South Dakota Judge Strikes Down Adult-Use Amendment
After Gov. Kristi Noem supported a lawsuit that questioned the voter-approved amendment from November, Circuit Judge Christina Klinger rules the measure violated one of the state’s constitutional amendments.
The voters of South Dakota spoke in favor of adult-use cannabis legalization by way of passing Amendment A in the November election, but the state’s governor and a circuit judge aren’t listening.
In allowing a lawsuit challenging the constitutionality of the state-passed ballot measure to proceed through an executive order, Gov. Kristi Noem opened the door for Circuit Judge Christina Klinger to reject the voters’ will by striking down the approved adult-use amendment in a ruling she issued Feb. 8. Klinger said Amendment A violated South Dakota’s requirement that constitutional amendments be limited to just one subject.
Article XXIII of the South Dakota Constitution states: “No proposed amendment may embrace more than one subject. If more than one amendment is submitted at the same election, each amendment shall be so prepared and distinguished that it can be voted upon separately.”
In the conclusion of her ruling, Klinger said, “Amendment A is unconstitutional as it includes multiple subjects in violation of Article XXIII, and it is therefore void and has no effect. Furthermore, Amendment A is a revision as it has far-reaching effects on the basic nature of South Dakota’s governmental system. As a result, Amendment A was required to be submitted to the voters through the constitutional convention process set forth in Article XXIII.”
The measure in question, Amendment A, read on the state ballot: “An Amendment to the South Dakota Constitution to legalize, regulate and tax marijuana; and to require the legislature to pass laws regarding hemp as well as laws ensuing access to marijuana for medical use.”
Voters approved Amendment A with 54.2% showing their support. Measure 26, the medical cannabis program ballot measure, also passed with 69.9% in favor.
With those results, South Dakota made history by passing both medical and adult-use cannabis on the same ballot, becoming the first state in the union to do so. But less than a month later, on Nov. 24, Pennington County Sheriff Kevin Thom and South Dakota Highway Patrol Col. Rick Miller filed a lawsuit challenging Amendment A, arguing it violates the state’s one-subject rule, and the amendments and revisions article of the South Dakota Constitution.
The plaintiffs argued that Amendment A has five subjects: legalizing cannabis, regulating cannabis, taxing cannabis, requiring the South Dakota Legislature to pass laws regarding hemp and ensuring access to medical cannabis.
South Dakotans for Better Marijuana Laws, the group behind Amendment A, filed a response in court on Dec. 7, arguing that the case should be dismissed because voiding Amendment A would overturn the will of the people. Citizens from that group also argued that Amendment A had one subject: cannabis.
On Jan. 8, Gov. Kristi Noem issued an executive order that allowed the legal challenge of Amendment A to proceed. In that order, Noem said, “The initiative process used to place Constitutional Amendment A on the ballot was not proper and violated the procedures set forth in the South Dakota Constitution.”
Also in that order, Noem said she instructed Miller to file the litigation against Amendment A.
Nonetheless, South Dakota Rep. Mike Derby and Sen. Brock Greenfield, both Republicans, went ahead to file legislation Feb. 3 that would implement the state’s adult-use cannabis program that voters approved in Amendment A.
While H.B. 1225 said the legislature does not endorse the decision of the voters, it also said, “In recognition of the voters’ recent decision on Amendment A, the legislature believes it is necessary to enact this legislation to properly ensure the regulated and enforceable administration of laws concerning the sale, possession and consumption of adult-use retail marijuana.”
But the 22-page bill included a provision that would void the proposed law if Amendment A were declared invalid by the South Dakota Supreme Court. The pending lawsuit filed by law enforcement personnel—as instructed by Noem—could be heading in that direction after Klinger’s ruling on Feb. 8.
In the conclusion of her ruling, Klinger also said, “The failure to submit Amendment A through the proper constitutional process, voids the amendment and it has no effect. Accordingly, Plaintiffs’ Motion for Summary Judgment in this matter is granted.”
