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5 PUBLISHER’S LETTER 7 NOW WE WAIT
With appointments to the cannabis control board underway, NY’s Plan for legal cannabis is finally put in motion.
8 FINANCIAL INSTITUTIONS REMAIN WARY OF CANNABIS INDUSTRY
11 LOCAL STUDY ON DELTA-8 SUGGESTS THERAPEUTIC UTILITY
12 HEADSHOP HIGHLIGHT SERIES: HEADSPACE 14 C ANNABIS & EQUITY IN NEW YORK STATE Drastic action is needed for NY to achieve its goals for equity in cannabis.
18 CANNABIS HAS A PACKAGING PROBLEM 20 WHAT IS POWDERY MILDEW? 20 CORNELL HOSTS HEMP FIELD DAY 23 INTERVIEW WITH DR. PAUL RUSHTON President & CSO at LPC Naturals
25 CANNABIS USE IN THE ELDERLY 27 LEGISLATIVE UPDATE 28 WNY CANNABIS BUSINESS DIRECTORY 30 HIGHER EDUCATION
State Colleges & Universities Move to Embrace Cannabis
THE TEAM
Publisher: Geoffrey Brown Creative Director: Justin DeLuca Distribution & Advertising: Pavel Belov Graphic Design: Alex Monterville
ADVISORY BOARD
Maria Janda, PharmD Jake Schecter, RN Terrance Bellnier, RPh, MPA Phil Sneider, PhD Michael Monzillo, MS DISCLAIMER: The information and documents herein (the content) are intended for personal, noncommercial, general informational purposes, do not constitute medical advice, and are not a substitute for the advice of a medical provider or other licensed professional. CannaBuff makes no warranty, express or implied, concerning the accuracy, completeness, reliability, timeliness, correctness, suitability, merchantability, or fitness for any particular purpose of the content, and in no event shall CannaBuff or its employees be liable for damages resulting from reading or use of the content. References to specific commercial products, or services by tradename, trademark, manufacturer, or otherwise, do not constitute or imply an endorsement or recommendation by CannaBuff.
CONTACT
PHONE: (716) 218-0624 EMAIL: Geoff@CannaBuff.com WEBSITE: CannaBuff.com
TWITTER: @CannaBuffNY FACEBOOK: @CannaBuffNY INSTAGRAM: @CannaBuffMag
Publisher’s letter New York’s progress legalizing cannabis for adult use over the past few months could be summarized by the phrase ‘Hurry up and wait’. Now with Kathy Hochul at the helm, and the office of cannabis management (OCM) starting to take shape, all eyes are on the State’s roll out of adult use cannabis policy. The main issue at hand is how the State will go about supporting the success and licensing of legacy operators, minority applicants, and entrepreneurs that’ve been harmed by the war on drugs. While we look forward to seeing this come to fruition, we’re concerned by what we’ve seen happen in other States that promise equity (such as Illinois). For that reason, we’re partnering with industry stakeholders, public officials, and policy makers to host a roundtable discussion aimed at sharing ideas the State may implement that will foster the development of a truly equitable cannabis industry in New York. More details on this will be shared soon. We’re excited to feature an article from one of NY’s cannabis thought leaders, Kaelan Castetter. Kaelan’s been named to Marijuana Venture’s top 40 under 40 and leads a specialized consultancy that’s been closely following cannabis policy development in New York for several years. Additional legislative insights in this issue include articles on cannabis and banking and a look at how the roll out of adult use is taking shape in New Jersey. We also feature an interview with Dr. Paul Rushton, a leading plant scientist from LPC Naturals, details on a local study on delta-8-THC, and much more. As always, thank you for reading CannaBuff magazine. For more about our publication and how we’re supporting the growth of a healthy and equitable cannabis industry in NY visit CannaBuff.com.
Geoff Brown Founder, CannaBuff
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TIME IS RUNNING OUT WITH APPOINTMENTS TO THE CANNABIS CONTROL BOARD UNDERWAY, NY’S PLAN FOR LEGAL CANNABIS IS FINALLY PUT IN MOTION.
N
ew York’s recreational cannabis program is finally in motion with appointments to the Cannabis Control Board (CCB) and Office of Cannabis Management (OCM) underway. The OCM is responsible for the administration of New York’s cannabis industry. For example, the OCM will be responsible for creating application forms for licenses and permits and will submit completed applications and recommendations to the CCB for final determination of who gets a license. The NYS Senate recently confirmed two delayed appointments to the CCB during a special legislative session ordered by NY’s new Governor, Kathy Hochul. Tremaine Wright, formerly a Democratic assemblywoman that represented the Bedford-Stuyvesant neighborhood, was confirmed as chairperson of the CCB. Christopher Alexander, a government relations and policy manager for a Canadian cannabis company, was confirmed as executive director of the office of Cannabis Management (OCM). The OCM is the new government regulatory agency for cannabis that will operate similarly to the State Liquor Authority. Additional appointments to the Cannabis Control Board include former state Senator Jen Metzger and Buffalo Lawyer Adam Perry. The CCB will be tasked
with oversight of NY’s cannabis industry (including overseeing the OCM) and will begin by implementing the MRTA. Adam Perry, a partner at Buffalo-based law firm, Hodgson Russ, LLP (who generously provides our legislative update column), is the State Assembly’s appointment.
“As we create the mechanisms and regulations around the new legal cannabis industry, it is critical that we have people involved that are committed to our communities and to ensuring that the industry serves the people of New York. Adam W. Perry is deeply invested in New York’s communities, and will bring that dedication to his new role and be an asset to the Cannabis Control Board."
“She is a time-tested public servant whose skills will be crucial in addressing the many aspects of this legislation and ensuring that New Yorkers have the fair and equitable adult-use marijuana market they deserve. I look forward to her leadership during this historic process.” – SENATE MAJORITY LEADER ANDREA STEWART-COUSINS
The CCB is expected to promulgate regulations and award licenses for the state's cannabis program over the next year. Cannabis sales are expected to generate as much as $350 million in tax revenue for the State, but adult use cannabis sales likely won’t begin until fourth quarter 2022, at the earliest.
Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie
– ASSEMBLY SPEAKER CARL HEASTIE
Jen Metzger, a former lawmaker serving the Hudson Valley district was appointed by the Senate.
FALL 2021 CannaBuff.com
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T
HOSE HOPING to enter New York State’s emerging cannabis industry will likely have to navigate an obstacle that many other businesspeople do not face: the reluctance of banks to deal with proceeds from the sale
of goods that are legal under state law but illegal federally. Although 18 states and Washington, D.C. have legalized recreational adult-use cannabis, it is still outlawed at the national level. The continuing federal prohibition has resulted in banking difficulties for cannabis
FINANCIAL INSTITUTIONS REMAIN WARY OF CANNABIS INDUSTRY
businesses. Cannabis entrepreneurs may thus need to make careful plans for dealing with monetary issues, including the problem of finding a secure place to deposit cash. This article explains why federal law causes financial institutions to be wary of doing business with cannabis companies, discusses recent developments in the cannabis banking world, and advises those hoping to participate in New York State’s cannabis industry as to what they might expect to face in the banking sector going forward.
SUSPICIOUS ACTIVITY REPORTS: WHAT THEY ARE AND WHY BANKS MUST FILE THEM Federal anti-money laundering laws, including the Bank Secrecy Act, require financial institutions to submit “suspicious activity reports” or “SARs” when they
Cannabis Entrepreneurs Should Plan Banking Strategy Now
suspect criminal activity. These SARs must be filed for transactions related to businesses in the cannabis industry notwithstanding the legality of cannabis on the state level. Federal law also criminalizes the deliberate engagement in monetary transactions involving the proceeds of unlawful activities, including the sale of cannabis. Guidance from the U.S. Department of the Treasury (“Treasury Department”) requires banks servicing cannabis-related businesses to complete due diligence and state in SARs that these businesses do not raise certain red flags. Despite this apparent safe harbor, banks remain wary. There is no guarantee that a bank, even after complying with the due diligence, will not be prosecuted or fined. The Treasury Department’s guidance also allows for a bank to avoid compliance obligations by
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CannaBuff.com FALL 2021
simply stating in an SAR that it has decided for
This Obama-era cannabis policy remains
stitutions because such a relationship would
business reasons to terminate its relationship
in the Treasury Department’s banking
entail intrastate (rather than interstate)
with a cannabis-related customer.
guidance. For now, financial institutions
commerce and thus be governed by state
will likely continue seeking to limit their
(rather than federal) law.
