CBD OIL

Connecticut Gov. Ned Lamont’s adult-use cannabis bill is far from the finish line, but the criminal justice aspect of the legislation was vetted and approved by the Joint Judiciary Committee in a 22-16 vote April 6.

The proposed legislation, An Act Responsibly and Equitably Regulating Adult-Use Cannabis, which Lamont unveiled during his budget address Feb. 10, would authorize the automated erasure of criminal records for those with cannabis-related drug possession convictions and charges.

The overall bill remains a work in progress—with language involving financial issues, regulatory issues, licensing issues and more— but the Judiciary Committee’s due diligence was to get the criminal justice components of the bill right, said Rep. Steven Stafstrom (D), who co-chairs the committee and also co-sponsors the legislation, Senate Bill 888.

“Our cognizance really is on the criminal justice, erasure piece, and I certainly have not heard much opposition to that because I think the language we have in here is language we’ve vetted through fairly well on the criminal justice aspects,” he said during the committee’s meeting on Tuesday.

“On the criminal justice components of this bill, this bill retains and improves upon the language we’ve seen for the last couple years on erasure of prior cannabis convictions,” Stafstrom said. “It puts in place what I believe to be an appropriate mechanism to deal with the issue of driving under the influence, something that is I know of particular interest to this committee, particularly given the fact that neighboring states are undertaking legalization.”

Included in S.B. 888, law enforcement units would be required to have a minimum number of officers report to the Police Officer Standards and Training Council no later than Jan. 1, 2022, so that each unit has state-accredited drug recognition experts to ensure adequate availability of drug recognition experts can respond to instances of impaired driving. Law enforcement units would be able to call upon drug recognition experts from other law enforcement units as necessary and available.

To execute on that front, the Police Officer Standards and Training Council would work with the Highway Safety Office within the Department of Transportation to issue a joint plan to increase access to advanced roadside impaired driving enforcement training and drug recognition expert training for police officers and law enforcement units throughout the state, according to the bill.

Roadside safety and what constitutes probable cause during traffic stops without roadside tests available for cannabis, such as a breathalyzer test for alcohol, has been a reservation of legalizing adult-use cannabis among lawmakers in other states. Last week, roadside safety was part of the debate on the House floor of the New York Legislature.

“As we move through our legislative process, we are not oblivious to what is happening around us, and certainly just last week, New York put in a legalization and regulatory framework,” Stafstrom said. “Massachusetts, to our north, certainly has had legalized cannabis for several years. I think what we are trying to do as we maneuver through this process is to align our legalization effort in as many respects as we can with our neighboring states. And, so, we continue to study what has worked and what has not worked in other locations.”

During the Judiciary Committee meeting, Stafstrom highlighted several amendment’s to S.B. 888 that he said were made to address concerns the committee members heard during a public hearing on the bill.

According to Stafstrom, the Judiciary Committee’s revised bill:

• Adds legislative appointments to the Social Equity Council and gives it additional authority as a permanent body to develop the means to ensure potential societal, equitable applicants have access to licenses, and that individuals from disproportionately impacted communities can get jobs in the industry.
• Includes definitive language to clarify that from July 1, 2021 through Jan. 1, 2024, only the existing medical establishments and social equity applicants can open cannabis establishments; and that cannabis establishments have a social equity plan and agree to labor peace and prevailing wage provisions.
• Creates an accelerator program to provide technical support, mentoring, networking and apprenticeship opportunities for social equity applicants; and creates a workforce pipeline program to help individuals from impacted communities get jobs in the industry.
• Allows patients in the medical program to home grow up to six plants starting May 1, 2022.
• Provides the framework for issues involving local zoning and local control of allowing cannabis establishments in individual municipalities.
• Provides additional employer protections, particularly for federal defense contractors.
• Proposes that the revenue generated from the sale of cannabis be spent 55% on social equity efforts, 15% to grants for prevention and recovery services and 30% to the general fund to cover administrative costs.

“Those are proposals coming out of this committee based on the concerns and the testimony we heard at the public hearing, but certainly this is not the end of the conversation of the bill before us,” Stafstrom said. “I’m sure we’ll see additional revision as it moves through the legislative process and its next committee of assignment.”

