Tag Archives: CAOA

Senators Introduce Cannabis Administration and Opportunity Act

By Cannabis Industry Journal Staff
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Senate Majority Leader Chuck Shumer (D-NY), Sen. Cory Booker (D-NJ) and Sen. Ron Wyden (D-OR) introduced the Cannabis Administration and Opportunity Act (CAOA), a bill that seeks to decriminalize cannabis and end prohibition as we know it. About a year ago, the same lawmakers held a press conference where they unveiled their first draft of the CAOA, calling on the public for comments and input.

In that press conference last year, Sen. Booker emphasized the need to address social equity and restorative justice, laying out the foundation for what would soon be called the most comprehensive piece of cannabis legislation so far.

Sen. Schumer unveiling the Cannabis Administration and Opportunity Act last year.

According to the Minority Cannabis Business Association (MCBA), the bill succeeds in doing that, offering a number of provisions that would help those most impacted by cannabis prohibition, offer funding for equity programs, support for minorities in the cannabis market and more. “The CAO Act represents a giant leap forward in federal cannabis policy by outlining the most meaningful solutions to address issues facing minority cannabis businesses we’ve seen in a federal legalization bill to-date,” says Kaliko Castille, president of MCBA.

Notable provisions in the bill also include:

  • Removes cannabis from the Controlled Substances Act scheduling entirely.
  • Allows states to implement their own policies without the federal government interfering.
  • Allows cannabis businesses access to financial services, removes the threat of 280E tax code impacting normal business deductions.
  • Regulatory responsibility would fall under the authority of the Alcohol and Tobacco Tax and Trade Bureau (TTB), the Food and Drug Administration (FDA).
  • Immediate expungement for prior cannabis convictions and cancellation of any sentencing for those incarcerated for cannabis.
  • Raise allowable THC content in hemp from 0.3% to 0.7%.
  • Sets up a pilot program with the Small Business Administration (SBA) for minority-owned and economically disadvantaged cannabis businesses.
  • High taxes: Up to a 25% federal excise tax on top of state cannabis taxes.
Biros' Blog

Happy 4/20, Blaze On!

By Aaron G. Biros
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Happy 4/20! The cannabis holiday with unclear origins is today and with it comes hundreds and hundreds of marketing and story pitches landing in every journalist’s inbox. Some of those pitches are impactful, some lack substance, some celebrate anniversaries, most offer discounts and sales and some are truly bizarre.

Every year, April 20th marks the cannabis holiday that people around the world celebrate with copious amounts of cannabis, concerts, festivals, deals, sales and marketing gimmicks. This year, here are some noteworthy (and weird) happenings going on as we celebrate the wonderful plant that brings us all together:

Leafly rings in the holiday on the NASDAQ: Leafly CEO Yoko Miyashita, surrounded by her colleagues, rang the opening bell for the NASDAQ Stock Exchange. The company began publicly trading on the NASDAQ as ‘LFLY’ back in February.

Smoke em if ya got em: Leafly CEO Yoko Miyashita, surrounded by her colleagues, rang the opening bell for the NASDAQ Stock Exchange

Americans for Safe Access (ASA) turned twenty on April 19: The policy, action and advocacy organization has been influential in passing medical cannabis laws throughout the country for twenty years now. The organization has trained thousands of public defenders, worked with thousands of incarcerated medical cannabis prisoners, organized protests all over the country, worked with regulators in dozens of states to pass safety rules, published reports, launched their Patient Focused Certification program and much more. Happy birthday ASA!

Emerald Cup and SC Labs celebrate thirteenth anniversary: The couple has been together now for thirteen years, with the Emerald Cup heading into their eighteenth annual competition next month. For the past thirteen years, Santa Cruz-based SC labs has worked with the Emerald Cup as their official testing partner, verifying COAs for potency and purity, gathering data on terpenes and classifying products and strains. Happy anniversary you two!

