Tag Archives: colorado

December 23, 2015

Year in Review, What’s In Store for 2016: A Q&A with Nic Easley

By Aaron G. Biros

With 2015 coming to a close, to understand and start strategizing for the next year, we must look back on the year and gauge the industry’s progress. A lot has happened this year and there is a lot to look forward to in 2016.

Nic Easley presenting at the 2015 High Times Business Summit in Washington, D.C.

Nic Easley, founder and CEO of Comprehensive Cannabis Consulting (3C), gave a presentation at the High Times Business Summit last week, reviewing the cannabis industry’s progress in 2015, and providing some insights on what to look for in 2016. 3C is a national cannabis and hemp consulting firm dedicated to ensuring the highest standards in large-scale, sustainable organic production and product manufacturing. Over the past eight years in Colorado and nationwide, Easley has helped more than 60 clients design, build, start up, and optimize their operations. Easley is an active participant on multiple committees in various industries, non-profit groups, and rule making organizations that are setting the standards and regulations guiding this industry. Through his involvement he is able to promote sustainable, sensible practices and policies that drive cannabis cultivation and industry best practices into new realms of productivity, profitability, and professionalism.

We were able to sit down with Nic Easley after the conference to get some better insights for how the industry performed in 2015 and what is in store for 2016.

CannabisIndustryJournal: How do you think Colorado’s year of pesticide recalls will help shape the industry’s future?

Nic Easley: As a member of the Pesticide Advisory Committee with the Colorado Department of Agriculture, I think there is a tangible need for better, more comprehensive regulatory guidance. If we come out with strict pesticide regulations, it will be better for everyone in the industry and consumers, but more importantly it will benefit patients gaining access to safe, laboratory-tested medicine. The regulators will need our help to write the rules. Harder laws are good for us though, because the ethical businesses will always take the route of integrity, as opposed to the businesses that cut corners. Those companies not playing above board will be weeded out and reprimanded in due time. A lot of it comes with the responsibility as a grower and producer to facilitate medical needs, that is a responsibility that requires great integrity. As for the testing regulations, there are too many conflicts of interest and we need to look toward third party testing and accreditation to prevent laboratory shopping, skewed results and other inconsistencies. We need to not allow producers to provide their own samples, sampling and sample preparation needs to be controlled through third party laboratories working above board, as opposed to labs wanting to keep clients instead of providing accurate and consistent test results. Looking forward to 2016, we will continue to see the pesticide issue shape the industry, for better or worse, this is a problem we need to find the right solutions for and that comes through working with regulators, like the Colorado Marijuana Enforcement Division, to write the required regulatory framework.

CIJ: Looking nationally, what major trends were highlighted in 2015 and what would you like to see change for 2016?

Nic: With Oregon going online October 1^st, and Maryland’s license application process opening up, we are recognizing some diminishing barriers to entry in markets previously difficult to tap due to things like residency requirements and where the capital came from. Maryland’s infused product and processing licenses are much more readily available as opposed to the cultivation licenses due to stipulations. States like Oregon and Alaska that dragged their feet a little with regard to their regulatory model, are just releasing a lot of barriers to entry for licensing applications. Oregon may have missed some tax revenue in the initial launch of the program, but they are doing it right through diligent research instead of using their citizens as guinea pigs. For businesses looking to get started, you can avoid poor decision making by knowing the rules. New and established businesses alike need to take the responsibility to write the rules to be socially, environmentally and economically responsible. If we want to make money in this industry to help the government’s role in keeping us safe, then doing business in the most socially responsible way possible will lead to profitability. What I would like to see change for 2016 is the expanding list of qualifying conditions. As a military veteran, I would like to see Colorado stop looking at the tax revenue of adult use cannabis, and make PTSD a qualifying condition for medical marijuana. The Bob Hoban lawsuit suggests that Colorado is marginalizing medicine because they will make more tax revenue by blurring the lines of adult use and medicine. All of the studies out there, including Dr. Sue Sisley’s work, suggests PTSD can be treated with medical marijuana. That highlights another trend I would like to see change in 2016: We need clinical research on these conditions, because observational research just is not credible enough. We [businesses in the industry] need to actively promote the need for clinical research to help propel social change and get the information and knowledge out there. With the right information, this industry can make informed decisions that will help all stakeholders.

CIJ: What advice can you offer to cannabis businesses for 2016?

