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Leaders in Infused Products Manufacturing: Part 5

December 3, 2020 by CBD OIL

Cannabis infused products manufacturing is quickly becoming a massive new market. With companies producing everything from gummies to lotions, there is a lot of room for growth as consumer data is showing a larger shift away from smokable products to ingestible or infused products.

This is the fifth and final article in a series where we interview leaders in the national infused products market. In this final piece, we talk with Lisa McClung, CEO, and Glenn Armstrong, senior advisor at Coda Signature. Lisa got started with Coda in 2019 as a board member after transitioning from an executive role at Wrigley. She now heads up the company as CEO and President. Glenn has deep experience in product development and innovation with brands such as General Mills, Whirlpool and Wrigley.

Aaron Green: Okay, great let’s get started here. So we’ll start with Lisa. How did you get involved at Coda?

Lisa McClung, CEO of Coda Signature

Lisa McClung: I was lucky. Based on my experience, I was originally asked to be on the board of Coda. I’ve served on nine company boards in addition to my career as an executive at General Electric and at the Wrigley Company where I was heavily involved with innovation. The Board then asked me to consider stepping in as CEO after I’d been working there for six months. I was just overwhelmingly complimented that they considered me and I feel incredibly lucky to be here.

Aaron: Okay, great. Glenn, how did you get involved in Coda?

Glenn Armstrong: We’ve known each other for a long time at Wrigley. I was in innovation for the confectionery side and worked very closely with Lisa. When she became a board member, she asked me to do some advising for her. I’m new to the cannabis industry so, I was really excited about doing something different. When Lisa became CEO, she asked me if I would help her.

Aaron: How do you think about differentiating in the market?

Glenn: I spent 90% of my career on the innovation side working with companies like General Mills, Quaker Oats and Amway. When I think about how to differentiate almost any company I always focus on innovation. In the cannabis industry, everybody’s got gummies and chocolates but you’ll hear people talking about “gummies are going away.” No, you’ve just got to innovate, right? It’s like the carrot peeler from 20 years ago. It used to sell for about 25 cents, and it was all steel and now they sell for $10.99. Who would have known?

Glenn Armstrong, Senior Advisor at Coda Signature

I believe anything can be innovative. When I looked at the gummies I asked, “what we learned at Wrigley, can we bring into Coda that currently is not in this industry?” Think about various gums and how they can change flavors over time like Juicy Fruit which dissipates really quickly and that’s just how the flavor is.

Or, there are other ways like spearmint. You can get an initial boost and then extend that flavor by encapsulations. I don’t see much of that in the cannabis industry. It’s just taking what’s out there from flavor companies that people like and getting them into this market.

Aaron: Awesome. Do you have any particular technologies or work or products from other industries that really interest you?

Glenn: I would say it’s going to be from the pharmaceutical industry. You think about THC and CBD being so hydrophobic. With chocolate, it’s not such a hard thing to get into. If you try to get those kinds of compounds into aqueous solutions though it can be a challenge, the drug industry has been doing it for years! So, to me, delving into some of their patents and some of their ideas, that’s one of the most powerful industries I see where we could utilize their technologies to advance the industry. I expect big pharma to get into this. We can start looking at what they’re doing that we can leverage quickly to get into Coda products.

Lisa: We’re not necessarily a pharmaceutical brand, but we are committed to helping people live and feel better. It really is about how you weave cannabis into everyday life?

Coda’s line of chocolate bars

We have a platform of very indulgent products, which is our chocolates ranging from truffles to bars. We also are building our non-chocolate portfolio to include other ways to enjoy cannabis in their daily life. And then to Glenn’s point, I think there’s ideas and technologies from the pharmaceutical area, there’s also things that have been in the food industry for years that provides sensations and experiences.

I think part of our goal is “how many of the five senses can we touch from people in creating product?” The feel of something in your mouth heating, cooling. Not just the psychoactive aspect of it, but the complete end-to-end experience.

These are all dynamics of us delivering the “live and the feel” piece of it. Then people can either use them from a lifestyle perspective for enjoyment, or a medical perspective. Our job is to provide consumers choices and options that provide those type of experiences.

Glenn: If you have a product that’s supposed to “reduce anxiety” why not start with the slight warming of the mouth? Something that feels calming long before the THC or CBD kicks in? Then have a flavor come up that just feels warm and comfortable. By combining all five senses, you have a product that really does something for your consumer.

Aaron: Thanks for that! What’s your process for creating a new product at Coda?

Lisa: Well, I think everybody talks about brainstorming sessions like innovation is something that just pops up. I think innovation has three legs to it. One is really customer-driven. So, we have to produce products that help our retailers make money, and that deliver really good experiences to consumers that we jointly serve.

The second piece of it is thinking about the discipline of innovation. So, when we make a product, what technologies do we bring to bear, can we scale them, and can we produce them at the right price point and delivery?

Coda Signature Fruit Notes

Then the last piece is the fun piece, trying to listen to what is and isn’t being said in the market to really try to be a solutions company.

We spend a lot of time listening and watching the market to figure out where we can anticipate things. We used to call it “problem detection” at Wrigley.

One project that Glen and I worked on was a mint that was designed really around adult usage in more professional situations. So, meaning the shape of the mint needs to be tucked in your cheeks so you couldn’t see it. And the packaging of it was something you could surreptitiously pop underneath the desk because we were designing it for people to use as really a business tool. You don’t think of mints as a business tool, but they really are, they give you more confidence with breath-freshening and you don’t necessarily want to hold that out with everybody else.

Some problems are about how to make a product more fun with our fruit. I can put pineapple jalapeño in my mouth and have a literal popping experience, which adds to my enjoyment of that experience.

The last piece is not to do too many products. One of the things that I think of in cannabis is that everybody’s still learning. It’s such a wide-open space, in some cases, that you also have to kind of pick what you do well. So, sticking close to our brand and what we stand for is also something that we’re trying to do. We’ve actually pulled in our SKUs recently and are trying to focus on a platform of indulgent experiences and of lifestyle products. We try not to do everything that we see out in the market and focus only on the things that we do well that solve problems for our consumers.

Glenn: From my perspective — I am not a big process person — I think the best way to do it is to say, “okay, we’ve got these products. We could look at technology, we could look at something else, but let’s just go scour what’s out there. And let’s get outside of our industry.” Look outside your own game, and see what you can use.

