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North Dakota Lawmakers Consider Legislation to Update Medical Cannabis Program

January 28, 2021 by CBD OIL

In Nassim Nicholas Taleb’s fantastic book titled Antifragile: Things That Gain from Disorder, he explains the concept of gains made through volatility (negative events). For example, he describes airplane crashes as making the airline industry stronger. Each crash is studied (via its fragility) and lessons are learned and incorporated into the industry as a whole. These lessons have led to dramatic drops in airplane crashes (antifragile) over the past 50 years.

Taleb also addresses the economy head-on by showing that our political leaders consistently make decisions to smooth out every bump in the economic road, creating complacency with risk taking that allows fragility to build up in the system (think the 2008-2009 financial crash). Complacency and 100% stability can be a killer.  

How can we apply this antifragile concept to cannabis given that the cannabis industry is hyper-volatile? The intention is to create a situation where the very nature of the fragility within the cannabis industry can benefit your firm when big, negative events occur. Looking to other industries can give us valuable insights into how companies can benefit from negative events.

Here are some negative events that can affect your cannabis business:

  1. The price of cannabis flower crashes due to overproduction.
  2. The regulatory scheme in a particular state becomes more rigorous and/or expensive.
  3. A product category crisis. (The vape crisis is a good example.) 
  4. An economic crisis that results in the drying up of investment capital.
  5. A key counter-party or relationship goes kaput.  For example, the wholesaler you’ve been relying on is suddenly out of business as a result of financial mismanagement, poor execution or, as recently happened to some farms in Oregon, a fire burning your business to the ground.

These examples are enough to illustrate the potential for negative events and to use in setting up a framework to thrive from the resulting chaos. Some of this may seem counterintuitive, but stick with it and know that this article is meant to jumpstart your thinking as it relates to upping your game in cannabis business risk management.

As French philosophers like to say, knowledge is historically contingent and based on power relations at any specific time. If this is so, then your knowledge of how to be successful in cannabis is also historically contingent and may just be historically out-of-date or just plain historically irrelevant. And needless to say there is always a firm more powerful than yours trying to set the agenda.

Let’s start with the idea of two cannabis companies: Both are two years old, both are growers, but one is 10 times larger than the other. To keep things simple, let’s just say that both have an equal capacity to grow and sell at the same rate in relation to the market. Meaning, if at any time the market is growing at 10%, then each of these firms can grow at 10%. Suddenly, a downward movement in cannabis prices cuts the wholesale price level by 50%. Which grower is at higher risk of going out of business quickly? We would argue it is the larger firm.

As you gird yourself for the inevitable negative events, you should be focusing on which additions to your company can be made that will make the negative event a non-event and help you consolidate market share/power.

 

As an analogy, think of two owners of different apartment buildings. Owner A has an eight-unit building, and owner B has a 100-unit building. If for some reason the market vacancy for apartments jumps to 25%, owner A will have two vacancies. Owner B will have 25 vacancies. Owner A can probably reduce the rent a bit and easily fill two units. For owner B,  reducing the asking rent across the 25 vacant units will have a materially negative impact on the property’s value—probably so much so that the outstanding loan on the property will be more than the building’s value. Also, renting two units versus renting 25 units is a much quicker process. Now substitute building units with crop yields, and the idea comes into focus.

The smaller cannabis grower will more likely be able to ratchet down volume a bit and wait out the storm. A large firm, with higher fixed costs, is probably toast in a matter of a few months because of its lack of agility. When cannabis companies built their grow operations, it really was analogous to a genetic mutation. The bigger firm is a bigger mutation than the smaller firm. A bedrock of biological evolution is that big mutations almost always reduce survival rates.

To build antifragility into the respective growers’ situations, the smaller firm would be wise to add a small dispensary business to its portfolio, even if this means having a smaller grow than desired. In a worst-case scenario, the smaller firm will only need to sell a few pounds of flower a week through its own dispensary, even at a reduced cost, in order to survive an industry-wide glut. For the larger firm to have a similar backstop, it would need to own 10 times the dispensary capacity compared to the smaller firm. This is arguably much harder for the larger grower to execute on and much more costly.

The takeaway is that in order to build antifragility into your company, you need to include antifragility in your plan when developing your business in a vertical manner; the ratio of the parts to each other should be consistently grown in tandem. A grow should have a certain level of dispensary capacity. As the grow gets bigger, the dispensary capacity should grow in tandem. Let’s call this the vertical integration ratio model, VIRM. Not to do this causes enterprises to be too weighted toward one vertical and face extinction risk in response to a negative event.

Now, let’s say the regulatory scheme becomes much more restrictive.

This was the case in June 2018 when the state of Oregon put a de facto cap on licenses by stopping the acceptance of new license applications in June of that year. Oregon had been an unlicensed cap state; if you qualified, you got a license. Then it became a capped state with a huge pipeline of applications. What to do?

Well, if you are nimble in your thinking, you see this as a huge opportunity. Even though the licenses have been capped, plenty of firms were looking forward to becoming vertically integrated. Such firms are now left with only two choices: merge or buy a firm in another vertical. Sticking to VIRM, you need to look around for an appropriate partner to buy or merge with that pushes your plan of vertical integration one step further. The target company, being in the same boat as you, will see the wisdom of such a merger. Before there was the United States, there were 13 colonies. Same concept.