Nic: I tell my clients that, because cannabis is still federally illegal, you must understand the present risk associated with the work you are doing. We need to ask questions like how can we do this responsibly and set a good example so when the time comes, the federal government will look to us as a legitimate industry, working with regulators to write the rules for safety. For new businesses, produce the safest, highest quality, and affordable medicine and work with other businesses and regulators to keep innovating in the area of safety. Focus on the structure of your business: build your foundations and using expert advice, you can avoid major pitfalls and become the leaders in this brand new industry. Look for environmentally sustainable solutions, climate change issues need to be addressed in this industry. Use appropriate technology instead of burning coal to grow marijuana, which increases our carbon footprint. This includes both environmentally sound standard operating procedures and the right technologies, but also social justice. We are presented with a terrific economic opportunity to work on climate change issues, so work to address inefficient practices and innovate to be as sustainable as possible.

CIJ: For the entire cannabis industry in 2016 , what kind of growth do you expect?

Nic: We have reached a point where I foresee a holding pattern beginning to take shape. In 2016, the industry will continue to grow and demand will not be satiated by supply. August of 2015 was the first month when Colorado saw over $100 million in sales. We will increasingly see more price fluctuations as bigger projects come online. Many states in 2016 will focus on problems with their regulatory models and devising solutions for them. Businesses will continue their strategic growth planning, with key states potentially coming online for adult use such as Nevada and California. Nevada is one of the most up and coming markets in America with a 68% approval rating, and they have the ability to grandfather in businesses and previous rules associated with their medical marijuana program. Knowing licensing applications can take eight to eighteen months before you can become operational, we have to place our bets wisely. There is a lot happening in all these states and from the big November votes on, chaos will ensue as regulators tackle big problems with the overhaul. In 2016, the cannabis industry will make a big impact on the United States, and the exciting part is that progress is made through business as usual for us.

November 11, 2015

Pesticide Recalls an Ongoing Issue for Colorado

By Aaron G. Biros

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In the wake of investigations this summer in Oregon and Colorado, which found that numerous marijuana products contain levels of illegal pesticides, state regulators, laboratories, manufacturers, and cultivators alike are acting fast to minimize risks to consumers and patients. The largest recall ever to occur in the cannabis industry happened on October 30, when two companies in Denver found potential pesticide contamination in tens of thousands of packages of edible cannabis products.

As of now, it is difficult to find information available on pesticide use and flowering, its effect on the body through combustion and inhalation, and its effect on medical patients with already weakened immune systems. Research suggests up to 69.5% of pesticide residues can stay in marijuana smoke. Of course, there is a need for more research, but it is safe to accept that pesticides already banned for use on foods by the USDA or state departments should not be allowed in cannabis production.

In Colorado, “Nearly six months after the city of Denver began a crackdown on unapproved pesticides in marijuana products, a spot-check by The Denver Post found that the chemicals were still being sold to consumers.” This presents a major problem to an industry still trying to change public opinion for wider legalization efforts.

The Oregonian and OregonLive investigation found pesticides in most of the 10 marijuana concentrates that were screened. “Many of the pesticides detected aren’t regulated by Oregon’s medical marijuana rules, which means products that contain these chemicals still can be sold.”

While state regulations on pesticide use continue to get hammered out, the U.S. Department of Agriculture along with the U.S. Environmental Protection Agency is currently working on identifying pesticides that might be safe to use on cannabis. That guidance is crucial for any industry in order to establish safe levels of pesticides allowed, as well as which pesticides are more dangerous to the consumer than others.

Just last week, two of the largest recalls in the cannabis industry occurred in Colorado due to potential pesticide contamination. According to The Denver Post, as many as 30,000 packages of edibles produced by two companies were recalled by the Denver Department of Health.

Alex Garton, a cultivator in Michigan, agrees with many proponents of organic methods, citing the need for close management of the plants without pesticides. “The best way to avoid pests is to keep the grow room clean,” he says. “Mites will come and go, as will temperature and humidity issues, but without using pesticides, there are some safe, natural products that are very effective.”

“I treat my plants with natural compounds that are permitted under the federal government’s guidance for use in vegetable applications for human consumption,” Garton adds. “Never use anything remotely resembling a pesticide on flowers particularly when maturing and in the flowering process.”

Adam Jacques, master cultivator and owner of The Growers Guild in Eugene, Oregon, agrees with the sentiment of caution shared by many in the industry. “I would say, nationwide, there needs to be a more in depth look at pesticides, even organic strawberries can have [the pesticide] Eagle 20 on them,” he says. “With cannabis, we can’t scrub and wash pesticides off like fruit that you take off the vine, and there is a real lack of research on residues and combustion.”

