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CannabisE N T E R P R I S E
In du s t r y In s ig h t s f o r C annab i s Bu s in e s s P r o f e s s i o nal s
+DEFINE YOURSELF BEFORE
SOMEONE DOES IT FOR YOU
BUSINESS SECURITY NEEDS
VOLUME 1 | ISSUE 1 | 2014
Andy Joseph, President of
Apeks Supercritical, Discusses
East Coast
SPECIAL
EDITION
EXTRACTION +
CONCENTRATION
METHODOLOGY
for the Cannabis Industry
INTERNATIONALCANNABISASSOCIATION.COM 1
Table
of Contents
14East Coast
Cannabis
Expo Speaker
Previews
Hear from some of
the cannabis industry
experts speaking
at the East Coast
Cannabis Expo.
28
What is ICA?
Forging a path in a new
frontier can prove nearly
impossible to navigate
alone, faced with twists
and roadblocks, dead-
ends and false starts.
29
Define Yourself
Before Someone
Does It for You
This is a time of great
opportunity for the
cannabis industry, and it
is a dangerous time.
30
Q+A with
Avis Bulbulyan
An in-depth interview
with Avis Bulbulyan,
executive director of
Bulbulyan Consulting
Group Inc.
32
Business
Security Needs
As any business owner
knows, security is
a vital part of your
business plan.
04 Welcome to
the Expo!
05 General
Information
06 Marriott
Floor Plans
08 Exhibitor Floor
Plan + Listing
10 Sponsors +
Exhibitors
11 Schedule-
at-a-Glance
12 Daily Schedule
04East Coast
2 CANNABIS ENTERPRISE | ISSUE 1 2014
ABOUT CANNABIS ENTERPRISE
Cannabis Enterprise,the flagship magazine of the International CannabisAssoci-
ation (ICA), keeps the cannabis community informed of news, trends and expert
perspectives in the cannabis business world.
For subscriptions, reprints or bulk orders, contact ICA Headquarters at
702-637-7222. For access to digital versions of the content in this publication,
visit ICA’s website, internationalcannabisassociation.com.
To submit news items, story ideas or articles for publication consideration,
contact any of the editors via email or phone (see contact information above).
Publication of any article or advertisement in this publication should not be
considered an endorsement of the opinions expressed or products advertised.
Statements of fact and opinion are the responsibility of the authors alone and
do not imply approval or endorsement on the part of the officers, membership,
or staff of ICA or Cannabis Enterprise.
ABOUT ICA
The International Cannabis Association (ICA) pro-
vides the resources necessary for professionals to
succeed in the cannabis industry. Whether you’re
considering starting a cannabis business, taking
your existing cannabis business to the next level or
expanding your service to support the cannabis industry,
the ICA is here to help. By offering educational conferences and networking
events,the ICA brings together experts from across the cannabis industry as well
as individuals simply interested in getting started. As the cannabis industry’s
business-to-business association, the ICA is the professional’s source for timely,
entrepreneurial and high-quality information. To join, visit internationalcanna-
bisassociation.com or call 702-637-7222.
Copyright 2014 by ICA. All rights reserved. No part of this publication may be
reproduced by any means without the written permission of the publisher.
4 CANNABIS ENTERPRISE | ISSUE 1 2014
Welcome to the Expo!
Dear Colleagues,
As the co-founders of the International Cannabis Association (ICA), we
would like to welcome you to the 2014 East Coast Cannabis Business Expo,
Educational Conference and Regulatory Summit. Before we launch into shar-
ing our excitement for this ground-breaking event, we would like to extend our
deepest appreciation to some notable individuals. First, we thank New York
State Senator Diane Savino, the host of our regulatory summit. Without her
support, this entire event would not have been possible. We would also like
to share our gratitude to all sponsors, speakers, vendors and especially you,
our attendees.
As an attendee at this conference, you are in the unique position to ben-
efit from the collective knowledge of people who have “been there and done
that,” while simultaneously engaging in firsthand conversations with fellow
business-minded individuals to brainstorm new and better solutions to break
through old limitations. ICA was created to support professionals like you,
whether you are an innovative entrepreneur interested in breaking into the
industry or you are an established cannabis expert who is looking to grow and
expand your business.
The speakers, vendors and sponsors of this event are as eager as you are
to share their knowledge, and I encourage each of you to reach out with your
thoughts, comments and questions. As you will see from our speaker previews,
presentations will cover a vast range of topics. Prominent certified public
accountants will demonstrate financial solutions to this cash-based industry,
while consultants will explain how to get started on your license and certifica-
tion. Dispensaries, vendors and grow houses will also be present, advising on
the best business tactics to take your organization to the next level.
We hope that you are as excited to be part of this industry as we are, and we
welcome any questions, comments or feedback. For more information, please
contact Dan Humiston dhumiston@tanningbed.com or Don Hirsch DHirsch@chicagotans.com,
or visit our website internationalcannabisassociation.com.
Enjoy the 2014 East Coast Cannabis Business Expo, Educational Confer-
ence and Regulatory Summit!
Dan Humiston and Don Hirsch
Dan Humiston
Don Hirsch
INTERNATIONALCANNABISASSOCIATION.COM 5
General Information
2014 East Coast Cannabis Business Expo, Educational Conference & Regulatory Summit
Registration Services
Saturday, Oct. 11 through Monday, Oct. 13.
Marriott Marquis 5th Floor
On-site registration will be open during the following hours:
Saturday, Oct. 11...........12:30-2 p.m.
(certification class registration only)
Sunday, Oct. 12..............7 a.m. to 4:30 p.m.
Monday, Oct. 13 ............7 a.m to 4:30 p.m.
Meeting Registration
Full meeting registration includes all food functions hosted during
ICA’s East Coast Summit, access to the Exhibit Hall, networking
breaks, all educational sessions and the Industry Party. The ICA
Certification Course on Saturday, Oct. 11 is a separate fee.
Receipts
Registered participants receive a receipt with their confirmation
email. Paper receipts may be requested onsite at Conference Regis-
tration on the 5th Floor Lobby of the Marriott Marquis.
Badges
Badges should be worn at all official functions of the meeting. Badge
checkers will be stationed throughout the meeting. Only those with
full conference registrations will be allowed into educational sessions.
If you forget or lose your badge, you may obtain one replacement
badge at Conference Registration on the 5th Floor Lobby of the Mar-
riott Marquis.
Meals & Refreshments
Sunday, Oct. 12
10-10:45 a.m......................Morning Refreshment Break
Exhibit Hall
Sunday, Oct. 12
12:05-2 p.m. ......................Networking Lunch
Exhibit Hall
Sunday, Oct. 12
9 p.m – midnight................Industry Party
Broadway Lounge
Monday, Oct.13
9-10 a.m.............................Morning Refreshment Break
Exhibit Hall
Monday, Oct.13
12:50-3 p.m. ......................Networking Lunch
Exhibit Hall
Conference Directory/Inaugural ICA Magazine
Each registrant receives one copy of the inaugural ICA magazine/
Conference Directory upon registration. Additional copies may be
available at the end of the conference. Please visit Conference Reg-
istration on the 5th Floor Lobby of the Marriott Marquis on Monday,
Oct.13 to inquire if additional copies are available for purchase.
Accessibility for Registrants with Disabilities
Conference staff will work with attendees to provide reasonable
accommodations for those who require special attention. To request
assistance onsite, please check in at Conference Registration located
on the 5th Floor Lobby of the Marriott Marquis.
Cameras, Recording Devices and Cell Phones
Please refrain from using cameras, recorders and/or mobile devices
during the sessions in a manner that might disturb others. Cell phone
ringers should be set to vibrate or turned off during sessions as a
courtesy to speakers and other attendees. Personal photography is
allowed at social functions only.
Social Media
Expand your meeting experience! Follow the International Cannabis
Association on social media:
• Follow ICA on Twitter: Use #ICannabisA to keep up with meet-
ing-related tweets and updated on all ICA news and information.
• Connect with ICA on LinkedIn:
https://www.linkedin.com/company/international-cannabis-association
• “Like” the International Cannabis Association on Facebook at:
https://www.facebook.com/pages/International-Cannabis-
Association/582577151831750
Share your ideas, thoughts and experiences during the 2014 East
Coast Cannabis Business Expo, Educational Conference & Regulatory
Summit via Twitter, Facebook, LinkedIn and other social platforms, but
please avoid sharing details of any data presented during the meeting.
Lost & Found
Lost & Found is at Conference Registration located on the 5th Floor
of the Marriott Marquis. Any lost items turned in during the confer-
ence and not claimed prior to the end of the conference will be given
to Marriott Marquis security.
6 CANNABIS ENTERPRISE | ISSUE 1 2014
Marriott Floor Plans
5th Floor
7th Floor
REGISTRATION
EXHIBIT
HALL
KEYNOTE/
GENERAL
SESSION
BREAKOUT 2 BREAKOUT 1
BREAKOUT 3
INTERNATIONALCANNABISASSOCIATION.COM 7
8th Floor
9th Floor
FUNDRAISER FOR SEN. SAVINO (INVITATION ONLY)
INDUSTRY
PARTY
CERTIFICATION COURSE
8 CANNABIS ENTERPRISE | ISSUE 1 2014
Exhibitor Floor Plan + Listing
FOOD FOOD
INTERNATIONALCANNABISASSOCIATION.COM 9
advance 2000...............................................................................411
Americanex..................................................................................503
Apeks Supercritical .....................................................................201
Biotech THC................................................................................308
Blue Line Security .......................................................................409
Bulbulyan Consulting ..................................................................207
Canna Security America ..............................................................403
Cannabis State Univeristy............................................................510
cannavest.....................................................................................505
Card Connect...............................................................................415
CCI ..............................................................................................508
East Coast Supply........................................................................314
Empire State Norml .....................................................................512
Gen Tech Scientific......................................................................500
Gfarmalabs...................................................................................413
Globex Payments ........................................................................502
Guardian Data Systems................................................................205
HempMeds.....................................................................602,604,606
Kassoy LLC..................................................................................501
leafhead.com................................................................................312
Leo Shalit P.C...............................................................................203
Marijuanadoctors.com....................................................300,302,306
Medical Dispensary Bank.com.....................................................407
Metrc ...........................................................................................401
Mpower...................................................................511.513,515,517
MSP technology ...........................................................................509
National Cannabis Chamber ........................................................217
O Street Management LLC...........................................................514
Oasis Co2.....................................................................................209
PotBotics......................................................................................405
Rx Safes.......................................................................................211
Sparrow Enterprises.....................................................................506
The Med Men...............................................................................507
Waypoint Security Consulting ......................................................215
Wheresweed.com.........................................................................504
Exhibitors Booth # Exhibitors Booth #
10 CANNABIS ENTERPRISE | ISSUE 1 2014
Sponsors + Exhibitors
Presidential Sponsors
Sponsors
Presidential Sponsors
Industry Party Sponsor
INTERNATIONALCANNABISASSOCIATION.COM 11
Schedule-at-a-Glance
Saturday, Oct. 11
12:30-2 p.m. Registration for Certification Class Marquis Ballroom Foyer (9th Floor)
2-5 p.m. Certification Class Marquis Ballroom (9th Floor)
Sunday, Oct. 12
7a.m.-4:30 p.m. Registration 45th Street Registration Booth (5th Floor)
9-10 a.m. Keynote Session Salons 1 & 2 (5th Floor)
10 a.m. to 5 p.m. Exhibit Hall Open Salons 3, 4 & Lyceum Complex (5th Floor)
10-10:45 a.m. Coffee Break Salons 3, 4 & Lyceum Complex (Exhibit Hall)
10:45-11:15 a.m. BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor)
11:15-11:20 a.m. Break
11:20 a.m. – noon BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor)
12:05-2 p.m. Lunch Salons 3, 4 & Lyceum Complex (Exhibit Hall)
2-4:30 p.m. Regulatory Summit Hosted by NY State Senator Diane Savino Salons 1 & 2 (5th Floor)
5:30-7 p.m. Fundraiser for NY State Senator Diane Savino Manhattan Ballroom (8th Floor) (Political contribution required)
9 p.m. – midnight Industry Party Broadway Lounge (8th Floor)
Monday, Oct. 13
7a.m.-4:30 p.m. Registration 45th Street Registration Booth (5th Floor)
8 a.m. to 3 p.m. Exhibit Hall Open Salons 3, 4 & Lyceum Complex (5th Floor)
9-10 a.m. Coffee Break Salons 3, 4 & Lyceum Complex (Exhibit Hall)
10-10:30 a.m. BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor)
10:30-10:35 a.m. Break
10:35-11:05 a.m. BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor)
11-11:45 a.m. Break – Exhibit Hall Open Salons 3, 4 & Lyceum Complex (5th Floor)
11:45 a.m.-12:15 p.m. BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor)
12:15-12:20 p.m. Break
12:20-12:50 p.m. BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor)
12:50-3 p.m. Lunch Salons 3, 4 & Lyceum Complex (Exhibit Hall)
3-3:30 p.m. BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor)
3:30-3:35 p.m. Break
3:35-4:05 p.m. BREAKOUT SESSIONS Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor)
4:05-4:10 p.m. Break
4:10-4:40 p.m. BREAKOUT SESSIONS Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor)
4:45-5 p.m. Closing Session Salons 1 & 2 (5th Floor)
12 CANNABIS ENTERPRISE | ISSUE 1 2014
Daily Schedule
Saturday, Oct.11
12:30-2 p.m. Registration for Certification Class Marquis Ballroom Foyer (9th Floor)
2-5 p.m. Certification Class Marquis Ballroom (9th Floor)
Monday, Oct. 13
7 a.m.-4:30 p.m. Registration 45th Street Registration Booth (5th Floor)
8 a.m.-3 p.m. Exhibit Hall Open Salons 3, 4 & Lyceum Complex (5th Floor)
9-10 a.m. Coffee Break Salons 3, 4 & Lyceum Complex (5th Floor)
10-10:30 a.m.
BREAKOUT SESSIONS
• Salons 1 & 2 (5th Floor): Creating a Marketplace – John Nicolazzo
• Juilliard/Imperial (5th Floor): Cannabis Industry Licensing & Intellectual Property Opportunities and Concerns – William Sherman & Richard Blank
• Broadhurst/Belasco (5th Floor): Legal Concerns and Strategies When Investing in the Cannabis Industry – Ryan Hurley, Esq.
• Empire/Hudson (7th Floor): Bookkeeping in a Cash-Based Business – James Marty, CPA
Sunday, Oct. 12
7 a.m.-4:30 p.m. Registration 45th Street Registration Booth (5th Floor)
9-10 a.m.
Keynote Session Salons 1 & 2 (5th Floor)
• Cannabinoid Based Therapeutics & Their Role in 21st Century Medicine – Thoma Kikis, Dean Petkanas, Marvin Washington,
Dr. Safa Sadeghpour & Dr. Ron Tuma
10 a.m.–5 p.m. Exhibit Hall Open Salons 3, 4 & Lyceum Complex (5th Floor)
10-10:45 a.m. Coffee Break in Exhibit Hall Salons 3, 4 & Lyceum Complex (5th Floor)
10:45-11:15 a.m.
