SACRAMENTO, CA- Lawmakers in California voted to pass Assembly Bill 21 this morning, a bill aimed at slowing local municipalities from placing bans on cultivating cannabis. Earlier this week, the California Senate passed the bill in an overwhelming 35 to 5 vote, sending it to the Assembly.
The bill, AB 21, won unanimously in a 65 to 0 vote this morning, according to a lobbyist on behalf of CalCann Holdings. The bill now heads to Governor Brown’s desk to sign it before it becomes a law. The governor has twelve days to sign it into law because of an urgency clause.
“Over the past several months, local governments throughout the state have been banning marijuana cultivation and dispensaries right and left,” says Aaron Herzberg, attorney and partner at CalCann Holdings. CalCann Holdings is a California-based medical marijuana holding company building a portfolio of licensed MMJ businesses and properties.
“Assuming Governor Brown chooses to sign this bill into law, cities will have the time to take a more reasonable approach to this issue and, ideally, allow licensed marijuana to be cultivated and distributed throughout the state,” adds Herzberg. “This is a vitally important piece of legislation that fixes a serious drafting error, and the sooner it can be signed into law, the better.”
The bill fixes an important mistake in the regulations that previously allowed the state to license growers operating in municipalities without written laws in place yet by March. Because of that deadline, cities were rushing to ban growers and dispensaries before they lost autonomy to regulate them. Governor Brown is expected to sign the bill into law, which would curb municipalities from shutting down cannabis businesses.
A few weeks ago, it was that time of the year when people set new year’s resolutions hoping to accomplish a set of goals or somehow better themselves. More often than not, those expectations never get met and those resolutions remain unfulfilled, lofty ambitions.
The cultivation of cannabis is a production process that is notoriously inefficient and energy-intensive. Indoor growing requires a very large carbon footprint. In 2015, we saw the country’s cannabis market grow to roughly $2.7 billion. Looking forward to 2016, we can expect more growth with multiple states voting on recreational sales including California and Nevada, leading to more growers and a higher volume of cannabis production across the nation.
I am suggesting a resolution for cultivators to adopt: Grow your cannabis more sustainably. This might seem unattainable, but the key to a good resolution is a force of habit, setting small goals to improve your production process and make your operation more efficient, ultimately saving you money and reducing your carbon footprint. This series will delve into some of the tools cultivators can use to grow cannabis more sustainably.
Environmental, social and economic sustainability are the three pillars of sustainability to keep in mind. Many describe it in terms of people, planet and profit in reference to the Triple Bottom Line of 21st Century Business. Essentially, cultivators should adjust their standard operating procedures and business model to include their responsibility to be environmentally, socially and economically sustainable.
The challenge of growing cannabis efficiently is understandably daunting. A research study published in the journal, Energy Policy, suggests, “One average kilogram of final product [dried flower marijuana] is associated with 4600 kg of carbon dioxide emissions to the atmosphere.” That translates to an enormous carbon footprint, the equivalent of roughly three million cars.
The use of pesticides is also a tangible social and environmental issue of sustainability because of the potentially harmful effects on the cultivation environment and the consumer. Just last week, Denver recalled almost 100,000 edibles due to concerns of dangerous pesticide residue. Growing pesticide-free marijuana is more sustainable across the board for obvious reasons; it is safe for the consumer, less harmful to the environment and more marketable as a clean and safe product.
There are a lot of tools in the cultivator’s arsenal they can use to work toward a more sustainable operation. Some of these include more energy efficient technology, like LED lighting and efficient HVAC systems. Some tools require more effort to implement like moving toward greenhouse growing, using post-consumer products, support fields, composting and others.
In this series, we will hear from growers offering advice on some of the steps you can take to grow your cannabis with sustainability at top of mind. Alex Cooley, vice president of Solstice, a cultivation and processing business in Washington, will share some insights on the sustainable technologies you can implement to improve efficiency in your grow operation. Stay tuned for Part II of Sustainability of Cultivation in 2016.