Discovering how to use these technologies in a gummy or chocolate as opposed to just drugs isn’t rocket science. My biggest avenue is looking outside and finding what you can apply as opposed to trying to reinvent everything.

Aaron: We’ve focused on the front end of innovation. Can you articulate on the back-end how that moves into product development, manufacturing and commercial launch?

Lisa: We have a new product pipeline with a Stage-Gate process where we will have a number of ideas and whittle them down on certain criteria.

Sometimes the ideas start with the technology and not the market. Glenn will find something and say, “Hey, this is going on, should we be thinking about this in cannabis?” It allows our each of our teams to come up with how they can make it work.

Then, as that product passes through the next stage-gate, we’re looking at the actual economics of the product, and how it fits relative to our other products all while we’re getting consumer input.

We get to that point in the process when we start trialing with consumers to help decide. And sometimes you get the best idea in the world, and then it’s not going to work so in some cases so you put it back in the pantry.

I never like to say that we don’t take an idea forward, even products that we may have taken off the market, we say “we freeze products, we don’t cut products!” because our goal is to have options. Our discipline is around a Stage-Gate process tied to our business goals and objectives. It’s also about playing around with concepts and seeing what materializes.

Glenn: There is this whole notion of a process, there’s a Stage-Gate, but before that, it’s a lot of playing around. What Lisa and I’ve recently worked on was making innovation a way of life so that every time you see something, you say something.

“We don’t think of innovation solely as the next flavor that’s going to be on the shelf.”We always gave people permission to play in the web.The reason brainstorming sessions don’t tend to work, is we expect people to become innovative in these next five hours.

So, if you think of innovation as a way of life, then it becomes what you do daily, and you look at things differently. I like to say when you’re driving home, go a different route, because you never know what you’re going to see. When you get out of that habitual mindset, you’ll think about your business differently, almost naturally. Innovation — this way of life — is one of our buzzwords.

Lisa: I think building that innovative culture is a responsibility, but also a challenge for a company like Coda. I mean, we’re not new. We’ve been around five, six years and we have some of the leading chocolate bars out there. We’re known for flavor systems.

Where our goal is to create a culture of innovation, you get these little pockets of creativity and innovation, and then it starts snowballing. You build on it, get people excited about it, and move it forward. That’s how everybody gets involved in innovation.

One of the goals of that pipeline process is to combine inspiration and discipline. But you don’t just want to be innovative in the next flavor. That isn’t doing enough for our consumers. We’ve educated them on the potential flavors could bring. But now we really want to be much more innovative across the board and see what kind of culture of innovation Coda can do.

We’re looking at the packaging, how we interact with retailers, how we use digital messaging to support our retailers and support our products. We don’t think of innovation solely as the next flavor that’s going to be on the shelf.

Aaron: From a supply chain perspective, how do you go about sourcing ingredients?

Lisa: We have some wonderful partners that have been with us at Coda. People that bring us chocolate from other parts of the earth.

We continue to keep building our ecosystem of partners. We look at different flavor houses and different food type researchers to be partners with us to broaden our ecosystem. It’s something that’s very much top of mind, even more so during COVID, because we’re feeling  very fragile about our supply chains.

Glenn: Yeah, I think Lisa, that’s one thing you and I bring, not only to Coda, but I think to the cannabis industry, is the whole CPG discipline of how we look at suppliers and procurement. We need to go out there find some smaller flavor labs with incredibly creative folks.

I think the whole notion of expanding the supplier and vendor base, is pretty unique in this industry and that’s one of the strengths we bring to Coda.

Lisa: Our goal is to really create an ecosystem of different suppliers. I just think that that’s something other industries — you talked about pharmaceuticals earlier — have done. Cannabis is just starting to get there, but that’s where you get exponential opportunities.

We’re really looking at cross-functional and interdisciplinary teams with outside partners. Cannabis is at the stage now where I think it’s looking for more sophisticated technologies and new ways of deploying. We’re also really interested, as Glenn said, in some of the younger, more entrepreneurial firms that want to possibly expand their reach into cannabis as well.

Aaron: Okay, great. So my next question is can you give me an example of a challenge that you run into frequently? And this can be either a cannabis challenge or a business challenge?

Lisa: I think one of the challenges that cannabis faces in general is educating consumers about our market. One of the opportunities we have is to bring people into the market. We’re at the same time developing products for people who are in the cannabis space and are active users and have varying degrees of understanding of how they’re using the category in their daily lives.

We’re also trying to create products and education to invite people into the cannabis market. That’s a different challenge than if you’ve had an Oreo cookie, and people kind of understand cookies. They understand Oreos, and then they understand organic Oreos and all the other permutations of two chocolate cookies with a vanilla thing in between. Our goal is to expand the ability for people to access cannabis in their lives.

That is a very unique business problem. And it does represent a bit of a screen, are you going to do some of your products for more sophisticated users and others for less sophisticated users?  Cannabis has consumers that have been taught essentially to think about milligrams; there’s one of the key components of choice. People will look at the product and flavor, and then they look at the milligrams and the price point.

That’s very unique to what we would find on CPG. You don’t necessarily look at dollars per milligram when you buy a cookie. So, if you’re trying to make a premium product with premium flavors, how do you say, “Well, yeah, there’s dollars per milligram, but this product has all these other technologies to create the warming or whatever.” “Innovation in products and new categories is critical to get the industry beyond common confections.”

So you kind of have a dual issue. You’re trying to get people educated on a new category and how they use it. But the education of the consumer in terms of the potential and the possibilities that they can access is going to be very important.

Aaron: What trends are you following in the industry?

Lisa: Beyond paying close attention to legalization progress across the country and monitoring how states are setting up their regulatory standards, we’re focused on which consumer demographics are incorporating cannabis into their wellness and self-care practices—and how Coda Signature products fit into their daily routines.

Glenn: For edibles, “fast acting” is probably beyond a trend and it will be interesting to see where this nets out. Consumers appear to be balking at the slightly higher price point for fast-acting gummies, but there may be a market for after-dinner dessert items. In other trends, use of minor cannabinoids and terpenes for specific benefits appears to be a solid consumer need, but this is going to require solid science to see if these products truly work. Innovation in products and new categories is critical to get the industry beyond common confections.

