After a lengthy process through Congress, the President signed into law The Agriculture Improvement Act of 2018 (the 2018 Farm Bill) on Dec. 20, 2018. The bill replaces the Agriculture Improvement Act of 2014, which expired Sept. 30, 2018. Distributing more than $850 billion, the 2018 Farm Bill is an enormous piece of legislation that funds programs such as crop insurance, school lunches and the Supplemental Nutrition Assistance Program (SNAP), aka food stamps.
Integrated into the Farm Bill is the bipartisan-supported Hemp Farming Act of 2018. The act’s inclusion is significant: industrial hemp and its derived products now are legal on a federal level, and states may choose how to move forward in this exciting new industry.
Spearheaded by Sen. Mitch McConnell (R-KY), The Hemp Farming Act federally legalizes the production of industrial hemp (defined as Cannabis sativa L. plants containing less than three-tenths of a percent of tetrahydrocannabinol (THC)). The low concentration of THC makes hemp unsuitable for marijuana production, which remains federally illegal.
Brief Historical Overview
Prior to the 2018 Farm Bill, federal law regarding industrial hemp was a patchwork of statutes, regulations and court decisions that allowed for the importation of certain hemp products, but not for the domestic production of the crop.
The Controlled Substances Act (CSA), 21 U.S.C. § 802(16), generally defines “marihuana” as every part of the plant Cannabis sativa L.—except for mature stalks, ungerminated seeds and products made therefrom—and labels it Schedule I, a category for substances with no possible medical use. LSD, heroin and MDMA are examples of other Schedule I narcotics.
THC itself is also deemed a Schedule I substance, prompting the Drug Enforcement Administration (DEA) in 2003 to use its authority to regulate substances under the CSA to ban all parts and products of the Cannabis sativa L. plant, because THC is impossible to fully remove from those products. Consequently, litigation was filed to enjoin the DEA’s new rules, and the 9th U.S. Circuit Court of Appeals held in Hemp Industries Association v. Drug Enforcement Administration, 375 F.3d 1012 (9th Cir. 2004), that banning products with THC in non-psychoactive amounts was outside the DEA’s authority. This ruling created the pre-2018 Farm Bill system allowing importation of certain hemp products but barring farming hemp in the U.S.
Subsequently, the Agriculture Act of 2014 (2014 Farm Bill) defined industrial hemp as strains of Cannabis sativa L. plants having THC content of no more than 0.3 percent on a dry weight basis. The 2014 Farm Bill created a legal regime on the federal level that authorized individual states to establish programs for cultivating industrial hemp for research purposes. This bill allowed for the research of industrial hemp but did not authorize the legal commercialization of industrial hemp in the U.S.
2018 Farm Bill
The 2018 Farm Bill abolishes this inconsistent treatment by removing industrial hemp from the definition of “marihuana” in the CSA. In addition, THC contained in industrial hemp will be removed from the purview of the CSA, making clear that industrial hemp plants can be grown domestically as well as imported. This amendment to the CSA decriminalizes the production and use of hemp and its derived products that match the definition of industrial hemp, such as seed oil, CBD oil, fibers and paper.
Industrial hemp will not be entirely unregulated, however. The 2018 Farm Bill moves regulatory authority from the CSA and DEA to the Agricultural Marketing Act of 1946 (AMA) and the Department of Agriculture. The AMA authorizes and directs the Secretary of Agriculture to carry out programs to assist the production, transportation and marketing of crops. Now that the Hemp Farming Act of 2018 is law, hemp will be treated the same as any other legal crop by the Department of Agriculture, with a few caveats based on its previous status as a controlled substance and the potential for unscrupulous growers to cultivate strains with high THC levels.
As part of the amendment, State and Tribal governments can create their own regulatory framework for industrial hemp production. Those plans must include:
a practice to record and describe land on which hemp is grown;
a procedure for testing THC concentration;
a procedure for non-compliant product disposal; and
a procedure for enforcing regulations.
The plan may include anything that does not conflict with federal regulations.
jessicahyde | Adobe Stock
Enforcement
Enforcement requirements under the newly revised AMA are significantly reduced from the previous penalties under the CSA. The 2018 Farm Bill’s amendments to the AMA differentiate between negligent violations and violations with a higher mental state (i.e., reckless, knowing or intentional). Negligent violations comprise:
failing to fully describe production land to the regulating authority;
failing to obtain a license from the regulating authority; and
producing products containing more than 0.3-percent THC.
The AMA forbids criminal penalties for negligent violations and prescribes the sole civil penalties. The producer must comply with a plan made by the regulating authority to cure the violation, which includes a reasonable date by which the violation must be remedied. The producer must periodically report their compliance to the regulating authority. Three negligent violations in a five-year period results in a five-year suspension of a producer’s license to grow hemp.
Reckless, knowing and intentional violations of regulations, such as the cultivation of high-THC strains of the cannabis plant or concealing production from regulators, will result in criminal penalties set forth in state and federal laws.
Research
After decades of prohibition, several laws now are amended to allow for research on hemp products. The National Agricultural Research, Extension, and Teaching Policy Act of 1977, 7 U.S.C. § 3319d(c)(3)(E), and the Critical Agricultural Materials Act, 7 U.S.C. § 178c(b)(9), both include industrial hemp in their covered products.
As a provision of the 2018 Farm Bill, the Secretary of Agriculture also is required to commence an economic viability study of hemp and submit the results to Congress within 120 days of the 2018 Farm Bill’s enactment (Dec. 20, 2018).