MISREPRESENTING BUSINESS DEALINGS COULD RESULT IN AN EVENT OF DEFAULT Businesspeople hoping to enter the cannabis industry should review their banking agreements to determine how they handle events of default. An event of default may occur when a representation of business dealings is found to be false or misleading, and this is common in many banking agreements. Agreements should be reviewed for whether they treat simply qualifying as a cannabis-related business as an event of default. For example, most loan agreements allow the lender to accelerate all amounts owed and terminate the loan when the borrower defaults. Thus, if a borrower were to misrepresent a material fact, it may be in default and be required to immediately bring its account
exposure to potential liability arising from cannabis-related transactions. Although the U.S. Department of Justice (DOJ) has indicated a willingness to steer clear of prosecuting state-compliant cannabis operators, federal officials have shown that they will take action against others operating in the cannabis sector. The National Credit Union Administration recently imposed a cease and desist order upon a credit union that allegedly failed to comply with the Treasury Department’s guidance for financial institutions that deal with cannabis-related businesses. Moreover, according to the DOJ, two businessmen were recently sentenced to prison after being convicted of bank fraud for allegedly deceiving U.S. banks and credit unions into effectuating more than $150
current, only to have its line of credit terminated.
million of credit and debit card purchases of
However, if a cannabis business discloses
as purchases of other types of goods.
all material facts, the question of whether qualifying as a cannabis-related business is an event of default will depend on the banking agreement’s terms.
ENFORCEMENT AND PROSECUTION INVOLVING CANNABIS PROCEEDS As a practical matter, federal officials may not be prioritizing prosecutions of those involved in the state-compliant cannabis industry. But again, banks have no formal guarantee that transacting with cannabis-related businesses will not result in criminal liability. The Obama administration’s non-binding “Cole Memorandum,” which was issued in 2013, was rescinded by the Trump administration.
cannabis by disguising those transactions
GREATER ACCEPTANCE OF CANNABIS INDUSTRY COMING SLOWLY IN BANKS AND IN CONGRESS While some financial institutions work with cannabis-related businesses, they represent only a fraction of the banking industry. American Banker recently reported that only 684 out of the thousands of U.S. banks and credit unions were offering services to cannabis-related businesses as of December 2020, and a few banks have started offering loans to cannabis companies—a step that even financial institutions that take deposits from cannabis
While some financial institutions work with cannabisrelated businesses, they represent only a fraction of the banking industry Relief for cannabis businesses could materialize through passage of the Secure and Fair Enforcement Banking Act of 2021 (“SAFE Banking Act”), a bill that has been approved by the U.S. House of Representatives and would provide a safe harbor for financial institutions that transact with state-compliant cannabis customers. But the bill’s progress has stalled in the Senate, without a clear expectation of when it will move toward becoming law.
CONCLUSION Banking is likely to continue to be a challenge for cannabis companies around the country, even in states where cannabis is legal. And unless Congress passes the SAFE Banking Act, or banks become more
firms were long unwilling to take.
willing to take risks, the situation in New
toward enforcing cannabis laws associated
What if money from cannabis sales never
with violent crimes and minors, and away
crosses state lines? Cannabis businesses in
light of these obstacles, potential cannabis
from taking action against businesses that
New York may be able to receive banking
operate legally under state law.
services with New York-based financial in-
The memorandum guided federal prosecutors
ARTICLE WRITTEN BY:
Tristan D. Hujer is a partner at Phillips Lytle LLP, where he focuses his practice on class action, business and commercial litigation, representing companies in the financial, energy, health care, technology and cannabis industries. He can be reached at thujer@phillipslytle.com or (716) 504-5728.
Joseph W. Schafer is an attorney at Phillips Lytle LLP, where he concentrates his practice in the areas of commercial litigation and cannabis law. He can be reached at jschafer@phillipslytle.com or (716) 847-5403.
York State will likely be no exception. In entrepreneurs should begin thinking about how they will handle their banking needs in this ever-evolving industry.
Mary-Jane R. Morley is an attorney at Phillips Lytle LLP, where she concentrates her practice in commercial litigation, as well as data security and privacy and cannabis law. She can be reached at mmorley@phillipslytle.com or (716) 847-8348.
FALL 2021 CannaBuff.com
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REDEFINING R RE ED DE EF F II N N II N NG G
farm farm table TO T TO O
table
orderappetit.com by
O’s smoke shop
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2 LOCATIONS Hookahs • Glass Vapes • Tobacco Cigarettes • Cigars Kratom • CBD & More 10
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1626 Pine Avenue NIAGARA FALLS 482 Center Street LEWISTON Follow us!
LOCAL STUDY ON DELTA-8 SUGGESTS THERAPEUTIC UTILITY THE ADVENT OF DELTA-8 HAS ALLOWED THE HEMP INDUSTRY TO CREATE PRODUCTS SIMILAR TO THEIR LEGAL CANNABIS COUNTERPARTS. JACK PORCARI SENIOR CONTRIBUTOR
A
T A CANNABIS PROTEST called Hash Bash, Dr. Jessica Kruger, a clinical assistant professor at the University at Buffalo, and Dr. Daniel Kruger, a research investigator at the University at Michigan, set out to prove one thing: the munchies*. This moment was a stepping stone towards
innovative public health research, and after hearing prohibitionist messaging at various conferences, they were inspired to look into cannabis further. As weed has become mainstream, so too has the demand for niche products, especially in the hemp/CBD marketplace. Delta-8-THC, a slightly less potent version of Delta-9-THC, is a recent focal point in the industry as the regulations around it are still being determined and the public comment period has come to an end. Scientific literature on Delta-8-THC (or “delta-8” for short) is limited, with the most recent studies coming out of the 1970s. CBD retailer Bison Botanics recently partnered with the above researchers to survey hundreds of adults on their experiences with delta-8 products. “These worlds had instant synergy because we were interested in this research topic, and these guys [Bison Botanics] are the industry side,” Dr. Daniel Kruger said. New data shows that nearly half of all respondents reported using delta-8 products medicinally. In addition, many individuals reported that delta-8 had fewer side effects such as anxiety and paranoia. “Participants saw delta-8 and delta-9-THC as equally effective in producing experiences of pain relief and relaxation, which are the key experiences, if you’re thinking about medical use,” said Kruger.
If delta-8 does end up on dispensary shelves, this could mean a world of difference to the people currently buying these products online or at hemp retailers like Bison Botanics. For most consumers, making an informed decision on which product is best for them can be quite the challenge. In a July 23rd interview, assemblywoman Donna Lupardo touched on this: “I
“I don’t think we’ve even scratched the surface for the majority of consumers because many of them really don’t know what they [CBD/ hemp products] are…I think many of them need information on what these varietals are about.” don’t think we’ve even scratched the surface for the majority of consumers because many of them really don’t know what they [CBD/hemp products] are…I think many of them need information on what these varietals are about.” The New York State Department of Health is poised to ban delta-8 and has only proposed cannabinoid/hemp regulations. “Especially from a public health standpoint, what are they [consumers] going to do next if this product isn’t available?” Dr. Jessica Kruger said. “They’re using it for health purposes — could they turn to something else that could possibly be harmful to them?” Without the guidance of the Office of Cannabis Management, regulating the product remains difficult. Public-private partnerships like this will be the driving force in researching cannabis effectively, and, hopefully, will guide the policy-making process with science.
“We’re investigating these issues that are important not just for one particular company, but for society in general.” Through the lens of retail and customer preference, Bison Botanics founder Justin Schultz says that a portion of people prefer delta-8 over traditional cannabis due to the lower potency. “A lot of people that are not 100% on using cannabis therapeutically might find delta-8 an easier step to take, because there are those lessened
*SCAN CODE TO READ FULL ABSTRACT, “MANIPULATION CHECKING THE MUNCHIES: VALIDATING SELF-REPORTED DIETARY BEHAVIORS DURING CANNABIS INTOXICATION”.
side effects…I think it’s going to end up being a regulated product found on dispensary shelves,” he said.
FALL 2021 CannaBuff.com
11
OG Headspace: the first Headspace location on Elmwood Ave.