Aaron: Okay great! Lastly, what would you like to learn more about?

Lisa: We’re fascinated by the technological advances being made in the cannabis industry, and how those achievements may enrich the consumer experience moving forward. We’re also interested in the growing body of scientific research around how cannabis products can enhance people’s health and wellness.

Glenn: U.S. legalization and the constant changes in regulations require someone to distill the information and do a weekly report on changes.

Aaron: Thank you both! That concludes the interview!

Filed Under: Cannabis News

R&D Tax Credit: A Viable Option to Reduce Tax Burdens?

December 3, 2020 by CBD OIL

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Licensed cannabis companies pay more than their fair share of taxes thanks to the business deduction restrictions placed on them by IRS Tax Code Section 280E. That tax law prevents cannabis producers from taking any deduction or credit unrelated to the cost of goods sold (COGS). With some well-thought-out corporate structure, however, cannabis cultivators can find ways to reduce their overall tax burden.

The Research and Development (R&D) Tax Credit is one such vehicle that potentially is available to cultivators, according to Jonathan Storper and Daren Shaver, attorneys with California-based Hanson Bridgett.

“What the R&D credit is designed to do is reward innovation and problem-solving. And there’s really no industry limitation,” Shaver tells Cannabis Business Times and Hemp Grower. “Any business that is eliminating technical uncertainty in the development of products or experimenting and relying on science to really develop a product [is] a very good candidate for an R&D credit.”

Expenses relating to breeding programs, equipment modification and/or design, and developing novel or innovative consumer products can all be used to apply for an R&D tax credit, the attorneys say, as long as the corporate structure separates the plant-touching business from the R&D business. “The corporate structure is extremely important in this kind of thing,” Storper stresses.

Having multiple corporate entities is not new to the cannabis industry and is highly common in other industries. For example, some cannabis companies have created separate corporate entities under which real estate assets are held. That real estate company, which leases the property to the cultivation operation, can then take deductions (as it is a federally legal business) that would not have been available if the cultivation operation held those assets. Thus, that structure lowers the overall tax burden for the cultivation business.

The same idea applies to the R&D credit, the attorneys say.

“The better approach for somebody who’s looking to take the R&D credit is to achieve as much separation [between companies] as possible,” Shaver says.

Easier Path for Hemp Companies

Hemp cultivation companies have an easier path to applying for and receiving these R&D tax credits since hemp cultivation is legal at the federal level and 280E has not applied since the 2019 tax year.

However, Storper and Shaver both emphasize the importance of excellent bookkeeping to keep track of what qualifies as an R&D expense and what does not. “Recordkeeping becomes very important on something like this. … Bifurcating expenses between good R&D expenses and otherwise is very important,” Shaver says.

For example, if a hemp (or cannabis) company has an employee whose sole job is to oversee and conduct research and analysis, that employee’s salary could be used in applying for an R&D tax credit, Shaver explains. If that employee is a part-time researcher, then the company should keep track of how much of that employee’s time is spent on R&D and only use that portion of the employee’s salary when applying for the credit.

Costs for supplies and equipment also can be eligible as long as the research being done is science-based. “I don’t think throwing some extra fertilizer, for example, would be enough [to qualify for an R&D credit],” Shaver says.

If cannabis and hemp cultivators structure their corporate entities correctly and apply proper due diligence in tracking expenses, the IRS is more likely to grant the credit, especially if the research has benefits outside of the cannabis industry (e.g. a new way to emulsify cannabinoids (hydrophobic compounds) into water would have applications to the entire beverage and supplement industry). With that in mind, they advised companies interested in applying for R&D credits take the time to plan out their efforts early in the tax year. “It’s always better to do early planning than try to look back and ask for forgiveness,” Storper says.

Anyone looking to leverage the R&D tax credit also should consult with their legal and accounting team, they say, to ensure the corporations are properly structured and separated.

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Filed Under: Cannabis News

C21 Announces Significant Expansion to Nevada Cultivation

December 2, 2020 by CBD OIL

For the cannabis industry, Q3 2020 marked somewhat of a return to normalcy. Most multi-state operators (MSOs) saw an increase in both net and gross revenue, while also reigning in costs. And while a Democratic victory in November’s election is bringing some optimism to the field, experts and industry execs agree there is still a long road ahead to market maturity.

Cannabis Business Times and Cannabis Dispensary spoke with leadership at the industry’s largest companies for a snapshot of this quarter’s results and the industry’s position as a whole moving into the final quarter of 2020.

Green Thumb Industries (GTI)

Chicago, Ill.

Q3 Revenue: $157.1 million (131.1% year-over-year increase) 

Net Income: $9.6 million adjusted net income

Highlights:

Green Thumb continued strong business in its home state of Illinois as well as New Jersey, Pennsylvania and Ohio. After a slight decline in Massachusetts and Nevada following the initial COVID-19 outbreak, GTI’s revenues in those states have rebounded. 

For the first time in its history, the MSO that owns 50 retail locations in ten different states also posted a positive net income.

“The third quarter was an excellent quarter for Green Thumb,” said Ben Kovler, CEO of GTI. “We are poised to further benefit from the strong tailwinds driving a robust, multi-billion-dollar marketplace.” Kovler also pointed to the company’s strong position in New Jersey—where voters overwhelmingly approved legalization in the election—as a corporate asset in the coming years. 

“New Jersey is great news for us as we think that legal market has the potential to mirror Illinois—a single state, multi-billion dollar legal cannabis market about to be born,” Kovler said.

Other notable quarterly activities included the expansion of the company’s popular incredibles brand in Illinois, Nevada and Maryland, progress on construction of a new plant in Oglesby, Illinois, and the opening of GTI’s 13th store in Pennsylvania and eighth store in Illinois.

To help advance equity in cannabis, Green Thumb continued to promote and develop its License Education Assistance Program (LEAP) New Business Accelerator, a social equity program designed to improve access to the industry for people in Illinois disproportionately impacted by prohibition.

Acreage Holdings

New York, N.Y.

