Vape Hardware Science
Ensuring the compatibility of cannabis oil and vaping hardware is critical for manufacturers. This process requires a combination of scientific knowledge and artistic intuition.
Security Considerations
Security, safety and compliance should be more than afterthoughts as they are key to ensuring business continuity. Case in point, the introduction of unique locking solutions.
Employee Retention
Attracting and retaining staff in Canadian cannabis retail requires a tailored approach that takes into account both the specific needs of the business and its employees. https://axisinsurance.ca
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Prospect
OPERATIONAL CONSIDERATIONS IN
Vape Hardware Science
Ensuring the compatibility of cannabis oil and vaping hardware is critical for manufacturers. This process requires a combination of scientific knowledge and artistic intuition.
Security Considerations
Security, safety and compliance should be more than afterthoughts as they are key to ensuring business continuity. Case in point, the introduction of unique locking solutions.
Employee Retention
Attracting and retaining staff in Canadian cannabis retail requires a tailored approach that takes into account both the specific needs of the business and its employees.
Cannabis Prospect Magazine
YOUR SEED-TO-SALE PUBLICATION FOR THE CANADIAN CANNABIS MARKETPLACE
THE CULTIVATION ISSUE
IN THIS ISSUE OF CANNABIS PROSPECT MAGAZINE WE LOOK AT CHALLENGES FACING CULTIVATORS WITH ARTICLES ON OPERATIONAL CONSIDERATIONS, SECURITY, THE SCIENCE OF VAPE HARDWARE AND EMPLOYEE RETENTION.
VOLUME 5 ISSUE 3 JUNE 2023
Ensuring the compatibility of cannabis oil and vaping hardware is critical for manufacturers, as it directly affects the user experience and product safety. This process requires a combination of scientific knowledge and artistic intuition and faces various challenges due to the complex regulatory landscape.
Security, safety and compliance should be more than afterthoughts as they are key to ensuring business continuity. With the introduction of unique locking solutions specific to securing cannabis facilities, five recurring challenges continue to stand out.
Attracting and retaining staff in Canadian cannabis retail requires a tailored approach that takes into account both the specific needs of the business and its employees. In this article, we will look at several strategies that can be employed to your cannabis store.
As the industry approaches its fifth anniversary, it needs to reassess these costs while remaining compliant with regulations, making it that much more crucial to partner with ancillary service providers to enhance financial stability, capacity and profitability.
If you’re a retailer and would like a free subscription or are a licensed producer that would like to be included feel free to email me at media@cannabisproonline.com
June 2023 | Cannabis Prospect Magazine 5 Table of Contents/June 2023
REGULARS EMPLOYEE RETENTION VAPE HARDWARE SCIENCE COMMON SECURITY MISTAKES OPERATIONAL CONSIDERATIONS 6 From the Editor 8 Events 10 News 27 Product Showcase 31 Product Spotlight 30 List of Advertisers 12 14 24 20 Cannabis Merchandiser is a monthly digital catalogue of cannabis sellsheets meant sent directly to retailers, meant to give voice to smaller- and medium-sized LPs as well as build awareness of growers and their brands.
Cannabis Merchandiser is here!
Business to Business
By David Halpert
On May 5 I had the pleasure of speaking on a panel ‘B2B Marketing & PR for Cannabis Brands’ hosted by Marigold PR. Alongside myself were Adam Szpakowski, publisher of Grow Opportunity; David Brown, owner and publisher of StratCann, and Nicolas Rodriguez, a writer for Benzinga. In issues past, I’ve spoken on the issue of trade media before, about how people working in this space, whether it be magazines, newspapers or events with respect to cannabis, while technically work in cannabis, operate more from the outside looking in, having to balance editorial content alongside issues affecting the industry, both federally as well as provincially, even though trade magazines tend to be national focused with their content.
2023 has been an trying year for the cannabis industry to say the least, which has always been the case for the cannabis given the nascaent nature of the industry but this year feels especially tumultuous in all verticals of the space: cultivation, processing, retail, as well as many ancilliary industries involved, such as manufactured products and service-oriented companies -- on a tangent, lately it seems like the only ones making a profit these days are the manufactured product companies, akin to selling shovels during the Gold Rush.
Getting back on the B2B track, it’s been my experience that trade marketing is often the most underutilized and undervalued aspect for cannabis brands, either cast aside entirely in favour of its more popular cousin consumer marketing, relegated to a third-party company (either a creative and/or sales agency) or seen as a necessary evil to comply with federal regulations under the Cannabis Act. A lot of the time, this side of the media landscape is overlooked by experienced marketers,since many have traditionally been more consumer-focused as well, having been raised on television their whole lives (as well as the fact that cannabis companies are prohibited from advertising on television), a lot of people don’t even know trade marketing exists, aimed at the cannabis retailers and LPs directly and not the consumer.
What amazes me (from a media perspective anyway) is how few companies set aside a specific budget for trade marketing as part of their overall strategy. You’d be forgiven as this presents an added cost to an LP or retailer’s bottom line but even simple publicity is often overlooked as well. You’d think sending out press releases and opting for editorial articles would be a no-brainer given it’s free, yet when it comes to sending me new press releases or article ideas, a good 80-90% of companies out there don’t. To me it seems like low-hanging fruit for any marketing department who more often than not opt for the much sexier options social media provides. Yet time and time again, newswires is where I go for company news. This is especially counterintuitive when you consider that newer cannabis brands or small- to medium-sized LPs oftentimes don’t have the resources or budgets for expensive advertising campaigns or large staffs (though I feel less surprised considering the immediate results social media has in terms of engagement and results).
Of course I’m biased, in the cannabis space trade magazines will always play second fiddle to events (and possibly third fiddle to digital marketing). That’s just the name of the game, but when there are more than 900 government-issued licences for cultivation and hundreds of cannabis brands out there, on top of hundreds of cannabis-related companies, I can’t help but feel there’s missed opportunities aplenty when it comes to the trade marketing side of things, whether it’s press releases for company news, opportunities for articles, or even (dare I say) paid media to help build brand awareness in this space.
6 Cannabis Prospect Magazine | June 2023
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CONFERENCES & EVENTS
High Tide Announces Its Cabana Club Loyalty Program Has Surpassed 1 Million Members
High Tide Inc., the high-impact, retailforward enterprise built to deliver real-world value across every component of cannabis, announced that its Cabana Club loyalty program has surpassed the significant milestone of 1 million members. This figure represents more than 110% growth from the 473,161 members on ‘4/20’ in 2022. The company also announced that on April 20, 2023 ‘4/20’, it generated more than CAD $2 million in total retail gross revenues (“Total Sales”) across all retail platforms, representing a 64% increase from the previous Thursday. The company’s Canadian brick-and-mortar stores reported a 46% increase, while sales across its e-commerce platforms (Grasscity. com, Smokecartel.com, Dailyhighclub.com, Dankstop.com, Nuleafnaturals.com, FABCBD. com, BlessedCBD.co.uk, and BlessedCBD.de) reported an increase of 216% over the previous Thursday.
Atlas Global Signs Exclusive Partnership with Snoop Dogg to Launch Cannabis Brands Internationally
Atlas Global Brands Inc., a cannabis company with expertise across the value chain, is pleased to announce that on February 28, 2023, the company entered into an exclusive international licensing agreement with Calvin Broadus Jr. a.k.a “Snoop Dogg”. The agreement, which lasts up to five years, grants Atlas Global the exclusive right to use the artist’s name, likeness, logos, trademarks or other approved intellectual property to produce, package, manufacture, distribute, sell, advertise, promote and market cannabis flowers, pre-rolls, concentrates, oils and edibles, and personal vaporizers for medical purposes in Germany, Israel, and Australia and recreational purposes in Canada.