The vaping crisis caught everybody in the industry flatfooted. Anecdotally, however, if you were a grower whose business was almost entirely or entirely focused on flower production, you tended to perform well in late 2019, early 2020, because consumers and patients on a broad level temporarily shifted to flower. If you were an extraction company, you could attempt to sell your oil and distillate to other derivative product makers—gummies, brownies, chocolate, all of which are substitute products. In High Desert Flower’s case, the team bought a distillation machine from a California extraction company that was hit so hard they changed their business model. 

The overall point is that as you gird yourself for the inevitable negative events, you should be focusing on which additions to your company can be made that will make the negative event a non-event and help you consolidate market share/power.

The Bigger ‘Black Swan’

An economic crisis, whether specific to your industry or macro in nature, is a much harder “black swan” (another Taleb meme) event to deal with. The old saying that “If your neighbor is out of a job it is a recession, and if you are out of a job it is a depression” is apropos to cannabis.

The goal is never to have your cannabis business in a depression. Obviously, the first goal in an economic crisis is survival, but assuming you have designed your firm for such an event, then your radar should be on the lookout for depression-level asset opportunities in your vertical or a vertical you recently moved into or are planning to annex (see VIRM above). Equipment, machinery, real estate, and other tangible goods always come on the market when the kief hits the fan. Be on the lookout for people and licenses in the unwind process.

This is very analogous to how the mortgage banking industry operates. Mortgage banks are those private firms that constantly advertise for your mortgage business (think Quicken Loans). When the industry hits a slump, existing firms absorb other firms and increase their economies of scale. Adding capacity with the concurrent decrease in back office expense throws dollars to the bottom line.

The most interesting cataclysmic event in the aforementioned list is when a key counterparty goes kaput. We have faced this multiple times but have not been able to take advantage of it, as of yet, for our firm’s growth. The most successful version we’ve seen of this is when a friend of ours, who owns a fairly large mortgage company, was tied into a technology platform when the software company’s CEO called him and said he had a week to find another vendor because the software company was going out of business and the software was going to shut down. My friend offered him $25,000 for the software source code as long as the lead engineer also became an employee of his mortgage firm. The CEO took the deal.  Masterstroke of brilliance.

We believe there are instances where this strategy can work in cannabis. If you do pull off this strategy we’d love to hear from you.

The big overall lesson here is not to be stuck in a linear thought process that blinds you to unorthodox growth opportunities in the midst of calamity. Look at streaming services (Netflix, Amazon), food delivery services (Uber, DoorDash), and video conferencing (Zoom) for inspiration. Granted, some were lucky, but others were heading in the right direction and the COVID-19 crisis compressed time for them. 

Loren Picard is CEO of Oregon-based High Desert Flower Inc. Alex Lee is vice president of High Desert Flower Inc. and co-founder of Oregon-based Engineered Extracts, LLC. You can reach Loren at loren@highdesertflower.com or Alex at alex.lee@engineeredextracts.com.

 

Filed Under: Cannabis News

Updates in Employment Law: CA, WA & CO

January 28, 2021 by CBD OIL

A number of laws have gone into effect in 2021 which may have a major impact on cannabis industry employers; clearly understanding the changing legal landscape is essential to avoid and limit potential liability in the new year and beyond. Below is a brief summary of some relevant new employment laws in cannabis friendly states:

California:

  • Expansion of family and medical leave: California has long required employers to provide job protected medical and family leave if an employee worked at a jobsite with 50 or more employees within a 75-mile radius.
  • Senate Bill 1383 now requires all employers with five or more employees to provide up to twelve weeks of unpaid, job-protected leave for employees to bond with a new child or to care for themselves or a family member suffering from a serious health condition. To be eligible for the leave, an employee must have at least 12 months of service with the employer and have performed at least 1,250 hours of work in the previous 12-month period. While on leave, employees are entitled to continue to participate in an employer’s health insurance plan and to return to their job or a comparable position at the conclusion of their job-protected leave. Previously exempt small employers should be aware of these obligations moving forward.
  • Employer Pay Reporting Requirements: Under Senate Bill 973, employers with 100 or more employees that are required to file an annual Employer Information Report, colloquially known as the EEO-1 report, must submit annual information on its employees’ pay data to the state’s Department of Fair Employment and Housing (DFEH). The report must include the number of the employer’s employees by race, ethnicity and sex in specific job categories and pay ranges and their associated work hours and earnings.
  • The first report is due on March 31, 2021, and the DFEH has prepared an online portal to assist employers in submitting this information. These reports can be complex and address highly sensitive information, so employers are strongly advised to contact counsel for assistance in preparing and submitting their first report.

Washington

  • Increased pay requirements: Washington’s inflation-based minimum wage system has increased the minimum wage to $13.69 per hour in 2021. Employers with 50 or fewer employees must also pay salaried employees at least $827 per week (or $43,004 per year) and employers with more than 50 employees must pay at least $965 per week (or $50,180 per year) starting January 1st.

Colorado

  • Equal Pay for Equal Work Act: Beginning in 2021, all employers with at least one employee must: (1) provide formal notice to Colorado employees of promotional opportunities; and (2) disclose pay rates or ranges in job postings that could be performed in Colorado (this includes virtual or remote work positions).
  • The Equal Pay for Equal Work Act generally requires employers to take reasonable efforts to promptly announce, post, or otherwise communicate all opportunities to all current employees prior to making a promotion decision. An employer must communicate promotional opportunities when it has or anticipates a vacancy or a new position that could be considered a promotion for current employees in light of pay, benefits, status, duties or further potential promotions.
  • Under the law, job postings must also include: (1) the rate of pay or pay range for the position; (2) a general description of bonuses, commissions or other forms of compensation offered with the job; and (3) a description of the employment benefits associated with the position.