Smoking’ sandwiches: The cannabis-inspired, Arizona-based sandwich shop chain Cheba Hut celebrates the holiday with $4.20 “nugs” (pretzel nuggets) served on a frisbee and two PBRs for $4.20.

NORML stays busy: Executive Director Erik Altieri called for reforms in a press release: “While we have undoubtedly made immense progress in recent years, hundreds of thousands of our fellow citizens are still arrested each year for simple possession of a plant. That is why we are calling on all Americans to take time out of their day on 4/20 to help us finish the fight, both at the federal level and in those states that still are living under the dark ages of prohibition. We have an overwhelming mandate from the people and we intend to make sure that elected officials abide by it.”

New Jersey, a day late and a dollar short: The Garden State will begin adult use sales on April 21st at thirteen dispensaries. The delays, licensing process and regulatory hurdles have created confusion and frustration for the industry, but the state is moving forward with their plan and dispensaries will serve adults over 21 tomorrow, a day after the holiday.

Cannabis-infused Mac and cheese, a dangerously cheesy combination.

Sluggish Senate: The SAFE Banking Act has passed the House six (six!) times so far, most recently in February of this year. Sen. Cory Booker has long said he opposes the cannabis banking bill without wider legalization legislation (say that six times fast). Sen. Chuck Schumer also announced last week that his cannabis bill introduction is delayed. The CAOA won’t come until August now he says.

Cannabis Cuisine: Celebrity chef Todd English curates a “cannabis-curious cuisine” with infused Mac & Cheese via LastLeaf.

Erotic infusions: This CBD company offers 20% off their infused lubes, massage oils and products with code oOYes20. OoYes! CBD Lube is a female-founded formulations company focusing on the sex positive, “cannagasmic” hemp-derived CBD products space.

Backwards down the number line: Phish plays their first night back at Madison Square Garden in New York for a four-night run. Correctly guess the opener for tonight in the comments below and win a free beer and a burger with me at this year’s Cannabis Quality Conference & Expo.

That’s all folks! Thanks for reading and blaze on!

Blast from the past: Here’s a little treat if you’ve made it this far. This is me ten years ago today (back in college), smoking a joint on April 20, 2012. Time flies.

Meet Looming Federal Cannabis Regulatory Compliance Management with Automation & Confidence

By Steven Burton
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Federal regulation of the cannabis and hemp sectors is coming sooner rather than later — and this is mostly good news for cannabis businesses and consumers. But cannabis producers already struggling to meet complex and ever-changing local regulations (where they exist) will be facing a new set of challenges with another level of regulatory oversight and compliance.

Navigating multi-jurisdictional regulatory compliance management requirements is near-impossible with legacy manual systems. That’s why it’s time to leverage the right enterprise resource planning (ERP) system, so that you and your team can meet these compliance management complexities with confidence and ease. Whether you manufacture flower, edibles, beverages, supplements or other dispensary products, here’s what you need to know to stay agile and profitable as more changes loom.

Federal Legalization is Coming

To date, there are 18 states with adult use cannabis markets, 37 with medical cannabis programs, and an additional 13 that have some level of decriminalization. At the federal level, there have already been several attempts at cannabis law reform, with even more on the table in the coming year.

One of the most promising is the Republican-led States Reform Act, filed in November 2021. The central tenant of this proposed legislation is to remove cannabis and cannabinoids from listing as a Schedule 1 Drug under the Controlled Substances Act.

Importantly, if this law passes, it would allow individual states to pursue their own cannabis policies and remove the current risks companies face when going against current federal anti-cannabis scheduling.

The States Reform Act also proposes a three percent federal tax on all cannabis sales and that all cannabis sales fall under the ​​Alcohol and Tobacco Tax and Trade Bureau’s (TTB’s) control. The States Reform Act would — finally — guide the regulation of hemp-derived products through the Food and Drug Administration (FDA).