Hemp Industries Association and National Industrial Hemp Council Release Industry Results on Checkoff Survey
Results from a month-long survey on industry attitudes towards a hemp checkoff program show majority of farmers and processors support the program.
WASHINGTON, D.C., Feb. 8, 2021 - PRESS RELEASE - The National Industrial Hemp Council (NIHC) and The Hemp Industries Association (HIA) together announced results of a month’s long survey on industry attitudes towards a hemp checkoff program.
The results of the overall survey show that nearly 8 out of every ten farmers and processors support the checkoff program for research, promotion and consumer education. Over six of ten farmers and processors support being assessed to fund a program.
“This is exciting news for our industry and exciting that there is such wide consensus in our industry to support such a program,” said Patrick Atagi, board chairman of the National Industrial Hemp Council. “We believe that a checkoff program will help hemp not only develop markets for hemp products but also fund much needed research and educate consumers on the usefulness and versatility of hemp.”
“It’s clear from the survey response that there is a broad level of excitement around the idea of a national hemp checkoff program, and significant interest in the potential return the hemp industry could see from an effective research and marketing program under USDA,” said HIA President Rick Trojan. “We in the industry recognize the incredible potential of this agricultural commodity, and there was a strong consensus around the importance of educating the market about the value of hemp across the supply chain for food/grain, fiber, and cannabinoids. It’s encouraging to see the positive feedback this dialogue with the industry has generated so far and we look forward to continuing to partner with the NIHC and other forward-looking allies to explore the tremendous opportunity a national checkoff represents for hemp.”
USDA checkoff programs seek to promote farm commodities and expand the market opportunities for farmers, importers and industry stakeholders. Funded through assessments on the produced commodity at the first point of sale; checkoff programs allow producers of commodities to pool resources for research, education, and promotion efforts that can expand sales and improve production efficiencies.
Currently, USDA Agricultural Marketing Service (AMS) oversees 23 checkoff programs for various commodities ranging from cotton to pork to Christmas trees. A study in 2018 by Texas A&M found that the existing 23 checkoffs had a return on investment for farmers and ranchers ranging from three to seventeen dollars in value that came back to the producers for every checkoff dollar invested.
The NIHC and HIA are now working to form a Task Force of representatives from across the industry that would discuss the details of how a hemp checkoff would be structured and operate. The effort of the working group would guide the development of a proposal to submit to the USDA that will include an industry analysis; justification for the program; program objectives; and the impact on small businesses.
The survey received 270 responses and was conducted online via Survey Monkey from November 30, 2020, until December 31, 2020.
NIHC and HIA representatives are holding a media availability to discuss the results of the survey and next steps on Wednesday, February 10th at 11 a.m. EST. To RSVP for the zoom link, members of the media can contact Larry Farnsworth with NIHC at lfarnsworth@hempindustrial.com.
Cannabis Business Times and Cannabis Dispensary announce the 2021 Best Cannabis Companies to Work For.
Cannabis Business Times and Cannabis Dispensary Magazines Announce The 2021 Best Cannabis Companies To Work For
The award program recognizes and honors the best companies across the cannabis industry that excel in creating quality workplaces for employees.
Cannabis Business Times magazine (Cannabis Business Times) and Cannabis Dispensary magazine (Cannabis Dispensary) announced today the 2021 Best Cannabis Companies To Work For – Cultivation and Dispensaries categories. The February issue of Cannabis Business Times magazine features the top honorees in Cultivation, and ranking companies in both Cannabis Dispensary and Cannabis Business Times are highlighted in a series of articles online linked below.
The award program recognizes and honors the best companies across the cannabis industry that excel in creating quality workplaces for employees.
The winners for this year’s awards in the Cultivation category are:
Leading industry publications Cannabis Business Times and Cannabis Dispensary developed the awards in partnership with the Best Companies Group (BCG), a global research organization that conducts industry-leading employee survey engagement and satisfaction surveys. Through this work, Cannabis Business Times,Cannabis Dispensary, and BCG identify and recognize the best employers in the cannabis cultivation industry and dispensary market and provide these organizations with valuable employee feedback.