HEADSHOP HIGHLIGHT SERIES
Headspace Glass & Gifts BY PAVEL BELOV
Celebrating over a decade serving the community, Headspace has been the premier shop in Buffalo for glass-heads and stoners alike since 2010.
A
FTER MEETING in
The vision was to sell the products that
spent years traveling the country making
college as roommates
they themselves were interested in and
connections with the biggest names in
at St. Bonaventure,
enjoyed. This is the vision which has
the industry which allows them to carry
Brendan Karam and
led to their success, with now four retail
some of the most exclusive brands such
Ray Battista quickly
locations across Western New York!
as Mothership, illadelph, Sovereignty, US
discovered that they shared many mutual
You can visit Headspace at their original
Tubes, Toro, Roor, and Leisure. Those
interests; one in particular was… well…
location on Elmwood Ave in Allentown or
looking for more accessible options
weed of course. They brought this passion
in Orchard Park/Hamburg, Tonawanda,
will find a broad selection of affordable
to life when they founded their first store
and East Amherst.
brands like Mav, AFM, Grav, Left Coast,
opening right in the heart of Buffalo at 67 Elmwood Avenue which you can still visit today! The former roommates, now business partners, wanted to bring both brand name and artist glass to Buffalo.
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CannaBuff.com FALL 2021
Unlike a traditional smoke shop, Headspace specializes in high-quality American made glass, quartz and anything else you may need to suit your smoking needs. The Headspace team has
ZOB, and Biohazard. Probably one of the most impressive components of the Headspace experience is the selection of glass available at any given time. With a large variety of artist glass from
local to internationally recognized, the hardest part of finding a unique one-ofa-kind piece is picking from their massive selection. If it’s scientific glass you’re in the market for, they have that too with all the double-disk triple-tree tsunami percolation you could ever desire. In addition to the glass, the selection doesn’t stop there. With a substantial array of high quality full spectrum CBD and Delta-8-THC products, finding the supplement right for you is just a stop away. One of the defining features of the Headspace experience is their top-tier customer service. With friendly and knowledgeable staff that are experienced
With a large variety of artist glass from local to internationally recognized, the hardest part of finding a unique one-of-a-kind piece is picking from [Headspace’s] massive selection.
with the products and passionate about cannabis. Some of the staff even blow glass and could tell you more about the process and craftsmanship which goes into each of the pieces provided. With staff who are cannabis enthusiasts themselves, you end up getting recommendations based on personal experience, not on what is profitable. Can’t make it off the couch or to the store? No problem! Visit their website at headspaceglass.com to see their extensive product offerings! Whether it’s CBD, Delta-8-THC, glass, quartz, accessories, vaporizers or pendants… Headspace has it all!
LOCATIONS
BUFFALO
TONAWANDA
ORCHARD PARK
EAST AMHERST
67 ELMWOOD AVE. BUFFALO, NY 14201
920 NIAGARA FALLS BLVD. BUFFALO, NY 14223
4170 SOUTHWESTERN BLVD. ORCHARD PARK, NY 14127
5989 TRANSIT RD. EAST AMHERST, NY 14051
716.844.8907
716.837.0201
716.648.1111
716.428.5730
Headspace Gifts and Glass is located close to the corner of Elmwood Ave. and Allen St. (street parking only)
Headspace Gifts and Glass North is located at the corner of Niagara Falls Blvd. and Eggert Rd. (parking lot )
Headspace Glass Gallery located at the corner of Southwestern Blvd. and McKinley Parkway, next to Jack Devine’s South. (parking lot )
Headspace Gifts and Glass is located near the corner of Transit and Clarence Center.
HOURS: MON-SAT: 11AM-8PM SUN: 11AM-6PM
VISIT HEADSPACE ONLINE: FALL 2021 CannaBuff.com
13
CANNABIS & EQUITY in New York State KAELEN CASTETTER IN COVERSATION WITH REGGIE KEITH
Drastic action is needed for NY to achieve its goals for equity in cannabis.
The term “social equity” could be the most highly used phrase in New York’s cannabis industry. Despite an unprecedented effort by lawmakers to ensure a diverse industry that affords real economic opportunities to those communities devastated by the War on Drugs, there is no guarantee that a regulatory regime will achieve these goals. The Majority Leader, Assemblywoman Crystal Peoples-Stokes, made social equity a centerpiece of her legislation (the MRTA) to legalize cannabis. During debate on the bill Peoples-Stokes addressed concerns amongst her assembly colleagues that it allowed so-called “criminals” into the marketplace by flatly responding “they won’t be criminals come tomorrow” – referencing the fact marihuana was about to be legal in New York for the first time in over eight decades. She was spot on. New York isn’t creating a new industry, the State is simply legitimizing a marketplace that is already thriving. For the entirety of prohibition entrepreneurs grew, processed, distributed, and sold cannabis. Many of these operations became highly sophisticated and adapted to New York’s culture. For example, growers would hide plants along the brush line to avoid recognition by DEA helicopters while delivery services in Manhattan used apps and a network of couriers to help satisfy the insatiable demand. These innovators had to work under constant threat of violence, organized crime, and having their lives uprooted by law enforcement. They deserve a first look at the billion dollar opportunities legalization will open up.
A CONVERSATION
About Equity With Buffalo’s Most Legendary Cannaprenuer IN JULY, I sat down with Buffalo-area legend Reggie Keith. If you don’t know him – he is the founder of CannaHouse, a cannabis events and social club. He and his team have been putting on cool events in Western New York for several years now along with marketing their marquee product, “Dirty Lemonade”. He traveled to Binghamton with his team to discuss how my consulting firm, The Castetter Cannabis Group, can help him prepare for licensure. After sharing some stories and going through the business model, we ended up in a fascinating conversation around our frustrations of how the State was approaching social equity and more specifically – the inclusion of entrepreneurs like himself and my family who have been working hard for years in the informal marketplace. We ended up taking this conversation into a recording of our podcast, Empire State of Cannabis.
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CannaBuff.com FALL 2021
THE FOLLOWING IS A SUMMARY OF SOME OF THE MOST IMPORTANT POINTS AND A FULL RECORDING OF THE EPISODE IS ONLINE AT: CASTETTERCANNABIS.COM/PODCAST.
THE STATE WILL NEED TO ACT INTENTIONALLY The MRTA sets a goal that 50% of licenses awarded go to social equity applicants. If achieved, this will undoubtedly be a positive boost for communities most impacted by the War on Drugs and afford new opportunities to entrepreneurs who deserve them. However, Reggie points out that we will be setting them up to fail if the State isn’t intentional about reducing barriers to entry. “If there are legal systems in place that don’t allow those equity applicants to truly flourish then we are really just duplicating this process (prohibition) all over again”. – Reggie Keith on the Empire State of Cannabis Podcast
Identifying these barriers including access to capital, strict compliance regulations, confusing tax structures, limited access to consumers, and more is the first step. Through the regulatory process, the State can help mitigate these barriers and be intentional about solving for them. For example, New York could redistribute tax revenue to entrepreneurs in the form of grants or loans, provide technical assistance for compliance, and avoid costly and unnecessary restrictions on how licensees can market their products. Further, regulators will need to provide amnesty to legacy market operators by shielding them from the IRS and understanding that there will not always be a way to document the source of funds. As Reggie remarks about the new legal marketplace; “it should reflect what already is there [and] that is diverse, has a lot of players who look like myself. But there is no mechanism that establishes trust for those to transition out of the legacy market”.
PUTTING PEOPLE IN CHARGE WHO BEST UNDERSTAND THE CHALLENGES “We weren’t equity partners when we were getting locked up, it wasn’t a shared experience” Despite being over 100 pages, the MRTA sets only a broad framework for how the industry shall be regulated. Critical issues around licensing, marketing restrictions, how expensive an application will be, and more will be decided by a newly created Office of Cannabis Management (OCM). This office of attorneys, analysts, and regulators will be tasked with creating regulations for approval by the Cannabis Control Board – a 5-member board appointed jointly by the Governor, Senate, and Assembly. The task is daunting. Even within a single issue – licensing, there are dozens of decisions that will need to be made that will drastically affect who gets chosen to operate a cannabis business. If the State
Listen to the full podcast: castettercannabis.com/podcast
opts to limit licensing, an approach that Massachusetts and Illinois have taken, there will be tough decisions over who deserves such an opportunity and who does not. Reggie argues that all too often those making regulatory decisions don’t truly understand the perspective of those in the cannabis industry – especially legacy operators. He remarks that if a regulator is looking for what a “drug dealer” looks like and asks law enforcement they’ll get a certain view of legacy operators as compared to talking to a sophisticated industry vet or savvy entrepreneur who curates high-end cannabis social experiences.
