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Maine Will Finally Launch Adult-Use Cannabis Sales This Fall

Written by Johnny Green on . Posted in Business.

Maine was one of four states to legalize cannabis for adult-use in 2016 along with California, Nevada, and Massachusetts. However, unlike the other 3 legal U.S. states from the class of 2016, Maine has yet to launch legal adult-use cannabis sales.

Michigan and Illinois legalized adult-use cannabis after Maine, and yet both states have already launched legal adult-use cannabis sales. The delays in launching sales have cost the State of Maine a significant sum in lost cannabis tax and industry fee revenues. It has also prevented countless jobs from being created.

Fortunately for cannabis consumers in Maine, there appears to finally be a launch date for adult-use sales. Below is a press release about it via Maine’s Office of Marijuana Policy from late last week:

Today, the Office of Marijuana Policy, a part of the Maine Department of Administrative and Financial Services, unveiled plans for the issuance of Maine’s first active licenses for adult use marijuana establishments. The Office intends to issue the first active licenses to recreational cannabis businesses on Tuesday, September 8, 2020. Retail sales of adult use marijuana to consumers 21 years of age or older will be permitted starting on Friday, October 9, 2020.

The issuance of active licenses will continue the Office of Marijuana Policy’s structured rollout of Maine’s nascent adult use industry, which had been indefinitely postponed in April in response to the COVID-19 pandemic.

“The public’s health and safety are at the forefront of every decision we make at the Office of Marijuana Policy,” said OMP Director Erik Gundersen. “While we were poised to launch this new industry earlier this year, we were unwilling to sacrifice the high standards we have set for this program by launching during an emerging public health pandemic and in the absence of a testing facility. With the support of the public health community, municipalities across the state, and the industry we regulate, we have used the last few months to ensure this new industry is introduced to Maine consumers in a manner that is as responsible as possible.”

Active licensure is the culmination of a three-step application process which also includes conditional licensure and local authorization, respectively. An active license is required for adult use establishments to come into possession, process and sell adult use marijuana, including initiating plant transfers from Maine’s existing medical marijuana program.

It is expected adult use licensees will utilize the time between active licensure and Maine’s retail sales launch date to harvest and process marijuana, ensure those products satisfy the mandatory testing requirements, and move product through the supply chain to stock retail store shelves. Additionally, businesses which will conduct retail sales will prepare to implement and support social distancing and other public health guidance at a time when public interest may attract a significant consumer presence to their retail locations.

“Today’s announcement is a major milestone in honoring the will of Maine voters and a significant step toward launching a new industry in the state,” added Gundersen. “Many of the business owners we have spoken with during the application process are ready and eager to commence operations.”

The application process required by the adult use law requires state regulators to review application materials for form and substance, with an eye toward details such as ensuring that all applicants have completed their required state and federal criminal history record checks; that the establishment’s operation, facility, and security plans satisfy the requirements of both the Marijuana Legalization Act and the adult use program rule; and that the designated host municipality has provided the applicant with authorization to conduct business in their community.

OMP expects to issue licenses in each of the four categories of adult use establishments: cultivation, products manufacturing, retail sale, and testing. Information on the specific number of licenses issued and the identities of active licensees will be made available on Tuesday, September 8, 2020.

The Mills Administration created OMP within DAFS in February 2019. The Office is responsible for the oversight of all aspects of legalized marijuana, including Maine’s existing Medical Use of Marijuana Program.

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Most Americans In Legal States Express “Positive Perceptions” Of The Cannabis Marketplace Per Study

Written by Johnny Green on . Posted in Business.

Below is a press release that we received from our friends at NORML:

Adults residing in states where retail marijuana sales are legally regulated tend to hold a positive impression of the marketplace, according to data published in the journal Addictive Behaviors.

Commenting on the study’s findings, NORML’s Deputy Director Paul Armentano said: “This data once again affirms that most voters do not experience ‘buyer’s remorse’ following marijuana legalization. In the minds of most Americans, these laws are operating as voters intended and in a manner that is consistent with their expectations.”

Investigators affiliated with the University of Waterloo, School of Public Health in Canada surveyed 5,530 respondents residing in Alaska, California, Colorado, Nevada, Oregon, and Washington.

Authors reported: “The current findings suggest generally positive perceptions of the legal cannabis market. Most respondents, including frequent cannabis consumers, perceived legal cannabis to be of equal or greater quality and convenience, and as safer to buy and use than cannabis from illegal sources.”

NORML’s Armentano further acknowledges that no state that has legalized the use of cannabis for either medical or adult-use purposes has ever repealed their law.

