TEL AVIV, Israel, June 14, 2021 – PRESS RELEASE –Leafreport.com,
a peer-reviewed watchdog website for the cannabidiol (CBD) industry, announced the
results from a comprehensive review of hemp-derived delta-8 tetrahydrocannabinol
(THC) products with the purpose of seeing if these products are safe, legal and
contain the advertised amount of delta-8. Among the research findings, it was
found that more than half of the products tested had illegal levels of delta-9
THC. In addition, out of 38 tested products, only 12 (32%) had the advertised
amount of delta-8. The rest were off by 10.7% to 102.7% from the label.
Leafreport utilized a third-party testing facility
for the report. Among the findings, the company found that 20 (53%) of the
products were over the hemp legal limit for delta-9 (0.3% THC), containing as
much as 15.2% THC. In addition, 13 (34%) of the products did not clearly list
the delta-8 content on the label or online product description. Most of the products
(68%) had less delta-8 than advertised.
“Hemp-derived delta-8 THC has exploded in popularity
in 2021. It has been touted as a ‘legal high,’ but delta-8 products have also
raised concerns over their legality, safety and accuracy. This is why we felt
it was important to test these products,” said Lital Shafir, the head of
product at Leafreport. “Leafreport’s mission is to help promote transparency
across the CBD industry and educate consumers so they can access products that
are safe and offer the contents being advertised. Reports like this shed light
on delta-8 products, educate consumers and hopefully encourage companies to be
more diligent about their testing standards.”
The report also showed that delta-8 pre-rolls and
gummies were more likely to have inaccurate delta-8 levels than tinctures and
vape products.
Leafreport utilized the Las Vegas-based cannabis
testing lab Canalysis for
third-party testing. The lab technicians tested them for potency and heavy
metals, and recorded the results in documents called certificates
of analysis (COAs).
This report is one of many
completed by Leafreport aimed at informing consumers about
various aspects of the CBD industry. The company has previously sent CBD
products to the cannabis testing lab Canalysis to see if they contained the
advertised levels of CBD, among other tests. These reports include recent
deep-dives into topicals, edibles, beverages
and more.
Visit Leafreport.com for additional reports and
product information for consumers related to delta-8 and other topics.
10 Tips for a Winning Cannabis Dispensary License
Five licensing consultants, attorneys and operators who have secured licenses in competitive cannabis markets share tips on how to create a winning dispensary license application.
Winning a coveted dispensary license is your golden ticket into the competitive cannabis market. The license application process is more demanding than ever, and it can be tricky to navigate all the nuances—especially if you’ve never done it before. But there are a few secrets to creating an application that stands out.
Cannabis Dispensary spoke with five licensing consultants, attorneys and operators who have secured licenses in competitive cannabis markets:
Jonathan Havens, co-chair of the Cannabis Law Practice at Saul Ewing Arnstein & Lehr LLP, resident in the firm’s Baltimore and Washington, D.C., offices.
Erin Alexander, associate general counsel for Cresco Labs, a Chicago-based cannabis grower, processor and retailer operating in seven states.
Sara Gullickson, CEO of Item 9 Labs Corp., a publicly traded cannabis company specializing in the development of cannabis products and proprietary delivery platforms. Gullickson also owns the Strive Life of North Dakota dispensary, and Strive Wellness of Nevada LLC, a medical cannabis cultivation and processing facility with distribution rights. Gullickson previously served as the CEO and founder of Dispensary Permits, a nationally recognized cannabis consulting firm that won multiple cannabis licenses across more than a dozen competitive state markets.
John Darwin, founder and president of ONE Cannabis Group, a vertically integrated cannabis operator and franchisor based in Denver.
Armen Yemenidjian, co-founder and CEO of Integral Associates LLC, a retail and wholesale cannabis operator that has been awarded licenses in Nevada and California. Integral Associates operates Essence Cannabis Dispensary on the Las Vegas strip, as well as Desert Grown Farms and Cannabiotix NV, its cultivation and processing facilities.
Here are their tips on how to create a winning dispensary license application.
