passage of the country’s first medical-marijuana law, 1996’s Compassionate Use Act. Once legalization kicked in, giving free cannabis to the indigent and ill — a practice known as “compassion” — without paying tax on the “sale” became an outlawed act (although compassion was already on its way out in an increasingly commercial medical-marijuana industry).

Almost three years after voters approved legalization, lawmakers have re-legalized compassion. Earlier this week, among other cannabis-friendly bills passed by the state Legislature, California Gov. Gavin Newsom signed into law the Dennis Peron and Brownie Mary Act (the latter is the aforementioned brownie-provider). Sponsored by state Sen. Scott Wiener (D-San Francisco), the bill allows cannabis providers to gift certain products away to certain people without paying California cultivation and excise taxes, which can exceed 25%.

The California cannabis industry has been clamoring for tax relief since before the first legal gram was sold. High tax burdens are seen by many as the chief driver behind high prices at legal dispensaries — where $20 grams and $75 or $80 eighths are not uncommon — and why California’s underground cannabis economy is still estimated at four times (or more) the size of its legal weed marketplace.

But the Dennis Peron and Brownie Mary Act is more a throwback to those bygone outlaw days. Various cannabis compassion programs, including the Sweetleaf Collective, which still doles out cannabis to AIDS and HIV sufferers in San Francisco, and Operation EVAC, which provides the same to military veterans with PTSD and other afflictions, are now re-legalized. And, the hope goes, there’s now encouragement for more, similar programs.

“For decades, compassion programs have played a critical role in helping low income people with serious medical conditions access their medicine,” Wiener said, according to High Times. “Access to medical cannabis has allowed so many people living with HIV, cancer, PTSD, and other health conditions to survive and thrive. Taxing programs that give away free medical cannabis, and thus have no revenue, makes no sense and has caused far too many of these programs to close. SB 34 will allow compassionate care programs to survive and serve those in need. Many people will be healthier as a result of today’s action by the Governor.”

Will Kentucky Legislators finally pass a Medical Marijuana Bill next year?

A lot of the focus when it comes to news about cannabis naturally goes to the states that have legalized adult-use and medical marijuana. But it’s important to remember that more than a dozen states in the U.S. still don’t have anything approaching a decent medical cannabis program.

One of those states is my home state of Kentucky. Progress toward medical marijuana in the Bluegrass State has been sporadic and painfully slow. Earlier this year, a bill made it out of a committee in the Kentucky House of Representatives, but went no further.

So, next year activists and advocates from all over the state will descend on Frankfort to do it all again. And with things progressing more each year, there is a lot to be optimistic about going into 2020. “Our odds are improving. Citizens are speaking about cannabis more & more which in turn is making our legislators feel more comfortable,” Jaime Montalvo, founder of Kentuckians for Medical Marijuana, told The Marijuana Times.

“We’re fortunate to have a tenacious fighter like Representative Jason Nemes in the House. He and Rep Diane St. Onge worked their caucus hard to gather 53 Co-sponsors & 65 yes votes during the 2019 session. That’s over half the representatives sponsoring the bill, and over 2/3rds that say they’ll vote yes. 

“Hopefully 2020 will give legislators the courage to move medical cannabis legislation forward in Kentucky.”

Next month Kentucky voters will go to the polls to decide who will be governor. Both current Governor Matt Bevin (R) and his Democratic challenger – Andy Beshear – have expressed support for medical cannabis, although Beshear has said it’s something he would like to see on a statewide ballot.

So what it all really comes down to is the Kentucky General Assembly. If you live in the state make sure you find and contact your legislator and make sure they know you support medical marijuana. Besides the Internet, there are also mail and phone options available for contacting your state reps.

Kentucky has emerged as a nationwide leader when it comes to industrial hemp, but there is still a long way to go for hemp’s medicinal cousin in the Bluegrass. And although hemp’s very powerful champion – Kentucky Senator and Senate Majority Leader Mitch McConnell (R) – seems to be aware of broader cannabis issues, there is nothing to suggest he would intervene on behalf of medical marijuana patients in Kentucky and throw some clout around in the statehouse.

So it’s up to us, the people of Kentucky, to seize the momentum and get medical marijuana across the finish line in 2020.