Profiles of the companies that earned the distinction as one of the Best Cannabis Companies to Work For are available in the February issue of Cannabis Business Times magazine, and online at CannabisBusinessTimes.com, and CannabisDispensarymag.com.
“It is more important than ever to recognize companies that support their teams and are dedicated to best business practices for themselves, their customers, and their employees,” said Noelle Skodzinski, editorial director of Cannabis Business Times and Cannabis Dispensary. “The companies named to this year’s lists are creating cultures that encourage collaboration and camaraderie, and we are pleased to bring their stories to light.”
Cannabis Dispensary is the leading publication dedicated to serving retail business segments of the legal cannabis market. Cannabis Business Times is the leading publication helping to accelerate the success of legal cannabis cultivators by providing actionable intelligence in all aspects of the business, from legislation, regulation and compliance news to analysis of industry trends.
The Best Cannabis Companies To Work Forawards are based on a comprehensive evaluation of each participating company’s workplace policies, practices, and demographics -- accounting for 25% of the evaluation. Company employees were also surveyed to assess the experiences and attitudes of individual employees with respect to the workplace -- accounting for 75% of their total score. Aggregated results comparing Best Cannabis Companies policies and employee satisfaction survey results to those that did not rank are available here.
BCG managed the overall registration and survey process. For companies to participate, they met several eligibility requirements including: operating a cultivation or dispensary business; being a public or privately held business or not-for-profit operation based in the U.S. or Canada; having a minimum of 15 full-time or part-time employees and operating their business for a minimum of one year, among others.
After a comprehensive analysis of the data and the combined scores, BCG then used their expertise to determine the final ranking.
In March 2020, millions of people worldwide hunkered down at home to contain the rapid spread of the novel coronavirus.
Some of Texas Original Compassionate Cultivation (TOCC)’s 29 employees did the same. Those not critical to the physical daily operations of the vertically integrated medical cannabis company in Manchaca, Texas, supported social distancing recommendations by carrying out their duties from makeshift home offices, making it safer for rest of the team to mask up and press on at the facility. Pandemic or not, everyone at TOCC had an important role—and an essential one, even: to grow, manufacture and deliver cannabis medicine to Texans who need it most.
CEO Morris Denton believes the resolve of TOCC’s team to forge ahead during this chaotic and uncertain period can be directly attributed to the culture the business has fostered since its founding in 2017.
“Within the company, there is a real purpose-driven nature,” Denton says. “Everyone understands what it is that they do and how what they do contributes to the well-being of the patients that we serve. So there’s this real connective tissue … between what we do in our everyday operations and how it’s changing someone’s life.”
Photo courtesy of Texas Original Compassionate Cultivation Morris Denton, CEO, Texas Original Compassionate Cultivation
As a result of that carefully crafted culture, TOCC earned the No. 1 ranking in Cannabis Dispensary’s 2021Best Cannabis Companies to Work For list.
Striving to Be the Gold Standard
Long before COVID-19 reached its community, the building of TOCC’s small-but-mighty team had been centered around versatility and example setting.
As the first of only a handful of operators in perhaps the country’s most restrictive medical cannabis program—establishing a solid team was imperative to building trust not only within their own walls, but also with the Texas community and state regulators.
“We are headquartered in Texas, but we consist of a bunch of Texans. We’re not an operator that has licenses in other states and has interest in other states. One hundred percent of our focus is on our business in Texas and serving the great people of Texas. As a result, we feel a real responsibility to create a business that can serve the market in an outstanding way,” Denton says. “We know that our future is entirely dependent on our ability to run our business on transparency and integrity in order to create the opportunity for our legislature to expand the program so more people can get safe, legal access to this medicine.”
