MJBizMagazine August 2022 by MJBiz Daily

AUGUST 2022

MAGAZINE VOLUME 9 • ISSUE 7 $12.95

Starting Slow When Entering Canada Selecting Packaging for Limited-edition Items Outside Forces Affect Hemp More Than MJ

Brand Define Your

Cannabis firms recognize the importance of value proposition as market crowding intensifies

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August Table of Contents

MJBizMagazine August 2022 Volume 9 • Issue 7

COVER STORY

From the Editor

Five Questions With Paul Weaver

DEFINE YOUR BRAND

Cannabis firms recognize the importance of value proposition as market crowding intensifies.

Hemp Notebook

Company News

Industry Developments

Industry Players AUGUST 2022

M AGA Z I N E VOLUME 9 • ISSUE 7 $12.95

Starting Slow When Entering Canada

Selecting Packaging for Limited-edition Items

Unboxed

Outside Forces Affect Hemp More Than MJ

On Our Cover

Brand Define Your

Cannabis firms recognize the importance of value proposition as market crowding intensifies

Julie Suntrup, vice president of marketing and merchandising at Schwazze, visits Emerald Fields, one of the company’s retail stores in Glendale, Colorado. Photo by Matthew Staver

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CORRECTION The story “Ultimate Gatekeeper” in the July 2022 issue of MJBizMagazine incorrectly stated that Denver-based marijuana company MedPharm is partnering with Colorado State University Pueblo on a cannabis study. CSU Pueblo is not currently working on any research projects with MedPharm. We regret the error.

4 August 2022 | MJBizMagazine

The floor at Planet 13 superstore in Las Vegas changes when patrons step on it. Courtesy Photo

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To start/change/cancel your subscription, visit MJBizMagazine.com, call us at (720) 213-5992, ext. 1, or email us at CustomerService@MJBizDaily.com. MJBizMagazine subscriptions are currently free to qualified U.S. cannabusiness professionals and investors age 21 and over only. To advertise with us, email Sales@MJBizDaily.com or call us at (720) 213-5992, ext. 2. MJBizMagazine, Volume 9, lssue 7, August 2022 lSSN 2376-7375 (print); lSSN 2376-7391 (online) MJBizMagazine is currently published 10 times per year by MJBiz, a division of Emerald X, LLC. POSTMASTER: Please send address changes to: MJBiz, 3900 S. Wadsworth Blvd., Suite 100, Denver, CO 80235. © 2011-2022 MJBiz, a division of Emerald X, LLC. All rights reserved. Materials may not be reproduced in whole or in part without written permission. For reprints of any article, please contact Customer Service.

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FROM THE EDITOR Kate Lavin

Instant Message With more brands vying for space, experts advise focused communication

nowing your customer is a key tenet for any entrepreneur. After all, it’s hard to create products for someone whose motivations and needs you don’t understand. With so many marijuana companies selling largely the same products, branding can mean the difference between achieving success and being forced to liquidate your assets. So, what are the keys to effective branding?

A Pointed Statement

Allison Disney, a partner at Chicago marketing firm Receptor Brands, told MJBizMagazine that companies often cast too wide a net when they should be finetuning their message. For example, Receptor Brands helped Red Arrow Farm, an outdoor cannabis grower in Bangor, Michigan, with its branding. The family-owned company creates marijuana extracts from cannabis grown on 80 acres in Michigan’s fruit belt. To draw attention to the company’s outdoor ethos, Red Arrow named its products Sunrise, High Noon and Sunset, adding the tagline: A taste of sun for everyone. The message is not in your face, but it gets the point across: Red Arrow’s target consumer is interested in local, outdoor-grown cannabis. In this issue’s cover story, starting on page 34, marketing pros share tips for identifying your brand’s audience and employing the right strategies to get their attention.

8 August 2022 | MJBizMagazine

Think twice before using the classic green pot leaf in your logo. Evaluating logos in black and white is a design best practice.

pot leaf in your logo. In fact, evaluating logos in black and white and adding colors later is a design best practice. To get inspiration from noncannabis sources, Arizona-based marketing consultant Kim Prince scours products at Whole Foods Market and uses a vision board to identify common themes. When it comes to lettering, don’t go overboard by creating a custom font that won’t translate to websites and other advertising platforms. Sometimes, simple really is better.

Amp Your Brand For Las Vegas marijuana stores Planet 13 Holdings and Inyo, that means catering to tourists and full-time residents, respectively. Speaking with reporter Omar Sacirbey, branding expert Dustin Iannotti said that while the Planet 13 superstore is full of “Instagrammable moments” that capture the attention of tourists looking to make memories, localsfocused Inyo’s branding is more “promotion-based” and designed to draw regulars seeking a good deal.

This year, MJBizCon is debuting an exclusive, all-day event for cannabis marketing and branding professionals. Taking place Nov. 15 at the Westgate Las Vegas Resort & Casino, Amp Your Brand will teach attendees how to make data-informed decisions, share where to get the biggest bang for your marketing buck and unpack the value of influencers. The event will feature top marketing professionals from inside and outside the cannabis industry. We hope to see you there.

All About the Visuals

For the story “Logo Cheat Sheet,” reporter Kristen Nichols sought out the expertise of cannabis branding pros who specialize in making the right first impression—both at retail and for consumer packaged goods. Their advice? Think twice before using the classic green

Kate Lavin is the editor of MJBizMagazine. Reach her at kate.lavin@ mjbizdaily.com.

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FIVE QUESTIONS with Paul Weaver

Tempest in a TeaPot? Beverage company rolls out cannabis-infused tea as Canadian government considers amending purchase limits By Matt Lamers

roduct quality and aesthetics go a long way when communicating with new and potential customers, but you also need solid budtender outreach, according to Paul Weaver, head of cannabis at Boston Beer Co. “They are the gatekeeper to that retail purchase,” Weaver said of front-line marijuana retail workers. This May, Boston Beer Co., the producer of Samuel Adams beer and Truly Hard Seltzer, announced plans to launch TeaPot, a line of nonalcoholic, THC-infused teas, in Canada this summer. The Boston-based brewer, which trades as SAM on the New York Stock Exchange, is one of a handful of U.S. businesses that have expanded into Canada’s adult-use cannabis industry. A proposed change to federal regulations that would effectively increase the amount of cannabis beverage consumers could

Paul Weaver

10 August 2022 | MJBizMagazine

purchase by more than eightfold isn’t expected to be ready until fall, Canada’s federal health department said. “As far as regulation changes go for cannabis in Canada, the hanging fruit doesn’t get any lower than this,” Weaver said of the shift. MJBizMagazine spoke with Weaver about Boston Beer’s strategy and how it hopes to breathe life into the struggling infused beverages category.

What lessons from the alcohol industry do you bring to cannabis beverages? Boston Beer Co. is the maker of Truly Hard Seltzer, Samuel Adams beer, Twisted Tea and Angry Orchard hard cider. The way they approached all of those products was a slow, methodical, patient approach in terms of establishing a great product, helping promote the category and playing the long term of building both a brand and a category at the same time. It’s that philosophy that we’re taking to cannabis beverages. It’s still a very small category, but one that we believe is a growth frontier for us. For now, we’re starting slow. We’re starting here in Canada, which is a new market for us, building out what we believe is a best-in-class product. … So that one day, when we do have the permission to enter the U.S. market or other global cannabis

markets, we’ve got a well-oiled product pipeline that we can execute.

What will the proposed regulatory amendment change, if anything, in terms of consumer behavior? In any (consumer packaged goods) category—and alcohol certainly preaches this message—there are only two types of purchase behaviors: stock up or impulse buy. When you’re restricted to five or six cans (current regulations), you’re almost always just buying on impulse or (for) specific consumption occasions. But when you’re able to buy multiple units, when you’re buying by cases, you can just perpetually have a cannabis beverage in the fridge. And I think that’s the behavior shift that you’re going to see as the gram equivalencies open up. You don’t have to plan in advance and go to the dispensary to buy enough for that occasion. You can stock up and just keep them on hand. I think that’s that behavior shift that you’re going to see by being able to buy more than five.

Do you think looser beverage rules would make a meaningful difference? I don’t think any cannabis company is going to change their demand forecasts drastically as a result of this (proposed regulation change

FIVE QUESTIONS for) gram equivalency. I think what you’ll see is those passionate consumers who really love the category are going to be that much more passionate, that much more evangelical, bringing more products to more consumers. So, I think you’re going to see kind of a lagging benefit from the gram equivalencies. I don’t think anyone’s going to overinvest … especially since we don’t know when it’s going into effect. We’re just happy to see it open up, and we’ll respond reactively to what happens (in consumer demand).

you’re able to communicate in a much more succinct manner than you would in a traditional kind of media mix. For us, it’s about two narratives. We have an amazing-looking product that tastes great that our new consumers will actually walk into a dispensary for the first time (to buy). The other challenge is being undeniably dope to a budtender so they can advocate your product once they’re in that store. (Budtenders) are the gatekeeper to that retail purchase.

How do you communicate with potential consumers?

Do you think that in your lifetime cannabis will be treated the same as alcohol?

You have to get creative with your compliance. Digital marketing can be an age-gated environment, and

Oh, absolutely. You’re talking about a product that, as it is legalized, dispels every myth

about what will happen if you legalize cannabis. And whether it’s strictly tax revenue or the public sentiment in support of cannabis … within my lifetime, sure, I could see it being viewed no different than alcohol. Every day people are welcoming and accepting cannabis, and that number inches up every day. Whether that will manifest in terms of public policy, I think at some point that has to tip. This interview was edited for length and clarity.