Insurance
Hemp crops now qualify for federal crop insurance, a voluntary insurance program that guarantees partial payment for crops lost to catastrophic events. The Federal Crop Insurance Act, 7 U.S.C. § 1502 et seq., is amended to include hemp in the covered crops. In addition, the “viability and marketability” requirements for crop insurance, both for production and for research, may be waived at the discretion of the Federal Crop Insurance Corporation.
This is a win for hemp cultivators because crop insurance was non-existent for industrial hemp farmers operating under the 2014 Farm Bill. Access to federal crop insurance will provide more certainty for these cultivators in contracting for the sale of their harvests, even if such harvests are destroyed due to catastrophic events, such as wildfires.
Steve Levine leads Husch Blackwell’s Cannabis Law practice group and has worked alongside cannabis cultivators, infused-products manufacturers, distributors and retailers in Colorado since 2010.
Ben Jones is an associate in Husch Blackwell LLP’s Denver office. His practice involves working with clients starting new businesses and assisting businesses as they expand and evolve.
18 Tips for Creating a Sterile Hydroponic Environment
Features - Cultivation
CBT spoke with three hydroponic growers to learn how they keep their hydroponic systems at the peak of deep clean.
Pathogens lurking in hydroponic systems aren’t always obvious—until they adversely affect your grow. Regular and thorough sterilization of hydroponic components helps maintain an optimal growing environment. That includes cleaning those hard-to-reach crannies that are typically overlooked. Cannabis Business Times spoke with three hydroponic growers to learn how they keep their hydroponic systems at the peak of deep clean.
Ian Andrews, Director of Production Operations, Wellness Connection of Maine
As director of production operations for Wellness Connection of Maine, Andrews oversees two neighboring production facilities that total 22,000 square feet of cultivation. Both produce for the company’s four dispensaries. He models his sterilization approach after traditional agriculture, and he emphasizes prevention.
“A big part of growing successfully is forethought and ensuring that everything is well thought-out, well planned, and then well executed,” he says.
Andrews offers the following hydroponic sterilization-related tips:
1. Start with a good design. To prevent problems before they start, Andrews recommends using materials and fittings that block light and are completely sealed. “Never use clear irrigation tubing; it allows light into the line and allows for algae growth,” he says.
2. Design your system for easy cleaning. “If it’s a pain to take apart, your cultivation team will be tempted to cut corners,” Andrews says. “Run anything that you can in straight lines, without too many elbows or too many fittings. [That’s] just more you need to take apart and clean, and places where you can potentially get buildup in your lines.”
3. Try to keep your systems and manufacturers uniform. “Multiple systems and manufacturers add time and complexity, increasing the possibility of some aspect of sterilization to be missed,” he says. “It is very important to keep it uniform.”
4. Give extra attention to plant-touching components. “Things that actually come in contact with the plant or the roots or the root ball—the drippers or the spaghetti lines that go to the drippers or the pots themselves that the plants are in—those are the things that we definitely take apart and sterilize in between each crop cycle,” Andrews says. That process includes a trip through an industrial dishwasher. “We’re actually bringing those [components] up to temperatures where we’re killing off microbial growth,” he says.
5. Ensure your team understands sterilization’s importance. “Create a standard, comprehensive sterilization procedure and train your team to follow it every time,” Andrews says. “Make sure they all understand the ‘why’ behind each aspect of your procedure.”
6. Never take shortcuts in the sterilization process. “All too often, growers are so focused on harvesting and then refilling the room ASAP with the next crop to avoid any unnecessary downtime, and thus the sterilization of key equipment is overlooked,” Andrews says. “It’s essential that this step is included in the turnover of the room, otherwise the time saved will pale in comparison to the weeks of growing lost.”
A grow room at Wellness Connection of Maine. The company operates two facilities that equate to 22,000 square feet of production space.
Photo provided by Wellness Connection
Jesse Miller, Cultivation Manager, Giving Tree Dispensary – Arizona
As cultivation manager for Arizona-based Giving Tree Dispensary, Miller’s background in plant pathology influences his approach to hydroponic sterilization and the cultivation operation’s 5,000 square feet of canopy. Miller emphasizes preventing circumstances that can lead to pathogen problems.
Nutrient reservoirs are constant priorities. “Keeping that reservoir clean is extremely important because that’s the source to all of your plants,” Miller says. “During harvest week, there are no plants in the rooms for a few days and we do a deep clean to start everything fresh.”
Miller offers these sterilization-related tips:
7. Keep your nutrient solution moving. “If it becomes stagnant, you can have algae and bacteria and fungi sitting in there, growing,” Miller warns. “Having it circulated with a circulator pump and having it aerated—adding air stones and a bubbler—is very important.”
8.Use a chiller system to control nutrient temperature. “Hook a [chiller system] up to your circulator pump so that you’re maintaining a perfect temperature for the solution. If it’s too warm, you can have certain organisms growing that you don’t want,” Miller says.
carballo | Adobe Stock
9. Avoid using oils in irrigation lines. Miller says oils can lead to blockage and harmful growth in irrigation lines. “Sometimes people will irrigate with oil in order to get rid of root aphids or something like that,” he explains. “I would recommend never to run anything like that through an irrigation system, because it’s very hard to get out.”