If there aren’t legal systems in place that truly allow equity applicants to flourish, then we’re really just repeating the process of prohibition all over again. While it’s difficult to identify who exactly has the most legacy market industry experience while federal prohibition holds – the State should allow for robust stakeholder feedback through the advisory board and regulatory comment periods. Chris Alexander, a highly respected activist whose previous work at the Drug Policy
TRANSFERRING KNOWLEDGE & EXPERTISE Besides access to capital, the knowledge gap presents the most formidable barrier to entry. Beyond the technical industry knowledge needed to operate extraction equipment or set up large scale fertigation systems, operators will have a maze of compliance, tax collection, and security requirements to wade through. Many legacy entrepreneurs have never had to remit sales tax, maintain detailed batch production records, or run payroll. Reggie tells me that this barrier shaped his experience as an entrepreneur while growing CannaHouse. “In our community, we find ourselves we’re first generation entrepreneurs. My CMO Shine, Val, and his parents own a couple different businesses in the community but that’s not the norm. We just grew up watching our parents work a job and so a lot of the behavior, the mindset, that we had to take on as these entrepreneurs and CEOs of our own companies is learned behavior. So we had to learn this from [Shine’s family] who runs a coffee shop… it’s not what I’m doing but he has some expertise in running a business, and he looks like me, payroll, takes me from this hustle into transitioning this into a business.`` I asked him if he thought the State bears responsibility for this. “Yes I do. It’s disingenuous to say that you really want these licenses to be filled by qualified candidates and you don’t do anything to help them become qualified”.
Reggie Keith
Kaelen Castetter
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Founder/CEO of Buffalobased cannabis events company Canna-House.
canna-house.com
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Alliance helped shape the MRTA, was chosen as the OCM’s Executive Director. His leadership will ensure a progressive vision but he will have to recruit staff with seriously diverse backgrounds and life experiences – some of whom might not have the most impressive resumes on paper but do have a grasp on the legacy market.
Leading the Castetter Cannabis Group, Kaelan has become a trusted advisor to some of the top hemp companies, lawmakers, and organizations across the State.
castettercannabis.com
JOIN CANNABUFF FOR AN EVENT FOR SOCIAL EQUITY. We’re partnering with industry stakeholders, public officials, and policy makers to host a roundtable discussion aimed at sharing ideas the State may implement that will foster the development of a truly equitable cannabis industry in New York. More details on this will be shared soon on our social media and at Cannabuff.com. FALL 2021 CannaBuff.com
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Strain: Lemon Lime Sundae Lineage: Sundae Driver x L.L.O.A. (Lemon Lime x Orange Apricot) Photographer: Marvin Lee @surface_area999 Grown by: Cloneworld Northwest @cloneworld_nw Bred by: Skunkhouse Genetics @skunkhousegenetics
O P I N I O N
JACK PORCARI SENIOR CONTRIBUTOR
CANNABIS HAS A PACKAGING PROBLEM Whether it’s cartoon characters on the legacy market or unsustainable industry practices, cannabis packaging needs to be reimagined.
You might be noticing a trend that has infiltrated the cannabis space for quite some time now: problematic packaging. The problem is 3-fold. 18
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F
irst, there’s the issue of excessive waste from the packaging of regulated cannabis products. Child-resistant and tamper-evident packaging is mandatory for cannabis in most states, so most brands use extra plastic in order to achieve compliance. The result is a massive amount of single-use plastic and other packaging waste ( just think of the amount of vape cartridges!). Next, we have problems in the grey market where clandestine sellers use counterfeit packaging that imitates regulated cannabis products from other states (usually California). Counterfeit dispensary packaging has been used in the underground market for years1. Most people just want something regulated, and how
can you blame them? As selling cannabis has become much easier, so has packaging and marketing it. However, when you can literally buy dozens2 of varieties3 of empty bags that look like real, regulated cannabis packaging, a big problem arises— counterfeit packaging. This brings us to our final issue. Copycat packaging that capitalizes off the brand recognition of similar non-cannabis products, often including blatant copyright/trademark infringement. This problem is especially concerning because it may increase the risk for accidental consumption (potentially in children). In Buffalo, the grey market is booming, and everybody wants a taste of it before regulations crush those without the capital to back their businesses. Although this fast-paced,
things worse, consumers often can’t rely on grey market labels to give them a recommended dose or serving size. Even when dosages are labeled, they’re very rarely accurate or reliable. In most cases, you have absolutely no idea how many milligrams of THC these products contain. The bottom line is that sellers have a duty to be honest right now. If you’re not an edible scientist or you can’t calculate the exact milligram amount in
high-demand marketplace has helped legacy market growers take the spotlight in an effort to legitimize themselves, the reality is that too many people are trying to jump into the industry with little desire to take consumer safety seriously. To underscore this, I’ll take you back to when I first started to taste the sour reality of unregulated cannabis packaging. One bag I came across was labeled “Cheetah Piss,” and it featured a glowing crimson cheetah. Another “exotic”4 strain, “Banana Milk’’, was packaged in a bright yellow bag with a bunch of cartoon bananas inside of a white mason jar. It just felt wrong. Cannabis is not a sneaker brand, and as such it should be treated with the same respect and integrity as any other adult consumer product. There is a reason that Camel stopped marketing their cigarettes to children.
FURTHER READING
Yet, I still see Buffalo-based weed startups using cartoons in their logos, completely sending the wrong message to our youth and about our cannabis community as a whole.
“Availability of these products is going up everywhere which means it’s a greater risk for kids. Especially with the way a lot of these packages look.”
The utmost priority of anyone selling cannabis should be the safety of their consumers. Not only is it lazy and disingenuous to buy imitator packaging online, but it also makes me uncomfortable that the product I am buying is hidden behind an opaque bag. Many buyers are drawn to the most important aspects of any product in any industry: the logo, the packaging, and the brand experience. The experience is exactly what some vendors go for, and I’ve seen it on multiple occasions, too— infused Bob Ross cereal, Stoney Patch gummies, Fritos,
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COUNTERFEIT BRANDS
SELLING FAKE PACKAGING
MORE FAKE PACKAGING
Cheetos, Pringles, Wonka bars, Twix, and Snickers. These copycat packages 5 for edibles are a nightmare from a safety standpoint, as they could easily be mistaken for the actual non-infused product.
the edibles you make, warn us and don’t slap some fake packaging over it. If you’re selling flower, put it in a mason jar or other transparent container so we can see and inspect the product, don’t hide it behind a colorful bag.
Dr. Anthony Degelorm, an emergency medicine and toxicology pharmacist from Florida said that the State’s Poison Control Center has seen an increase in cases involving accidental exposures to THC. He mentioned that packaging may be contributing to the problem.
It is getting so egregious that even local businesses are getting tangled in the fight for their own intellectual property. We seem to forget there was a vaping-related health crisis6 tied to products that used copycat packaging. While we can certainly point fingers at bad policies like prohibition, keeping children and the community safe is not a tall order. It’s the bare minimum.
Consuming edibles is a serious undertaking, especially for someone with little experience or a lower tolerance to THC. To make
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EXOTIC STRAINS
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COPYCAT PACKAGES
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VAPING-RELATED HEALTH CRISIS
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What Is Powdery Mildew? BRENDAN MURPHY CANNABUFF CONTRIBUTOR
F YOU’RE AN AVID GARDENER, then you’ve probably heard of powdery mildew. It’s a common disease that affects a wide variety of plants (not just cannabis!) and is easily recognizable. And because of our climate, it’s a common issue that gardeners and farmers deal with in this region. With the ability to legally grow cannabis at home approaching, it’s important to discuss the topic of powdery mildew to better prepare those of us who will be growing for the first time.
Humidity is the first. High relative humidity levels (70%+), especially at night, promote the initial growth of spores, though once the infection has taken hold, lower humidity levels stimulate spore reproduction. This means you want to avoid high relative humidity levels as well as large fluctuations in humidity. You should aim for between 40-60% at all times.