1. Understand your state’s application quirks.
Sara Gullickson: “This industry, specifically the licensing process, is still very new. Each state has its idiosyncrasies, and the application process in Pennsylvania was much different than in Hawaii or Arizona. In some states, specifically California and Michigan, you have to get local jurisdiction support in addition to the state’s blessing. In those situations, the municipality’s application process is more rigorous than the state’s.”
2. Secure real estate with the appropriate zoning.
Erin Alexander: “The first step is looking at the regulations to figure out the setback requirements—where can you be, where can’t you be: 1,000 feet from a church, 500 feet from a school? Finding real estate is the most difficult and challenging part of the process; finding places that meet the setback requirements, but also meet your requirements to be able to operate the business. Have Plan A, Plan B and Plan C, because everything ends up being more complicated than you anticipated.”
Jonathan Havens: “Make sure you can put your dispensary where you want to put it. In some states, the siting process is part of the application process, but sometimes you’ll get a pre-award from the state and then you need to go to the town, and that’s where people get tripped up. Having zoning approval from the local [municipality] is critical.”
3. Establish security protocols.
Havens: “Remember that the product you’re dealing with is federally illegal, so security is very important. Even though these states say you can sell it in a dispensary, they want to make sure you have a very tight control over what you’re selling. If you can’t control your product and it’s getting into people’s hands who are underage or don’t have a medical card, that’s the quickest way to lose your license. States are very focused on that, so you can’t overlook having a strong plan in your application to address security.”
4. Build a strong team with experience.
John Darwin: “Assemble a great team. Licenses are getting more and more competitive, so someone with a strong pharmaceutical background [for medical dispensaries] or a good government relations background is a great addition to your team. Make sure your team has operating experience. A lot of these licenses are merit-based, so being able to reference a track record of compliance and operational excellence in another state is huge. Also do background checks on all of your team members, because there are key items that can come up and derail the whole process.”
Havens: “Having an accountant who has worked with clients in the cannabis space is critical. You don’t want to be their guinea pig while they learn the accounting and tax rules. Also have strong legal support, whether that’s an in-house attorney and/or an outside law firm with experience, because questions are going to come up that need quick answers, and you want to have them in your contact list when those questions come up.”
5. Get involved with the local community.
Alexander: “I think the best piece of advice is: Be connected to the community where you want to locate. That can be the secret sauce to winning an application. A lot of people know how to run a dispensary, but you have to spend the time attending city council meetings and engaging with local elected officials so they trust you and so they understand what you can bring to the community. Part of that is also engaging with civic and charitable organizations, finding out what the local priorities are, so you can be a good neighbor and a good steward of the community values.”
Havens: “A lot of people overlook an aspect of the application that I'm always quick to tell clients to focus on, which is community engagement and education. You can understand the opposition if you take the time to get out and have educational events that show that you’re not just trying to make money, but you really do care about the community. If you have events that are open to the community, not just people who are purchasing your product, you might win people over and you might ward off potential opposition down the road.”
Gullickson: “Research the specific town or jurisdiction and figure out: ‘Is it red or blue? What are the pain points in the community; are they environmental or are they opiate-related?’ Then pull in some community leaders who focus on those pain points, to make sure you’re hyper-focused on the community. We put together sophisticated community benefits programs that address how we’re going to give back. We build parks, we build sidewalks, we’ve funded little league teams and hosted clothing drives—whatever the area needs. When you contribute to your communities, they’re so much more welcoming.”
6. Budget more capital than you think you’ll need.
Alexander: “It can get expensive. You’re obviously going to need application fees and license fees, which can range from a $500 application fee to a $30,000 license fee that you might get refunded if you don’t win. But then you’ve got property hold fees. You’re going to be paying attorneys to review documents. You’re going to be paying planners and architects to design your site. You might be paying both a planner and a zoning attorney to help you through the zoning process. From soup to nuts, I think a fair budget for a good-quality application is probably half a million dollars—which is crazy, but that’s what it takes. There’s a lot of moving pieces to making this successful.”
Darwin: “We advise clients to have the available liquid funds to cover capital expenses over the course of a year. You want to be making money by the end of that year, but if there’s a rainy day, you want to be well-capitalized to survive.”