Therefore, TOCC’s month-long hiring process is rigorous. Candidates are interviewed multiple times and with many members of the team, with questions focused on soft skills just as much, if not more, than the ability to simply do the job. “If we get the right person that demonstrates the right culture that wants to learn, that wants to challenge themselves, that wants to grow and wants to make history, then typically in this type of business we can employ that person anywhere. If we hire for culture as opposed of hiring for skills, we’re going to be a lot better off,” Denton adds.
New employees get a taste of the culture, but they also truly experience all facets of the operation. According to TOCC Chief of Staff & Culture Christina Burke, no matter where their day-to-day job will ultimately be, all employees receive training in cultivation, manufacturing, delivery and retail operations to realize a holistic view of the company and its mission.
“It gives employees a high level of confidence in our processes … especially our dispensary employees. When someone calls and asks about our cultivation techniques and our extraction and testing, they are confident in answering those questions,” Burke says.
That cross-training proved to be critical when 2020 came along. For example, even members of the leadership team, including Denton, Burke and Chief Revenue Officer Kelly Roland became delivery drivers during those critical months to help rotate shifts and keep up with the demand.
“One of the groups that was really high on my radar for concern was the drivers because … they can drive 2,000 miles easily over a couple of days. Texas is a really big state. They’re going door-to-door to patients, so their exposure level was potentially one of the highest,” Roland says, adding that 60% to 70% of their business is done by home delivery, even before the pandemic. Drivers would also frequently stay in hotels, which was deeply concerning, especially at the beginning of the pandemic. TOCC equipped drivers with extra personal protective equipment (PPE), including sanitizer to spray down the rooms. Roland and the team were particularly moved by delivery drivers’ commitment during this time. “They weren’t scared, they took all the proper precautions. They knew this was the last piece: giving the medicine, handing it to a patient,” she says. “Looking back at what the drivers went through and the risk they put themselves [in]. Despite all the PPE in the world, it was pretty incredible dedication.”
Back at the facility, TOCC also came up with a game plan for safety. TOCC leaders established daily, half-hour check-ins; rotated shifts company-wide every two weeks so employees could reduce their risk of exposure from others; created standard operating procedures (SOPs) to let employees know how to keep themselves safe while they were at work and outside of work; provided refills of PPE to employees and their families. “We took it extremely seriously,” Denton says. As a result, more than nine months passed before they had a positive case.
“We were going to do whatever we had to,” Denton says. “It was just a very impressive period of time…. I’m just blown away by the commitment and passion the team possesses. You can’t train that. People either have it and they bring it with them, and they instill it in others, or they don’t. That kind of culture—it’s been an incredible thing to watch and to be a part of.”
Treating Employees Well & Positioning for Growth
Unlimited sick time is one of the many benefits TOCC offers to full-time employees. Health benefits, including medical, dental and vision, are 100% covered. A 401(k) retirement plan with a “generous match” is offered, as are an Employee Stock Ownership Plan (ESOP) and competitive vacation and personal days.
“Especially in a company this small, sometimes you don’t see health benefits and those sorts of things,” Roland says. “It’s great thing [Denton and the Board of Directors] offer these to employees, even if they don’t have to as a company.”
Roland adds that a more intangible benefit of being a TOCC employee is its overall transparency. “We share how the company is doing financially, where the growth is coming from, what are we worried about, what’s happening in the industry,” she says. “I think we’ve done a good job as a company—and Morris, [as] a leader—in … helping [employees] understand how the business is run and why we make certain decisions. It’s a benefit of being small but something you can hold onto.”
“There’s this real connective tissue … between what we do in our everyday operations and how it’s changing someone’s life.” – Morris Denton, CEO, Texas Original Compassionate Cultivation
Continuing education is also an important facet to strengthening the company, and so the company regularly sponsors employees to attend virtual classes, trade shows, and other programs so they can expand their cannabis knowledge and become more well-rounded team members. Within the company, TOCC establishes “mini task forces” that can fall beyond the scope of day-to-day operations that anyone with interest in a particular area can join to learn and help solve important issues cross-departmentally.