10. Breakdown fertilizer buildup with an acid flush. Flushing lines with a pH-down, phosphoric acid solution (near 3 pH) to break down salts is part of Miller’s post-harvest deep clean, but he cautions not to use a solution with a lower pH than that. He once tried a solution below 2 pH, and let it soak in lines overnight. “When I came in the next day, it had corroded all of my plastic manifolds, so when I turned the irrigation on, it basically exploded,” he says. “That would be something not to do.”
11. Don’t recycle irrigation water to other growing zones. “If you’re recirculating water and using it on different zones of your growing operation, you could be recycling and transferring diseases to other zones of the facility,” Miller says. He keeps every room on its own irrigation system.
12. Treat recirculating water with a UV sterilizer. “When you’re recirculating your reservoir, you can have that water constantly transferring through a membrane with UV light. The light is breaking down the cells of all types of organisms that could infect your plants. That is really effective with killing fungi and bacteria,” Miller says; however, he notes, “one challenge is that it can also break down elements in your fertilizer recipe—iron specifically.” Micro-dosing supplemental nutrients to offset deficiencies may be necessary.
13. Don’t forget your tank. “Every once in a while, someone needs to get inside the tank and do a deep clean. Even if you have aeration, there’s a good chance you’re still going to have some sort of residue buildup on the walls of the tank,” Miller says. “We use a couple of different things: hydrogen peroxide and then a product called Physan 20, which is an algaecide, fungicide, bactericide and viricide.”
14. After cleansing, do a thorough flush and water check. Miller recommends a thorough flush with clean water after using any cleansing product in your system. “Make sure you collect that water and that you’re checking the quality of the water coming out of the lines before you start to irrigate the plants,” he says.
Mike Meyer, Head of Cultivation, Lucy Sky Cannabis Boutique – Colorado
As head of cultivation at Colorado-based Lucy Sky Cannabis Boutique, Meyer oversees 50,000 square feet of cultivation, which supplies Lucy Sky’s four dispensaries and wholesale customers across the state. With approximately 10,000 plants on hand at any one time, Meyer stresses that strict sterilization procedures are essential to success.
“Just because it’s not visible to us doesn’t mean that we don’t have different types of microbes and different types of pathogens and molds and mildews. So we have a list of things that we do every time—after we harvest the room, then the post-harvest room cleanup, and then going forward into the growing cycle itself, all the way through,” he explains.
The following steps top Meyer’s checklist:
15. Sterilize irrigation lines. Meyer recommends two products for sterilizing irrigation lines between crops. “The one that I use is ZeroTol 2.0. It’s a BioSafe product that is hydrogen dioxide and peracetic acid,” he says. “The one that would be used more commonly and that is also safe is hydrogen peroxide (H2O2), preferably a commercial use that has a higher concentration than what you would normally buy in the grocery store.”
16. Perform a weekly root flush. Meyer recommends a weekly root zone flush. “In terms of sterilization, it’s imperative that you clean up your lines so that you don’t have any types of buildup of algae, biofilms or waterborne pathogens,” he says. By adding ZeroTol to the mix, “you’re able to kill any potential pathogens that may be present,” he adds.
17. Always put safety first. Meyer emphasizes employee safety and utilizing proper safety equipment as sterilization priorities: “Ultimately, it’s healthy people, healthy plants. We don’t want anybody to get hurt.” Standard operating procedures for sterilization include step-by-step protocols for every procedure, including protective equipment. “It’s important that we have proper eye protection, proper respiratory care and proper coverage for your skin, arms, hands,” he says.
18. Don’t become complacent. “It’s easy to become complacent [with sterilization] and think, ‘I’m not seeing any detrimental effects. I can probably skip this that one time.’ That’s where problems start happening. And once you have a problem, it takes twice as much effort to get rid of it,” Meyer says. “Sterilization is imperative. ... It’s really important that you have a tight protocol and that you have a strict regimen.”
Jolene Hansen is a frequent contributor to GIE Media Horticulture Group publications.
Aurora Cannabis: An Inside View of How the Canadian LP Grew to Hold Operations in 22 Countries
Features - Cover Story
An inside view of how the Canadian LP went from startup to grown-up with operations in 22 countries and a new listing on the New York Stock Exchange.
The tail end of 2018 wasn’t great for Canadian licensed cannabis producer (LP) Aurora Cannabis’s stock prices— but then, the end of the year wasn’t kind to anyone’s stock. Volatility across markets caused almost all of 2018’s earnings to vanish in a span of a few weeks, especially for companies listed on the Dow Jones and the S&P 500.
Despite the end-of-year frenzy on the public exchanges, Aurora still made 2018 its best year yet. In 2018, Aurora announced that its liquid assets exceeded CA$500 million (US$374 million); that it invested large stakes in CanniMed and The Green Organic Dutchman, two other publicly traded Canadian LPs; that it won the public bid to supply Italy with medical cannabis (through the country’s Department of Defense); and that it received its official cultivation license for its more than 800,000-square-foot hybrid indoor facility (named Aurora Sky) located near Edmonton International Airport—and these were only the January headlines.
Aurora’s goal is simple: Become a global leader in cannabis and cannabinoid production. To achieve that goal, the company is building itself on four pillars:
Travelers landing at Edmonton International Airport get a clear view of Aurora Sky.
The use of high-level automation in cannabis cultivation to streamline processes, reduce costs and maximize return-on-investment (ROI);
Access capital via public markets and deploy shareholder capital intelligently and rapidly to create a fully integrated cannabis company;
Capture a significant portion of Canada’s consumer market to establish Aurora as a respected consumer brand; and
Rapidly establish a global footprint in the American cannabis market to assume a leading global position.