Q3 Revenue: $31.7 million (42% year-over-year increase)

Net Income: $14.3 million adjusted net loss

Highlights:

Acreage is an MSO concentrated heavily across the Northeast, with retail locations in New York, New Jersey, Rhode Island, Massachusetts and Connecticut. Now that Americans have grown somewhat accustomed to the impact of COVID-19, the company saw rebounding numbers—partner revenue increased 79% year-over-year in Q3, while same-store sales growth for managed entities came in at 22%.

“Operational excellence led to improved financials and a stronger balance sheet,” said Bill Van Faasen, Acreage’s interim CEO. “Our core profitability is in sight in the first half of 2021. Much work remains, but we are absolutely on the right path both short and long-term.”

Acreage also has a strong position in New Jersey—it closed on the purchase of the Compassionate Care Foundation, a major vertically-integrated cannabis company that operates multiple medical cannabis dispensaries in the Garden State and one of the state’s largest grows. 

But arguably the largest event on the horizon for Acreage—an already-agreed-to merger with Canopy Growth to occur as soon as the U.S. federally legalizes cannabis—is still shrouded in an uncertain timeline. President-elect Joe Biden is expected to loosen legal restrictions on cannabis but stop short of full legalization, raising the possibility that the Acreage-Canopy merger may be four more years away, at minimum. 

Additionally, Seeking Alpha reported Acreage’s “lack of scale in any individual state” could be a hindrance to its performance going forward, pointing out that the company had just one or two locations in major markets like Florida, Massachusetts and Illinois. 

Canopy Growth

Smiths Falls, ON

Q3 Revenue (Q2 2021 in Canada): $124 million (CAD, 39% year-over-year increase)

Net Income: $96.6 million net loss

Highlights:

In Q3, Canopy Growth continued its dominance of the Canadian cannabis industry. Its well-publicized 2020 strategic adjustment following some corporate downsizing earlier in the year seems to have paid off—according to internal numbers, the Ontario giant increased its market share in the Canadian recreational market by 200 basis points.

“In Canopy Growth’s second quarter, we saw our renewed strategy come to life as momentum built across key businesses,” said David Klein, CEO of Canopy Growth, in an email. “We established the leadership position in the cannabis-infused beverage segment with over 2 million units shipped since March, grew our market share in the flower category, and opened nine new retail stores in Alberta.”

Canopy’s dominance in the beverages sector is not much of a surprise when you consider its backers. In 2017, beverage conglomerate Constellation Brands purchased a 10% stake in Canopy. Earlier this year, Constellation—which also owns major alcohol brands like Corona, Modelo, and Svedka—upped its equity in Canopy to 38.6%, with the option to increase it to over 55%.

But while Canopy continues to dominate up north, questions about its access to the U.S. cannabis market remain. Though it has a new online store to sell CBD to Americans—including a popular line sponsored by Martha Stewart—Canopy doesn’t have the same iron-clad grip on the market in the states. 

In an effort to further penetrate the U.S. industry, Canopy announced in October that Acreage Holdings would be marketing its THC beverages at recreational shops in Illinois and California. Canopy also owns the sports nutrition brand BioSteel, which recently finalized distribution agreements allowing it to offer electrolyte-filled sports drinks to 100% of the American market by 2021.

Filed Under: Cannabis News

Bill to End Marijuana Prohibition Clears Final Committee Ahead of Floor Consideration

December 2, 2020 by CBD OIL

Editor’s note: This is an updating story.

The United Nations Commission for Narcotic Drugs (CND) voted narrowly Dec. 2 to remove medicinal cannabis from Schedule IV of a 1961 treaty on narcotic drugs.

The CND, an organization based in Vienna with members from 53 different countries, voted on six different cannabis-related recommendations presented by the World Health Organization (WHO). Those recommendations outlined protocol for internationally regulating the medical use of different parts of the plant, including cannabis as a whole, cannabidiol (CBD) and tetrahydrocannabinol (THC). (Kenzi Riboulet-Zemouli, a Barcelona-based independent researcher and cannabis advocate, has a breakdown of what each recommendation would do on his blog.) 

During its meeting Dec. 2, the CND also voted not to approve a recommendation from WHO to schedule medical CBD, leaving it outside of treaty controls. 

However, the vote to classify cannabis remained the main topic of the meeting. The CND voted 27-25 to reclassify both cannabis and cannabis resin for medicinal purposes from Schedule IV to Schedule I, removing them from being regulated like some of the world’s most dangerous drugs, the New York Times reports. (The CND’s scheduling system works in an opposite sequence when compared to the U.S. Controlled Substances Act.)

Experts say this move could not only improve accessibility to medical cannabis across the world, but also affirms international support of scientific evidence on cannabis as a medicine.

“The removal from Schedule IV is … phenomenal news for millions of patients around the world and a historical victory of science over politics,” Riboulet-Zemouli says in a press release.

However, accessibility still depends on individual countries’ laws, as each member of the UN still holds the power to determine its own cannabis regulations.

As Joshua Horn and Jonathan Dolgin of  Fox Rothschild LLP write on Cannabis Business Times, the U.S. has proven to have an influential role in the international drug regulations, and its vote for the reclassification could signify a move toward cannabis decriminalization or all-out legalization.

“If I had to predict, I think the lower hanging fruit in this country to address is further decriminalizing cannabis as opposed to removing it altogether tomorrow from [the Controlled Substances Act],” Horn tells Cannabis Business Times and Hemp Grower.

It’s important to note that the CND was only voting on cannabis and its derivatives that are used for medicinal purposes. Recreational marijuana and CBD added to food, topicals and dietary supplements were not subject to CND’s vote.

 

Filed Under: Cannabis News

“No Evidence” that Adult-Use Marijuana Laws Influence Cannabis Use by Teens

December 2, 2020 by CBD OIL

Editor’s note: This is an updating story.

The United Nations Commission for Narcotic Drugs (CND) voted narrowly Dec. 2 to remove medicinal cannabis from Schedule IV of a 1961 treaty on narcotic drugs.

The CND, an organization based in Vienna with members from 53 different countries, voted on six different cannabis-related recommendations presented by the World Health Organization (WHO). Those recommendations outlined protocol for internationally regulating the medical use of different parts of the plant, including cannabis as a whole, cannabidiol (CBD) and tetrahydrocannabinol (THC). (Kenzi Riboulet-Zemouli, a Barcelona-based independent researcher and cannabis advocate, has a breakdown of what each recommendation would do on his blog.) 