SO WHAT EVEN IS POWDERY MILDEW?
Stagnant air and overcrowding both promote the growth and spread of powdery mildew— they trap humidity and raise moisture levels. If outside, make sure the plants are in a spot with good airflow. If inside, utilize plenty of fans to promote circulation. Fungal spores also spread via direct contact between plants, so make sure you give them ample space apart.
I
The disease is characterized by the growth of a white or grey powdery substance on plant surfaces, which can be caused by many species of fungi within the erysiphales order. It typically starts on the leaves but can spread to all parts of the plant including the buds. The disease usually starts as small spots, but as it progresses turns into larger patches or areas. Powdery mildew is parasitic. It grows and reproduces on the live flesh of plants and steals their nutrients. With cannabis, this can result in smaller yields and can affect the overall quality of the yield. Once it’s taken hold, it can be extremely difficult to manage. If it spreads to the buds, you don’t want to consume any of the contaminated areas.
The other two factors are airflow and spacing between plants. If you’re growing outdoors and can’t control the climate (more on this in the next section), these two factors are essential.
It’s very easy for humans to spread the fungal spores from plant to plant. If you touch or handle a plant with powdery mildew, then don’t handle any other plants without first cleaning your tools, changing your clothes, and washing your hands.
FUNGICIDAL INTERVENTIONS FOR POWDERY MILDEW
Controlling the environment is the single most important thing for managing powdery mildew. However, this is not always possible, and even when it is, the disease can still sometimes cause trouble. Then what do you do? The Cornell School of Agricultural Sciences is currently conducting studies on powdery mildew in cannabis. They’ve tested the efficacy of several biological fungicides for controlling the severity of the disease. In this year’s annual Hemp Field Research Day, they discussed the results of their research. The researchers studied three different commercially available products: Double Nickel LC, LifeGuard, and Sil-MATRIX. All three products were shown to be effective at controlling powdery mildew disease severity and had no effect on cannabinoid levels.
A PLANT AT THE CORNELL HEMP RESEARCH FACILITY THAT IS SEVERELY INFECTED WITH POWDERY MILDEW
WHAT CAUSES POWDERY MILDEW AND HOW DO I PREVENT IT? Powdery mildew is dynamic and elusive, so managing the disease can be tricky. There are three main factors to consider for preventing it.
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If you’ve experienced issues with powdery mildew in the past or expect to face them in the future, you might want to consider using one of these products. They’re proven effective and are safer than inorganic pesticides. Don’t fall victim to powdery mildew. Follow the proper precautions, and use the safer bio-fungicides if needed. Remember… if the spores reach the flower, don’t consume it! Special thanks goes out to Cornell University for their pioneering work in Hemp Research & Education!
CORNELL
HOSTS HEMP FIELD
DAY THIS OUTDOOR EVENT PRESENTATED BY CORNELL UNIVERSITY EXPLORED 2 FARM LOCATIONS: THE FIRST LOCATION FOCUSED ON CANNABINOID HEMP RESEARCH; THE SECOND ON GRAIN AND FIBER HEMP AS WELL AS SEEDLESS TRIPLOID CANNABINOID HEMP. MANY LOCAL HEMP GROWERS, PROCESSORS, AND CROP MANAGEMENT ADVISORS ATTENDED THE EVENT, AND ALSO LEARNED ABOUT HOW TO DEAL WITH THE PROBLEM OF POWDERY MILDEW.
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INTERVIEW withPresident Dr.&Paul Rushton CSO at LPC Naturals WITH GEOFF BROWN
Geoff Brown: Tell me a little bit about your background. Dr. Paul Rushton: I’ve been working in the field (of plant biotechnology) for more than 30 years. I received my degree in biochemistry from Cambridge University and my Ph.D. from Manchester University. Following that, I worked at the Max-Planck Institute in Cologne Germany for ten years. The Max-Planck Institute is an internationally recognized leader in plant sciences and I was fortunate enough to be involved in a number of discoveries in the field of plant disease resistance during my time there. I then worked in the United Kingdom before coming to the US in 2005. Since then, I’ve worked at various Universities here in the US including the University of Virginia, South Dakota State, and Texas A&M. More recently, I was the VP of Plant Biotechnology at 22nd Century Group. GB: 22nd Century Group is a pretty big player in the cannabis space in town, what did your role there look like? DPR: I was primarily tasked with developing new ways to manipulate cannabinoid expression. For example, breeding plants in order to increase the yield of certain cannabinoids such as cannabigerol (CBG). I believe I set up the first hemp biotechnology laboratory in NYS and the Company has since gone on to develop a number of proprietary strains with desirable cannabinoid profiles. GB: That sounds like really interesting work, but I digress. Let’s get back to Prime Superior. What is Beauveria bassiana?
DPR: Beauveria is a naturally occurring fungus that typically resides in soil, but its existence in nature has been greatly reduced by the use of modern growing techniques including pesticides, tilling, and other chemicals. We’ve known about Beauveria for a really long time, it was discovered in the 1800s, but many of the benefits Beauveria has for plants aren’t widely recognized yet. GB: How exactly does Beauveria work to help plants? DPR: Beauveria forms a symbiotic relationship with all rooted plants including cannabis. If you treat the roots the benefits start at the roots but occur throughout the entire plant thus it’s systemic. Beauveria colonization enhances root growth resulting in things like improved nutrient uptake and overall health and quality of the plant. The systemic establishment of Beauveria in the plant’s stems and leaves promotes overall plant growth and enhances the production of natural antifungal peptides and chemicals. This has very positive effects on the plant’s resistance to pathogens. GB: What type of benefits can cannabis/hemp growers expect to see from Prime Superior Products? DPR: Our customers have greatly improved cannabinoid & terpene yields using our Prime Superior Beauveria treatments. We’ve seen 15-20% increases in cannabinoids and up to 109% increase in terpenes with some that moved from undetectable to detectable levels. GB: Can you give me a brief overview of the different types of Prime Superior products that are available?
IN OUR LAST ISSUE, you may have noticed our centerfold ad for Prime Superior products; a versatile group of soil and plant enhancers that harness the natural power of the Beauveria bassiana fungus. The Prime Superior product line is produced by LPC Naturals, a new plant biotechnology company based in Buffalo. We recently had the chance to sit down with the President and Chief Scientific Officer at LPC Naturals, Dr. Paul Rushton, and the rest of his team that’s responsible for the development of the Prime Superior product line.
DPR: We currently have three products. Prime Superior Clone, which is an inoculation honey, is geared toward cloning and contains only organic honey and our proprietary strain of Beauveria. Prime Superior Drench, which is a misting spray, is our most versatile product and can be applied to leaves, roots, and soil. Prime Superior Seed is a dry powder seed coating that’s intended for
compare treated vs untreated plants. GB: I understand you may not be able to talk too much about it, but can we talk a little bit about the effects Beauveria may have on insects or pests? DPR: Beauveria bassiana is an entomopathogenic fungus. This means it kills or seriously disables insects that consume it. Because Beauveria is systemically present,
“OUR CUSTOMERS HAVE GREATLY IMPROVED CANNABINOID & TERPENE YIELDS USING OUR PRIME SUPERIOR BEAUVERIA TREATMENTS. WE’VE SEEN 15-20% INCREASES IN CANNABINOIDS AND UP TO 109% INCREASES IN TERPENES WITH SOME THAT MOVED FROM UNDETECTABLE TO DETECTABLE LEVELS.” ungerminated seeds. The seed coating contains only Beauveria in a graphite-talc carrier powder.
insects or pests trying to consume plant material are likely to consume Beauveria hyphae as well.
GB: What makes Prime Superior different from other products that claim to enhance plant growth and ward off problematic pests?
GB: Really interesting stuff. I’m super excited for you guys and the rest of the team at LPC Naturals. Thank you so much for taking the time to speak with me and for educating me on this topic that I know close to nothing about. Where can our readers go to learn more?