Matt Lamers covers international markets for MJBizDaily. You can reach him at matt.lamers@ mjbizdaily.com.

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HEMP NOTEBOOK Kristen Nichols

Babies and Barley Larger market forces have an outsized impact on hemp—and marijuana isn’t far behind

hat do the prices of baby formula and barley have to do with cannabis? Quite a lot if you’re working with low-THC hemp. And it turns out they have lessons for high-THC marijuana operators, too.

Turmoil and economic sanctions have thrown any number of global commodity markets into disarray.

ALL SIGHTS ON FORMULA Two events this spring underscored how the hemp and CBD industries are shaped by market forces that have nothing to do with cannabis. Let’s start with baby formula: Shortages and a scary recall turned the nation’s attention to the U.S. Food and Drug Administration, which was ordered to throw new resources toward securing a safe and abundant supply of infant formula. After two years of pandemic response, the baby-formula crisis underscored how often the FDA must turn its full attention to new and imminent health and safety threats. As a result, the FDA’s hesitancy to allow over-the-counter CBD took a back seat yet again. Remember those bills promising to chart a reliable path to market for CBD, upending years of established policies on dietary supplements? All of them seemed to go from “long shot” to “fat chance” in the halls of Congress, where no sensible politician would risk being seen as caring more about cannabis policy than the cries of hungry babies.

GRAIN AND UKRAINE Next, consider barley. The lowly cereal grain is also a major ingredient

12 August 2022 | MJBizMagazine

in animal feed and beer, making it the No. 4 crop in the world. What nation grows a lot of barley? Ukraine. As you can imagine, Ukrainian barley farmers didn’t have much opportunity to get a 2022 crop planted while trying to fend off Russian troops. The result has been price spikes for barley farmers elsewhere, including in the United States. It’s a similar picture for other commodity crops formerly sourced from Ukraine and Russia. Turmoil and economic sanctions have thrown any number of global commodity markets into disarray.

CANNABIS CONNECTION Both events—the baby-formula crisis and the war in Ukraine— matter to the hemp industry. Hemp is more impacted by the global market and political forces because the industry is not irrationally confined to state borders, as marijuana businesses continue to be. Hemp activists rightly congratulate themselves for persuading Congress in 2018 to authorize hemp cultivation nationwide. But they’d be fooling themselves not to realize that low prices for other farm commodities

in 2018 (and a nasty trade war with China, engineered by the Trump administration) played a significant role in convincing farm-state conservatives to take a chance on letting farmers grow hemp. In the spring of 2019, those low prices drove countless farmers to seek refuge in the hemp industry, hoping for enormous per-acre profits from a sexy new product: CBD. Overproduction and a market crash resulted. As hemp farmers approach the fourth harvest season with legal hemp, the crop will continue to be affected by larger market forces. Cannabis operators at all THC levels would be wise to take note. Savvy marijuana operators should plan now to build cannabis businesses that won’t be upended by war or unexpected health emergencies. Otherwise, they’ll look back fondly on the days when marijuana was confined to in-state bubbles with fewer impacts from global market forces.

Kristen Nichols covers hemp for MJBizMagazine. She can be reached at kristen. nichols@mjbizdaily.com.

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COMPANY NEWS U.S., Canada & International by MJBizDaily & Hemp Industry Daily Staff U.S. DEVELOPMENTS Shryne Group Gets $170 Million Loan

Silver Spike Investment Corp. co-led a loan worth up to $170 million to Shryne Group, a privately held California marijuana grower, manufacturer and retailer. The senior secured term loan is “among the largest ever debt facilities provided to a private cannabis company,” Frank Kotesen, head of credit for Silver Spike Capital, said in a news release. New York-based Silver Spike Capital manages Silver Spike Investment Corp. Other loan participants were not disclosed, nor were terms of the loan.

Bright Green Stock Tumbles After Initial Surge

Bright Green Corp. made history as the first plant-touching marijuana business to trade on a major U.S. stock exchange. The company’s initial market value on the Nasdaq soared to $9 billion at one point, but the Florida-based company’s shares plunged from nearly $60 per share to the low single digits at press time. Bright Green hopes to sell cannabis products on the commercial markets, provided the federal government legalizes marijuana.

IIP Buys Texas Site for $22 Million

San Diego-based Innovative Industrial Properties (IIP) will pay $22 million to acquire 25 acres of land and a facility from

14 August 2022 | MJBizMagazine

Texas Original, a medical cannabis company in Austin, Texas. IIP, a publicly traded real estate investment trust, said that it is spending an initial $12 million to acquire the land and will pay an additional $10 million when Texas Original finishes building out a cultivation and production facility. Texas Original is one of three vertically integrated license holders in the state’s limited MMJ market.

Dutchie Lays Off 8% of Workers

Oregon-based marijuana tech company Dutchie laid off 67 employees, or about 8% of its 700 workers. Dutchie CEO and co-founder Ross Lipson said that a “dramatic market shift” led management to cut costs in the face of economic uncertainty. Dutchie provides e-commerce solutions and payment processing services to roughly 5,000 marijuana retail shops in the United States. The company was valued at $3.75 billion in October after a $350 million funding round.

More North American MJ Workers Unionize

Employees at marijuana companies in three states and one Canadian province are the latest cannabis industry workers to join labor unions and ratify contracts. Cultivation and retail workers at Denver-based Green Dragon voted 14-11 to unionize with United Food and Commercial Workers (UFCW) Local 7. Earlier this year, employees picketed the business, which operates in Colorado and Florida, alleging unsafe working conditions.

Employees at the Rise marijuana store in Joliet, Illinois, joined Teamsters Local 777. Rise is operated by Green Thumb Industries. Employees from Oakland, California-based marijuana distributor Nabis ratified their first union contract after a December vote. The contract, negotiated by Teamsters Local 630, includes guaranteed raises, paid vacation, sick days and holidays. And Quebec’s government-owned Société québécoise du cannabis (SQDC) cannabis retail monopoly ratified an agreement in principle with a group of workers represented by the Confédération des syndicats nationaux (CSN). The agreement was adopted by workers at 15 out of 16 CSN-represented stores.

Colorado Companies Face Tough Decisions

Veritas Fine Cannabis, one of Colorado’s largest marijuana brands, laid off 33 employees—almost a quarter of its staff—and shuttered one of three cultivation sites. Meanwhile, Buddy Boy, a chain of Denver marijuana stores that initially said it would be shutting down because of economic conditions, was closed early by the city for alleged nonpayment of taxes. According to local news reports, Buddy Boy Brands owed roughly $500,000 in back taxes at the time the company’s seven stores were shut down by the Denver Department of Finance.

Major League Baseball clears CBD sponsorships

Major League Baseball will allow teams to accept CBD sponsorships, a watershed advance for cannabis acceptance in professional athletics.

COMPANY NEWS U.S., Canada & International 2023, provided the products don’t contain THC and have been certified by the NSF, an independent food-safety group. The MLB sponsorship announcement opens the doors for brand patches on uniforms and televised commercials. The office of MLB Commissioner Rob Manfred notified teams that hemp-derived CBD manufacturers can sponsor teams starting in

Safe Harbor Makes First Out-of-State Loan Safe Harbor Financial, a

Colorado-based marijuana industry finance company, recently inked its first out-of-state loan. The firm lent $5 million to Massachusetts-based Solar Cannabis, which plans to use the money for expansion. Safe Harbor has an agreement to combine with and be taken public by special purpose acquisition company Northern Lights Acquisition, although that deal has not yet closed.

CANADIAN DEVELOPMENTS Sundial Targets Zenabis Through Stalking Horse Bid

One week after Hexo Corp. subsidiary Zenabis Global filed for creditor protection, Canadian cannabis company Sundial Growers said it signed a deal to put in a stalking horse bid to buy Zenabis’ assets. Calgary, Alberta-based Sundial did not disclose the value of the bid. Sundial, which invested in Zenabis in December 2020 via a senior loan worth $45.6 million (CA$58.9 million), said Zenabis still owed $40.2 million as of June 16. Zenabis previously characterized Sundial’s actions related to that debt as “an attempt to coerce Zenabis into being acquired by Sundial” and subsequently agreed to be acquired by Hexo for $185 million in stock. Sundial’s bid is subject to Quebec Superior Court approval.

Canopy Swaps Shares for Debt, Settles Lawsuit

Canadian marijuana producer Canopy Growth reached a deal with noteholders to swap $198 million of debt for shares and cash, thereby reducing a substantial portion of its convertible debt set to mature next year.

16 August 2022 | MJBizMagazine

According to an arrangement with a limited number of noteholders, including parent company Constellation Brands, Canopy will acquire the outstanding 4.25% unsecured convertible senior notes due in 2023 in exchange for common shares and approximately $2.3 million in cash. Separately, Canopy Growth settled a trademark dispute with French orange liqueur producer Rémy Cointreau, which argued that the cannabis producer’s line of “Quatreau” beverages infringed on the Cointreau trademark. Details of the settlement were not made public.

Flowr Cuts 40% of Staff, Sells Assets to Save Cash

The Flowr Corp., a cannabis producer based in Toronto, eliminated 40% of its workforce and sold a large parcel of land in a bid to save more than $3 million in cash. The company sold a 17-acre parcel of land for $2.6 million in a deal expected to close in mid-August.