A look at cannabis legislation in Countries around the World

Ever since Canada became the first major country to legalize marijuana for adults a year ago, other nations have been paying attention.

The small South American nation of Uruguay was the first to legalize marijuana for adults. New Zealand, Luxembourg and Mexico are among those that have looked to Canada for guidance or lessons, while Russia has chastised it for its “barefaced” flouting of international anti-drug treaties.

Here’s a look at how Canada’s experiment is playing out internationally and where the next attempts at legalization are coming:

United States

States continue to flout federal prohibition and legalize marijuana within their borders, arguing that the nation’s war on pot has drained law enforcement resources, had a disparate impact on minorities and failed to curb the drug’s popularity.

Thirty-three states and Washington, D.C., have now legalized cannabis for medical or recreational use, with Michigan and Illinois the most recent of 11 states to OK recreational sales.

Last month, the U.S. House of Representatives, with significant bipartisan support, passed a bill that would grant legal marijuana businesses access to banking while sheltering financial institutions from prosecution for handling marijuana-linked money. That would clear up a serious headache for the industry. Many pot businesses have had to conduct sales and pay vendors or taxes in cash, making them robbery targets and also making it harder to detect theft, tax evasion and money laundering.

Advocates say the vote was a sign the U.S., long the world’s leading proponent of the drug war, is ready for comprehensive cannabis reform.

Luxembourg

The small nation of about 615,000 people has decriminalized possession of small amounts of the drug, and since January it has allowed medical use. Now it is aiming to become the first country in Europe to legalize and regulate recreational sales to adults, a development that could lead to broader cannabis regulation in the European Union.

The government has announced that it intends to legalize sales, with Health Minister Etienne Schneider recently telling the Euronews television network that the country’s cannabis legislation will be “inspired by the Canadian model.” Officials estimate that it will take about two years before legal sales begin.

While Schneider said Luxembourg’s legalization won’t force the hand of other EU nations, he said he intended to speak with counterparts in Germany, France and Belgium, the countries that border Luxembourg, and encourage them to explore the possibility of regulating the drug. In the meantime, Schneider said, Luxembourg will respect their prohibitions by limiting sales to Luxembourg residents.

Mexico

Mexico’s Supreme Court ruled last year that the government’s ban on the personal use of marijuana was unconstitutional, the culmination of a series of rulings against prohibition since 2015. That’s helped put Mexico on a path toward full legalization. Before he was even sworn in, President Andrés Manuel López Obrador sent emissaries to Canada to discuss its approach to cannabis.

Things are moving quickly now, with the ruling party’s Senate leader saying the chamber intends to vote on a new legalization measure by the end of this month, following dozens of forums in which politicians, advocates and voters have worked out what a regulated system might look like.

“The importance of Canada having regulated is that it broke the taboo on an international level in a way that Uruguay did not,” said Zara Snapp, a drug policy reform advocate in Mexico City. “For us, what it taught us is there is a path, and that path is possible without there being any apocalyptic sanctions from international bodies.”

That said, after severe drug-war violence, Mexico’s legalization is not likely to mirror Canada’s, where a few massive corporations have dominated production and more artisanal growers have largely been shut out. For example, lawmakers are considering giving greater licensing privileges to indigenous groups, she said.

“We need it to have a way bigger impact than just tax revenue or stock exchange values,” Snapp said. “The things that indicate success in other jurisdictions are not going to be the same indicators of success for us.”

New Zealand

New Zealand will hold a referendum next year on whether to legalize and regulate the adult use of marijuana — the first country to put legalization to a nationwide vote. Officials are still hammering out the exact language, but in a speech last month Justice Minister Andrew Little said the measure would include a minimum purchase and use age of 20; a ban on using the drug in public; limits on home growing, marketing and advertising; a public education program; and licensing requirements for the entire supply chain.

“The approach we are taking is that in the event of a ‘Yes’ vote in the referendum, it will be necessary to have a regime that affords maximum control, so that the obvious risks can be minimized,” Little told a drug policy symposium last month.

Whether the vote will be binding is a matter of dispute. The three parties that make up New Zealand’s governing coalition have vowed to honor it, but legislation would be required to effect legalization, and the center-right party National has not made clear whether it will support the bill.