Cannabis industry employers face a range of new laws, even absent the continued legal burden of managing employees during the COVID 19 pandemic. Employers should consider carefully reviewing all applicable laws and seeking guidance from counsel when needed.

analysis business CA California cannabis career CO colorado compliance Conor Dale DFEH employee employer employment equal Equal Pay equal work family government industry job jobsite law leave legal legalization legalize legislation license marijuana market medical minimum recreational regulation regulations regulatory reporting requirement retail state update WA wage washington

About The Author

Conor Dale

Attorney

Conor Dale is a principal with the law firm of Jackson Lewis, P.C. He provides strategic advice and counseling to employers regarding independent contractor and employee classification issues, and represents businesses in the technology and cannabis industries.

Filed Under: Cannabis News

Montana Lawmaker Drafts Legislation to Amend State’s Adult-Use Cannabis Legalization Initiative

January 27, 2021 by CBD OIL

In Nassim Nicholas Taleb’s fantastic book titled Antifragile: Things That Gain from Disorder, he explains the concept of gains made through volatility (negative events). For example, he describes airplane crashes as making the airline industry stronger. Each crash is studied (via its fragility) and lessons are learned and incorporated into the industry as a whole. These lessons have led to dramatic drops in airplane crashes (antifragile) over the past 50 years.

Taleb also addresses the economy head-on by showing that our political leaders consistently make decisions to smooth out every bump in the economic road, creating complacency with risk taking that allows fragility to build up in the system (think the 2008-2009 financial crash). Complacency and 100% stability can be a killer.  

How can we apply this antifragile concept to cannabis given that the cannabis industry is hyper-volatile? The intention is to create a situation where the very nature of the fragility within the cannabis industry can benefit your firm when big, negative events occur. Looking to other industries can give us valuable insights into how companies can benefit from negative events.

Here are some negative events that can affect your cannabis business:

  1. The price of cannabis flower crashes due to overproduction.
  2. The regulatory scheme in a particular state becomes more rigorous and/or expensive.
  3. A product category crisis. (The vape crisis is a good example.) 
  4. An economic crisis that results in the drying up of investment capital.
  5. A key counter-party or relationship goes kaput.  For example, the wholesaler you’ve been relying on is suddenly out of business as a result of financial mismanagement, poor execution or, as recently happened to some farms in Oregon, a fire burning your business to the ground.

These examples are enough to illustrate the potential for negative events and to use in setting up a framework to thrive from the resulting chaos. Some of this may seem counterintuitive, but stick with it and know that this article is meant to jumpstart your thinking as it relates to upping your game in cannabis business risk management.

As French philosophers like to say, knowledge is historically contingent and based on power relations at any specific time. If this is so, then your knowledge of how to be successful in cannabis is also historically contingent and may just be historically out-of-date or just plain historically irrelevant. And needless to say there is always a firm more powerful than yours trying to set the agenda.

Let’s start with the idea of two cannabis companies: Both are two years old, both are growers, but one is 10 times larger than the other. To keep things simple, let’s just say that both have an equal capacity to grow and sell at the same rate in relation to the market. Meaning, if at any time the market is growing at 10%, then each of these firms can grow at 10%. Suddenly, a downward movement in cannabis prices cuts the wholesale price level by 50%. Which grower is at higher risk of going out of business quickly? We would argue it is the larger firm.

As you gird yourself for the inevitable negative events, you should be focusing on which additions to your company can be made that will make the negative event a non-event and help you consolidate market share/power.

 

As an analogy, think of two owners of different apartment buildings. Owner A has an eight-unit building, and owner B has a 100-unit building. If for some reason the market vacancy for apartments jumps to 25%, owner A will have two vacancies. Owner B will have 25 vacancies. Owner A can probably reduce the rent a bit and easily fill two units. For owner B,  reducing the asking rent across the 25 vacant units will have a materially negative impact on the property’s value—probably so much so that the outstanding loan on the property will be more than the building’s value. Also, renting two units versus renting 25 units is a much quicker process. Now substitute building units with crop yields, and the idea comes into focus.

The smaller cannabis grower will more likely be able to ratchet down volume a bit and wait out the storm. A large firm, with higher fixed costs, is probably toast in a matter of a few months because of its lack of agility. When cannabis companies built their grow operations, it really was analogous to a genetic mutation. The bigger firm is a bigger mutation than the smaller firm. A bedrock of biological evolution is that big mutations almost always reduce survival rates.

To build antifragility into the respective growers’ situations, the smaller firm would be wise to add a small dispensary business to its portfolio, even if this means having a smaller grow than desired. In a worst-case scenario, the smaller firm will only need to sell a few pounds of flower a week through its own dispensary, even at a reduced cost, in order to survive an industry-wide glut. For the larger firm to have a similar backstop, it would need to own 10 times the dispensary capacity compared to the smaller firm. This is arguably much harder for the larger grower to execute on and much more costly.