BREAKOUT SESSIONS
• Salons 1 & 2 (5th Floor): Exploring Potential Markets in NY by Geopolitics – Lisa Reid & Patrick McCarthy
• Juilliard/Imperial (5th Floor): Extraction Methodology – Andy Joseph
• Broadhurst/Belasco (5th Floor): Banking & Finance: How to Raise Capital and Manage Capital – Dean Guske, CPA
• Empire/Hudson (7th Floor): Medical Marijuana Grow Facility & Dispensary Video Surveillance Requirements – Michael Julian
11:15-11:20 a.m. Break
11:20 a.m. – noon
BREAKOUT SESSIONS
• Salons 1 & 2 (5th Floor): Business Opportunities: Values and Mergers & Acquisitions – Chloe Villano
• Juilliard/Imperial (5th Floor): Marijuana Industry Credit Card Processing Solutions – Michael Zielinski
• Broadhurst/Belasco (5th Floor): Why a Wall Street Model is Needed in the Cannabis Industry – Steve Janjic
• Empire/Hudson (7th Floor): Security Plan for a Cannabis Business – Michael Julian
12:05-2 p.m. Lunch Salons 3, 4 & Lyceum Complex (Exhibit Hall)
2-4:30 p.m. Regulatory Summit Hosted by NY State Senator Diane Savino Salons 1 & 2 (5th Floor)
4-5 p.m. Exhibit Hall Salons 3, 4 & Lyceum Complex (5th Floor)
5:30-7 p.m. Fundraiser for NY State Senator Diane Savino Manhattan Ballroom (8th Floor) (Political contribution required)
9 p.m. – midnight Industry Party Broadway Lounge (8th Floor) – Sponsored by
INTERNATIONALCANNABISASSOCIATION.COM 13
Monday, Oct. 13 (continued)
10:30-10:35 a.m. Break
10:35-11:05 a.m.
BREAKOUT SESSIONS
• Salons 1 & 2 (5th Floor): New Product Development for Medical Marijuana Business Insurance – Michael Cohen & Nicole Haggerty
• Juilliard/Imperial (5th Floor): How to Obtain a State License – Avis Bulbulyan
• Broadhurst/Belasco (5th Floor): Implementing a Vertically-Integrated Compliance Methodology in Your Lawful Cannabis Operation can Lead to
Successful Relationships with Banks & Increase your Chances for Obtaining Legitimate Banking Services – Dan Sullivan
• Empire/Hudson (7th Floor): Understanding the IRS 280E Tax Code – James Marty, CPA
11-11:45 a.m. Break – Exhibit Hall Open Salons 3, 4 & Lyceum Complex (5th Floor)
11:45 a.m-12:15 p.m.
BREAKOUT SESSIONS
• Salons 1 & 2 (5th Floor): What Other State Regulators can Learn from Colorado to be Successful”; Featuring a Case Study and
Brookings Institute Report Findings – Cathy Jolley
• Juilliard/Imperial (5th Floor): Medical Marijuana Testing Specificity & Public Safety – Alan Hirsch
• Broadhurst/Belasco (5th Floor): Seed to Sale Tracking – Patrick Vo
• Empire/Hudson (7th Floor): Accounting Technical Overview – James Marty, CPA
12:15-12:20 p.m. Break
12:20-12:50 p.m.
BREAKOUT SESSIONS
• Salons 1 & 2 (5th Floor): Organizing Industry Groups for Creating Standardization in the Marijuana Industry:
A Best Practices Roadmap to Success – Scott Delholm
• Juilliard/Imperial (5th Floor): Banking, Payment Processing and Cash Management – Lance Ott
• Broadhurst/Belasco (5th Floor): Branding Your Marijuana Business – Tod Martin
• Empire/Hudson (7th Floor): Corporate Structure & Legal Protection Strategies for Cannabis Businesses – Lawrence Mishkin, Esq.
12:50-3 p.m. Lunch Salons 3, 4 & Lyceum Complex (Exhibit Hall)
3-3:30 p.m.
BREAKOUT SESSIONS
• Salons 1 & 2 (5th Floor): Union Issues Resulting from the NY State Medical Marijuana Law – Richard Winsten & Joe Fantano
• Juilliard/Imperial (5th Floor): The Realities of How to Submit a Successful Marijuana Licensing Application – Adam Biermen
• Broadhurst/Belasco (5th Floor): Cannabis Business Real Estate Considerations & Concerns – Kerry Blasdel
• Empire/Hudson (7th Floor): Criminal Defense, Federal Law & Preemption Issues – Matthew Abel, Esq.
3:30-3:35 p.m. Break
3:35-4:05 p.m.
BREAKOUT SESSIONS
• Salons 1 & 2 (5th Floor): Experimental Trails: Updated Findings and Engaging Public and Private Sector Research Participation – Dr. Holt
• Juilliard/Imperial (5th Floor): Secure Storage of Your Cannabis Products – Lorraine Yarde
• Broadhurst/Belasco (5th Floor): The Top 10 Things It Takes to Make a Successful MMJ Operator – Kerry Blasdel
• Empire/Hudson (7th Floor): Legal Cannabis Real Estate Overview, Including Zoning, Landlord/Tenant Issues & Insurance – Matthew Abel, Esq
4:05-4:10 p.m. Break
4:10-4:40 p.m.
BREAKOUT SESSIONS
• Salons 1 & 2 (5th Floor): Building a Successful Brand of Cannabis Products – Ata Gonzalez
• Juilliard/Imperial (5th Floor): Employment Law Issues Arising out of Medical Marijuana Use – Barry Peek
• Broadhurst/Belasco (5th Floor): Medical Marijuana Production, Cultivation & Sales – Kathryn Awada
• Empire/Hudson (7th Floor): How Federal Law Affects the Validity of Medical Marijuana Laws in the States – Mara Felsen, Esq.
4:45-5 p.m. Closing Session Salons 1 & 2 (5th Floor)
14 CANNABIS ENTERPRISE | ISSUE 1 2014
Speaker Previews
M
ost people, lawyers
included, are vaguely
aware of federal laws
that restrict one’s
ability to engage in
marijuana business
transactions. Federal law (The Controlled
Substances Act) generally forbids posses-
sion, cultivation and distribution of mari-
juana (as well as conspiring or maintaining
premises to do so, laundering the proceeds
thereof and so on). Yet 22 states and the
District of Columbia now have laws legaliz-
ing, to various degrees, marijuana for med-
ical purposes. In addition, Colorado and
Washington passed laws in 2012 allowing
for adult use (also known as recreational
or nonmedical use) of marijuana. Even
casual observers can see there is a thicket
of seemingly conflicting state and federal
marijuana laws.
What has changed in federal law in the
last 44 years since the Controlled Substanc-
es Act (CSA) was passed, or even in the
last 18 years since the first state medical
marijuana law was passed, to allow for such
sweeping state law changes? Surprisingly
little. What is the interplay between federal
laws that seemingly forbid marijuana for any
purpose and state laws that not only autho-
rize it for medical purposes, but also explic-
itly provide for its sale and distribution? The
answer is complex and can be analyzed from
several angles.
One angle is federal preemption, derived
from the Supremacy Clause of the United
States Constitution, which essentially states
that the Constitution is the supreme law of
the land. Implicit in the notion of federal pre-
emption is that when the federal government
has exercised any of its powers enumerated
in the Constitution, federal law prevails over
any conflicting or inconsistent state law. So,
are state medical marijuana laws in conflict
with the CSA? That is a much bigger ques-
tion than it may seem. However, since no
two state medical marijuana laws are alike,
they must be analyzed broadly to answer
this question.
Drafters of California’s Proposition 215,
the first and still the most expansive state
medical marijuana law, intentionally avoid-
ed using language that would conflict with
the CSA. The CSA classifies drugs into five
categories based upon potential for abuse,
accepted medical use for treatment in the
United States and degree of safety of use of
the drug. Because federal law only allows
doctors to write prescriptions for drugs on
Schedules II-V, and marijuana is classified
as a Schedule I drug (the most dangerous
category and one for which prescriptions
cannot be written), California law codified
the right of California physicians to recom-
mend (but not prescribe) marijuana to their
patients if the patient has a condition that
the physician believes marijuana might pro-
vide relief.
Despite intentionally avoiding language
that referred to federal law, federal au-
thorities still attempted to strip California
physicians of their privileges to prescribe
How Federal Laws Affect
the Validity of State Medical
Marijuana Laws
Who:
Mara Felsen, attorney at law
What:
“How Federal Law Affects the
Validity of Medical Marijuana
Laws in the States”
When:
Monday, Oct. 13,
4:10-4:40 p.m.
INTERNATIONALCANNABISASSOCIATION.COM 15
drugs on Schedules II-V of the CSA if
they dared recommend marijuana to their
patients. The federal government lost that
particular fight in Conant v. Walter, a 2002
Ninth Circuit Court of Appeal case, finding
physicians have a First Amendment right
to recommend what they think is in the best
interest of their patients. Even now, that
case technically only applies to the Ninth
Circuit (California, Oregon, Washington,
Arizona, Montana, Idaho, Hawaii, Alaska,
Guam and the Northern Mariana Islands).
While this issue seems remote, as recently
as June 2014, Drug Enforcement Admin-
istration (DEA) agents visited with each
Massachusetts doctor whose name was
submitted in connection with dispensary
applications in that state and presented
them with a choice: either sever their ties
with the dispensaries or relinquish their
license to prescribe legal drugs (most chose
the former). While the DEA’s recent actions
with the Massachusetts doctors raises dif-
ferent issues than those at stake in Conant
v. Walter, it demonstrates that the DEA is
still closely monitoring what is happening
at the state level, and they have not yet
relinquished control.
What can a businessperson do to legally
participate in a state-authorized medical
marijuana program without being subject
to attention from, and possibly prosecution
by, the federal authorities? Various cases
are currently working their way through
the Colorado and Washington court sys-
tems, arguing, in essence, that there is no
way to avoid conflict with federal law and,
therefore, no way to avoid prosecution from
federal law. As such, there is an irrecon-
cilable conflict in these laws. While some
doubt the likelihood of success of these
cases, they strike at the foundation of the
new legalization laws and should be close-
ly followed.
Returning to the question of how to min-
imize the threat of federal interference, the
Attorney General’s office has issued a flurry
of federal memos seeking to offer clarity re-
garding federal prosecutorial priorities since
2009. While the memos lack the force of law
and provide no protection against federal
prosecution, they did offer some guidance
as to when the federal authorities would be
most likely to intervene in state medical
marijuana related activities. In 2013, they
clarified that they were primarily interested
in preventing the following: distribution
flourishing. Although there is a significant
amount of federal law that still needs to be
changed to give marijuana-related business
the parity and certainty that every other
business takes for granted (such as access to
normal banking services and taking regular
business tax deductions), there has never
been greater momentum and incentive to do
so than right now.
of marijuana to minors; revenue flowing
to criminal enterprises, gangs or cartels;
diversion of marijuana from legal states to
non-legal states; using state-authorized
marijuana activity as a cover or pretext for
illegal activity; violence and use of firearms
in cultivation or distribution of marijuana;
drugged driving and exacerbation of public
health consequences associated with mar-
ijuana use; growing marijuana on public
lands; and marijuana use or possession on
public property.
The memo further emphasized that
strong and effective state regulatory and
enforcement systems that control the flow
of marijuana and prevent unauthorized di-
version would be less likely to threaten the
enumerated federal enforcement priorities.
In other words, while adhering to the enu-
merated guidelines is no guarantee that your
business (as well as you and your property)
will be free from federal interference, there
are a tremendous number of people and
businesses following these guidelines and
Mara Felsen, a San Diego attor-
ney and advocate for the reform
of marijuana laws, lends her legal
expertise to cannabis-related
constitutional, criminal and ad-
ministrative legal issues.After be-
ginning her legal career in 1997 as a civil litigator
representing corporate defendants in class actions
and consolidated individual actions, she joined the
international law firm of Sedgwick, Detert, Moran &
Arnold, focusing in the areas of business litigation,
insurance coverage and bad faith litigation.Following
a severe car accident that resulted in multiple back
surgeries and chronic pain,she was forced to explore
alternative medicine when all else failed. Her own life
experiences as a cannabis patient combined with
her professional expertise as an attorney inform her
unique perspective in a variety of fields. Felsen grad-
uated from the University of California at Berkeley,
College of Letters and Sciences,and the University of
San Diego School of Law.
Various cases are currently working their way
through the Colorado and Washington court
systems, arguing, in essence, that there is no way
to avoid conflict with federal law and, therefore,
no way to avoid prosecution from federal law.
16 CANNABIS ENTERPRISE | ISSUE 1 2014
Speaker Previews
O
ne of the most important
decisions any new can-
nabis entrepreneur must
face is the hiring of legal
counsel to assist in opening
a cannabis cultivation cen-
ter, dispensary or both (in those states that
support vertical integration, or owning both
a dispensary and a cultivation center to sup-
ply the dispensary). An attorney is a must for
all business endeavors due to the myriad of
legal issues this industry continues to face
on both federal and state levels.
First and foremost, an attorney can help
the business navigate the “Thin Green
Line,” that narrow path between permissive
state laws for the cultivation, production and
sale of medical and adult-use marijuana and
federal laws pursuant to which those activi-
ties remain very much illegal. A marijuana
business can be a huge financial success,
but that will not mean much if the owners
find themselves in orange jumpsuits for at-
tracting the attention of federal law enforce-
ment personnel or for violating their states’
medical or adult-use marijuana regulations.
Operating a marijuana-related business
invites government scrutiny like almost no
other business that is designed and intended
to serve the public at large. Therefore, any
operation must be run “squeaky clean,”
and a qualified attorney can help ensure the
development of operating standards that will
meet that goal.
Second, an attorney can assist with the
traditional “business” issues that arise in
this industry. Just like any other business,
cultivation centers and dispensaries need to
exist within an appropriate type of legal en-
tity (corporation, limited liability company,
etc.) based on a particular state’s laws, the
entity’s business goals, tax considerations
and other related issues. Most legal entities
also require an operating or shareholders’
agreement that outlines how the entity will
operate, addressing such issues as the enti-
ty’s management, financial arrangement and
restrictions on the transfer of ownership in-
terests. If the entity intends to obtain financ-
ing from outside investors, it will require a
private placement memorandum or other
offering agreement. Cannabis businesses
need to either own or lease real estate, which
means properly drafted real estate contracts
and/or leases are essential.
Third, an attorney can provide important
assistance in the preparation of applica-
tions for dispensary and cultivation center
licenses in those states with merit-based
applications. Many of the issues that must
be addressed in those applications are either
direct legal issues or have legal undertones
that still require an attorney’s assistance
and review.
Fourth, an attorney can provide guidance
and understanding of new legal issues that
Hiring Cannabis Counsel
Who:
Lawrence Mishkin, partner
at Silver & Mishkin law firm,
corporate counsel to the ICA
What:
“Corporate Structure and
Legal Protection Strategies for
Cannabis Businesses”
When:
Monday, Oct. 13,
12:20–12:50 p.m.
Operating a marijuana-
related business
invites government
scrutiny like almost
no other business
that is designed and
intended to serve the
public at large.
INTERNATIONALCANNABISASSOCIATION.COM 17
are sure to arise as this industry grows and
becomes more mainstream. Whether this is
addressing new laws that arise as a result of
this industry (e.g., dram shop liability for
dispensary owners) or addressing legal chal-
lenges to state laws or regulations affecting
a cannabis business, strong legal represen-
tation is a must.
Finally, in case a cannabis business
owner steps over that Thin Green Line, he
or she will certainly require the services of
a criminal defense attorney. No matter how
well a cannabis business is run or what
level of compliance it displays with respect
to state laws and regulations, if the federal
government focuses in on that business and
launches an investigation, a good criminal
defense attorney may very well be the dif-
ference between fines and/or jail time or
walking away from a charge with no crimi-
nal liability.
Merely understanding why an attorney is
important to business people in the cannabis
industry is only half of the challenge. It’s
also important to know what to look for when
hiring cannabis counsel.
In this regard, the most important factor
is hiring an attorney who has knowledge of
the subject matter. There are many lawyers
who are good business, real estate, finance
and tax lawyers, but know nothing about
cannabis and cannabis laws. If an attorney
does not understand that banks typically
will not make mortgage loans to finance the
purchase of real estate on which to operate
a cannabis business, the attorney cannot
provide proper counsel on how to finance
the purchase. Similarly, that same attorney
will not understand why a client who wants
to sign a lease needs to make sure the
landlord’s property is not covered by a com-
mercial mortgage, to avoid the lender later
demanding that the landlord shut down the
tenant’s cannabis operations on the secured
property. In short, the relevant inquiry is
whether the attorney “talks the talk” of the
cannabis industry.