Settlement Near in Contamination Suit

Canadian cannabis producer Organigram said it reached a “proposed settlement” worth about $1.8 million in a class-action lawsuit

regarding pesticide-contaminated medical marijuana that the company recalled in late 2016 and early 2017. The Supreme Court of Nova Scotia will hold an Aug. 31 hearing to consider the proposal.

Aurora Cuts 12% of Staff, Buys Back $20M in Debt

Edmonton, Alberta-based Aurora Cannabis is cutting 12% of its global workforce as part of a corporate restructuring. The company said it identified additional cost savings worth up to $69 million. Aurora had 1,643 employees as of Sept. 27, 2021, although the company has since restructured and closed facilities. Separately, Aurora Cannabis bought back roughly $20 million worth of convertible senior notes to “reduce the company’s debt and annual cash interest costs.” Have a company announcement you want us to consider? Send a news release or general information to magazine@mjbizdaily.com. (Note: We’re looking for news about expansions, financing, deals, partnerships and similar developments, not product-related announcements.)

INDUSTRY DEVELOPMENTS National & International

U.S. News FDA Bans Juul E-cigarettes, MJ Vape Impact Possible The U.S. Food and Drug Administration ordered popular e-cigarette maker Juul’s products off the market, a move that could impact the marijuana vape industry going forward. The FDA ordered Juul to stop selling and distributing mentholand tobacco-flavored vapes as part of ongoing efforts to crack down on youth vaping. Juul Labs spun off Pax Labs, a popular marijuana vape maker, in 2017. Pax declined to comment about the FDA order. The federal illegality of marijuana likely will keep the industry safe from FDA interference for the time being, but “this doesn’t mean that will be the case forever,” said Arnaud Dumas de Rauly, CEO and co-founder of The Blinc Group, a vape manufacturer based in New York.

Switzerland to Launch Regulated Medical Market Switzerland’s seven-member Federal Council presented its Parliament with an amendment to the country’s Narcotics Act that would remove the ban on medical cannabis, effectively opening the door to a wider medical marijuana market. Additionally, a special permit from the Federal Office of Public Health will no longer be required, and MMJ patients will be able to get a normal prescription from their doctor. The government said demand for such permits has been increasing, adding an unnecessary administrative burden and ultimately delaying treatment. National ordinance adaptations will be necessary to implement

18 August 2022 | MJBizMagazine

the change, which the government anticipates will take effect Aug. 1. Authority to regulate the cultivation of cannabis for medical purposes will fall on the Swiss Agency for Therapeutic Products, or Swissmedic.

Lawmakers Ax SAFE Banking; Similar Measure Introduced The SAFE Banking Act has hit another wall. According to U.S. Rep. Ed Perlmutter of Colorado, co-sponsor of the legislation, a committee tasked with reconciling differences between House and Senate stimulus bills dropped SAFE Banking, which had been included by the House but not the Senate. “The Senate continues to ignore the public safety risk of forcing cannabis businesses to deal in all cash,” said Perlmutter, who filed to have the legislation added as an amendment to the national defense budget bill for fiscal year 2023.

In a separate development, a bipartisan bill with similar aims as the SAFE Banking Act was filed by U.S. Reps. Troy Carter of Louisiana and Guy Reschenthaler of Pennsylvania. The two legislators introduced the Capital Lending and Investment for Marijuana Businesses (CLIMB) Act of 2022. The CLIMB Act would: • Guarantee that financial institutions working with marijuana companies would be protected from federal regulators. • Bolster business lending to state-legal marijuana companies. • Protect federal agencies such as the Small Business Administration so they could issue grants and loans to cannabis companies. The CLIMB Act already has garnered endorsements from several cannabis industry associations.

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INDUSTRY DEVELOPMENTS State by State

WA MT

MN ID

PA IL

DE MD VA

TN AR

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OH WV

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■ Medical ■ Recreational HI

State News

Note: This map does not include states that have legalized only CBD-based oils.

Alabama Prospective medical marijuana companies might be able to start applying for cannabis business licenses in the fall, with sales slated to start as soon as next spring, according to state regulators. Sept. 1 is the target date to launch the application process for grower, processor, retailer, transport and testing lab licenses. If the newly established timeline holds, companies could begin submitting applications to regulators 45 days later. Regulators have established the following caps on medical marijuana licenses: • Five vertically integrated marijuana companies that can grow, manufacture, transport and operate five retail stores. • 12 growers. • Four processors. • Four dispensaries, with the option to open three locations in different counties, for 37 total possible dispensaries. The laws also allow for testing labs and transport businesses. No flower or edibles will be allowed.

20 August 2022 | MJBizMagazine

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INDUSTRY DEVELOPMENTS State by State Arizona A key marijuana bill failed in the Arizona Legislature, frustrating social equity advocates who believe more established companies torpedoed the bill to monopolize the state’s cannabis market. The defeat of House Bill 2050 means social equity licensees will, for now, be shut out of most of the major metro markets in Arizona, including Phoenix and Tucson. By contrast, longstanding medical marijuana companies in Arizona have wider latitude when choosing locations and were given first crack at selling both medical and recreational cannabis products when the adult-use market launched in January 2020.

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State Supreme Court justices harshly criticized Arkansas’ medical marijuana regulators in both concurring and dissenting opinions over a recent lawsuit regarding an MMJ business license. The justices blasted the state Medical Marijuana Commission for a variety of failures despite upholding the MMC’s decision to not grant a license to the company behind the lawsuit, Eureka Green. “We see one appeal after another that highlights the MMC’s shortcomings,” Justice Courtney Rae Hudson wrote in an opinion, adding that “we should not forget” allegations of bribery dating to 2018, when the Arkansas MMJ market launched. The justices also criticized the MMC for not updating its rules and protocols, as per earlier legal rulings, and found that regulators had fallen short on both the licensing process and industry rulemaking.

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INDUSTRY DEVELOPMENTS California Gov. Gavin Newsom signed the 2022-23 state budget into law, enabling a significant shift in cannabis taxes. The finalized budget eliminates the state marijuana cultivation tax and caps the 15% excise tax where it’s at for a minimum of three years. In 2025, the Legislature could revisit the issue and decide whether an adjustment is warranted. Social equity companies will pay a lower excise tax rate of 12% and receive a $10,000 tax credit. Separately, cannabis retailers in Los Angeles will soon be able to display an official emblem that signals they are operating a state-licensed business. The emblem will be given only to regulated delivery and marijuana storefronts that have passed the proper city inspections.

Connecticut More than 37,000 applications were entered into lotteries for an initial round of 56 adult-use marijuana licenses in Connecticut, including 23,487 applications for 28 social equity licenses. Application windows were staggered, and lottery dates have not yet been announced. Also, Gov. Ned Lamont signed legislation not only to crack down on marijuana “gifting” but also to allow cities to impose a $1,000 fine for failing to pay sales taxes on such transactions. The action was taken to combat illicit-market cannabis bazaars that have popped up since Connecticut legalized adult-use marijuana sales in 2021.

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INDUSTRY DEVELOPMENTS State by State Florida A cannabis investor sued state regulators for allegedly approving a request by private equity firm Gotham Green Partners to have ownership positions in two vertically integrated medical marijuana licenses in the state. Investor Michael Weisser and medical cannabis patient advocates filed the suit, which cited the state’s medical marijuana law that prohibits an individual or entity from “directly or indirectly” having an ownership stake greater than 5% in more than one license. The Florida Office of Medical Marijuana Use granted a variance to Gotham Green that allows the New York-based investment firm to own more than 5% of iAnthus Capital Holdings and MedMen Enterprises licenses. Separately, Florida regulators received a dozen applications and some confusion over a vertically integrated medical cannabis license reserved for a Black farmer. Applicants included Black farmers backed by investors with strong financial resources, according to documents posted on the Florida health department website. The documents were heavily redacted, but the correspondence reflected confusion about the process, including a requirement to be in business in the state for at least five years.

INDUSTRY DEVELOPMENTS Illinois A Winnebago County judge reversed a restraining order he issued on behalf of a dozen cultivation applicants who lost cannabis license bids. The decision means that 88 social equity applicants can start prepping their businesses to join the legal, adult-use marijuana supply chain. The judge stated that those would-be growers suing over the licensing process must follow a new administrative review law protocol to challenge the outcomes rather than the courts. Scott Redman, president of the Illinois Independent Craft Growers Association, predicted that most of the craft growers still won’t open for business until 2023.

Kansas A delta-8 THC retailer in Kansas is suing state officials for telling law enforcement that hemp-derived intoxicants are illegal drugs. Murray Dines, owner of Terpene Distribution and the Guardian Cannabis THC Recreational Dispensary, contends that Kansas Attorney General Derek Schmidt was wrong when he issued an opinion in December saying that delta-8 THC products are illegal controlled substances, even if they are derived from hemp. After that memo, Dines’ Topeka store was raided and $120,000 worth of delta-8 products were seized. Dines is asking the court to declare that Kansas’ controlled substances act is preempted by federal hemp law. He points out that states under federal law are “not authorized to alter the definition of hemp,” meaning that products made from legal hemp extracts are also legal.

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INDUSTRY DEVELOPMENTS State by State Louisiana Gov. John Bel Edwards signed several bills that will bolster the state’s medical marijuana industry. House Bill 135 allows dispensaries to sell medical cannabis to out-of-state residents who have a valid MMJ card from another state. Visitors also would need to sign a form attesting that they have a qualifying condition under Louisiana law. House Bill 190 authorizes certain nurse practitioners to recommend MMJ to patients.