Sen. Gary Winfield (D), who co-chairs the Joint Judiciary Committee, said S.B. 888 is a piece of legislation that he knew from the beginning was going to have a lot of effort put into it, and that he hopes the adult-use conversation continues so that the interests of all involved are represented.

“We also kind of knew that when we got to this point [the bill] wouldn’t be completely baked but that the conversation will continue after this point,” Winfield said. “There are people, both in the legislature and outside the legislature, who paid a lot of attention to this and have a lot of interest in the subject and have things that they want to see in this bill.”

All 22 yay votes out of the committee were from Democrats, while the 16 nays included 13 Republicans and three Democrats.

Rep. Craig Fishbein (R), a ranking member of the committee, said he could not support S.B. 888, or any cannabis legalization bill for that matter, until cannabis is federally legalized.

“Unfortunately, at the very outset, I, in respect for the oath that I took as a state representative to uphold the federal and state constitution, cannot find myself to be in support of this,” he said. “The fact of the matter is, we come together as the United States. And the federal constitution says that under the Supremacy Clause, if the federal government passes a law that state can’t invalidate it.”

Article VI, paragraph two of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law, generally take precedence over state laws, and even state constitutions, according to Cornell Law School.

“State can’t say, ‘We don’t like that particular federal law,’ and do their own thing,” Fishbein said. “Through our representative government, we send representatives to Washington to represent our interests, and if residents of our state feel that this is a proper overture, then our representatives, our senators, our congresspeople advocate for a change in the federal law.”

While cannabis is not federally legal, the U.S. Department of Justice has not extended its reach to prosecute state-legal cannabis businesses in a fashion that has deterred lawmakers in 18 states and the District of Columbia from passing adult-use legalization measures. And before the U.S. Senate confirmed Merrick Garland as the 86th U.S. attorney general last month, Garland testified that he did not think it was a “useful use” of limited federal resources to prosecute most cannabis-related conduct.

S.B. 888 is not the only cannabis legalization bill being considered in the Connecticut Legislature. House Bill 6377, which emphasizes social equity and includes licensing for social consumption sites and provisions for roadside testing, cleared Connecticut’s Labor and Public Employees Committee, 9-4, on March 25.

But with the Judiciary Committee passing its amended version of Gov. Lamont’s S.B. 888 Tuesday, the two pieces of legislation are now more closely aligned—both measures have been filed with the Legislative Commissioners’ Office.

Stafstrom said, “I would submit that [adult-use cannabis] is long overdue here in the state of Connecticut for a whole host of reasons, not the least of which is that this is a drug that is widely believed to be less addictive and less harmful to the body than many other drugs that we already legalize and regulate here in the state of Connecticut, including tobacco and alcohol.”

The rise of the East Coast cannabis market gained another foothold in late March 2021 when New York became the most recent state to legalize adult use cannabis, joining ranks with other Atlantic stalwarts, including New Jersey, Maine, Massachusetts, Vermont, Virginia and Washington, D.C.

In doing so, it opened the door to an industry that many experts agree could exceed $7 billion annually, once the market is fully established. That’s potential the cannabis market hasn’t seen since Washington became the first Pacific state to legalize adult use cannabis, almost 10 years ago (followed shortly after by Colorado, then Oregon in 2014 and California in 2016).

Unfortunately, the leaders of this great country have yet to follow suit, and cannabis remains illegal at the federal level. For those in the cannabis market, this means that state-licensed cannabis businesses must cultivate and sell their products within the confines of the state in which they are licensed. Nothing can cross state lines. Even if a business is licensed in both Vermont and New York, it can’t ship product from one state to the other without running afoul of federal legislation. Most in the East Coast cannabis market view this as a negative.

While it certainly makes things more difficult, a small group of forward-thinking investors and entrepreneurs see this for what it really is: an opportunity to get in on the ground floor and establish state-specific grow operations and other supply-chain waypoints, where none or few currently exist. Think of the current state of the East Coast cannabis market as a beachhead. Right now, the industry is defined by state lines. But when the federal government finally legalizes adult use cannabis from coast to coast—and it’s only a matter of time before it does—those state lines will essentially disappear. When they do, the beachheads established now will become the infrastructure for the entire Eastern seaboard.