Christopher Lent (CMO): For one, it’s an all natural solution. All of the Prime Superior products are completely safe for animals and humans. Both Nick Bianco (CBO) and I have actually eaten the product multiple times to demonstrate just how safe our product is. So, it’s natural, it’s safe, and the benefits our proprietary strain of Beauveria is able to bring plants are simply unmatched. Whether it’s cannabis you’re growing, hemp, or vegetables for that matter. The results you’ll see will surprise you especially when you
CL: For more information about Prime Superior products you can visit primesuperior.com. We’re also available at the following local hydroponics stores: Buffalo Roots Hydroponics and Organics, #HydroInc, Green Tree Garden Supply, and Green Zone Hydroponics. Thanks for helping us share this information with your readers.
Dr. Rushton has over 30 years of experience in plant biotechnology. He has a degree in biochemistry from Cambridge University and a Ph. D. from Manchester University. He spent 10 years researching at the world-famous Max-Planck-Institute in Cologne Germany where he made several world first discoveries in the area of plant disease resistance. In the United Kingdom, he has also worked at Bristol University and Oxford University. Dr. Rushton arrived in the USA in 2005 and has since held the positions of Research Assistant Professor at The University of Virginia, and Associate Professor at South Dakota State University and Texas A&M. More recently, he was Vice President for Plant Biotechnology at 22nd Century Group. Dr. Rushton is an expert on plant disease resistance, drought responses, vertical farming, and plant secondary metabolites including cannabinoids and nicotine. He is a leader and lecturer in the new field of industrial hemp/cannabis and also has extensive expertise in soybean, turf grass, tobacco, cereals, Arabidopsis, mosses, and rice. Dr. Rushton has over 60 publications and these have been cited by other scientists over 10,000 times. He also has numerous patents and patent applications. In addition to science, Dr. Rushton has experience in writing press releases, intellectual property, and speaking to audiences of all levels. He has also appeared several times on local television.
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Cannabis Use in the Elderly MORE COMMON THAN YOU THINK BY DR. LASZLO MECHTLER
or many individuals including the elderly, the use of cannabis, even as a part of one’s treatment regimen is relatively taboo. Over the last 100 years, this medicine has been vilified and subjected to a great deal of misinformation and stereotyping, a great deal of which can be largely attributed to a smear campaign, headed by some of the most prominent business leaders of the industrial revolution. Culminating decades later, with President Richard Nixon’s declaration “marijuana is public enemy number one in the United States”. Shortly after this declaration cannabis was formally rescheduled as a schedule I drug, rendering it illegal.
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The results of this study support the use of cannabis therapy in a comprehensive treatment plan of elderly patients when used under the guidance of a properly trained physician and care team As a nation it was not until the early 2000’s that we began to see substantial legislative action, albeit at the state level, toward decriminalization and legalization of both medical and adult-use cannabis. New York State went on to legalize medical cannabis in 2014, launching its program formally in 2016. When the program went live, 9 out of the 10 qualifying
conditions were purely neurological in nature. Being the medical director of the nation’s largest freestanding neurologic center, you could imagine the level of interest our patients expressed in this newly obtainable treatment option. As an organization, we were receiving upwards of 500 calls per day, many of which were from patients that would “not fit the usual stereotypes”. What do I mean by that, you may be asking? Well for starters these patients weren’t patients in their 20’s, looking to get high but rather patients in their, or well past 50, with limited, to no history of cannabis use with multiple underlying conditions. Time and time again I would hear “I was talking with my friend who is using cannabis to treat this ailment or that ailment and they swear by cannabis. I am interested in using it to treat condition X, Y, or Z as well but I do not want to smoke it and I do not want to get high.” As the treating physician I would go on to explain that cannabis does not need to be smoked and the goal of cannabis therapy is not to get high but rather to elicit the therapeutic benefits of the plant while avoiding the euphoria or “high”. This is done by using different delivery vehicles, tinctures, capsules, creams, vaporizers, powders, vaporizers, etc. as well as by adjusting the ratios of the two main cannabinoids found in the cannabis plant THC and CBD. There is a fair amount of patient education that must be done surrounding this treatment given the misinformation out there, as well as the number of variables that need to be taken into consideration. In an effort to gain further insight into the treatment outcomes of the aging population, we conducted a large-scale retrospective study, leveraging our database of clinical outcomes for more than 17,000 patients undergoing cannabis therapy, with an average age of 54.5 and a range of (0.5-103 years). The assessment of
treatment methods in elderly populations is essential since it is a rapidly growing population and accounts for more than half of all healthcare spending in the US. Particularly, since ageing populations are more likely to use multiple medications, are subject to changes in pharmacokinetics; such as changes in drug distribution for example, and suffer from comorbid, chronic and cognitive medical conditions. Thus, an understanding of treatment outcomes and drug-drug interactions in those undergoing cannabis therapies is crucial. The results of a large-scale retrospective study conducted by our team here at the Dent Neurologic Institute’s Cannabis Research Center lend credibility to the use of cannabis in the treatment of elderly patients. In the study we evaluated clinical outcomes of 204 patients who were; at least 75 years old and were certified to use medical cannabis products as part of New York State’s Medical Marijuana Program. In total, 141 (69%) subjects reported symptomatic benefit in at least one domain, with subjective improvements noted in chronic pain (49.5%), sleep (17.6%), neuropathy (14.7%), mobility (9.3%), anxiety (9.3%), and other (10.8%). With regard to polypharmacy, 32% of patients utilizing opioid medications reported the ability to decrease consumption or discontinue these medications entirely. Self-reported side effect profiles were also recorded, with 47% of the study population reporting at least one side effect within the following domains; physical (72%), cognitive (17%), and affective (11%). Interestingly of the 96 patients initially reporting side effects 58 patients reported that their side effects resolved after dose adjustments to their cannabis regimen were made. Additionally, no patients with pre-existing cognitive conditions (ie dementia) noted a significant deterioration of
their condition upon initiation of cannabis therapy. These results were most commonly achieved utilizing a type I chemovar product (1:1 ratio THC:CBD), and product delivery via oral tincture. The success of this ratio and modality is likely attributed to the following factors: 1. Utilization of a balanced ratio affords patients the ability to enjoy the therapeutic benefits of THC while its negative psychoactive effects are countered by CBD. 2. The half-life of the oral tincture is 6-8 hours, meaning on average, patients utilizing this method of consumption experience 6-8 hours of therapeutic benefit. Though I would be remiss if I did not state this product ratio, consumption and modality may not be optimal for every patient. Cannabis therapy is highly individualized, each patient’s response to product ratios and or delivery method may vary. The results of this study support the use of cannabis therapy in a comprehensive treatment plan of elderly patients when used under the guidance of a properly trained physician and care team; however, further research including placebo-controlled randomized trials are needed to further legitimize this option in this growing population.
Laszlo Mechtler
MD, FAAN, FEAN, FASN, FAHS Medical Director, DENT Neurologic Institute Chief, Neuro-Oncology Roswell Park Cancer Institute Medical Director, Jushi
Dr. Laszlo Mechtler is Professor of Neurology and Oncology at the State University of New York at Buffalo. He is UCNS certified in Neuroimaging, Neuro-Oncology and Headache Medicine. Dr. Mechtler is the Medical Director of the DENT Neurologic Institute.