Fire & Flower Launches Spark Marketplace App: First-of-ItsKind Mobile Cannabis Marketplace in Canada
Fire & Flower Holdings Corp., a leading cannabis consumer retailer, and its wholly-owned technology subsidiary Hifyre™ Inc., launched of the Spark Marketplace mobile app on the App Store for Apple IPhones in early April. Benefits of using the Spark Marketplace app include easy access to Member Priced products, early access to new products, special promotions and contests, personalized product recommendations, and live inventory with customer reviews. The new app also allows Spark Perks™ members to access their profiles to re-order products quickly and conveniently, save payment information for future use, and build their basket from anywhere. Download the app by searching “Spark Marketplace” on your iPhone in the App Store or by visiting https://www. sparkmarketplace.com.
Tilray Brands Announces Accretive Acquisition of 100% of HEXO Corp.
In early April, Tilray entered into a definitive agreement to acquire HEXO Corp. for an aggregate purchase price of approximately US$56 million, to be satisfied through the issuance of 0.4352 of Tilray common stock for each outstanding HEXO share. The acquisition, which is structured as an arrangement under applicable Canadian laws, builds on the successful strategic alliance between the two companies and positions Tilray for continued strong growth and market leadership in Canada, the largest federally legal cannabis market in the world. The completion of the arrangement is subject to customary and negotiated closing conditions, including HEXO shareholder approval and court approval, and is expected to close in June 2023.
BZAM Ltd. Receives EU GMP Certification Approval
BZAM Ltd., a leading Canadian cannabis producer, is pleased to announce that its subsidiary, The Green Organic Dutchman Ltd, has received EU GMP certification for the company’s facility located in Ancaster, Ontario. This certification permits the company to export certain medicinal cannabis products to numerous global markets. The certification is valid for a three-year period from inspection, with a renewal date of August 31, 2025. This certification allows BZAM to execute on existing strategic distribution partnerships that have already been established, including partnerships in Germany and the UK. With regard to the UK, the company anticipates launching multiple strains under The Green Organic Dutchman brand in Q4 2023.
OCS Launches Social Impact Fund to Champion a Socially Responsible Industry
The Ontario Cannabis Store (OCS) announced the launch of its Social Impact Fund (the
Fund) to promote social responsibility in connection with cannabis through the funding of community projects and research. The OCS invites incorporated not-for-profits, registered charitable organizations and research teams affiliated with academic or research institutions to apply for funding, which can range from $25,000 to $100,000 for projects that are eight to 12 months in length. The funding available will go to initiatives aligned with the three key pillars of OCS’s social responsibility strategy: establishing a foundation for environmental sustainability, supporting a diverse and inclusive cannabis industry in Ontario and advancing cannabis knowledge and responsible consumption.
Heritage Cannabis Entering the New York Recreational Market with Products Available in the State this Summer
Heritage Cannabis Holdings Corp. announced that it is entering the recreational cannabis market in New York, with RAD branded vape and concentrate products becoming available to New York consumers this summer. Heritage continues to target the legal markets in the US with an asset-light model and has signed a manufacturing and distribution agreement with a local partner that will primarily produce and sell products using Heritage’s innovative formulations and flavours that have achieved success in other markets. The initial launch will be six SKUs and Heritage plans to add additional RAD products including live resin, rosin, and infused pre-rolls, as well as expand product offerings with additional Heritage brands.
10 Cannabis Prospect Magazine | June 2023
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The Interplay of Science and Art: Understanding the Compatibility of Cannabis Oil and Vaping Hardware
By Arnaud Dumas de Rauly
The rapidly expanding cannabis industry has seen a rise in vaping as a preferred method of consumption due to its convenience, discretion and efficiency. Ensuring the compatibility of cannabis oil and vaping hardware is critical for manufacturers, as it directly affects the user experience and product safety. This process requires a combination of scientific knowledge and artistic intuition and faces various challenges due to the complex regulatory landscape. In this educational article, we will discuss the science and art behind creating compatible cannabis vaping hardware and the obstacles manufacturers must overcome to maintain compatibility.
THE SCIENCE
Rheology of the Oil
Rheology, the study of flow and deformation of matter, plays a pivotal role in understanding the properties of cannabis oil. Viscosity is a key rheological property that measures the oil’s resistance to flow. Various factors, such as the extraction method, cannabinoid and terpene concentration, and the presence of additives, can influence the oil’s viscosity. Environmental parameters, like temperature and pressure, also affect rheological properties.
Processors must consider these factors when designing vaping hardware to ensure compatibility. They need to develop devices with heating elements that can effectively vaporize oils of different viscosities while maintaining the integrity of the active compounds and keeping degradation minimal.
Viscosity vs. Rheology: Viscosity and rheology are related concepts used to describe the flow properties of fluids, but they have distinct meanings and applications. While viscosity focuses on a specific aspect of fluid behaviour (resistance to flow), rheology takes a more comprehensive approach to understanding the deformation and flow properties of fluids under various conditions. Rheological studies can help design better materials, processes and vaping products.
Hardware Specifications
Hardware specifications, including intake hole size, resistance and porosity, play a significant role in determining compatibility with cannabis oil. The intake hole size must be suitable for the oil’s viscosity to ensure efficient wicking and prevent clogging. The resistance of the heating ele-
ment must also be compatible with the oil to pro vide a consistent and smooth vaping experience. Porosity refers to the porous structure of the wick, which affects the oil absorption rate. Processors must strike a balance between porosity and oil viscosity to optimize the aerosolisation process and prevent potential leaks or combustion issues.
THE ART
Consumer Testing
While a strong scientific foundation is essential for developing compatible cannabis vaping hardware, the ultimate success of a product depends on consumer satisfaction. Manufacturers must engage in extensive consumer testing to gather feedback and refine their designs based on user preferences. This iterative process requires an artistic approach, as manufacturers must interpret and respond to subjective feedback, while maintaining product safety and performance.
Usage Patterns
Understanding usage patterns is another crucial aspect of designing compatible cannabis vaping hardware. A 2021 Vape Survey1 sheds light on consumer preferences, such as preferred device types, consumption frequency and vaping profiles. Manufacturers can use this information to tailor their products to meet the evolving demands of the market. For instance, they can develop devices with adjustable temperature settings, allowing users to customize their experience based on personal preferences and the specific oil they are using.
Bioavailability
The bioavailability of cannabinoids can vary significantly from one person to the next, as it depends on a multitude of factors, including:
» Genetics: individual genetic variations can influence how our bodies process and respond to cannabinoids, resulting in differences in absorption, distribution and elimination.
» Metabolism also plays a critical role in the bioavailability of cannabinoids, as enzymes in the liver are responsible for breaking them down. Factors such as age, sex, diet and overall health can affect an individual’s metabolic rate, thereby influencing the rate and extent to which cannabinoids are absorbed and utilized.
» Method of consumption, such as oral
cannabis-based vaping products can differ significantly among users, emphasizing the “artistic” approach to matching hardware and cannabis oils. For example, one product can provide the best hit and flavour for person A and taste horrible and not do anything for person B.
THE CHALLENGES
Focus Groups
Conducting cannabis focus groups can be challenging due to legal restrictions, stigma and social perception, recruitment/screening difficulties, product safety and ethical concerns, the need for a controlled environment, and the variability of effects among individuals. These factors create logistical, ethical and analytical hurdles for researchers studying consumer preferences and product development in the cannabis industry. Overcoming these challenges can provide valuable insights that contribute to the development of more effective and satisfying cannabis products. Hence the importance of taking small, incremental steps – in your company, state, or province for example – toward a larger goal.