Maryland State voters are expected to pass an adult-use cannabis legalization referendum in November, but industry officials are concerned the commercial market might not launch until 2025. After voters have their say, lawmakers will need to agree on a regulatory structure, but they are reluctant to commit to a firm timetable. They expressed concern about not repeating the mistakes of the state’s MMJ industry, which failed to create diversity. Once an adult-use marijuana framework is enacted, regulators will need to establish rules and start the licensing process, and license winners will need time to develop their businesses.

INDUSTRY DEVELOPMENTS Minnesota A first-of-its-kind law allowing adult-use THC sales in outlets other than medical marijuana dispensaries took effect July 1 in Minnesota, one of several states where statues have changed the rules for hemp-derived products such as delta-8 THC. Minnesota’s law limits CBD and delta-8 THC sales to adults older than 21 and sets new testing requirements for hemp extracts. But the statute also allows those products to be sold in grocery and convenience stores.

Mississippi Medical cannabis regulators opened the licensing-application process for growers, processors, testing facilities and transporters, but it could be year-end before sales start. That’s in line with the timeline expected when lawmakers passed a restrictive medical cannabis law in January. There’s no cap on the number of licenses to be issued, but the law allowed municipalities to opt out. Eighty municipalities and 19 counties had decided to ban dispensaries as of May 23, according to the state Department of Revenue.

INDUSTRY DEVELOPMENTS State by State Missouri Three licensed medical marijuana companies in Perryville agreed to surrender their business licenses as part of a settlement with state regulators. The companies’ owners signed a deal with Missouri’s MMJ regulators to transfer operational control to a third party by the end of June and then either sell their permits or relinquish them to the state by the end of November. The companies in question—Archimedes Medical Holdings, FUJM and Holistic Health Capital—were accused by regulators of several rules violations, among them unexplained power outages of security cameras at MMJ cultivation sites and improper pesticide use by growers. The settlement ended the state’s investigation into the allegations, though the companies’ owners will be barred from future license ownership in Missouri.

Montana State voters rejected a proposed ban on adult-use marijuana businesses in Montana’s most populous county. Residents also approved 12 cannabis-related tax measures in various counties, signaling further voter approval of the marijuana industry. In Yellowstone County, the state’s most populated county and home to Billings, voters nixed a proposed ban on recreational marijuana sales with 58% of the vote. Meanwhile in Granite County, 53% of voters backed a ban on adult-use sales. Sales-tax measures for both adult-use and medical marijuana—all amounting to a tax of about 3%—were approved in Big Horn, Blaine, Carbon, Lake, Lewis and Clark, Powell, Ravalli, Richland, Roosevelt, Rosebud and Silver Bow counties. While Gallatin County voters approved a local sales tax, voters will answer the question again in November because of an administrative error.

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INDUSTRY DEVELOPMENTS Nebraska Backers of a medical marijuana referendum in Nebraska won an initial court battle that could pave the way for the measure to reach the ballot this fall. A U.S. District Court judge decided to temporarily suspend a requirement that forces petitioners to get signatures from rural counties as well as larger cities. The ruling is a preliminary injunction, and a final decision will come later. The MMJ proponents claimed that the signature-distribution requirement violated the 14th Amendment by giving “disproportionate influence to voters in sparsely populated counties.”

Nevada Regulators finalized rules that open the state to an estimated 60-65 marijuana consumption lounges, a move long desired by an industry eager to take advantage of the bustling tourism industry. The first marijuana consumption lounges are expected to open before year-end, according to the Cannabis Compliance Board. The board voted unanimously to approve regulations surrounding the licensing and operation of cannabis consumption lounges. Roughly 40-45 licenses would be issued for lounges attached to existing marijuana stores and another 20 for independent lounges. Ten of those licenses would have discounted fees for social equity applicants or individuals with nonviolent marijuana convictions who live in designated disadvantaged areas. Regulators are expected to open the application process this fall.

INDUSTRY DEVELOPMENTS State by State New Jersey Regulators fined five marijuana multistate operators a total of $360,000 for allegedly making nearly 3,200 adult-use sales in April during hours that were set aside for medical cannabis patients. The action shows that New Jersey regulators were serious when they said they intended to fine marijuana companies $10,000 per day if they didn’t prioritize MMJ patients. The operators were allowed to fast-track adult-use sales based on their pledge that they had enough medical marijuana supply and would put MMJ patients first. The companies fined included New York-based Acreage Holdings and Ascend Wellness, Illinoisheadquartered Green Thumb Industries and Verano Holdings as well as Massachusetts-based Curaleaf Holdings.

New Mexico A medical cannabis company filed a lawsuit attempting to force seven major insurance companies to reimburse about 74,000 MMJ patients for their dispensary purchases. Ultra Health of Bernalillo filed the suit against Blue Cross and Blue Shield of New Mexico, Cigna Health and Life Insurance Co., Molina Healthcare of New Mexico, Presbyterian Insurance Co., Presbyterian Health Plan, True Health New Mexico and Western Sky Community Care. The lawsuit is based on a state law passed in 2021 that requires insurers to reimburse patients 100% for the cost of any care related to mental or behavioral health.

Oregon Law enforcement officers in southern Oregon seized more than 12,000 marijuana plants in mid-June from a single illegal grow site with 32 greenhouses in Jackson County. Earlier in the month, Jackson County law enforcement busted three unlicensed marijuana operations, seizing nearly 4,000 plants and more than 1,300 pounds of processed illicit-market marijuana. And Douglas Interagency Narcotics said it has “eradicated” illegal marijuana from five sites in Douglas County, Oregon, that had more than 8,000 plants total.

Pennsylvania A state judge ruled that medical marijuana operators can resume selling vape products that were recalled four months ago, a major win for the state’s MMJ businesses. In February, Pennsylvania marijuana regulators recalled more than 500 vape products, claiming they contained ingredients not approved by the U.S. Food and Drug Administration for inhalation. Producers, processors and retailers feared that the ruling could have devastating financial losses. The judge’s order allows dispensaries to immediately restock MMJ vape products, pending final resolution of the case. State regulators indicated that they intend to continue the legal fight.

Texas The state Supreme Court restored a 2019 smokable-hemp ban, throwing out a lower court’s rejection of the prohibition and outlawing any companies in the state that currently manufacture hemp products for smoking. The unanimous decision turns down arguments from four Texas hemp companies, arguing that the ban passed by state lawmakers was unconstitutional because it is “so burdensome as to be oppressive.” The Texas justices noted that hemp production was illegal in Texas before 2019, so the manufacturers had little basis for arguing that the smokable-hemp ban took away a previously allowed business activity. Note: Entries sourced from MJBizDaily, Hemp Industry Daily and other international, national and local news outlets. These developments occurred before this magazine’s publication deadline, so some situations might have changed.

30 August 2022 | MJBizMagazine

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To succeed in an increasingly competitive environment, cannabis executives need to differentiate their businesses from others, and that requires a winning branding strategy. But branding that worked a decade ago might not work in today’s cannabis climate. Executives should be mindful that: • In tough economic times, businesses should emphasize value. They also should understand that value goes beyond price and includes quality, experience and other attributes. • Company leaders need to ask and answer questions about their business’ mission and values to craft messages that convey the brand effectively and authentically. • Creating a branding and visual guide ensures executives and employees stay on the same page. • Cannabis businesses have more platforms for advertising than in past years, including podcasts and streaming radio, while marketing regulations offer increasing clarity. • Companies are more likely to differentiate themselves from rivals if they focus on presenting a “single-minded” message rather than one with too many points.

34 August 2022 | MJBizMagazine

Julie Suntrup, vice president of marketing and merchandising at vertically integrated marijuana company Schwazze, shows off the new branding outside its Star Buds store in Glendale, Colorado. Photo by Matthew Staver

D E F I N E YO U R

BRAND Cannabis firms recognize the importance of value proposition as market crowding intensifies

mjbizdaily.com | August 2022 35

DEFINE YOUR BRAND

BRANDING BEYOND BABY STEPS Marketing and creative pros advise identifying what sets your brand apart, sharing the story on multiple channels By Omar Sacirbey

rom consumer sophistication to product choices, the cannabis market looks different than it did even a few years ago. And brand strategies that worked then might not cut it today. So what does hit the mark when establishing a brand in today’s cannabis business? In an environment characterized by greater competition, “present how your brand solves a real need or problems for people,” said Allison Disney, a partner at Chicago-based marketing firm Receptor Brands. “Communicate the benefit of your brand. Try to drive loyalty and affinity.” Disney said cannabis executives should ask themselves: • Are consumers connecting with my brand beyond the product or retail experience? • Is my company communicating its competitive advantage in a way that is compelling and insulates it from macroeconomic factors?

Receptor Brands created the branding for Bangor, Michiganbased Red Arrow Farm, which promotes its outdoor cultivation. Courtesy Photo

MEANINGFUL MESSAGES Rather than trying to convey all of your brand’s benefits, Disney said a more effective way to achieve differentiation is with a “single-minded” message. As an example, she pointed to Gatorade commercials, which are focused on hydration for high-performance athletes. “Most of us drink Gatorade not because we’re performance athletes but because Gatorade is so laserfocused on hydration … that it generates an emotional benefit of knowing that you’ll be able to perform at your highest level no matter what the activity,” she said. “It sets a really clear expectation for why I should choose this brand over something else.” Disney said she doesn’t yet see this kind of differentiation in cannabis messaging and advises marijuana and hemp brands to appeal to consumers’ “values” and “purpose” by establishing an emotional connection.