The takeaway is that in order to build antifragility into your company, you need to include antifragility in your plan when developing your business in a vertical manner; the ratio of the parts to each other should be consistently grown in tandem. A grow should have a certain level of dispensary capacity. As the grow gets bigger, the dispensary capacity should grow in tandem. Let’s call this the vertical integration ratio model, VIRM. Not to do this causes enterprises to be too weighted toward one vertical and face extinction risk in response to a negative event.

Now, let’s say the regulatory scheme becomes much more restrictive.

This was the case in June 2018 when the state of Oregon put a de facto cap on licenses by stopping the acceptance of new license applications in June of that year. Oregon had been an unlicensed cap state; if you qualified, you got a license. Then it became a capped state with a huge pipeline of applications. What to do?

Well, if you are nimble in your thinking, you see this as a huge opportunity. Even though the licenses have been capped, plenty of firms were looking forward to becoming vertically integrated. Such firms are now left with only two choices: merge or buy a firm in another vertical. Sticking to VIRM, you need to look around for an appropriate partner to buy or merge with that pushes your plan of vertical integration one step further. The target company, being in the same boat as you, will see the wisdom of such a merger. Before there was the United States, there were 13 colonies. Same concept.

The vaping crisis caught everybody in the industry flatfooted. Anecdotally, however, if you were a grower whose business was almost entirely or entirely focused on flower production, you tended to perform well in late 2019, early 2020, because consumers and patients on a broad level temporarily shifted to flower. If you were an extraction company, you could attempt to sell your oil and distillate to other derivative product makers—gummies, brownies, chocolate, all of which are substitute products. In High Desert Flower’s case, the team bought a distillation machine from a California extraction company that was hit so hard they changed their business model. 

The overall point is that as you gird yourself for the inevitable negative events, you should be focusing on which additions to your company can be made that will make the negative event a non-event and help you consolidate market share/power.

The Bigger ‘Black Swan’

An economic crisis, whether specific to your industry or macro in nature, is a much harder “black swan” (another Taleb meme) event to deal with. The old saying that “If your neighbor is out of a job it is a recession, and if you are out of a job it is a depression” is apropos to cannabis.

The goal is never to have your cannabis business in a depression. Obviously, the first goal in an economic crisis is survival, but assuming you have designed your firm for such an event, then your radar should be on the lookout for depression-level asset opportunities in your vertical or a vertical you recently moved into or are planning to annex (see VIRM above). Equipment, machinery, real estate, and other tangible goods always come on the market when the kief hits the fan. Be on the lookout for people and licenses in the unwind process.

This is very analogous to how the mortgage banking industry operates. Mortgage banks are those private firms that constantly advertise for your mortgage business (think Quicken Loans). When the industry hits a slump, existing firms absorb other firms and increase their economies of scale. Adding capacity with the concurrent decrease in back office expense throws dollars to the bottom line.

The most interesting cataclysmic event in the aforementioned list is when a key counterparty goes kaput. We have faced this multiple times but have not been able to take advantage of it, as of yet, for our firm’s growth. The most successful version we’ve seen of this is when a friend of ours, who owns a fairly large mortgage company, was tied into a technology platform when the software company’s CEO called him and said he had a week to find another vendor because the software company was going out of business and the software was going to shut down. My friend offered him $25,000 for the software source code as long as the lead engineer also became an employee of his mortgage firm. The CEO took the deal.  Masterstroke of brilliance.

We believe there are instances where this strategy can work in cannabis. If you do pull off this strategy we’d love to hear from you.

The big overall lesson here is not to be stuck in a linear thought process that blinds you to unorthodox growth opportunities in the midst of calamity. Look at streaming services (Netflix, Amazon), food delivery services (Uber, DoorDash), and video conferencing (Zoom) for inspiration. Granted, some were lucky, but others were heading in the right direction and the COVID-19 crisis compressed time for them. 

Loren Picard is CEO of Oregon-based High Desert Flower Inc. Alex Lee is vice president of High Desert Flower Inc. and co-founder of Oregon-based Engineered Extracts, LLC. You can reach Loren at loren@highdesertflower.com or Alex at alex.lee@engineeredextracts.com.

 

Filed Under: Cannabis News

Marijuana Policy Project Announces the Election of New Chair to Board of Directors

January 27, 2021 by CBD OIL

<![CDATA[

Washington, D.C. — PRESS RELEASE — The nation’s largest marijuana policy organization, the Marijuana Policy Project (MPP), has announced the election of Sal Pace to serve as Chair to the Board of Directors. 

"We’re very excited to have Sal as our new chair,” said MPP Executive Director Steve Hawkins. “Sal is a recognized leader in the cannabis reform arena having used his platform as an elected official to advance common sense reforms. With tremendous passion and an in-depth knowledge of cannabis policy issues, he is an excellent choice to lead our board." 

Pace has held elected office as a county commissioner in Pueblo County, Colo., and as a Colorado State Representative, during which time he served as House Minority Leader. Pace is widely recognized as one of the nation’s most knowledgeable former elected officials on the subject of marijuana policy.

"Sal Pace has brought a pioneering effort both in the Colorado cannabis program and his leadership nationally. I count Sal as a valuable and essential ally in my work for cannabis reform," said U.S. Rep. Earl Blumenauer (D-OR), co-chair and founder of the Congressional Cannabis Caucus.

During his time in the General Assembly, Pace played a leading role in developing Colorado’s medical marijuana model, earning him recognition as the “face of regulation” from local news media. He served on several policy and legislative interim committees focused on cannabis, and he founded a national organization of local elected officials, Leaders For Reform, in response to Attorney General Jeff Sessions’ rescission of the Cole memo.