Cannabis Research
The scarcity of cannabis research can be attributed to several factors, including legal restrictions, funding limitations, stigma and perception, access to research-grade cannabis, methodological challenges and regulatory hurdles. The classification of cannabis as a controlled substance in many countries creates a restrictive environment for scientific investigations, limiting funding opportunities and access to research materials. Additionally, methodological challenges and regulatory requirements can deter researchers from pursuing cannabis-related projects. However, as legal barriers are reevaluated and more funding becomes available, the body of cannabis research is expected to grow, offering valuable insights into its properties, potential medical applications and effects on public health.
Arnaud Dumas de Rauly is the cofounder and CEO of The Blinc Group.
1https://www.theblincgroup.com/vapesurvey2021/
12 Cannabis Prospect Magazine | Junel 2023
ACCESSORIES
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THE 5 MOST COMMON MISTAKES IN CANNABIS FACILITY SECURITY
By
The last several years have seen a boom in cannabis legalization and expansion of retail and production facilities. The industry, however, continues to struggle with the nuances of physical security. With many organizations dedicated to the expansion of cannabis business, and many more consultants attempting to provide guidance on security measures, operators and designers are often overwhelmed by the choices available to secure a facility.
One must consider these risks and factors that make cannabis facilities a prime target for criminal behaviour and code violations:
» Most cannabis retailers are cash-intensive businesses, making them attractive targets for burglaries and robberies.
» Inventory and grow equipment from cultivators carry a significant risk of flammability, intensifying the need for life safety code compliance, fire safety and clear and compliant means of egress.
» The inventory itself carries a high street value, further making it an attractive mark for criminal activity.
Security, safety and compliance should be more than afterthoughts as they are key to ensuring business continuity. With the introduction of unique locking solutions specific to securing cannabis facilities, five recurring challenges continue to stand out. To avoid these mistakes, one must fully understand the principles of security that are particular to cannabis facilities. Consider how these mistakes have surfaced within the industry, as well as the measures outlined to avoid them.
Mistake #1: Not Following Codes and Regulations
Code compliance is a priority when preparing any facility to begin business operations. End-users tell us that codes are more strictly enforced at cannabis facilities, and the penalties are steep. Build a relationship with the local fire marshal and refer to published local resources as to what is needed in order to adhere to code. For materials and hardware, connect with an experienced consultant or speak directly with the manufacturer. Consequences for failure to comply with codes can consist of heavy fines and the possibility of seizure, or worse, the structure being
destroyed in a fire. It is crucial to understand not only federal, but also city regulations, regardless of location. This will significantly reduce the chances of a business being fined or shut down for not adhering to code.
Mistake #2: Poor Perimeter Security Measures
As cannabis facilities remain targets of organized crime, one should assume that would-be burglars will come prepared. An excellent system to refer to when making sure perimeter security suffices is a set of principles known as CPTED (pronounced “sep-ted”) or Crime Prevention Through Environmental Design. One principle of CPTED is ensuring there’s proper, long-lasting lighting throughout a facility. LED lighting is recommended, as it’s the longest-lasting option and gives off the most lumens, making it more likely to ward off intruders.
Another principle of CPTED is to make sure a facility is constructed using proper materials. Walls should be built as solidly as possible. Materials like drywall have little structural integrity, making it easy for intruders to simply break through and enter a facility without using the designated entryway.
Securing all access points is crucial to adhering to CPTED and promoting better perimeter security in general. Any opening that grants access to your facility, such as doors and extending to windows and roof maintenance trap doors, should have proper reinforcements. It helps to properly secure all access points and source suitable materials for them. Windows, for instance, should be made from riot-proof glass in case of ramming or being struck with a projectile. Doors are best made of 16-gauge steel, providing optimal rigidity to your entryway. Pairing your entry doors with multipoint locks (locks that secure the door to the frame just like as a bank vault door) has been shown to be the most effective at stopping burglaries.
Mistake #3: Poor Access Control Procedures
It is estimated that about 12% of cannabis facilities will experience inventory shrinkage. One study found that cannabis facilities have a 1-in-2 chance of being broken into. To avoid risks, each facility should be equipped with rigid access control systems and procedures. One commonly found mistake in cannabis facilities’ access control is
keeping old doors to save money and assuming that a standard commercial lock is sufficient. They are not.
Another easily preventable access control error is the installation of the wrong locking hardware. Hardware installed on emergency exit, egress and inventory doors must meet requirements that differ drastically from the everyday hardware typically installed. While it is easy to overlook, being wary of the sophistication of burglars and the significance of codes will pay dividends in the long run.
Saving dollars by keeping an old, less secure door or lock may wind up costing thousands more in damages and losses. Proper access control procedures also extend to employee access and inventory rooms.
Mistake #4: Poor Intrusion Protection
One of the keys to intrusion protection and loss prevention is camera placement. If one additional camera is positioned within the frame of another’s lens, should an intruder tamper with one, the other will continue to capture footage. Additional hardware in a facility’s intrusion protection system should include proper mesh walls and fasteners as well as TL-rated safes. TL-rated safes differ from gun safes in that they can endure more damage while maintaining integrity, much like a multipoint locking system.
Mistake #5: Poor Processes and Procedures
An adequately secured cannabis facility is weakened by an improperly trained staff. If an operator fails to promote the proper workplace practices to ensure the highest level of security and care when overseeing a facility and its stock, the likelihood of shrinkage becomes greater.
The correct procedures and processes must be posted, and enforced, with operators constantly checking in to see if employees are following their steps properly. Refresher training sessions for both novice and established employees should be given regularly. Begin by employing only the best candidates. With a culture of honesty and accountability, employees will be vested in following the proper procedures and can be more easily trusted to manage your product with care.
By Brian Crombeen, V.P. - Edwards Door Systems Limited and Mark Berger, President – Securitech.
18 Cannabis Prospect Magazine | June 2021
SECURITY 14 Cannabis Prospect Magazine | June 2023
Brian Crombeen, V.P. - Edwards Door Systems Limited and Mark Berger, President – Securitech
Concerned About BREAK-INS ?
…
Boreal Cultivation: The Original Craft in the Northwest Territories
By Christina Michael
At Cannabis Prospect Magazine, we recognize the importance of showcasing the exceptional craftsmanship and unique offerings of small-scale cannabis cultivators. With Cultivation Corner, we celebrate the dedication and passion that goes into producing top-tier cannabis products, providing you the opportunity to discover hidden gems in the ever-expanding market.
Boreal Cultivation, the first licensed commercial cannabis producer in Northwest Territories (N.W.T.), is making waves in the cannabis industry with its innovative approach. This article explores Boreal Cultivation’s dedication to quality, sustainable practices and the anticipation surrounding their upcoming product launch. We are thrilled to announce its partnership with AGCO for its Ontario market debut in August 2023. Moreover, the team at Boreal eagerly awaits connecting with Ontario retailers in June and July to foster relationships, provide education, and create exciting opportunities to engage directly with the team.
A Legacy of Passion and Expertise: From its humble beginnings, Boreal Cultivation has been an innovative licensed micro-cultivation facility in Yellowknife. N.W.T. residents may have already seen the Boreal name at their local cannabis vendor, and soon Canadians and retailers outside the territory will get to experience it too.