During its meeting Dec. 2, the CND also voted not to approve a recommendation from WHO to schedule medical CBD, leaving it outside of treaty controls. 

However, the vote to classify cannabis remained the main topic of the meeting. The CND voted 27-25 to reclassify both cannabis and cannabis resin for medicinal purposes from Schedule IV to Schedule I, removing them from being regulated like some of the world’s most dangerous drugs, the New York Times reports. (The CND’s scheduling system works in an opposite sequence when compared to the U.S. Controlled Substances Act.)

Experts say this move could not only improve accessibility to medical cannabis across the world, but also affirms international support of scientific evidence on cannabis as a medicine.

“The removal from Schedule IV is … phenomenal news for millions of patients around the world and a historical victory of science over politics,” Riboulet-Zemouli says in a press release.

However, accessibility still depends on individual countries’ laws, as each member of the UN still holds the power to determine its own cannabis regulations.

As Joshua Horn and Jonathan Dolgin of  Fox Rothschild LLP write on Cannabis Business Times, the U.S. has proven to have an influential role in the international drug regulations, and its vote for the reclassification could signify a move toward cannabis decriminalization or all-out legalization.

“If I had to predict, I think the lower hanging fruit in this country to address is further decriminalizing cannabis as opposed to removing it altogether tomorrow from [the Controlled Substances Act],” Horn tells Cannabis Business Times and Hemp Grower.

It’s important to note that the CND was only voting on cannabis and its derivatives that are used for medicinal purposes. Recreational marijuana and CBD added to food, topicals and dietary supplements were not subject to CND’s vote.

 

Filed Under: Cannabis News

UN Votes to Remove Cannabis From List of Most Dangerous Drugs

December 2, 2020 by CBD OIL

For the cannabis industry, Q3 2020 marked somewhat of a return to normalcy. Most multi-state operators (MSOs) saw an increase in both net and gross revenue, while also reigning in costs. And while a Democratic victory in November’s election is bringing some optimism to the field, experts and industry execs agree there is still a long road ahead to market maturity.

Cannabis Business Times and Cannabis Dispensary spoke with leadership at the industry’s largest companies for a snapshot of this quarter’s results and the industry’s position as a whole moving into the final quarter of 2020.

Green Thumb Industries (GTI)

Chicago, Ill.

Q3 Revenue: $157.1 million (131.1% year-over-year increase) 

Net Income: $9.6 million adjusted net income

Highlights:

Green Thumb continued strong business in its home state of Illinois as well as New Jersey, Pennsylvania and Ohio. After a slight decline in Massachusetts and Nevada following the initial COVID-19 outbreak, GTI’s revenues in those states have rebounded. 

For the first time in its history, the MSO that owns 50 retail locations in ten different states also posted a positive net income.

“The third quarter was an excellent quarter for Green Thumb,” said Ben Kovler, CEO of GTI. “We are poised to further benefit from the strong tailwinds driving a robust, multi-billion-dollar marketplace.” Kovler also pointed to the company’s strong position in New Jersey—where voters overwhelmingly approved legalization in the election—as a corporate asset in the coming years. 

“New Jersey is great news for us as we think that legal market has the potential to mirror Illinois—a single state, multi-billion dollar legal cannabis market about to be born,” Kovler said.

Other notable quarterly activities included the expansion of the company’s popular incredibles brand in Illinois, Nevada and Maryland, progress on construction of a new plant in Oglesby, Illinois, and the opening of GTI’s 13th store in Pennsylvania and eighth store in Illinois.

To help advance equity in cannabis, Green Thumb continued to promote and develop its License Education Assistance Program (LEAP) New Business Accelerator, a social equity program designed to improve access to the industry for people in Illinois disproportionately impacted by prohibition.

Acreage Holdings

New York, N.Y.

Q3 Revenue: $31.7 million (42% year-over-year increase)

Net Income: $14.3 million adjusted net loss

Highlights:

Acreage is an MSO concentrated heavily across the Northeast, with retail locations in New York, New Jersey, Rhode Island, Massachusetts and Connecticut. Now that Americans have grown somewhat accustomed to the impact of COVID-19, the company saw rebounding numbers—partner revenue increased 79% year-over-year in Q3, while same-store sales growth for managed entities came in at 22%.

“Operational excellence led to improved financials and a stronger balance sheet,” said Bill Van Faasen, Acreage’s interim CEO. “Our core profitability is in sight in the first half of 2021. Much work remains, but we are absolutely on the right path both short and long-term.”

Acreage also has a strong position in New Jersey—it closed on the purchase of the Compassionate Care Foundation, a major vertically-integrated cannabis company that operates multiple medical cannabis dispensaries in the Garden State and one of the state’s largest grows. 

But arguably the largest event on the horizon for Acreage—an already-agreed-to merger with Canopy Growth to occur as soon as the U.S. federally legalizes cannabis—is still shrouded in an uncertain timeline. President-elect Joe Biden is expected to loosen legal restrictions on cannabis but stop short of full legalization, raising the possibility that the Acreage-Canopy merger may be four more years away, at minimum. 

Additionally, Seeking Alpha reported Acreage’s “lack of scale in any individual state” could be a hindrance to its performance going forward, pointing out that the company had just one or two locations in major markets like Florida, Massachusetts and Illinois. 

Canopy Growth

Smiths Falls, ON

Q3 Revenue (Q2 2021 in Canada): $124 million (CAD, 39% year-over-year increase)

Net Income: $96.6 million net loss

Highlights:

In Q3, Canopy Growth continued its dominance of the Canadian cannabis industry. Its well-publicized 2020 strategic adjustment following some corporate downsizing earlier in the year seems to have paid off—according to internal numbers, the Ontario giant increased its market share in the Canadian recreational market by 200 basis points.

“In Canopy Growth’s second quarter, we saw our renewed strategy come to life as momentum built across key businesses,” said David Klein, CEO of Canopy Growth, in an email. “We established the leadership position in the cannabis-infused beverage segment with over 2 million units shipped since March, grew our market share in the flower category, and opened nine new retail stores in Alberta.”