Take Virginia, for example. It shares its border with five states that have legalized medical cannabis but have yet to cross the bridge into adult use sales (West Virginia, Maryland, Kentucky, Tennessee and North Carolina). A Virginia-based grow operation built now has the potential to serve not just those five states but other contiguous markets including Pennsylvania, Ohio, South Carolina, and even Alabama, Georgia and Indiana. A relatively small investment now could pay huge dividends in just a few years, when the market literally blows wide open.

It’s this incredible potential that makes the rise of the East Coast cannabis market one of the most important developments in the last five years. And while the potential scale of grow operations and other cannabis businesses is certainly essential to the conversation, let’s not forget that “niche products” within the East Coast cannabis market are still very much up for grabs.

If the past decade has taught us anything, it’s that consumers are willing to pay a premium for high-quality, organically grown cannabis. Both new and long-time cannabis enthusiasts will choose — even demand — high-quality, organically grown cannabis that looks, smells and tastes fresh and doesn’t rely on harmful fertilizers, heavy metals or pesticides. They’re also enthusiastic about supporting brands that have a commitment to sustainable, eco-friendly operations.

It’s very much like the current trends we see in the grocery store aisles. Manufacturers and consumers alike are seeing the value of “whole foods.” After decades of relying on heavily processed fare, both suppliers and end-users are benefiting from higher-quality ingredients. Consumers want to know what’s in the stuff they’re putting into their bodies. When it comes to cannabis, they want to know that what they’re taking to alleviate their anxiety doesn’t include harmful chemicals. This demand has the capacity to push revenue even higher.

And when the dam finally breaks and businesses can ship product from state to state, the idea is for growers to be well-positioned geographically to become suppliers of high-quality, organically grown cannabis, for every state east of the Mississippi.

Cannabis businesses in states such as Colorado have had the past decade to prepare for the coming boom, but that doesn’t mean it’s too late to join the party. The rise of the East Coast market parallels what Colorado and the other Pacific states experienced in the early-to-mid teens—the potential to become a very real industry, with huge capacity for growth and profit. Get in on that action now!

The East Coast cannabis market—and, indeed, the entire U.S. market—also sits on the verge of another game-changing trend: following in the footsteps of other markets and realizing sooner rather than later that high-quality, organically grown, eco-friendly cannabis is the next stage of the game. Few investors and entrepreneurs see that right now, but the astute businessperson can capitalize on both trends now and position themselves and their businesses for huge returns in the very near future. The rise of the East Coast cannabis market makes that a very real possibility.

Buckeye Relief | buckeyerelief.com

The first time Marc London received a complaint about the taste of his chocolate, there was only one response he deemed appropriate.

“Thank you,” said London, the executive chef at Buckeye Relief, a medical cannabis cultivator and processor in Eastlake, Ohio, about 15 miles northeast of Cleveland, where he and Kitchen Manager Emily Rollo carefully craft infused foods with a focus on taste and effectiveness. Their line of edibles includes chocolates; locally sourced honey; Wana gummies; and Keef Brands, an infused beverage available in lemonade and strawberry kiwi.

Tony Lange | cannabisbusinesstimes.com

Buckeye Relief, which has a 25,000-square-foot indoor grow facility that became operational in July 2018, launched its kitchen operation shortly after getting an extraction license in the spring of 2019. While Ohio legalized medical cannabis in 2016, statewide sales didn’t begin until early 2019.

An executive chef by trade, London always worked with chocolate when he owned a prepared-foods store and a catering business in the mid-80s, he said. Since London believes chocolate is one of the most complex food products on the planet to work with, he made it his mission to search high and low for the best commodity on the globe to infuse, he said.

Buckeye Relief co-founders Andy Rayburn, CEO, and Scott Halloran, chief operating officer, began the planning phases of their company in 2016, shortly before Ohio’s passage of medical cannabis House Bill 523—two years before Buckeye Relief became operational—which provided London ample time to track down the right chocolate for the operation.