Advocates have expressed concern about social justice in New Zealand’s legalization efforts as well, suggesting that its model could strike a balance between Uruguay, where access to cannabis is tightly controlled at a small number of pharmacies, and the more commercial approach taken by some Canadian provinces and U.S. states.

Russia

Canada’s legalization hasn’t been uniformly well received. Russia’s representative to the international Commission on Narcotic Drugs lamented the “barefaced” and “blatant violation by Canada of its international obligations” under anti-drug treaties.

“There exists real danger that some other countries may follow the example set by Canada, which would lead to the erosion and even dismantling of the whole international legal foundation of our fight against narcotic drugs,” Mikhail Ulyanov said.

As recently as this month, Russia’s mission to the UN tweeted: ”#Legalization of narcotic drugs, including cannabis, for recreational purposes constitutes a grave violation of the international law.”

But Russia may have ulterior motives in criticizing Canada, given what many world leaders consider to be its own flouting of international law in annexing Crimea, among other issues.

“Russia has its reasons for trying to call out a country like Canada on its commitment to international rule of law,” said John Walsh, who monitors global drug policy with the advocacy group Washington Office on Latin America. “They delight in being able to say Canada is athwart its obligations. But I don’t think Russia’s bluster is going to keep other countries from moving forward.”

What can the end of alcohol prohibition teach cannabis entrepreneurs?

As the United States crawls slowly toward the end of the cannabis ban, the end of alcohol prohibition may provide a roadmap for entrepreneurs.

Nearly 100 years ago, Congress passed a law banning the sale and import of alcohol in the U.S. People who had been drinking all their lives didn't simply quit, as those pushing for the law had hoped. That led to a spike in organized crime, speakeasies and homemade liquor. Thirteen years later, Congress ended the failed experiment by repealing prohibition in 1933.

Cannabis and its byproducts have faced a much longer road. In the late 1800s and early 1900s, a few states placed restrictions on the sale and use of cannabis products. After the Marijuana Tax Act of 1937, cannabis became de facto illegal in the United States. Successive laws, such as mandatory sentencing requirements, reinforced that position.

Prohibition’s Clues For Cannabis

Americans’ relationship with marijuana has come a long way since the days of “reefer madness.” Pew Research Center found that 62 percent of Americans in late 2018 advocated for legalization, up from 16 percent in the 1990s and 32 percent in the 2000s. 

Several states now allow businesses to sell cannabis products legally. Federal legal reform could occur within the next few years, which means companies looking to get ahead of the cannabis craze need to know what to expect.

Still, as Oregon startups learned, cannabis products don’t sell themselves. The post-Prohibition 1930s showed that markets take time to adjust. Whether you’re already in the industry or plan on joining it, be sure to:

1. Prioritize Education

At the end of Prohibition, a generation of people who had been told alcohol was an illegal poison suddenly found themselves able to buy it at supermarkets. Some reacted recklessly, drinking too much and at inappropriate times, while others’ worries kept them from purchasing it at all.

Create a stable customer base by emphasizing education, even for non-psychoactive products. Hawke Media, a marketing agency that works with CBD brands, suggests appointing a chief education officer. This executive’s role should span marketing and product development, using content and packaging to describe the drug’s effects, how to consume it, when to take it and more.

Just as importantly, the chief education officer should ensure compliance with federal and state regulations that prohibit cannabis companies from making medical claims. Despite the fact that people use CBD and cannabis medicinally, there isn’t enough research available yet to sell them as solutions for particular conditions. Be cautious with your phrasings to stay on the right side of the law, especially as that law evolves. 

2. Skip Traditional Marketing Strategies

Even after Prohibition ended, most alcohol companies followed a semi-voluntary advertising ban until the 1990s. Long barred from advertising on television and radio, the internet gave alcohol companies a new form of media to explore. Shortly thereafter, Seagram opted to break the longstanding arrangement, and the rest of the industry followed along. 

Although a similar relaxing of restrictions may be coming for cannabis companies, entrepreneurs in the space shouldn’t count on traditional media. Because the drug is in a legal gray area, many digital and print platforms opt to avoid the controversy entirely. 