Canopy’s dominance in the beverages sector is not much of a surprise when you consider its backers. In 2017, beverage conglomerate Constellation Brands purchased a 10% stake in Canopy. Earlier this year, Constellation—which also owns major alcohol brands like Corona, Modelo, and Svedka—upped its equity in Canopy to 38.6%, with the option to increase it to over 55%.

But while Canopy continues to dominate up north, questions about its access to the U.S. cannabis market remain. Though it has a new online store to sell CBD to Americans—including a popular line sponsored by Martha Stewart—Canopy doesn’t have the same iron-clad grip on the market in the states. 

In an effort to further penetrate the U.S. industry, Canopy announced in October that Acreage Holdings would be marketing its THC beverages at recreational shops in Illinois and California. Canopy also owns the sports nutrition brand BioSteel, which recently finalized distribution agreements allowing it to offer electrolyte-filled sports drinks to 100% of the American market by 2021.

Filed Under: Cannabis News

UN Removes Cannabis From Schedule IV

December 2, 2020 by CBD OIL

The United Nations Commission for Narcotic Drugs, based in Vienna, Austria, voted to remove cannabis for medical use from its Schedule IV status, the strictest drug classification where dangerous drugs like heroin are listed.

The vote comes after the World Health Organization  submitted a number of recommendations to the commission regarding cannabis, all of which were rejected except for the Schedule IV removal, according to Kyle Jaeger at Marijuana Moment. The WHO first issued their recommendations to change the status of cannabis last year in 2019.

Dirk Heitepriem, vice president at Canopy Growth, told the New York Times the vote is a huge step forward. “We hope this will empower more countries to create frameworks which allow patients in need to get access to treatment,” says Heitepriem.

The much-delayed vote was close, with 27 in favor and 25 against, and Ukraine abstaining, but support from the United States was pivotal in getting it passed. Still though, the vote is largely symbolic – it doesn’t necessarily clear the way for countries to start legalizing cannabis and governments can still classify cannabis how they see fit.

The vote does, however, provide an important foot-in-the-door moment for cannabis advocates and businesses around the world. The commission’s decision to remove cannabis from Schedule IV means that the UN recognizes cannabis as an effective medicine, opening the door to future progress on the international level and possibly opening research opportunities along the way.

Filed Under: Cannabis News

Jushi Holdings Inc. Acquires Remaining Equity Ownership Interests of Dalitso LLC, the Company’s Virginia-Based Pharmaceutical Processor Permit Holder

December 2, 2020 by CBD OIL

For the cannabis industry, Q3 2020 marked somewhat of a return to normalcy. Most multi-state operators (MSOs) saw an increase in both net and gross revenue, while also reigning in costs. And while a Democratic victory in November’s election is bringing some optimism to the field, experts and industry execs agree there is still a long road ahead to market maturity.

Cannabis Business Times and Cannabis Dispensary spoke with leadership at the industry’s largest companies for a snapshot of this quarter’s results and the industry’s position as a whole moving into the final quarter of 2020.

Green Thumb Industries (GTI)

Chicago, Ill.

Q3 Revenue: $157.1 million (131.1% year-over-year increase) 

Net Income: $9.6 million adjusted net income

Highlights:

Green Thumb continued strong business in its home state of Illinois as well as New Jersey, Pennsylvania and Ohio. After a slight decline in Massachusetts and Nevada following the initial COVID-19 outbreak, GTI’s revenues in those states have rebounded. 

For the first time in its history, the MSO that owns 50 retail locations in ten different states also posted a positive net income.

“The third quarter was an excellent quarter for Green Thumb,” said Ben Kovler, CEO of GTI. “We are poised to further benefit from the strong tailwinds driving a robust, multi-billion-dollar marketplace.” Kovler also pointed to the company’s strong position in New Jersey—where voters overwhelmingly approved legalization in the election—as a corporate asset in the coming years. 

“New Jersey is great news for us as we think that legal market has the potential to mirror Illinois—a single state, multi-billion dollar legal cannabis market about to be born,” Kovler said.

Other notable quarterly activities included the expansion of the company’s popular incredibles brand in Illinois, Nevada and Maryland, progress on construction of a new plant in Oglesby, Illinois, and the opening of GTI’s 13th store in Pennsylvania and eighth store in Illinois.

To help advance equity in cannabis, Green Thumb continued to promote and develop its License Education Assistance Program (LEAP) New Business Accelerator, a social equity program designed to improve access to the industry for people in Illinois disproportionately impacted by prohibition.

Acreage Holdings

New York, N.Y.

Q3 Revenue: $31.7 million (42% year-over-year increase)

Net Income: $14.3 million adjusted net loss

Highlights:

Acreage is an MSO concentrated heavily across the Northeast, with retail locations in New York, New Jersey, Rhode Island, Massachusetts and Connecticut. Now that Americans have grown somewhat accustomed to the impact of COVID-19, the company saw rebounding numbers—partner revenue increased 79% year-over-year in Q3, while same-store sales growth for managed entities came in at 22%.

“Operational excellence led to improved financials and a stronger balance sheet,” said Bill Van Faasen, Acreage’s interim CEO. “Our core profitability is in sight in the first half of 2021. Much work remains, but we are absolutely on the right path both short and long-term.”

Acreage also has a strong position in New Jersey—it closed on the purchase of the Compassionate Care Foundation, a major vertically-integrated cannabis company that operates multiple medical cannabis dispensaries in the Garden State and one of the state’s largest grows. 

But arguably the largest event on the horizon for Acreage—an already-agreed-to merger with Canopy Growth to occur as soon as the U.S. federally legalizes cannabis—is still shrouded in an uncertain timeline. President-elect Joe Biden is expected to loosen legal restrictions on cannabis but stop short of full legalization, raising the possibility that the Acreage-Canopy merger may be four more years away, at minimum. 

Additionally, Seeking Alpha reported Acreage’s “lack of scale in any individual state” could be a hindrance to its performance going forward, pointing out that the company had just one or two locations in major markets like Florida, Massachusetts and Illinois. 

Canopy Growth

Smiths Falls, ON

Q3 Revenue (Q2 2021 in Canada): $124 million (CAD, 39% year-over-year increase)

Net Income: $96.6 million net loss

Highlights:

In Q3, Canopy Growth continued its dominance of the Canadian cannabis industry. Its well-publicized 2020 strategic adjustment following some corporate downsizing earlier in the year seems to have paid off—according to internal numbers, the Ontario giant increased its market share in the Canadian recreational market by 200 basis points.