US Senate Majority Leader Chuck Schumer has also been working on another reform bill, specifically the Cannabis Administration and Opportunity Act (CAOA), which he plans to introduce in April 2022 to further emphasize the criminal justice aspects of legal reform in the context of the War on Drugs.

While the government’s track record on cannabis regulatory reform hasn’t been as progressive as many would like, at this point there is widespread public support and proposed bills from both sides of the aisle. As a result, the US may finally see some movement on cannabis law reform in the very near future.

How to Prepare for Federal Regulatory Compliance Management

With federal regulation looming, it’s time for licensed producers to elevate their internal systems. Whether you work with tetrahydrocannabinol (THC) or cannabidiol (CBD), the regulatory protocols in an already complex marketplace are going to change.

This is especially paramount for those producing cannabis or hemp beverages, edibles and supplements. You will need comprehensive and efficient systems to facilitate this transition. An ERP should reduce compliance headaches and ensure your business is ready to scale when a national marketplace launches.

Automate Data Gathering

It is no longer cost effective to manage seed-to-sale traceability with manual data capture. With the thousands, if not tens of thousands, of data points required at most commercial facilities on a routine basis, data logging is by far the best way to start compliance automation.

Automated ERP systems, which capture essential information across your entire operation, ensure access to real-time data for forecasting, accounting, regulatory compliance reporting and traceability. That means using software that captures and logs intel from across your organization about quality control, inventory and traceability, all without arduous manual input.

The best and most successful ERP systems should be used by all employees to collect data, from sorters/pickers to fork lift drivers to supervisors to senior management. For this to happen easily, the solution must be accessible and user friendly for all employees. ERP systems that can be easily integrated with tablets and smartphones (as well as IoT devices) reduce the need for expensive terminals on the production floor and make data collection a straightforward part of daily operations.

Build Systems to Facilitate Growth from the Start

A rigid ERP system that can’t grow with you is not a smart long-term investment. An adaptable multi-platform system evolves with your company and constantly changing regulatory compliance requirements. A solution that provides access to the entire facility, instead of being limited to individual users, ensures that growing teams can easily contribute to data quality from the plant floor all the way up to the executive office for actionable insights.

Markets are opening up across the country and quite soon, many companies will be looking to expand their operations nationally. As a result, you’ll need systems that can scale, cover additional facilities, keep up with increased production, and even work across different jurisdictions.

Having instant access to detailed operational information delivers greater business oversight at the micro and macro levels – insight that is crucial for expansion, profitability, and cost-cutting measures. Companies with the right systems in place will effectively manage the resulting federal complexities to deliver on regulatory expectations and capture a competitive market share.

Leverage Regulatory Frameworks and Technology from the Food Industry

The Canadian example demonstrates clearly that the regulatory frameworks from the food and beverage industry are the most applicable to the cannabis sector – more so than for pharmaceuticals, nutraceuticals or alcohol. This is most obvious in lucrative value-added markets like edibles and extracts, which are actually also food products.

Issues like dosage standardization, controlling common hazards, managing traceability chains and inventory, and introducing quality standards (including third party certifications like organic and SQF) are all crossovers from the food industry.

Just as the compliance automation wave has hit the food industry in recent years, manufacturers of infused products and extracts can then use the same technology to reduce safety and quality control costs as well as documentation and administrative costs. The lesson? Cannabis industry leaders don’t need to totally reinvent the wheel.

Cannabis Producers Need an ERP System Tailored to Their Needs

In Canada, cannabis manufacturers have learned all too well what a few little mistakes can do to reputation and profitability. MJBiz Daily reported in 2021 that the Canadian government had issued more than CDN $1.3 million (USD $1 million) in fines since legalization. That’s a lot of regulatory compliance issues. Considering there are nearly 500 compliance fields to fill out for monthly reporting, mistakes are difficult to avoid, especially if you rely on a manual system.