36 August 2022 | MJBizMagazine

“Finding that single thing you’re really going to be great at and being consistent … in that message everywhere you share it is going to be really important for brands as they seek to differentiate and distinguish themselves from one another,” she said. It’s also important to craft a brand that is authentic and “not manufactured”—especially in the social media age, said Dustin Iannotti, founder and creative director at Las Vegasbased Artisans on Fire, a cannabis-focused branding agency launched in 2015. One company Iannotti worked with was founded by a veteran of the illicit market, so the brand name and logo referenced prohibition. “There has to be a real backstory, you can’t just manufacture one,” he said.

COMMUNICATING VALUE During tough economic times, cutting prices and presenting your brand as a low- or moderately priced option is often an advisable strategy. “We have to meet our customers where they’re at in their pocketbook right now,” Iannotti said. “Otherwise, they’re going to go elsewhere.” Value, however, goes beyond price. To relay value when consumers have less cash to spend, brands must craft a message that communicates what people seek in turbulent times: comfort, reliability and solutions to stress and anxiety.

CLEARER REGS AND MORE AD AVENUES While increased competition makes it more challenging to differentiate a cannabis brand, today’s businesses have the benefit of clearer advertising regulations and more marketing platforms. “Digital is a great avenue for brands, because we know the rules of the road in terms of how we can operate compliantly there,” Disney said. “Social is great from an organic perspective because brands love to be able to demonstrate the engagement that they have with Allison Disney people in social.” However, Disney said cannabis businesses have “underutilized paid media” such as broadcast, print and online publications. She noted that her firm has gotten cannabis ads placed in Allrecipes, GQ and Men’s Health as well as cultural and regional guides. She also sees branding opportunities in streaming audio. “Look at the rise of podcast and streaming radio advertising. You should be thinking about how your brand expresses itself with sound,” Disney said. While Iannotti advises businesses to take advantage of the multiple advertising platforms that exist today, he believes that “video is the main thing in 2022.” “It enables you to get that message across about wellness and the specific things you want consumers to understand about the benefits,” Iannotti said. For example, his firm recently filmed a series of testimonials for a client that featured consumers from their 20s to their 70s detailing how cannabis helped them with various ailments. Disney estimated that cannabis companies seeking to hire a branding firm should expect to pay at least thousands of dollars and probably five figures. “The ability to create a beautiful brand is fairly attainable,” Disney said, adding that brands should “find a company that also knows how to tell a story beyond just making a beautiful visual ID.”

The owners of Inyo sought to create a marijuana retail establishment that caters to Las Vegas residents. Courtesy Photo

Branding David and Goliath Dustin Iannotti, the founder and creative director of marketing firm Artisans on Fire, is the brain behind the branding of Las Vegas-based Planet 13 superstore, which touts itself as the world's largest marijuana retail store. But he’s also branded mom-and-pop outfits, such as Inyo, located “well off” the Las Vegas Strip. How did Iannotti approach promoting these two very different marijuana stores? The team behind “Planet 13 knew when they set out that they were going to be the largest-square-foot dispensary in the world,” Iannotti said. “They also knew that they were going to have these experiential moments inside of the store, these Instagrammable moments.” Such highlights include a flying drone show every 15 minutes or an interactive floor that makes it look as if shoppers are walking on the ocean. “It was really easy for us to treat them as a tourist type of dispensary and just highlight the experience … in addition to being able to shop for premium cannabis products,” Iannotti said. “A lot of what we did there was really just showing … what they can expect.”

WHERE EVERYBODY KNOWS YOUR NAME

Inyo, on the other hand, wanted to be “the ‘Cheers’ of cannabis.” “It’s the local bar type of feel, where you walk in and chances are the budtender is going to remember you,” Iannotti said, calling Inyo “a very local-centric environment.” Unlike Planet 13, the focus at Inyo wasn’t on Instagrammable experiences but, rather, on deals and discounts. “Things that people care about when they are in their local community,” Iannotti added. Management also occasionally offers games with prizes, such as a free pre-roll. “The branding is more promotionbased, because that’s what locals tend to care about when they’re here every day versus tourists … over the weekend.” – Omar Sacirbey

mjbizdaily.com | August 2022 37

DEFINE YOUR BRAND

Emerald Fields is one of the retail chains owned by Colorado-based Schwazze. Photo by Matthew Staver

PRUN ING

By Omar Sacirbey

WITH A PURPOSE

Marketing executive who joined Denver-based Schwazze at a time of upheaval pinpoints brand identity going forward

ulie Suntrup joined Schwazze, a vertically integrated cannabis business, in late 2020 as head of marketing and merchandising. The Denver-based company was coming off a checkered acquisition spree and was in the middle of a sputtering rebrand. “When I got to the company, I found a disconnect (between the company and how it was being presented) … which led to us say, ‘Hey, if we’re a modern company that’s data-driven, and we’re a house of brands, I don’t think the current brand reflects who we are,’” Suntrup recalled.

38 August 2022 | MJBizMagazine

The realization led to a process of rebranding that began with interviewing Schwazze executives to “figure out their mindset” and express it in deed, word and art. Suntrup led that effort, which has included new designs and messaging on things such as business cards and letterhead. At press time, the company planned to roll out a new website in late July. Schwazze, which Suntrup describes as a house of brands, expects to finish other rebranding projects this year, such as a redesign and new tagline for its 18 Star Buds stores in Colorado.

Most of the executives, she noted, had data-driven mindsets and came from traditional industries such as grocery, retail and consumer packaged goods. The feedback that executives gave Suntrup reflected cultivation, of course, but also themes such as “purpose” and “intention,” because they wanted to convey that their decisions are based on data and facts. “We used the feedback and research to determine what best represents Schwazze and how we talk about ourselves, and we came up with this internal brand essence known as Growth by Design,” Suntrup said, adding that the phrase signifies the cannabis industry’s growth exploding in ways that require “a good Schwazze,” or thoughtful pruning, to create a profitable and mature business.

THE LOGO Marijuana retailers Emerald Fields, above, and Star Buds have different branding. Photo by Matthew Staver

“The new (Schwazze) brand is a lot more polished than what the former persona looked like. By polished, we mean we fine-tuned who we are as a company and how we talk about ourselves,” Suntrup explained.

ACQUISITION AND EXPRESSION ISSUES In early 2020, the Denver-based company was still known as Medicine Man Technologies, the consulting arm of Medicine Man, a chain of four Colorado cannabis stores. The company was fresh off a hefty infusion from Dye Capital, a private equity firm owned by Schwazze’s current CEO, Justin Dye. In April 2020, Medicine Man Technologies rebranded as Schwazze (pronounced shh-wah-zz)—a term coined by the business’ former head grower, Joshua Haupt, that refers to a technique of de-fanning and defoliating cannabis plants to maximize growth and yields. Schwazze split with the Medicine Man chain in August 2020, after several acquisitions fell through. Schwazze’s leadership team still wanted to pursue new acquisitions, but their targets often struggled to understand who or what Schwazze was. “People wanted to know more about who Schwazze is,” Suntrup said, adding that the company fielded questions about corporate values, the leadership team and how Schwazze differs from its peers. “It just became evident that the time was ripe for change in terms of who we are, our persona, what we look like, how we talk about ourselves.”

GROWTH BY DESIGN Suntrup started the rebrand process by asking Schwazze’s executive team those questions.

To assist with the rebrand, Schwazze hired Freer Industries, The new Schwazze logo a Denver design shop incorporates the letters S that collaborated with and Z with pruning shear tips. The words Grow Forth use a Suntrup and other handwriting script to make the executives. message more personal. The process took about three months, and the result was a new logo, which is a combined overlay of the letters “S” and “Z.” In the middle of the logo is a “greater than symbol” designed to resemble the tip of pruning shears, or a “schwazzing” tool. “We like it because it’s super-polished and looks modern and mainstream. We feel like it represents a company that is modern in this coming-of-age era (for the cannabis industry),” Suntrup said. She also created the tagline Grow Forth to signify what Schwazze wants to do as a company. “By fine-tuning our external brand image and adding a tagline onto it, it puts a finer point on who we are and how we operate and how we think.”

NAME CONFUSION Despite the deliberate tag lines and clever logo, Suntrup acknowledges that many people unfamiliar with Schwazze wouldn’t know that it’s a cultivation term or even how to pronounce it. For Schwazze CEO Dye, the remedy is to repeat the name and what it means as frequently as possible to increase familiarity. “On pretty much every call—whether it’s an investorrelations call or pitching to a potential capital investment group—Justin, our CEO, is always explaining Schwazze. He has a couple of sentences that explain what Schwazze is, how we think, how we do business and that Schwazze stands for a pruning technique in the cannabis space to allow for greater

mjbizdaily.com | August 2022 39

DEFINE YOUR BRAND

SEN CE BR AN D ES

IDE NT IT Y L BR AN D & VIS UA

A visual brand guide lets employees across Schwazze's properties know which colors, fonts and logos are preferred in corporate materials. Courtesy of Schwazze

realization and thriving of the plant, which is the way we think about the industry and our own business,” Suntrup explained. “So, ‘Who is Schwazze?’ becomes part of nearly every conversation we have. It’s definitely a point of discussion.”