By Aaron G. Biros, Matthew A. Karnes, CPA 1 Comment
According to Matthew Karnes, founder and managing partner of GreenWave Advisors, LLC, looking toward the growth of the cannabis industry requires analysis of the changes in state and federal laws. “Eventual rescheduling or de-listing of marijuana as a federally prohibited drug, will hopefully lead to consistent and uniform national regulation and taxing authorizations that will ultimately change the structural and economic landscape of the industry,” says Karnes in an article here.
Looking at the sales trends in current legal states is a viable option to make financial projections, but much of that relies on the changing legal and political landscape of our country. According to Karnes, because it is impossible to accurately predict federal rescheduling or full legalization, investors must look at short, medium and long term trends to guide their decision making process. Cannabis Industry Journal sat down with Matthew Karnes to discuss some of the foreseeable trends.
Cannabis Industry Journal: What are some of the trends happening presently, that you can expect to continue?
Matthew Karnes: Just as states continue to pass legislation in some form of legalization measure, there is talk at the federal level of minimizing interference with state policies and removing prohibition statutes. We can see this national progression continuing until rescheduling cannabis eliminates the current obstructions that have limited industry growth.
Where states continue to roll out legislation to legalize cannabis, the rate of retail and cultivation license granting will have a large effect on the growth rates for each given state. Free market approaches as seen in Colorado and California will allow for faster growth rates than more restrictive states.
Recreational and adult use measures being introduced are notable disruptions in the medical sector that once fueled legalization. Medical research and development of strains for specific ailments is still in its early stages due to the impact of federal policy on research.
With an eye forward to eventual federal rescheduling or possible de-listing it is reasonable to assume that uniform national testing and operational standardization protocols will eventually be implemented at least as a baseline binding thread that will steadfastly assure consumers of an expectant consistency of product.
CIJ:Where do you see medium term trends taking the industry?
Matt: With more and more states legalizing cannabis in some form, we can expect the federal government to make a policy change. This will be accomplished via a DEA policy change or through congressional avenues in conjunction with federal agencies like the FDA, USDA and Department of Agriculture administering regulations.
With FDA or Department of Agriculture implementing cannabis policies, we can expect increased interest from outside the industry in research and development of cannabis-based drugs. This will lead to a medical market with more targeted medicine with precise dosing. We can expect more physicians to gain comfort in treating ailments with cannabis as well.
The recreational market will expand greatly with normalized commerce, enabling larger cultivation operations and infused products brands could grow to the national scale with interstate commerce.
CIJ: Where do you see the industry going long term?
Matt: When the cannabis industry matures down the road, we can expect multiple offshoots occurring. The recreational industry will involve local, regional and national policy much like the alcohol industry, and will likely resemble a liquor store model with individual “mom and pop” type businesses.
We anticipate that the medical market will recalibrate as more targeted products with precise dosing and efficacy are developed. At that point it will experience increased competition and consolidation. Without medical research and clinical trials, we cannot accurately project the growth of the medical sector.
Regulations involving tax revenue will most likely use a similar mechanism that states use for alcohol and tobacco taxation. Entities like state liquor control boards will oversee cannabis regulations. When that time comes, the cannabis industry will no longer be a novel idea and will become another conventional ‘consumer staple.’
Throughout the United States, a majority of cannabis for medical and adult use is grown indoors, which requires a tremendous amount of energy and is generally inefficient. State regulators and cultivators alike are beginning to notice the benefits of greenhouse and outdoor-grown cannabis, primarily for energy efficiency and environmental sustainability.
Basil plants ready for packaging and shipping at the Edible Garden facility in Belvidere, New jersey
Terra Tech, a publicly traded company, cultivates environmentally sustainable produce through its subsidiary, Edible Garden, in Belvidere, New Jersey. Utilizing Dutch hydroponic cultivation methods, integrated pest management and computer-controlled automation, Edible Garden grows certified organic herbs such as thyme and basil in their greenhouses in New Jersey.
Poinsettias ready for distribution at Edible Garden facility in Belvidere, New Jersey
Edible Garden is certified by the Global Food Safety Initiative (GFSI), which provides internationally recognized benchmarks and guidance for managing food safety and meeting standards. According to Ken VandeVrede, chief operating officer of Terra Tech, the company plans to take these cutting-edge practices and standards from cultivating produce to the cannabis industry to grow quality, sustainable and safe cannabis in states where it is currently legal.