“In Canopy Growth’s second quarter, we saw our renewed strategy come to life as momentum built across key businesses,” said David Klein, CEO of Canopy Growth, in an email. “We established the leadership position in the cannabis-infused beverage segment with over 2 million units shipped since March, grew our market share in the flower category, and opened nine new retail stores in Alberta.”

Canopy’s dominance in the beverages sector is not much of a surprise when you consider its backers. In 2017, beverage conglomerate Constellation Brands purchased a 10% stake in Canopy. Earlier this year, Constellation—which also owns major alcohol brands like Corona, Modelo, and Svedka—upped its equity in Canopy to 38.6%, with the option to increase it to over 55%.

But while Canopy continues to dominate up north, questions about its access to the U.S. cannabis market remain. Though it has a new online store to sell CBD to Americans—including a popular line sponsored by Martha Stewart—Canopy doesn’t have the same iron-clad grip on the market in the states. 

In an effort to further penetrate the U.S. industry, Canopy announced in October that Acreage Holdings would be marketing its THC beverages at recreational shops in Illinois and California. Canopy also owns the sports nutrition brand BioSteel, which recently finalized distribution agreements allowing it to offer electrolyte-filled sports drinks to 100% of the American market by 2021.

Filed Under: Cannabis News

Analysis of 2020 Ballot Measures

December 2, 2020 by CBD OIL

November 3 was a historic night for legalization across the country. Only a decade ago, cannabis was illegal for nonmedical use in all 50 states. Now, the tide has turned, and every presented cannabis-related initiative has passed, pushing the U.S. adult use cannabis market to 15 states with a population of over 110 million. If nothing else, this year’s election results provided clarity that American voters have become more open to the benefits of cannabis.

Here’s a list of states that passed cannabis-related measures in the 2020 election, along with an analysis of each initiative and what it means for the future: 

New Jersey: Public Question 1

New Jersey’s ballot proposed and ultimately passed the measure Public Question 1, making it the first Mid-Atlantic state to legalize adult use cannabis.

Expected to take effect January 2021, this measure legalizes the adult use of cannabis for anyone over the age of 21 along with cultivation, processing, and retail sales. The Cannabis Regulatory Commission oversees the state’s medical cannabis industry and will now be responsible for the new adult use cannabis market. However, since the ballot measure didn’t outline many details, it has left a lot of discretion up to the state’s legislature, leaving residents awaiting specifics about home-grow rules, possession limits, and other retail regulations.

Public Question 1 will apply the state sales tax of 6.625 percent. However, under this measure, the local jurisdictions are permitted to implement an additional 2 percent, so the final tax rates remain undecided. With New Jersey’s nearly 8.9 million residents, it’s projected to have adult use sales of around $375 million in just the first year and estimated to reach up to $900 million by 2024.

Mississippi: Initiative 65 & Alternative 65A

Mississippi had two competing measures on the ballot to legalize cannabis for medical purposes: Initiative 65 and Alternative 65A. Initiative 65 prevailed with 74 percent of the vote.

Between 2018 and 2019, over 228,000 Mississippi residents signed a petition that led to Initiative 65 appearing on the ballot. And by mid-2021, the legalization of medical cannabis is expected to take place. This initiative is designed to allow medical cannabis treatment for people with at least one of 22 specified qualifying conditions, including ALS, post-traumatic stress disorder (PTSD), epilepsy and Parkinson’s disease. The passage of the initiative allows those patients to possess up to 2.5 ounces of cannabis at one time with a cannabis sales tax set at the state’s regular sales rate of 7 percent.

The Mississippi Legislature proposed the competing ballot item, Alternative 65A, in what supporters of Initiative 65 believed was an effort to confuse voters. This measure restricted the use of cannabis to only terminally ill patients but did not specify qualifying conditions, possession limits or a tax rate leaving the results somewhat ambiguous with many details to be set by Mississippi Legislature. Initiative 65 easily won over the alternative with nearly 74 percent of voters approving versus just over 26 percent for Alternative 65A.

Montana: I-190 & CI-118

Montana became the 14th state to legalize adult use, passing both cannabis-related initiatives on the ballot: Initiative 190 (I-190), which creates a legal adult use cannabis market, and Constitutional Initiative 118 (CI-118), which supplements I-190, allowing the state to establish the legal purchasing, consumption or possession age of 21.

These ballot issues will go into effect beginning January 2021. Initiative I-190 legalizes the adult use and possession of up to one ounce of cannabis or 8 grams of concentrate. It also allows individuals to cultivate up to four cannabis plants and four seedlings in their residence.

Depending on the circumstances, anyone serving cannabis-related sentences for reasons no longer considered crimes under I-190 may request to be resentenced or have their conviction expunged.

Cannabis and infused product retail sales will be taxed at 20 percent. Following the Montana Department of Revenue’s deduction of administrative costs to enforce the measure, remaining tax revenue is set to be allocated to the state’s general fund, veterans programs, conservation programs, drug addiction treatment programs, and local law enforcement and healthcare workers.

South Dakota: IM-26 & CA-A

South Dakota made history as the first state to legalize both medical and adult use in the same election, moving from total prohibition to legalization in just one night. First came Initiated Measure 26 (“IM-26”), South Dakota’s medical cannabis ballot item, passing with nearly 70 percent of the vote. Then came the adult use initiative, Constitutional Amendment A (CA-A), narrowly passing with almost 54 percent of votes.

Both ballot issues are set to go into effect on July 1, 2021. IM-26 establishes a medical program for individuals with a physician-certified debilitating medical condition. Patients can possess a maximum of three ounces of cannabis and, for patients registered to cultivate at home, they will be permitted to grow up to three plants at minimum unless otherwise prescribed by their physician. However, under this measure, the Department of Health can limit the number of cannabis products each person may possess and make amendments to the conditions qualified as debilitating.

CA-A legalizes the adult use of cannabis for adults age 21 and older, allowing possession or distribution up to one ounce, and for those living in a jurisdiction with no licensed retail stores, permitting the growth of up to six cannabis plants in a private residence. This measure also requires the state to adopt hemp laws.