SCHWAZZE TODAY Despite its series of unsuccessful acquisitions in 2019 and 2020, Schwazze has closed several other deals to make it a formidable “house of brands.” The company currently owns four cultivation sites in Colorado and sells its “everyday” flower under the Grow Forth Gardens brand name. Suntrup added that Schwazze plans to create a higher-end flower brand. The company also includes manufacturing facilities, namely Purplebee’s in Pueblo, Colorado, and Elemental in Albuquerque, New Mexico, which also manufacture vape products under the Grow Forth Gardens brand. Schwazze has ancillary companies, such as a nutrients division called Success Nutrients and a growing supplies division named Big Tomato. Schwazze owns 33 retail stores, including 19 Star Buds and four Emerald Fields stores in Colorado. In New Mexico, where the business is vertically integrated, Schwazze has 10 stores under the Art Greenleaf banner. Star Buds is undergoing a branding overhaul as well. The rebrand includes jettisoning the Kelly green and black color scheme, “which is very male-oriented,” and introducing oranges, reds and yellows as well as having fun with fonts, Suntrup said.

40 August 2022 | MJBizMagazine

Star Buds retail stores are being redesigned to include more warm colors. Photo by CJM

The retailer will also introduce neon lighting and signs so that lobbies are well-lit, warmer and more inviting. Suntrup describes the new look as fun, colorful, warm and friendly. Star Buds also is creating a retail section called the Launch Pad for “new and notable products.” Suntrup got the idea while visiting health-focused grocery chain Sprouts, which had a section dedicated to new products. They’ve also introduced a new Star Buds tagline: Find your happy. “It’s an Instagramable moment,” Suntrup said of visiting the rebranded outlets. “You and your pals can stand in front of the ‘Find Your Happy’ neon (sign) and tag us on Instagram. … Colorado and New Mexico get a lot of tourists, and we want people to have an inviting experience and to talk about it and share it.”

mjbizdaily.com | August 2022 41

DEFINE YOUR BRAND

LO GO CH EAT SH EET 10 do’s and don’ts when building a cannabis logo and putting it on merch By Kristen Nichols

o, you’re starting a cannabis brand but don’t have a glitzy marketing team or a fat budget. And your design skills don’t match your cannabis expertise. Now you need a logo that doesn’t look like it was drawn by your cousin. You’ve got this! After all, you’ve already started a cannabis company in the face of incredible legal and financing obstacles. Consider logo design the next step on your path to becoming a self-made cannabis mogul. It’s just like teaching yourself accounting or extraction. You do it by learning from the pros. We gathered 10 do’s and don’ts for logo design from some of the cannabis industry’s branding leaders. Consider this your DIY cheat sheet for a logo that stands out (in a good way).

Restart CBD opted for a red and white logo instead of green. Courtesy Photo

DON’T: Default to a leaf Cannabis consumers are barraged by so many leafy logos that few of them stand out. “I’m tired of all the green,” said Shayda Torabi, CEO of Restart CBD in Austin, Texas. “The green lettering. The green backgrounds. The very explicit leaf. It’s all been done. If you want to attract new customers, think outside the box.” Prince’s cannabis marketing company started with a leafy logo in green, but eventually she dropped the leaf and switched to IBM blue. She wanted a logo that could go on the side of a building in her company’s small town. “I didn’t want to offend the community that I was doing business in,” she said.

DO: Create a vision board Vision boards might seem like self-help hogwash, but they’re invaluable tools used by the most experienced branding pros. How do you want your brand to make people feel? Hip? Healthy? Sophisticated? Fun-loving? Start collecting images that give you that feeling. (A digital vision board is fine; no need to cut magazines to ribbons.) Look for colors and patterns that keep turning up in the images you choose and consider them your starting points. “When we think about the definition of brand, it’s the unconscious decision or conclusion that a customer is reaching about your product. It’s your core value and your vision,” said Kim Prince, founder of Proven Media, a cannabis marketing consultancy in Carefree, Arizona.

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DO: Use the leaf when it works No design rule is absolute. Even as branding experts advise not defaulting to the cannabis leaf, they say it’s still a powerful symbol that can fit some brands perfectly. Nicole Kennebeck, marketing director for Willie’s Reserve, a cannabis brand with no leaf in its logo, pointed out that brands shouldn’t immediately rule out its use. There is a reason, she said, that people don’t put tea or oak leaves on T-shirts. “There’s power in that symbol,” she said. “When it’s appropriate, it can be a strong message in signaling culture and community.”

DO: Look outside cannabis In a crowded retail environment, you don’t want to resemble your competitors. Look beyond the cannabis industry when creating a logo. Prince takes her team shopping at Whole Foods Market grocery stores and large drug stores to get inspiration from branding and labels outside the cannabis industry. Torabi goes to REI stores for inspiration. “Imitation is the highest form of flattery,” Torabi said. “Just because somebody has done something doesn’t mean that you can’t do it better. Pick and choose what you’re gravitating toward, why you like someone’s brand, why you like their label, why you like their logo, and go from there.”

DON’T: Focus on one state You likely have big ambitions for your cannabis brand. Don’t hamstring growth by creating a logo or tagline that can’t be used in different states and countries. Kennebeck said it’s no accident that the cannabis brand owned by Willie Nelson has a text-only logo. It gives the company maximum flexibility when entering new markets. “You want brand consistency out in the world,” she said. “Be mindful that there are a lot of regulations, and they vary from state to state. So, if your message is, ‘Smoke weed,’ that’s not going to work everywhere.”

DO: Get help (when it’s cheap) Startup founders don’t have to choose between designing a logo themselves or hiring a professional. Torabi recommends using free or “free-ish” websites that specialize in logo creation. She especially likes Tailor Brands. “If you’re scrappy, and you’re just starting out, use the tools that are free and cost-effective for you to start getting your brand in front of your target customer,” she said.

DON’T: Start in color Logo colors are essential elements in a brand. Think of Coca-Cola red or FedEx purple and orange. It can seem counterintuitive to start a logo in black and white. But that’s what Colorado brand strategist Holly Prohs recommends for logo development. “I always present logos in black and white first,” said Prohs, who is also chief operating officer at Lucid Mood, a Colorado company that manufactures vapes of THC and CBD blends.

Cookies Never Stops Seeking New Recipes Cookies hit a major milestone on June 25, when it opened its 50th store, Cookies Napa. The outlet’s façade was painted in Cookies’ familiar blue hue, and the interior featured a spacious retail floor and walls dotted with branded flower strains in colorful satchels. That event followed the opening of Cookies’ CBD store in Vienna, Austria, which also sells Cookiesbranded clothing. In all, Cookies is in 10 states and five countries, and the company has 70-plus proprietary cultivars and roughly 2,000 products.

FOUNDATION OF A BRAND

Cookies’ branding story started in 2010, when co-founders Berner and Jai Chang tried a new marijuana flower strain and observed it tasted like Thin Mint cookies, which gave rise to the company’s name. But it wasn’t until Berner worked as a budtender in San Francisco that he realized there were no standout cannabis brands at the time, which presented a major opportunity. “I knew that the one who came to the game with a brand, a logo, a color, an identity, would be the most successful,” the California-based rapper told MJBizMagazine via email. That eureka moment evolved into the logo and colorful packaging familiar to many cannabis consumers today.

MAKING COOKIES

Cookies’ designers and creative team are all inhouse, said Berner, adding that he is “involved in every decision and approves every piece of art, names and packaging for all of our products.” Berner also realized that, for Cookies to stay successful, it would have to continue rolling out new products to keep the brand at the front of consumers’ minds. So he created a clothing line to serve as a “walking billboard.” “I focus on what consumers want right now,” he said. “It is important to continue to put out new products or else things get stale. We always want to keep our customers excited and wanting more.” – Omar Sacirbey

mjbizdaily.com | August 2022 43

DEFINE YOUR BRAND

Willie's Reserve hires a tailor to sew patches onto fan clothing at special events. Courtesy Photo

“Color really changes our perception of something,” she said. “Only once a logo has been determined does it make sense to start playing with color.” Colorless logo design also allows you to adjust colors later under the same logo. Think back to FedEx: The company changed the colors in “Ex” to denote different services and types of shipping, giving it a wide variety of logo variations using familiar branding with minimal extra words.

DO: Use a simple font Make your logo font simple, and resist the urge to spell your company’s name in unique lettering. Startup brands need replication, and a font that can’t be replicated in open-source content platforms such as WordPress will get changed. “If a font doesn’t exist in a place like Squarespace or Shopify or any of those platforms, I wouldn’t invest the money and time creating it,” Torabi said.

DON’T: Put a logo on everything Once you’ve got a great logo, it’s time to print it on countless stickers and low-cost items to give away, right? Wrong, branding experts say. Better to invest in fewer, more expensive swag items that really speak to your consumer than throw-away items likely to fester in business-card purgatory.

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Kennebeck’s team created a pop-up vintage clothing store that appeals to Willie Nelson fans (think lots of denim and bandanas) and hired a tailor to attach brand patches at special events. The result was an impressive number of organic shares on social media—a better investment than, say, handing out free T-shirts likely to end up as wash rags. “It’s not something that every brand can do or provide,” Kennebeck conceded. “But it really was a great way for us to share this brand in a unique way. When you see somebody who’s wearing a denim jacket with a Willie’s Reserve patch on it … it’s a brand signal that you’ve had an experience with us. And I think that is something that creates stories and legends that people love to share.”

DO: Ask for something in return You’ve got the right logo on the right products. Congrats! Now ask for something in return. Torabi advises against handing out swag to crowds. Instead, use swag to engage consumers and research their behavior. “Do I get your email address? Do I get your cell phone number? How am I capturing that person?” Torabi said. “I want to be able to say, ‘Hey, you came to my booth, I gave you this product. … Now, I want to know the next time you came to my dispensary (and) the next time you hit Add to Cart.’”