FDAlogoThe story is similar in the United States. State regulatory compliance management requirements are complex and arduous for individual companies and employees. When federal regulation does come, US-based producers will very likely face even more strenuous reporting requirements to multiple jurisdictions.

Cannabis companies will need a data-driven system in place to align with the FDA’s Cannabis-Derived Products Data Acceleration Plan. Finding food safety and traceability software that makes reporting easier, automatic, and less prone to human error is paramount to success. As you prepare for the looming federal legislation, look for an ERP system that covers all the bases, including one that:

  • Improves Market Agility: Expedites opening new facilities in new markets as they come online
  • Evolves with Regulatory Changes: Facilitates the transition from unregulated markets into federally regulated ones
  • Automates Reporting: Protects you from regulatory compliance management bumbles stemming from manual input and human error
  • Reduces Workload: Optimizes workflow and reduces labor costs associated with manual input
  • Is Comprehensive: Covers all bases, including food safety, quality control, traceability, production management, and even occupational health and safety

If you aren’t automating the capture of essential information across the entire operation, you won’t be prepared for the regulatory burdens likely to come with federal cannabis legislation. To stay compliant and on top of what will likely be an incredibly competitive marketplace, you are going to need real-time data — data that will provide precise seed-to-sale traceability, product recall capability, and reporting.

Digitizing safety, traceability and complex production management through one state-of-the-art ERP system allows cannabis companies to reap the rewards of data-driven, automation technology almost immediately without the significant capital expenditure on large-scale equipment or robotics. From there, navigating regulatory complexity becomes not only streamlined and operationalized, but an actual market advantage for future growth.

The USDA & Controlled Environment Agriculture: A Q&A with Derek Smith, Executive Director of the RII

By Aaron Green
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Controlled environment agriculture (CEA) is a hot area of investment right now for the USDA, holding the promise of improved efficiencies and productivity for indoor growing operations. The cannabis industry, long accustomed to indoor growing has emerged as a spearhead in CEA innovation.

The Resource Innovation Institute has been supporting cannabis enterprises as a non-profit entity since 2016, providing a benchmarking platform called Power Score to help cannabis cultivators be more efficient with resources in their growing practices. Recently, RII submitted a proposal to the USDA to bring best practices from the cannabis industry to other CEA crop producers. They have also recently been responding to the Cannabis Administration and Opportunity Act, providing comments to frame an energy and environmental policy framework for future federal regulation.

We interviewed Derek Smith, executive director of Resource Innovation Institute (RII).  Derek engages RII’s advisory bodies, including the Strategic Advisory Council and Technical Advisory Council Leadership Committees and develops global partnerships and oversees the organization’s policy work. Prior to RII, Derek was CEO of Clean Energy Works and policy advisor to the City of Portland Bureau of Planning and Sustainability.

Aaron Green: What are RII’s plans for the USDA? I understand you’ve also been working on the CAOA recently?

Derek Smith: We’ve been working in cannabis for five years, publishing best practices and capturing data to inform governments and utilities on how much energy is being used. Our mission is to help producers become more efficient in their use of resources. In addition to informing policies that support producers, we also engage utilities to help them evaluate efficient technologies, so they can put incentives on them and so they can help buy down the cost for cannabis producers to install more efficient technologies.

We submitted a proposal to the USDA, saying we’ve been doing all that in cannabis. This was under the banner of a Conservation Innovation Grant, which is an innovation funding mechanism from the USDA. They specifically wanted something related to indoor agriculture and energy and water efficiency. So, we essentially said, we’ll give you a three-year project that will basically be the blueprint for the controlled environment agriculture (CEA) industry to transform itself toward a more sustainable production path. This applies to both the urban vertical farms growing leafy greens, as well as the growing greenhouse sector that is producing a range of crops, from tomatoes, to berries, to leafy greens to mushrooms, hemp, etc.

We’re essentially taking the Power Score benchmarking platform that we’ve been serving cannabis producers with to help them understand how competitive they are relative to the rest of the data set that we have on energy use and on water use and opening that platform so that more producers of other types of crops can use it. It also feeds into their Environment, Social & Governance (ESG) reporting needs.