Although some respondents in the study expressed concerns that legally sold cannabis products tend to be more expensive than those available in the illicit market, most also acknowledged that prices typically fall over time as the market matures. Overall, respondents were likely to think most favorably about the marketplaces in the jurisdictions where cannabis had been legal the longest.

The findings are consistent with prior studies finding that most Americans believe that the enactment of marijuana legalization policies has been successful.

An abstract of the study, “Consumer perceptions of ‘legal’ and ‘illegal’ cannabis in US states with legal cannabis sales,” appears online here.

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NORML advocates for changes in public policy so that the responsible possession and use of marijuana by adults is no longer subject to criminal penalties. NORML further advocates for a regulated commercial cannabis market so that activities involving the for-profit production and retail sale of cannabis and cannabis products are safe, transparent, consumer-friendly, and are subject to state and/or local licensure. Finally, NORML advocates for additional changes in legal and regulatory policies so that those who use marijuana responsibly are no longer face either social stigma or workplace discrimination, and so that those with past criminal records for marijuana-related violations have the opportunity to have their records automatically expunged.

Find out more at norml.org and read our factsheets on the most common misconceptions and myths regarding reform efforts around the country at norml.org/marijuana/fact-sheets

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Tilray Recalling Cannabis Extract From German Market

Written by Marguerite Arnold on . Posted in Business.

According to DAZ online, a German-language, pharmacy-oriented publication, Tilray has had to recall its cannabis extract in the German market because the THC in its products is lower than stated on the packaging.

There is no danger to patients, but the effect of the medication may be reduced.

Pharmacists must destroy the extract they have received if it is on-premises.

According to the company in a statement released via the German Pharmacists’ Medicines Commission (AMK), the initial batch of Tilray THC 10 CBD 10  tested within parameters of a release date. However, a continuous stability test revealed that the THC content was subsequently lower.

There is no danger to humans, however, a different than stated effect could occur when using the affected products.

The Impact On The German Market

This is now the second recall in the German market in the last year. Aurora cannabis also ran into trouble last fall.

At at time when German flower and other products made from the same are finally about to enter the market here, this is an embarrassing flub, but also a reminder that the industry is increasingly regulated across Europe and being fitted into existing pharmaceutical infrastructure and standards.

The industry has come a long way, however, it is clear there is room to grow.

In the meantime, Tilray is left without a strategical import product in the market, and a negative mark in the country’s main pharmaceutical trade zine.

The Good News? Whole Plant Cannabis Extracts Have Arrived

Beyond this temporary setback for perhaps the strongest company in a position to begin competing against dronabinol in its presence in the market (if not yet price), there has been a clear ramp-up in the entire German cannabis market conversation.

With only three firms growing the plant in Germany, it is inevitable that at least a part of this crop, certainly in the future, will be processed into extracts for the medical market.

In the meantime, the most widely available medical grade “cannabinoid extract” with THC in it, is dronabinol, produced both by a German and Israeli company. Both companies are likely to see an uptick in sales as a result of the Tilray fail, not just because of price but sheer availability.

However, it is also clear that this is only a temporary setback for the company as well as the entire medical extract discussion auf Deutschland.

The International Cannabis Business Conference will return to Europe in the spring of 2021. Stay tuned for more news from Europe by following our blog!

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Illinois Adult-Use Cannabis Sales Set A Record In July

Written by Johnny Green on . Posted in Business.

The State of Illinois is one of the most populated states in the U.S. and is also home to a regulated adult-use cannabis industry. Illinois’ adult-use industry is one of the most regulated and limited models in the country.

With that being said, the model is still popular enough with consumers to generate sizable tax revenue. In fact, the month of July saw Illinois break a record for tax revenue, as outlined in a recent Chicago Tribune article:

Illinois marijuana shops sold almost $61 million in recreational weed in July, beating the previous record set in June by $13.4 million.

In all, dispensaries have sold about $300.1 million in recreational marijuana since sales started in Illinois Jan. 1.

Much like Washington State, Illinois does not permit adult-use cultivation, however, cultivating up to 5 plants for personal use is only punishable by a $200 fine, compared to cultivation still being a felony in Washington State.

Many lawmakers expressed concern regarding home cultivation when cannabis policies were being crafted which is presumably why it was left out of the model.

However, with personal cultivation not carrying a large penalty, and adult-use sales continuing to spike, it makes sense to remove the penalty for personal cultivation, as it will likely not have a significant impact on tax revenues.

Illinois’ legalization model is not perfect, however, it is better than prohibition and clearly the public policy change is benefiting the state. Hopefully, it builds momentum for other states, and for other nations, to get on the right side of history.