Unveiling Boreal Cultivation’s Unique Strains
While Boreal Cultivation has been successfully selling its products within its home territory and Manitoba, and Saskatchewan, the excitement intensifies as it prepares to launch its unique N.W.T. brand in Ontario this August. After an exhaustive process of growing and testing 28 varieties, it has carefully curated an exceptional selection, including its flagship strain, Gas Banana, that will be available in a seven-gram flower format in Ontario this August as as well the Yukon and Nunavut currently territories sold in. Boreal spent two years popping seeds
and pheno hunting to narrow down 28 strains to their eight current strains (including our flagship GasBanana strain set to drop on the OCS for August).
implementation phase of incorporating solar power to offset high utility costs and the use of on grid power, heat recapturing- which would take heat from the grow rooms and distribute to heat the facility as Boreal pays high fuel costs to heat their facility.
Expanding Market Presence: As Boreal Cultivation’s products are already selling successfully at home, MB and SK, its upcoming partnership with AGCO for its Ontario market launch in August signifies an exciting milestone. In preparation, Boreal Cultivation eagerly anticipates connecting with Ontario retailers in June and July to establish meaningful partnerships, offer educational resources, and provide unique opportunities for direct engagement with its team and brand.
Driving Economic Growth and Sustainability: Boreal Cultivation goes beyond cannabis production by contributing to the local economy and championing sustainable practices. It provides employment opportunities and prioritize energy efficiency to minimize its carbon footprint. Through its environmentally conscious cultivation techniques, vertical farming, etc. Boreal Cultivation sets a precedent for responsible cannabis cultivation. With an emphasis on indoor cultivation, Boreal Cultivation utilizes legacy knowledge coupled with new techniques to maximize productivity and minimize costs. Boreal is the design/
A Passion for Cannabis Beyond Profit: For Jordan Harker and his team, cannabis represents more than just financial gain. They believe in the transaformative power of cannabis and are dedicated to producing high-quality products that enhance the lives of their consumers. This unwavering commitment to cannabis drives their pursuit of excellence and distinguishes Boreal Cultivation in the industry.
Boreal Cultivation’s dedicated efforts in cannabis cultivation have established it as a key player in Northwest Territories and beyond. Stay tuned for the remarkable developments from Boreal Cultivation as it continues to play a micro, but mighty, role in the cannabis industry with its passion, expertise, and exceptional product offerings.
18 Cannabis Prospect Magazine | June 2023
CULTIVATION CORNER
HOW TO ATTRACT AND RETAIN STAFF IN A COMPETITIVE RETAIL ENVIRONMENT
By Chris Jones, Founder & President of CANNABIS XPRESS
CANNABIS XPRESS is a chain of cannabis retail stores with 14 locations in Ontario and three locations opening in New Brunswick, which will make it the largest private retailer in the Province of NB. It is in the top 5% of retailers based on store count, and in the top 1% of licensed cannabis companies that are profitable in Canada. CANNABIS XPRESS prides itself on offering its customers a quick, easy, hassle-free cannabis shopping experience.
Attracting and retaining staff in Canadian cannabis retail requires a tailored approach that takes into account both the specific needs of the business and its employees. In this article, we will look at several strategies that can be employed to your cannabis store:
OFFER COMPETITIVE COMPENSATION AND BENEFITS
As a starting point, it’s essential to offer competitive compensation and benefits packages that are inline with industry standards. This includes offering fair salaries, health insurance, retirement plans and other perks like paid time off. It’s important to regularly review and adjust compensation and benefits packages to remain competitive.
PROVIDE OPPORTUNITIES FOR GROWTH AND DEVELOPMENT
Many employees are looking for opportunities to grow and develop their skills, such as training programs or mentorship opportunities. These can be a great way to attract and retain staff members. As the business expands, it may be necessary to hire new staff members for different roles. Offering training programs and opportunities for career advancement can help to retain employees and ensure they are prepared for new responsibilities.
FOSTER A POSITIVE COMPANY CULTURE
Creating a positive company culture that values diversity, inclusivity and collaboration can be a powerful tool for attracting and retaining staff members. This includes creating a supportive work environment where employees feel valued and respected. As the business expands to other provinces, it may be necessary to adjust the company culture to reflect the values and needs of the local community. Creating a sense of community among your staff can help build loyalty and encourage teamwork. Consider hosting team-building
events, social outings and other activities that allow your staff to get to know each other outside of work.
OFFER FLEXIBLE SCHEDULES
Many employees are looking for flexibility in their work schedules. Offering flexible scheduling options, such as part-time or remote work, can be a great option for employees. It may be necessary to adjust scheduling policies to reflect current labour laws and regulations as the business expands to other provinces.
EMPHASIZE SAFETY AND COMPLIANCE
Working in a cannabis retail business comes with unique risks and challenges. Emphasizing safety and compliance in the workplace can help employees feel secure and valued, which can lead to higher job satisfaction and retention in the longrun. It’s important to provide regular training on safety and compliance protocols to ensure that all employees are aware of the risks and know-how to mitigate them.
PROVIDE INCENTIVES FOR PERFORMANCE
Offering incentives for performance, such as bonuses or commissions, can be a great way to motivate employees and encourage them to work harder. This can also help to retain top performers in the business. Keep in mind, it may be necessary to adjust incentive programs to reflect the local market and competition.
CREATE A POSITIVE WORK ENVIRONMENT
People want to work in an environment that is welcoming, supportive and fun. Emphasize the positive aspects of working in the cannabis industry, such as the opportunity to help people, learn about new products and work in a growing field. Encourage your staff to
share their ideas and feedback with you, and be open to their suggestions for improving the workplace. This can help build a culture of trust and collaboration.
LEVERAGE SOCIAL MEDIA AND JOB BOARDS
Use social media platforms like LinkedIn and Twitter to advertise job openings and reach potential candidates. Post job listings on popular job boards like Indeed, Glassdoor, and Monster.
BUILD A REFERRAL PROGRAM
Encourage current staff members to refer their friends and family members to apply for open positions. Offer incentives, such as bonuses or prizes, for successful referrals.
HIGHLIGHT YOUR COMPANY’S MISSION AND VALUES
Many people are passionate about working for a company that aligns with their personal values. Be clear about your company’s mission and values, and emphasize how your retail store is making a positive impact on the community.
RECOGNIZE AND REWARD ACHIEVEMENTS
Celebrate your staff’s successes and recognize their hard work with rewards, bonuses and other incentives. This can help build morale and reinforce the value of your employees.
Retail staff retention can be a challenge in any industry, and the cannabis industry is no exception. However, there are some strategies you can use to retain your staff and build a loyal, committed team. By implementing these strategies, the business can create a supportive and engaging work environment that attracts and retains top talent.
HUMAN RESOURCES
20 Cannabis Prospect Magazine | June 2023
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ABOUT THE AUTHOR
Alexandre is passionate about terroirs and botany. Being fervent of a constant education on a vast panorama of subjects, going from territorial development to the business world, from molecular sommelier to botanical extractions and more, he deploys a unique range of skills. His passion for world cuisines and adventure led him to travel the globe for several years to perfect his techniques. This allowed him to work with cannabis on four continents, in several environments, both traditional and at the cutting edge of technology. Co-founder and Chief Innovation Officer at Gayonica, a company specializing in extraction and cannabis product development, his daily life is oriented toward research and development of innovative extracts and formulations. He devotes his efforts and his knowledge to the service of the cannabis industry by promoting education and contributing to socially and ecologically responsible projects. His position as President of the Quebec Council of Edible Cannabis allows him to participate in multiple lobbying actions and industrial mobilizations, thus facilitating the advancement of practices and knowledge on cannabis.
