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Opinion: Using science to create a winning marijuana industry

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Markus Roggen, president and chief scientific officer at Vancouver, British Columbia-based Delic Labs, will be speaking at MJBizCon’s Science Symposium on Nov. 15. His session is titled “R&D as a Business Tool: Maximizing Revenue by Focusing on the Scientific Method.”

There is great excitement within the marijuana industry about President Joe Biden pardoning thousands of people convicted on federal marijuana possession charges.

Even the Canadian stock market got excited about it, although share prices later retreated.

Which makes little sense, but it’s a nice break from the constant news of bankruptcies among Canadian cannabis companies.

Wherever I look, there is doom and gloom.

Large mainstream publications have even covered the cannabis industry woes across North America. This bombardment of bad news is in oversupply, like cannabis itself.

Naturally, the industry is raising the alarm, and the cause is easily found.

The laws legalizing cannabis across the continent were half-baked, contradictory and the government was too greedy with taxation.

That means it’s not our fault, right?

Not exactly. I learned a valuable lesson playing sports as a kid. Most of the time, it is your fault.

It is important not only to identify constraints but also think of ways that we can overcome them.

Here are five areas where the cannabis industry can improve:

1. This is not a legal version of the illegal market.

Cannabis professionals love to complain about long wait times for licensing, restrictive business rules and even overly picky inspectors.

But a legal cannabis market is very different from the illicit drug trade this industry is set up to replace.

For one, it does not have the crime or danger as say that of a Mexican drug cartel.

A legal market opens opportunities for new processes and products that require time, collaboration and investments.

2. Take a global view of specific problems, including taxation and testing.

It seems like complaint No. 1 by every cannabis business executive is high taxes.

Especially in the United States, where paying taxes is difficult and unfair, thanks to Section 280E of the federal tax code.

But taxes are just another cost.

An additional cost that many ignore is the price of production. We don’t have much power to influence the former, but the latter is squarely within our control.

One option is to cut wages or staff, which is a favored business tool. But there are better ways.

In our work, we have observed that every cannabis producer has inefficiencies.

Bad production methods waste hundreds of thousands of dollars every month.

One example might be running extraction equipment at 50% capacity.

The next most frequent complaint is the burden of compliance testing.

Yes, testing can be costly, but it also saves. And if we want to save, we should be testing more, not less.

Failed batches are also a cost of testing, and they are the main driver of overall testing costs.

By doing more quality-control testing before the cannabis product reaches compliance testing, failures will be caught early, and waste reduced. Better testing protocols would also help.

For example, we developed a pooled testing protocol for heavy-metal analysis, which could cut testing costs by more than 50%.

A byproduct of all the compliance testing is that cannabis effectively is an organically grown produce, while every year people die from contaminated lettuce.

Cannabis is safer than salad: That is a slogan we can proudly proclaim but have yet to use.

More testing is one thing, more tests are another.

By expanding the types of tests offered, cannabis products can be marketed in new ways.

We already know that THC is not the end all for product quality.

Terpenes are already getting more appreciation among consumers, and testing allows us to print terpene content on labels.

3. Don’t ask if you could, but if you should.

I see it as misguided to focus on the next/new/revolutionary thing in cannabis marketing, without doing the existing high-volume products right.

There are some outrageous products on the market that make you wonder “what were they thinking?”

CBD mascara and CBD pillows might sound ridiculous, but products with delta 8-THC have real potential to be dangerous.

Those products solve the problems of producers – namely what to do with all the CBD oversupply and tanked commodity prices.

They ignore the needs of the customer.

Economic theory teaches us that successful products solve a problem. So, which problems do consumers have?

Or, at least, which products are they actually buying and would benefit from improvement?

Sales of pre-rolls total $1.2 billion with a year-over-year growth rate of 39%. And infused pre-rolls, which make up 19% of all pre-rolls sold, have been gaining steadily.

The customer clearly wants more pre-rolls, and the industry has responded by offering them along with infused versions.

We should focus our efforts there and develop even better pre-roll products.

4. Ask an expert. It will pay off.

The cannabis industry is home to a range of professionals and characters.

A simplified timeline of people I’ve met at conferences is that in the mid-2010s there were a lot of legacy growers and civil rights activists.

Then, slowly, the legacy growers either turned to licensed production or retreated from the conferences.

Frontiersmen with a taste for exploration and the gold rush moved in.

These were closely followed by men in suits – lawyers and real estate professionals.

By 2020, the archetypical cannabis executive is a white male with a finance or law degree.

If these people and qualifications are the right fit for the industry, why is it doing so poorly right now?

It’s time to turn to a new crop of experts.

We need scientists and engineers to update production, processes and products to fit the 21st century market.

5. Pick the right story and stick with it.

Cannabis is praised as cure-all for illnesses and economic problems.

And the proposed benefits are as numerous and confusing as the stories companies are pitching.

Companies often position themselves as pharmaceutical companies, citing potential medical benefits of cannabis.

They are not pharmaceutical firms, not even close.

Even more perplexing is the fact that some of these same companies also sell recreational products.

This is as contradictory as Walgreens selling cigarettes.

How can we expect to develop informed and loyal customers, if cannabis companies, and even the industry as a whole, are jumping from one strategy to the next, constantly changing their values?

I see great danger in constantly pointing at the proposed health benefits of cannabis while pushing recreational products.

Here’s a tale of caution that I found in an academic paper:

“In the 15th century, when (it’s) use (…) by the indigenous populations in the New World was first observed by Columbus and the plant was brought to Europe, (…) this new one was used to treat a wide range of conditions. Indeed, (it) acquired a reputation as a panacea, to the extent of being called the ‘holy herb’ and ‘God’s remedy’.”

The title of this paper: “Medicinal uses of tobacco in history.”

The cannabis industry has great potential but currently falls short.

Instead of complaining, we should self-reflect and improve.

In short, stop complaining and start evolving.

Source: https://mjbizdaily.com/opinion-using-science-to-create-a-winning-cannabis-industry/

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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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