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LEGISLATIVE UPDATE New Jersey Adult-Use Cannabis Legislation, Rules, and Regulations
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ith New York’s adult use program in limbo (with developments afoot at the time of this writing), this quarter’s column focuses on our tri-state neighbor, whose program is a little bit further along. New Jersey is one of eight states that have legalized the recreational use of cannabis in the last year. After New Jersey residents approved a constitutional amendment to legalize, Governor Phil Murphy signed three bills into law that both decriminalize cannabis and create a path for a legal recreational market: (1) The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the “Adult-Use Act”), (2) Assembly Bill No. 1897 (the “Decriminalization Bill”), and (3) Assembly Bill No. 5342 (a “Clean-Up Bill,” which rectifies some contradictory language in the first two bills). The Adult-Use Act legalizes sale and possession of regulated cannabis—in other words, cannabis you buy at a licensed store in New Jersey. Those stores have not been set up yet. Possession of up to six ounces of unregulated cannabis is decriminalized, like a parking ticket. Buying and selling cannabis is not legal in New Jersey until licenses are awarded to those businesses that will make up the new legal market. The Adult-Use Act also
created the Cannabis Regulatory Commission (“CRC”) as the regulatory entity governing the personal use of cannabis. The Adult-Use Act creates six classes of licenses: Grower, Processor, Wholesaler, Distributor, Retailer, and Delivery. In addition to a “full” license for each of those classes, New Jersey also contemplates a “conditional” version and a “microbusiness” version of each class of license. A “conditional” license has a shortened application process, so it allows licensees to begin operations sooner. These licenses are designed to help ease the burden for smaller businesses to enter the market. Following issuance of a conditional license, the holder has a limited period of time to become fully licensed by satisfying all remaining conditions for full licensure that were not required for the conditional license. The “conditional” process is only available when any person with decision-making authority for the licensee has an adjusted gross income no higher than $200,000 (or $400,000 if their taxes are filed jointly). Conditional licenses will make up 35% of the total licenses issued for each class. v A “microbusiness” is a license to operate on a limited scale. To qualify, the licensee must have no more than 10 employees, and comply with caps on the amount of cannabis cultivated and sold,
along with other restrictions. A microbusiness license can convert to a full license. At least 10% of the total licenses issued for each license class, and at least 25% of the overall total number of licenses issued, will be issued to microbusinesses. On-premises consumption licenses will also be available. A licensed cannabis retailer, medical cannabis dispensary, or clinical registrant may apply to the CRC to operate a cannabis consumption area, which will need to comply with all ventilation requirements applicable to cigar lounges under New Jersey law. Potential applicants should carefully consider which type of license to obtain. Like New York’s legislation, New Jersey prohibits vertical integration and limits the number of licenses that can be held by the same person. For the next two years, a licensed cultivator, manufacturer, wholesaler, distributor, or delivery service cannot also be a licensed retailer—and vice versa. A cultivator or manufacturer may only hold two licenses at the same time. And a wholesaler cannot hold any other license except distributor. There are demographic requirements which potential applicants should keep in mind. For all licenses, New Jersey’s legislation has rules which require licensees to include a person who has lived in New Jersey for at least two years. The CRC will also rank applications with a point
system based on a variety of criteria—such as an applicant’s operating, environmental, and safety and security plans. Applications will be prioritized using several factors, such as whether the applicant is a certified minority, woman, and disabled veteran-owned business. The CRC will also prioritize awarding licenses within municipalities negatively impacted by unemployment, poverty, or past marijuana enforcement activity. Unlike New York (and every other state that has passed adult-use legislation), New Jersey does not allow growing marijuana plants at home. Possession of 10 or more plants at home still carries a potential 10 to 20-year prison sentence. While bills have been introduced to allow those ages 21 years and older to grow a set amount of plants on their own, no law has been passed in New Jersey to date. New Jersey’s CRC has also promulgated proposed regulations which spell out further specifics of the program. That puts New Jersey at least a step ahead of New York. And the New Jersey CRC’s rules are likely indicative of what we can expect at some point from New York’s Office of Cannabis Management. Stay tuned next quarter for analysis of those regulations, and how New Yorkers can use them as a guidepost.
WRITTEN BY
Patrick J. Hines, Matthew Parker, & Fallon Martin OF HODGSON RUSS LLP Patrick J. Hines
Matthew Parker
Fallon Martin
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WNY Cannabis Business Directory CANNABIS & RELATED BUSINESSES LOCATED IN WESTERN NEW YORK
MEDICAL MARIJUANA DISPENSARIES
Sativa Remedy
19 Main St, Tonawanda, NY 14150 (716) 260-1324
The Botanist
Vitality CBD
192 Seneca St, Buffalo, NY 14204 (716) 322-4411
67 Elmwood Ave, Buffalo, NY 14201 (866) 667-2113
MedMen
Your CBD Store Kenmore
6850 Main St., Buffalo, NY 14221 (716) 954-8276
3191 Delaware Ave, Kenmore, NY 14217 (716) 768-2020
Verilife
Your CBD Store Depew
25 N Pointe Pkwy #30, Amherst, NY 14228 (716) 210-9496
5319 Transit Rd, Depew, NY 14043 (716) 393-3400
Columbia Care
Your CBD Store Hamburg
200 W Ridge Rd, Rochester, NY 14615 (585) 678-8390
FP Wellness
1150 University Ave Bldg 5 Suite 7, Rochester, NY 1460 (585) 242-0203
4154 McKinley Pkwy Suite 800 Blasdell, NY 14219 (716) 649-1940
Your CBD Store Williamsville
8070 Transit Rd, Williamsville, NY 14221 (716) 458-0075
Your CBD Store Irondequoit
HEMP-CBD RETAILERS Bison Botanics
1100 Military Rd Unit 1, Buffalo, NY 14217 (716) 259-9001
Buffalo Botanicals
Derby, NY 14047, US (716) 200-7459
Buffalo Hemp Supply
19 Allen St, Buffalo, NY 14222 (716) 401-9634
Buffalo Sport & Spine
100 College Pkwy, Buffalo, NY 1422 (716) 626-0093
Flowered Wellness
3911 N Buffalo St, Orchard Park, NY 14127 (716) 662-1795
Happy Shack Oils & More
6989 Transit Rd, East Amherst, NY 14051 (716) 428-3340
The Kokoro Way Tonawanda
1856 Colvin Blvd, Tonawanda, NY 14150 (716) 930-4073
The Kokoro Way Clarence
10255 Main St #2, Clarence, NY 14031 (716) 930-4073
The Kokoro Way at Walden Galleria 1 Galleria Drive TH150A Cheektowaga, NY 14225 (716) 930-4073
The Kokoro Way East Aurora
712 Main St, East Aurora, NY 14052 (716) 930-4073
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1971 East Ridge Road, Irondequoit, NY 14622 (585) 978-7441
Your CBD Store East Rochester 129 W Commercial St. East Rochester, NY 14445 (585) 485-0105
NIRA Physician Formulated CBD (located in Dent Tower)
3980 Sheridan Drive First Floor, East Wing, Amherst, NY 14226 (716) 466-6363
One Hemp Holistics
2023 Military Rd, Niagara Falls, NY 14304 (716) 362-9499
MEDICAL MARIJUANA PRACTITIONERS
For a full list of practitioners that consent to being listed publicly please visit the NYS Department of Health’s MMJ program website.