Just as important is to find an attorney
who is sympathetic to the cannabis industry
and has a true interest in seeing it succeed.
An attorney who lacks this interest is less
motivated to push and dig for legal answers
and solutions to problems that hinge on the
type of industry knowledge one can best gain
from actually caring about the underlying
subject matter.
If representation is needed in a state
with merit-based applications, then the
client must analyze two important consid-
erations: the size of the attorney’s practice
and conflict avoidance. As to the former,
a cannabis attorney must maintain a level
of clients that allows him or her enough
time to address the particular issues and
the attorney’s clients and with other industry
business owners (e.g., referring patients
looking for a certain cannabis strain not
sold in one dispensary to a competing dis-
pensary that carries the strain). Such a style
recognizes the fragile nature of these new
medical and adult-use cannabis programs
while they gain public acceptance over time.
Therefore, while acknowledging the compet-
itive nature of the cannabis industry (like
any other industry with multiple players),
the concept of coopetition also encourages
cannabis business people to work together in
a way that improves the public’s perception
of the industry and benefits the industry as
a whole.
The most important factor is hiring an attorney
who has knowledge of the subject matter. There
are many lawyers who are good business, real
estate, finance and tax lawyers, but know nothing
about cannabis and cannabis laws.
demands that each client has of the lawyer.
If an attorney is “overbooked,” a client will
become very frustrated at not being able to
reach his or her attorney during “crunch
time” in the application process. An effec-
tive attorney must also avoid representing
more than one applicant in any licensing
district to avoid actual or perceived con-
flicts of interest, especially if one client
applicant in the licensing district is suc-
cessful, while the other client fails to get
a license.
Finally, a good cannabis attorney will
work with cannabis clients in a way that fos-
ters an atmosphere of “coopetition” among
Lawrence D. Mishkin is a partner
in the Northbrook, Illinois law firm
of Silver & Mishkin, which rep-
resents entrepreneurs and small-
to mid-size businesses. A lawyer
for 26 years, Mishkin has tradi-
tionally focused his practice on assisting his clients
in state and federal administrative matters, and with
litigation and dispute resolution matters. He and his
firm are currently representing groups seeking dis-
pensary and cultivation licenses in Illinois, as well as
business interests that are ancillary to the medical
marijuana market. Mishkin is also the International
Cannabis Association’s general counsel.
18 CANNABIS ENTERPRISE | ISSUE 1 2014
Speaker Previews
C
urrently, the legal cannabis
industry is approaching $1
billion a year in Colorado
alone. As the marijuana le-
galization trend continues
nationally, both for medical
purposes and adult use, this industry will
eventually exceed $100 billion in annual
sales. This is about the same size as the
wine industry in the United States. Yet, this
fledging business lacks the ability to deposit
its cash and write checks. Let’s examine the
history of this problem and see what it will
take to fix it.
The banking industry has shown interest
in doing business with dispensaries; how-
ever, federal regulators continue to pres-
sure banks to close identifiable marijuana
accounts.
The truth is that most dispensaries and
grow operations have some form of banking.
A recent release from the Financial Crimes
Enforcement Network (FinCEN), which is
the anti-money laundering department of the
federal government, estimated that there are
more than 100 financial institutions current-
ly banking the cannabis industry. However,
some of these accounts are mislabeled. That
is, the bank does not know the customer is
a dispensary, because the owners misrepre-
sented the nature of their businesses.
Many marijuana business owners use
personal checking accounts to pay bills that
can only be paid by check, like federal pay-
roll taxes. They put just enough money into
those accounts to cover their bills. In other
cases, the banks accept a limited number of
marijuana businesses on a trial basis. Some
Colorado security companies have arranged
direct deposits to the Federal Reserve in
Denver.
In response to this lack of access, the mar-
ijuana industry has responded by accumulat-
ing cash to pay bills. Industry experts have
even figured out how to pay their employees
and related withholding taxes in cash. The
employees have proper withholding for their
wages, but instead of a check, a voucher is
printed out of the accounting system, and they
present it for cash at the dispensary counter.
Withholding taxes are then either taken to the
IRS in cash or paid by check from an account
that is used just for that purpose. In some cas-
es, the IRS has imposed a 10 percent fee for
receiving cash payments. In short, running a
cash-driven business is a very expensive and
cumbersome way for any business owner to
operate in our digital era.
Pressure to fix this situation comes from
many quarters. Foremost, there are public
safety issues with so much cash around.
Colorado has passed legislation encouraging
Why the Marijuana Industry
Doesn’t Have Banking Access
Who:
Jim Marty, certified public
accountant (CPA) at Jim Marty
and Associates, LLC
What:
“Bookkeeping in a
Cash-Based Business,”
“Understanding the IRS 280E
Tax Code” and “Accounting
Technical Overview”
When:
Monday, Oct. 13,
10-10:30 a.m., 10:35-
11:05 a.m. and 11:45 a.m.
to 12:15 p.m, respectively
Running a cash-
driven business is a
very expensive and
cumbersome way
for any business
owner to operate in
our digital era.
INTERNATIONALCANNABISASSOCIATION.COM 19
the formation of a credit union to bank the
industry, but no group has come forward with
the necessary capital (around $5 million) to
set this up. The U.S. Department of Justice
issued a guidance memo in February 2014
to provide banks a framework for banking
marijuana-related businesses. Since this
memo did not guarantee exemption from
prosecution under the Federal Controlled
Substance Act, which lists marijuana as a
prohibited class 1 substance, banks have not
been accepting these accounts. What are the
issues holding them back?
The main issue with FinCEN under its
“Know Your Customer” rules is that banks
must file Suspicious Activity Reports
(SARS) when banking activity does not
seem to fit the customer’s profile. Large cash
deposits will trigger a SARS filing. This can
happen to owners of laundry mats and gro-
cery stores, as well as marijuana businesses.
The FinCEN guidance document requires
that a SARS report be issued on every mari-
juana-related account, regardless of whether
there is any “unusual” activity. This creates
an added due diligence and personnel cost
burden for the bank to provide an account to
a marijuana-related business.
It could be coming from illegal drug sales
other than marijuana, from a drug cartel’s
money or even from terrorists. Understand-
ing the issue from the bank’s point of view
could lead to a possible solution.
If the bank does enough due diligence
under the “Know You Customer” rules and
can fully comply with the FinCEN guidance
document, then theoretically, it can take on
a dispensary customer. Thus, if the deposits
match the sales tax and income tax returns,
and the bank can reasonably determine the
cash is coming from a legal retail marijuana
business, it can open an account for them.
The next problem is the cost of compli-
ance. For the bank to do this due diligence
compliance, it becomes cost prohibitive.
To monitor these accounts and file regular
SARS reports with or without the “unsual
activity,” a bank would need to hire addi-
tional people for its risk compliance team.
Risk adverse banks and credit unions
have decided it is not worth the compli-
ance cost and effort to open their doors to
the industry.
Other financial institutions with higher
risk profiles have opened a limited number
of marijuana accounts on a trial basis but
part to the product’s illegality at the federal
level. Additionally, marijuana businesses
deal with large amounts of cash, and it is
a new industry that currently exists in less
than half the states. For banks, these issues
outweigh the benefits of taking on the mari-
juana industry.
One solution being tested in Colorado
is to form a company that will assist banks
with their compliance efforts and provide
industry-specific technology that makes it
easier to be monitored. This reduces the risk
to the bank because it gets a fully audited
package of tax returns and state-issued
marijuana licenses on the potential bank
customer. The first pass of the “Know Your
Customer” investigation has already been
done for the bank.
Time will tell if this is the solution that
will allow the marijuana industry to gain
access to the banking system. In any event,
it appears that with enough due diligence
and adherence to the FinCEN guidance doc-
ument, this problem can be solved.
Jim Marty, CPA, ABV, MS, has
been a CPA in the Denver Metro
area of Colorado since 1984. His
firm, Jim Marty and Associates,
LLC, has offices in Longmont and
Cherry Creek. Marty provides his
clients with exceptional tax preparation assistance
and he is accredited in business valuation, certified
in financial forensics and qualified as an expert wit-
ness in jurisdictions in Colorado and California. In
November 2009, Marty traveled to San Francisco,
California to meet with attorneys and accountants
involved in the CHAMP case and medical marijuana
taxation. Marty serves more than 100 medical mari-
juana clients, has assisted in numerous medical
marijuana IRS and State of Colorado audits, and
continues to support the medical marijuana and the
emerging adult-use marijuana industries in Colora-
do. In 2013, Marty founded Bridge West with Hank
Levy, CPA, a leading accountant in the cannabis in-
dustry in California. Bridge West is a CPA firm devot-
ed to serving the legal cannabis industry throughout
the United States and abroad.
Further investigation of the FinCEN guidance
shows the problem is not that the marijuana
business is depositing large sums of cash; the
problem is that the bank does not know where
the cash comes from.
are charging as much as $2,500-$5,000 per
month to offset their cost of compliance with
FinCEN regulations.
Marijuana businesses offer many risks to
the financial services industry, due in large
Further investigation of the FinCEN
guidance shows the problem is not that
the marijuana business is depositing large
sums of cash; the problem is that the bank
does not know where the cash comes from.
20 CANNABIS ENTERPRISE | ISSUE 1 2014
Speaker Previews
E
xtraction of oils and waxes
from botanical plant materials
has been used for many years,
with two basic categories
for extraction being used:
mechanical separation and
chemical dissolving/separating. Mechanical
separation is the simplest and least costly
method used for extraction, but it also tends
to have lower yields and concentration lev-
els. Chemical- or solvent-based extraction
methods can have wide range of operating
costs and capital expense, but they also
offer better yields, higher concentration
levels and, in some cases, the ability to
selectively choose specific molecular weight
ranges and/or specific compounds from the
plant material.
Extraction is the removal of oils from
the plant materials, but it’s sometimes also
referred to as concentration because the
desired compounds are generally more
concentrated in the extracted oil and/or wax.
The concentration level of the desired com-
pounds will vary based on the concentration
in the raw plant materials as well as the ex-
traction method and parameters. Generally,
mechanical methods will produce a lower
concentration level compared to solvent ex-
tractions. In the cannabis industry, extracted
oils/waxes are generally used for either
medical infused products (edibles, topicals),
vaporizing pens or direct vaporizing — com-
monly referred to as “dabbing.”
Mechanical Extraction Methods: For
plant materials that have high oil contents,
such as nuts or seeds, mechanical pressing
is very common. For lower oil content mate-
rials, such as cannabis, which usually have
less than 15-20 percent oil content, other
mechanical separation methods are more
common. These methods almost always em-
ploy some form of screen or filter for particle
size separation and mechanical motion, and
are usually performed at cold temperatures
with the assistance of dry ice or ice water
to make the material brittle. Methods that
employ the use of water have the disadvan-
tage that the water must be removed from
the extracted oil. Dry ice sublimates at room
temperature and pressure, and it does not
require any post processing.
Solvent Extraction Methods: There
are many chemical solvents that can be
used for extracting oils from plant materials.
The most common solvents in cannabis ex-
tractions are alcohol, hydrocarbons (butane
and/or propane) and carbon dioxide. Other
less frequently used solvents are hexane,
naptha and non-flammable refrigerant gas-
ses like R-134A. Butter or coconut oil can
also be used as a solvent for cooking and
topical applications, but there is no separa-
tion of the extracted oil from the solvent in
those cases.
Solvent Extraction Method —
Alcohol: Alcohol is frequently used to make
tinctures as well as extract oils/waxes and is
sometimes referred to as “Rick Simpson oil.”
Alcohol extraction equipment is relatively
inexpensive, but it does have some draw-
backs. Chlorophyll can be easily extracted
Extraction and
Concentration Methodology
for the Cannabis Industry
Who:
Andy Joseph, President,
Apeks Supercritical
What:
“Extraction Methodology”
When:
Sunday, Oct. 12,
10:45–11:15 a.m.
INTERNATIONALCANNABISASSOCIATION.COM 21
using alcohol, but it’s usually not desirable in
cannabis extractions due to the dark coloring
and undesirable taste. “Quick wash” meth-
ods are used to minimize the chlorophyll
content, but this usually diminishes the oil
yield. Alcohol also must be distilled at rel-
atively high temperatures to separate from
the extracted oil, which can cause thermal
degradation of the extracted oils.
Solvent Extraction Method —
Hydrocarbons: Hydrocarbons, such as
butane and propane, are popular solvents for
cannabis extraction methods. Hydrocarbon
extractions are very efficient and can be
very inexpensive — especially if used in an
“open blast” method. The obvious drawback
to open blasting is the ensuing explosion
risk. Butane hash oil (BHO) explosions hap-
pen daily, and many states are banning BHO
sales and tracking sale of butane cans used
for open blast extractions. Closed loop ex-
traction systems that use butane or propane
are significantly safer, but they still carry
flammability risks and require an extraction
facility with proper safeguards to prevent ex-
plosions. Hydrocarbons also have a boiling
temperature that’s close to room temperature
and require post processing to remove any
residual solvents from the extracted oils/
waxes. Hydrocarbon extracted products are
frequently used in direct vaporization ap-
plications with names such as shatter, wax,
honeycomb, sap, budder and crumble, but
they are less commonly used for vaporizing
pens and medical infused products.
Solvent Extraction Method —
Carbon Dioxide (CO2): Liquid CO2
(also referred to as subcritical CO2) and
supercritical CO2 extractions have become
very popular in the past few years. CO2 is
nonflammable, nontoxic, generally regarded
as safe (GRAS) by the FDA and leaves no
residual solvent in the extracted oils. CO2
also has the ability to change, or “tune,” its
solvency properties, allowing for a variety
of extracted oil products and consistencies.
The biggest drawbacks to the CO2 ex-
traction method are the high cost of capital
acquisition and the relatively slow efficiency
compared to hydrocarbons. CO2 extraction
operating pressures are typically between
900psi and 10,000psi with corresponding
temperatures as high as 160 degrees Fahren-
heit. These high temperatures and pressures
require the use of specialized equipment
that has been designed, constructed and
tested in accordance with American Society
of Mechanical Engineers (ASME) Pressure
Vessel Code. In addition, the National Fire
Protection Agency (NFPA) Code and the
International Electric Code (IEC) must be
followed for electrical controls and facility
requirements. CO2 extracted oils and waxes
are more frequently used in vape pens and
infused products, but are starting to be
used more for dabbing, as new methods for
creating product consistencies similar to
hydrocarbon products are discovered.
Due to the lack of active participation
from federal agencies, such as the FDA,
there is very little oversight or regulation
in the manufacturing of cannabis products,
so many legal cannabis states are starting
to enforce their own regulations. Specific
to extraction equipment, states such as
Colorado and Washington are requiring a
comprehensive Engineering Peer Review
(EPR) by a certified professional engineer.
Apeks Supercritical has received approv-
als from agencies including the Colorado
Marijuana Enforcement Division, Denver
Fire Department, Washington State Liquor
Control Board and the Portland (Maine) Fire
Department to promote safe and healthy
extraction/concentration methods.
Andy Joseph is the president of
Apeks Supercritical, an Ohio-
based manufacturer of fully auto-
mated subcritical and supercriti-
cal carbon dioxide botanical oil
extraction systems. Apeks has
been designing and manufacturing botanical oil ex-
traction equipment since 2001 and introduced pat-
ent pendingValveless ExpansionTechnology in 2012.
Apeks has more than 175 CO2 extraction systems
installed in 20 states across the United States and
internationally. Andy is a U.S. Navy veteran and
earned his bachelor’s and master’s degrees in Weld-
ing Engineering from The Ohio State University.
