CBD OIL

In honor of Women’s History Month and International Women’s Day on March 8, 2021, three successful women in the cannabis space share their journey, challenges and advice for working in the industry. 

A woman who has impacted the industry is Lilach Mazor Power, founder and managing director at Giving Tree Dispensary, the only dispensary in Arizona with majority female ownership.

© Courtesy of Giving Tree

Power entered the cannabis industry in 2013 when there were little to no experts in the space. She had to make several sacrifices and worked for free for years, as she knew the company had to continue growing, she said.

But one of the most important things is that she was not afraid to jump in, take risks and work hard to get to where she aspired to be. Someone who can relate to that is Michelle Hackett, president of Riverview Farms in California.

In 2016, Hackett entered the industry when her father, Mike, was one of the first farmers permitted a license to grow medical cannabis in California. Her father wanted to take the business further than cultivation and turn it into a full seed-to-sale business. So, she left her job and jumped on board to help her father build the company, she said. 

“At the start of legalization and coming into this space, there was little to no structure,” Hackett said. “We really built the business from the ground up through trial and error.”

When the business started to take off, she invited her sister, Lauren, to join the team to assist her and the already established team, making the company a female-owned and operated cannabis business that now employs over a 75% female workforce.

Another woman who entered the cannabis industry in 2016 is Scottie Gordon, the vice president of licensing and regulatory affairs at Curaleaf.   

Before getting into the industry, Gordon was an attorney with a strong interest in regulatory law. When medical cannabis was legalized, it was a natural segue for her into the industry, as the cannabis space is full of regulations, she said. 

All three of these women come from dissimilar backgrounds and have different stories to share. Still, they all have in common that they are dedicated and are not afraid to take risks, and those traits helped them overcome challenges throughout their journeys.

INDUSTRY CHALLENGES

In any industry, women encounter challenges, and one that stands out for these women is the prospect of raising capital and funding.

© Courtesy of Curaleaf

“One of the things I recall very vividly is it was difficult trying to raise money,” Gordon said. “Traditional methods weren’t available, like getting a loan from the bank, because the industry was still federally illegal.”

Due to it being difficult to raise money through non-traditional methods, many people had to look beyond family or friends and seek individuals who could invest in a newly merging space, causing a disadvantage for women, as they tend not to be taken as seriously.

“It’s the way people take us and don’t understand that we are here because we are professionals, instead of because we are some girls,” Power said. “And that has been an issue with just trying to find partners or trying to get into the industry in general because there’s not many women in it.” 

ADVICE FOR ENTERING THE INDUSTRY AND MAKING AN IMPACT

Being rejected can lead one to self-doubt but surrounding oneself with a robust support system and being aware of their abilities can help one overcome doubt and increase confidence, Hackett said. 

At the beginning of Hackett’s cannabis career, it was difficult for her to connect with clients or potential business partners, but through extensive outreach and being vocal, she quickly connected with professionals in the industry.

© Courtesy of Riverview Farms

“I wasn’t afraid to jump in and get my hands dirty,” Hackett said. “I just tried to be fearless and meet as many people as quickly as possible.”

Power also said that it is essential for one to just “go for it,” and try not to let people get in their head.

“I think what women are sometimes lacking is trying to make it perfect before they go for it, and then saying, ‘done is better than perfect,’ has to be said here,” Power said. “Find a niche that you’re interested in because there’s so many things you can do in this industry, then jump in because not everything is going to work out, and it’s OK to fail. But obviously, make sure you are serious and prepared.”

She also said that she believes many women are waiting for others to get into the industry before entering but reaching out to women already in the industry and asking for advice and insights can be beneficial, and Gordon agrees.

“What I always recommend to people is ask questions, read and listen to answers,” Gordon said. “And I think doing that can really help you practice your story and figure out where in the industry you want to be, and ultimately, the more people you talk to, the more developed your ideas and thoughts are, which can increase confidence.”

And it is essential to note that this all does not happen overnight, Power said. 

“I still have to remind myself to silence the negative noise, stay focused and remind myself I can do it,” Power said. “It doesn’t end. It’s constant work.” 

THE IMPORTANCE OF DIVERSITY IN THE WORKPLACE

Having diversity and different opinions and perspectives is vital in everything we do, especially in the workplace.

“For example, female cannabis users are different from men—the way we shop, or the way cannabis affects our body is different—and it’s important to realize that and notice that,” Power said.

“And it’s not just about having females but having people that are going to advocate for your businesses,” Hackett said. “People that are going to say, ‘Hey, this is not right,’ or express what the business needs to do better or differently.”

Overall, these women would like to see and encourage other women to break barriers and join the cannabis space.

And for someone like Power, who is recognized for owning the only dispensary in Arizona with majority female ownership, she has mixed feelings about it. 