Jarod Masci, MD of Landmark Health Systems 387 Franklin St, Buffalo, NY 14202 (716) 462-0284
Nerfis Elminowski, DNP-BC of Adult Health DNP PC 2234 Seneca St, Buffalo, NY 14210 (716) 331-3322
Sherry Verostko-Slazak, ANP-BC of Advanced Integrative Care
8207 Main Street, Suite 7-8, Williamsville, NY 14221 (716)-277-0267
HEAD SHOPS & GLASS RETAILERS Art of Glass Smoke Shop on Delaware 3497 Delaware Ave, Buffalo, NY 14217 (716) 712-5347
Art of Glass Smoke Shop on the Boulevard
3154 Niagara Falls Blvd, Buffalo, NY 14228 (716) 712-5347
Buff City Smoke Shop
88 Lisbon Ave, Buffalo, NY 14214 (716) 464-3851
California Dreamin’ Smoke Shop 7806 Transit Rd, Buffalo, NY 14221 716) 276-8714
Cloud 9 Smokes & Vapors on Elmwood
476 Elmwood Ave, Buffalo, NY 14222 (716) 881-1100
Cloud 9 Smokes & Vapors on the Boulevard
1594 Niagara Falls Blvd, Tonawanda, NY 14150 (716) 831-8273
Cloud 9 Smokes & Vapors on Hertel 1567 Hertel Ave, Buffalo, NY 14216 (716) 836-1111
Decades Psychedelic Daze
2895 Seneca St, Buffalo, NY 14224 (716) 677-0311
Decades Too
6053 Transit Rd, Depew, NY 14043 (716) 681-4420
Decades III
2855 Sheridan Dr, Tonawanda, NY 14150 (716) 322-5631
Decades Hamburg
4514 Camp Rd, Hamburg, NY 14075 (716) 202-1953
Elevated Smoke Shop
7 Kelly Drive, Cheektowaga, NY 14227 (716) 322-6499
Glass Roots
12 Center St, Batavia, NY 14020 (585) 345-7420
Golden Pipe Smoke Shop Cheektowaga 3770 Harlem Rd, Cheektowaga, NY 14215 (716) 833-7473
Golden Pipe Smoke Shop Lackawanna 2540 Hamburg Turnpike Unit #3, Lackawanna, NY 14218 (716) 824-7473
Headspace Glass & Gifts Buffalo 67 Elmwood Ave, Buffalo, NY 14201 (716) 844-8907
Headspace Glass & Gifts Tonawanda 920 Niagara Falls Blvd, Buffalo, NY 14223 (716) 837-0201
Headspace Glass & Gifts East Amherst 5989 Transit Rd, East Amherst, NY 14051 (716) 428-5730
Headspace Glass & Gifts Orchard Park
4170 Southwestern Blvd., Orchard Park, NY 14127 (716) 648-1111
Local Smoke Shop
42 Allen St, Buffalo, NY 14202 (716) 881-0537
O’s Smoke Shop Lewiston
482 Center St, Lewiston, NY 14092 (716) 246-2241
Eden Agricultural Resources
CANNABIS EDUCATION
Farm In Peace
Erie County Community College
Hempstead Kitchen
Finger Lakes Community College
Niagara Hemp Supply
Niagara County Community College
(716) 628-5257 (716) 560-9584 (716) 261-8051
(716) 201-9842 (716) 362-9499
Plant Science Laboratories
649 Wyoming Ave, Buffalo, NY 14215 (716) 836-9520
Spoth Farms
(716) 531-1890
(716) 851-1322 flcc.edu
3111 Saunders Settlement Rd. Sanborn, NY 14132 (716) 614-6222
Syracuse University
cannabisprograms@syr.edu
1623 Pine Ave, Niagara Falls, NY 14301 (716) 371-2307
(716) 655-4000 ext 357
CANNABIS ADVOCACY ORGANIZATIONS
Three Cord Ranch (716) 200-7459
WNY NORML
Oasis Smoke Shop
O’s Smoke Shop Niagara Falls
Steuben Foods
4212 Union Rd, Cheektowaga, NY 14225 (716) 428-3567
Weiss Farms
Prism Smoke Shop
Yager Farms
1079 Union Rd, West Seneca, NY 14224 (716) 671-8006
Shake N Daze
929 South Park Ave, Buffalo, NY 14220 (716) 257-8138
Shake N Daze Depew
(716) 992-9619 (716) 472-8484
HEMP MILLING KannaMill
5150 Broadway, Depew, NY 14043 (716) 257-8138
(800) 447-4634
Shoot the Moon Headshop & Wholesale
PRODUCT TESTING
2273 Saunders Settlement Rd, Sanborn, NY 14132 (716) 462-2605
Smoke World Smoke & Vape Shop
1050 Harlem Rd, Cheektowaga, NY 14227 (716) 931-5545
Tasty Clouds Vape & Smoke Shop 3173 Main St, Buffalo, NY 14214 (716) 602-3387
Terrapin Station
1172 Hertel Ave, Buffalo, NY 14216 (716) 874-6677
Village One Stop Smoke Shop
11 Commercial St, Angola, NY 14006 (716) 549-0393
VIP Smoke Shop
3400 Main St, Buffalo, NY 14214 (716) 398-5605
HEMP RESEARCH PARTNERS (FARMERS & PROCESSORS)
Biotrax Testing Laboratories
3580 Harlem Rd #2, Buffalo, NY 14215 (716) 651-0146
HYDROPONICS STORES Buffalo Roots Hydroponics & Organics 3231 Main St, Buffalo, NY 14214 (716) 240-9075
Gramps Garden
7820 Porter Rd, Niagara Falls, NY 14304 (716) 400-8698
Green Zone Hydroponics
DISTRIBUTORS Ground Level Distribution (716) 775-7969
MEBCO
(716) 560-0908
LEGAL SERVICES Patrick J. Hines
(716) 848-1679 phines@hodgsonruss.com
Aleece Burgio
(716) 858-3846 aburgio@barclaydamon.com
Tristan D. Hujer
(716) 504-5728 thujer@phillipslytle.com
Harvest Moon Hydroponics
SLASolutions.com info@slasolutions.com
4204 Union Rd, Cheektowaga, NY 14225 (716) 634-8290
CANNABIS EVENTS
22nd Century Group, Inc
CannaHouse
(716) 828-6068
425 Michigan Avenue, Buffalo, NY 14203 (716) 897-9714
LICENSING CONSULTANTS
(716) 572-2718
Buffalo Fermentation
Office of Assembly Majority Leader Crystal Peoples-Stokes
2928 Southwestern Blvd. Orchard Park, NY 14127 (716) 677-9663
Anchor Farms
(716) 270-1523
(716) 440-1560 wnynorml@gmail.com
Canna-House.com
SLA Solutions
Castetter Cannabis Group info@csghemp.com CastetterCannabis.com
SEED & PLANT TREATMENTS LPC Naturals
(716) 529-6333
FALL 2021 CannaBuff.com
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Higher Education: STATE COLLEGES & UNIVERSITIES MOVE TO EMBRACE CANNABIS Legalization has exponentially increased the demand for cannabis education programs. Years ago, the idea of cannabis-centric degree programs would seem unimaginable. Now, colleges all across the state are designing programs tailored to the needs of the cannabis industry, and rightly so. Estimates show that the New York market could create 30,000-60,000 jobs in the coming years. Roles need to be filled at every level of the business from basic science and testing to marketing and regulatory compliance. Below you can find brief details regarding accredited cannabis education programs.
ERIE COMMUNITY COLLEGE
Starting this fall, the Biotechnological Science A.A.S Cannabis Track will be available at Erie Community College. Instructor Bill Nichols explained that the program will feature four new courses: “We are talking about the cultivation of cannabis, but we’re really concentrating on the laboratory skills, and the product side of things, so infusing extractions and stuff of that nature, because the quality and laboratory skills are what we specialize in,” Nichols said.
FINGER LAKES COMMUNITY COLLEGE
Finger Lakes Community College (FLCC) offers an A.A.S. in horticulture with a cannabis biology and cultivation track. This program offers students a comprehensive education in cannabis by incorporating history, health, and law. They seek to both develop students professionally while also providing hands-on experience. The program emphasizes the importance of experience in the field.
SUNY MORRISVILLE
SUNY Morrisville is now offering a cannabis industry minor. It includes three courses: an introductory course, advanced propagation processing, and a field growing course. They hope to continue expanding their cannabis education by adding more courses in the future, focusing mostly on the production side of the cannabis industry.
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CannaBuff.com FALL 2021
NIAGARA COUNTY COMMUNITY COLLEGE
Niagara County Community College (NCCC) has offered cannabis education courses since 2019. They offer a number of different classes on various elements of the cannabis industry: business of cannabis, the biology of cannabis, cannabis production, and pest control management in cannabis. NCCC also provides a culinary cannabis and edibles course! For those who aren’t interested in an accredited degree or certification, NCCC offers students multiple options to learn for a much lower cost.
FULTON-MONTGOMERY COMMUNITY COLLEGE
FMCC has partnered with nearby Vireo Health and Goodness Growth Holdings to offer two cannabis certificates: Cultivation Technician, and Cannabis Laboratory Technician. These certifications focus heavily on hands-on experience and are highly competitive. They include internships as part of the program. FMCC seeks to help meet the growing demand for skilled cannabis workers.
MEDGAR EVERS COLLEGE
Medgar Evers College (MEC) in Brooklyn is the first City University of New York (CUNY) to offer a cannabis minor degree program. The college’s “Introduction to the World of Cannabis,” is a prerequisite for up to 13 new cannabis courses the college offers. MEC seeks to build the educational foundation for advocacy, social justice, and equity within the cannabis industry. MEC has developed a comprehensive academic, entrepreneurial, and community-oriented program.
SYRACUSE UNIVERSITY
Syracuse University offers four certificate-granting programs through a collaboration with Green Flower. The programs are 6 months in duration and cost $2,950. Payment plans are available to those that are interested. Cannabis Healthcare and Medicine: from cannabis 101 to in-depth integrated clinical practice, knowledge in cannabis healthcare will help take your career to the next level. Cannabis Law & Policy: covers the topics of law and policy in an ever-changing legal landscape that surrounds the cannabis industry. The Business of Cannabis: understand the challenges and opportunities presented by the cannabis business as you go from seed to sale. Cannabis Agriculture and Horticulture: develop an in-depth understanding of the complex process of cannabis production, management and cultivation, plant care, yield maximization, and more.
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