The Business of Cannabis This page intentionally left blank The Business of Cannabis New Policies for the New Marijuana Industry D. J. Summers Copyright © 2018 by D. J. Summers All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or other wise, except for the inclusion of brief quotations in a review, without prior permission in writing from the publisher. Library of Congress Cataloging- in- Publication Data Names: Summers, D. J., author. Title: The business of cannabis : new policies for the new marijuana industry / D. J. Summers. Description: 1 Edition. | Santa Barbara, California : Praeger, An Imprint of ABC- CLIO, LLC, [2018] | Includes bibliographical references and index. Identifiers: LCCN 2017054055 (print) | LCCN 2018005548 (ebook) | ISBN 9781440857867 (hard copy : alk. paper) | ISBN 9781440857874 (ebook) Subjects: LCSH: Marijuana industry— United States— Government policy. Classification: LCC HD9019.M382 (ebook) | LCC HD9019.M382 U378 2018 (print) | DDC 338.1/73790973— dc23 LC rec ord available at https:// lccn . loc . gov / 2017054055 ISBN: 978-1-4408-5786-7 (print) 978-1-4408-5787-4 (ebook) 22 21 20 19 18 1 2 3 4 5 This book is also available as an eBook. Praeger An Imprint of ABC- CLIO, LLC ABC-C LIO, LLC 130 Cremona Drive, P.O. Box 1911 Santa Barbara, California 93116 - 1911 www. a bc- c lio. c om This book is printed on acid- free paper Manufactured in the United States of Amer i ca Contents Preface vii Introduction xi Chapter 1 Supply and Demand 1 Chapter 2 Federal Laws vs. State vs. Local Control 17 Chapter 3 Lobbyists and L awyers 29 Chapter 4 Going to Market: Cultivation, Testing, Manufacturing, Production, and Retail 55 Chapter 5 Banking and Financial Implications 71 Chapter 6 State by State, Nation by Nation 83 Chapter 7 Taxation and Ramifications 95 Chapter 8 Picks and Shovels— Ancillary and Support Industry 105 Chapter 9 The Future of Cannabis 127 Notes 143 Index 165 This page intentionally left blank Preface I wanted this book to be a lens and a warning. Maybe I hit the mark, maybe I didn’t. I started covering the cannabis industry in Alaska in the summer of 2015. I did not decide to—in fact, I w asn’t even in the state when it was deci ded I should cover it. When my co- worker picked me up from a short vacation to California, he told me he and the other editorial staff of my newspaper sim- ply deci ded I would do it. He offered to flip me for the beat. I’m glad I didn’t take him up on it. I got to work building sources and attending regulatory board meetings and industry association meetings and nighttime parties at Anchorage’s now- defunct smokeasy, Pot Luck Events, the de facto war room/night club of the advocates and business hopefuls flocking to the scene. Only weeks into cov- ering the beat, I started noticing some faces falling. Many of those faces belonged to the advocates and vote- rustlers who jumped for joy when Alas- ka’s cannabis legalizing Ballot Mea sure 2 passed. As they sat through board meetings and drained their energy trying to wade through the licensing process— trying to rectify what they wanted with what was— I couldn’t help thinking, “Maybe they didn’t know exactly what they w ere getting into.” Legalization advocates often come from the counterculture. I’m not the first journalist with a “careful what you wish for” message. The political- industrial complex in the United States is just that— complex. When voters give the thumbs up to recreational weed, they vote for an out- come only, a l egal gram in hand to roll and smoke. If they want something to do with the process— growing the gram or selling the Zig Zags to roll it— they are in for a rude awakening about the realities of commerce in this upstart industry. We as a nation o ught to talk about t hose realities, though, and ask w hether they resemble what we really want. We should talk about how the system we have works in practice and whether it makes us not just better citizens, but viii Preface better p eople. We have a big, grinding machine— what happens to a nug of White Widow when we throw it in, and do we like it? If cannabis can ignite some interest in formerly uninterested people in the question, then this book is a win. I wrote this book with the journalist’s tool kit of reports, studies, and inter- views, which is mostly to provide context and look for trends. Fortunately, two makes a pattern, and in the cannabis industry, there is always a pattern emerging to pore over. The fact that all eyes are on cannabis helped the research. Even though there are plenty of studies on cannabis’s medical impacts, the studies on mar- ket trends and economics are scarcer than for most other industries. T here are many on policy and safety and tax impacts, however, and I made good use of them, as I did with the market trend and profitability reports many of the cannabis data firms produce in order to get policymakers’ support. What I couldn’t get from studies, I got from news. I relied heavi ly on the excellent reporting being done around the country on the trou bles the indus- try f aces and what the Band- Aids are, in par tic u lar, the reporting of Debra Borchardt, Jacob Sullum, David Miyoga, and John Schroyer. Fortunately, pot is so existentially impor tant to digital readers that no single national cannabis- centric event goes without dozens of reporters dog piling on it, like a Minor Threat mosh pit. In a way, cannabis testifies to the power of the press— when the press pays enough attention and the public enough attention. If only it were so with city council corruption— which is happening to night, in your city council—or local charity, or any other issue citizens could pay attention to but can’t smoke. To fill in blanks and get context, I did as many interviews with industry leaders, po liti cal strategists, and officials as time allowed for. Time was indeed a factor, with Canada’s recreational system set to start in the summer of 2018 and California to start licensing its recreational businesses in early 2018. I have too many p eople to thank for getting me to book writing point, but a few in par tic u lar deserve a shout- out— I could not have done this without any of you. First, thanks to my editor, Hilary Claggett, for working with a first- time author and especially for working with me on the deadline. To Stephanie Pro- kop for believing I could write a book and knowing I should at least try and then making me try, foot dragging and heel digging be damned. Her husband, Darren, for setting up an introduction with a publisher. My editor at the Alaska Journal of Commerce, Andrew Jensen, for teaching me to dig, to break num- bers into narrative, and to look for the narrative people hide behind the numbers. I owe untold gratitude to the friends who encouraged me along the way— three of Alaska’s very finest reporters in par tic u lar: Elwood Brehmer, for not claiming the pot beat, because he could have and prob ably would have done Preface ix a better job with it; Rashah McChesney, who told me to “just tell the story”— sorry, girl, I know it’s heavy reading; and Elizabeth Earl, who made it a point to let me know when my motivations seemed less than journalistic. Thanks to the other friends who cheered me up with beer and let me crash their couches and barbecues for a chance to get away from the screen and mooch free food— Danielle Downs and her crew; the Robison family; Ben Jones and his new bride, Tara, for giving me a place to stay and to focus. My brother Nate and his wife Allie, who told me to come stay with them, who gave me room and board and a truck, for no other reason than want- ing to help. It did, and more than you can ever know. My sister Amber and her husband Jared, who are such a rock of cheer and vitality that visiting is like a re orientation to humanity. My b rother Matt, who gave me the anti- authoritarian prism any journalist worth his salt needs. For Mom, who never wanted me to s ettle for a job I only wanted to do for the money. Last but most impor tant, for my Dad, who taught me to read, and to love to read, so well that it ended up spilling over into writing. Check it out, Dad. I wrote a book.