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The City of Los Angeles recently launched a massive crackdown on black market cannabis businesses, including cultivation operations, extraction labs, and delivery companies across the city. In Los Angeles, a charge of unlicensed commercial cannabis activity within the city carries a potential sentence of six months in jail and $1,000 in fines.

Los Angeles’ City Attorney Mike Feuer, who has a track record of going after illegal cannabis businesses within the city, summed up the city’s reasoning behind its recent enforcement actions succinctly, saying, “If they’re going to go through this process, it just cannot be the case that others that flout the rules are allowed to function. It’s bad for those who buy from them, it’s bad for the communities in which they’re located and, again, it threatens to undermine the viability of a system that’s predicated on lawful licensing.”

Although there are currently around 165 approved cannabis storefronts and delivery businesses in Los Angeles, there are many more operating without the necessary approvals, a problem that has plagued the city for years and will likely be an ongoing issue.

What the law says

“Commercial Cannabis Activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products.

A current listing of the penalties of cannabis offenses in California can be found here. A quick check of the Federal rules found the following:

“Marihuana CSA Penalties

• 1000 kilograms or more or 1000 or more plants  $10/50 million 10 years to life
• 100 to 999 kilograms or 100 to 999 plants $5/25 million 5 to 40 years 
• 50 to 99 kilograms or 50 to 99 plants $1/5 million Up to 20 years
• Under 50 kilograms, 10 kilograms of hashish, 1 kilogram of hashish oil, or 1 to 49 plants $250,000/$1 million Up to 5 years”

How the law could be more effective

We truly have no desire to revive the “War on Drugs” however, we at the Cannabis Law Report can imagine a scenario where Penal Code Sec. 1170(h) is amended to adopt the Federal penalties for second and subsequent offense convictions for Illegal Commercial Cannabis Activity. We would be willing to bet that while “padlock” procedure might have a small impact, the possibility of up to 40 years of incarceration just might be sufficient to get a substantial number of the recalcitrant black market to come out from underground into the light.

It would certainly provide law enforcement with the tools they need to either stamp out a large portion of the black market or scare some of them straight. The authorities have telegraphed a willingness to charge felonies for environmental damage. It is truly unfortunate, but it might be just what is needed to destroy the black market.

It a reincarnation of the carrot and stick approach – you shove the carrot up their ass and beat them with the stick. As we think this through, it might be possible to implement something like this without requiring legislation. The state and local authorities could selectively turn offenders over to federal law enforcement for prosecution. A very similar approach was deployed in Virginia a number of years ago to deal with illegal firearms and it was incredibly successful.

A successful model in Project Exile?

Project Exile was a crime reduction strategy launched in 1997 in Virginia, by the U.S. Attorney’s Office, as a result of the spike in violent crime rates in the late 1980s and early 1990s. During these years, Richmond, Virginia consistently ranked among the top 10 U.S. cities in homicides per capita. Specifically, in 1994, Richmond was ranked 2nd for homicides per capita, with a homicide rate of 80 per 100,000 residents. Overall, the goal of the project was to deter felons from carrying firearms and decrease firearm-related homicides through both sentence enhancements for firearm-related offenses and incapacitating violent felons.

Essentially functioning as a sentence enhancement program, Project Exile targeted felons who were caught carrying firearms (i.e., felon-in-possession-of-a-firearm [FIP]) and prosecuted them in federal courts where they received harsher sentences, no option of bail, and no potential for early release. Prior to Project Exile, FIP cases could be processed in state courts. Through increasing the expected penalty for firearm-related offenses, Project Exile sought to deter both firearm carrying and criminal use. Additionally, through sentencing more violent offenders to longer prison sentences, the program sought to reduce crime through incapacitating violent felons.

In addition to incapacitating offenders, the program sought to deter would-be offenders. To make the public aware of the sentence enhancements surrounding firearms, a broad “outreach” campaign was implemented using media outlets. The public campaign was implemented to increase community involvement and to send a message of zero-tolerance for firearm offenses. The goal of the message was to indicate a “swift and certain” federal penalty for firearm offenses. Advertised in both electronic and print media outlets, the campaign was featured on city buses and business cards displaying a specific message: “an illegal gun will get you five years in federal prison” (Rosenfeld, Fornango, and Baumer 2005).