"Ending marijuana prohibition in the U.S. is the most effective way to address social justice issues,” said Pace. “Even with all of MPPs successes to date changing laws across the country, 600,000 people are still arrested annually, and 40,000 are behind bars because of marijuana charges. As MPP chair, we aren’t just focused on legalization, we’re also concerned with doing it right, which means equity and diversity in opportunity and correcting the negative impacts from the failed war on drugs."

As a county commissioner, Pace led efforts to create the Institute of Cannabis Research at Colorado State University-Pueblo and to establish the first college scholarship program funded by cannabis tax revenue. Prior to running for office, he served as a Congressional and campaign staffer. Pace serves on the boards of the Institute of Cannabis Research, Colorado’s Front Range Rail Commission, and the Colorado Independent Venues Association. He is also an advisory board member for HeadCount’s Cannabis Voter Project.

Pace replaces Arcview co-founder Troy Dayton as board chair, who stepped down from the MPP board this year. 

"It’s been a huge honor to serve on MPP’s board for the last seven years and to be involved with the organization as a volunteer, grantee, and employee since its founding in 1995,” said Dayton. “I’ve learned so much from my fellow board members as we navigated various crises, losses and victories together over the years. I feel like I pitched seven innings and now it’s time to bring in the closing pitcher for the big win. Sal Pace has what it takes to help our amazing board and staff—led by star Executive Director Steve Hawkins—put the final nails in the coffin of cannabis prohibition. May it be so."

"I have huge shoes to fill replacing Troy,” Pace added. “When the history of ending prohibition is written, Troy will be recognized as an instrumental leader."

MPP has been a leading advocate for federal marijuana policy reform on Capitol Hill since the organization was founded in 1995, and it has spearheaded most of the major state-level reforms that have occurred over the past two decades.

]]>

Filed Under: Cannabis News

Molson Coors Joint Venture Selects Quicksilver Scientific as Technology Partner

January 27, 2021 by CBD OIL

According to a press release published this week, Quicksilver Scientific, a nanoemulsion delivery technology company, announced a partnership with Truss CBD USA, which is the joint venture between Molson Coors and HEXO Cannabis.

Quicksilver is a manufacturer of nutritional supplements that uses a patent-pending nanoemulsion delivery technology. Their technology is what enables companies to produce cannabinoid-infused beverages.

Because cannabinoids like CBD are hydrophobic, meaning they are not water-soluble, companies have to use nanoemulsion technology to infuse beverages. Without this technology, beverages with cannabinoids would have inconsistent levels of compounds and they wouldn’t work well to actually deliver the cannabinoids to the body. Nanoemulsion essentially cannabinoids water soluble, thus allowing the delivery of cannabinoids to the bloodstream, increasing bioavailability.

Dr. Christopher Shade, Ph.D., founder & CEO of Quicksilver Scientific says they have perfected their nanoemulsion technology over the past decade. “CBD is not water-soluble, which creates challenges for manufacturers when attempting to mix it into beverages,” says Dr. Shade. “Our innovative nanoemulsion technology overcomes these challenges by encapsulating nano-sized CBD particles in water-soluble spheres that can be directly added to beverages. The result is a clear, great-tasting product with greater bioavailability, a measure of a compound’s concentration that is absorbed into the body’s bloodstream.”

The Veryvell beverage product line

Quicksilver is providing their technology to be used with Veryvell, the joint venture’s new line of non-alcoholic, hemp-derived CBD beverages. The beverage line is already available in the Colorado market. According to the press release, the three product offerings include: “Focus” (grapefruit and tarragon with ginseng and guarana), “Mind & Body” (strawberry and hibiscus with ashwagandha and elderberry) and “Unwind” (blueberry and lavender flavors with ashwagandha and L-Theanine).

Filed Under: Cannabis News

Thriving in Cannabis Chaos: Lessons From Other Industries

January 27, 2021 by CBD OIL

In Nassim Nicholas Taleb’s fantastic book titled Antifragile: Things That Gain from Disorder, he explains the concept of gains made through volatility (negative events). For example, he describes airplane crashes as making the airline industry stronger. Each crash is studied (via its fragility) and lessons are learned and incorporated into the industry as a whole. These lessons have led to dramatic drops in airplane crashes (antifragile) over the past 50 years.

Taleb also addresses the economy head-on by showing that our political leaders consistently make decisions to smooth out every bump in the economic road, creating complacency with risk taking that allows fragility to build up in the system (think the 2008-2009 financial crash). Complacency and 100% stability can be a killer.  

How can we apply this antifragile concept to cannabis given that the cannabis industry is hyper-volatile? The intention is to create a situation where the very nature of the fragility within the cannabis industry can benefit your firm when big, negative events occur. Looking to other industries can give us valuable insights into how companies can benefit from negative events.

Here are some negative events that can affect your cannabis business:

  1. The price of cannabis flower crashes due to overproduction.
  2. The regulatory scheme in a particular state becomes more rigorous and/or expensive.
  3. A product category crisis. (The vape crisis is a good example.) 
  4. An economic crisis that results in the drying up of investment capital.
  5. A key counter-party or relationship goes kaput.  For example, the wholesaler you’ve been relying on is suddenly out of business as a result of financial mismanagement, poor execution or, as recently happened to some farms in Oregon, a fire burning your business to the ground.