The company is actively making its operations more environmentally sustainable via greenhouse cultivation, Dutch style hydroponics, shipping locally, and integrated pest management. “We plan on implementing guidance from our two years of GFSI certification and our organic certification along with all of our practices from the food side and bring them to cannabis; for us, it is just another plant,” says VandeVrede. With the help of computer automation, he says they can cultivate cannabis at the commercial scale, creating more homogeneity by removing human elements and utilizing environmental controls. Through computer automated blackout curtains in their greenhouses, they plan to minimize energy usage by using natural sunlight when possible.
“The procedures are very similar across industries so we are creating our own internal standards for cannabis cultivation,” says VandeVrede. “We are trying to be at the forefront of the industry and set the standard for growing cannabis, because right now, there are no standards in place.”
Mint plants ready for harvest at the Edible Garden greenhouse
Terra Tech has already started its move into the cannabis industry via its subsidiary, IVXX LLC, which makes medical cannabis extracts for dispensaries in California. The company has also broken ground on cultivation and production facilities in Nevada and dispensaries in California, and submitted an application for licenses in Maryland. “Terra Tech is doing everything with vertical integration in mind; we will control the cultivation, bringing experience from our agricultural background to cultivate high quality and high yield cannabis, making oil and extracts with it to sell in our dispensaries,” adds VandeVrede.
Looking to the future of cannabis cultivation, Terra Tech’s plan is to keep environmental sustainability at top of mind. “As a company we are growing indoor, but moving toward greenhouse cultivation across the board”, says VandeVrede. “Our focus on expansion will be [include] greenhouse-grown cannabis, which is a lot more efficient, saving us money but more importantly reducing our overall carbon footprint.” With more companies adopting these sustainable farming practices, the industry might soon usher in a new era of environmentally friendly cannabis cultivation.
Patients in California have had access to medical marijuana since it was legalized in 1996. Two decades of legal medical marijuana in California, the world’s eight largest economy, has formed a thriving market of producers, processors and dispensaries. Propositions on the state’s ballot for 2016, such as the Control, Regulate and Tax Adult Use of Marijuana Act, promise measures to introduce the recreational market into the state regulatory system.
G FarmaLabs, a family-owned and operated business, has been operating in California since November of 2013, when they launched at a Marijuana Business Conference in Seattle that year. Ata Gonzalez, founder of G FarmaBrands and chief executive officer of G FarmaLabs, has been in the cannabis industry since 2009, cultivating in California and operating marijuana dispensaries, when he took notice of the changing industry and consumer trends shifting toward consumption of edibles and concentrates.
Ata Gonzalez, CEO of G FarmaLabs and founder of GFarmaBrands
“Once the Cole Memo hit in August of 2013, the cannabis industry took off and so did we through a combination of great timing and well thought out regular market packaging and marketing,” says Gonzalez. “With our background in cultivation, we use quality flower as the foundation of our brand, and our proprietary cannabis oil formulations are the backbone of the brand, we use that oil to infuse all regular market edibles products.” They are vertically integrated, beginning with their cultivation of seven strains, so they monitor every blend going into their products and test for potency and pesticides in a consistent manner.
Another key ingredient in their brand recognition seems to come through great product diversity. G FarmaLabs has twenty flavors of infused chocolate bars, a variety of chocolate truffles, pretzels, brittle, chocolate covered cherries, teas, lemonades and other forms of infused edibles. They manufacture a variety of cannabis oil concentrates that come in a syringe to refill cartridges or put on your dry flower or joint but they also sell pre-filled vape cartridges, and pre rolled cannabis cigarettes called G Stiks.
The G FarmaLabs logo, an integral part of their branding, is emblazoned on their packaging.
Luigi De Dominicis, chief technology officer of G FarmaBrands, says their extraction process is another essential factor in the brand’s success. They run their raw plant material through supercritical fluid extraction (SFE) with CO2. “We do not use solvents like butane to extract our oil because CO2 is proven to be safe for both the operator and end user; we pride ourselves in putting out a safe and quality product,” says De Dominicis. “The same product that goes into our cartridges and syringes goes into our edibles with a different refinement process, which are all tested for potency, microbials and pesticides to ensure consistency, safety and quality.”