DEFINE YOUR BRAND

BR ANDING IN THE CLUTCH

By Omar Sacirbey

How one high-end fashion brand sought to woo its fans with cannabis—and found a new audience in the process

ince high school, Brett Heyman sought out acrylic clutch purses from the 1950s and ’60s. But over time, they became harder to find. That’s when the former Gucci public relations manager saw an opportunity to reproduce the purses and sell them herself. Heyman launched a high-end clutch-manufacturing business in 2010, naming it Edie Parker after her daughter. The clutches landed in stores such as Barneys, Bergdorf Goodman and Saks Fifth Avenue—as well as on red carpets, held by the likes of Emma Roberts, Kate Hudson and Solange Knowles. The most expensive Edie Parker clutches sell for north of $1,800. Heyman followed her accessories offerings in 2016 with a successful home collection. When it was time to extend the Edie Parker brand once again, she didn’t want to do it with

46 August 2022 | MJBizMagazine

something that might be expected of a fashion brand. That meant no shoes or ready-wear lines.

AN UNCONVENTIONAL EXTENSION Instead, Heyman chose cannabis. “We were trying to make things that didn’t already exist or weren’t oversaturated,” she said. “Our office is a small team of women. … We were aware of what was happening in terms of (marijuana) legalization, and we all like cannabis. So we started thinking, ‘How come people don’t treat cannabis accessories like other home accessories, even bar accessories?’” Heyman’s team came up with a line of cannabis accessories that were meant to be functional but also decorative and displayed rather than hidden: ceramic one-

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DEFINE YOUR BRAND

hitters, stash boxes, lighters and other items decorated in Edie Parker’s now well-known motifs. That project led Heyman and her team to look at dispensaries, and they concluded that there were no cannabis brands that catered to a consumer “who had a little bit of style.” In spring 2019, Heyman launched Flower by Edie Parker, a flower and pre-roll brand that comes in brightly colored packaging. Today, Flower by Edie is sold in Illinois and Massachusetts through a licensing agreement with New York-based multistate operator Ascend Wellness Holdings. Heyman said she wanted flower that was neither lowpotency nor high-potency but something in the medium range, so her brand’s THC level typically lands between 16% and 24%. “If you want the highest THC for the cheapest amount of money, you don’t have to come to us. That’s no problem. We think there is going to be enough weed … that appeals to everybody,” Heyman said. “I think having more loaded options is inevitable. … I think that’s probably more of a future customer, but we’ll get there.”

Brett Heyman

WOMEN AND BEYOND When Heyman launched Flower by Edie, she was thinking about women as the brand’s likely audience. She felt the fan base of Edie Parker enthusiasts she had built over nine years would prove to be cannabis consumers—and she was right. “We had certain brand values, we had a look and a style. So, whether she was new to cannabis or was discovering cannabis or already loved cannabis, we felt like we were safely different in the space,” Heyman said. But Edie Parker’s cannabis consumer base didn’t develop the way Heyman expected it to. “When we entered the space, we thought that we would be speaking to the same girl. We thought we would be speaking to the women who bought our clutches and were aware of our red-carpet presence and that we would sell them cannabis. But what’s happened much more is that

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we’ve sort of created a new customer base that doesn’t necessarily overlap,” Heyman said. “A lot of the customers who found us through cannabis were not aware of Edie Parker. We thought we would lean on that existing customer a little bit more, but that hasn’t actually happened.” Heyman said the Flower by Edie customer trends a little bit younger than the Edie Parker fashion customers, which she attributes to a lower price point than the brand’s highend bags. Another surprise: Men buy the flower, too. “I think that is in large part due to the packaging,” Heyman said. “I think packaging in cannabis has been kind of secondary, or it’s been duplicative or inspired by something else and not really that original. … People respond really well to our packaging.”

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DEFINE YOUR BRAND

The Evolution in Revolution In 2021, Revolutionary Clinics was ranked No. 4 on Inc. magazine’s list of America’s fastest-growing companies—and not just cannabis companies. The list included businesses from all industries. Not bad for a business founded only five years earlier in Fitchburg, Massachusetts. While Revolutionary Clinics is vertically integrated in Massachusetts and includes two dispensaries in Cambridge plus one in Somerville, both bustling Boston suburbs, it succeeded on the strength of its wholesale business, which accounts for roughly 80% of the company’s revenue. CEO Keith Cooper told MJBizMagazine that Revolutionary Clinics started as a group of “renegades and rebels.” Ryan Ansin, “the co-founder of the company, really admired Alexander Hamilton,” Cooper said. “He came up with the theme of Revolutionary, because we’re in the Boston area and it’s such an important part of our history here.” Edie Parker’s foray into cannabis began with a line of accessories meant to be displayed. Courtesy Photo

POINTS OF DIFFERENTIATION Heyman also tries to differentiate the Flower by Edie brand from its competitors with creative advertising and social media content. Most cannabis brands focus on strains and cultivators, which is not very original in Heyman’s eyes. “We come to cannabis as a fashion brand, where it’s always about what’s new, what’s exciting, what’s interesting, what’s grabbing people’s attention,” she said. “That’s how we approach our cannabis social media, just coming up with things that feel really juicy and fun and playful.” As examples, Heyman cited a Flower by Edie tag line, For a Good Time, as well as its "Weed's Come A Long Way, Baby" ads that recall famous Virginia Slims advertisements. “While we are also excited about all the health and wellness benefits around cannabis, and we believe that there’s obviously a lot of serious conversations to be had about decriminalization and expungement … we are also unabashedly women who think it’s fun to get high. So that’s a way we talk about cannabis, too.” That approach has helped them counter marijuana snobs who don’t like the idea of a fashion icon entering the industry. “We think there are a lot of people who are very comfortable with why we’re entering it and how, again, we participate in the conversations around normalization,” Heyman said. “The fact that we are a fresh fashion brand, that we have a certain set of values that we’ve demonstrated for 10-plus years, that we’re all cannabis lovers, we feel like these are enough credible reasons for us to enter the space.”

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Revolutionary worked with an outside firm to come up with its red, white and blue logo along with a branding notion of doing something new and risky in an industry. “That’s evolved over time because, as we became more popular, people started to refer to us as ‘Rev Clinics,’ and then they started to talk about us as ‘Rev C,’” Cooper said. “Now, they’re talking about (the company as simply) ‘Rev.’” As consumer relationships with the brand have shifted, the company has changed as well. “We like the idea of more ‘Rev,’ like being revved-up and jazzy and interesting, as opposed to historical and traditional,” Cooper said. “We’re evolving as our customers are seeing us differently and talking about us differently.” – Omar Sacirbey

Revolutionary Clinics now brands its flower under the name Rev Clinics. Courtesy Photo

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INDUSTRY PLAYERS New Hires & Promotions by Omar Sacirbey

LIM College Announces Inaugural Cannabis Faculty In advance of the September start of its bachelor’s and master’s degree programs in the Business of Cannabis, LIM College in New York City announced the appointment of industry leaders as adjunct faculty members. Dasheeda Jesce Cannabis advocate, business strategist and author Dawson Horton Dasheeda Dawson will teach The Retailing of Cannabis. As the Cannabis Program manager for the city of Portland, Oregon, Dawson oversees regulatory licensing, compliance and equity initiatives. She also serves as board chair of the national Cannabis Regulators of Color Coalition and participates in the Oregon Cannabis Commission Governance Frameworking subcommittee. Jesce Horton, CEO at Oregon craft cannabis producer Lowd, will teach the Business of Cannabis Cultivation and Manufacturing. An engineer and horticulturist, Horton is a co-founder of the Minority Cannabis Business Association and David serves on the board of the Resource Innovation Kristin Jordan Paleschuck Institute and the Oregon Cannabis Association. Attorney Kristin Jordan, founder and CEO of Park Jordan commercial real estate brokerage, will teach Regulatory Compliance in the Cannabis Industry. Until recently, Jordan served as the director of real estate at cannabis multistate operator Acreage Holdings, where she led site selection for cultivation, processing and dispensary facilities. Jordan is the founder and CEO of Mannada, a New York-based cannabis event-production company, and a co-founder of the Cannabis Cultural Association as well as the Asian Cannabis Roundtable. David Paleschuck, founder of Branding Bud Consulting Group, will be teaching Cannabis Marketing. His book, ”Branding Bud: The Commercialization of Cannabis,“ was an Amazon best-seller. With more than 20 years of brand-building and consumer marketing experience with American Express, MasterCard, PepsiCo and Microsoft, Paleschuck has played a role in developing and marketing many of today’s best-known brands.

Vertically Integrated Marijuana Chain Hires CFO Chalice Brands, a vertically integrated cannabis company headquartered in Portland, Oregon, appointed Richard Lindsay as interim chief financial officer. The appointment follows the resignation of Andrew Marchington, who left Chalice for personal reasons. Marchington will serve in a consulting capacity to support a smooth transition. Before joining Chalice Brands, Lindsay, a U.S. Navy veteran, was an independent consultant providing executive services to breweries, distilleries and cannabis 52 August 2022 | MJBizMagazine

businesses in the areas of mergers and acquisitions, strategic planning and business process redesign. He has held the roles of CEO and chief financial officer, serving as CFO at the Boston Beer Co., StockerYale and Bentley Pharmaceuticals. Lindsay is a licensed CPA and began his accounting and finance career with “big four” accounting firm KPMG in its manufacturing, retail and distribution practice. Lindsay will help lead Chalice Brands through the filing of audited financial statements and the search for a permanent CFO.