These examples are enough to illustrate the potential for negative events and to use in setting up a framework to thrive from the resulting chaos. Some of this may seem counterintuitive, but stick with it and know that this article is meant to jumpstart your thinking as it relates to upping your game in cannabis business risk management.

As French philosophers like to say, knowledge is historically contingent and based on power relations at any specific time. If this is so, then your knowledge of how to be successful in cannabis is also historically contingent and may just be historically out-of-date or just plain historically irrelevant. And needless to say there is always a firm more powerful than yours trying to set the agenda.

Let’s start with the idea of two cannabis companies: Both are two years old, both are growers, but one is 10 times larger than the other. To keep things simple, let’s just say that both have an equal capacity to grow and sell at the same rate in relation to the market. Meaning, if at any time the market is growing at 10%, then each of these firms can grow at 10%. Suddenly, a downward movement in cannabis prices cuts the wholesale price level by 50%. Which grower is at higher risk of going out of business quickly? We would argue it is the larger firm.

As you gird yourself for the inevitable negative events, you should be focusing on which additions to your company can be made that will make the negative event a non-event and help you consolidate market share/power.

 

As an analogy, think of two owners of different apartment buildings. Owner A has an eight-unit building, and owner B has a 100-unit building. If for some reason the market vacancy for apartments jumps to 25%, owner A will have two vacancies. Owner B will have 25 vacancies. Owner A can probably reduce the rent a bit and easily fill two units. For owner B,  reducing the asking rent across the 25 vacant units will have a materially negative impact on the property’s value—probably so much so that the outstanding loan on the property will be more than the building’s value. Also, renting two units versus renting 25 units is a much quicker process. Now substitute building units with crop yields, and the idea comes into focus.

The smaller cannabis grower will more likely be able to ratchet down volume a bit and wait out the storm. A large firm, with higher fixed costs, is probably toast in a matter of a few months because of its lack of agility. When cannabis companies built their grow operations, it really was analogous to a genetic mutation. The bigger firm is a bigger mutation than the smaller firm. A bedrock of biological evolution is that big mutations almost always reduce survival rates.

To build antifragility into the respective growers’ situations, the smaller firm would be wise to add a small dispensary business to its portfolio, even if this means having a smaller grow than desired. In a worst-case scenario, the smaller firm will only need to sell a few pounds of flower a week through its own dispensary, even at a reduced cost, in order to survive an industry-wide glut. For the larger firm to have a similar backstop, it would need to own 10 times the dispensary capacity compared to the smaller firm. This is arguably much harder for the larger grower to execute on and much more costly.

The takeaway is that in order to build antifragility into your company, you need to include antifragility in your plan when developing your business in a vertical manner; the ratio of the parts to each other should be consistently grown in tandem. A grow should have a certain level of dispensary capacity. As the grow gets bigger, the dispensary capacity should grow in tandem. Let’s call this the vertical integration ratio model, VIRM. Not to do this causes enterprises to be too weighted toward one vertical and face extinction risk in response to a negative event.

Now, let’s say the regulatory scheme becomes much more restrictive.

This was the case in June 2018 when the state of Oregon put a de facto cap on licenses by stopping the acceptance of new license applications in June of that year. Oregon had been an unlicensed cap state; if you qualified, you got a license. Then it became a capped state with a huge pipeline of applications. What to do?

Well, if you are nimble in your thinking, you see this as a huge opportunity. Even though the licenses have been capped, plenty of firms were looking forward to becoming vertically integrated. Such firms are now left with only two choices: merge or buy a firm in another vertical. Sticking to VIRM, you need to look around for an appropriate partner to buy or merge with that pushes your plan of vertical integration one step further. The target company, being in the same boat as you, will see the wisdom of such a merger. Before there was the United States, there were 13 colonies. Same concept.

The vaping crisis caught everybody in the industry flatfooted. Anecdotally, however, if you were a grower whose business was almost entirely or entirely focused on flower production, you tended to perform well in late 2019, early 2020, because consumers and patients on a broad level temporarily shifted to flower. If you were an extraction company, you could attempt to sell your oil and distillate to other derivative product makers—gummies, brownies, chocolate, all of which are substitute products. In High Desert Flower’s case, the team bought a distillation machine from a California extraction company that was hit so hard they changed their business model. 

The overall point is that as you gird yourself for the inevitable negative events, you should be focusing on which additions to your company can be made that will make the negative event a non-event and help you consolidate market share/power.

The Bigger ‘Black Swan’

An economic crisis, whether specific to your industry or macro in nature, is a much harder “black swan” (another Taleb meme) event to deal with. The old saying that “If your neighbor is out of a job it is a recession, and if you are out of a job it is a depression” is apropos to cannabis.

The goal is never to have your cannabis business in a depression. Obviously, the first goal in an economic crisis is survival, but assuming you have designed your firm for such an event, then your radar should be on the lookout for depression-level asset opportunities in your vertical or a vertical you recently moved into or are planning to annex (see VIRM above). Equipment, machinery, real estate, and other tangible goods always come on the market when the kief hits the fan. Be on the lookout for people and licenses in the unwind process.

This is very analogous to how the mortgage banking industry operates. Mortgage banks are those private firms that constantly advertise for your mortgage business (think Quicken Loans). When the industry hits a slump, existing firms absorb other firms and increase their economies of scale. Adding capacity with the concurrent decrease in back office expense throws dollars to the bottom line.