Armen Yemenidjian: “Understand it is a highly competitive market. Because there are so many competing applicants, it’s imperative to have a clear, concise plan with a budget and a path to victory. Applicants need to demonstrate they will be successful if awarded the license. You need to not only have the budget to pay for the application, but also show regulators you have the capital to [operate the business successfully].”
7. Get a head start before applications are released.
Gullickson: “When you’re proactive in putting a business plan together and engaging in the state’s programming before the rules and regulations are even finalized, you’re going to position yourself light-years ahead of somebody that just gets the idea to throw an application in when it’s published. My most recent successes are the clients that we’ve spent eight months or a year with, building their team and making sure they had a solid foundation on which to apply.”
Havens: “The No. 1 thing is to not wait until the last minute. The application timeline is going to be shorter than you want, so look for business partners prior to the application coming out. Attend meetings of medical cannabis commissions to understand what’s coming down the pike and when that next round of licenses is going to be dropped. Get your plans in order. The more elements you have to populate your application before they’re even dropped publicly is going to give you a leg up.”
8. Impose internal deadlines.
Havens: “Submission day always goes quicker than you think. It would be nice if everyone on the team could operate with the assumption that this is really due the day before it’s due, because there are always unforeseen circumstances.
“A lot of states require hand-delivery, so you can’t be finalizing things the day of. Have a single point person who’s the final arbiter of [deadlines, who determines,] ‘What time do we need to stop editing and head over to the state agency to make sure it gets in on time?’
“Some states have electronic submissions now, and to the extent they allow you to do a test submission, absolutely do that. If it’s due at 5:00, I wouldn’t start trying at 4:30 to upload a 700-page document. Start late morning at the latest, because there are always issues, and sometimes you can’t get the regulators on the phone to say, ‘What do I do now?’”
“From soup to nuts, I think a fair budget for a good-quality application is probably half a million dollars—which is crazy, but that’s what it takes.” –Erin Alexander, associate general counsel, Cresco Labs
9. Turn a boring application into a creative story.
Darwin: “Some companies have full teams of technical writers that have graded these types of applications before. That’s who you’re competing against, so it’s important to have a strong technical writing team.”
Alexander: “Write it in such a way that it’s easy to follow. These end up being massive legal writing projects, so taking the time to put together a very well-written piece will help you stand out. [That requires] ... good writers and good subject-matter experts. We have a couple attorneys that work on applications, and we have technical writers that have some operational expertise and can write about our operational practice [so it’s] readable to somebody who may or may not be familiar with how a dispensary operates.”
Gullickson: “You can hire a technical writer to put your application together, but if you don’t have style and grace and an overarching theme throughout your application, it’s not going to stick out. Who wants to read 100 security plans? Nobody. So how can you create a theme or a story and be really creative in your presentation?”
10. Partner with industry consultants who have done this before.
Yemenidjian: “If you’ve never operated a dispensary before, you probably could have gotten away with writing your own application five or six years ago. Now, the process has become so advanced, applicants must have an understanding of technical writing and standard operating procedures to be successful—especially because there are more criteria now, such as community engagement, corporate responsibility and social citizenship, that are being taken into consideration.”
Havens: “If you go at this alone and don’t involve consultants who know the cannabis business, it’s an uphill climb. I’m not saying it’s impossible, but one of the reasons you see a lot of national or multi-state operators is, obviously they want economies of scale and they want to broaden their footprint, but local interests need their help. It’s hard to populate an operational plan, a clinical plan and a security plan if you haven’t done it before.”
Gullickson: “I don’t urge working with an expert because I want clients; I urge working with an expert because ... you’re just not going to win if you don’t know all these idiosyncrasies, no matter how much you research on the internet. The devil’s in the details with the application, so you need that industry expertise; it’s mandatory. States don’t feel comfortable anymore giving licenses to somebody that doesn’t have the experience.”
Matthew Benoit | Adobe Stock
Judge Dismisses Charges Against Oregon County Over Destroyed Hemp
Oregonized Hemp plans amend its complaint against Josephine County officials for allegedly destroying $2.5M worth of hemp.
A federal judge in Oregon has dismissed charges in a lawsuit over destroyed hemp reportedly worth $2.5 million.