“People congratulate me and think, ‘Wow, that’s amazing,’ but is it amazing?” Power said. “This is not great. There are 130 licenses in Arizona, and I am the only one with majority female ownership; that is not where we should be. But on the other hand, I am glad people see it as something to celebrate and something to pass on and talk about so more women can realize it is possible, and we need to fix this.”

 

Cannabinoids—the molecules found in the cannabis plant—are becoming an immensely popular industry, with applications in pharmaceuticals, food and beverage, cosmetics and more. However, the traditional method of harvesting cannabinoids through plants has a tremendous environmental footprint, with the energy-intensive practices required to produce the cannabis plant costing the U.S. billions of dollars each year.  

Fortunately, new innovations have emerged that will make this process require significantly less time, energy and natural resources. This article will explore two methods of rare cannabinoid production—the traditional method of cultivation through plants and the newer method of biosynthesis—and will compare their impact on the environment. 

Natural Cultivation

The companies that use the traditional process of growth, harvest, extraction and purification have a major problem when it comes to harvesting rare cannabinoids. Rare cannabinoids only show up in trace amounts in plants, which means you need to grow vast quantities of plants to harvest just a tiny amount of rare cannabinoids.

Once you factor in the amount of plants that need to be grown, equipment, fuel, fertilizers, water, man hours, harvesting, extraction and purification, the costs are economically unfeasible. This process uses so much energy, natural resources, water and fertilizers that the end product is not affordable for the majority of consumers.

Cultivation through plants requires hundreds of acres of land, thousands of pounds of fertilizer, thousands of gallons of water and thousands of man hours. In addition, this process uses significant amounts of energy to run equipment, in addition to extraction and purification. Plus, the end products can contain contaminants and toxins due to heavy metals, pesticides, pests, mold and more.

Biosynthesis

Biosynthesis is the production of a desired compound through the natural means of an organism’s biological processes. It produces identical compounds to those found in nature, lending itself as the optimal pathway for the manufacture of cannabinoids identical to their naturally occurring counterparts. ​

While cultivation through plants is harmful to the environment, biosynthesis produces a much lower environmental footprint because it requires significantly fewer resources. Biosynthesis requires over 90% less energy, natural resources and man hours, along with zero fertilizers, contaminants and toxins. There also no extraction and purification costs.

Biosynthesis needs only 6,000 square feet to produce the same amount of rare cannabinoids as hundreds of acres of plants. This process produces pharmaceutical-grade, organic, non-GMO products at a 70-90% lower cost than cultivation through plants—resulting in cannabinoid products that are more affordable for the consumer.

With climate change increasingly becoming a concern, it’s crucial for us to rely on more environmentally friendly avenues for cannabinoid production. Biosynthesis provides a method of cannabinoid production that requires significantly less time, energy and natural resources than cultivation through plants—resulting in not only a decreased environmental footprint but also safer and less expensive products.

Natural product analysis using Carbon-14 is a valuable scientific tool that can be used to confirm the naturality of cannabidiol-based (CBD) ingredients by verifying the percentage of a product that is obtained from naturally-sourced ingredients. Determining the percentage of biobased content in a product allows companies to ensure their CBD ingredients are truly natural-derived, identify the presence of synthetic adulterants, and authenticate marketing and “natural” labeling claims.

Why consider natural product analysis using Carbon-14 to validate your natural CBD products?

Carbon-14 is an isotope present in naturally-sourced materials. Natural product analysis measures the percentage of Carbon-14 present in an ingredient or product. Higher percentages indicate that a product is primarily or completely made with natural-sourced ingredients as opposed to synthetic, petroleum-derived alternatives. These cheaper, synthetic alternatives created from petroleum-based sources cannot be measured using Carbon-14. A product that is all-natural and completely plant-sourced will show a result of 100% biobased content whereas a low or zero percentage will reveal a product that is partially or completely formulated with synthetic adulterants.

Why should you be concerned with verifying the naturality of your CBD products? In recent years, the popularization of CBD extract has increased its demand as an ingredient in personal care and cosmetic products. Higher costs associated with the use of natural CBD extract instead of artificial extracts leads to the use of adulterated ingredients by some manufacturers or false label claims that a product is natural when it is not.

How can you prove your products are the real deal and ensure your customers are sure they’re getting the natural ingredients they expect? Artificial ingredients derived from petrochemical sources do not contain any carbon-14 content. The results of natural product analysis reveal the percentage of a sample that is procured from natural sources, allowing manufacturers and quality assurance teams to confirm their CBD ingredients and products are not synthetic or adulterated and to strengthen claims that their product is truly natural-derived.