The most interesting cataclysmic event in the aforementioned list is when a key counterparty goes kaput. We have faced this multiple times but have not been able to take advantage of it, as of yet, for our firm’s growth. The most successful version we’ve seen of this is when a friend of ours, who owns a fairly large mortgage company, was tied into a technology platform when the software company’s CEO called him and said he had a week to find another vendor because the software company was going out of business and the software was going to shut down. My friend offered him $25,000 for the software source code as long as the lead engineer also became an employee of his mortgage firm. The CEO took the deal.  Masterstroke of brilliance.

We believe there are instances where this strategy can work in cannabis. If you do pull off this strategy we’d love to hear from you.

The big overall lesson here is not to be stuck in a linear thought process that blinds you to unorthodox growth opportunities in the midst of calamity. Look at streaming services (Netflix, Amazon), food delivery services (Uber, DoorDash), and video conferencing (Zoom) for inspiration. Granted, some were lucky, but others were heading in the right direction and the COVID-19 crisis compressed time for them. 

Loren Picard is CEO of Oregon-based High Desert Flower Inc. Alex Lee is vice president of High Desert Flower Inc. and co-founder of Oregon-based Engineered Extracts, LLC. You can reach Loren at loren@highdesertflower.com or Alex at alex.lee@engineeredextracts.com.

 

Filed Under: Cannabis News

Aphria Inc. Adult-Use Brand Solei Introduces Highest Potency Topical Available in Canadian Market

January 27, 2021 by CBD OIL

EDMONTON, AB, Jan. 21, 2021 /CNW/ – PRESS RELEASE – Aurora Cannabis Inc., a Canadian cannabis company, has announced that it has entered into an agreement with a syndicate of underwriters led by BMO Capital Markets and ATB Capital Markets, under which the underwriters have agreed to buy on bought deal basis 12,000,000 units of the company at a price of US$10.45 per unit for gross proceeds of approximately US$125 million. Each unit will be comprised of one common share of the company and one half of one common share purchase warrant of the company. Each warrant will be exercisable to acquire one common share of the company for a period of 36 months following the closing date of the offering at an exercise price of US$12.60 per warrant share, subject to adjustment in certain events.

The company has granted the underwriters an option, exercisable at the offering price for a period of 30 days following the closing of the offering, to purchase up to an additional 10% of the offering to cover over-allotments, if any. This option may be exercised by the underwriters for additional units, common shares, warrants or any combination of such securities.  

The net proceeds of the offering will be used for general corporate purposes, which may include opportunistically reducing debt. The company believes that the offering fits with its broader strategy to have a strong balance sheet while maintaining maximum flexibility to invest and build towards being a leader in global cannabinoids.

The closing of the offering is expected to take place on or about Jan. 26, 2021 and will be subject to customary conditions, including approvals of the Toronto Stock Exchange and the New York Stock Exchange.

A prospectus supplement to the company’s short form base shelf prospectus dated Oct. 28, 2020 will be filed with the securities commissions or securities regulatory authorities in each of the provinces of Canada, except Quebec, and with the U.S. Securities and Exchange Commission (the SEC) as part of the company’s registration statement on Form F-10 under the U.S./Canada Multijurisdictional Disclosure System. The Prospectus Supplement, the Base Shelf Prospectus and the Registration Statement contain important detailed information about the company and the proposed offering. Prospective investors should read the Prospectus Supplement, the Base Shelf Prospectus and the Registration Statement and the other documents the company has filed for more complete information about the company and this offering before making an investment decision.

Copies of the Prospectus Supplement, following filing thereof, and the Base Shelf Prospectus will be available on SEDAR at www.sedar.com and copies of the Prospectus Supplement and the Registration Statement will be available on EDGAR at www.sec.gov. Copies of the Prospectus Supplement, following filing thereof, the Base Shelf Prospectus and the Registration Statement may also be obtained from BMO Capital Markets by contacting BMO Capital Markets, Brampton Distribution Centre C/O The Data Group of Companies, 9195 Torbram Road, Brampton, Ontario, L6S 6H2 or by telephone at (905) 791-3151 Ext 431 or by email at torbramwarehouse@datagroup.ca or from BMO Capital Markets Corp., Attn: Equity Syndicate Department, 3 Times Square, 25th Floor, New York, NY 10036 (Attn: Equity Syndicate), or by telephone at (800) 414-3627 or by email at bmoprospectus@bmo.com. Copies of such documents may also be obtained from ATB Capital Markets Inc., Attn: Gail O’Connor, 410-585 8th Ave SW, Calgary, Alberta, T2P 1G1, (403) 539-8629 or by email from atbcm_dealflow@atb.com.

No securities regulatory authority has either approved or disapproved of the contents of this press release. This press release is for information purposes only and shall not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of these securities in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction.

Filed Under: Cannabis News

Green Check Verified Joins Forces with Laika to Bolster Compliance in Cannabis Banking

January 27, 2021 by CBD OIL

New York, New York – January 26, 2021 – PRESS RELEASE – Green Check Verified (GCV), a regtech provider of compliant cannabis banking solutions, has announced a partnership with Laika, an enterprise-ready compliance platform, to provide financial institutions with an extra layer of compliance oversight in the rapidly-growing cannabis banking space. 