The program consisted of a number of distinct elements:

• A felon in possession [“FIP”]  of a firearm would be remanded and denied bail until trial.
• A conviction would result in a MINIMUM sentence of five years in federal prison.
• The convicted felon would be denied commissary, library and mail privileges for the duration of their sentence
• The incarceration would be in a facility AT least a thousand miles from the felon’s home

We think that a similar program would put some black market operators in a “world of hurt” 

Marakabei — Vast white greenhouses sit high up on the slopes of Lesotho’s Marakabei town, hidden from view. It’s not fruit or vegetables, however, growing under the 18 plastic covers, but thousands of cannabis plants.

The cannabis is grown legally by the Lesotho-based company Medigrow and is regulated by the government.

“We have three rows that contain 1,200 plants each. That’s 3,600 plants across the whole structure,” said Medigrow’s head of production Albert Theron, gazing proudly over the crop.

In 2017, the tiny landlocked kingdom of 2.1-million people decided to tap into the booming medical marijuana industry, becoming the first country in Africa to allow the cultivation of cannabis for medicinal purposes.

To meet legal standards, most traces of tetrahydrocannabinol (THC) — the main psychoactive constituent responsible for marijuana’s intoxicating effects — are removed from the seeds. The remaining medical version is primarily made of the non-psychoactive substance, cannabidiol (CBD), and can only be 0.03% THC.

Investing in ‘green gold’

Medigrow has invested $19.3m in cannabis-growing facilities around the capital, Maseru. A heliport is also being built to ensure the cannabis — commonly referred to as “green gold” — is shipped safely and swiftly, said head of operations Relebohile Liphoto.

The investment is spurred by the industry’s positive outlook. The global market for medical cannabis is now estimated at $150bn  and could reach $272bn in 2028, according to Barclays Bank.

“At the moment we have almost 2,000kg of biomass and we are going to produce more than 1,000 litres of CBD oil,” said Liphoto. “Depending on the market, we can sell cannabis oil at between $6,000 and $21,000 per litre.”

Mostly foreign companies

Nicknamed “Kingdom in the Sky”, Lesotho is the only country in the world whose entire territory sits higher than 1,400m above sea level.

Deputy health minister Manthabiseng Phohleli told AFP that the legalisation of cannabis presented “a huge opportunity for the country”, which enjoys 300 days of sunshine per year. “It attracts investors. So far we have about 10 businesses operating on the territory.”

Entirely surrounded by SA, Lesotho is also one of the poorest countries in the world, ranking 159 out of 189 in the latest UN human development index. Unemployment is high, public services are scant, and almost a quarter of the population is infected with HIV.

The government charges €30,000 for a one-year renewable licence to grow cannabis. But the cost is too steep for most locals, and the market is dominated by foreign companies, mainly from Canada and the US.

Basothos miss out

Mothiba Thamae has been growing apples, peaches and raisins on 7.5ha of land for over two decades. He cannot afford the “green gold” licence.

“We hoped the government would give small Basotho farmers the opportunity to cultivate [cannabis] legally,” he said, referring to Lesotho’s main ethnic group. “Unfortunately they did not.”

Year-long sunshine and fertile soils make Lesotho ideal for cannabis plants. Known as “matekoane” in Sesotho, the country’s national language, it has been grown for centuries in rural areas.

“The first historical trace of matekoane dates back to the 16th century,” said Laurent Laniel, a researcher at the European Monitoring Centre for Drugs and Drug Addiction. “The Koena people are believed to have settled in Lesotho around 1550 by buying land from San groups in exchange for marijuana.”

‘Cannabis money is a bonus’

To this day, cannabis remains an important source of revenue for many small-scale farmers. Shasha owns a corn field in the centre of the country, on which he has also been growing cannabis illegally for about 20 years.

“The vegetables feed my family. Cannabis money is a bonus,” said Shasha. “It allows me to survive and pay for my children’s education.”

He sells his matekoane to a network of dealers such as Jama, who smuggles up to 80kg of cannabis across the border to SA each month. “That yields between €400 and €500,” he said.

The UN office on drugs and crime estimates that 70% of marijuana consumed in SA is grown in Lesotho, making cannabis the country's third source of revenue.