22 CANNABIS ENTERPRISE | ISSUE 1 2014
Speaker Previews
T
he Brookings Institution is a
nonprofit public policy orga-
nization based in Washington,
D.C., with a mission to con-
duct high-quality, indepen-
dent research and, based on
that research, to provide innovative practical
recommendations. It is consistently ranked
as the most influential, most quoted and
most trusted think tank (www.brookings.edu/
about#research-programs/). Recently, the
Brookings Institute released a report titled
“Colorado’s Rollout of Legal Marijuana is
Succeeding” (Hudak, July 2014).
It is because of this report and our expe-
rience deploying the technology solution in
the state of Colorado, working closely with
the Marijuana Enforcement Division of the
Department of Revenue, that we want to
present a case study based on this report and
the Colorado experience thus far. The report
details what has been successful, how Colo-
rado has achieved such an effective rollout
and what challenges remain in creating a
legal marijuana system.
History
In November 2012, Colorado voters decided
to experiment with marijuana. Formally,
they approved Amendment 64, modifying
the state constitution. This move was histor-
ic and did something which, to that point,
no other state or modern foreign government
had ever done: legalize retail (recreational)
marijuana (Hudak, Brookings).
As part of the amendment, the state was
required to construct legal, regulatory and tax
frameworks that would allow businesses to
cultivate, process and sell marijuana not sim-
ply to medical patients — as had been hap-
pening in Colorado for over a decade — but
to anyone 21 and older (Hudak, Brookings).
What Can State
Regulators Learn?
A few years ago — before Amendment 64
opened the market and the statewide compli-
ance system was deployed — Robert Mikos,
a law professor at Vanderbilt University
who has analyzed medical marijuana laws,
said: “The Colorado approach is probably
the model approach at this point. They have
much more control of the industry. Other
states can look at that, and they can learn
from Colorado’s experience” (Scott, Govern-
ing, August 2012).
As lawmakers pass laws, and regulators
and administrations are left to implement
these laws, it is critical that a collaborative
and informed community determines the
best practices for the new industry. The
conference presentation will be aimed at
the state regulators tasked with overseeing
the marijuana industry as it emerges state-
by-state.
Jolley’s presentation will cover the fol-
lowing topics:
• What makes Colorado the standard?
Why is it succeeding?
• What it means to have an industry,
enforcement and regulators working
harmoniously and effectively.
• How to provide visibility for the state
without becoming cost prohibitive to
the industry.
The Colorado Approach
to Success
Who:
Cathy Jolley, Business
Development and
Governmental Affairs
Manager, Metrc
What:
“What Other State Regulators
Can Learn from Colorado to
Be Successful”
When:
Monday, Oct. 13,
11:45 a.m.–12:15 p.m.
INTERNATIONALCANNABISASSOCIATION.COM 23
• The flaw in the idea that cultivators
should implement their own indepen-
dent inventory tracking system.
• How to use the Brookings Institution
report and recommendations to pro-
vide a better solution.
• Collection of data is important for
continued research and examination to
determine best practices, what works
and what is not working, so that amend-
ments and adjustments can be made.
Moving Forward
“As voters and lawmakers in more states de-
cide to legalize marijuana, policy makers will
have to answer a fresh and difficult question:
How should governments regulate the pro-
duction and sale of the drug? Beyond keeping
marijuana out of the hands of minors, a good
regulatory system has to limit the increase
in drug abuse that is likely to accompany
lower prices and greater availability after le-
galization. It should protect consumers from
both dangerous and counterfeit products,
will deploy solutions to meet their own laws
and rules. States should not have to recreate
each solution from the ground up. Each state
should maintain visibility into the industry,
utilizing an end-to-end system with a full
chain of custody. The marijuana industry
needs to be regulated just as other industries
are. Best practices will be a result of infor-
mation and standards sharing — this is just
the beginning of that conversation.
Cathy D. Jolley is Metrc’s busi-
ness development and govern-
mental affairs manager. She has
developed strong relationships
with business leaders, advocacy
groups, lobbyists and governmen-
tal officials at the state and national levels across
the country. Her ability to bring opposing sides of
issues together for collaborative discussion is the
key to past success.Figure 1: What Colorado Looks Like
reducing the physical risk from a psychoac-
tive substance. And a well-regulated system
should undermine and eventually eliminate
the black market for marijuana, which has
done great damage to society.” (Vikas Bajaj,
New York Times, August 2014)
After the examination of what Colorado
looks like, regulators will be able to ask
questions and take away ideas from the suc-
cess of the Marijuana Enforcement Division.
The conclusion should be made that states
24 CANNABIS ENTERPRISE | ISSUE 1 2014
Speaker Previews
I
n addition to the federal and state
criminal issues typically cited regard-
ing marijuana, businesses are likely
to face a host of issues involving real
estate and zoning. This article pro-
vides an overview of those issues and
insight on how to manage them.
Zoning Issues
In selecting a potential location, aside from
handicap accessibility, the one cardinal
rule to remember is 1,000-foot rule — the
minimum required distance away from any
school (kindergarten to 12th grade). In draft-
ing zoning regulations, it is not uncommon
for municipalities to also require minimum
distances from other uses, such as houses of
worship, parks, residential neighborhoods,
libraries and other marijuana businesses.
Typically, zoning is part of a master
community planning document. As com-
munities change, zoning may also change to
incorporate future planning. However, prior
nonconforming uses may be able to remain
under grandfathering rules as the communi-
ty changes around the nonconforming use.
The community may grant variances from
existing zoning if determined appropriate,
but “spot zoning” usually is prohibited.
Dispensaries generally are regarded to
be appropriate in areas zoned for business
and commercial use. Some municipalities
banish marijuana businesses from commer-
cial areas and require them to be located in
areas zoned for general industrial or light in-
dustrial uses. When working with a locality
to assist them in drafting zoning regulations,
there are several established models to con-
sider. One plan might allow dispensaries in
commercial areas and growing in industrial
areas. Some plans require that dispensaries
be spaced at least 1,000 feet from each oth-
er, while other plans allow dispensaries only
in a certain area of the community. Zoning
can be used to promote desired development
in a community, but it also may be used to
stifle development.
Landlord/Tenant and
Real Estate Issues
Landlords commonly are concerned about
potential liability under forfeiture laws. For
this reason, when representing a landlord,
we prefer not to mention the illegal federal
use, so if a forfeiture action is brought, the
landlord is not tied to any clauses in a lease
that could be used to defeat deniability on
the part of the landlord. In contrast, when
representing a potential tenant, we prefer to
include a clause identifying the illegal use so
that the landlord may not use that status as an
excuse to claim that the tenant is in violation
of the usual clause prohibiting any use that
might violate local, state or federal laws or
ordinances. Also, a tenant may benefit from
a clause that declares the lease terminated
upon the occurrence of governmental action
causing closure of the business.
If the client is purchasing real estate
to use for a cannabis business, it may be
advisable for the purchaser to encumber
the property with a mortgage. That way, the
purchaser’s equity in the property is either
somewhat or totally limited, which acts as
a disincentive for any governmental agency
Legal Cannabis Real
Estate Overview
Who:
Matthew Abel, Founder and
Senior Partner of Cannabis
Counsel, PLC
What:
“Legal Cannabis Real
Estate Overview, Including
Zoning, Landlord/Tenant
Issues & Insurance”
When:
Monday, Oct. 13,
3:35-4:05 p.m.
INTERNATIONALCANNABISASSOCIATION.COM 25
to initiate any forfeiture proceedings, as the
value of the real estate subject to forfeiture
is limited to the amount of the equity in the
property. As an alternative, some buyers
will establish a holding company to be the
landlord and then enter into a lease for the
property with the holding company.
Insurance Issues
Some insurance companies offer business
insurance policies to marijuana business-
es, including umbrella liability, business
and even crop loss insurance. The law in
this area continues to move forward as the
business community develops a need that
the insurance companies wish to cover.
Consumers need to be wary of standard in-
surance clauses that might void a policy if
the insurer discovers that the insured is in-
volved in activities that violate federal law.
Specialized insurance policies are avail-
able from some companies. Our law firm
recently was able to obtain full payment
on a household policy where the tenant’s
ballasts used to power growing lamps
caused a house fire that made the property
unusable without extensive reconstruction.
Thankfully, we were able to settle that case
without bringing a lawsuit, but future cases
may not settle so easily.
The Road Ahead
The laws regarding real estate and insurance
will continue to evolve, but they will remain
fraught with traps for the unwary until
federal law changes and the prohibition of
marijuana is repealed and replaced with a
regulated market.
Matthew Abel is founder and se-
nior partner of Cannabis Counsel
PLC, a marijuana law firm in De-
troit. Abel has litigated both civil
and criminal matters in courts in
Michigan for nearly 30 years and
has provided advice and counsel regarding the Mich-
igan Medical Marijuana Act since its passage in
2008. He also serves as executive director of Michi-
gan NORML.
26 CANNABIS ENTERPRISE | ISSUE 1 2014
Speaker Previews
The Unique Synergy
of the Cannabis Industry
Who:
Kathryn Awada, the
co-founder of Awada
Breen Consulting
What:
Medical Marijuana Production,
Cultivation and Sales
When:
Monday, Oct. 13,
4:10-4:40 p.m.
T
he quickly growing cannabis
industry is unique, with each
aspect of the business inher-
ently dependent upon the oth-
er components. The synergy
required is evident when we
define production, cultivation and sales.
Production is the process of making or
growing something for sale or use. In the
cannabis industry, production is the engine
that drives the business. A producer’s consid-
erations are cost versus profits, as well as an-
ticipating supply and demand of the industry.
The first component comprises the re-
quirements for rendering bare warehouse
space into a state-of-the art production floor
including construction costs. There are ad-
ditional costs for water filtration equipment;
automation; lighting; HVAC atmospheric
control and supplies, such as soil, nutrients,
grow mediums, controllers, mixers and dos-
ers. These costs are dictated by the size of
the facility and its functionality.
Finally, the selection and delivery of the
initial stock of cannabis plants should be
coordinated with the anticipated start-up date.
After the initial expenditure for plants (seeds),
future production for genetic stock may be
self-supplied through propagation, which
leads to the second component: cultivation.
Every cultivator will want to produce
cannabis seeds with the goal of producing a
self-sustained supply. To achieve this, grow-
ers must collect the pollen to secure future
pollination and production of desired seeds.
The alternative is to identify the strongest
of your initial batch of seeds and cut clones
from these mother plants.
Efficient utilization of space is paramount
to producing large yields and higher profits
from the initial investment. Having an expe-
rienced team of experts in sustainable cul-
tivation is crucial to success. Mold, mildew
and pests resulting from a poorly produced
crop quickly erase profits and devastate pro-
jected crop yield. Oftentimes, the primary
focus for those interested in larger yields is
growing larger plants; however, this does not
mean that growers should sacrifice quality
for quantity. Clean, organic soils and healthy
plants will ensure healthy consumers. By
using proven horticultural methods, growers
can achieve a larger harvest, superior flow-
ers and product consistency.
This leads us to our third component:
sales, the total funds a business receives
from selling goods or services. “Goods” is
not limited to buds, but includes edible
marijuana-infused drinks, topicals and oth-
er forms of marijuana. A well-trained sales
staff is required to ensure that customers are
expertly advised about the options available.
Additionally, knowledgeable employees who
are well-versed in the use of industry point-
of-sale software should be prepared to imple-
ment and adhere to the stringent regulations
associated with the cannabis industry.
When production, cultivation and sales
are combined, success is assured.
Kathryn Awada is the co-founder
of Awada Breen Consulting, the
premier compliance and educa-
tion specialists in the cannabis
industry.
28 CANNABIS ENTERPRISE | ISSUE 1 2014
F
orging a path in a new frontier can prove nearly impossible to navigate alone,
faced with twists and roadblocks, dead-ends and false starts. Yet, here we are,
on the cusp of a nascent industry, quickly transforming into a thriving hub of
opportunities for professionals and entrepreneurs. The International Cannabis
Association (ICA) is your roadmap, compass and guide, whether you are an es-
tablished cannabis professional or you are interested in joining this challenging
and rewarding industry. ICA connects entrepreneurs with cannabis experts, providing the
necessary resources for your business to thrive and grow.
ICA’s mission is simple: provide the education, networking opportunities and credibili-
ty essential to succeeding in your professional cannabis enterprise. ICA connects growers,
dispensaries, lawyers, accountants, security companies, consultants and more, to ensure
that each and every member, from the cannabis novice to the expert, excels in this industry.
Through our conferences and new publication, Cannabis Enterprise, we have the answers to
your most crucial inquiries. As is inherent in the word “enterprise,” you are embarking on a
bold undertaking, and ICA will help guide you along the path to success.
ICA’s Mission Statement
ICA provides the resources necessary for professionals to succeed in the cannabis industry.
Whether you’re considering starting a cannabis business, taking your existing cannabis busi-
ness to the next level or expanding your service to support the cannabis industry, the ICA is
here to help.
By offering educational conferences and networking events, the International
Cannabis Association brings together experts from across the cannabis industry as
well as individuals simply interested in getting started. As the cannabis industry’s
business-to-business association, the ICA is the professional’s source for timely,
entrepreneurial and high-quality information.
Hot Off the Press, Your New Cannabis Enterprise
You are holding the inaugural issue of the International Cannabis Association’s
publication Cannabis Enterprise. Within these pages, you will find the information
you need to either kick start or sustain your professional cannabis business. From
expert advice to top industry news, debriefings on law reforms and regulations,
and even personal stories from fellow cannabis professionals, Cannabis Enterprise
is your leading source of knowledge to grow your business. This magazine will feature articles
written by experts throughout the entire cannabis supply chain, from growers to dispensaries,
and will also include expert advice from consultants in the legal, accountancy and security
industries, who have honed in on the cannabis specialty within their fields.
What is ICA?
INTERNATIONALCANNABISASSOCIATION.COM 29
T
his is a time of great oppor-
tunity for the cannabis in-
dustry, and it is a dangerous
time as well, especially when
it comes to our government’s
role in the operation of your
cannabis business.
Due mostly to misinformation, government
policies turned men and women involved
in this industry into outlaws. But due to the
hard work of a few, the public’s perception of
cannabis has slowly changed. We are now at
a point where the majority of Americans favor
legalization (and not just for medical uses).
Following along, the perceptions of policy-
makers are slowly changing, and the broader
industry has advocated for continued change.
Everyone who cares about the cannabis
industry needs to get involved with govern-
ment now. The challenge the industry faces
is that uneducated policymakers will contin-
ue to make decisions and formulate policies
that will shape what the industry does and
how it operates for years to come.
Educating policymakers is a long and
multi-faceted project that has been going on
for years and will continue far into the future.
The good news is that there is a role for ev-
eryone, and everyone needs to get involved.
On the local level, people who make
their living in this industry — or who plan
to — must take the lead and introduce the
industry to elected officials. It is incumbent
on you to make sure officials at all levels
of government feel comfortable that those
involved with this industry are hardworking,
law-abiding businessmen and women, ready
to play by the rules.
Define Yourself Before
Someone Does It for YouBy John Overstreet
This election year is the perfect time for
you to start this process. Educate yourselves
about the positions of the candidates on
issues important to the continued growth of
the cannabis industry. Take the opportunity
to meet candidates, attend town hall meet-
ings, get involved with campaigns and help
elect people who “get it.”
In Washington, D.C.
and in the 50 state capi-
tals, the situation is a little
more complicated. In each
case, businesses need an in-
dividual or firm to guide them.
In order to effectively influence policy,
you have to know the players and where the
landmines are buried. The fastest way to ac-
complish that goal is to hire a firm or individ-
ual with credibility and the ability to provide
the access to key policymakers or regulators.