Natural product analysis can authenticate the natural content of your CBD products. Validating naturality with Carbon-14 testing strengthens label and marketing claims and confirms your products and ingredients are completely natural and do not contain cheap synthetic adulterants. By verifying the percentage of our product that comes from natural sources as opposed to artificial, petrochemical sources, you can guarantee your product is genuinely made with natural CBD extract.

In honor of Women’s History Month and International Women’s Day on March 8, 2021, three successful women in the cannabis space share their journey, challenges and advice for working in the industry. 

A woman who has impacted the industry is Lilach Mazor Power, founder and managing director at Giving Tree Dispensary, the only dispensary in Arizona with majority female ownership.

© Courtesy of Giving Tree

Power entered the cannabis industry in 2013 when there were little to no experts in the space. She had to make several sacrifices and worked for free for years, as she knew the company had to continue growing, she said.

But one of the most important things is that she was not afraid to jump in, take risks and work hard to get to where she aspired to be. Someone who can relate to that is Michelle Hackett, president of Riverview Farms in California.

In 2016, Hackett entered the industry when her father, Mike, was one of the first farmers permitted a license to grow medical cannabis in California. Her father wanted to take the business further than cultivation and turn it into a full seed-to-sale business. So, she left her job and jumped on board to help her father build the company, she said. 

“At the start of legalization and coming into this space, there was little to no structure,” Hackett said. “We really built the business from the ground up through trial and error.”

When the business started to take off, she invited her sister, Lauren, to join the team to assist her and the already established team, making the company a female-owned and operated cannabis business that now employs over a 75% female workforce.

Another woman who entered the cannabis industry in 2016 is Scottie Gordon, the vice president of licensing and regulatory affairs at Curaleaf.   

Before getting into the industry, Gordon was an attorney with a strong interest in regulatory law. When medical cannabis was legalized, it was a natural segue for her into the industry, as the cannabis space is full of regulations, she said. 

All three of these women come from dissimilar backgrounds and have different stories to share. Still, they all have in common that they are dedicated and are not afraid to take risks, and those traits helped them overcome challenges throughout their journeys.

INDUSTRY CHALLENGES

In any industry, women encounter challenges, and one that stands out for these women is the prospect of raising capital and funding.

© Courtesy of Curaleaf

“One of the things I recall very vividly is it was difficult trying to raise money,” Gordon said. “Traditional methods weren’t available, like getting a loan from the bank, because the industry was still federally illegal.”

Due to it being difficult to raise money through non-traditional methods, many people had to look beyond family or friends and seek individuals who could invest in a newly merging space, causing a disadvantage for women, as they tend not to be taken as seriously.

“It’s the way people take us and don’t understand that we are here because we are professionals, instead of because we are some girls,” Power said. “And that has been an issue with just trying to find partners or trying to get into the industry in general because there’s not many women in it.” 

ADVICE FOR ENTERING THE INDUSTRY AND MAKING AN IMPACT

Being rejected can lead one to self-doubt but surrounding oneself with a robust support system and being aware of their abilities can help one overcome doubt and increase confidence, Hackett said. 

At the beginning of Hackett’s cannabis career, it was difficult for her to connect with clients or potential business partners, but through extensive outreach and being vocal, she quickly connected with professionals in the industry.

© Courtesy of Riverview Farms

“I wasn’t afraid to jump in and get my hands dirty,” Hackett said. “I just tried to be fearless and meet as many people as quickly as possible.”

Power also said that it is essential for one to just “go for it,” and try not to let people get in their head.

“I think what women are sometimes lacking is trying to make it perfect before they go for it, and then saying, ‘done is better than perfect,’ has to be said here,” Power said. “Find a niche that you’re interested in because there’s so many things you can do in this industry, then jump in because not everything is going to work out, and it’s OK to fail. But obviously, make sure you are serious and prepared.”

She also said that she believes many women are waiting for others to get into the industry before entering but reaching out to women already in the industry and asking for advice and insights can be beneficial, and Gordon agrees.

“What I always recommend to people is ask questions, read and listen to answers,” Gordon said. “And I think doing that can really help you practice your story and figure out where in the industry you want to be, and ultimately, the more people you talk to, the more developed your ideas and thoughts are, which can increase confidence.”

And it is essential to note that this all does not happen overnight, Power said. 

“I still have to remind myself to silence the negative noise, stay focused and remind myself I can do it,” Power said. “It doesn’t end. It’s constant work.” 

THE IMPORTANCE OF DIVERSITY IN THE WORKPLACE

Having diversity and different opinions and perspectives is vital in everything we do, especially in the workplace.

“For example, female cannabis users are different from men—the way we shop, or the way cannabis affects our body is different—and it’s important to realize that and notice that,” Power said.

“And it’s not just about having females but having people that are going to advocate for your businesses,” Hackett said. “People that are going to say, ‘Hey, this is not right,’ or express what the business needs to do better or differently.”