“I was even down in Ecuador looking at chocolates down there, because I think Ecuador is one of the best producers of chocolate in the world, even though most of our chocolate comes from South Africa,” London said. “And I just happened to be in Ecuador, so … I just started doing some research down there and brought some back here.”

Tony Lange | cannabisbusinesstimes.com

While his prospects from Ecuador showed promise, London and his team at Buckeye Relief eventually decided on a Belgian chocolate to infuse in their kitchen. They now offer a 72% cacao dark chocolate, a smooth and creamy milk chocolate and a 1-to-1 ratio marble chocolate, as well as seasonal flavors, like a white-minted chocolate with sprinkles during December holidays.

Key to Buckeye Relief’s line of infused foods is the kitchen’s focus on producing edibles that don’t have the flowery or grassy taste of the cannabis plant, and that goes for all of the edibles, not just the chocolate, London said. “I wanted products that tasted just like the ingredients that went into it with the exception of the extraction ingredients,” he said.

In turn, London steered clear from compound chocolate, which can be melted down and deposited into molds without being tempered, and put his attention on “real” chocolate, which requires the breaking down of fats and waxes before being tempered back to its original state with the cannabis extract infused, he said. The end product retrieves a nice, glossy finish, he said.

“When you look at really good chocolate, you’re like, ‘Wow, that is beautiful,’” London said.

He and his team—which, along with Rollo, also includes Assistant Kitchen Manager Ryan Fatica and kitchen techs Lupe Rivera and Ricardo Yepez—were not just after an infused chocolate that had good health benefits, but a product that both presented itself well and had great taste, he said.

So, when Buckeye Relief Communications and Marketing Director Leslie Brandon notified London that she received a complaint about the taste of his chocolate, specifically regarding how one consumer “could not taste the cannabis” in the product, there was only one response he deemed appropriate: “Thank you.”

“And that’s literally happened numerous times where I’ll get emails from Leslie, ‘Marc, we just got a complaint. They can’t taste anything in the chocolate,’” London said. “And the first time she ever sent that to me, I just emailed her back, ‘OK, I’m going to take that as the ultimate compliment, because that’s what I set out to achieve from day one.’”

London also attributed the taste of Buckeye Relief’s chocolate to the extraction team’s understanding of how to process a cleaner and redefined end product from the plant to infuse into the edibles, he said.

Planting Their Roots

Still in its infancy, Ohio’s medical cannabis program has more than 176,000 registered patients as of Feb. 28, 2021, according to the Ohio Medical Marijuana Control Program. On the retail front, Ohio averaged $5.7 million in total product sales per week through the first 10 weeks of 2021, compared to an average of $2.5 million per week during the same timeframe in 2020, according to the control program.

But London and Rollo’s connection to cannabis and to the kitchen extends beyond Buckeye Relief. Friends with Rayburn for more than 30 years, London’s first customer for his catering business in the ‘80s was Rayburn’s ex-wife, he said.

“That’s how I met Andy, and what bonded us was our love of music, live music, and our love for sports,” London said. “I’ve seen over 250 [Grateful] Dead shows in my life. A hundred of them were probably with Andy. And we haven’t stopped yet. So, when we had that jam-band connection, that carried us through all these years. We’ve gone all over the place. It’s great.”

On Dec. 5, 2018, the night before Buckeye Relief’s first harvest and the plants’ last night in the flower room, Rayburn gave the crop a special treatment. He played the Grateful Dead’s legendary 1977 concert at Cornell University’s Barton Hall over the PA system, making sure the plants had a “good last evening,” Rayburn said.

RELATED ARTICLE: Buckeye Relief’s First Harvest in Ohio’s Medical Marijuana Market

After his prepared-foods store and catering business, which he transitioned into a smoothie juice bar operation, London went on to extend his expertise in the publishing industry, where he built a Cleveland-based magazine called Fine Lifestyles that shared editorial about the people, cultures and businesses that make up Northeast Ohio.

London said he’d still be running that magazine if it were not for Rayburn.

