DENVER, CO - PanXchange, the industry market structure solution and benchmark price provider for US hemp, and the Washington DC-based National Industrial Hemp Council of America announced that they have signed a memorandum of understanding (MOU) that will support the growth of financial incentives for carbon sequestration for the US industrial hemp market.

“NIHC is a leading and unifying voice for the industry, particularly in regulatory issues for industrial hemp,” said Julie Lerner, founder, and CEO of PanXchange. “Partnering with a strong hemp membership and advocacy organization like NIHC will help grow industrial hemp markets and related climate-smart agricultural practices across the supply chain,” she added.

The two companies said the partnership would allow hemp farmers to take advantage of PanXchange’s deep knowledge of commodity trading and the potential impact of implementing climate-smart practices specifically for hemp growing and processing.

PanXchange is rolling out a transparent carbon program that provides farmers a viable path toward financial rewards for implementing regenerative agricultural practices.  Moreover, Lerner explains that the PanXchange program gives farmers full ownership of the carbon credits earned and full agency to market the credits directly to buyers through its online trade platform.

The company already has 31,000 acres of croplands committed to the program for the 2023 crop year.

“We aim to be the most accessible, economical path towards remuneration for carbon smart agricultural practices for smaller-scale farmers who face barriers to participate in the voluntary carbon credit market,” Lerner said.

Other aspects of the MOU include:

• PanXchange’s carbon program will be the preferred vendor for NIHC’s membership of hemp producers under the new agreement.
  

• NIHC will partner with PanXchange to craft joint educational programming on carbon credits and regenerative agriculture.
  

• PanXchange will serve as the NIHC preferred vendor for research projects involving climate-smart commodity markets and climate-smart practices specifically related to hemp growing and processing.

“Carbon sequestration and the voluntary carbon market are part of hemp’s renaissance and will be an important part of North American agriculture. This partnership will be a value-add for American farmers who choose to grow hemp.  Producers and the companies using these raw goods will also benefit alongside American consumers who will ultimately fulfill the promise of hemp’s potential to power our climate-smart economy,” said Patrick Atagi, President and CEO of the National Industrial Hemp Council of America. 

FORT SMITH, Arkansas (June 14, 2022) --PRESS RELEASE-- Wana Brands is now available to medical marijuana patients in Arkansas with the launch of Wana Sour Gummies, the company’s classic vegan and gluten-free gummies enhanced with a proprietary blend of more than 30 terpenes. In partnership with River Valley Relief, Wana Brands provides a wide range of gummies in various classes, ratios and doses to help meet the needs of the state’s growing medical cannabis community. 

Both Wana Brands and River Valley Relief share a focus on providing patients best-in-class cannabis products, in terms of innovation, ingredients and flavors. Both companies are committed to utilizing high-quality, organic ingredients. And both focus on developing products with an emphasis on terpenes. Now available in Watermelon Hybrid, Blueberry Indica, Mango Sativa and Blood Orange 20:1 CBD/THC, Wana Sour gummies offer Arkansas patients a variety of consistent and potent options for wellness management. 

“No two patients are alike, and no two patients experience the same concerns even when managing the same condition. It is very important for patients to have options they can trust,” said Nancy Whiteman, CEO of Wana Brands. “That is just one of the reasons Wana’s Sour Gummies have become a preferred choice all over the country for patients seeking a consistent, reliable effect from an edible. We are very happy to be bringing them to Arkansas patients through our partnership with River Valley Relief.”

Wana products available through Arkansas medical marijuana dispensaries include:

• Wana Sour Gummies Watermelon (Hybrid): These refreshingly fruity gummies are infused with a terpene-enhanced hybrid blend to deliver a mild, balanced experience. 10mg THC per piece, 100mg THC per package (10 pieces)
• Wana Sour Gummies Blueberry (Indica): Infused with a terpene-enhanced indica distillate, these not-too-sweet, not-too-tart gummies can evoke feelings of relaxation and calm. 10mg THC per piece, 100mg THC per package (10 pieces)
• Wana Sour Gummies Mango (Sativa): Infused with a motivating sativa blend, these tropics-inspired gummies contain notes of refreshing sweetness, elevated by a tangy citrus burst. 10mg THC per piece, 100mg THC per package (10 pieces)
• Wana Sour Gummies Blood Orange (20:1 CBD/THC): These succulent Blood Orange gummies are infused with only 1 mg of THC, which works within your endocannabinoid system to unlock the full therapeutic benefits of 20 mg CBD... without intoxicating effects. 20mg CBD/1mg THC per piece, 200mg CBD / 10mg THC per package (10 pieces)

The Arkansas Medical Marijuana Commission allows for patients with 18 specific conditions to qualify for a state-issued certification card. Those conditions include cancer, HIV, AIDS, PTSD, Tourrett’s Syndrome and Alzheimer’s Disease, among others. River Valley Relief is dedicated to making high-quality, safe and affordable medical cannabis products available to the patients of Arkansas. 