Overall, these women would like to see and encourage other women to break barriers and join the cannabis space.

And for someone like Power, who is recognized for owning the only dispensary in Arizona with majority female ownership, she has mixed feelings about it. 

“People congratulate me and think, ‘Wow, that’s amazing,’ but is it amazing?” Power said. “This is not great. There are 130 licenses in Arizona, and I am the only one with majority female ownership; that is not where we should be. But on the other hand, I am glad people see it as something to celebrate and something to pass on and talk about so more women can realize it is possible, and we need to fix this.”

 

In honor of Women’s History Month and International Women’s Day on March 8, 2021, three successful women in the cannabis space share their journey, challenges and advice for working in the industry. 

A woman who has impacted the industry is Lilach Mazor Power, founder and managing director at Giving Tree Dispensary, the only dispensary in Arizona with majority female ownership.

© Courtesy of Giving Tree

Power entered the cannabis industry in 2013 when there were little to no experts in the space. She had to make several sacrifices and worked for free for years, as she knew the company had to continue growing, she said.

But one of the most important things is that she was not afraid to jump in, take risks and work hard to get to where she aspired to be. Someone who can relate to that is Michelle Hackett, president of Riverview Farms in California.

In 2016, Hackett entered the industry when her father, Mike, was one of the first farmers permitted a license to grow medical cannabis in California. Her father wanted to take the business further than cultivation and turn it into a full seed-to-sale business. So, she left her job and jumped on board to help her father build the company, she said. 

“At the start of legalization and coming into this space, there was little to no structure,” Hackett said. “We really built the business from the ground up through trial and error.”

When the business started to take off, she invited her sister, Lauren, to join the team to assist her and the already established team, making the company a female-owned and operated cannabis business that now employs over a 75% female workforce.

Another woman who entered the cannabis industry in 2016 is Scottie Gordon, the vice president of licensing and regulatory affairs at Curaleaf.   

Before getting into the industry, Gordon was an attorney with a strong interest in regulatory law. When medical cannabis was legalized, it was a natural segue for her into the industry, as the cannabis space is full of regulations, she said. 

All three of these women come from dissimilar backgrounds and have different stories to share. Still, they all have in common that they are dedicated and are not afraid to take risks, and those traits helped them overcome challenges throughout their journeys.

INDUSTRY CHALLENGES

In any industry, women encounter challenges, and one that stands out for these women is the prospect of raising capital and funding.

© Courtesy of Curaleaf

“One of the things I recall very vividly is it was difficult trying to raise money,” Gordon said. “Traditional methods weren’t available, like getting a loan from the bank, because the industry was still federally illegal.”

Due to it being difficult to raise money through non-traditional methods, many people had to look beyond family or friends and seek individuals who could invest in a newly merging space, causing a disadvantage for women, as they tend not to be taken as seriously.

“It’s the way people take us and don’t understand that we are here because we are professionals, instead of because we are some girls,” Power said. “And that has been an issue with just trying to find partners or trying to get into the industry in general because there’s not many women in it.” 

ADVICE FOR ENTERING THE INDUSTRY AND MAKING AN IMPACT

Being rejected can lead one to self-doubt but surrounding oneself with a robust support system and being aware of their abilities can help one overcome doubt and increase confidence, Hackett said. 

At the beginning of Hackett’s cannabis career, it was difficult for her to connect with clients or potential business partners, but through extensive outreach and being vocal, she quickly connected with professionals in the industry.

© Courtesy of Riverview Farms

“I wasn’t afraid to jump in and get my hands dirty,” Hackett said. “I just tried to be fearless and meet as many people as quickly as possible.”

Power also said that it is essential for one to just “go for it,” and try not to let people get in their head.

“I think what women are sometimes lacking is trying to make it perfect before they go for it, and then saying, ‘done is better than perfect,’ has to be said here,” Power said. “Find a niche that you’re interested in because there’s so many things you can do in this industry, then jump in because not everything is going to work out, and it’s OK to fail. But obviously, make sure you are serious and prepared.”

She also said that she believes many women are waiting for others to get into the industry before entering but reaching out to women already in the industry and asking for advice and insights can be beneficial, and Gordon agrees.

“What I always recommend to people is ask questions, read and listen to answers,” Gordon said. “And I think doing that can really help you practice your story and figure out where in the industry you want to be, and ultimately, the more people you talk to, the more developed your ideas and thoughts are, which can increase confidence.”

And it is essential to note that this all does not happen overnight, Power said. 

“I still have to remind myself to silence the negative noise, stay focused and remind myself I can do it,” Power said. “It doesn’t end. It’s constant work.” 