We’re going to write a series of best practices guidance for CEA producers, covering a number of topics: facility design and construction, lighting, HVAC, irrigation and water reuse, controls and automation. This will all be very similar to what we’ve done in cannabis. These best practices guides are peer reviewed by subject matter experts throughout the supply chain. A lot of the supply chain in cannabis is the same in CEA. So, we’re bringing them all together to give this kind of good guidance to the producer community.

Green: You started with cannabis and created these white papers. Now you’re branching out into the larger CEA space?

Smith: Exactly. The federal government is literally funding us to develop a green building rating system like LEED, or like the Living Building Challenge, but for the CEA industry for indoor agriculture. The cannabis industry can leverage this federal investment and basically ride right alongside of it so that we can create a “LEED for weed” type of certification system.

Derek Smith, Executive Director of Resource Innovation Institute

That’s one of the main features in our comments to the CAOA when they asked, “what else should we be thinking about on any number of topics as it relates to federal cannabis regulations?” We proposed an energy and environment policy framework for federal cannabis regulation. We did that in partnership with a group called the Coalition for Cannabis Policy Education and Regulation (CPEAR). We just held a webinar two weeks ago. Hawthorne Gardening Company was featured on there as well. They’re very supportive of the federal government playing a “carrots rather than sticks” role as it relates to cannabis energy and environmental policy issues.

That’s essentially our platform at the federal level. The stuff that the USDA is funding us to do will come back and benefit the cannabis industry, because we’ll have this broader set of best practices guidance, data, etc. And then we’ll be able to leverage the federal investment into a certification system for the cannabis industry.

Green: The specific comments you made to the CAOA were primarily related to this energy efficiency certification system work you’ve been doing?

Smith: Yes. It’s more resource efficiency – it’s broader than just energy efficiency. Well, it was three things. So, I’ll just unpack this quickly. One, is learn from the states that have already initiated some form of regulation or support on helping producers be more efficient. Massachusetts is one example. They put lighting requirements on the industry that don’t explicitly mandate LEDs, but it comes close to that. California passed an energy code that will take effect on January 1 of 2023, that also has lighting requirements.

Green: Is this applied to all greenhouse growers?

Smith: Yes, at a certain size and level of energy usage. In California, it’s the first market where their Title 24 regulations apply not just to cannabis, but to all horticultural operations. Yes. So that’s what we’re seeing is that cannabis is sort of the tip of the spear for the way governments are thinking about policy for indoor agriculture more broadly. We’re trying to get them to focus more on having the federal government play a supportive role. The states are doing the regulation, the federal government can be more focused on carrots, not sticks, right?

So, back to the list of three things. Number one is learn from the states. Don’t add regulatory stuff, just learn what’s going on, and then decide about how to act. Number two is recognizing the need for data. So, supporting state requirements on energy and water reporting like Massachusetts, Illinois, California – a lot of states have either enacted reporting requirements, so the producers must tell the state how much energy and water they’re using and they’re using the Power Score benchmarking platform, which has a compliance function for free to do that reporting. Then what we’re doing is helping everybody understand what the aggregate data is telling us. We protect the producer’s confidentiality, and we’re building this valuable data set that’ll inform the market about what is the most efficient path going forward.

Then the third thing is focused on carrots, not sticks. For example, support the development of a certification system that recognizes leadership, that’s based on a market driven voluntary action by a producer where they say, “I’ll be transparent with my data, because I’d like to be showcased as a leader and get recognition for the good work I’ve done to create an efficient operation.” Then there’s valuation through the real estate transaction as well because you even have a plaque on your building that says this is certified to this agricultural standard.

That’s all the vision that we’re laying out, and we’re looking for partnerships at the MSO level to join in and be recognized and get in the queue as leaders for the investments they’ve made in efficiency.