“I’d still be in that business if Mr. Andy Rayburn hadn’t said, ‘Marc, I think I’m going into the cannabis business,’” London said. “And I heard that and said, ‘OK, well, if he’s going in the cannabis business, then I’m going into the cannabis business—just let me know when and where.”

Once Buckeye Relief built its facility and started its grow, it was just a matter of time before the company received its extraction license and opened a kitchen for infused foods. Until then, London sometimes helped out in other facets of the operation, including trimming plants. That’s where he first crossed paths with Rollo.

Intern to Kitchen Manager

Tony Lange | cannabisbusinesstimes.com

Rollo first started working at Buckeye Relief as an intern in the trim department in 2018, an entry-level, yet important phase of cannabis cultivation.

Working in the restaurant industry for five years to help put herself through college, Rollo graduated with a bachelor’s degree in liberal arts and earned a certificate in non-profit leadership, before starting a short career in the advertising industry, where she worked sales and marketing.

During that time, Rollo had a grandmother who struggled with opioids and being able to control her doses, she said. That was around the same time Ohio passed its medical cannabis bill, which sparked Rollo’s interest in researching related opportunities before networking and eventually getting her foot in the door at Buckeye Relief, she said.

“I came from working in the advertising industry, which I really loved my job,” Rollo said. “I really enjoyed it. But I wasn’t feeling fulfilled, you know, I wanted to help people and I wanted to feel like I had that purpose.”

Once in the door, Rollo’s journey shifted toward making herself standout among 30-some interns in the trim department, she said.

“I had to create a system for myself and a strategy for myself to kind of set myself apart and start networking with people,” Rollo said. “I spotted Marc in the trim room and just started talking to him, chatting with him. Over conversation, I was able to figure out his history—I didn’t know at that point that he was in charge of the kitchen. I didn’t know at that point that he was hired in. I just knew that he was back there helping us trim.”

Diving deeper into conversation with London and picking his brain about his expertise and his soon-to-be kitchen operation, Rollo quickly went from intern to kitchen manager in roughly a year. Through her desire to be on a team that provides edibles for patients in Ohio, Rollo travelled out to Colorado with London in July 2019 to train under experts from Wana Brands, a U.S. leading infused-products company known for its gummies.

Gummy Trends

Shelby | Adobe Stock

According to cannabis market research expert BDSA, a consumer insights data report from September 2020 revealed that infused gummies made up 84% of candy ingestible sales at that point in the year across Arizona, California, Colorado, Nevada and Oregon. In addition, 60% of U.S. edible users reported consumption of infused gummies, while baked goods were the second most popular ingestible product at 46%. And 33% of U.S. ingestible consumers cited gummies as their preferred type of edible, with a 15-point margin over baked goods as the next most popular preferred ingestible product.

“Seeing how the sales trends go, as legalization spreads throughout the United States, I saw this big opportunity that this is going to be the future of the industry,” Rollo said. “This is going to be the future of dosing. People, especially the older generations, love how convenient it is. You don’t have to smoke it. It’s something you can keep in your pocket and dose throughout the day. So that is kind of what really, really sparked my interest in that part of the industry, [where] I really saw myself thriving.”

After their weeklong training with Wana in Colorado, Rollo and London received additional hands-on instruction from Wana experts, who flew out to Ohio for detailed recipe explanations at Buckeye Relief.

And in order to meet testing standards in Ohio, Rollo said she and the Buckeye Relief team fine-tuned their gummy trials for maybe six to nine months before finally dialing in their operation. Now, a team of three to four people in the kitchen can produce anywhere from 20,000 to 30,000 gummies in a typical day, Rollo said.

In order to be more efficient, the kitchen team sometimes operates in longer shifts, working from Monday through Thursday, so that it only has to go through the time-consuming processes of setting up and cleaning up four times in a week rather than five times, Rollo said.

“I am extremely passionate in every single batch that I make, you know, my passion shows through it,” she said. “So definitely the gummies [are my passion], cause it’s kind of in my heart and soul from the beginning. I kind of had to go through a lot of testing issues, you know, to kind of get that formulation correct on it for probably six to nine months until we really dialed it in. So, yeah, it’s been a journey.”