THE IMPORTANCE OF DIVERSITY IN THE WORKPLACE

Having diversity and different opinions and perspectives is vital in everything we do, especially in the workplace.

“For example, female cannabis users are different from men—the way we shop, or the way cannabis affects our body is different—and it’s important to realize that and notice that,” Power said.

“And it’s not just about having females but having people that are going to advocate for your businesses,” Hackett said. “People that are going to say, ‘Hey, this is not right,’ or express what the business needs to do better or differently.”

Overall, these women would like to see and encourage other women to break barriers and join the cannabis space.

And for someone like Power, who is recognized for owning the only dispensary in Arizona with majority female ownership, she has mixed feelings about it. 

“People congratulate me and think, ‘Wow, that’s amazing,’ but is it amazing?” Power said. “This is not great. There are 130 licenses in Arizona, and I am the only one with majority female ownership; that is not where we should be. But on the other hand, I am glad people see it as something to celebrate and something to pass on and talk about so more women can realize it is possible, and we need to fix this.”

 

In honor of Women’s History Month and International Women’s Day on March 8, 2021, three successful women in the cannabis space share their journey, challenges and advice for working in the industry. 

A woman who has impacted the industry is Lilach Mazor Power, founder and managing director at Giving Tree Dispensary, the only dispensary in Arizona with majority female ownership.

© Courtesy of Giving Tree

Power entered the cannabis industry in 2013 when there were little to no experts in the space. She had to make several sacrifices and worked for free for years, as she knew the company had to continue growing, she said.

But one of the most important things is that she was not afraid to jump in, take risks and work hard to get to where she aspired to be. Someone who can relate to that is Michelle Hackett, president of Riverview Farms in California.

In 2016, Hackett entered the industry when her father, Mike, was one of the first farmers permitted a license to grow medical cannabis in California. Her father wanted to take the business further than cultivation and turn it into a full seed-to-sale business. So, she left her job and jumped on board to help her father build the company, she said. 

“At the start of legalization and coming into this space, there was little to no structure,” Hackett said. “We really built the business from the ground up through trial and error.”

When the business started to take off, she invited her sister, Lauren, to join the team to assist her and the already established team, making the company a female-owned and operated cannabis business that now employs over a 75% female workforce.

Another woman who entered the cannabis industry in 2016 is Scottie Gordon, the vice president of licensing and regulatory affairs at Cureleaf.   

Before getting into the industry, Gordon was an attorney with a strong interest in regulatory law. When medical cannabis was legalized, it was a natural segue for her into the industry, as the cannabis space is full of regulations, she said. 

All three of these women come from dissimilar backgrounds and have different stories to share. Still, they all have in common that they are dedicated and are not afraid to take risks, and those traits helped them overcome challenges throughout their journeys.

INDUSTRY CHALLENGES

In any industry, women encounter challenges, and one that stands out for these women is the prospect of raising capital and funding.

© Courtesy of Cureleaf

“One of the things I recall very vividly is it was difficult trying to raise money,” Gordon said. “Traditional methods weren’t available, like getting a loan from the bank, because the industry was still federally illegal.”

Due to it being difficult to raise money through non-traditional methods, many people had to look beyond family or friends and seek individuals who could invest in a newly merging space, causing a disadvantage for women, as they tend not to be taken as seriously.

“It’s the way people take us and don’t understand that we are here because we are professionals, instead of because we are some girls,” Power said. “And that has been an issue with just trying to find partners or trying to get into the industry in general because there’s not many women in it.” 

ADVICE FOR ENTERING THE INDUSTRY AND MAKING AN IMPACT

Being rejected can lead one to self-doubt but surrounding oneself with a robust support system and being aware of their abilities can help one overcome doubt and increase confidence, Hackett said. 

At the beginning of Hackett’s cannabis career, it was difficult for her to connect with clients or potential business partners, but through extensive outreach and being vocal, she quickly connected with professionals in the industry.

© Courtesy of Riverview Farms

“I wasn’t afraid to jump in and get my hands dirty,” Hackett said. “I just tried to be fearless and meet as many people as quickly as possible.”

Power also said that it is essential for one to just “go for it,” and try not to let people get in their head.

“I think what women are sometimes lacking is trying to make it perfect before they go for it, and then saying, ‘done is better than perfect,’ has to be said here,” Power said. “Find a niche that you’re interested in because there’s so many things you can do in this industry, then jump in because not everything is going to work out, and it’s OK to fail. But obviously, make sure you are serious and prepared.”

She also said that she believes many women are waiting for others to get into the industry before entering but reaching out to women already in the industry and asking for advice and insights can be beneficial, and Gordon agrees.

“What I always recommend to people is ask questions, read and listen to answers,” Gordon said. “And I think doing that can really help you practice your story and figure out where in the industry you want to be, and ultimately, the more people you talk to, the more developed your ideas and thoughts are, which can increase confidence.”