The New Frontier of Cannabis Edibles
By Alexandre Poulin, Co-founder and Chief Innovation Officer at Gayonica
For several years, I’ve had the chance to travel to some of the greatest and most ancient cannabis producing regions in the world. This has allowed me to observe deeply-rooted cannabis-processing cultures and access knowledge that was passed on from generation to generation going back to millennia. One thing all these regions have in common is the use of wholesome and nutritious ingredients in the making of their cannabis edibles. In their composition, we often find nuts, honey, spices, fruits and flowers assembled to provide the body with nutrients, cannabinoids and other functional ingredients. These traditional edibles provide the body with the combined benefits of cannabis and numerous superfoods.
Old World edibles, as I like to call them, are often linked to specific purposes, from their making to their consumption. Let’s take the Bhang Lassi, for example. This ancient beverage is consumed in India in the wake of the Holi Festival, oriented toward the deity Ganesh, patron of the arts, science, intellect, and wisdom. It’s a rich mixture of warm milk, honey, hashish, nuts, spices, flowers and rose water. From gut health to divine contemplation, each ingredient was chosen to play very specific roles in this sacred mixture. Even though the beverage, now popular with tourists and visitors, is also consumed outside this sacred festival, it finds its deep roots in the context of sacred rituals that are several thousand years old.
The Majoun, a composition of dates, nuts, spices, flowers, and honey, is also one of the main Old World edibles that carry out this strong tradition of combining wholesome ingredients with cannabis extracts. Majoun is consumed from Morocco to India and has various local nuances, but always with the aim of nourishing the body and mind.
These examples demonstrate that cannabis edibles are so much more than mere vehicles for cannabinoids that we mostly find on retailer shelves today. The simplistic formulations dominating our industry are, in my opinion, a result of prohibition. The last decades of prohibition have imposed strong pressure on both producers and processors. The illegal nature of our beloved plant has tempered innovation when it comes to product development. This illegal industry needed to have efficient ways to produce and distribute these prohibited and beneficial molecules. Evidently, the natural response wasn’t to dig into cannabis’ significant and rich past relation with human civilizations. It was to provide modern and “slick” ways to get past the proverbial radar.
One of the real gifts of legalization is the freedom to use modern technological innovations, combined with thousands of years of traditional knowledge. With these two incorporated together, we’ll be able to transcend the new frontier of cannabis edibles. As our industry matures, we’ll get to understand the true potential of cannabis. In my book, we haven’t seen anything yet.
As a legacy professional with a chef and sommelier background, I’ve been working with cannabis and flavours for the better part of the last decade. Most of my work revolves around extraction and researching new and innovative ways to combine the benefits of cannabis with superfoods, functional ingredients, vitamins, and nutraceuticals. I’d like people to see another side of cannabis edible consumption; one that is natural, well dosed, healthy and in perfect synergy with other components of the product. I can confidently say that we, at Gayonica, are there now. Through our brand Jublee we are introducing natural fruit bites that are directly inspired by these wholesome Old World edibles. The democratic and destigmatized understanding of this plant’s potential will grow organically toward a more trackable, diverse, educated and wellness-oriented demand.
The goal of this article is to shed light on the importance of traditional knowledge in moving forward in the edible segment, but there are, of course, many other aspects of the new frontier of cannabis edibles. The use of minor cannabinoids allows the formulator to craft even more specific effects. The new studies on flavonoids are eye-opening: the potential of the cannflavins family is very promising in helping to understand the different effects of full-spectrum crude extracts and solventless products versus distillates and isolates. Understanding the effects and interactions between these beneficial molecules will allow for a whole new generation of products to be crafted. The products using nanoemulsification are now offering different and faster metabolic pathways. For a while, just having a stable edible with a good enough texture and flavour were plenty to thrive in our market.
Thankfully, those days are over.
IN PARTNERSHIP WITH
Operational Considerations from Seed-to-Sale
By Christina Michael
Cutting corners is not an option when it comes to cannabis. Operating costs pose a significant challenge for cannabis companies in Canada, including, but not limited to, regulatory compliance, banking, taxes, insurance, security and surveillance, software, talent acquisition and various other expenses along the way. As the industry approaches its fifth anniversary it needs to reassess these costs while remaining compliant with regulations, making it that much more crucial to partner with ancillary service providers to enhance financial stability, capacity and profitability.
The federal government has established strict rules that encompass all aspects of cannabis cultivation, production, retail sales and marketing. Complying with these intricate and expensive regulations often necessitates significant investments in specialized staff, equipment and infrastructure. With this in mind, here are some required ancillary services to reduce operating expenses and foster success.
BANKING
Strict anti-money laundering and KYC (Know Your Customer) regulations that banks and financial institutions must follow pose compliance challenges for the Canadian cannabis industry, leading to limited access to traditional banking services for many businesses. The Canadian federal government amended the Proceeds of Crime (Money Laundering) and Terrorist Financing Act in 2018, enabling banks and credit unions to offer financial services to legal cannabis businesses. Some credit unions and private lenders offer more flexible terms and are willing to work with cannabis companies.
Some Canadian provinces, such as Ontario and British Columbia, consider creating public banks or credit unions solely for the cannabis industry, requiring significant regulatory and legislative changes. Some also explore cryptocurrency and blockchain technology for financial transactions but these require proper education and understanding to implement these complex services. Bottom line, banking continues to impede business opportunities, making it difficult to own and operate a licensed cannabis company in Canada.
HIGH TAXATION
The cannabis industry has been heavily affected by the high taxation imposed on it, resulting in significant consequences. The taxes levied by federal and provincial governments have caused cannabis products to become more expensive, thereby reducing the industry's competitiveness and threatening operational stability. Small companies are struggling to compete, leading to the collapse of the industry, consolidation and acquisition, causing many investors to lose their investments, take on increased debt loads and leave the industry altogether. A fair and balanced taxation system is necessary to support the growth of the industry while generating revenue. Despite the compelling arguments presented by advocacy groups to reduce taxation, it remains a barrier to the sustainability and progress of the industry.
INSURANCE
Insurance is a crucial tool for mitigating risks in the Canadian cannabis industry. Available policies including general liability, product liability, crop, property and directors’ and officers’ insurance are just some of the products to consider in this
Regardless of what aspect of the Cannabis Industry you are in, Axis Insurance Manager’s Shaun Mann and Sasha Spasojevic have the knowledge and expertise needed to navigate through the evolving landscape. Risk management is our specialty, and we are here to build lasting relationships.
-- Shaun Mann, Account Manager, Axis Insurance
vertical. It's important for business owners to work with an insurer that understands the unique challenges of the industry and ensures adequate coverage. Nonetheless, as the industry grows and becomes more mainstream, insurance options are expanding to support the industry.
SURVEILLANCE
Surveillance providers are crucial in Canada's cannabis industry for compliance with regulations and ensuring security. They offer advanced surveillance systems to monitor facilities and retail environments, which are essential to meet strict security requirements. These security systems typically include cameras, motion detectors, and other monitoring tools that help companies comply with regulations. Apart from meeting regulatory requirements, surveillance providers also help optimize cultivation and processing operations. They provide data and analytics on temperature, humidity, water usage and nutrient levels, enabling companies to improve their operations' efficiency. Additionally, surveillance providers offer compliance and regulatory monitoring tools that ensure companies comply with relevant laws and regulations.
SOFTWARE
Cannabis cultivation software is designed to help growers manage their entire cultivation process, from seed to sale. This software assists with tasks such as tracking plant growth and health, managing inventory and monitoring environmental conditions. It can also help growers ensure compliance with government regulations by keeping detailed records of all aspects of the cultivation process.
