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How the marijuana industry can shift its focus away from THC potency

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Marijuana customers around the world by and large shop based on one number: THC percentage.

Marijuana flower that doesn’t test above 20% THC often doesn’t make it on the shelf, and shoppers many times will pay a premium for flower that tests above 25% THC.

Despite the industry claiming it is educating consumers and budtenders alike on the myriad benefits of terpenes and minor cannabinoids, the majority of marijuana customers see potency as the No. 1 indicator of quality and value.

But strictly relying on THC or CBD percentages ignores many other factors that can affect a consumers’ experience, industry insiders say.

“The legal cannabis system is driving that high THC percentage and completely ignoring everything else,” said Kim Stuck, founder of cannabis consultancy Allay Consulting, which has an office in Portland, Oregon.

According to June data from Canadian cannabis retail data tracker Hifyre, “THC potency is still a top purchase consideration” in Canada, wrote Tamy Chen, an analyst with the Bank of Montreal.

This also appears to be true across the pond.

“Currently in Europe, potency is synonymous with quality,” said Nick Pateras, managing director of Materia, which has a cannabis production facility in Malta and a medical marijuana distribution license in Germany.

“There is a direct correlation between the THC percentage of a product and its sales performance.”

To solve this problem, Pateras said marijuana companies need to do a better job of explaining how quality goes beyond just THC and why other factors are important in purchasing decisions.

Talking terpenes

When Stuck walks into a marijuana retailer and asks for flower that’s, for example, 15%-20% THC, high in the terpene limonene and low in the terpene pinene, the budtender often doesn’t know what to say.

“They straight up are shocked by that,” she said.

“Most of the time, they don’t even know what terpenes are in the flower. They’ll go, ‘It’s up to 30% THC, and that’s really bomb.’

“That’s not what I’m asking for.”

She likes to roll a joint and sit on her patio for an hour and enjoy the entire experience.

She doesn’t like to do that with flower that’s 30% THC. It’s too strong.

Consumers are typically given three choices of flower when they first speak with a budtender: sativa, indica or hybrid.

Stuck said that oversimplification is lazy marketing and doesn’t do enough to communicate what’s in the plant.

“The only thing a consumer knows is it has the highest THC, that must be the best,” she added. “Many people are still stuck in that world of the stronger the better.”

But people who are new to cannabis or don’t have much of a THC tolerance are unlikely to have a good experience if they consume too much highly potent cannabis.

“The consumer isn’t educated on any of this,” she added. “Even if they are, they walk into dispensaries and get these budtenders that don’t know what they’re doing. That’s an issue.”

Budtenders, like many retail employees, are often difficult to retain, and turnover is common in the industry.

A recent report from Seattle-based Headset, a cannabis industry data and analytics company found, that “in both the US and Canada, 55% of budtenders who worked at any point over the previous 12 months had departed by the end of that time period.”

So putting too much emphasis on them as the first line of education is a problem, Stuck said.

“We’re almost relying on our budtenders like we would a pharmacist,” she added.

It’s not just that the budtenders often aren’t educated, Stuck said.

A lot of state regulations don’t require testing for minor cannabinoids and terpenes, she noted, so the information is not available. Regulators are more concerned with health and safety.

Consumer-driven market

Part of the issue: Cannabis business are reacting to what their customers want.

That’s according to Kyle Sherman, CEO of Denver-based Flowhub, a cannabis software company serving marijuana retailers.

“The industry reacts to consumer demand,” Sherman said. “Up until recently, consumers assumed that higher THC percentages meant they would get a more full experience out of the product.”

Tracking consumer purchasing data shows that higher potency products are more attractive to consumers, so growers try to produce more of that.

“It’s a self-fulfilling prophecy,” Sherman said.

In reality, what leads to a good experience is much more sophisticated than just high potency, he added.

As a consumer himself, Sherman said he prefers smoking flower with a relatively lower THC potency and a higher terpene profile.

“You get a really rich, comfortable, non-paranoid high,” he said. “That’s amazing.”

Sherman was recently visiting retail clients in Portland, Oregon, and said some offer very clear labeling with terpene percentages along with data on THC and CBD potency.

“So you can look at that and say, ‘I want the 4% terps with 17% THC and 2% CBD,’” he said. “That’s going to be an interesting high.”

Sherman said his clients in Colorado don’t offer much more than the strain name and THC percentage.

“I think what’s happened in this particular market in Oregon is that you just have more discerning buyers that actually care about flower,” he added.

The edibles perspective

At infused cannabis product maker Cheeba Chews, Chief Marketing Officer Eric Leslie said the Denver-based company is trying to diversify its products to use the entourage effect – in other words, the experience generated by different cannabinoids working in concert with other cannabinoids and terpenes.

“THC potency is not the solution,” he said. “It’s not the only thing to look for based off of what experience you’re expecting.

“You should really be looking at the combination of terpenes, flavonoids and cannabinoids.”

Leslie said his company’s goal is to help consumers recognize how these different components affect them.

“So they no longer have to look for, ‘What’s the highest-potency THC?’” he added. “They’re looking for more complexity from their flower and their extracts as well.”

To increase the entourage effect, Cheeba Chews adds cannabinoids such as CBN or CBG to formulations beyond just using THC distillate. The company also uses full-spectrum oil in some of its products.

“Having a better understanding of what the cannabinoid does for you – and conditioning consumers to look for those versus just potency – helps retrain expectations of what they’re going to get from the flower, the oil or the edible,” he said.

Leslie has seen a shift in what consumers want as their tastes become more sophisticated and mature. To cater to that, some products that are made with live rosin include a full terpene profile on the label.

“So you understand the flavor and effects from that edible specifically and how you can closely connect that to what the terpene profile is,” he added.

“We’re trying to help that process by introducing it into our packaging and the way we display our products. So it becomes more normalized for the consumers.”

Source: https://mjbizdaily.com/how-cannabis-industry-can-shift-its-focus-away-from-thc-potency/

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New Mexico cannabis operator fined, loses license for alleged BioTrack fraud

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New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.

The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.

Golden Roots operates the The Cannabis Revolution Dispensary.

The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.

The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.

Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.

After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.

In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.

The company requested a hearing, which the regulator scheduled for Sept. 1.

At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.

Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.

Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.

The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:

Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.

Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/

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Marijuana companies suing US attorney general in federal prohibition challenge

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Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.

According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”

Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.

The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”

The companies want the case to go before the U.S. Supreme Court.

They hired prominent law firm Boies Schiller Flexner to represent them.

The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.

Similar challenges to the federal Controlled Substances Act (CSA) have failed.

One such challenge led to a landmark Supreme Court decision in 2005.

In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.

In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.

Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.

“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.

“Moreover, the facts on which those precedents are based are no longer true.”

Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”

While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.

“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”

Source: https://mjbizdaily.com/marijuana-companies-suing-us-attorney-general-to-overturn-federal-prohibition/

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Alabama to make another attempt Dec. 1 to award medical cannabis licenses

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Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.

The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).

Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.

Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.

That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.

Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.

Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.

A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.

Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/

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