Vape Tech Firm Nabs COO The Blinc Group, a vaporizer technologies company in New York City, hired cannabis industry veteran Pete Sahani as its new chief operating officer. Pete Sahani

INDUSTRY PLAYERS Before joining Blinc, Sahani spent a year at Calyx Containers, filling the role of senior director of operations and supply-chain. Sahani also held high-level supply-chain posts with Vaporous Technologies in Los Angeles, where he was chief operating officer; Greenlane Holdings in Torrence, California, where he was vice president of global sourcing; and LGS Consultants in the Los Angeles area, where he was a supply chain and product-development adviser. Sahani's pre-cannabis life included 13 years at Van Nuys, California-based machinery company Rajysan, where he was vice president of product development, sourcing and engineering.

Cannabis Real Estate Company Lands New CEO NewLake Capital Partners, a Connecticut-based provider of real estate capital to statelicensed cannabis operators, announced that President and Chief Investment Officer Anthony Coniglio was promoted to CEO effective July 15. David Weinstein, NewLake’s CEO since August 2020, will continue as a member of the company’s board of directors and investment committee. He led NewLake through a March 2021 merger and IPO in August 2021. Cynthia Cabrera

Sustainability Group Adds Marketing Specialist

Resource Innovation Institute (RII), a nonprofit organization that supports and advocates for sustainable agriculture, hired veteran communications expert Elyse Greenberg as its new marketing and membership director. Greenberg has a long track record of providing communications expertise to the agriculture industry. She spent five years at Fluence, a leading manufacturer of LED lighting solutions for commercial food and cannabis production, eventually serving as director of marketing communications. Previously, Greenberg worked for nearly five years as an environmental specialist for Hicks and Co., an environmental and archeological consultancy in Austin, Texas. There, she developed expertise in environmental assessment, preparing compliance documentation and evaluating the impact of projects, including the National Environmental Protection Act.

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Texas CBD Company Hires Strategy Officer Hometown Hero CBD, a producer of hemp-derived THC and cannabidiolbased products, appointed Cynthia Cabrera as chief strategy officer. The Austin-based business manufactures and distributes hemp-derived delta-8 THC, delta-9 THC, CBDA and CBGA products. Cabrera brings more than a decade of experience in the hemp and marijuana sectors to the newly created position, along with a proven track record of operational expertise, coalition building and industry advancement. Before Hometown Hero, Cabrera established the Cating Group, a consulting and businessmanagement firm focused on

emerging industries such as hemp and medical marijuana. Before launching the firm, she was president and executive director of the Smoke-Free Alternatives Trade Association, a group dedicated to distributors, manufacturers, retailers and wholesalers of vapor nicotine products.

Brand Pioneer Exits Industry C.J. Chapman, executive vice president, general counsel and corporate secretary at Denverbased BellRock Brands, a multistate house of brands, has left the company to pursue opportunities outside of cannabis. BellRock includes cannabis brands Mary’s Medicinals and Dixie. Eduardo Provencio, BellRock’s senior vice president of legal and business development, has assumed the role of general counsel. Provencio was previously Mary’s Medicinals’ general counsel before Dixie Brands merged with BR Brands. He has more than six years of experience in the cannabis industry.

Former Governor Joins Scotts Miracle-Gro Board The Scotts Miracle-Gro Co., one of the world’s biggest lawn and garden care companies, appointed former Nevada Gov. Brian Sandoval to its board of directors. Sandoval served two terms as the 29th governor of Nevada, holding office from 2011 to 2019. He is currently president of the University of Nevada, Reno, a position he has held since 2020. Before serving as governor, Sandoval was a judge for the U.S. District Court for the District of Nevada, attorney general of Nevada and served in the Nevada Assembly.

INDUSTRY PLAYERS He also served as chair of the National Governors Association from 2017 to 2018, National Council of State Governments in 2015, Western Governors Association in 2014 and the Education Commission of the States from 2013 to 2014. Sandoval will serve on the board’s innovation and technology committee and its nominating and governance committee.

National Law Firm Names Cannabis Group Co-chair Greenspoon Marder named partner Irina Dashevsky as co-chair of the firm’s cannabis law group. Dashevsky joined Greenspoon Marder in July 2021 as a founding member of its Chicago office. She represents publicly

Irina Dashevsky

traded multistate operators, state-licensed dispensaries, cultivators, manufacturers, distributors, new social equity entrants, ancillary businesses and those looking to enter the cannabis space. Her expertise includes state-level licensing, real

estate, regulatory and compliance, litigation and M&A. Before joining Greenspoon Marder, Dashevsky was co-chair of the cannabis industry group at Locke Lord in in Chicago, where she spent six years. Previously, she spent nearly five years as a managing associate at Denton’s, where she started her legal career in 2011. Before law, Dashevsky was deputy finance director with The Competence Group, a consulting firm in Chicago. Hired or promoted someone for a senior-level position? Send a news release or general information to Omar Sacirbey at omar.sacirbey@ mjbizdaily.com.

UNBOXED Cannabis Packaging and Design Insights

It's a Wrap Lowell Farms’ packaging for hashwrapped pre-rolls offers a layered reveal By Kate Bertrand Connolly

owell Herb Co. selected luxurious and protective packaging for its limitededition Hash Wraps, offering consumers a distinctive unboxing experience while safeguarding the single pre-roll within. The Hash Wrap, produced by Monterey County, California-based Lowell Farms, contains 1 gram of hash pressed into a thin sheet and hand-rolled around 0.8 grams of whole flower. Hash Wraps are produced in small batches and are available at retail only through limited drops throughout the year. The first drop debuted in September 2021. The product “is for cannabis connoisseurs who want to experience a premium, high-potency pre-roll,” said Spencer Pederson, vice president of brand strategy at Lowell Farms. The product’s THC content is 46%.

Subtle, but Elevated Each glass-tipped Hash Wrap is packaged in a food-grade glass tube with a child-resistant lid. The tube is packed inside a rigid box with a hinged lid and magnetic clasp; a molded insert secures the tube. The layers of packaging ensure the integrity of the product, which can become brittle if not stored

56 August 2022 | MJBizMagazine

Photo Courtesy of Lowell Farms

SUPPLIERS Box: Pkg Outside Limited, linkedin.com/company/papertubebox Tube, cap and glass tip: Nantong Oufeiya Imp. & Exp. Trade Co., ntoufeiya.en.alibaba.com Labels: Jano Printing & Mailworks, janoprint.com properly. They also provide the “unboxing experience that you’d expect from an (upscale) product,” Pederson told MJBizMagazine. He added that subtle branding, with black foil on black kraft paper, gives the box “an elevated look with a very tactile, textured finish.” Lowell Farms designed the Hash Wrap packaging in-house. For consistency with the other Lowell Herb Co. products, the Hash Wrap package sports a wraparound label with a serrated edge.

Starting Fresh Overall, the package is designed to be sophisticated, “akin to something you’d expect from a nice whiskey or cigar box,” Pederson noted. The product “was a completely new concept for the Lowell brand, so it was exciting to have the opportunity to start fresh and build something truly new,” he said. “It was a chance to break the mold of what a traditional Lowell product might look like.” The retail price of Hash Wraps supports the use—and cost—of robust, multicomponent packaging and high-end decorating: Hash Wraps sell for $45 at Lowell Farms’ online store, and the product is sold at cannabis retailers throughout California. To suggest a product, email magazine@mjbizdaily.com.

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mjbizdaily.com | August 2022 57

SEED TO CEO Sound Bites from the MJBiz Podcast

SEED TO CEO

veryone wants to get in on the cannabis market. The podcast “Seed to CEO” gives marijuana entrepreneurs an edge. Each week, MJBiz interviews a cannabis executive to learn the stories behind their successes and failures. To hear from those who have been there and done that, visit mjbizdaily.com/podcast or listen to “Seed to CEO” wherever you get your podcasts.

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These “Seed to CEO” podcast guests answered:

What has been your biggest challenge in the cannabis industry, and how did you overcome it?

CHANDA MACIAS

ERIN GORE

SUNDIE SEEFRIED

CEO, National Holistic Healing Center, Women Grow & Ilera Holistic Healthcare New Orleans

Founder and CEO Garden Society Cloverdale, California

President and CEO Safe Harbor Financial Denver

Not firing people fast enough. I know that’s a controversial thing to say. It’s easy to be compassionate, and it’s very hard to terminate people. But when you have bad people at your company, or it’s not working and they don’t have the skills, it can be the most detrimental thing to your company’s success. So I would say one of my biggest lessons is being very slow to hire and very fast to fire.

The greatest challenge I faced was the stigma attached to the product. Someone taught me very early: If you can’t say “marijuana,” say “product” or “cannabis.” Be professional. The only place anybody wanted to talk to me about cannabis and banking was the industry itself, so I just stopped talking about it in public. It took years for people to start accepting the fact that, as a banker, I am going to talk about cannabis banking. There are a lot of things going on out there, but it is your lost opportunity, not mine.

My family was really scared for me to enter the cannabis industry. We’ve had family members who were imprisoned for simple cannabis possession, and I had a very lucrative career (as a scientist). When I decided to embark on the cannabis industry, my family discouraged me because of the war on drugs and how many in our community went to prison for it. So one thing I do as I continue to trailblaze is make sure I’m also addressing legislation that will help with pardoning simple cannabis possession, social equity programs and social justice reforms. I never think that a patient should become a prisoner.

Comments have been edited for length and clarity. 58 August 2022 | MJBizMagazine

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