In the retail sector, cannabis software manages point-of-sale systems, tracks inventory, and monitors customer behaviour. This software can also provide insights into sales trends, customer preferences and product performance, allowing retailers to make informed decisions about inventory management and marketing strategies.
QUALITY CONTROL
Licensed producers in Canada face a significant cost in ensuring quality control for their products. While there are no shortcuts to quality control, there are areas where operating costs can be reduced. It’s advisable for businesses to take the time to review their operating cost line items and reach out to professionals in each specific area to discuss current needs, enhanced options and cost-saving opportunities. By doing so, producers can find ways to reduce costs, while still maintaining the necessary level of quality control.
SUPPLY CHAIN
Canada's provincial gatekeepers are a significant challenge to the cannabis supply chain. Slow and inefficient procurement processes and differences in provincial frameworks for retail and distribution create delays and inefficiencies. Ongoing innovation and collaboration between federal and provincial regulators offer hope for a more efficient supply chain in the future. However, these changes can’t come soon enough for the
industry. This has made it difficult for companies to reach consumers and has limited the growth potential of the industry. Supply chain disruptions also contribute to the inability to operate and meet demands, including the COVID-19 pandemic and government strikes while over taxation affect the industry's ability to operate and meet demand.
ENERGY
Growing cannabis requires a significant amount of electricity and other resources, which can be expensive for companies to purchase and maintain. The Canadian government has implemented some programs and initiatives to support energy consumption in cannabis cultivation. One of the main programs is the Energy Efficient Agriculture Program (EEAP), which provides funding to farmers and agricultural businesses to improve energy efficiency and reduce greenhouse gas emissions.
TALENT ACQUISITION
The Canadian cannabis industry has grown rapidly, creating a high demand for skilled workers, but also its own challenges. These include a shortage of experienced workers, competition with other industries, strict regulations and lingering stigma surrounding cannabis use. Although cannabis companies can address these challenges by offering competitive compensation and benefits, providing training and development opportunities, fostering a positive work culture and promoting the benefits of working in the industry all require additional costs associated with operating a business far beyond other industries.
The Canadian cannabis industry faces significant challenges related to operating costs, but reassessing these expenses is critical to remaining competitive and profitable. By partnering with ancillary service providers, attracting, and retaining top talent, eco-friendly practices, and differentiating themselves, businesses can position themselves for success in this rapidly evolving industry.
June 2023 | Cannabis Prospect Magazine 25
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Operating costs pose a significant challenge for cannabis companies in Canada, including but not limited to regulatory compliance, banking, taxes, insurance, security and surveillance, software, talent acquisition and various other expenses along the way. Cutting corners is not an option when it comes to cannabis.
JC Green Expands Fanshawe College’s Capabilities in Hydrocarbon Extraction and Wipe Film Distillation
By Andrew Kaszowski
An R&D project undertaken by Canadian cannabis producer JC Green, partnering with Fanshawe College’s Centre for Research and Innovation (CRI), has furthered advancements in hydrocarbon extraction and wipe film distillation.
Hydrocarbon extraction has established itself as the first step, go-to process for producing high-quality THC resins. This has tremendous benefit to industry due to the flexibility in input starting material that allows the production of prized live-resins, as well as the more traditional high-THC resins seen in vape products. Compared to other extraction methods such as alcohol or CO2, hydrocarbon extraction is comparatively quick. This speed allows for high throughput and efficient production with a smaller space footprint, which can be a benefit for large-scale cannabis operations.
JC Green is a company that specializes in cultivating and processing high-quality craft cannabis and cannabis products for both the medical and recreational markets. In 2022, JC Green built an on-site extraction room to increase quality control over their products and to bring new ones to the cannabis market. The company partnered with London, Ontario-based CRI to commission and optimize their hydrocarbon and distillation unit operations.
“We thought it would be advantageous to work with CRI to utilize the strengths of an educational facility,” says Robert O’Neill, CEO of JC Green. “They offer lab expertise, testing equipment and the ability to properly compile and analyze data.”
The CRI team was led by two cannabis industry pioneers: Sahar Samimi, PhD and Istok Nahtigal, M.Sc., C.Chem, both of whom have previous experience at MedReleaf. They were supported by seasoned project manager Ian Butcher, PhD. Fanshawe College student research assistants Anish Oommen and Malaika Khan both worked on site at JC Green, compiling data and samples that were analyzed at CRI’s lab facilities. The team’s extraction and purification experience from the large-scale domestic and international cannabis industry, combined with their strong, strategic view of process techno-economics, was invaluable to this project. It allowed them to streamline and reduce unnecessary over-processing to produce high-quality, reproducible products.
“Understanding the technical capabilities of equipment is central to determining what can be realistically achieved,” says Nahtigal. “Once this is defined, training and honing the technicians and operators to make the process run like clockwork enables the producer to provide constant supply
to the market, while keeping their operation costs to a minimum.”
With all the benefits of hydrocarbon extraction, further refinement is often warranted to improve the characteristics of the crude resins. Wipe film distillation is the secondary process that takes the crudes produced by hydrocarbon extraction to the next level by fractionally separating them into three main compound classes: terpenes, cannabinoids, and plant fats and waxes. The central function of wipe film distillation is potency enhancement through the removal of terpenes and waxes which allows product developers to customize and formulate products with desired properties, flavours and effects, meeting the preferences of different consumer segments. Through this project, CRI’s team applied its expertise to tuning both hydrocarbon extraction and wipe film distillation processes.
JC Green’s goal for this project was to optimize set points for hydrocarbon extraction to produce a clean, high-purity distillate and premium extracts with the highest yield. Throughout, it was also crucial to establish the proper balance between labour and efficiency.
In their research, CRI’s team was able to maintain the same input biomass, as well as all other constants, to optimize temperature set points and biomass soak times. This established the most efficient parameters to incorporate into JC Green’s standard operating procedures (SOPs) for their extraction process. Similarly, with their distillation optimization, CRI was able to use the same starting biomass to establish the most efficient running temperatures and speeds to reduce the number of passes through the system from three down to two passes, while optimizing the purity of the final product. They were also able to use what was thought
to be a by-product material from the second pass, and easily put it through another process to extract a further 10 to 20 per cent yield of high-quality distillate. Through their work, the researchers gained a deeper understanding of when different terpenes were lost in the process and how to recover them throughout each process.
The results of this collaboration between JC Green and CRI have led to learnings that can benefit other partners in the cannabis industry. Nahtigal adds, “As with any extraction process, a masterfully tuned process that includes capable equipment and skilled personnel is key to enabling cannabis product producers to deliver products that generate interest due to the attributes, quality and consistency from batch to batch.”
“Overall, the venture was a success,” says O’Neill. “We were able to optimize our entire process from crude extraction to final distillation. The main highlights are that we optimized our output through hydrocarbon extraction, as well as introduced some upgrades to the system that save on labour and consumable materials. We optimized our set-points on our distillation equipment to reduce the number of passes through the equipment, increase the purity of the final product and increase our overall yield. Finally, the students got handson experience in a new, heavily regulated industry including assisting us in creating the standard operating procedures our technicians will implement going forward.”
Andrew Kaszowski is an Industry Outreach and Communication Coordinator, Fanshawe College Centre for Research and Innovation (CRI).
Photos were provided by JC Green.