The Buckeye Relief kitchen team produces several different cannabidiol (CBD)-to-tetrahydrocannabinol (THC) ratios in gummies. For example, there’s a five-to-one pomegranate blueberry acai gummy that has 25 milligrams of CBD to 5 milligrams of THC, which is popular among people who haven’t tried edibles before and are interested in the micro-dosing market, Rollo said. And then there are strawberry lemonade and watermelon flavors that include a one-to-one ratio of 10 milligrams of CBD to 10 milligrams of THC, while more exotic flavors, like yuzu, offer a two-to-one ratio.

Meanwhile, Buckeye Relief also produces gummies that are straight THC, including 10-milligram pieces as well as a new macro line of 30-milligram gummies in raspberry-limeade and blood orange flavors, which are for the more experienced consumers, Rollo said.

The specific flavors come from proprietary blends of terpenes—aromatic compounds found in many plants, including cannabis—that are picked out by Wana, Rollo said. In addition to flavoring, terpenes also provide different effects, she said.

“So, the mango is more of the sativa, which has the uplifting effects,” she said. “Indica more for the asleep. And hybrid obviously for a little bit of both.”

Attention is in the Details

When it comes to creating products that not only land on the shelves at dispensaries, but also stay on those shelves, Rollo and London both said their efforts boil down to running a detail-oriented operation.

Tony Lange | cannabisbusinesstimes.com

“We operate exactly like any other [non-cannabis] medical facility in the state of Ohio,” Rollo said. “We want to make sure that we have a professional representation of how we operate. We’re trying to prove ourselves in some ways, showing that we are this legitimate business, and this is a medicine that helps people.”

On the edibles side of the industry, London said his team treats infused foods like artisanal products. For example, one batch will generate 700 gummies—only a fraction of a daily production. But rather than use a bigger cooking pot, the team at Buckeye Relief controls the quality of each gummy by simply producing more batches, London said. The same dialed-in concept applies to chocolates, he said.

“I could take a giant chocolate tank of 200 gallons of chocolate and fuse the whole thing and then start pumping it out,” he said. “I am not going to end up controlling the quality or the potency the way I can in a 15-pound run.”

Each 15-pound run will produce about 120 bars of chocolate, London said. If market demand increased beyond Buckeye Relief’s current output, then the best avenue to scale up production and maintain the quality of the brand would be to train more staff to handle more runs, he said.

Another factor pertaining to chocolate, especially the volatility of milk chocolate, is humidity, which can create a bloom, or a white, shadowy appearance that puts an eyesore on the presentation to each bar, London said.

“Up until this past summer, when I put new dehumidifiers in here, I had to produce a lot of my milk chocolate in the springtime,” he said. “There’s just too much moisture in the [summer] air. You can’t get it to cool down properly and harden properly. So, it really, it’s not as much what we produce on a daily/weekly basis, but it’s how do we control it so we can put out the highest quality year-round.”

Buckeye Relief also has a brand of locally sourced raw honey that is harvested using natural methods and then infused with a little extra buzz. While the company has its own beehives, it doesn’t have enough to keep up with demand. In turn, Buckeye Relief connected with a local beekeeper from Bainbridge Township, in neighboring Geauga County, who provides a few hundred gallons of honey any time the kitchen needs it, London said.

And then Buckeye Relief’s line of Keef—a brand in the cannabis beverage space that was originally launched in 2010 in Boulder, Colorado—includes a strawberry kiwi beverage that tastes similar to flavored water and a lemonade that tastes like a powdered-beverage mix, London said.

“I think the market is going to really, really enjoy it,” he said. “If I was making that beverage and when you drank it you were like, ‘Oh my, god. What’s that bitter, nasty plant taste?’ we would never have that product here at Buckeye Relief.

“One of the things is, we have worked really, really hard for shelf space at dispensaries. So, our commitment is, we worked so hard to get it, we can’t lose that shelf space, which means we need to be able to duplicate and produce enough to never run out. And some products just aren’t designed for that.”