In building a successful recreational brand, their expansion model will play a crucial role in keeping their reputation for quality and consistency. David Kotler, Esq., regulatory counsel for global territories at G FarmaBrands, cites their licensing model as the primary distinction between G FarmaBrands and other large marijuana brands looking to expand across state lines. “We are trying to own and control every operation and keep it consistent with production and manufacturing versus giving up control via the licensing process and giving it to others,” says Kotler. This distinction means that G FarmaLabs producers and processors in different states will all operate under the same best practices regardless of location, ensuring consistency from one state to the next.
A glimpse into the new G FarmaLabs facility: The site plan in the city of Desert Hot Springs where they are applying for a permit
“While most states have some form of residency requirements, we are planning to grow organically and self contained, ideally expanding to areas where G FarmaBrands can hold licenses,” adds Kotler. For example, Maryland does not have a residency requirement in their licensing application so that is one of the states they are actively pursuing.
Moving forward, G FarmaBrands is positioning itself for national recognition. “It is difficult in this current regulatory state to state structure to have a national brand, but national recognition is certainly attainable through our great in-house marketing team,” says Kotler.
Running an expansion model of keeping everything very internal, along with their dedication to safety and quality, G FarmaBrands is very well-positioned to be the premier cannabis brand for the state of California, and possibly the nation. They recently harvested a crop in Washington State and in 2016, their products will come to market there. As GFarmaBrands attempts to expand into Maryland for manufacturing, cultivating and operating a retail dispensary, Gonzales keeps his mind set on sustainable growth through 2016 and beyond.
Chris Van Hook performing a routine inspection of a Clean Green Certified crop
Clean Green Certified is a third-party certification program that incorporates aspects of the USDA’s National Organic Program (NOP), international organic programs and sustainable farming practices. Cannabis is not eligible for USDA organic certification because it is not a federally recognized crop, so Clean Green Certified is the closest certification nationally available. More than 200 cultivators are currently Clean Green Certified in California, Oregon, Washington, Colorado and Nevada.
Chris Van Hook, attorney and founder of Clean Green Certified, started the program in 2004 out of requests from growers to certify their cannabis as organic. Van Hook has decades of experience working in environmental law and USDA organic certifications. “About 95% of the Clean Green Certification is based on the USDA’s NOP,” says Van Hook. “The Clean Green Certified cannabis farmer would be eligible for an organic certification as soon as it becomes available, so we are helping the industry get accustomed to the regulations, inspections, and audits that come with getting organically certified.”
A close-up of an outdoor Clean Green Certified crop
Getting Clean Green Certified requires an initial application. Upon inspection, Van Hook’s program examines all the inputs, including water and energy usage, nutrients, pesticides, and soil, along with inspecting the actual plants for agricultural vitality. “We follow the plants from seed to when it is harvested, checking for clean surfaces and containers, as well as drying, curing, trimming, and processing practices,” says Van Hook. “Just like organic farming, the cultivator needs to be an engaged manager and heavily involved with the plants. Much more monitoring is involved to prevent pest problems from getting out of control without using pesticides.”
Van Hook inspecting the flowers on an outdoor plant
The initial screening process takes into consideration traceability and legal compliance, which in cultivation and processing alike is an eligibility requirement. “We use USDA organic standards as guidance for processor facility reviews as well, which include concentrates and edibles manufacturers, breaking it down to labeling, food handling, standard operating procedures, mock recalls, and more,” says Van Hook.
“In a market so used to a lack of oversight, there definitely are some challenges, but we are bringing the necessary agricultural and food handling regulations into the cannabis industry,” adds Van Hook.
The option to grow organically and acquire a third party certification for it can benefit cultivators across the country looking to market their product as environmentally sustainable and pesticide-free.