Jacques tests all of his cannabis products for pesticides, molds, microbials and pathogens along with potency profiles, most of which is not required by the state. Growers should take lessons from Garton and Jacques by forgoing any application of pesticides until there is more confident state-level guidance on the dangers associated with pesticides on cannabis.

October 23, 2015

Staying Compliant with CannaScore

By Aaron G. Biros

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Cultivators, manufacturers and dispensaries face a variety of ever-changing regulations that vary between states. The cannabis industry is notoriously inconsistent with regulations and as new legislation changes the rules so often, it can be difficult for businesses to keep up and stay compliant.

CannaScore provides a cannabis compliance auditing system that takes an inspector through questions around the operation, flagging areas that are out of compliance with state regulations. CannaScore works in Washington, Oregon and Colorado, and has plans to provide its services in Nevada and Maryland soon.

After co-founding DANK, a dispensary located in Colorado, Kush Bottles Colorado, a marijuana child-safe packaging company, and Denver Consulting Group, license-to-sale consulting company for the marijuana industry, Greg Gamet co-founded CannaScore after finding third party compliance audits to be lengthy, time-consuming and inefficient. The company developed the program and a mobile app within one year and beta-tested it for another six months.

“We are trying to stay in code with city and state regulations, along with the Colorado Marijuana Enforcement Division [MED], who finally has enough money to go out and enforce those laws. CannaScore identifies areas of concern and allows business owners to take corrective actions before problems ensue,” says Gamet.

homescreencannascore — The home screen of the app, CannaScore, on an iPad

According to Gamet, some of the biggest areas of concern for business owners involve making sure employees and day-to-day operations follow the extensive rules set forth by state and local governments. “The MED wants to make sure there is no hidden ownership [or] diversion of the product, and that dispensaries are following the rules, especially when it concerns public safety,” he says. “CannaScore can help businesses get a great overview on how they are operating within these rules that are enforced not only by the MED, but local police and fire departments, local health departments, and the Colorado Department of Agriculture.” The program will be available to other qualified consulting services to use through licensing agreements.

audit summary — An Audit Summary Report prepared for Cannabis Investors Group

The overall score, much like a FICO or Dun and Bradstreet score, rate an individual’s or business’ credit score, which helps business owners, banks, landlords and other stakeholders know what level of compliancy a cannabis business is operating. It also keeps a compliancy record on hand if a business is required to prove to a governing body its willingness to follow the rules.

In performing dispensary, grow, infused products, and MIP kitchen audits, CannaScore can give the consulting company that is performing the audit the ability to assist in the correction of any and all violations. “Once a violation has been found, the consulting company can work with the customer to get it corrected immediately, which will increase revenues,” says Gamet.

“Because rules and regulations change so often it can be very difficult to stay on top of managing everything that goes into staying compliant,” Gamet adds. “Keeping compliant in the cannabis industry is a full time job and CannaScore can make it easy.”

As the industry grows and regulators hammer out details in legislation, compliance will remain an important part of any cannabis business. Staying in code with local laws and state regulations can make or break a business.

October 19, 2015

Legalize Marijuana and Regulate it Like Alcohol: Marijuana Policy Project

By Aaron G. Biros

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The Marijuana Policy Project (MPP) is a non-profit political organization, and has taken the leading role in several successful state-level marijuana policy reforms. Founded in 1995, MPP has most notably led the 2012 Amendment 64 initiative in Colorado to legalize marijuana for adults and regulate it like alcohol as well as the successful 2014 campaign under a similar name in Alaska.

The Massachusetts MPP Campaign Logo

While MPP has been active at both the federal and state level, Matt Schweich, director of state campaigns for the organization, works in a handful of states to pass bills through state legislatures. In particular, Schweich’s work has put an initiative on the ballot in Nevada, and MPP is working with a coalition of groups on an initiative in California, both of which are scheduled for 2016.

In both Massachusetts and Arizona, Schweich and his team are leading the Regulate Marijuana Like Alcohol campaigns, where they manage political committees and lobby for legalization.

The Arizona MPP Campaign Logo

“We named the campaign [Regulate Marijuana Like Alcohol] because we want that to be the central message to the voter,” says Schweich. “We need to get the message across that marijuana is objectively less harmful than alcohol, and it makes no sense to punish users of marijuana.”

“It is common sense to understand that one is less harmful to the user and society in general, [and] in light of the fact that alcohol is legal, it makes no sense to keep marijuana illegal,” he adds.

According to Schweich, voters in their respective states should be given the independence to decide how to handle licensing and regulations, depending on the jurisdiction, just like state liquor laws.

On a national level, MPP has a federal policy team currently working on the fight for marijuana businesses to gain access to banking and financial services.