And it is essential to note that this all does not happen overnight, Power said. 

“I still have to remind myself to silence the negative noise, stay focused and remind myself I can do it,” Power said. “It doesn’t end. It’s constant work.” 

THE IMPORTANCE OF DIVERSITY IN THE WORKPLACE

Having diversity and different opinions and perspectives is vital in everything we do, especially in the workplace.

“For example, female cannabis users are different from men—the way we shop, or the way cannabis affects our body is different—and it’s important to realize that and notice that,” Power said.

“And it’s not just about having females but having people that are going to advocate for your businesses,” Hackett said. “People that are going to say, ‘Hey, this is not right,’ or express what the business needs to do better or differently.”

Overall, these women would like to see and encourage other women to break barriers and join the cannabis space.

And for someone like Power, who is recognized for owning the only dispensary in Arizona with majority female ownership, she has mixed feelings about it. 

“People congratulate me and think, ‘Wow, that’s amazing,’ but is it amazing?” Power said. “This is not great. There are 130 licenses in Arizona, and I am the only one with majority female ownership; that is not where we should be. But on the other hand, I am glad people see it as something to celebrate and something to pass on and talk about so more women can realize it is possible, and we need to fix this.”

 

The task of preserving privacy for any records platform, especially a cannabis registry, cannot simply be relegated to ones and zeros lurking in some forgotten codebase. This past year taught us many lessons, especially related to the trauma unleashed by vulnerabilities in government domains. We learned time and again that a registrant’s privacy must be the first order of business for the architects of registries.

But the first order of business isn’t the last order of business. That intention and effort to secure privacy must then be communicated and reinforced through real-world reality checks.

Lapses in data security and rising distrust for government institutions block the efficacy of well-intentioned and vital registries. Those states launching new registries in 2021 are at a precarious crossroads as public trust erodes.

As I write this, we’ve just learned illicit operators hacked a third-party service provider for the Washington State Auditor’s office. The attack compromised the personal data of 1.4 million users seeking unemployment benefits. Security hacks are a cautionary tale, whose impact is felt too often.

But many in the government sector are staring at a once-in-a-generation challenge to launch new registries – those related to cannabis – with privacy top-of-mind from the initial Request For Bid.“The question isn’t when these privacy-first registries will be implemented, it’s a question of whether they’ll be implemented proactively ahead of hacks or after the damage is done.”

Here’s how:

Table Stakes for New Cannabis Registries

These suggestions are just the beginning, and I see them as the minimum buy-in to begin the architecture of a new cannabis registry. They include:

• End-to-end data encryption while in transit and within the system while the data is at rest.
• A solution that is a cloud-native web application which is managed as a service for maximum uptime and strong security posture.
• Registries should also leverage algorithms and machine learning to ensure accurate data entry by analyzing incorrect or duplicate data before it is saved within the system.

Beyond HIPAA

The Health Insurance Portability and Accountability Act (HIPAA) requires privacy and security measures to protect Personal Health Information (PHI). Debate exists on whether compliance is a requirement for all entities transacting in the medicinal cannabis space. While some state registries are exempt from HIPAA, others choose to provide HIPAA compliance not just for the optics, but the known benefit to users’ privacy and confidence. New cannabis registries should commit to HIPAA-compliance to set a trusted new privacy standard for medical patient credentials and legal authorization for the use of cannabis for medical purposes.

That’s just the start. Registries should also ensure SOC2 Type II certification, which safeguards security, site availability, confidentiality and privacy through independent third-party auditors.

Connect with Confidence

Registries function as a hub of information in an often-confusing cannabis space. The California Bureau of Cannabis Control displays more than 25 links wired into its top navigation bar alone. Each link sends the curious to new resources. Registries must establish themselves as credible resources, especially when directing users to third-party sites.

One example is for cannabis registries to provide secure access to healthcare professionals who are verified by the Drug Enforcement Agency (DEA). These healthcare professionals are licensed to distribute controlled substances including cannabis. Each third-party link should offer the same high-level of scrutiny to enshrine confidence and credibility in the registry.

Next-Generation ID Cards

A cannabis registry card should not just be a document, but a toolset that attests to the identity and the authority of the carrier represented. An illicit counterfeiting market seeks to exploit registry card vulnerabilities. Next generation ID cards present the best defense against counterfeiting and illegal use with robust security measures. That starts with assuring that any credential is mobile ID compatible with iOS Wallet and GooglePay for mobile identification.

ID cards should also include:

The automated modification of the document bearer’s photograph to ICAO (International Civil Aviation Organization) standards. This critical modification makes the photograph easier to use for ID verification; it also facilitates the detection of photograph substitution.