And when it comes to investing back into the community, TOCC employees volunteer their time to and support the Epilepsy Foundation of Texas, Texas Mothers Advocating Medical Marijuana for Autism (MAMMAs), the Coalition of Texans with Disabilities, Any Baby Can (which provides support to children with special health needs), and the Autism Society of Texas.
Roland believes all of these facets of the company directly correlate to employee retention.
The Path Forward
With all that the TOCC has accomplished so far—Denton and his leadership team know they have much more to do to improve the lives of Texas and reward their employees for helping them on that journey.
Burke says she’d like to eliminate the phrase, “You don’t have a qualifying condition,” in the state of Texas. “I’d just like to be able to just say, ‘Yes, we can help you,’” she says.
“There’s really not a worse moment than having a patient calling in and [sharing] an incredibly moving and sometimes tragic story with you about the journey they’re on … and at the end of that having to tell them, ‘I can’t help you.’ And that unfortunately happens every day,” Roland adds. “It’s a horrible thing to have to say to someone at the end of a conversation and not to have to do that would be pretty incredible.”
Denton believes there’s a clear path forward to improve access. “We have a very precise vision, and the vision is to transform Texas through the power and truth of this plant and the medicine it creates,” he says. “And then we’ve got a few operating tenets [which] are to create the highest-quality, best-in-class medicine; to operate with transparency and integrity as a reflection of the values of the state of Texas; and the third is to create a business that is self-sustaining and can return significant value to its investors and to its employees. So that third operating tenet is something that’s really important to me. And in order for that to happen, we need to see legislative expansion. We need more Texans to get safe and legal access to this medicine. So our agenda, which is predominantly, if not exclusively, patient-driven, [is] driving that through our patients to the legislature.”
Denton says that patient stories will help the legislature expand access to medical cannabis to more people, with more conditions being improved, as well as increased levels of THC.
“When that happens, then this business becomes a self-sustaining, valuable business that can provide significant returns to its investors as well as to its employees. So that’s what I wanna do. I want to be able to reward our employees for their hard work, for their commitment, for their passion, for their integrity, with significant value.”
Velvet CEO Farid Harrison, left and Matt Morea, president and COO
Photo by Justin Bowers
No. 2 Best Cannabis Companies to Work For - Dispensaries: Velvet Prioritizes Healthy Work-Life Balance
The Martinez, Calif., dispensary also provides free product samples, supports new parents with paid time off and other benefits.
Every other Friday, in the weeks when Velvet isn’t providing its employees their bi-weekly pay, the Martinez, Calif., dispensary provides them with samples of new products to try out before they start selling them.
“We like to say that we’re not a sales organization—we’re an organization of ‘consultationists,’” says company President and Chief Operating Officer Matt Morea. “It’s our job to listen, to ask follow-up questions and be able to make … recommendations on products in different categories that might be a bit more to that consumer’s needs. If you haven’t experienced it and you’re not aware of the taste, the smell, the effect, the onset time, it’s really difficult to effectively make recommendations.”
Velvet's dispensary in Martinez, Calif. Photo by Justin Bowers
Handing out these product samples to employees not only helps Velvet, No. 2 on Cannabis Dispensary’s 2021 Best Cannabis Companies to Work For – Dispensaries list. It represents one way the company is dedicated to offering an inviting and supportive company culture for its majority-women team and, in turn, doing the same for its patients and customers.
“You never know what culture’s going to be like until you put a bunch of people into a building,” says Velvet Chairman and CEO Farid Harrison. “We put a lot of time and energy into making that right and making sure everybody gets along. I think we really view that as a top-down process, so we’re very involved, we’re very available for our team.”
Velvet circulates a monthly employee newsletter that Morea says recognizes various aspects of employees’ work and lives: hiring and promotional announcements, birthdays, anniversaries and times when staff have worked well together and received positive reviews from patients and customers. (The newsletter also shares information about company performance milestones, products entering the inventory and new marketing initiatives.)