Big Bet on Tech
Aurora Sky is the crown jewel of Aurora Cannabis’ North American portfolio and in a class of its own as a CA$150 million (US$112 million) hybrid indoor cannabis cultivation facility. From ground level, it looks like any other large commercial property or hangar near an airport. Travelers landing at or departing from Edmonton International Airport will get a better sense of what makes this facility unique in cannabis—the building’s glass roof.
This design, created in collaboration with Larssen Limited (which Aurora purchased in November 2017 and re-branded to Aurora Larssen Projects (ALPS)), allows Aurora to harness the sun’s power while maintaining the same number of high-pressure sodium (HPS) lights and using the same sophisticated environmental control system (ECS) as an indoor facility.
Fresh trimmed Aurora flower.
Cam Battley, the company’s chief corporate officer (CCO), says, “The objective of creating this … concept in cannabis cultivation is to ensure that we have an absolutely optimal environment for plant health and high yield.”
At scale, the Sky facility will produce more than 100,000 kilograms (220,000 lbs.) of cannabis per year. (Currently, Aurora Sky is operating at about 25-percent capacity with one mother room and four flower rooms licensed for sale by Health Canada.) According to the company’s most recent pro forma, it cost Aurora CA$1.45 (US$1.08) to produce every dried gram of cannabis it sold in Canada during its first fiscal quarter of 2019. Battley says that figure likely will drop to less than CA$1 (US$0.75) once the facility is fully operational. (The mean cost per gram across the cannabis industry was US$1.29 in 2017, according to Cannabis Business Times’ 2017 “State of the Cannabis Lighting Market” report.)
What helps keep those costs down is the Sky facility’s “unprecedented” level of automation and technology in the cannabis industry, Battley says. That automation and technology also allows Samantha Olivier, Aurora Sky’s lead cultivator, to oversee the facility’s current stock of 200,000 plants (with more on the way as the company waits to receive more sales licenses from Health Canada) with a team of just six employees.
Aurora cultivates using the hydroponic Nutrient Film Technique (NFT).
One such piece of technology is a robotic crane that sits above the canopy in the rooms. The crane can reach across a 34,000-square-foot space—the size of each of Aurora Sky’s mother and flower rooms—and move plant tables to the front of the room, where one of the six crop scouts can do their work.
“It would be very hard, for example, for a crop scout to reach [all] 30,000 plants per room. I'd have to have a massive team for that,” Olivier says. With the robotic arm, “Once you identify something, you just bring the table to the front and then you can walk around and check individual plants. Instead of having to look one by one down the rows, you’ll go straight to that table that has a problem to be fixed.”
Connected to the crane are infrared and ultraviolet cameras that periodically photograph every table. Those photos run through a specialized software that compares them to pictures of healthy crops and crops infected with various pests and diseases. “The cameras and our software are far more sensitive than the human eye and [are] able to cover the entire canopy, not just the plants that are closest to walkways,” Battley says.
Plant anomalies are flagged for review, and a crop scout will conduct a manual inspection if necessary. To conduct that manual inspection, a scout simply types the table number into the crane control system and the table is brought to him. This system eliminates the need to leave ample work space throughout the canopy, allowing Aurora to fit 30,000 plants in a 34,000-square-foot room.
For Olivier, the biggest challenge with managing the increasingly large canopy is getting her team to stomach losing a plant. “For example, if we have a plant that is drier than the other ones, we have to remove that plant, and people feel so heartbroken. I say, ‘Look, it's one in 30,000!’” Olivier says with a chuckle. “I'm trying to create this culture that the company is a large-scale production environment, and the [team members] are so attached to this plant.” She notes, however, that a dedicated workforce is a good problem to have.
Olivier’s task to create that culture is not going to get easier. Once fully licensed and operational, Battley estimates the size of Aurora Sky’s entire production team—including harvesting, post-harvest processing and other ancillary groups—at 400 members. That might seem like a lot for one facility, but, as the CCO is quick to point out, “that is only three times more than our Mountain facility [a 55,000-square-foot facility near Calgary], which has 125 people, but the production is 20 times that of Aurora Mountain.”
Those 400 team members will be responsible for overseeing and processing approximately 100 harvests per year, according to company estimates, as each of the 24 rooms will be harvested up to six times per year. Following a standard 60-day flowering cycle, that means a flower room must be harvested roughly every 3.5 days.
“We believe that we've invented the first 21st-century cannabis production concept,” Battley says.
Turbulence in the Market
Aurora Cannabis needs that production capacity to catch up with the demand created by Canada’s newly legalized adult-use market that launched Oct. 17, 2018. Much ink was spent detailing Canadian consumers’ complaints about supply shortages, poor-quality cannabis and incomplete or incorrect deliveries. Those complaints were no surprise to Battley.
“For months in advance of consumer legalization, I've been speaking coast to coast, reminding people that we should not expect perfection on day one,” Battley says. He expected the larger LPs to take the brunt of the responsibility for any rollout issues—they have been, after all, among some of the most publicized companies in Canadian media for the past year—but he adds that the early issues are no one’s fault. Rather, they are simply part of the process.
“What we're doing is something quite remarkable in that we [are] establishing a brand-new, nationwide, very complex … retail system with 13 different jurisdictions and different rules. It's to be anticipated that there will be some bumps in the road,” he says.