Oregonized Hemp Co. LLC (OHC) sued Josephine County last May after a 2019 incident when officials with the county, along with the Illegal Marijuana Enforcement Team and Oregon State Police, raided OHC’s warehouse. Law enforcement seized more than 10,000 pounds of hemp plant material, 13,000 gallons of hemp extract, firearms and lab equipment. The next day, they destroyed the hemp material following a judge’s order.
In the latest saga of the Oregonized lawsuit, a U.S. district judge partially granted Josephine County's motion to dismiss lawsuit claims while allowing OHC to file a second amended complaint, according to Law360.
That decision was based on an earlier recommendation from a magistrate judge, who found OHC failed to state a claim for relief against the defendants.
"There may be some state law claims that plaintiffs can pursue to remedy the loss of their industrial hemp," U.S. Magistrate Judge Mark D. Clarke had said. "However, because the warrants, judicially noticed and incorporated into the complaint, are facially valid, the constitutional claims are shaky at best."
The charges revolved around the legitimacy of law enforcement's warrant—while they were there to seize marijuana, they wound up taking what was allegedly hemp. The OHC team also claimed there was no probable cause for the warrant in the first place.
Josephine County attorneys previously told judges that a detective had determined OHC’s Williams, Ore., warehouse was not authorized for hemp or cannabis storage or processing.
“Although the signed warrant lacks a discussion of the factual basis for probable cause, Medford Detective [Chris] Dode’s application and affidavit contains sworn statements describing the factual basis for his warrant request,” according to the county. “By authorizing the warrant, Judge [Sarah] McGlaughlin concluded probable cause existed.”
Ross Day, legal counsel for OHC and its owner Justin Pitts, told Law360 that this case involves an area of the law that is still developing. He added that the company will “probably” be amending the complaint again.
Rendering courtesy of F10 Studio LLC
Planet 13’s California SuperStore to Launch With Tinley’s Beverages in July
The cannabis-infused beverage company will host around 80 of Planet 13’s budtenders at its Long Beach manufacturing facility this week.
LOS ANGELES and TORONTO, June 14, 2021 – PRESS RELEASE – The Tinley Beverage Company Inc. announced that its cannabis-infused beverages will be one of the inaugural brands to launch at Planet 13’s Orange County SuperStore “P13 OC” at its expected grand opening in July 2021.
Planet 13’s SuperStore OC, located at 3400 West Warner Ave., Santa Ana, Calif., is planned as a 55,000-square-foot consumer experience, with 16,500 square feet devoted to the dispensary retail area. The remaining areas in the complex, to be built as phases two and three, are expected to include memorabilia sales, a restaurant and a cannabis consumption lounge, all enhanced by additional immersive experiences. With all three phases operating, P13 OC is expected to be California’s largest dispensary complex. The Santa Ana store will be Planet 13’s second-largest cannabis dispensary after its 112,000-square-foot location in Las Vegas.
The Orange County location is ten minutes south of Disneyland, 4 miles from South Coast Plaza, the largest mall in Southern California, and only blocks from Interstate 405. Planet 13 anticipates hiring 250 people with 80 budtenders serving consumers at the store at any given time.
The store’s immersive cannabis educational and entertainment experiences incorporate extensive visual special effects, including “smoke,” large-screen video displays and waterfalls. Planned features include a Tinley’s branded midcentury-inspired mixology experience involving beverage recipe demonstrations and, where permissible, tastings of comparably concocted non-infused products.
Later this week, Tinley’s is hosting approximately 80 of Planet 13’s budtenders and other key personnel at the company’s cannabis beverage manufacturing facility in Long Beach, Calif., in order to provide the P13 OC dispensary team the in-depth product knowledge that Planet 13 is committed to deliver to customers. Tinley’s believes its facility is the largest and most versatile licensed cannabis beverage manufacturing operation in California. Tinley’s own award-winning products as well as those belonging to third-party brands are produced on the facility’s bottling, canning and mini lines.
Tinley’s beverages won the No. 1 and No. 2 place awards at California’s Emerald Cup, which is the world’s largest cannabis competition, in December 2019. The non-alcoholic, Moscow Mule-inspired Tinley Tonics High Horse sparkling beverage won first place, and the non-alcoholic coconut rum-inspired Tinley ’27 Coconut Cask scored second.