All good business plans require a financial projection. Creating a financial projection is both an art and science. A financial projection will include projected sales, budgeted expenses, a balance sheet, cash flow, and sources and uses of funds. Also, a financial projection will help determine how much funding will be needed and the projected return on the investment (ROI).

For most cannabis and hemp/CBD operators, the problem in creating a financial projection is they don’t have any historical data or industry benchmarks. If we were assisting a chemical manufacturer or construction company prepare a financial projection, we could obtain benchmark financial information from third party providers. Unfortunately, these third-party providers do not have any historical data on the cannabis or hemp/CBD industries. There are a few companies on the Canadian Stock Exchange; however, most of the companies are consolidated operations of vertical, distribution, and dispensaries making them difficult to analyze.

With the explosive growth of the cannabis and hemp/CBD industries has come the need for good financial projections. On nearly a weekly basis, we either review or help clients prepare a detailed sales forecast, budgeted expenses, build a balance sheet or a statement of operations and cash flow. One of the key advantages that we utilize in helping our clients build solid financial projections is the data that we have collected over the last ten years of serving the cannabis and hemp/CBD industries.

In addition, we have the information categorized by type of operator: vertical, cultivator, processor, distributor, delivery, dispensary, or retailer, which is very beneficial to our clients. We also have key data where markets range from limited competition to over-supply, such as Oregon and Colorado. As an example, we can help quantify the plant yield and cost per yield for a cultivator that grows indoor vs. greenhouse vs. hoop house vs. outdoor. These analyses are very useful and facilitate educated decision making and strategic planning.

Also, an important consideration is how much working capital is needed for inventory for each type of operator. In a projection, the most common error that we find is the amount of working capital needed; the working capital is typically under-estimated.

The financial projection should reflect five years of balance sheets, statement of operations, and cash flows. Generally, we recommend a detailed forecast of operating expenses by department for at least two years. This is built by working with management and the operators and then the budget becomes a measurement tool. We also analyze production or sales capacity of each unit to be grown, produced, or sold and review our findings with management.

The governor of Michigan says she has ordered the state’s health department to put out emergency rules banning the sale of flavored e-cigarettes in both brick-and-mortar stores and online for six months. She also announced plans to prevent companies from marketing the products as “clean,” “safe,” “healthy,” and with other terminology that would present vaping as a harmless alternative to smoking tobacco.

“As governor, I’m going to do it unilaterally until I can get the legislature to adopt a statute and write it into law,” Governor Gretchen Whitmer told MSNBC. “This is too important.”

The issue has become one of concern around the world as vaping technology steadily replaces cigarettes as the preferred method of tobacco intake for many users. Recently, many high profile cases of health risks caused by vapes containing both tobacco and marijuana have surfaced in California and Milwaukee, among other US locations.

Last month, the Centers for Disease Control and Prevention released data showing that 215 cases of severe lung illness that could be attributed to vaping had taken place recently. The report was unable to say how vaping could have led to the health risk, and stated that the agency would be continuing to investigate what, exactly, was leading to the hospitalizations.

Spread of vaping technology has been aided by aggressive marketing campaigns on the part of vaping companies. Phillip Morris came under fire in March when plans were publicized to launch a channel on Vice Media’s UK platform featuring vaping ads, potentially violating England’s laws against advertising tobacco products to minors.

Though Michigan would be the first state to launch such a ban, other jurisdictions have moved to keep e-cigarettes out. San Francisco’s Board of Supervisors voted in June to ban the products, citing a similar concern over user health. But the city has now become a battleground for the issue, largely due to the fact that the Juul corporation is located in San Francisco itself. In fact, Juul announced the purchase of a new 29-floor building to accommodate its expanding staff — on the very day of the Board of Supervisors’ vote.

Now, Juul has thrown $4.3 million — more than any other political group in this election cycle — into a ballot measure campaign that would reverse the ban, and has hired activists across the city to hype the fact that many adults use vaping products to kick addictions to smoking.

The company is on track to spend more money on a San Francisco ballot measure campaign than any other entity in the city’s history. That price tag, perhaps, is a healthy reminder that as technology and product preferences among consumers change, the one thing that doesn’t is the power of corporations to influence our personal health.

President of the American Vaping Association Gregory Conley commented that the Michigan vaping ban could actually be dangerous for the state’s residents, saying that it “could send tens of thousands of ex-smokers back to deadly combustible cigarettes.”