Demand during the launch of the adult-use market was “definitely higher” than anticipated, Battley says. State-run websites were out of stock and crashing within hours of opening sales, and provinces with brick-and-mortar operations, such as Alberta and Quebec, saw eager customers wrapped around stores, with some visitors waiting upwards of four hours to make a legal cannabis purchase. Battley believes that is a hopeful sign as “it's indicative that people do, in fact, have a willingness to migrate from the black and gray markets to the legal and regulated one at the existing price points, including taxes.”
Through its various brands and distribution partnerships with other LPs, Aurora launched approximately 250 SKUs into the adult-use market. Early sales reports have the company excited, as well. Internal reports showed that Aurora’s sales accounted for roughly 30 percent of total sales on the Ontario Cannabis Store’s website during the first days of legalized sales. Meanwhile, in British Columbia, products made by Aurora or its subsidiary MedReleaf were the province’s top-four sellers. In order:
Tangerine Dream-San Rafael ’71/MedReleaf
Blue Dream-Aurora Cannabis
Great White Shark-San Rafael ’71/MedReleaf
Pink Kush-San Rafael ’71/MedReleaf
Amid Canada’s new adult-use market craze, however, Aurora remains determined to prioritize its medical patients, some of whom have been with Aurora since the LP’s 2013 launch.
“Registered patients are a commitment, and you have to maintain that variety of product on your medical … menu to ensure that patients have access to the different products that they need,” Battley says. As such, Aurora did not create product reserves ahead of legalization, instead only making available the product that each province’s distributor ordered. Now that it has completed its first shipments, Aurora is evaluating what new orders it can fill while keeping the priority on its registered medical patients.
When the market will stabilize, though, is anyone’s guess, Battley says, pointing to the facts that nearly every LP is expanding and new licenses are being granted make such predictions difficult to make. “But a reasonable estimate,” he adds, “is that this will take a number of months to reach equilibrium.”
Drying racks at the Aurora Sky facility in Edmonton, Alberta. At capacity, Aurora Sky will be able to produce more than 100,000 kilograms of cannabis flower per year.
Of the People, For the People
To fund its expansion projects and acquisition deals, Aurora went public.
It became one of the first cannabis companies listed on a stock exchange after completing a reverse takeover to join the Canadian Securities Exchange (CSE), a junior exchange in Canada, in 2014. Afterward, the LP quickly fortified its stock-exchange presence: In 2016, Aurora joined the Toronto Venture Exchange; in 2017, the Toronto Stock Exchange (TSX), and on Oct. 23, 2018, under the ticker “ACB,” the company started trading on the New York Stock Exchange (NYSE). (Aurora, like Canopy Growth, can be listed on the NYSE because it is not a U.S.-based firm and, as such, is not violating U.S. law by cultivating cannabis.)
A top benefit of going public, according to Battley, is mandatory disclosure requirements. “It forces any company to operate in a far more disciplined and transparent fashion,” he says.
Samantha Olivier usually starts her days by inspecting crops before attending meetings.
Aurora’s quarterly financial filings include information that most cultivators are loath to share. Information such as revenue, expenses and debts are required by exchanges. But others, such as kilograms produced, kilograms sold and “cash cost to produce per gram of cannabis,” are metrics that Aurora submits to investors voluntarily to provide them a better understanding of the company’s inner workings.
“We believe that's a good thing because this is a very new, young industry,” Battley says. “One of the critical challenges for the company and the hope to lead on a global basis is to evolve very rapidly from startup to grown-up. That means being measured on a consistent basis, being able to compare to peers, and establishing ourselves as rapidly as possible on the same basis as mature industries.”
Comparing Aurora’s growth since it began public trading to other mature industries is not fair because Aurora is a startup in a fast-growing market, but that comparison does reveal how the company, and the cannabis industry, has evolved in just two years. When it was first listed on the CSE, Aurora’s market cap was US$52.4 million (at today’s currency exchange rate). At press time, Aurora’s NYSE market cap was around US$6 billion, a more than 11,350-percent increase.
Cam Battley, Aurora’s chief corporate officer, in an Aurora Sky meeting room
The company put some of those funds toward advancing cannabis-science research. Currently, Aurora has 40 clinical studies completed or underway, Battley says, in addition to seven pre-clinical studies. The cannabis producer’s research partners include McGill University, University of Saskatchewan, University of Toronto, the Ontario Brain Institute and Mount Sinai Hospital. With these partners, and others, Aurora conducts studies on the potential benefits of cannabis for cancer pain management, osteoarthritis and epilepsy, among other conditions, as well as attempts to identify genetic markers to gauge an individual’s receptivity to cannabis medications to better dose products.
That research is important to serve Aurora’s more than 67,000 registered patients. But Aurora also has nearly four times as many shareholders (approximately 250,000) as patients. Battley says managing shareholders’ hunger for a return on investment and patients’ needs for safe and consistent medicine is part of the balancing act that comes with being listed on an exchange. Some might view those needs as competing, but not Battley. “Our shareholders need us to create a valuable company and to secure a position as a global leader in this space,” he says. “A way to do that is by being very, very good at your business.”
Think (and Act) Globally
Those public funds have also allowed Aurora’s executives to think beyond Canada’s borders, Battley says. “The access to capital has allowed us at Aurora to create what we believe is the most integrated cannabis company globally, with divisions that cover everything from facility design and engineering to the cultivation of both cannabis and hemp, to derivative products to distribution networks in Canada and internationally.”
Stated simply, Aurora’s global plans go beyond being first to market as new countries develop their medical or adult-use cannabis programs. The company is looking to establish cultivation and production businesses in multiple markets and tailor those businesses’ practices to those environments.