Legal in 37 states, of which GCV is currently operating in 22, this $13B industry is of particular interest to banks and  credit unions looking for low cost deposit growth, increased fee revenue and strong commercial partnerships with local business owners. As financial institutions increasingly capitalize on this huge market opportunity, GCV’s partnership with Laika will help streamline its own internal compliance and security programs, providing additional assurance for all Green Check clients and partners.

“Having led vendor risk management for one of the largest financial institutions in the world, I am in a unique position to help fast growing technology companies build scalable security practices,” said Eva Pittas, founder of Laika. “We’re excited to be working with Green Check Verified – their seasoned team of entrepreneurs coupled with its innovative regtech platform will be pivotal for FIs looking to enter the legal cannabis banking space.”

“At GCV, everything we do is hyper-focused on compliance,” said Kevin Hart, CEO of Green Check Verified. “We continue to identify ways to reduce risk and allow FIs to bank cannabis confidently and securely. By partnering with Laika, we are not only leveraging our internal regulatory technology expertise, but banks and credit unions will benefit from having the additional oversight from a third-party vendor, adding an extra layer of compliance associated with cannabis banking.”

Laika is an enterprise-ready compliance platform that enables growing companies to compete on the same level as any large organization. The collaboration between Laika and GCV empowers financial institutions entering the highly regulated industry of banking cannabis to satisfy internal vendor due-diligence requirements. Board and examiners are increasingly demanding that cannabis programs not only satisfy specific regulations but that individual firms showcase they are a fully compliant vendor, from top to bottom.

Filed Under: Cannabis News

North Dakota Lawmaker Sponsors Adult-Use Cannabis Legalization Bill

January 27, 2021 by CBD OIL

New York, New York – January 26, 2021 – PRESS RELEASE – Green Check Verified (GCV), a regtech provider of compliant cannabis banking solutions, has announced a partnership with Laika, an enterprise-ready compliance platform, to provide financial institutions with an extra layer of compliance oversight in the rapidly-growing cannabis banking space. 

Legal in 37 states, of which GCV is currently operating in 22, this $13B industry is of particular interest to banks and  credit unions looking for low cost deposit growth, increased fee revenue and strong commercial partnerships with local business owners. As financial institutions increasingly capitalize on this huge market opportunity, GCV’s partnership with Laika will help streamline its own internal compliance and security programs, providing additional assurance for all Green Check clients and partners.

“Having led vendor risk management for one of the largest financial institutions in the world, I am in a unique position to help fast growing technology companies build scalable security practices,” said Eva Pittas, founder of Laika. “We’re excited to be working with Green Check Verified – their seasoned team of entrepreneurs coupled with its innovative regtech platform will be pivotal for FIs looking to enter the legal cannabis banking space.”

“At GCV, everything we do is hyper-focused on compliance,” said Kevin Hart, CEO of Green Check Verified. “We continue to identify ways to reduce risk and allow FIs to bank cannabis confidently and securely. By partnering with Laika, we are not only leveraging our internal regulatory technology expertise, but banks and credit unions will benefit from having the additional oversight from a third-party vendor, adding an extra layer of compliance associated with cannabis banking.”

Laika is an enterprise-ready compliance platform that enables growing companies to compete on the same level as any large organization. The collaboration between Laika and GCV empowers financial institutions entering the highly regulated industry of banking cannabis to satisfy internal vendor due-diligence requirements. Board and examiners are increasingly demanding that cannabis programs not only satisfy specific regulations but that individual firms showcase they are a fully compliant vendor, from top to bottom.

Filed Under: Cannabis News

California Regulators Issue New Rules for Cannabis Billboards

January 27, 2021 by CBD OIL

New York, New York – January 26, 2021 – PRESS RELEASE – Green Check Verified (GCV), a regtech provider of compliant cannabis banking solutions, has announced a partnership with Laika, an enterprise-ready compliance platform, to provide financial institutions with an extra layer of compliance oversight in the rapidly-growing cannabis banking space. 

Legal in 37 states, of which GCV is currently operating in 22, this $13B industry is of particular interest to banks and  credit unions looking for low cost deposit growth, increased fee revenue and strong commercial partnerships with local business owners. As financial institutions increasingly capitalize on this huge market opportunity, GCV’s partnership with Laika will help streamline its own internal compliance and security programs, providing additional assurance for all Green Check clients and partners.

“Having led vendor risk management for one of the largest financial institutions in the world, I am in a unique position to help fast growing technology companies build scalable security practices,” said Eva Pittas, founder of Laika. “We’re excited to be working with Green Check Verified – their seasoned team of entrepreneurs coupled with its innovative regtech platform will be pivotal for FIs looking to enter the legal cannabis banking space.”

“At GCV, everything we do is hyper-focused on compliance,” said Kevin Hart, CEO of Green Check Verified. “We continue to identify ways to reduce risk and allow FIs to bank cannabis confidently and securely. By partnering with Laika, we are not only leveraging our internal regulatory technology expertise, but banks and credit unions will benefit from having the additional oversight from a third-party vendor, adding an extra layer of compliance associated with cannabis banking.”

Laika is an enterprise-ready compliance platform that enables growing companies to compete on the same level as any large organization. The collaboration between Laika and GCV empowers financial institutions entering the highly regulated industry of banking cannabis to satisfy internal vendor due-diligence requirements. Board and examiners are increasingly demanding that cannabis programs not only satisfy specific regulations but that individual firms showcase they are a fully compliant vendor, from top to bottom.

Filed Under: Cannabis News

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