Out of Velvet’s 46 employees, roughly 63% are women. “From a leadership standpoint, we created six internal positions or promotions [in 2020],” Morea says. “Five out of those six … have gone to qualifying females on the team.” The company announced three more promotions in 2021, two of which went to women. And when evaluating job candidates, Morea says managers form panels to incorporate a variety of perspectives in the hiring process and better “identify different strengths and potential red flags.”
Prior to founding Velvet in 2018 and opening its doors in 2019, Harrison and Morea had become well-acquainted with the industry. Morea previously worked at CannaCraft and Privateer Holdings, and Harrison, who has largely a finance and real-estate background, had become good friends with a Colorado cannabis operator. “We both saw an industry evolving early on, and we said, ‘We’re going to do this,” Harrison says.
“As we went down this path, we saw it as an amalgamation of a bunch of other, different retail customer-service-type businesses,” he says. “We tried to take best practices from a lot of different industries, so to speak. I think one of the key things that happened for us from the very jump was we brought a leadership group that had significant experience in high-throughput business, specifically coffee.” The group consists of people who worked at Philz Coffee, a chain based in nearby San Francisco.
In addition to being led by experienced retail professionals, Morea says budtenders are motivated in the form of being able to participate in an incentive plan, through which they can earn up to $850 per month, or $10,200 annually. And, listing other perks, he says, “We’ve got paid training; paid time off; we offer healthcare benefits for anybody who’s working full time, which at Velvet, we consider 30 hours a week or more, on average.”
The Velvet leadership team prioritizes giving staff a healthy work-life balance. Photo courtesy of Velvet
The dispensary is committed to providing employees a healthy work-life balance, says its Head of People and Places Victoria Long: “I think we’ve also been especially focused on that with COVID—making sure folks have the time off that they need in case they need to get a test or they feel they’ve been potentially exposed; being really sensitive to what’s happening in the world and allowing that time to feel like they’ve got boundaries to work out of the office where they can; and for our retail staff, [we] give them the time off, paid time off where it’s applicable, give them what they need to in this time of craziness.”
Also on the topic of work-life balance, the company offers 12 weeks of fully paid maternity leave to both full- and part-time employees, the latter of whom Morea says receive a 90-day average of earnings. Long says she’s excited because Velvet's team currently has two expecting mothers. “In addition to that, we’re doing some good stuff, like flexible options, making sure the employee has the appropriate schedule when they return back to work, not feeling overwhelmed,” she says.
Morea says this benefit not only helps employees and their families, but also gives them an edge in an increasingly competitive market.
“Part of that, when you're in the Bay Area, is competing with the technology companies,” Morea says. “We felt like it was really important to have not just a maternity leave, but … a parental leave policy that gives our employees flexibility to go spend time they need with new children, to bond—and at the same time, not be sacrificing other income.”
Velvet also grants new fathers up to 12 weeks of unpaid parental leave. “… We do grant them the same amount of time off and help them identify any potential resources that exist in California to recover their missed earnings,” Morea says.
During the next two to three years, Velvet hopes to expand from one location to up to a dozen stores across California.
In the nearer term, Velvet has plans for a second location in Los Angeles’ Eagle Rock neighborhood—which it tentatively expects to open in summer 2021. It would double the company’s retail space from about 2,400 to 4,800 square feet. That location would first bring in about 30 new hires, then, Morea expects, Velvet would increase that team to about 45.
Just as this expanding business strives to treat its employees well, those employees exude positivity in the store. “From the time you pull in our parking lot to the time you walk out the door, every single person is going to greet you with a smile on their face,” Morea says. “They’re going to say ‘Hello,’ they’re going to thank you for coming in, they’re obviously going to help identify the products that might fit whatever it is you’re looking for.” And they may have recently tried those product themselves.
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