For example, Aurora’s acquisition of Uruguay-based cannabis cultivation and processing company ICC Labs grants the Canadian LP access to the Latin American market and allows the company to produce—at lower costs—higher-margin cannabis derivatives (such as isolates or distillates) that can then be sold anywhere in the world that allows imported cannabis products. Meanwhile, the Aurora Sky facility model, with its use of automation and robotics, can be replicated in more developed countries and still manage to produce cannabis at less than CA$1 per gram.
The propagation room is one of the most important in any facility, but especially at Aurora Sky as the company wants to hold a harvest every three-and-a-half days.
To be competitive on cost on a global scale, Battley says there are two choices: “Either produce in countries with a lower-cost labor or produce in developed countries with the use of a great deal of high technology. We're doing both.”
Beyond cost, Battley says Aurora has gone to great lengths to ensure quality on a global scale. The company owns two of the six Canadian facilities that are EU-GMP certified (the same certification required to run a pharmaceutical laboratory in Europe): Aurora Mountain and MedReleaf-Markham. EU-GMP certification also allows Aurora to export into the German market.
“We believe that in order to sell product into the European market going forward, companies will have to be able to meet that standard,” Battley says. “That regulation will serve as, effectively, a barrier to entry against the companies that cannot meet that level of certification.”
Aurora-produced flower on a drying rack.
Aurora is on its way to global dominance, neck-in-neck with its main competitors, Canopy Growth Corp and Tilray. To date, Aurora has either cultivation facilities or production labs in Australia, Brazil, Canada, Cayman Islands, Colombia, Denmark, Germany, Italy, Malta, Mexico, Poland, South Africa and Uruguay. It also possesses additional sales agreements with nine other countries, meaning Aurora (or one of its subsidiaries) has a presence in 22 countries at press time.
But one market remains the company’s white whale: America.
“We are engaged in every permissible way right now,” Battley says. While Aurora can’t open a cultivation facility on U.S. soil without losing its exchange listing or suffering some other fatal consequence, it has entered into licensing agreements and invested in various areas of the cannabis industry through its spin-off investment firm, Australis Capital.
Utilizing sunlight and artificial light guarantees Aurora’s crops receive the right amount of light throughout the year.
Many of those deals improve Aurora in both the short- and long-term. For example, Aurora’s licensing deal with California pre-roll maker Wagner Dimas allows Aurora to bring the U.S. company’s pre-roll technology into its Canadian facilities. Concurrently, Australis invested in a 15-percent stake of Wagner Dimas.
The Wagner Dimas deal is exemplary of Aurora’s calculated approach to international expansion: It grants the LP early access to the American market by allowing the company to establish itself in the production line. It also serves to increase profits, as pre-rolls are “higher value-added, higher margin products than dried flower,” Battley says.
Even Aurora’s plan for how to re-consolidate with Australis Capital is laid out. Aurora has a 10-year option to purchase 40 percent of Australis—the first 20 percent at IPO-share price and the other 20 percent at current market rate.
Cam Battley inspecting a plant in one of Aurora Sky’s 34,000-square-foot flower rooms.
“So we have put a great deal of thought into the U.S. market,” Battley says.
That said, no other country has a cannabis industry like America’s (mostly because America has developed 33 different programs), which makes predicting the impact of federal legalization on market trends difficult, according to Battley.
“The U.S. will be very distinct from others in the world,” he says. “It will be a very competitive market, and like in any competitive market, we will see a variety of business strategies executed upon, and we'll see which ones are most successful in the long-term.”
As it plays the long game with America, Aurora’s global expansion will continue. As Battley says, “The vision remains to establish ourselves as a global leader operating in every market … where cannabis is legal on whatever basis, whether CBD only, whether the full range of medical cannabis product and, ultimately, [in] additional markets that choose to evolve their own legal consumer system. We have a unique opportunity to do that.”
Brian MacIver is senior editor for Cannabis Business Times and Cannabis Dispensary magazines.
Step Up Your Cannabis Business SOPs: 12 Tips
Columns - 2018 Tips Issue | Hort How-To
Standard operating procedures (SOPs) can transform your business if they are used daily as part of the management structure.
Standard operating procedures (SOPs) can transform your business if they are used daily as part of the management structure.
SOPs—documents that outline exactly how to conduct every process in your operation—highlight the things that make the difference between profit and loss, compliance or court case. Operations are systematically analyzed during SOP development to devise control methods for key growth variables. Analyzing operations gives growers a new appreciation for the importance of accurately written and maintained procedures.
When put to practice, SOPs are exposed to the challenges of growing plants, and they must evolve to meet those challenges. Be sure to test and approve all SOP changes before introducing them into production to avoid massive failures due to unforeseen circumstances.
Here are a 12 tips we follow when creating SOPs for clients. You may find them helpful, too.
1. Use Them
When people know they are working with rules and a script, they come to understand that there is no room for improvisation. Production demands seamless operation. That can’t happen if cultivation actions are performed differently each time.
2. Don’t Over-Explain
SOPs are about how things are done, not why they are done. Resist the temptation to add explanatory text to them; put that information in your training package, along with your SOPs. The goal of new hire training is to make employees productive as quickly as possible. That is achieved by teaching them how to do their daily jobs to the letter.
3. Focus on Variable Control
SOPs are intended to ensure things are done the same way every time to limit variation that can make financial outcomes less reliable. Nutrients and water, for example, are variables that heavily influence a plant’s growth habits, and the ability to constrain those variables within an optimal range is a process the SOP is intended to describe.