“Partnering with Wana Brands not only allows us to bring the best edibles in the nation to Arkansas, but our mutual goals and missions also make us the perfect fit” said Ryan Kenaga, VP of Extraction and MIPS for River Valley Relief. “Both Wana and River Valley Relief are driven by their missions to help make this world a better place. Wana supports the Last Prisoner Project with the goal of releasing prisoners who sit in jail for cannabis charges that are no longer a crime. Similarly, River Valley Relief is working with Arkansas lawmakers to help bring cannabis crime expungement to those who languish right now in Arkansas jails.”

On June 14, the Douglas County District Attorney’s Office in Kansas released two statements addressing the legality of delta-8 THC in the state.

Both letters are from District Attorney Suzanne Valdez. The first letter addresses Valdez’s opinion on delta-8, while the second letter is designed to be sent as a warning to businesses selling such products.

In Valdez’s first letter, she states that the office will not prosecute businesses for possessing small quantities of THC products; however, she adds that there still “appears to be a great deal of confusion and misinformation regarding the legal status of delta-8.”

Valdez cites in the first letter an opinion released Dec. 2, 2021, by Kansas Attorney General Derek Schmidt, which declared that “delta-8 THC is illegal to possess or sell in Kansas under specific circumstances,” Cannabis Business Times previously reported.

RELATED: Confusion in Kansas: State Attorney General Says Delta-8 THC is a Controlled Substance

Schmidt’s opinion reads: “Delta-8 tetrahydrocannabinol (Delta-8 THC) comes within the definition of a Schedule I controlled substance and is unlawful to possess or sell in Kansas unless it is made from industrial hemp and is contained in a lawful hemp product having no more than 0.3% total tetrahydrocannabinols (THC). Unlawful hemp products include cigarettes, cigars, teas, and substances for use in vaping devices. Delta-8 THC derived from any source other than industrial hemp is a Schedule I controlled substance and unlawful to possess or sell in Kansas. Other federal and state laws and regulations place additional limits on the legality of products containing THC and other cannabinoids.”

“Given that possession and sale of delta-8 is illegal in Kansas and taking into account the prevailing public health, safety, and welfare interests, this office will prosecute distribution and sale of delta-8 in Douglas County,” Valdez stated in the first letter, adding that the office will begin sending out a notice (the second letter) to businesses engaging in the sale of delta-8.

Valdez’s notice letter to businesses reads: “This letter is to inform you my office has learned that your business may be marketing and/or selling unlawful Delta-8 THC products as set forth above and specifically covered in the Attorney General’s opinion. The sale or distribution [of] Delta-8 products is an illegal distribution of a controlled substance. Thus, should a local or state-wide law enforcement agency choose to enforce violations of the Act, this office will review all investigation materials submitted to us and will prosecute violations under the Act accordingly.”

The notice also asks companies selling such products to cease selling them to consumers and voluntarily remove them from store shelves. 

“Should the Kansas Legislature choose to revisit the legal status of delta-8, then this office will certainly reassess its position on this issue,” the notice reads.

 

Many New Yorkers are waiting with bated breath to legally purchase adult-use cannabis  once the NYS Office of Cannabis Management (OCM) gives the go-ahead. I’ve seen it a few times, in Colorado and Massachusetts: the anticipation, comradery, exhaustion and simultaneous annoyance of higher prices due to taxation and waiting on line the first day of legal cannabis sales.

But do consumers know what those first 200 retail dispensaries across New York will actually look like? Well, look to our northern trés chic neighbor, Montreal, and their government-operated stores.

Following the April 9 New York state (NYS) Budget Bill, which provided $50 million in public funds and statutory powers to the Dormitory Authority of the State of New York (DASNY), NYS published a Request for Proposal, ending June 13, for prevailing contractors to provide fully furnished, “turn-key” dispensaries, fully equipped with POS systems, security, safes, cameras, bathrooms, offices, etc. For those envisioning funky, innovative and unique stores, DASNY will likely render these first 200 dispensaries fairly uniform inside and out, with the exception of a so-called “branding wall” for the license holders to get creative with.

Retail Details

DASNY’s May 13 Design-Build Services for Select Retail Cannabis Dispensaries Request for Proposal RFP #7586 offers a sneak peek at the first 200 NYS adult-use retail dispensaries.

According to the RFP (request for proposal), DASNY will act as agent for New York’s Social Equity Cannabis Investment Fund, LP (NYSECIF) to identify suitable commercial retail properties for dispensaries, and design and outfit these leased premises based on forthcoming retail dispensary security regulations. NYSECIF will then sublease these properties to prevailing retail license applicants to operate. Prevailing proposers should be selected by July 11 to start the design and construction of cannabis dispensaries throughout New York state.