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Ontario Regulators End Cannabis Delivery And Curbside Pickup Services

Written by Johnny Green on . Posted in Business.

The ongoing pandemic has altered the way that most, if not all of us, live. All over the planet, people are adapting to the changes that local and national governments have put in place, and are continuing to adapt as those changes evolve (sometimes on a weekly basis).

COVID has also affected the way that entire industries operate, including the cannabis industry. From cultivation operations to distribution operations to retail outlets, cannabis regulators and entrepreneurs have jumped through many hoops to help maintain public safety.

In Ontario, regulators put in place temporary rules that allowed cannabis delivery and curbside pickup services for dispensaries. Unfortunately, it appears that those services will no longer be permitted:

Cannabis delivery and curbside pickup services are great options for customers and patients, and there’s no logical reason to prohibit those services even when a pandemic is not going on.

Safety concerns regarding COVID still exist, and therefore the delivery and curbside services should absolutely remain in place. As far as we can tell, there have been no reported issues related to either service in Ontario.

Regulators in Ontario should reconsider their decision and reinstate the temporary rules to allow delivery and curbside pickup services – or even better, make those rules permanent.

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Canada Now Has More Than 1,000 Legal Recreational Cannabis Dispensaries

Written by Marguerite Arnold on . Posted in Business.

It is official. Canada now has more than 1,000 dispensaries. The last official count as of mid-July was actually 1010.

This is a stunning development in a country that, as of the first year of recreational legalization decided that only the government would be in the dispensary business.

How things have changed in just the last 18 months.

Further, it is also expected that the number of dispensaries is set to grow sharply, given the number of applications in the pipeline.

Where the dispensaries are opening to date is another matter. Openings are still highly uneven. The provinces with the most amount of dispensaries to date are Alberta and British Columbia, like the U.S., on the west coast. Ontario, the headquarters of the largest public companies, lags behind, in large part because of politics, and because of course, the original scrapped plans to mandate government-owned outlets for the recreational market.

Why Does This Matter?

One of the most intriguing stories out of the Canadian market is how effective mom and pops have been in staying the course, in part because patients have the right to grow their own (even if they have to obtain a license to do so). The larger companies are facing a huge backlash, in other words, from regional growers who want to grow and sell locally.

While the big public companies are absolutely investing in next-gen canna products, there is still a lively cultivation and distribution market afoot beyond them, and further one that is regulated first by the federal government and then, in the details, by the Canadian “states.” Just like the United States and certain countries in Europe could and probably also will be within the next five years.

Market Vs. Cannabinoid Forces

One of the stranger aspects of the plant is that in the process of legalization, certainly widely held “truths” about the market inevitably fall to the wayside. The first, as seen plainly in the Canadian dispensary conversation, is that the government cannot “control,” it. Patients and recreational users alike will find ways to get access to this plant, and in ways that continue to democratize the conversation.

And while there are still conversations of “one cannabis company to rule them all,” these have gotten decidedly lower in volume as the reality of meeting market demand if not regulatory muster has kicked in for those on the front end of this discussion.

Bottom line? While there will inevitably, just like the German distribution market, be consolidations and pivots, the cannabis market in Canada is opening, finally, for full and unfettered access to go along with all that reform.

The International Cannabis Business Conference will be resuming its international conference schedule as of 2021. In the meantime, stay tuned to this blog and sign up for our newsletter.

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European Commission Is Considering Classifying CBD As A Narcotic

Written by Marguerite Arnold on . Posted in Business.

As if the confusion over Novel food in the EU was not daunting enough! The news just surfaced late last week that the European Commission has delayed 50 CBD-related Novel food applicants through September to consider the question of whether CBD extracted from the plant should be considered a narcotic.

The directive only applies to food items containing naturally occurring CBD and not synthetic cannabidiol.

Novel food regulations in the EU apply to any products not widely consumed before 1997.

If the EC qualifies hemp plants, even with less than 0.2% as a narcotic (the amount of THC allowed in hemp and as set by the region’s regulators, then the entire conversation has entered the next loopy diversion.

For the past several years, European level conversation about hemp has led to a strange stand-off between regional regulators and individual countries who have continued down the path of greater access and normalization. Namely, as of now, the (non-binding) legal guidance on the status of hemp on the EU side of the Channel is that anything hemp oil-related that is not pressed from seeds (in other words from the flowers and leaves of the plant) is “Novel.”

This alone has been disruptive for the industry – including country-wide health departments and downstream, state, and municipal guidance based on the same. The City of Cologne, for example, just banned all CBD extracts not labeled as novel food. Depending on the Commission’s decision in September, this might be the conversation about all things CBD that is extracted in any way, from the plant that effectively bans CBD for sale across Europe.