A two-dimensional barcode compiles information contained in a one-dimensional barcode. It also delivers confirmation of other data shown on the card or in the system such as license authorization and limitations. Adding additional material to the physical document such as holograms, UV image, micro-printing or laser perforations offers another level of protection against illicit use or counterfeiting.

While cannabis registries are the beginning, they’re not the end. Driving efficacy for government registries needed for COVID19 track-and-tracing, cannabis plant track-and-tracing and vaccine distribution require the same attention to privacy, security and ultimate useability. A sea change is required – not just for the sake of those who use the registries but also for those who must implement, deploy and maintain those registries. The question isn’t when these privacy-first registries will be implemented, it’s a question of whether they’ll be implemented proactively ahead of hacks or after the damage is done. I believe the government sector leaders exploring new cannabis registries offer the wisdom and foresight to choose the proactive approach.

 

By a vote of 70-30, the U.S. Senate today confirmed Merrick Garland to be U.S. attorney general. While, prior to his confirmation, the new attorney general had not been outspoken about cannabis, federal prosecution of marijuana-related crimes, or the federal-state divide over the legality of cannabis, Attorney General Garland did offer the state-legal cannabis industry in the U.S. reason for optimism during his recent confirmation hearings.

Most notably, responding to a question from Sen. Cory Booker (D-NJ) concerning potentially reissuing the Cole Memorandum, then-Judge Garland, testified that he did not think it was a “useful use” of limited federal resources to prosecute most cannabis-related conduct:

“This is a question of the prioritization of our resources and prosecutorial discretion. It does not seem to me a useful use of limited resources that we have, to be pursuing prosecutions in states that have legalized and that are regulating the use of marijuana, either medically or otherwise. I don’t think that’s a useful use.

“I do think we need to be sure there are no end-runs around the state laws that criminal enterprises are doing.  So that kind of enforcement should be continued. But I don’t think it’s a good use of our resources, where states have already authorized. That only confuses people, obviously, within the state.”

The Cole Memorandum was prepared in 2013 by then-Deputy U.S. Attorney General James M. Cole. It offered “Guidance Regarding Marijuana Enforcement,” identified several federal “enforcement priorities,” and provided that the federal government generally would refrain from prosecuting marijuana-related offenses unless they implicated one of those enforcement priorities.

Notably, in a Feb. 22, 2021 article, “AG Nominee Garland Supports Pot Prosecution Pullback,” Law360 observed: “Judge Garland was careful not to say he would reinstate the memo specifically, saying he didn’t have all its tenets in mind at that very moment.  But he has read it and is familiar with it, he said.”

Thereafter, in his “Responses to Questions for the Record,” then-Judge Garland offered further insight into his thinking about cannabis:

Responding to questions from Sen. Charles Grassley (R-Iowa), the nominee repeated:

• “The Department of Justice has not historically devoted resources to prosecuting individuals for simple possession of marijuana.  As I suggested at my hearing, I do not think it the best use of the Department’s limited resources to pursue prosecutions of those who are complying with the laws in states that have legalized and are effectively regulating marijuana.  I do think we need to be sure, for example, that there are no end runs around the state laws by criminal enterprises, and that access is prohibited to minors.”
• “As I testified at my hearing, it is important to focus our attention on violent crimes and other crimes that greatly endanger our society, and prosecutions for simple marijuana possession are not an effective use of limited resources.  As I testified, we have seen disparate treatment in these prosecutions that has had a harmful impact on people and communities of color, including stymied employment opportunities and social and economic instability.”

The just-confirmed attorney general also responded similarly to a question posed by Sen. Ted Cruz (R-Texas):

As I testified at my hearing, it is important to focus our attention on violent crimes and other crimes that greatly endanger in our society. Large-scale illicit drug trafficking should be distinguished from simple marijuana possession and should be vigorously investigated and prosecuted.”

Beyond these few statements, however, Attorney General Garland, who had previously been nominated to the U.S. Supreme Court, reportedly has not made many public statements about cannabis. According to Marijuana Moment, before his recent testimony, the Attorney General’s “views on marijuana policy have been largely unclear to date.” And, addressing his recent testimony, Law360 observed in its February 22 report: “Judge Garland’s comments were his first on the Cole Memo.”

While Attorney General Garland still has not committed to supporting legalization, or even decriminalization, of cannabis at the federal level (or even to just reissuing the Cole Memorandum), his recent statements – which do seem similar in certain respects to ones made by former U.S. Attorney General William P. Barr during his confirmation hearings – stand in stark contrast to the approach of one of his recent predecessors, Jefferson B. Sessions III.  Appointed by President Donald J. Trump, Sessions, who had served previously as a U.S. Senator, rescinded the Cole Memorandum in 2018, replacing it with his own directive.  Attorney General Sessions was a notorious anti-cannabis crusader. In fact, according to a 2017 report in Politico Magazine, “[t]he longtime Alabama senator … had once joked that he considered the [Ku Klux] Klan to be OK guys until he found out they smoked pot. Only [advocates for marijuana law reform] weren’t quite sure he was kidding.” 