These dispensaries will be “equitably dispersed across” 10 geographic regions throughout New York state, according to NYSECIF, with New York City being Region #1. DASNY “anticipate[s] that approximately 150 dispensaries will need to be completed across the State," with the heaviest concentration in the NYC metropolitan area, including Long Island and Westchester. Rough approximations in other parts of the State include 20 to 25 in Western New York, 15-20 in the Hudson Valley/Capital District region, 5 to 10 in the North Country, and 5 to 10 in the Southern Tier region of the State.”

Interestingly, DASNY’s RFP envisions dispensaries ranging from 3,000 to 5,000 square feet in size being built by various regional contractors, who will also handle all the filing, permitting, licensing, and regulatory approval responsibilities. (It’s hard to imagine DASNY securing 3,000 sq. ft. retail spaces in prime commercial corridors in NYC!). Contractors will design and install security systems and cameras compliant with the forthcoming security regulations, as well as “furnishing and equipping” the dispensaries. 

Building Regulations

This RFP offers those thinking of applying for second-round/private-property retail licenses the general requirements for these state-built stores. For the sales area, the reception area may be enclosed or open, and the check-in area may be separate or combined with the reception area, both depending on location. Dispensaries may also have an open sales floor and display area, including a prominent “branding wall,” with sales counter and service space allowing for “approximately 5-10 point of sale areas and/or kiosks.”

This RFP also prescribes the prevailing contractor to construct a “back of house” area for staff to “move, process, package and fulfill customer product and merchandise orders,” as well as a receiving area and a “Cannabis Processing Workroom.” Other requirements include a vault and/or secure storeroom; a “Quarantine/Secure” waste storeroom; office space and a staff breakroom; employee and customer handicap-accessible bathrooms; a janitor’s closet; and an electrical/data/security closet. The RFP asks for a floorplan and layout to “allow for the best disbursement and flow of clients / visitors while feeling inviting and personal.” 

Security Requirements

Dispensaries will require interior and exterior video surveillance, access controls, and intrusion systems, with security plans complying with NYS Department of Health security requirements. These include alarms and backup alarms; motion detectors; video cameras with 24-hour recording (9600dpi) and date/time stamp; panic button at sales counter; glass break sensors; automatic voice dialer or digital dialer; failure notification system; “ability to remain operational during a power outage”; maintenance of all security equipment and recordings in a restricted secure location; illuminated exterior; doors with pinless hinges; and secure network access.

The Cannabis Storage (Vault) must have walls and ceiling framed with heavy-gage metal studs and joists with 9-gage expanded metal mesh installed on the non-secure side of framing with tamper proof fasteners.

Exterior windows shall meet all requirements of the current NYS/NYC Energy Conservation Construction Codes and include laminated glazing treated with security film to prevent the glazing from falling out, if broken.  

Additional enhanced security measures may be required in certain localities, such as NYC, where privacy screening, roll-down security gates, and use of ballistic glass may be required.  

Odor Mitigation systems, with ventilation and filtration systems to mitigate the cannabis odor, may be required in certain localities.  

HVAC and Backup Power systems (battery or generator) will be required during a power outage to provide continuous power for access control for secure doors, 24/7 remote alarm, camera surveillance and recording systems, and preferably HVAC conditioning for IT/Data Room and Vault and POS stations as well.

Turn-Key Buildout for the First 200 Retail Dispensaries

DASNY will have NYSECIF’s contractors build out the interior, from flooring to the “Branding Wall,” according to the RFP, along with ATMs, furnishings, fixtures and equipment, and Point of Sale (POS) systems, for the first 200 license holders. The store will be fully connected as well, either through WiFi or LAN wiring, to POS, seed-to-sale tracking system and security systems. Essentially, DASNY will hook up the entire dispensary.

New York has radically redefined social justice in launching these new adult-use retail dispensaries. As any operator knows, launching a successful retail cannabis business requires a tremendous amount of research, time, knowledge, relationships and understanding of contracts, commercial leases, and most importantly, start-up capital. By eliminating the knowledge gap, securing the commercial property, and fronting the equipment needed, New York doubled down on its commitment to ensuring those with prior cannabis convictions (or their immediate family member) have a fair and equal chance to succeed. (The first 200 Conditional Adult-Use Retail Dispensary (CAURD) licenses will be awarded to applicants who were convicted of a NYS cannabis conviction, or had an immediate family member convicted, and meet other applicant requirements.)

This radical commitment to economic equity and fairness will certainly court many naysayers and detractors, but at its core, those left financially and personally devastated by cannabis convictions may finally have a fair shot at rebuilding their lives. 

Wei Hu, Esq., is the founding partner of MRTA Law, PC, a boutique NYS cannabis law practice with offices in Manhattan and Ulster County. He also teaches Social and Economic Equity in Cannabis at LIM College in New York City, and is a member of the NYS Cannabis Industry Association.