Bypass advertising bans by exploring alternative channels. Invest in tactics that promote positive word of mouth, such as influencer, email and social media marketing. Not only does getting your fans to do your marketing for you save money, but it means you don’t have to worry about where the line is with each media outlet. 

3. Welcome New Audiences

Young people may be the poster children for legalization, but Millennials aren’t the only ones interested in cannabis. Other market segments, including aging Boomers, are curious about whether cannabis derivatives like CBD can alleviate their aches and pains.

A recent Cision study that reviewed social media content about CBD suggested its audience may range from working professionals to cancer patients. More than 280,000 posts mentioned pain management, including joint pain, inflammation and chronic cancer-related pain. About 250,000 spoke to CBD’s effects on mental health issues like anxiety, depression and insomnia. 

By the end of Prohibition, campaigns against alcohol use had painted drinkers in a poor light. People who’d only been exposed to anti-alcohol content would not have believed safe, moderate drinking to be possible. Cannabis products face the same battle, so be ready to combat stigmas and embrace skeptics. 

Research, regulations and consumer sentiments move more quickly today than they did in the 1930s. When federal regulators finally give cannabis the green light, get ahead by applying these lessons from Prohibition's aftermath. 

Mandatory testing now required for medical marijuana sales in Oklahoma

The content of your weed could be a lot more than just THC.

News 4 went to the labs responsible for testing medical marijuana in Oklahoma and found out some distributors in the industry are skimping on their safety procedures.

Just drive down North May Avenue and you can't look left or right without seeing a medical marijuana dispensary.

Some are even calling it "The Green Mile."

But are the products you're buying safe?

The industry was unregulated in Oklahoma until the Unity Bill went into effect recently, making safety testing at licensed labs mandatory.

"We're talking about $40 a pound," Wendy Hampton, CEO at Express Toxicology Services, said.

Their Edmond facility mostly tests marijuana sent to them by growers and processors.

"This is medicine, and lots of people with compromised immune systems are using this as a true form of medicine," Hampton said.

That's why it'd be dangerous if the products are not tested for everything, such as metals and pesticides.

And according to some labs licensed to test everything, some in the industry are doing the bare minimum.

"The heavy metals, the pesticides, the microtoxins, all can be lethal things if not looked at properly, and that's the one testing that's not going on right now," William Webb said.

Webb owns Quality Cannabis Laboratories in Edmond.

With a limited number of state agents enforcing the new laws, Webb started going to dispensaries himself.

"Out of approximately 55 dispensaries I went to, only one of them had the correct testing, the full panel," Webb said.

Dispensaries should be able to provide you test results.

Labs are required to keep results for two years and allow the Oklahoma Department of Health access to them.

A look at Canada's cannabis legalization, one year later

REGINA -- Vatic Cannabis Company was the first pot store to open in the Regina area when marijuana was legalized one year ago.

Since then, there have been ups and downs, but CEO Allen Kilback says the first year has been a great learning experience.

“A year ago, you couldn’t walk in this place, we had a lineup to get in, so the industry has changed quite a bit, obviously there’s more stores open, but the novelty of legal cannabis stores has worn out now,” Kilback said.

Many of their customers are regulars with ages between 19 and 91.

Kilback added they’re continuing to look at ways to lower prices and they’ve recently joined together with other independent cannabis stores to form the Saskatchewan Weed Pool.

“We’re operating as a buying group, so we get together once a month, share ideas, talk about consumer trends, we’re really trying to come forward with some positive change,” Kilback said. “We can’t advertise, so there’s quite a disadvantage – especially with our location – so we’re looking at different ways of campaigning/educating the consumers to come support a local business.”

For the Regina Police Service, the first year of cannabis legalization went fairly smoothly.

“It’s had a minimal impact on operations, certainly on day-to-day operations we haven’t seen a huge increase, we haven’t seen a lot of impaired driving incidents with regard to it and even our day-to-day possession or consumption illegally is not something that we’ve seen increase, we have done a bit of work on dispensaries, but generally the impact has been minor,” Chief Evan Bray said.

There were 51 cannabis stores licenses issued by the province and 39 have opened to date. There are currently six licensed stores operating in Regina.

Bray said their biggest issue has been with the illegal dispensaries that have opened up over the past year.