Legalization Has Taken A Sideways Move In Europe

There are two reasons for the industry to be concerned. 

The first is that the entire CBD discussion is clearly going to be mired in this kind of ridiculous contretemps for some time to come – especially if the World Health Organization decides to reschedule THC in December. 

Even framing the conversation in the terms that it now is – namely is CBD Novel food or narcotic -  is also a particularly strange way to characterize a plant that has been in use for both medical and recreational purposes for more than a millennia.

Such an avenue of discussion is clearly intended to iron out the many wrinkles that still exist in reforming regulation. It is also clearly intended to throw havoc into the ever-evolving parallel conversation that is clearly on the drawing board here – namely recreational reform.

If every cannabinoid extracted from the cannabis sativa is a narcotic, the entire discussion will be thrown sideways into a regulatory no man’s land that will take a decade to get unstuck. It is doubtful that individual countries in Europe, starting with Luxembourg, will allow that to happen, or to wait that long. Much less the nascent industry.

For more updates on the evolving European cannabis space, stay tuned to this blog and be sure to book your tickets to the International Cannabis Business Conference when it returns to Europe.

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Major League Soccer May Approve A CBD Sponsorship In 2020

Written by Johnny Green on . Posted in Business.

Cannabis reform is spreading to all parts of the globe, and that includes professional sports. For many decades professional sports leagues have prohibited cannabis in all forms, including in advertising.

Cannabis prohibition is a harmful policy wherever it exists, and that obviously includes professional sports. Athletes should be measured by their athletic abilities and moral character – not by the level of THC metabolites that they have in their bodily fluids.

The NHL was a pioneer when it comes to cannabis policy, in that it has not included cannabis on its list of banned substances for many years. Other leagues are warming up to the idea. One front of cannabis reform in sports that has been problematic is cannabis-based advertising.

Sports leagues, and teams within those leagues, bring in a lot of revenue from advertising and sponsorships. Numerous cannabis companies would love to support professional sports teams in that manner, however, such advertising is prohibited in most leagues.

Major League Soccer might be changing their policy soon, and allowing CBD advertising. Per Sports Business Daily:

It is “likely” that the MLS Board of Governors will approve CBD as a new commercial opportunity for teams by the end of 2020, multiple sources tell SBJ’s Mark J. Burns & Terry Lefton.

Commissioner Don Garber last month said that the league would suffer a $1 billion loss in revenue due to the coronavirus pandemic. Sources said that allowing even more commercial opportunities, like with CBD, would help teams and the league recoup some of that money, albeit only a small fraction.

Cannabis advertising revenue will not fix every economic issue that Major League Soccer is experiencing, just as it doesn’t fix every single budget issue when it comes to cannabis tax revenue and governments.

However, that new revenue source can help to some extent, and given the fact that CBD is legal nationwide in the U.S. and in a growing number of countries, and CBD is non-toxic and does not induce intoxication, allowing CBD advertising in the MLS, or in any professional sports league, is an obvious no-brainer.

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Thailand To Allow Private Sector Cannabis Production

Written by Johnny Green on . Posted in Business.

When it comes to cannabis reform, one of the toughest places to be is on the Asia continent. Whereas cannabis reform has spread across almost every other continent, Asia is still largely stuck on the wrong side of history.

One country, Thailand, is looking to make a major play in the cannabis industry, as proven by recent news that Thailand is expected to allow private sector cannabis production, as well as foreign investment. Per Khaosod English:

Reopening its cannabis regulatory platform after months of disruption caused by the coronavirus, the Food and Drug Administration has prepared a draft bill to abolish a 5-year ban on the private sector making cannabis medicine.

Two draft ministerial regulations, one on marijuana and the other on hemp, under scrutiny since the end of last year and January respectively by the Council of State—the government’s legal arm—are also inching ahead following the easing of the lockdown.

Under these three pieces of legislation and regulations, foreigners will be allowed to get involved as long as they hold shares not exceeding one-third in a company incorporated under local law.

These are sensible pieces of legislation that should be adopted by the Thailand government. Right now there is no private-sector cannabis production allowed, and that is not only limiting for local economies, but also for patients that do not have as robust of a selection of medicine as reasonably possible.

Allowing foreign investment is always a slippery slope, in that in some instances it crushes opportunities for local investors and entrepreneurs. Placing a cap on ownership percentage is a good move in order to increase opportunities for foreign investors while balancing it with the need to protect opportunities for local entrepreneurs.