Marijuana sales will be taxed at 15 percent under Amendment A, estimating revenue of $29.3 million by 2025. After any revenue is used for costs associated with implementing this measure, remaining revenue will be divided between public schools and the state’s general fund. 

Arizona: Prop 207

On November 3, voter initiative Proposition 207 passed with 60 percent of the vote, and Arizona became the 13th state to legalize adult use cannabis – a movement that’s expected to make a great addition to the state’s already thriving medical cannabis program.

Also known as the Smart and Safe Act, this initiative legalizes the possession and use of cannabis for residents age 21 and older. It requires the Department of Health and Human Services to develop the rules regulating businesses in areas like licensing of retail stores, and production and cultivation facilities. Individuals will now be allowed to grow up to six plants in their private residences, with no more than 12 plants per household.

Prop 207 placed a 16 percent excise tax on cannabis sales in addition to the state’s 5.6 percent, totaling a 21.6 percent tax. It is estimated that legal cannabis will generate $300 million in revenue, which will be divided between community college districts, municipal police, sheriff and fire departments, fire districts, highway funds and a new Justice Reinvestment Fund. This initiative also allows anyone convicted of certain cannabis-related crimes like possession, consumption, cultivation or transportation to petition for the expungement of their record beginning July 2021.

Each of the initiatives above is expected to provide a wealth of job opportunities and economic growth for their state. This transition also allows those in the cannabis law and regulation industry the chance to develop and implement meaningful and accessible social equity licensing programs. In addition to day-to-day business needs, our firm will be working closely with clients as they transition from strictly medical cannabis licenses to dual licensing. We will also help new licensees build out and develop their adult-use licenses with long-term success in mind.

Cannabis has quickly become a mainstream health and wellness solution for people all across the globe. With the estimated annual national market for cannabis being $50-$60 billion, it’s believed to be a real solution to many local economic shortfalls caused by COVID-19, opening up the country and cannabis industry to a whole new world of opportunity.

Filed Under: Cannabis News

Detroit Will Allow Adult-Use Cannabis Sales in 2021

December 2, 2020 by CBD OIL

Virginia Gov. Ralph Northam has unveiled plans to introduce an adult-use cannabis legalization bill when the General Assembly reconvenes in January, following the release of a study on the potential impacts of legalization in the state, and the Virginia Medical Cannabis Coalition (VMCC) hopes that the state builds on its existing medical program when planning the launch of an adult-use market.

VMCC is a coalition of vertically integrated cannabis operators that had won conditional approval from the Virginia Board of Pharmacy with the goal of advancing the medical market through patient education and connecting the state’s industry stakeholders with legislators, according to Jack Page, VMCC member and the founder and CEO of medical cannabis operator Dharma Pharmaceuticals.

Dharma opened for business Oct. 17, marking the first day of medical cannabis sales in Virginia. From his experience in the medical market, Page says the state has a lot to consider when it comes to legalizing and regulating adult-use cannabis, as well as fine-tuning the medical program.

Photos courtesy of Dharma Pharmaceuticals

Dharma currently operates one location that houses its cultivation, processing and retail operations.

Virginia law requires medical cannabis operators to be vertically integrated, and Dharma currently operates one location that houses its cultivation, processing and retail operations. Page says patient response has been positive in the month or so since the market launched, and in January, Dharma will be able to open up to five additional retail locations within its health service area.

Page and the VMCC support adult-use legalization, but want to ensure that the medical program remains part of the overall cannabis industry in Virginia, and that changes are made to the medical program to make it more accessible to patients.

For example, although Dharma can deliver to its patients, the current medical regulations mandate that a patient’s first visit to the dispensary be on-site.

“We’ve been contacted by numerous hospice organizations and nursing homes across the state that have patients that could benefit from the medicine but are not physically able to travel,” Page says. “So, that’s one of the things that we need to look at fixing in the medical program.”

Another change the VMCC has been lobbying for is access to flower in Virginia’s medical market. Right now, it is an extract-only market, which increases costs for both patients and operators.

“That is a dose form that a lot of patients are asking for, and there are certain conditions that botanicals just treat better and the cost is lower to patients because there’s not all the processing with the expensive lab equipment that we have in the back to extract the oil, refine the oil and make the product,” Page says. “Right now, we’re vertically integrated, and that’s a barrier of entry to most people because the cost associated with a vertical organization is pretty high. We’d like to see some way for small business to be included in the adult-use market, as well.”

Virginia has an extract-only medical cannabis market, but Page says allowing patients to access flower would decrease costs for both operators and patients.

Although the medical program still has its pain points, Page would like the opportunity for Virginia’s medical cannabis operators to roll out the adult-use program to ensure a speedy market launch.

“Allowing the medical producers to jumpstart the adult-use market, you’re providing tax revenue pretty much immediately for the commonwealth, and that can pay for some social equity programs and pay for the infrastructure that will be required, and of course provide those jobs faster if we’re able to join the market as early as possible,” he says.

However, Page is still keeping his main focus on the state’s patient base.

“We definitely want to make sure that we also continue to serve our medical patients first and foremost,” Page says. “We want to make sure, too, that any kind of adult-use market has the same testing requirements so that we ensure that the product that’s being delivered is safe for Virginians to use.”

Virginia’s medical cannabis operators are required to submit their products for third-party testing for pesticides, heavy metals and mycotoxins.

“The thing, too, is with the medical cannabis market, there are more specialized dose forms that are used to treat specialized conditions, so that’s why it’s important to keep the medical market also viable in Virginia,” Page says. “For example, Dharma is producing a nasal spray and a suppository. You’re not probably going to find those kinds of products in an adult-use market, but we are seeing there’s a high demand for those products in the medical market.”

VMCC is advocating for one regulator that would oversee the medical and adult-use cannabis programs in Virginia, he adds, as well as the ability for medical operators to co-locate adult-use dispensaries with their medical storefronts.

“I just think in the discussions of bringing adult-use to Virginia, we need to realize that the medical program and the adult-use program are both necessary to serve patients across the commonwealth,” Page says. “We have to carefully think about how the adult-use market needs to be rolled out so that we don’t make all of the time and effort that’s been put into establishing the medical program be wasted.”

Filed Under: Cannabis News

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