It is an old adage in the business of lob-
bying that the individual who owns the busi-
ness is the best lobbyist for it. The business
needs a professional to help it develop and
hone the arguments and put it in front of the
right people to make the pitch. The success-
ful business will put a team together to guide
them through the government labyrinth.
Correcting decades of misinformation
will be slow, but there is no better time to
start than today. Whatever you do, don’t as-
sume someone else is going to do it for you.
If you don’t care enough to get involved and
help shape policy and perception about this
industry, I can assure you there are people
on the other side of this issue who do care.
If you don’t define yourself and what you do,
you can’t complain about the description
someone else will surely give it.
John Overstreet is managing part-
ner of O Street Management LLC,
aWashington D.C.-based firm spe-
cializing in state and federal gov-
ernment relations. You may reach
him at john@ostreetmgt.com.
30 CANNABIS ENTERPRISE | ISSUE 1 2014
Tell us a little bit about your
professional background.
Before getting into [the cannabis] industry, I
was involved in the legal profession, working
for law firms managing their personal injury
department. After the economy crashed,
I switched to the insurance company side,
more specifically the claims and loss preven-
tion sector. I became a member of WSATI
(Western State Auto Theft Investigators) and
worked in an insurance brokerage office that
specialized in franchise auto dealerships.
I managed the claims, taught dealerships
about ID theft, mitigated losses, evaluated
risk and analyzed their red flag rules pro-
gram. Internally, I analyzed coverages and
policy language, created strategies for liti-
gation cases and negotiated with claimants.
Besides the legal, financial and insurance
industries, I’ve owned and operated a lot
of different businesses, from car washes
to a women’s clothing store, to a wholesale
produce warehouse. It’s this very diverse
professional background that allows me
to thoroughly serve my clients. Though I
have been in consultancy for many years
now, I noticed that in the past two years, I
have begun to mostly receive calls for state
licensing. Anyone who’s seen these state
applications knows there is a lot of work
that goes into them, and it’s not all simple
cannabis industry knowledge. You need to
understand compliance issues, evaluate
risk, be able to put together an operations
manual, write a business plan, understand
security, know how to spot ‘holes’ in an op-
eration, work with mechanical engineers or
architects and understand their language,
which means that the learning never ends.
I encourage all my clients to bring their own
with Avis Bulbulyan
Who:
Avis Bulbulyan, executive
director of Bulbulyan
Consulting Group Inc.
What:
“How to Obtain a
State License”
When:
Monday, Oct. 13,
10:35-11:05 a.m.
personal experiences to this industry, and I
learn different approaches to certain issues
all the time. If you think you know every-
thing, you really don’t know anything.
What experience do you have
in the cannabis industry? What
resources did you use to break
into the industry?
I started in this industry in late 2006 in Cal-
ifornia, but I didn’t get serious about it until
2008. I had a lot of friends who opened up
dispensaries, and they asked me to evaluate
their operations for safety and efficiency. I
saw firsthand what this simple plant did for a
lot of patients who had a medical need for it,
and I decided I wanted to join the industry.
However, I wanted to start from the bottom
to have a thorough understanding of all
things cannabis.
When I decided to get involved for myself,
I started on the ground floor with cultivation.
On my first harvest, everything that could
possibly go wrong went wrong; back then,
help wasn’t as readily available like it is
today. I kept an old journal where I listed the
ingredients and NPK (nitrogen, phosphorus
and potassium) ratios of different nutrients
I had mixed and matched to come up with
what I considered a perfect recipe for the
plants. I didn’t rely on a hydroponic store
clerk to put together a list of all nutrients he
had on his shelves.
When I broke into the industry, there
really wasn’t an industry. From growing,
I moved onto operating a dispensary. It’s a
very small industry — everyone knows ev-
eryone — so reputation is extremely import-
ant. I would run across people I didn’t know,
QA+
INTERNATIONALCANNABISASSOCIATION.COM 31
but they knew me based on reputation. In
fact, most of my current clients came to me
by word of mouth.
What are the benefits to aspiring
dispensaries and grow facility
owners to hire you throughout
their licensing process?
Experience! I have experience in all levels
of this industry, going back to 2006. I have
experience in the states that have had a
merit-based application process. When
Massachusetts became the first, I was there.
In fact, my group was the highest scoring ap-
plicant in the state. I was involved in Nevada
and Illinois. Those ranks will be released in
November, but I’m extremely confident my
clients will be the highest ranking. Applica-
tion work is difficult, but if you don’t have the
experience, it becomes extremely difficult. In
Illinois alone, I had last minute calls from
three different groups who had less than 10
days until the submission deadline because
their consultant or lawyer quit on them due
to the overwhelming and difficult process. I
have been hired by lawyers who had licens-
ing clients, but they needed that special
guidance only available from someone who’s
“been there and done that.”
What are some of the common
mistakes, questions or
roadblocks your clients have
when applying for their license?
Usually my licensing clients have the same
questions and issues and a lot of it stems
from a lack of knowledge about the industry.
Before even getting started on the applica-
tion or the strategy, we’ll sit down and dis-
cuss in detail all the different sectors of the
industry. Once they understand the different
sectors, they start having a solid under-
standing of how each sector interacts with
the other. When they know the holes in the
different types of operations and the holes
in the regulations of different states, they’re
able to put together a better operation that
plugs these different holes. What really sets
apart my groups from the others is they’re
more educated about the industry; it’s one of
the reasons my group in Massachusetts was
the highest scoring group in the state, with a
near perfect 160/163.
I tell my clients that every decision they
make must have a reason with a purpose. A
really big mistake some groups make is they
decide that instead of one consultant or one
lawyer to do the application, they hire out
multiple consultants for different pieces of
the application or they hire a lawyer and a
consultant to do the same job. Every group
should designate one person as the point
person who calls all the shots throughout
the process. With multiple consultants, you
don’t have that, and it doesn’t take long for
people to step on each other’s toes.
What advice do you have for
individuals aspiring to break
into the industry?
Know what you’re getting yourself into, and
I’m not talking about just the laws. A lot of
people think this is an easy business and a
quick road to being rich. Owning and oper-
ating a grow facility is a tremendous amount
of work. Operating a dispensary is a lot of
work. Learn as much as you can about this
business and industry as a whole. If you want
to be involved on the dispensary level, don’t
just learn about dispensaries. Learn about
the different sectors of the industry and how
they make up the industry. I get clients all
the time looking to get into dispensing, and
when we discuss the industry, their eyes
open up to countless possibilities.
For licensing hopefuls, be realistic with
your expectations and limitations. Every
single group applying for a license thinks it’s
the best applicant. In some situations, I rec-
ommend individual clients or even groups
merge together to create one big organization
that has a chance to be competitive.
In Nevada and Illinois, I turned down a to-
tal of nine consulting jobs. I didn’t think they
could be competitive and I let them know
why. Of the nine groups, five went ahead with
an application. A couple of months later,
three of them called me back and said they
dropped out. Between those three groups,
they spent an average of $150,000 per group
before realizing they had no shot. So, before
getting involved on any level, do your home-
work and learn as much as you can. Before
hiring anyone, don’t just ask for references,
actually contact the references. Don’t be
fooled by fancy websites and countless press
releases: Ask specific questions and don’t
settle for general answers.
What are you most passionate
about in this industry and in
your work as a consultant?
I sincerely love helping people. I probably
do more free work than charged work. I
volunteer my time and expertise to private
veteran groups or patient groups that can’t
afford the cost of marijuana from a dispen-
sary and want to set up a grow operation for
their personal use. I love the feeling inside
when clients go through their first harvest
and hold the finished product in their hand
with an overwhelming sense of pride because
they did it. Anyone who’s grown a plant from
seed to harvest knows this feeling. I love that
I can be a part of this moment, and for me,
it’s very humbling.
I try to take the pressure off the licensing
clients as much as I can; they go through an
emotional rollercoaster ride for months. But
nothing compares with the feeling of getting
a call at 6:30 a.m. from a client who can
barely contain his excitement telling you
he won a license. For me, my clients aren’t
just clients, and I don’t treat them as such.
I get emotionally attached to the group and
emotionally vested in the application.
32 CANNABIS ENTERPRISE | ISSUE 1 2014
A
s any business owner
knows, security is a vital
part of your business plan.
However, if you open the
phone book or go online to
look for a security compa-
ny, there are dozens of companies to choose
from. How do you choose? What do you look
for? Hopefully, the following information can
help guide you along the way.
There are three areas of security that
business owners must consider: physical,
electronic and investigative. Physical se-
curity is the employment of security officers
at a given site; electronic security uses
alarm systems, surveillance cameras and
access control; and investigative services
provides background checks for employees
or pre-employment screening, workplace in-
vestigations and other much more in-depth
research. This article will focus on the phys-
ical security needs of businesses.
Now that you know you need security, you
have questions that need to be answered:
Who is my provider? What do I need? Who
can help me?
There are big national companies, large
regional companies and local providers.
What are the differences amongst the three?
National Companies
National companies have layers of man-
agement. These companies are sizeable
enough and staffed to cover most states with
one phone call. These firms may require
a large volume of weekly security hours
per client.
Regional Firms
Regional firms operate in a series of states,
most likely driven by the operating location
of one of their larger clients. Like national
companies, these regional firms may expect
a large minimum number of weekly hours.
Local Firms
Local firms generally operate in only one
or two states. These firms are usually owner
operators and do not require a minimum
number of weekly service hours.
Regardless of what size firm you decide
to hire, the licensing requirements are the
same for all companies. The company, as
well as each officer, must have a security
guard license. You will want to make sure
that those licenses are up-to-date. Ask what
type of additional training the security firm
offers its officers besides the required state
annual in-service. Again, security officers’
main jobs are to be customer service experts,
and this is where most companies fail. There
are dozens of training programs that deal
specifically with customer service; does the
security company take advantage of them?
Now that you recognize the different types
of security firms, you have to decide what
type of physical security services you need for
your business. Most security companies offer
either armed or unarmed security officers for
hire. There are pros and cons to both, but the
basic differences are what level of deterrence
you want in your business. Understand that
just because a security officer has a gun, he or
she does not have any more power or authority
than an unarmed security officer. All security
officers have the exact same authority, which
is no more than a private citizen. Their main
function as a security officer is to observe and
report. They serve as a visible deterrence to
criminal activity, and in the event of an in-
cident, they are excellent witnesses and can
quickly summon the appropriate authorities.
Any actions above and beyond these duties
by a security officer expose you to civil lia-
bility. The security officer should have great
customer service skills and act as a represen-
tative of your business. If they start playing
police officer, get a new guard.
Here are some considerations to keep in
mind when choosing a security company and
type of security services. The first is price.
I caution you to not be fooled by the lowest
bidder. Security is an extremely competitive
business, but you get what you pay for: The
less a company charges per hour, the less
revenue the firm has for management of the
security guards. Ask if there’s a price up-
swing for weekend or night hours. What about
Business
Security NeedsBy Mona T. Rinaldo
INTERNATIONALCANNABISASSOCIATION.COM 33
holidays? What if they have to staff your site
with the same guard for more than 40 hours
a week because of a staff shortage in their
company? Who pays the overtime? Have the
firms explain how they will manage all of the
above issues as well as the following:
• Who will you call when there is a
problem?
• What happens when a guard doesn’t
show up for a scheduled shift?
• What is their internal policy for deal-
ing with an officer who is late?
• What is their policy for dealing with
an officer who is not friendly or has a
sloppy appearance?
• What are the conditions of getting out
of the contract if you are unhappy with
their service?
• How quickly can you expect a re-
sponse to your issues, and what is the
procedure if you are not satisfied?
The choice of a security company may
seem overwhelming, but it is important. You
are hiring people to represent your business
and serve a vital role in keeping your busi-
ness, your property, your customers, your
employees and yourself safe.
If all of this information seems too much
to digest, then let the experts do it for you.
Hire a security consultant who will take care
of all of your security needs, including phys-
ical, electronic and investigative services.
Your business is your area of expertise,
and security consultants are experts in the
security industry. Consultants work for you
and negotiate with various security firms to
Y O U R A S S E T S . O U R M I S S I O N .
W W W . B L U E L I N E P R O T E C T I O N G R O U P . C O M B O O T H # 4 0 3
W I N I T . We work with our
partners to develop winning
security and transportation
plans for dispensary and
cultivation facility applications.
S E C U R E I T . Armed
protection is a serious
business for serious
professionals. We take the
risks and secure the
operations of lawful
cannabis businesses.
We established ourselves as the
premier cannabis protection and
compliance organization through our
work in Colorado and Washington,
and our strategic partnerships in
other states provide us unparalleled
reach across the nation.
P R O T E C T I T . We
provide the expert
compliance and risk
mitigation services businesses
need to remain operational
and out of the crosshairs of
regulators.
B U I L D I T . We provide
financial solutions to help lawful
cannabis business owners
enhance their personal and
professional financial health.
We are Blue Line Protection Group,
Inc., the industry leader in the
emerging market of legalized
marijuana and cannabis product
protection, transportation and
compliance services.
Contact us for more information about
out strategic partnership opportunities.
Our work in the industry has been
featured on the CBS This Morning, The
Wall Street Journal, ABC World News
Tonight and 20/20, CNBC,
Fox News, The New York Times, The
Washington Post, HBO Vice, and
more. Nobody in the security,
protection, vaulting or transportation
industry has the experience,
knowledge or reputation that we do.
A
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SETLOG
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S
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E C U R I T Y
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establish the best security plan and services
for you and your business.
As a business owner, knowledge is power.
Stick to what you know and make sure you
utilize experts in the security industry to
protect your investment.
Mona T. Rinaldo is the president
of a security and investigation
company. She began in the indus-
try in 2003 as an investigator,
was then promoted to director of
operations and eventually named
president of the company. Prior to her security ca-
reer, Rinaldo had more than 15 years of experience
in the insurance industry.
cannabisenterprise_vol1issue1

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cannabisenterprise_vol1issue1

  • 1. CannabisE N T E R P R I S E In du s t r y In s ig h t s f o r C annab i s Bu s in e s s P r o f e s s i o nal s +DEFINE YOURSELF BEFORE SOMEONE DOES IT FOR YOU BUSINESS SECURITY NEEDS VOLUME 1 | ISSUE 1 | 2014 Andy Joseph, President of Apeks Supercritical, Discusses East Coast SPECIAL EDITION EXTRACTION + CONCENTRATION METHODOLOGY for the Cannabis Industry
  • 2.
  • 3. INTERNATIONALCANNABISASSOCIATION.COM 1 Table of Contents 14East Coast Cannabis Expo Speaker Previews Hear from some of the cannabis industry experts speaking at the East Coast Cannabis Expo. 28 What is ICA? Forging a path in a new frontier can prove nearly impossible to navigate alone, faced with twists and roadblocks, dead- ends and false starts. 29 Define Yourself Before Someone Does It for You This is a time of great opportunity for the cannabis industry, and it is a dangerous time. 30 Q+A with Avis Bulbulyan An in-depth interview with Avis Bulbulyan, executive director of Bulbulyan Consulting Group Inc. 32 Business Security Needs As any business owner knows, security is a vital part of your business plan. 04 Welcome to the Expo! 05 General Information 06 Marriott Floor Plans 08 Exhibitor Floor Plan + Listing 10 Sponsors + Exhibitors 11 Schedule- at-a-Glance 12 Daily Schedule 04East Coast
  • 4. 2 CANNABIS ENTERPRISE | ISSUE 1 2014 ABOUT CANNABIS ENTERPRISE Cannabis Enterprise,the flagship magazine of the International CannabisAssoci- ation (ICA), keeps the cannabis community informed of news, trends and expert perspectives in the cannabis business world. For subscriptions, reprints or bulk orders, contact ICA Headquarters at 702-637-7222. For access to digital versions of the content in this publication, visit ICA’s website, internationalcannabisassociation.com. To submit news items, story ideas or articles for publication consideration, contact any of the editors via email or phone (see contact information above). Publication of any article or advertisement in this publication should not be considered an endorsement of the opinions expressed or products advertised. Statements of fact and opinion are the responsibility of the authors alone and do not imply approval or endorsement on the part of the officers, membership, or staff of ICA or Cannabis Enterprise. ABOUT ICA The International Cannabis Association (ICA) pro- vides the resources necessary for professionals to succeed in the cannabis industry. Whether you’re considering starting a cannabis business, taking your existing cannabis business to the next level or expanding your service to support the cannabis industry, the ICA is here to help. By offering educational conferences and networking events,the ICA brings together experts from across the cannabis industry as well as individuals simply interested in getting started. As the cannabis industry’s business-to-business association, the ICA is the professional’s source for timely, entrepreneurial and high-quality information. To join, visit internationalcanna- bisassociation.com or call 702-637-7222. Copyright 2014 by ICA. All rights reserved. No part of this publication may be reproduced by any means without the written permission of the publisher.