Cannabis consumers report that it aids in alleviating symptoms of cramping, abdominal pain, nausea, and poor appetite associated with IBD.

Cannabis has been utilized in the treatment of gastrointestinal issues for hundreds, if not thousands of years. Even before the discovery of the endocannabinoid system in the human body, the use of cannabis has been shown to alleviate symptoms of gastric distress.¹ Could cannabis play a role in improving quality of life and providing symptomatic relief of inflammatory bowel disease?

Inflammatory bowel disease (IBD) is a challenging, long-term disorder typically characterized by chronic inflammation of the digestive tract. IBD is further subdivided into ulcerative colitis and Crohn’s disease. Ulcerative colitis causes inflammation and sores within the lining of the large intestine and rectum, while Crohn’s disease is identified by a more generalized, deeper inflammation of the entire digestive system. Both classifications may involve weight loss, abdominal pain, diarrhea, and fatigue. In some cases, IBD can lead to life-threatening complications.² Additionally in younger patients, delays in puberty and growth failure may occur.³

The cause of IBD is not completely established, though it is likely that genetics coupled with a dysregulated immune system may result in an inappropriate inflammatory response in the gastrointestinal tract. Current pharmacologic interventions focus on immune suppression and may include antibiotics, corticosteroids, aminosalicylates, and biological therapy. In some cases, surgical intervention may be necessary.⁴

Using animal and human cell lines in experiments, it has been theorized that a lack of naturally produced endocannabinoids in some people may result in the body being unable to control the inflammatory process in the gastrointestinal tract. Consumers of cannabis report that it aids in alleviating symptoms of cramping, abdominal pain, nausea, and poor appetite. It is believed that supplementing an under-producing endocannabinoid system results in improved quality of life and reduction in symptoms.⁵

In a study comparing tetrahydrocannabinol (THC), cannabidiol (CBD), and sulfasalazine in the treatment of intestinal inflammation in rodents, it was discovered that the most effective therapy was a combination of low dose THC with CBD. The research is promising for developing a safer, more effective treatment for IBD, especially due to a lack of psychoactive effects when using CBD in combination.⁶

In another study, scientists used CBD without THC to determine the efficacy of inflammation reduction. They discovered that if CBD was given before inducing a flare up, it prevented inflammation from occurring. Additionally, if a patient was suffering from an active flare-up, administration of CBD reduced inflammation.⁷

There is growing evidence to suggest that more specific cannabinoids such as cannabigerol and THCa may be especially useful in alleviating IBD symptoms. It is important to note that THCa needs to be consumed orally in order to derive benefit from it.¹

Additionally, terpenes such as beta-caryophyllene and myrcene have proven to be beneficial for abdominal pain relief. Specific strains that contain the previously mentioned cannabinoids and terpenes include Sour Diesel, Tangie, Cookies, and Durban are the most commonly cited.¹

While further research is integral to clearly identifying the best possible treatments for IBD, it is at least encouraging to see cannabis be a part of the conversation moving forward.

1. Backes, M. (2014). Cannabis pharmacy: the practical guide to medical marijuana. New York: Black Dog & Leventhal Publishers. 43, 216.

2. https://www.mayoclinic.org/diseases-conditions/inflammatory-bowel-diseas...

3. Leinwand KL, Gerich ME, Hoffenberg EJ, Collins CB. Manipulation of the Endocannabinoid System in Colitis: A Comprehensive Review. Inflamm Bowel Dis. 2017 Feb;23(2):192-199. doi: 10.1097/MIB.0000000000001004. PubMed PMID: 28079617; PubMed Central PMCID: PMC6038810.

4. Ahmed W, Katz S. Therapeutic Use of Cannabis in Inflammatory Bowel Disease. Gastroenterol Hepatol (N Y). 2016 Nov;12(11):668-679. PubMed PMID: 28035196; PubMed Central PMCID: PMC5193087.

5. https://www.medicalnewstoday.com/articles/322764.php

6. Jamontt JM et al. The effects of delta-9-tetrahydrocannabinol and cannabidiol alone and in combination on damage, inflammation and in vitro motility disturbances in rat colitis. British Journal of Pharmacology. 2011;160:712-23.