Each single-serve product is sold in 12-ounce bottles and is formulated to contain a 5-milligram micro-dose of THC. This provides a light effect comparable to a single adult beverage, but with a whole-plant sativa cannabis experience. Likewise, the multi-serve products contain a 5-milligram micro-dose for each 1-ounce shot. Like classic spirits and liqueurs, the Tinley ’27 multi-serve products can be consumed straight up, on the rocks, in mixed beverages or as frozen treats. All products are non-alcoholic, vegan, gluten free, and are crafted with technology designed to accelerate onset and provide a full-flower, euphoric sativa effect. All are made with premium botanicals and flavors found in national-brand spirits, along with Pineapple Jack terpenes.
“Tinley’s beverages are unique in the state, offering familiar adult beverage flavors and formats that will appeal to canna-curious consumers, as well as consumers who may be averse to smokable formats,” said David Farris, VP of sales and marketing for Planet 13. “Like our Las Vegas store, many of our customers are expected to be new to cannabis or tourists who will benefit from the education and entertaining experiences that our store offers. This lends itself perfectly to Tinley’s products, which are inspired by familiar, classic adult beverages.”
“We’re excited to develop enhanced PAD (demo) experiences, product display and communications solutions with Planet 13,” said Sven Stalley, general manager of Tinley’s California. “This is our fourth major retail account and we are working with each on merchandising initiatives to align with their unique consumer and category profiles.”
SC Labs Develops Standardized Hemp Contaminant Test
The test, which just received ISO accreditation, meets the regulatory requirements of all states that have published hemp testing rules.
SANTA CRUZ, Calif., June 14, 2021 – PRESS RELEASE –SC Laboratories, Inc. (SC Labs) today announced that the company has received ISO (International Organization for Standardization) accreditation for a comprehensive hemp/CBD testing panel that combines the regulatory requirements of all states that publish hemp testing rules. At present, there are no federally required testing regulations for hemp, and each state has its own set of requirements, making it difficult for consumers to navigate the safety of products and for companies to qualify products beyond individual state standards. SC Labs now offers a suite of tests that target state-specific requirements for multiple states and a Comprehensive Test Panel that targets a complete list of contaminants and active constituents at the lowest action limits as required by each state.
According to SC Labs CEO Jeff Gray, "As an industry, we've been advocating for national, standardized, and transparent testing regulations for years now. The government has been slow to respond, so we decided it was time to act. The test we've created meets or exceeds the requirements of most states and that will give consumers greater peace of mind. No one else can say that right now."
SC Labs is currently licensed in California, Oregon, Texas, and Colorado (pending), so cannabis operators in those states will benefit from this comprehensive panel with assurance that products meet all state requirements. Depending on compliance regulations in other states, producers may use this test for quality assurance purposes prior to testing at a state-licensed laboratory for each state as required.
"Although these expanded offerings are targeted for hemp, they are also relevant to our cannabis clients who want to go beyond compliance regulations," said Gray. "As more companies aim to expand products nationally, we saw a need for testing at a universal level, so we poured our efforts into the development of a test that would meet those needs. It's paid off because we have several national brands that are implementing the test panel as the quality assurance standard for their line of hemp-derived CBD products."
This new comprehensive testing panel covers a range of cannabinoids, pesticides, microbiological contaminants, mycotoxins, heavy metals, and residual solvents, combining each individual state's requirements. With the lack of parity between states, the test is a harmonization of regulations that also takes into account emerging contaminants. The panel can also be customized to meet test methods or quality standards from organizations like United States Pharmacopeia (USP), American Herbal Products Association (AHPA), and the American Herbal Pharmacopoeia (AHP).
The test meets the hemp testing standards of states with requirements in terms of action limits and analytes for contaminants including pesticides, heavy metals, microbiology, mycotoxins, residual solvents, and water activity. This does not apply to inhalable hemp sample types.
SC Labs offers comprehensive solutions for cannabis and hemp testing. SC Labs is headquartered in Santa Cruz, Calif.
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