Green: Great, thank you Derek. That concludes the interview.

Smith: Thanks, Aaron.

ASTM International Launches New Subcommittee

By Cannabis Industry Journal Staff
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ASTM International, the renowned global standards body, has established a new subcommittee, D37.92, aimed at facilitating the exchange of ideas and information between policymakers, regulatory bodies, scientists, stakeholders and the public.

According to a press release, the new subcommittee, at the request of the U.S. Senate, has provided comments on the proposed Cannabis Administration and Opportunity Act (CAOA). The comments including the sharing of ASTM’s work in the cannabis industry, their organization, membership information, defining cannabis terms and their published standards related to facilities, consumer safety and other areas.

David Vaillencourt, frequent contributor to CIJ and chair of the new subcommittee

The subcommittee is headed up by David Vaillencourt, founder & CEO of The GMP Collective and frequent contributor to Cannabis Industry Journal. “With a patchwork of regulations across state, federal, and international levels, this subcommittee will be valuable to industry and government stakeholders as a means to collaborate,” says Vaillencourt, current chair of the new government liaison subcommittee. “It’s really going to facilitate dialogue that will be key as we look ahead to a global marketplace in the coming years.”

ASTM has been working with the cannabis industry through their D37 committee since March of 2017. Soon after the D37 committee launched, they began crafting cannabis standards and have grown their membership and subcommittees considerably over the past few years. In August of this year, they announced the development a new voluntary, consensus-based standard, the Change Control Process Management standard. The new committee, D37.92, is currently seeking public participation in their work to develop the new standard. To learn more about cannabis committee participation and membership, click here.

Organizations Submit Comments on CAOA

By Cannabis Industry Journal Staff
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Earlier this summer in July, Senators Chuck Schumer, Ron Wyden and Cory Booker held a press conference where they introduced the first draft of the Cannabis Administration and Opportunity Act (CAOA). During the press conference, the Senators laid out the foundation for their comprehensive cannabis legalization measure, emphasizing the need to address social equity and social justice matters, while also asking for support in revising the draft bill.

Sen. Schumer unveiling the Cannabis Administration and Opportunity Act

In response to that call for input on the draft legislation, a number of nonprofits and trade organizations last week submitted comments. Among the organizations to submit comments on the new legislative proposal to end federal cannabis prohibition were a lot of cannabis advocacy organizations: The National Cannabis Industry Association (NCIA), the Marijuana Policy Project (MPP), the National Organization for the Reform of Marijuana Laws (NORML), the Minority Cannabis Business Association (MCBA) and the Coalition for Cannabis Policy, Education, and Regulation (CPEAR). To refresh your memory, CPEAR is a controversial trade organization founded in March of this year by corporate interests in big alcohol and tobacco.

Regardless of the interests behind the organizations, all of them seemed to have comments that aligned with one another. All of the comments submitted by those organizations had a common theme: social equity. Even CPEAR submitted comments highlighting the importance of “providing substantial opportunities for small and minority-owned businesses.”

The NCIA’s comments are perhaps the most comprehensive of the group, outlining an equitable, state-centric and small business-focused plan for federal cannabis reform. The MCBA’s comments reflect its mission and focus on things like restorative justice, minority participation, equitable access and inclusion.

The MPP’s comments are noteworthy because of their concerns regarding a number of regulations. Karen O’Keefe, state policies director at the MPP, says certain aspects of the regulatory scheme need clarification. “Our two major areas of concern are: the possible upending of state licensing and regulatory systems — driving sales underground — and the impact on medical cannabis access, including for those under the age of 21,” says O’Keefe.

NORML’s feedback is also particularly poignant. They ask to leave medical cannabis markets exempted from the federal excise tax proposed and for the federal government to balance roles shared between the FDA, TTB and ATF to ensure that individual state markets won’t be adversely affected by federal regulation.

To learn more, take a look at the draft legislation in its entirety here.