Regardless, the U.S. cannabis industry is optimistic that it now has an ally – or, at least, no longer an opponent – in the U.S. Department of Justice. For example, after his confirmation hearings, High Times reported that, although then-Judge General’s recent comments were “not exactly a ringing endorsement of cannabis policy reform, Justin Strekal, the political director for the National Organization for the Reform of Marijuana Laws (NORML), said in a statement from the organization that [then-Judge] Garland’s comments ‘indicate that he has no intention of curbing the progress being made in the regulation and consumer access of cannabis and for that, we can breathe a momentary sigh of relief.’”

According to Strekal: “There is much work left to do, but for the first time in over 4 years, supporters of ending federal marijuana criminalization no longer have an active opponent leading the Department of Justice.”

Any change in U.S. public policy concerning cannabis likely would have wide-ranging effects, impacting court decisions, contract enforcement, and even, for example, the insurance market. For example, in 2016 – citing the Cole Memorandum and then-developing federal public policy – the U.S. District Court for the District of Colorado, in The Green Earth Wellness Center v. Atain Specialty Ins. Co., 163 F. Supp. 3d 821 (D. Colo. 2016), required a commercial insurer to cover a marijuana-related loss(es). Determining generally that enforcement of the parties’ contractual agreement would not violate public policy, that court explained that, even then, there was a “difference between the federal government’s de jure and de facto public policies regarding state-regulated marijuana.”

As such, if and when the Cole Memorandum (or some similar directive) is reissued, cannabis use is legalized or decriminalized federally, or the DOJ even just signals a friendlier approach to cannabis at the federal level, courts – especially federal courts – undoubtedly will take notice, likely resulting in more cannabis-friendly judicial decisions as well. 

As such, starting today, the cannabis industry would be well served to keep careful track of any signals – formal policies or even just off-the-cuff statements – concerning cannabis that are offered by the new Attorney General and/or his DOJ.

Michael H. Sampson, Esq. is co-Chair of Leech Tishman Fuscaldo & Lampl LLC’s (“Leech Tishman”) Cannabis practice group, which is available to help with any or all cannabis-related legal issues.  Mr. Sampson and Leech Tishman will continue to monitor developments in cannabis-related public policy, Attorney General Garland’s public statements concerning cannabis, any further developments at the DOJ affecting the cannabis industry, and their collective effect on judicial decisions.  Mr. Sampson, who has a national cannabis-related legal practice, can be reached at msampson@leechtishman.com or at 412.261.1600.

 

On March 23, 2021, Cannabis Industry Journal is hosting our annual Cannabis Cultivation Virtual Conference. From Noon to 5 pm EST, you’ll get access to nine veterans of the cultivation market discussing a variety of topics related to the ins and outs of growing cannabis and hemp.

Hear from subject matter experts who will share their perspectives on growing organically, facility design and planning, hemp farming and integrated pest management.

Back in December during the Cannabis Quality Virtual Conference, the Cultivation Technology episode featured a session titled A Panel Discussion: Integrated Lifecycle of Designing a Cultivation Operation. Due to a large amount of interest and attendee questions that the panel did not have time to address, we are reprising this panel discussion and bringing it back on March 23.

Speakers for that panel discussion include: Gretchen Schimelpfenig, PE, Technical Director of Resource Innovation; Brandy Keen, Co-Founder & Sr. Technical Advisor at Surna, Inc; Adam Chalasinski, Applications Engineer at Rough Brothers/Nexus Greenhouse Systems/Tetra; David Vaillencourt, Founder & CEO of The GMP Collective, and Kyle Lisabeth, Vice President of Horticulture at Silver Bullet Water.

Other talks from the Cannabis Cultivation Virtual Conference on March 23 include:

• Why CBD Companies Should Go Organic
  • Brad Kelley, COO of Socati
• The Beginner’s Guide to Integrated Pest Management
  • David Perkins, Founder of Floresco Consulting
• Starting from Scratch: Launching a Hemp Farm in Georgia
  • Reginald “Reggie” Reese, Founder & CEO of The Green Toad Hemp Farm
  • Dwayne Hirsch, President & Chief of Business Development at The Green Toad Hemp Farm

You can check out the agenda in its entirety and register here. Attendees will have the opportunity to ask speakers questions during the live Q&A session that follows each session. Registration is complimentary. For sponsorship opportunities, contact RJ Palermo at Rj@innovativepublishing.net