7. De Filippis D et al. Cannabidiol Reduces Intestinal Inflammation through the Control of Neuroimmune Axis. PLoS ONE. 2011;6(12):e28159.

Likes, views, clicks, swipes, counts, seconds, minutes, grams and liters consumed.

In a world of limitless measurement, data analysis has helped companies to enhance day-to-day operations. In the cannabis business, many pioneers have begun to implement data analysis and optimization to keep ahead of the curve.

But it's one thing to collect data, it's another to understand how it can be used to inform your decisions. Here are a few key items to understand.

1. Identify your data experts

Amid the constant whirlwind of a rapidly scaling industry, it is often difficult to make sense of all the data being captured. Moreover, how do you know if it is accurate and useful? 

The answers to these questions may be right under your nose. Ask your team and your integrated platforms how you can do things better with data. Typically both the platform account representative or a team manager has thought of a better path for you and your data but doesn’t know how to bring it up. As a leader, you want to set a proactive measure in discovery.

2. Focus on your acronyms

Whether its a Point of Sale (POS), Enterprise Resource Planning (ERP), Customer Relationship Management (CRM), or your accounting software (QBO for Quickbooks), each acronym contains relevant information that is ripe and ready for assessment.

Within these trackers are rich examples that can be used to monitor performance, find your top talent, and enhance accountability. Whether it’s your product sales trends, quality control checks, manufacturing process intervals, or budtender satisfactory score, as a business owner, it is crucial to know where to find what data you are capturing.

3. Work with a reputable third-party data service

Not all data about your product is available to you through your internal analytics. For this reason, if you have the budget, it may be worth it to use a third-party data provider. Platforms such as Headset.io, BDS Analytics, and New Frontier Data each are measuring the evolution of the cannabis market. Each platform will host its own specifications that are structured to help solve business problems.

Whether focused on real-time data, consumer trends, product category evolution, or the ever-changing legal regulatory landscape, it is always recommended to hop on a call to understand what these platforms are doing and how they help.

4. Know what data matters

After reviewing, tweaking, and assessing your in-house data and your third-party data, you want to choose the data you can leverage from platforms you are already paying for, then s

Some areas you want to cover:

1. Sales trends - What is selling best? What is selling worst?

2. Internal Procedures - How long does each task take and how can it be done better?

3. Talent Management - Who is driving output? Can they be encouraged further?

4. Project Management - Are we on time? Which projects or areas should we prioritize?

5. Benchmarking Competition - What is my competitor’s pricing? How do they market?

6. Emerging trends - Are varying product categories growing faster than others?

5. Find the good in the "bad"

Seed-to-sale tracking may breed terror in many new entrepreneur's hearts. It's a scary concept to realize that the government is watching each and every step at the gram level to ensure you don’t mess up and risk losing your high-valued license. 

As with every high-stress predicament, it is also best to identify the silver lining. Seed-to-sale tracking, whether through Metrc or any other state-adopted platform, creates a robust amount of data at every point for your business—from suppliers to buyers, to in-house steps and processes. Businesses should look at this as an ample opportunity to audit and capture how to optimize as a business.

Remember data analysis is emerging in every industry as a useful tool that businesses will continue to utilize to create optimal value. In Cannabis, it will stir competition and set those businesses who adopt apart.

Mexico could become the biggest medicinal marijuana producer in the world in five years if the government gives the green light for the cultivation of the plant, according to the president of an industry group.

Luis David Suárez Rodríguez, president of the Mexican Medicinal Marijuana Association, told the newspaper El Universal that there is no country that is better suited to the cultivation of cannabis than Mexico, adding that farmers already have ample experience growing the crop.

“Even though [they grow it] illegally, they know the plant, they’ve worked with it so legalizing its medicinal use would change the equation. It’s a social justice issue . . . our country . . . would change and those communities that were beaten down by the war against drug trafficking could be legal producers. It would be our green gold,” he said.

Suárez said that government approval and regulation of the use and cultivation of medicinal marijuana would allow Mexico to cash in on a lucrative global market, whose annual worth is currently estimated at around US $150 billion.

“I’m convinced that if we look at [cannabis cultivation] as development policy and we start to plant marijuana, we would be the biggest producer in the world in five years. The whole world would be buying cannabis and hemp from us. It could be a strategy to fill the nation’s coffers,” he said, adding that the government currently doesn’t collect any tax from marijuana.