  • 5.
  • 6. 4 CANNABIS ENTERPRISE | ISSUE 1 2014 Welcome to the Expo! Dear Colleagues, As the co-founders of the International Cannabis Association (ICA), we would like to welcome you to the 2014 East Coast Cannabis Business Expo, Educational Conference and Regulatory Summit. Before we launch into shar- ing our excitement for this ground-breaking event, we would like to extend our deepest appreciation to some notable individuals. First, we thank New York State Senator Diane Savino, the host of our regulatory summit. Without her support, this entire event would not have been possible. We would also like to share our gratitude to all sponsors, speakers, vendors and especially you, our attendees. As an attendee at this conference, you are in the unique position to ben- efit from the collective knowledge of people who have “been there and done that,” while simultaneously engaging in firsthand conversations with fellow business-minded individuals to brainstorm new and better solutions to break through old limitations. ICA was created to support professionals like you, whether you are an innovative entrepreneur interested in breaking into the industry or you are an established cannabis expert who is looking to grow and expand your business. The speakers, vendors and sponsors of this event are as eager as you are to share their knowledge, and I encourage each of you to reach out with your thoughts, comments and questions. As you will see from our speaker previews, presentations will cover a vast range of topics. Prominent certified public accountants will demonstrate financial solutions to this cash-based industry, while consultants will explain how to get started on your license and certifica- tion. Dispensaries, vendors and grow houses will also be present, advising on the best business tactics to take your organization to the next level. We hope that you are as excited to be part of this industry as we are, and we welcome any questions, comments or feedback. For more information, please contact Dan Humiston dhumiston@tanningbed.com or Don Hirsch DHirsch@chicagotans.com, or visit our website internationalcannabisassociation.com. Enjoy the 2014 East Coast Cannabis Business Expo, Educational Confer- ence and Regulatory Summit! Dan Humiston and Don Hirsch Dan Humiston Don Hirsch
  • 7. INTERNATIONALCANNABISASSOCIATION.COM 5 General Information 2014 East Coast Cannabis Business Expo, Educational Conference & Regulatory Summit Registration Services Saturday, Oct. 11 through Monday, Oct. 13. Marriott Marquis 5th Floor On-site registration will be open during the following hours: Saturday, Oct. 11...........12:30-2 p.m. (certification class registration only) Sunday, Oct. 12..............7 a.m. to 4:30 p.m. Monday, Oct. 13 ............7 a.m to 4:30 p.m. Meeting Registration Full meeting registration includes all food functions hosted during ICA’s East Coast Summit, access to the Exhibit Hall, networking breaks, all educational sessions and the Industry Party. The ICA Certification Course on Saturday, Oct. 11 is a separate fee. Receipts Registered participants receive a receipt with their confirmation email. Paper receipts may be requested onsite at Conference Regis- tration on the 5th Floor Lobby of the Marriott Marquis. Badges Badges should be worn at all official functions of the meeting. Badge checkers will be stationed throughout the meeting. Only those with full conference registrations will be allowed into educational sessions. If you forget or lose your badge, you may obtain one replacement badge at Conference Registration on the 5th Floor Lobby of the Mar- riott Marquis. Meals & Refreshments Sunday, Oct. 12 10-10:45 a.m......................Morning Refreshment Break Exhibit Hall Sunday, Oct. 12 12:05-2 p.m. ......................Networking Lunch Exhibit Hall Sunday, Oct. 12 9 p.m – midnight................Industry Party Broadway Lounge Monday, Oct.13 9-10 a.m.............................Morning Refreshment Break Exhibit Hall Monday, Oct.13 12:50-3 p.m. ......................Networking Lunch Exhibit Hall Conference Directory/Inaugural ICA Magazine Each registrant receives one copy of the inaugural ICA magazine/ Conference Directory upon registration. Additional copies may be available at the end of the conference. Please visit Conference Reg- istration on the 5th Floor Lobby of the Marriott Marquis on Monday, Oct.13 to inquire if additional copies are available for purchase. Accessibility for Registrants with Disabilities Conference staff will work with attendees to provide reasonable accommodations for those who require special attention. To request assistance onsite, please check in at Conference Registration located on the 5th Floor Lobby of the Marriott Marquis. Cameras, Recording Devices and Cell Phones Please refrain from using cameras, recorders and/or mobile devices during the sessions in a manner that might disturb others. Cell phone ringers should be set to vibrate or turned off during sessions as a courtesy to speakers and other attendees. Personal photography is allowed at social functions only. Social Media Expand your meeting experience! Follow the International Cannabis Association on social media: • Follow ICA on Twitter: Use #ICannabisA to keep up with meet- ing-related tweets and updated on all ICA news and information. • Connect with ICA on LinkedIn: https://www.linkedin.com/company/international-cannabis-association • “Like” the International Cannabis Association on Facebook at: https://www.facebook.com/pages/International-Cannabis- Association/582577151831750 Share your ideas, thoughts and experiences during the 2014 East Coast Cannabis Business Expo, Educational Conference & Regulatory Summit via Twitter, Facebook, LinkedIn and other social platforms, but please avoid sharing details of any data presented during the meeting. Lost & Found Lost & Found is at Conference Registration located on the 5th Floor of the Marriott Marquis. Any lost items turned in during the confer- ence and not claimed prior to the end of the conference will be given to Marriott Marquis security.
  • 8. 6 CANNABIS ENTERPRISE | ISSUE 1 2014 Marriott Floor Plans 5th Floor 7th Floor REGISTRATION EXHIBIT HALL KEYNOTE/ GENERAL SESSION BREAKOUT 2 BREAKOUT 1 BREAKOUT 3
  • 9. INTERNATIONALCANNABISASSOCIATION.COM 7 8th Floor 9th Floor FUNDRAISER FOR SEN. SAVINO (INVITATION ONLY) INDUSTRY PARTY CERTIFICATION COURSE
  • 10. 8 CANNABIS ENTERPRISE | ISSUE 1 2014 Exhibitor Floor Plan + Listing FOOD FOOD
  • 11. INTERNATIONALCANNABISASSOCIATION.COM 9 advance 2000...............................................................................411 Americanex..................................................................................503 Apeks Supercritical .....................................................................201 Biotech THC................................................................................308 Blue Line Security .......................................................................409 Bulbulyan Consulting ..................................................................207 Canna Security America ..............................................................403 Cannabis State Univeristy............................................................510 cannavest.....................................................................................505 Card Connect...............................................................................415 CCI ..............................................................................................508 East Coast Supply........................................................................314 Empire State Norml .....................................................................512 Gen Tech Scientific......................................................................500 Gfarmalabs...................................................................................413 Globex Payments ........................................................................502 Guardian Data Systems................................................................205 HempMeds.....................................................................602,604,606 Kassoy LLC..................................................................................501 leafhead.com................................................................................312 Leo Shalit P.C...............................................................................203 Marijuanadoctors.com....................................................300,302,306 Medical Dispensary Bank.com.....................................................407 Metrc ...........................................................................................401 Mpower...................................................................511.513,515,517 MSP technology ...........................................................................509 National Cannabis Chamber ........................................................217 O Street Management LLC...........................................................514 Oasis Co2.....................................................................................209 PotBotics......................................................................................405 Rx Safes.......................................................................................211 Sparrow Enterprises.....................................................................506 The Med Men...............................................................................507 Waypoint Security Consulting ......................................................215 Wheresweed.com.........................................................................504 Exhibitors Booth # Exhibitors Booth #
  • 12. 10 CANNABIS ENTERPRISE | ISSUE 1 2014 Sponsors + Exhibitors Presidential Sponsors Sponsors Presidential Sponsors Industry Party Sponsor
  • 13. INTERNATIONALCANNABISASSOCIATION.COM 11 Schedule-at-a-Glance Saturday, Oct. 11 12:30-2 p.m. Registration for Certification Class Marquis Ballroom Foyer (9th Floor) 2-5 p.m. Certification Class Marquis Ballroom (9th Floor) Sunday, Oct. 12 7a.m.-4:30 p.m. Registration 45th Street Registration Booth (5th Floor) 9-10 a.m. Keynote Session Salons 1 & 2 (5th Floor) 10 a.m. to 5 p.m. Exhibit Hall Open Salons 3, 4 & Lyceum Complex (5th Floor) 10-10:45 a.m. Coffee Break Salons 3, 4 & Lyceum Complex (Exhibit Hall) 10:45-11:15 a.m. BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor) 11:15-11:20 a.m. Break 11:20 a.m. – noon BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor) 12:05-2 p.m. Lunch Salons 3, 4 & Lyceum Complex (Exhibit Hall) 2-4:30 p.m. Regulatory Summit Hosted by NY State Senator Diane Savino Salons 1 & 2 (5th Floor) 5:30-7 p.m. Fundraiser for NY State Senator Diane Savino Manhattan Ballroom (8th Floor) (Political contribution required) 9 p.m. – midnight Industry Party Broadway Lounge (8th Floor) Monday, Oct. 13 7a.m.-4:30 p.m. Registration 45th Street Registration Booth (5th Floor) 8 a.m. to 3 p.m. Exhibit Hall Open Salons 3, 4 & Lyceum Complex (5th Floor) 9-10 a.m. Coffee Break Salons 3, 4 & Lyceum Complex (Exhibit Hall) 10-10:30 a.m. BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor) 10:30-10:35 a.m. Break 10:35-11:05 a.m. BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor) 11-11:45 a.m. Break – Exhibit Hall Open Salons 3, 4 & Lyceum Complex (5th Floor) 11:45 a.m.-12:15 p.m. BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor) 12:15-12:20 p.m. Break 12:20-12:50 p.m. BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor) 12:50-3 p.m. Lunch Salons 3, 4 & Lyceum Complex (Exhibit Hall) 3-3:30 p.m. BREAKOUT SESSIONS Salons 1 & 2 (5th Floor), Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor) 3:30-3:35 p.m. Break 3:35-4:05 p.m. BREAKOUT SESSIONS Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor) 4:05-4:10 p.m. Break 4:10-4:40 p.m. BREAKOUT SESSIONS Juilliard/Imperial (5th Floor), Broadhurst/Belasco (5th Floor), Empire/Hudson (7th Floor) 4:45-5 p.m. Closing Session Salons 1 & 2 (5th Floor)
  • 14. 12 CANNABIS ENTERPRISE | ISSUE 1 2014 Daily Schedule Saturday, Oct.11 12:30-2 p.m. Registration for Certification Class Marquis Ballroom Foyer (9th Floor) 2-5 p.m. Certification Class Marquis Ballroom (9th Floor) Monday, Oct. 13 7 a.m.-4:30 p.m. Registration 45th Street Registration Booth (5th Floor) 8 a.m.-3 p.m. Exhibit Hall Open Salons 3, 4 & Lyceum Complex (5th Floor) 9-10 a.m. Coffee Break Salons 3, 4 & Lyceum Complex (5th Floor) 10-10:30 a.m. BREAKOUT SESSIONS • Salons 1 & 2 (5th Floor): Creating a Marketplace – John Nicolazzo • Juilliard/Imperial (5th Floor): Cannabis Industry Licensing & Intellectual Property Opportunities and Concerns – William Sherman & Richard Blank • Broadhurst/Belasco (5th Floor): Legal Concerns and Strategies When Investing in the Cannabis Industry – Ryan Hurley, Esq. • Empire/Hudson (7th Floor): Bookkeeping in a Cash-Based Business – James Marty, CPA Sunday, Oct. 12 7 a.m.-4:30 p.m. Registration 45th Street Registration Booth (5th Floor) 9-10 a.m. Keynote Session Salons 1 & 2 (5th Floor) • Cannabinoid Based Therapeutics & Their Role in 21st Century Medicine – Thoma Kikis, Dean Petkanas, Marvin Washington, Dr. Safa Sadeghpour & Dr. Ron Tuma 10 a.m.–5 p.m. Exhibit Hall Open Salons 3, 4 & Lyceum Complex (5th Floor) 10-10:45 a.m. Coffee Break in Exhibit Hall Salons 3, 4 & Lyceum Complex (5th Floor) 10:45-11:15 a.m. BREAKOUT SESSIONS • Salons 1 & 2 (5th Floor): Exploring Potential Markets in NY by Geopolitics – Lisa Reid & Patrick McCarthy • Juilliard/Imperial (5th Floor): Extraction Methodology – Andy Joseph • Broadhurst/Belasco (5th Floor): Banking & Finance: How to Raise Capital and Manage Capital – Dean Guske, CPA • Empire/Hudson (7th Floor): Medical Marijuana Grow Facility & Dispensary Video Surveillance Requirements – Michael Julian 11:15-11:20 a.m. Break 11:20 a.m. – noon BREAKOUT SESSIONS • Salons 1 & 2 (5th Floor): Business Opportunities: Values and Mergers & Acquisitions – Chloe Villano • Juilliard/Imperial (5th Floor): Marijuana Industry Credit Card Processing Solutions – Michael Zielinski • Broadhurst/Belasco (5th Floor): Why a Wall Street Model is Needed in the Cannabis Industry – Steve Janjic • Empire/Hudson (7th Floor): Security Plan for a Cannabis Business – Michael Julian 12:05-2 p.m. Lunch Salons 3, 4 & Lyceum Complex (Exhibit Hall) 2-4:30 p.m. Regulatory Summit Hosted by NY State Senator Diane Savino Salons 1 & 2 (5th Floor) 4-5 p.m. Exhibit Hall Salons 3, 4 & Lyceum Complex (5th Floor) 5:30-7 p.m. Fundraiser for NY State Senator Diane Savino Manhattan Ballroom (8th Floor) (Political contribution required) 9 p.m. – midnight Industry Party Broadway Lounge (8th Floor) – Sponsored by
  • 15. INTERNATIONALCANNABISASSOCIATION.COM 13 Monday, Oct. 13 (continued) 10:30-10:35 a.m. Break 10:35-11:05 a.m. BREAKOUT SESSIONS • Salons 1 & 2 (5th Floor): New Product Development for Medical Marijuana Business Insurance – Michael Cohen & Nicole Haggerty • Juilliard/Imperial (5th Floor): How to Obtain a State License – Avis Bulbulyan • Broadhurst/Belasco (5th Floor): Implementing a Vertically-Integrated Compliance Methodology in Your Lawful Cannabis Operation can Lead to Successful Relationships with Banks & Increase your Chances for Obtaining Legitimate Banking Services – Dan Sullivan • Empire/Hudson (7th Floor): Understanding the IRS 280E Tax Code – James Marty, CPA 11-11:45 a.m. Break – Exhibit Hall Open Salons 3, 4 & Lyceum Complex (5th Floor) 11:45 a.m-12:15 p.m. BREAKOUT SESSIONS • Salons 1 & 2 (5th Floor): What Other State Regulators can Learn from Colorado to be Successful”; Featuring a Case Study and Brookings Institute Report Findings – Cathy Jolley • Juilliard/Imperial (5th Floor): Medical Marijuana Testing Specificity & Public Safety – Alan Hirsch • Broadhurst/Belasco (5th Floor): Seed to Sale Tracking – Patrick Vo • Empire/Hudson (7th Floor): Accounting Technical Overview – James Marty, CPA 12:15-12:20 p.m. Break 12:20-12:50 p.m. BREAKOUT SESSIONS • Salons 1 & 2 (5th Floor): Organizing Industry Groups for Creating Standardization in the Marijuana Industry: A Best Practices Roadmap to Success – Scott Delholm • Juilliard/Imperial (5th Floor): Banking, Payment Processing and Cash Management – Lance Ott • Broadhurst/Belasco (5th Floor): Branding Your Marijuana Business – Tod Martin • Empire/Hudson (7th Floor): Corporate Structure & Legal Protection Strategies for Cannabis Businesses – Lawrence Mishkin, Esq. 12:50-3 p.m. Lunch Salons 3, 4 & Lyceum Complex (Exhibit Hall) 3-3:30 p.m. BREAKOUT SESSIONS • Salons 1 & 2 (5th Floor): Union Issues Resulting from the NY State Medical Marijuana Law – Richard Winsten & Joe Fantano • Juilliard/Imperial (5th Floor): The Realities of How to Submit a Successful Marijuana Licensing Application – Adam Biermen • Broadhurst/Belasco (5th Floor): Cannabis Business Real Estate Considerations & Concerns – Kerry Blasdel • Empire/Hudson (7th Floor): Criminal Defense, Federal Law & Preemption Issues – Matthew Abel, Esq. 3:30-3:35 p.m. Break 3:35-4:05 p.m. BREAKOUT SESSIONS • Salons 1 & 2 (5th Floor): Experimental Trails: Updated Findings and Engaging Public and Private Sector Research Participation – Dr. Holt • Juilliard/Imperial (5th Floor): Secure Storage of Your Cannabis Products – Lorraine Yarde • Broadhurst/Belasco (5th Floor): The Top 10 Things It Takes to Make a Successful MMJ Operator – Kerry Blasdel • Empire/Hudson (7th Floor): Legal Cannabis Real Estate Overview, Including Zoning, Landlord/Tenant Issues & Insurance – Matthew Abel, Esq 4:05-4:10 p.m. Break 4:10-4:40 p.m. BREAKOUT SESSIONS • Salons 1 & 2 (5th Floor): Building a Successful Brand of Cannabis Products – Ata Gonzalez • Juilliard/Imperial (5th Floor): Employment Law Issues Arising out of Medical Marijuana Use – Barry Peek • Broadhurst/Belasco (5th Floor): Medical Marijuana Production, Cultivation & Sales – Kathryn Awada • Empire/Hudson (7th Floor): How Federal Law Affects the Validity of Medical Marijuana Laws in the States – Mara Felsen, Esq. 4:45-5 p.m. Closing Session Salons 1 & 2 (5th Floor)