“We’ve taken a fairly public stance when it comes to illegal dispensaries,” he said. “We’ve consistently showed that if we learn of illegal cannabis sales happening in the city, in a location where a license is not possessed, we will take enforcement action.”

Edibles legalization adds another level

The police and Saskatchewan Government are now preparing for the second phase of legalization with edibles, extracts and topicals becoming legal on Thursday.

“It will be very similar to the dried side in terms of the amount of THC, in terms of carrying it with – 30 milligrams equivalent,” Gene Makowsky, Minister of Liquor and Gaming, said.

“It will present a challenge just that it’s another nuance to the legalization aspect,” Bray added. “The where you can possess, how much you can possess, who can possess, those type of things are parallel when it comes to consumption, so it doesn’t if you’re going to smoke cannabis or eat it in a cookie, there still are some rules and those are very similar.”

The Provincial Government expects that it will take about 60 days for edibles, extracts and topicals to be available in stores in Saskatchewan.

Nevada cracking down on marijuana businesses

Nevada officials have begun to crack down on marijuana businesses amid allegations of possible corruption and lax regulation in the state’s young but lucrative industry.

This week, members of a new task force have conducted unannounced spot inspections at several of the state’s licensed marijuana testing laboratories. Those inspections follow allegations of marijuana testing manipulation and concerns over how cannabis products with unsafe levels of mold, yeast and other microbials were able to pass inspection and make it to the retail market in recent months.

And with federal charges levied last week accusing foreign nationals of trying to buy political influence to enter Nevada’s marijuana industry, the state’s Department of Taxation also announced Thursday that it was indefinitely freezing the sale and transfer of marijuana business licenses based on recommendations from the task force.

“Based on the recommendation, the department will not process any existing or new applications for these regulatory activities while this extended review is in place with the goal of ensuring a more thorough and appropriate vetting process within the industry,” the state said in a statement Thursday.

Will Adler, a marijuana policy lobbyist and consultant, said that it was fair to pause license transfers given recent controversies surrounding ownership of the businesses, including lawsuits over the licensing process and the recent federal indictment.

But Adler added he believes that the companies currently going through the license transfer process that have been vetted should be allowed to proceed.

The state announced last month that it would investigate the labs after two health advisories were issued for multiple batches of marijuana product sold in dispensaries but later found to have unsafe levels of mold, yeast and other microbials.

The governor’s office declined Thursday to comment on the inspections.

Randy Gardner, a managing member for Certified Ag Lab in Sparks, confirmed that investigators had been to his lab Wednesday and again Thursday collecting samples of marijuana products for further testing.

“They just wanted a couple samples,” Gardner said Thursday, adding that he believes the state has “every right” to conduct the inspections to ensure consistency and compliance from the businesses that are meant to act as the watchdog for the state’s marijuana industry.

“They’ve been very polite, very nice. It’s not confrontational at all. Their just doing their job,” Gardner said.

Adler, who also serves as executive director for Scientists for Consumer Safety, a marijuana testing lab association, confirmed that one of his member labs had been spot-inspected this week.

“It was a reasonable request that they were able to comply with in less than 30 minutes,” Adler said.

The creation of the task force was triggered by federal indictment last week that charged four men in a scheme to enter Nevada’s marijuana industry with $1 million provided by an unnamed Russian businessman, and hiding the foreign investor’s involvement due to his “Russian roots and current political paranoia about it.”

One of the men charged in the indictment made donations to Adam Laxalt and Wes Duncan, Republicans who ran unsuccessfully for governor and attorney general last year, respectively, with funds from the Russian investor. The campaigns for the two candidates said they would return the money.

The indictment said that the men knew they missed the September 2018 deadline to apply for a business license, “unless we change the rules” by electing a candidate to state office who might “green-light” their effort.

Marijuana companies selling off their state licenses has been a hot market in a Nevada retail cannabis industry that saw $640 million in sales in fiscal year 2019. Four cannabis businesses were sold in the the second half of 2018 for between $40 million and $290 million.

Gov. Steve Sisolak has also been critical of recent issues that have cropped up in the state’s still-growing marijuana industry, including allegations of manipulated product testing, lawsuits over the state’s licensing process and illegal sales to minors.