26 Cannabis Prospect Magazine | June 2023
EXTRACTION
Ready to boldly go, with a little extra pep in your step? Deep Space is launching two new cannabis beverages to its lineup, making it the first in the Canadian market to combine cannabis and caffeine in a beverage. Each with 10 mg THC, 30 mg of naturally occurring caffeine and 10 mg of CBG, Deep Space Propulsion Pulsar Peach and Deep Space Propulsion Cosmic Cherry Lime take cannabis beverages to a higher level. A choice between a peach soda with vibrant notes of honeydew and cantaloupe in the Deep Space Propulsion Pulsar Peach or a punch of zesty lime in a bold cherry soda in the Deep Space Propulsion Cosmic Cherry Lime, the 355ml beverages combine lively natural flavours – perfect for those looking to stay connected and enjoy spring’s longer days.
Inspired by the most Canadian drink ever, the THC-SAR (left) is the latest addition to the House of Terpenes Canntinis’ line of trueto-taste cannabis mocktails. With taste continuing to be the main driver of purchase consideration for CIB, the THC-SAR offers flavours of spicy tomato, umami flavors of clam, Worcestershire, celery, and black pepper, giving Canadians a new (smoke-free) way to Wake & Bake. In addition to the THC-SAR, Truss has also added Mollo 10 (right) to its award-winning portfolio. A thirstquenching cannabis brew with 10mg THC + 10mg CBG for those who still want to enjoy ‘beer’, but without the hangover. THC-SAR & Mollo 10 has been available at licensed cannabis retailers and the OCS.ca since early May.
Majoun™, a premium brand of artisanal cannabis edibles, announced its official launch in the Ontario market in early May with the release of two signature flavours, Desert Rose, and Moroccan Gold, which are based on traditional Middle Eastern and North African flavours. They will be available for purchase at cannabis retailers throughout Ontario. Majoun™ is the original edible, based on the first recipes of cannabis confections, rooted in the ancient Islamic world. Majoun™ is proud to be bringing edibles back to their roots using only high-quality, natural ingredients, with no additives, fillers, or preservatives. Majoun™ is offering the cannabis consumer a healthier alternative to what currently exists in the market. Majoun™ is made with only the highest-quality dried fruit and nuts and spices and is handcrafted in small batches to ensure consistent quality and an authentic experience. For more information, please visit majoun. ca.
Greybeard’s Live Resin Vape Slymer
Aurora Cannabis, the Canadian company opening the world to cannabis, announced a fresh lineup of innovative products. Coming soon to patients at Aurora Medical and to consumers at retail stores across the country, the company’s expanded portfolio includes newly developed cultivars, strain-specific gummies and aromatic vapes.
Slymer Live Resin Vape (5101g) – Made from 100% pure live resin, Slymer is named for its abundant trichome production and exceptional pine and lemon aroma for a fresh and invigorating true-to-strain experience. Through Aurora’s best-in-class genetics breeding program, backed by extensive consumer research and development, Aurora continues to focus on expanding its portfolio of product offerings, while developing unique cultivars and formats that appeal to a wide variety of patients and consumers.
Deep Space Propulsion THC-SAR & Mollo 10 PRODUCT SHOWCASE 1 2 2 3 4
3 4 1 June 2023 | Cannabis Prospect Magazine 27
New Flavours from Majoun™
6 (Liability) Reasons to Mitigate Your Privacy & Data Breach Risks
By David Fraser & Sarah Anderson Dykema
The goal is to have a plan to mitigate the risk a data breach will happen – but be ready for the liability exposure your organization will face when it does: penalties for breach of privacy laws against the organization and potentially its directors personally; a (typically public) privacy commissioner investigation and related time and costs, including notification of all affected individuals; negative publicity and reputational damage; the cost of being unable to carry on business and potentially closing; and, of course, the inevitable and increasingly common privacy breach civil lawsuits, including class actions, that seem to follow every significant data breach.
Canadian law around civil claims for privacy and data breaches has been developing incrementally. But increasing data breach attempts (by increasingly sophisticated bad actors) and successes will likely accelerate the rate. These are the six key legal claims that we’re seeing made in Canada for privacy breaches so far.
INTRUSION UPON SECLUSION
In the 2012 case that kicked off the privacy lawsuit explosion in Canada, the Ontario Court of Appeal recognized a civil claim for invasion of privacy in Canada: “intrusion upon seclusion”, requiring the plaintiff prove:
» The defendant intruded on their seclusion or private affairs, physically or otherwise.
» The defendant did so intentionally or recklessly.
» The defendant did so without lawful justification.
» The intrusion would be highly offensive to a reasonable person, causing distress, humiliation or anguish.
Until recently, an outstanding question was whether the “reckless” requirement means an organization that didn’t properly handle or safeguard information it held could be liable for intrusion upon seclusion where a third party hacked into it. But in a trilogy of 2022 cases, the Ontario Court of Appeal answered that question with a
“no”: only the party that actually does the intruding – the hacker - can be liable for intrusion upon seclusion. But the hacked organization is still exposed to liability on other bases. The plaintiff doesn’t have to prove they suffered a financial loss, but courts have held that any award in a case without a direct financial loss should be modest, though still enough to recognize the wrong done. There’s a range of compensation; a number of factors are relevant to determining where in that range a particular case falls.
PUBLICITY TO PRIVATE LIFE (AKA PUBLIC DISCLOSURE OF PRIVATE FACTS)
In January 2016, the Ontario Superior Court of Justice dramatically expanded the liability exposure for breach of privacy when it recognized a legal claim for “publicity to private life”. While that case involved what is often called “revenge porn”, the claim could equally apply to data breaches by businesses that are the custodians of sensitive personal information, particularly if they hold it “in confidence”, which implicitly includes any information the business holds under the Personal Information and Electronic Documents Act (PIPEDA) (or it’s possible successor, the Consumer Privacy Protection Act). To succeed in a claim for public disclosure of private facts, the plaintiff must prove:
» There’s a public disclosure of facts.
» The publicly disclosed facts are private facts.
» The facts disclosed would be offensive and objectionable to a reasonable person.
Since Canadian courts have only recently recognized this type of privacy breach claim, its full parameters haven’t yet been fully developed. However, the thrust of the decisions so far seems to be that it’s the actual wrong-doer (for example, the hacker) that would be liable (if at all) for the public disclosure of private facts, not the organization that was the original custodian of the information (the hacked organization).
NEGLIGENCE
Parties have relied on negligence to address privacy claims, particularly where alleged carelessness or lax security have resulted in unauthorized disclosures of personal information. To succeed in a negligence claim, the plaintiff must prove:
» They suffered some damage.
» They weren’t contributorily negligent or didn’t voluntarily assume the risk.
» The defendant’s conduct caused the damage the plaintiff suffered.
» The defendant owed the plaintiff a duty, which the law recognizes, to avoid this damage.
» The defendant’s conduct was negligent, that is, it breached the legal standard of care.
» The defendant’s conduct was a proximate or legal cause of the damage; the damage isn’t too remote a result of the defendant’s conduct.
Regulatory statutes can serve to establish both the duty of care and the standard of care for protecting personal information from misuse. The advantage of a negligence claim to a plaintiff is that courts are familiar with it: they understand it and accept it. A disadvantage, however, is that the plaintiff must prove it suffered damages. Courts have generally found that an increased risk of harm related to identity theft or fraud, or fear of it happening and, in part, the cost of measures taken to mitigate harm (for example, credit monitoring or changing payment cards) as just part of ordinary life and not compensable harm. But if the plaintiff can show real, tangible harm, then negligence is a viable foundation for a privacy claim.