  • 16. 14 CANNABIS ENTERPRISE | ISSUE 1 2014 Speaker Previews M ost people, lawyers included, are vaguely aware of federal laws that restrict one’s ability to engage in marijuana business transactions. Federal law (The Controlled Substances Act) generally forbids posses- sion, cultivation and distribution of mari- juana (as well as conspiring or maintaining premises to do so, laundering the proceeds thereof and so on). Yet 22 states and the District of Columbia now have laws legaliz- ing, to various degrees, marijuana for med- ical purposes. In addition, Colorado and Washington passed laws in 2012 allowing for adult use (also known as recreational or nonmedical use) of marijuana. Even casual observers can see there is a thicket of seemingly conflicting state and federal marijuana laws. What has changed in federal law in the last 44 years since the Controlled Substanc- es Act (CSA) was passed, or even in the last 18 years since the first state medical marijuana law was passed, to allow for such sweeping state law changes? Surprisingly little. What is the interplay between federal laws that seemingly forbid marijuana for any purpose and state laws that not only autho- rize it for medical purposes, but also explic- itly provide for its sale and distribution? The answer is complex and can be analyzed from several angles. One angle is federal preemption, derived from the Supremacy Clause of the United States Constitution, which essentially states that the Constitution is the supreme law of the land. Implicit in the notion of federal pre- emption is that when the federal government has exercised any of its powers enumerated in the Constitution, federal law prevails over any conflicting or inconsistent state law. So, are state medical marijuana laws in conflict with the CSA? That is a much bigger ques- tion than it may seem. However, since no two state medical marijuana laws are alike, they must be analyzed broadly to answer this question. Drafters of California’s Proposition 215, the first and still the most expansive state medical marijuana law, intentionally avoid- ed using language that would conflict with the CSA. The CSA classifies drugs into five categories based upon potential for abuse, accepted medical use for treatment in the United States and degree of safety of use of the drug. Because federal law only allows doctors to write prescriptions for drugs on Schedules II-V, and marijuana is classified as a Schedule I drug (the most dangerous category and one for which prescriptions cannot be written), California law codified the right of California physicians to recom- mend (but not prescribe) marijuana to their patients if the patient has a condition that the physician believes marijuana might pro- vide relief. Despite intentionally avoiding language that referred to federal law, federal au- thorities still attempted to strip California physicians of their privileges to prescribe How Federal Laws Affect the Validity of State Medical Marijuana Laws Who: Mara Felsen, attorney at law What: “How Federal Law Affects the Validity of Medical Marijuana Laws in the States” When: Monday, Oct. 13, 4:10-4:40 p.m.
  • 17. INTERNATIONALCANNABISASSOCIATION.COM 15 drugs on Schedules II-V of the CSA if they dared recommend marijuana to their patients. The federal government lost that particular fight in Conant v. Walter, a 2002 Ninth Circuit Court of Appeal case, finding physicians have a First Amendment right to recommend what they think is in the best interest of their patients. Even now, that case technically only applies to the Ninth Circuit (California, Oregon, Washington, Arizona, Montana, Idaho, Hawaii, Alaska, Guam and the Northern Mariana Islands). While this issue seems remote, as recently as June 2014, Drug Enforcement Admin- istration (DEA) agents visited with each Massachusetts doctor whose name was submitted in connection with dispensary applications in that state and presented them with a choice: either sever their ties with the dispensaries or relinquish their license to prescribe legal drugs (most chose the former). While the DEA’s recent actions with the Massachusetts doctors raises dif- ferent issues than those at stake in Conant v. Walter, it demonstrates that the DEA is still closely monitoring what is happening at the state level, and they have not yet relinquished control. What can a businessperson do to legally participate in a state-authorized medical marijuana program without being subject to attention from, and possibly prosecution by, the federal authorities? Various cases are currently working their way through the Colorado and Washington court sys- tems, arguing, in essence, that there is no way to avoid conflict with federal law and, therefore, no way to avoid prosecution from federal law. As such, there is an irrecon- cilable conflict in these laws. While some doubt the likelihood of success of these cases, they strike at the foundation of the new legalization laws and should be close- ly followed. Returning to the question of how to min- imize the threat of federal interference, the Attorney General’s office has issued a flurry of federal memos seeking to offer clarity re- garding federal prosecutorial priorities since 2009. While the memos lack the force of law and provide no protection against federal prosecution, they did offer some guidance as to when the federal authorities would be most likely to intervene in state medical marijuana related activities. In 2013, they clarified that they were primarily interested in preventing the following: distribution flourishing. Although there is a significant amount of federal law that still needs to be changed to give marijuana-related business the parity and certainty that every other business takes for granted (such as access to normal banking services and taking regular business tax deductions), there has never been greater momentum and incentive to do so than right now. of marijuana to minors; revenue flowing to criminal enterprises, gangs or cartels; diversion of marijuana from legal states to non-legal states; using state-authorized marijuana activity as a cover or pretext for illegal activity; violence and use of firearms in cultivation or distribution of marijuana; drugged driving and exacerbation of public health consequences associated with mar- ijuana use; growing marijuana on public lands; and marijuana use or possession on public property. The memo further emphasized that strong and effective state regulatory and enforcement systems that control the flow of marijuana and prevent unauthorized di- version would be less likely to threaten the enumerated federal enforcement priorities. In other words, while adhering to the enu- merated guidelines is no guarantee that your business (as well as you and your property) will be free from federal interference, there are a tremendous number of people and businesses following these guidelines and Mara Felsen, a San Diego attor- ney and advocate for the reform of marijuana laws, lends her legal expertise to cannabis-related constitutional, criminal and ad- ministrative legal issues.After be- ginning her legal career in 1997 as a civil litigator representing corporate defendants in class actions and consolidated individual actions, she joined the international law firm of Sedgwick, Detert, Moran & Arnold, focusing in the areas of business litigation, insurance coverage and bad faith litigation.Following a severe car accident that resulted in multiple back surgeries and chronic pain,she was forced to explore alternative medicine when all else failed. Her own life experiences as a cannabis patient combined with her professional expertise as an attorney inform her unique perspective in a variety of fields. Felsen grad- uated from the University of California at Berkeley, College of Letters and Sciences,and the University of San Diego School of Law. Various cases are currently working their way through the Colorado and Washington court systems, arguing, in essence, that there is no way to avoid conflict with federal law and, therefore, no way to avoid prosecution from federal law.
  • 18. 16 CANNABIS ENTERPRISE | ISSUE 1 2014 Speaker Previews O ne of the most important decisions any new can- nabis entrepreneur must face is the hiring of legal counsel to assist in opening a cannabis cultivation cen- ter, dispensary or both (in those states that support vertical integration, or owning both a dispensary and a cultivation center to sup- ply the dispensary). An attorney is a must for all business endeavors due to the myriad of legal issues this industry continues to face on both federal and state levels. First and foremost, an attorney can help the business navigate the “Thin Green Line,” that narrow path between permissive state laws for the cultivation, production and sale of medical and adult-use marijuana and federal laws pursuant to which those activi- ties remain very much illegal. A marijuana business can be a huge financial success, but that will not mean much if the owners find themselves in orange jumpsuits for at- tracting the attention of federal law enforce- ment personnel or for violating their states’ medical or adult-use marijuana regulations. Operating a marijuana-related business invites government scrutiny like almost no other business that is designed and intended to serve the public at large. Therefore, any operation must be run “squeaky clean,” and a qualified attorney can help ensure the development of operating standards that will meet that goal. Second, an attorney can assist with the traditional “business” issues that arise in this industry. Just like any other business, cultivation centers and dispensaries need to exist within an appropriate type of legal en- tity (corporation, limited liability company, etc.) based on a particular state’s laws, the entity’s business goals, tax considerations and other related issues. Most legal entities also require an operating or shareholders’ agreement that outlines how the entity will operate, addressing such issues as the enti- ty’s management, financial arrangement and restrictions on the transfer of ownership in- terests. If the entity intends to obtain financ- ing from outside investors, it will require a private placement memorandum or other offering agreement. Cannabis businesses need to either own or lease real estate, which means properly drafted real estate contracts and/or leases are essential. Third, an attorney can provide important assistance in the preparation of applica- tions for dispensary and cultivation center licenses in those states with merit-based applications. Many of the issues that must be addressed in those applications are either direct legal issues or have legal undertones that still require an attorney’s assistance and review. Fourth, an attorney can provide guidance and understanding of new legal issues that Hiring Cannabis Counsel Who: Lawrence Mishkin, partner at Silver & Mishkin law firm, corporate counsel to the ICA What: “Corporate Structure and Legal Protection Strategies for Cannabis Businesses” When: Monday, Oct. 13, 12:20–12:50 p.m. Operating a marijuana- related business invites government scrutiny like almost no other business that is designed and intended to serve the public at large.
  • 19. INTERNATIONALCANNABISASSOCIATION.COM 17 are sure to arise as this industry grows and becomes more mainstream. Whether this is addressing new laws that arise as a result of this industry (e.g., dram shop liability for dispensary owners) or addressing legal chal- lenges to state laws or regulations affecting a cannabis business, strong legal represen- tation is a must. Finally, in case a cannabis business owner steps over that Thin Green Line, he or she will certainly require the services of a criminal defense attorney. No matter how well a cannabis business is run or what level of compliance it displays with respect to state laws and regulations, if the federal government focuses in on that business and launches an investigation, a good criminal defense attorney may very well be the dif- ference between fines and/or jail time or walking away from a charge with no crimi- nal liability. Merely understanding why an attorney is important to business people in the cannabis industry is only half of the challenge. It’s also important to know what to look for when hiring cannabis counsel. In this regard, the most important factor is hiring an attorney who has knowledge of the subject matter. There are many lawyers who are good business, real estate, finance and tax lawyers, but know nothing about cannabis and cannabis laws. If an attorney does not understand that banks typically will not make mortgage loans to finance the purchase of real estate on which to operate a cannabis business, the attorney cannot provide proper counsel on how to finance the purchase. Similarly, that same attorney will not understand why a client who wants to sign a lease needs to make sure the landlord’s property is not covered by a com- mercial mortgage, to avoid the lender later demanding that the landlord shut down the tenant’s cannabis operations on the secured property. In short, the relevant inquiry is whether the attorney “talks the talk” of the cannabis industry. Just as important is to find an attorney who is sympathetic to the cannabis industry and has a true interest in seeing it succeed. An attorney who lacks this interest is less motivated to push and dig for legal answers and solutions to problems that hinge on the type of industry knowledge one can best gain from actually caring about the underlying subject matter. If representation is needed in a state with merit-based applications, then the client must analyze two important consid- erations: the size of the attorney’s practice and conflict avoidance. As to the former, a cannabis attorney must maintain a level of clients that allows him or her enough time to address the particular issues and the attorney’s clients and with other industry business owners (e.g., referring patients looking for a certain cannabis strain not sold in one dispensary to a competing dis- pensary that carries the strain). Such a style recognizes the fragile nature of these new medical and adult-use cannabis programs while they gain public acceptance over time. Therefore, while acknowledging the compet- itive nature of the cannabis industry (like any other industry with multiple players), the concept of coopetition also encourages cannabis business people to work together in a way that improves the public’s perception of the industry and benefits the industry as a whole. The most important factor is hiring an attorney who has knowledge of the subject matter. There are many lawyers who are good business, real estate, finance and tax lawyers, but know nothing about cannabis and cannabis laws. demands that each client has of the lawyer. If an attorney is “overbooked,” a client will become very frustrated at not being able to reach his or her attorney during “crunch time” in the application process. An effec- tive attorney must also avoid representing more than one applicant in any licensing district to avoid actual or perceived con- flicts of interest, especially if one client applicant in the licensing district is suc- cessful, while the other client fails to get a license. Finally, a good cannabis attorney will work with cannabis clients in a way that fos- ters an atmosphere of “coopetition” among Lawrence D. Mishkin is a partner in the Northbrook, Illinois law firm of Silver & Mishkin, which rep- resents entrepreneurs and small- to mid-size businesses. A lawyer for 26 years, Mishkin has tradi- tionally focused his practice on assisting his clients in state and federal administrative matters, and with litigation and dispute resolution matters. He and his firm are currently representing groups seeking dis- pensary and cultivation licenses in Illinois, as well as business interests that are ancillary to the medical marijuana market. Mishkin is also the International Cannabis Association’s general counsel.