4. Always Include Performance Metrics
No process can be managed if there isn’t some measure of its success, cost effectiveness or other yardstick. The number of cuttings that make it to transplant, the pounds of bud and trim, labor hours, material cost and more all establish management points to track the operation’s performance and staff’s efficiency in executing the SOPs.
5. Someone is Always Responsible
Everyone’s performance rating must be dependent on how well a process is executed. When the process is rolling along, the responsible party is riding high, but they are also responsible when things go wrong. They have to fix the problem and then fix the process to prevent future occurrences.
We start clients with an organizational, skill, roles and responsibilities SOP. When you identify a clear set of requirements, responsibilities and performance metrics, it’s difficult for staff to argue that they didn’t know the chain of command or who was responsible for what. When everyone knows who does what task, operations go smoothly.
Andrew Felperin, co-owner/CEO, Apollo Grown
Photo by Jake Gravbrot
6. Recruit Experts to Design Your SOPs
Formal structure and content can’t mask bad processes or information. You don’t go to doctors, lawyers or tax accountants who don’t have some level of college training, and trusting your $12M a year operation to an untrained grower is like trusting a back alley practitioner.
Regardless of whether a grower’s education comes from academic training, experience or both, our gold standard of expertise is someone’s ability to predict outcomes from changes made to the system. A Ph.D. doesn’t mean anything if the advice offered isn’t borne from results. Our advice is to find a grower with a horticulture degree who follows proven practices. The fastest way to get ahead in a technical cultivation operation is with people trained in the technology.
7. Spend the Time
Even with skilled staff, the only way to craft valid, operational SOPs is to spend time understanding what makes a process successful, understanding how to control the variables of the process to get the desired responses, and then documenting the actions so that anyone can follow the instructions and complete the process successfully. Building a bulletproof operation takes time. You must be willing to spend it to achieve better results.
8. Reduce SOPs to Practice
SOPs describe the actions that control key variables in a process. They also describe the data that is taken from the process to assess its operation level. When required, SOPs describe how to react to various situations that arise.
Aids and tools help reduce SOPs to simple steps. For example, an Excel spreadsheet could list all pesticides to be used at the operation and include columns for each day of the week. The staff should document within the Excel sheet which pesticides were used and when, for each and every grow room. Many times, the first thing pesticides inspectors ask for are pesticide application logs.
9. Protect Your Business
A change-management process is central to protecting your operation. We all expect processes to change, but that change needs to be carefully managed to make sure it will do what it is supposed to before it is committed to production. Financial models may be required to justify the change, and the right people need to be included in the decision to make the change. Make changes when necessary, but test them first. Be ready to react if things don’t go well when the changes are implemented in production.
10. To Be Determined (TBD)
TBD is often used to note that certain aspects of the process have yet to be considered and decided upon. There is nothing wrong with early SOP drafts having TBD notations, but an SOP isn’t operational until every TBD has been replaced with a definitive set of steps, materials, tools, approaches, metrics and responsibilities that are required to successfully perform the procedure.
11. Keep Them Short
Twelve thousand pages of SOPs will ensure no one ever looks at them, let alone follow or update them. Complex processes can require complex and lengthy SOPs, but always look for ways to keep the procedures as concise as possible.
Photos and videos do a great job of conveying procedures. A page-long SOP on cut-and-stick propagation replaced by a 2-minute video of the process can render hands-on training less important. Visual aids can also largely eliminate language translation headaches.
If there is one point that can’t be reinforced enough, it’s that SOPs have a limited set of items they need to cover. When those items are covered, the SOP is done. Don’t embellish or pad.
12. Compliance is Key
Asking staff to memorize regulations doesn’t work. Therefore, bake the necessary compliance actions into every SOP. From propagation through shipping, cannabis inventory needs to be monitored to ensure it does not get diverted. While a compliance SOP may be helpful, we prefer to infuse the SOP with compliance from the ground up. So when the harvest SOP is being executed, material tracking steps are included in the SOP so that they are never forgotten or performed incorrectly.
Kerrie & Kurt Badertscher are co-owners of Otoké Horticulture, LLC and authors of “Cannabis for Capitalists.” info@otokehort.com
25 Tips for Launching Cannabis Cultivation Start-Ups in New Countries
Cannabis’s future is clearly global. It seems every few months a different country proposes new regulations to allow medical or recreational use in some form. Investors and operators with successful businesses in the U.S. and Canada are understandably interested in continuing this activity abroad, and many are aggressively investigating and pursuing those opportunities.
Having personally grown cannabis and consulted in three different countries (Canada, U.S. and Colombia), I can affirm that moving into an international market is not always seamless. Cultural, environmental and governmental challenges may outweigh the benefits of expanding internationally. Consider the following questions and tips as you decide whether launching a cannabis operation on foreign soil is the right move for your business.
Will this opportunity present an elevated safety risk to you or your employees?
1. Determine the political stability of the region where you are considering doing business. As cannabis legalization spreads to Asia, Africa, Central America and South America, concerns surrounding gangs, drug cartels and civil war become more prevalent. No cannabis opportunity is worth being kidnapped.
2. Consider elevated risks of establishing cultivation sites in countries or regions where natural disasters are common. Earthquakes, hurricanes and severe flooding are common to many regions that are otherwise ideal for cultivating cannabis. Caribbean islands are subject to annual hurricane threats and flooding, while earthquakes are common to Colombia.