BREACH OF CONFIDENCE
This is the “one to watch”. One advantage for a plaintiff – and detriment to a defendant – is that this is an “equitable” claim: courts have great latitude to fashion appropriate remedies, including non-monetary damages like ordering a defendant to do (or not to do) certain things,
removing from a defendant the profit it gained from lax security practices that led to the breach of confidence, or ordering aggregate damages to a class of plaintiffs. In some countries, breach of confidence is one of the main types of privacy breach claims. Canadian courts have gone both ways on certifying class actions based on breach of confidence. There aren’t yet any Canadian court decisions on its merits in a privacy context. However, it seems the plaintiff must prove:
» Information is communicated in confidence.
» The party that received the information misuses it.
It’s not yet entirely clear whether the plaintiff must also prove that the misuse was detrimental to the plaintiff.
BREACH OF CONTRACT
If there’s a contract between the party claiming a privacy breach and the party it alleges did the breaching, the privacy breach might support a claim for a breach of contract, especially if the
contract includes any commitment to secure personal information. In some cases, a privacy policy may be interpreted to be a contractual commitment to the customer. The plaintiff must prove:
» There’s a binding contract between the plaintiff and defendant.
» The defendant breached an express or implied term of the contract.
» The breach caused the plaintiff to suffer a loss.
The advantage of this claim for plaintiffs is that courts are also familiar with them. Even if there isn’t a contract between parties or there’s a contract but no privacy-related provisions, a claim could be based on a privacy policy if a court decides it amounts to a standalone contract or is incorporated into a company’s more general service-related agreement.
STATUTORY LAWSUIT FOR BREACH OF PRIVACY
Five provinces have created a statutory lawsuit for invasion of privacy (British Columbia, Manitoba, Saskatchewan, Newfoundland and Labrador and Quebec). In each, the language is relatively broad, and they parallel each other. When the federal government passes the proposed Consumer Privacy Protection Act (CPPA), it will likely allow an individual to sue an organization (within two years) for a data breach in certain circumstances - on top of the significant new fines for breaching the CPPA we expect it will also include. However, there remains some question about whether a statutory claim ousts a claimant’s right to also sue based on one of the other types of claims.
This article is information only; it is not legal advice. McInnes Cooper excludes all liability for anything contained in or any use of this article. © McInnes Cooper, 2021. All rights reserved.
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Canadian law around civil claims for privacy and data breaches has been developing incrementally. But increasing data breach attempts (by increasingly sophisticated bad actors) and successes will likely accelerate the rate.
David Fraser and Sarah Anderson Dykema are Privacy, Data Protection and Cyber Security Lawyers at McInnes Cooper.
June 2023 | Cannabis Prospect Magazine 29
As of early April, ZaidGhanem has been promoted to the role of Chief Executive Officer (CEO), in addition to his existing role as President of the company. Mr. Ghanem was most recently TerrAscend’s President and Chief Operating Officer (COO). Mr. Ghanem has served as President and COO at TerrAscend since January 2022. Throughout his 20-year career, Mr. Ghanem held several senior leadership positions across the pharmaceutical, healthcare services, cannabis and retail industries, including serving as President of Parallel, a vertically integrated, multi-state cannabis operator.
Matt Garrett is Profile Horticulture’s new product manager. With eight years of experience at Corteva Agriscience, Garrett held various marketing roles and led the company’s specialty crop business managing nematicides, insecticides, fungicides and herbicides. Prior to Corteva, he worked at Cargill and helped launch a startup company and expand it to an international presence. Garrett earned a Master of Business Administration degree from Texas A&M University.
Mark Wilson is Profile Horticulture’s new director of sales. A University of Florida graduate with more than 35 years in horticulture and commercial agriculture, Wilson will develop strategy and structure for sales integration and product introduction, and will also build talent and identify emerging markets. He previously held positions at Ball Seed Company, Fluence Bioengineering and Syngenta Flowers.
Shiny Health & Wellness Corp. has promoted of Michael Nadeau as CEO and the retirement of Kevin Reed. Michael is a 30+ year veteran of the QSR, retail and franchising space. He has held executive positions with companies representing some of Canada’s most iconic brands, including more than 18 years with Tim Hortons as Vice President of Eastern Canada. Michael began as COO of Shiny Health in February 2022 and has led Operations, Human Resources, Marketing and Purchasing.
AirMed Canada Systems Inc.................................................................................13 AXIS Insurance....................................................................................................1,24 Ayurcann...................................................................................................................2 Blue Nose Labs................................................................................................16-17 Brokerlink...............................................................................................................19 Edwards Doors Systems Ltd./Securitech...............................................................15 Fanshawe College...................................................................................................11 Great White North Growers...................................................................................24 Greenline POS.........................................................................................................7 Greentank Technologies..........................................................................................9 Groupe SGF...........................................................................................................23 High North Labs......................................................................................................4 Lift..........................................................................................................................11 MFG Trays..............................................................................................................19 Purileaf Brands.......................................................................................................21 Sister Merci.............................................................................................................32 Advertiser Index 30 Cannabis Prospect Magazine | June 2023 APPOINTMENTS
Holy Roller Cone-Filling Machine Pre-Roll Tubes from Cannasupplies
GreenBroz Inc. presents the Holy Roller, an evolutionary leap in high-capacity pre-roll machines. It can produce 3,000+ cones per hour with unrivaled fill accuracy and consistency. The Holy Roller machine achieves an impressive output rate with unmatched consistency and only a .0012 density variance. This is over 10x more precise than any other pre-roll machine on the market. To achieve superior accuracy and efficiency, the Holy Roller uses active weighing technology and proprietary cannabis separation technology, eliminating discrepancies in cone fills and cutting down on clogs. Pre-roll producers will be able to make joints ranging from .35 grams to a full gram with one universal cone, which allows them to fulfill multiple product SKUs and streamline ordering, storage, and inventory. The Holy Roller is the only commercial cone-filling machine on the market engineered to accommodate whatever grind size the operator chooses to use, including the 3mm grind, the optimal particle size for smokability and flavour.
Cannasupplies is proud to offer a wide selection of packaging solutions ideal for single and multi-packs of pre-rolls. Its large selection of materials includes plastic, tin, glass, PHA, and more. Whether you are packing 0.3, 0.5 or 1 gram prerolls, premium infused prerolls or cannagars, our cannabis packaging experts can help you find the right packaging solution that aligns with your product. Visit http://cannasupplies.ca
High Accuracy Weighing & Packaging Solutions
For more than 30 years Abbey Equipment Solutions has been an equipment provider for the Canadian Food & Beverage and Cannabis industries. We have strategically sourced a diverse group of global equipment manufacturers that engineer and manufacture high-quality, reliable processing, inspection, and packaging machinery. If you are looking for the following, we have you covered:
» High Accuracy Weighing
» Optical Sorter for Mold & Other Foreign Body Protection
» Checkweighing
» X-Ray & Metal Detection
» Pouch Machines
» Flow Wrappers
» Bottle Filling
» Integrated Mechanical Solutions
Visit us at the Lift Expo on June 2 & 3 for more information, Booth #919. For more information on Abbey Equipment Solutions products please visit www.abbeyequipment.com
EnviroMax HEPA Filtered Laminar Flow
Enclosures are designed to isolate liquid handling workstations, HPLC equipment, sample weighing, high throughput screening, powders handling and other lab automated processes by providing exhaust air systems or HEPA filtered Laminar flow workstations. Enclosures are built to protect personnel from hazardous fumes and processes from lab contamination. Utilizing a flexible, modular design, Enclosures are engineered and built to exact customer size and design requirements. HEMCO offers a wide selection of standard sizes in vented or HEPA filtered models. For more information, please call 816796-2900, or visit HEMCO at www.hemcocorp.com/enviro.html
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