As the cannabis marketplace grows and more companies gain interest in this space, so does the need for greater access to networking, expert advice and credible information. Events in the form of conferences with educational sessions and expos provide these tools in one location over a span of several days. Many of the conferences include valuable information regarding everything from cultivation to compliance for established marijuana businesses or those seeking to gain entry into the market. Some noteworthy events include:
Kyle Kushman, president & CEO of VegaMatrix, leading the session, Beyond the Basics: Advanced Cultivation Techniques Plus an Open Q&A
Earlier this year the CannaGrow Expo, run by CannaConnections, took place in Portland, Oregon. This event combined the intimate setting of a hotel conference with valuable educational opportunities on all things cultivation. With presentations ranging in topics from the fundamentals of growing to integrated pest management and growing organically, this event provided information for everyone along the spectrum, including beginner cultivators entering the space and veteran growers who have run legal operations for years.
“We believe in great attendee experiences, which starts with a great education,” says Joseph De Palma, founder at CannaConnections. “This is not a festival or mega-expo; this is an educational conference for professionals. Our agenda is designed around providing attendees with actionable, non-salesy cultivation education.”
Clark Tippin, founder of the Organic Cannabis Growers Society, gave a noteworthy presentation called Growing Organically – Sustainable Practices & High Yields, which highlighted the benefits and technical details of various organic cultivation methods.
illumitex, an LED grow light greenhouse supply company, and their booth on the expo floor
“Cannabis is a non-homogenous plant that requires extremely consistent and standardized conditions with good production techniques in order to homogenize CBD levels and terpene profiles,” said Autumn Karcey, CEO of CannaVize, Inc., a sustainable full-service consulting and design firm, during her presentation, Commercial Facility Optimization for Pharmaceutical Grade Cannabis. “The consistency of cannabis comes from maintaining these standardized conditions through good manufacturing practices, quality assurance practices and standard operating procedures.”
CannaConnections’ next scheduled event is the DispensaryNext Conference & Expo, which runs February 1-2, 2016 in Portland. The range of topics includes best practices, marketing strategies, and operational management for dispensary owners and managers.
MasterPlans, a business planning firm based in Portland, Oregon, has more than 13 years of experience in the emerging cannabis industry. The firm has worked to develop financial models and business plans for new and existing companies that are looking to secure funding, grow partnerships, and manage their long-term strategies for success. They have created business plans for more than 100 companies at every level of the market, from cultivators to dispensaries, to businesses in packaging, security and tourism. They work with nonprofit ventures, investor propositions, commercial lending and self-funded companies.
“We know how difficult it is to launch a business in the cannabis industry, because we work with businesses in this field every day,” says Mike McCulley, VP of Sales at MasterPlans. Cannabis Industry Journal spoke with McCulley to learn more about some of the challenges that marijuana businesses face.
MasterPlans Cannabis Business Plans
Cannabis Industry Journal: What are some of the biggest hurdles in launching a new grow operation?
Mike McCulley: Many of our cultivation clients say that the largest hurdle they face is in identifying the ideal location for their business. Grow operations need to factor in a wide range of concerns including cost, zoning, security, soil viability (for outdoor operations), energy costs (especially for indoor operations), and proximity to schools and similar buildings. Location can really make or break the success of any grow operation, and this is often the single largest cost incurred when launching this kind of business.
CIJ: What are some key ingredients in a successful marijuana business plan?
McCulley: It probably goes without saying that a successful business plan for a company in the marijuana field first has to execute all of the elements that every business plan needs to include: Detailed financial projections, accurate market analysis, [and] a comprehensive overview of strategies and goals. Marijuana business plans in particular need to also address the key issues and challenges that are unique to operators in this industry. How will your company be impacted by state-level regulations, and how will your operational model address those? What steps will you take to ensure the security of your product? How will you accommodate the complicated issue of accounting while federal regulations are still impacting the way marijuana companies manage their banking? These issues should be acknowledged and addressed if you hope for your plan to be compelling.
CIJ: With the growing schism between recreational and medical markets, how do you determine your target market and meet those customers’ needs?
McCulley: Determining a target market can be difficult before launching operations, but it’s not impossible. A key tool to help work through this question is up-to-date census information or demographics for the area in which your company is serving. Recreational markets provide a much broader audience to become potential clients, but medical markets can also offer lucrative opportunities if an operator can launch in an area with a high concentration of eligible patients. Accurate market data plays a key role in this process, and close analysis of that data can help operators determine their best course of action.
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