This is the current marijuana strategy.

“. . . The Latin American region has been ravaged by the war on drugs but countries such as Uruguay, Colombia, Argentina, Brazil and Mexico have started to change that paradigm. Laws have been changed and now we want to be players at another level . . . We want to conduct clinical investigations and to produce and sell the products derived from the plant, and we want the communities that grow this marvelous medicine to benefit,” Suárez said.

The Supreme Court in August ordered the Health Secretariat to publish guidelines for medicinal marijuana use within 180 days while last February it published eight precedents on the recreational use of marijuana which determined that prohibition of the drug is unconstitutional.

Suárez said that last month’s ruling is “very important” because it’s essential to have guidelines that regulate the sale and use of medicinal marijuana.

He said that patients will have more certainty that the marijuana-based medications they purchase actually do contain cannabis and are free of contaminants such as pesticides.

“. . . Leaving the market unregulated, anything can come in [to the country], from a product that is marvelous to one that is poor quality and which only [seeks to] fool people . . .”

If there was an election in cannabis, women would vote for health and wellness products over anything else. They also prefer flower and vape pens to prerolls and capsules. 

These are just some of the findings in Headset’s Cannabis Data Intelligence, which provides insight into the year-over-year differences between the sexes and their cannabis shopping patterns.

While women may not consume as much cannabis as men, they make up an important one-third of the cannabis market. And if businesses want to capture women buyers, it’s worth taking a look at not only what they buy, but why they buy it.

Headset’s Cannabis Market Intelligence confirms what we all know —that men and women have their own motives, preferences, rationales, and considerations when it comes to shopping for cannabis products. 

Here are some trends worth noting. 

It's all about flower and vapes

At the top of the female “gotta-have-it” list are flower and vapor pens. Interestingly, those are the top two for men, as well, albeit men buy more of these than women. In flower, men hold 56% of the category share. Women hold 44%. Men edge women out by a little more than a percent with vapor pens. Men hold 52% of the category share; women are at 48%.

*Cannabis Categories Market Share – Male and Female

Edibles and topicals are hot

Where women’s tastes start to differ is with edibles, topicals, and tinctures, and sublinguals. They’ll fill their carts with these before concentrates (which men love, by the way). Women account for 58 percent of the edible category share while men make up 42 percent. For tinctures and sublinguals, women make up 64 percent of the category. Moreover, topical numbers —while a small percentage of overall sales— skew the most female, making up 68 percent of sales.

Experts think women are increasingly gravitating to the edibles, topicals, and tinctures, and sublinguals because they are becoming more concerned about their health and wellness. It’s not about getting high. Women -- especially those in their 40s and 50s—are using lower-dose cannabis to address concerns such as sleep, anxiety and sexual pleasure.

This theory is backed up by spending data. From 2017 to 2018 the amount of money spent on concentrates dropped 15% for women. Pre-roll spending dropped 18 percent during the same time period. Vapor pens spending increased19%, but the real increase came with tinctures and sublinguals and topicals. From 2017 to 2018, tinctures and sublinguals spending skyrocketed 42 perfect. Topical sales were even better than that, increasing 47%.

Wellness reigns supreme

If you look at specific products women bought in 2018, the eye toward wellness is evident. Women over-indexed for the popular Humboldt Apothecary 3:1 Calm CBD Tincture, which contains 3 mg of CBD for every 1 mg of THC. Women also purchased Papa and Barkley’s 3:1 Releaf Balm, meant to target areas of muscle pain and inflammation. It’s notable that these two products are marketed for their healing and calming effects.

But women also over-indexed for Milk Chocolate Blueberry Terra Bites by Kiva, which contain 5 mg of THC per bite. Despite the stereotype, there’s no real science proving women crave chocolate more than men. They just admit to it more.

Cannabusinesses are already taking notice of women shoppers. A perfect example is Colorado-based become. The company offers a line of vapor pens scientifically formulated for women, by women. There are three options -- Elevated for those needing energy, Mellow for relaxation and Balanced for focusing on what matters. Females have already over-indexed with become products in 2019.

In the end, while no single product or category is exclusive to one sex, it seems more women are engaging in some of the more nuanced methods of cannabis consumption, especially with low-dose cannabis products.