3. Verify if the country in question presents an increased risk of human disease. Yellow fever occurs in parts of Africa and South America, and malaria is found in more than 100 countries. Stay up to date on vaccinations and take any preventative medication your doctor recommends.
4. Familiarize yourself with native wildlife that could pose a threat to your cultivation team. Venomous snakes, spiders and scorpions can be real concerns for outdoor cultivators. On two different occasions, I have seen caiman (small crocodilians) in bodies of water bordering Colombian grow sites. While not a major threat to humans, startling a caiman could mean bad news for your ankle.
5. Learn a second language. If you don’t speak the local language, and locals don’t speak English, prepare to have a translator with you at all times. Local translators' pricing will vary depending on the local economy, but they are preferable to bringing one with you as they will better understand the local slang. Clear communication can prevent dangerous situations. Before heading out to explore on your day off, it’s a good idea to ask locals about the safety of the area that you will be visiting to avoid any crime hot spots.
Does pursuing this opportunity make business sense?
6. Identify whether the country in question will allow for medical and/or recreational sales. Obviously, both is best.
7. Seek countries whose regulations allow for export as well as domestic sales. Canada, Lesotho and Colombia currently allow for export. But a small island with an inexpensive labor force may not be a great business opportunity if export is prohibited and the local population is small.
8. Dig into regulations that restrict cultivation. If laws will limit cultivation area or plant count, building a profitable business may be a challenge. Based on my experience in the domestic Canadian market and export-focused Colombian market, domestic producers need at least 20,000 square feet to compete locally, and international producers should aim for a minimum of 100,000 square feet.
9. Be clear if regulations allow for both high-CBD and high-THC cultivation. Although CBD is found in everything from medicine to cosmetics, there is tremendous supply competition on a global scale. Legal THC production is much less common and, therefore, much more profitable.
10. Understand what form of cannabis you can export. For example, South Africa is permitted to ship dry flower, while Colombia may only export oil.
How much will this start-up cost? How soon will you earn your money back?
11. Anticipate substantial pre-cultivation costs. Licensing, lobbying, translators, legal fees, accountants and consultants will consume a lot of money before even one seed is planted. Set aside at least $200,000 USD for these initial expenses.
12. Budget about $2M USD for buying land, building greenhouses, acquiring genetics and hiring. That number will fluctuate greatly based on the size and scope (e.g., outdoor vs. greenhouse) of the operation. Big operations should plan to raise much more.
13. Get a handle on the hidden costs of doing business. Operating expenses such as electricity and fuel can be surprisingly expensive in many countries. Commercial cannabis growers in Puerto Rico pay double the electrical costs of any U.S. state, while fuel prices in most European countries are twice that of the U.S. or Canada. Cannabis taxes and exporting fees could be prohibitively expensive.
14. Research international market demand. If exporting, what will be the “going rate” for wholesale product? Will you be globalizing your own brand or providing white-label products to larger companies?
15. Research local market demand. How much are consumers willing to pay on the domestic market? For a starting point, look to local pricing of illicit cannabis.
Where should you put down roots?
16. Allow differences in elevation, temperature, weather and solar radiation to dictate the appropriate growing structure. A commercial cannabis operation in Canada won’t look anything like a commercial cannabis operation in Laos—and it shouldn’t.
17. Guarantee a reliable water source for your cultivation facility. Well water is preferable to river water, but anticipate utilizing some form of water treatment, such as reverse osmosis equipment, regardless of the source.
18. Ensure that your cultivation site is accessible. If you plan to build a greenhouse in a rural location, make sure roads leading to your site can support heavy vehicles such as 18-wheelers and that heavy rains won’t render roads impassable.
19. Locate your operation away from chemically intensive crops. Each country has its own pesticide regulations and standards. Herbicide and pesticide drift from neighboring farms can severely damage cannabis or render it unsaleable.
20. Take advantage of the sun. While indoor grows may be appropriate for cold climates or urban areas, outdoor grows in sunny or tropical regions can eliminate the need for greenhouses altogether.
Where should your money be spent?
21. Staff your cultivation team with the local workforce. Low labor costs are one of the driving reasons to cultivate in another country.
22. Contract greenhouse builders who are experienced with large international projects. A company from Colorado that specializes in hoop houses may not have the breadth or know-how to build a tropical greenhouse in Thailand.
23. Identify a local general contractor (GC) to manage all construction. You’ll go crazy trying to learn building codes and local idiosyncrasies surrounding construction. A reliable GC will help you avoid getting ripped off.
24. Be creative when sourcing high-volume inputs, such as grow substrates. Shipping soil halfway across the globe can be costly. Consider local materials that can be blended to create appropriate grow substrates, such as coco fiber or rice hulls. Most of the world’s coconut and rice production occurs in South American and Asian countries, so commercial growers in these regions can save money by utilizing by-products of these industries.
25. Use growers and consultants experienced with high-profile cannabis start-ups. Many countries have been cultivating cannabis for decades, but not within a legal, regulated framework. Recruit head growers from the U.S., Canada or Europe to assure Good Manufacturing Practices (GMP) and to prevent non-compliance issues in the future.
Ryan Douglas is the owner of Ryan Douglas Cultivation, LLC. He has worked in commercial horticulture for 20 years and specializes in legal cannabis start-ups.
Legislative Map
Cannabis Business Times’ interactive legislative map is another tool to help cultivators quickly navigate state cannabis laws and find news relevant to their markets. View More