  • 20. 18 CANNABIS ENTERPRISE | ISSUE 1 2014 Speaker Previews C urrently, the legal cannabis industry is approaching $1 billion a year in Colorado alone. As the marijuana le- galization trend continues nationally, both for medical purposes and adult use, this industry will eventually exceed $100 billion in annual sales. This is about the same size as the wine industry in the United States. Yet, this fledging business lacks the ability to deposit its cash and write checks. Let’s examine the history of this problem and see what it will take to fix it. The banking industry has shown interest in doing business with dispensaries; how- ever, federal regulators continue to pres- sure banks to close identifiable marijuana accounts. The truth is that most dispensaries and grow operations have some form of banking. A recent release from the Financial Crimes Enforcement Network (FinCEN), which is the anti-money laundering department of the federal government, estimated that there are more than 100 financial institutions current- ly banking the cannabis industry. However, some of these accounts are mislabeled. That is, the bank does not know the customer is a dispensary, because the owners misrepre- sented the nature of their businesses. Many marijuana business owners use personal checking accounts to pay bills that can only be paid by check, like federal pay- roll taxes. They put just enough money into those accounts to cover their bills. In other cases, the banks accept a limited number of marijuana businesses on a trial basis. Some Colorado security companies have arranged direct deposits to the Federal Reserve in Denver. In response to this lack of access, the mar- ijuana industry has responded by accumulat- ing cash to pay bills. Industry experts have even figured out how to pay their employees and related withholding taxes in cash. The employees have proper withholding for their wages, but instead of a check, a voucher is printed out of the accounting system, and they present it for cash at the dispensary counter. Withholding taxes are then either taken to the IRS in cash or paid by check from an account that is used just for that purpose. In some cas- es, the IRS has imposed a 10 percent fee for receiving cash payments. In short, running a cash-driven business is a very expensive and cumbersome way for any business owner to operate in our digital era. Pressure to fix this situation comes from many quarters. Foremost, there are public safety issues with so much cash around. Colorado has passed legislation encouraging Why the Marijuana Industry Doesn’t Have Banking Access Who: Jim Marty, certified public accountant (CPA) at Jim Marty and Associates, LLC What: “Bookkeeping in a Cash-Based Business,” “Understanding the IRS 280E Tax Code” and “Accounting Technical Overview” When: Monday, Oct. 13, 10-10:30 a.m., 10:35- 11:05 a.m. and 11:45 a.m. to 12:15 p.m, respectively Running a cash- driven business is a very expensive and cumbersome way for any business owner to operate in our digital era.
  • 21. INTERNATIONALCANNABISASSOCIATION.COM 19 the formation of a credit union to bank the industry, but no group has come forward with the necessary capital (around $5 million) to set this up. The U.S. Department of Justice issued a guidance memo in February 2014 to provide banks a framework for banking marijuana-related businesses. Since this memo did not guarantee exemption from prosecution under the Federal Controlled Substance Act, which lists marijuana as a prohibited class 1 substance, banks have not been accepting these accounts. What are the issues holding them back? The main issue with FinCEN under its “Know Your Customer” rules is that banks must file Suspicious Activity Reports (SARS) when banking activity does not seem to fit the customer’s profile. Large cash deposits will trigger a SARS filing. This can happen to owners of laundry mats and gro- cery stores, as well as marijuana businesses. The FinCEN guidance document requires that a SARS report be issued on every mari- juana-related account, regardless of whether there is any “unusual” activity. This creates an added due diligence and personnel cost burden for the bank to provide an account to a marijuana-related business. It could be coming from illegal drug sales other than marijuana, from a drug cartel’s money or even from terrorists. Understand- ing the issue from the bank’s point of view could lead to a possible solution. If the bank does enough due diligence under the “Know You Customer” rules and can fully comply with the FinCEN guidance document, then theoretically, it can take on a dispensary customer. Thus, if the deposits match the sales tax and income tax returns, and the bank can reasonably determine the cash is coming from a legal retail marijuana business, it can open an account for them. The next problem is the cost of compli- ance. For the bank to do this due diligence compliance, it becomes cost prohibitive. To monitor these accounts and file regular SARS reports with or without the “unsual activity,” a bank would need to hire addi- tional people for its risk compliance team. Risk adverse banks and credit unions have decided it is not worth the compli- ance cost and effort to open their doors to the industry. Other financial institutions with higher risk profiles have opened a limited number of marijuana accounts on a trial basis but part to the product’s illegality at the federal level. Additionally, marijuana businesses deal with large amounts of cash, and it is a new industry that currently exists in less than half the states. For banks, these issues outweigh the benefits of taking on the mari- juana industry. One solution being tested in Colorado is to form a company that will assist banks with their compliance efforts and provide industry-specific technology that makes it easier to be monitored. This reduces the risk to the bank because it gets a fully audited package of tax returns and state-issued marijuana licenses on the potential bank customer. The first pass of the “Know Your Customer” investigation has already been done for the bank. Time will tell if this is the solution that will allow the marijuana industry to gain access to the banking system. In any event, it appears that with enough due diligence and adherence to the FinCEN guidance doc- ument, this problem can be solved. Jim Marty, CPA, ABV, MS, has been a CPA in the Denver Metro area of Colorado since 1984. His firm, Jim Marty and Associates, LLC, has offices in Longmont and Cherry Creek. Marty provides his clients with exceptional tax preparation assistance and he is accredited in business valuation, certified in financial forensics and qualified as an expert wit- ness in jurisdictions in Colorado and California. In November 2009, Marty traveled to San Francisco, California to meet with attorneys and accountants involved in the CHAMP case and medical marijuana taxation. Marty serves more than 100 medical mari- juana clients, has assisted in numerous medical marijuana IRS and State of Colorado audits, and continues to support the medical marijuana and the emerging adult-use marijuana industries in Colora- do. In 2013, Marty founded Bridge West with Hank Levy, CPA, a leading accountant in the cannabis in- dustry in California. Bridge West is a CPA firm devot- ed to serving the legal cannabis industry throughout the United States and abroad. Further investigation of the FinCEN guidance shows the problem is not that the marijuana business is depositing large sums of cash; the problem is that the bank does not know where the cash comes from. are charging as much as $2,500-$5,000 per month to offset their cost of compliance with FinCEN regulations. Marijuana businesses offer many risks to the financial services industry, due in large Further investigation of the FinCEN guidance shows the problem is not that the marijuana business is depositing large sums of cash; the problem is that the bank does not know where the cash comes from.
  • 22. 20 CANNABIS ENTERPRISE | ISSUE 1 2014 Speaker Previews E xtraction of oils and waxes from botanical plant materials has been used for many years, with two basic categories for extraction being used: mechanical separation and chemical dissolving/separating. Mechanical separation is the simplest and least costly method used for extraction, but it also tends to have lower yields and concentration lev- els. Chemical- or solvent-based extraction methods can have wide range of operating costs and capital expense, but they also offer better yields, higher concentration levels and, in some cases, the ability to selectively choose specific molecular weight ranges and/or specific compounds from the plant material. Extraction is the removal of oils from the plant materials, but it’s sometimes also referred to as concentration because the desired compounds are generally more concentrated in the extracted oil and/or wax. The concentration level of the desired com- pounds will vary based on the concentration in the raw plant materials as well as the ex- traction method and parameters. Generally, mechanical methods will produce a lower concentration level compared to solvent ex- tractions. In the cannabis industry, extracted oils/waxes are generally used for either medical infused products (edibles, topicals), vaporizing pens or direct vaporizing — com- monly referred to as “dabbing.” Mechanical Extraction Methods: For plant materials that have high oil contents, such as nuts or seeds, mechanical pressing is very common. For lower oil content mate- rials, such as cannabis, which usually have less than 15-20 percent oil content, other mechanical separation methods are more common. These methods almost always em- ploy some form of screen or filter for particle size separation and mechanical motion, and are usually performed at cold temperatures with the assistance of dry ice or ice water to make the material brittle. Methods that employ the use of water have the disadvan- tage that the water must be removed from the extracted oil. Dry ice sublimates at room temperature and pressure, and it does not require any post processing. Solvent Extraction Methods: There are many chemical solvents that can be used for extracting oils from plant materials. The most common solvents in cannabis ex- tractions are alcohol, hydrocarbons (butane and/or propane) and carbon dioxide. Other less frequently used solvents are hexane, naptha and non-flammable refrigerant gas- ses like R-134A. Butter or coconut oil can also be used as a solvent for cooking and topical applications, but there is no separa- tion of the extracted oil from the solvent in those cases. Solvent Extraction Method — Alcohol: Alcohol is frequently used to make tinctures as well as extract oils/waxes and is sometimes referred to as “Rick Simpson oil.” Alcohol extraction equipment is relatively inexpensive, but it does have some draw- backs. Chlorophyll can be easily extracted Extraction and Concentration Methodology for the Cannabis Industry Who: Andy Joseph, President, Apeks Supercritical What: “Extraction Methodology” When: Sunday, Oct. 12, 10:45–11:15 a.m.
  • 23. INTERNATIONALCANNABISASSOCIATION.COM 21 using alcohol, but it’s usually not desirable in cannabis extractions due to the dark coloring and undesirable taste. “Quick wash” meth- ods are used to minimize the chlorophyll content, but this usually diminishes the oil yield. Alcohol also must be distilled at rel- atively high temperatures to separate from the extracted oil, which can cause thermal degradation of the extracted oils. Solvent Extraction Method — Hydrocarbons: Hydrocarbons, such as butane and propane, are popular solvents for cannabis extraction methods. Hydrocarbon extractions are very efficient and can be very inexpensive — especially if used in an “open blast” method. The obvious drawback to open blasting is the ensuing explosion risk. Butane hash oil (BHO) explosions hap- pen daily, and many states are banning BHO sales and tracking sale of butane cans used for open blast extractions. Closed loop ex- traction systems that use butane or propane are significantly safer, but they still carry flammability risks and require an extraction facility with proper safeguards to prevent ex- plosions. Hydrocarbons also have a boiling temperature that’s close to room temperature and require post processing to remove any residual solvents from the extracted oils/ waxes. Hydrocarbon extracted products are frequently used in direct vaporization ap- plications with names such as shatter, wax, honeycomb, sap, budder and crumble, but they are less commonly used for vaporizing pens and medical infused products. Solvent Extraction Method — Carbon Dioxide (CO2): Liquid CO2 (also referred to as subcritical CO2) and supercritical CO2 extractions have become very popular in the past few years. CO2 is nonflammable, nontoxic, generally regarded as safe (GRAS) by the FDA and leaves no residual solvent in the extracted oils. CO2 also has the ability to change, or “tune,” its solvency properties, allowing for a variety of extracted oil products and consistencies. The biggest drawbacks to the CO2 ex- traction method are the high cost of capital acquisition and the relatively slow efficiency compared to hydrocarbons. CO2 extraction operating pressures are typically between 900psi and 10,000psi with corresponding temperatures as high as 160 degrees Fahren- heit. These high temperatures and pressures require the use of specialized equipment that has been designed, constructed and tested in accordance with American Society of Mechanical Engineers (ASME) Pressure Vessel Code. In addition, the National Fire Protection Agency (NFPA) Code and the International Electric Code (IEC) must be followed for electrical controls and facility requirements. CO2 extracted oils and waxes are more frequently used in vape pens and infused products, but are starting to be used more for dabbing, as new methods for creating product consistencies similar to hydrocarbon products are discovered. Due to the lack of active participation from federal agencies, such as the FDA, there is very little oversight or regulation in the manufacturing of cannabis products, so many legal cannabis states are starting to enforce their own regulations. Specific to extraction equipment, states such as Colorado and Washington are requiring a comprehensive Engineering Peer Review (EPR) by a certified professional engineer. Apeks Supercritical has received approv- als from agencies including the Colorado Marijuana Enforcement Division, Denver Fire Department, Washington State Liquor Control Board and the Portland (Maine) Fire Department to promote safe and healthy extraction/concentration methods. Andy Joseph is the president of Apeks Supercritical, an Ohio- based manufacturer of fully auto- mated subcritical and supercriti- cal carbon dioxide botanical oil extraction systems. Apeks has been designing and manufacturing botanical oil ex- traction equipment since 2001 and introduced pat- ent pendingValveless ExpansionTechnology in 2012. Apeks has more than 175 CO2 extraction systems installed in 20 states across the United States and internationally. Andy is a U.S. Navy veteran and earned his bachelor’s and master’s degrees in Weld- ing Engineering from The Ohio State University.
  • 24. 22 CANNABIS ENTERPRISE | ISSUE 1 2014 Speaker Previews T he Brookings Institution is a nonprofit public policy orga- nization based in Washington, D.C., with a mission to con- duct high-quality, indepen- dent research and, based on that research, to provide innovative practical recommendations. It is consistently ranked as the most influential, most quoted and most trusted think tank (www.brookings.edu/ about#research-programs/). Recently, the Brookings Institute released a report titled “Colorado’s Rollout of Legal Marijuana is Succeeding” (Hudak, July 2014). It is because of this report and our expe- rience deploying the technology solution in the state of Colorado, working closely with the Marijuana Enforcement Division of the Department of Revenue, that we want to present a case study based on this report and the Colorado experience thus far. The report details what has been successful, how Colo- rado has achieved such an effective rollout and what challenges remain in creating a legal marijuana system. History In November 2012, Colorado voters decided to experiment with marijuana. Formally, they approved Amendment 64, modifying the state constitution. This move was histor- ic and did something which, to that point, no other state or modern foreign government had ever done: legalize retail (recreational) marijuana (Hudak, Brookings). As part of the amendment, the state was required to construct legal, regulatory and tax frameworks that would allow businesses to cultivate, process and sell marijuana not sim- ply to medical patients — as had been hap- pening in Colorado for over a decade — but to anyone 21 and older (Hudak, Brookings). What Can State Regulators Learn? A few years ago — before Amendment 64 opened the market and the statewide compli- ance system was deployed — Robert Mikos, a law professor at Vanderbilt University who has analyzed medical marijuana laws, said: “The Colorado approach is probably the model approach at this point. They have much more control of the industry. Other states can look at that, and they can learn from Colorado’s experience” (Scott, Govern- ing, August 2012). As lawmakers pass laws, and regulators and administrations are left to implement these laws, it is critical that a collaborative and informed community determines the best practices for the new industry. The conference presentation will be aimed at the state regulators tasked with overseeing the marijuana industry as it emerges state- by-state. Jolley’s presentation will cover the fol- lowing topics: • What makes Colorado the standard? Why is it succeeding? • What it means to have an industry, enforcement and regulators working harmoniously and effectively. • How to provide visibility for the state without becoming cost prohibitive to the industry. The Colorado Approach to Success Who: Cathy Jolley, Business Development and Governmental Affairs Manager, Metrc What: “What Other State Regulators Can Learn from Colorado to Be Successful” When: Monday, Oct. 13, 11:45 a.m.–12:15 p.m.
  • 25. INTERNATIONALCANNABISASSOCIATION.COM 23 • The flaw in the idea that cultivators should implement their own indepen- dent inventory tracking system. • How to use the Brookings Institution report and recommendations to pro- vide a better solution. • Collection of data is important for continued research and examination to determine best practices, what works and what is not working, so that amend- ments and adjustments can be made. Moving Forward “As voters and lawmakers in more states de- cide to legalize marijuana, policy makers will have to answer a fresh and difficult question: How should governments regulate the pro- duction and sale of the drug? Beyond keeping marijuana out of the hands of minors, a good regulatory system has to limit the increase in drug abuse that is likely to accompany lower prices and greater availability after le- galization. It should protect consumers from both dangerous and counterfeit products, will deploy solutions to meet their own laws and rules. States should not have to recreate each solution from the ground up. Each state should maintain visibility into the industry, utilizing an end-to-end system with a full chain of custody. The marijuana industry needs to be regulated just as other industries are. Best practices will be a result of infor- mation and standards sharing — this is just the beginning of that conversation. Cathy D. Jolley is Metrc’s busi- ness development and govern- mental affairs manager. She has developed strong relationships with business leaders, advocacy groups, lobbyists and governmen- tal officials at the state and national levels across the country. Her ability to bring opposing sides of issues together for collaborative discussion is the key to past success.Figure 1: What Colorado Looks Like reducing the physical risk from a psychoac- tive substance. And a well-regulated system should undermine and eventually eliminate the black market for marijuana, which has done great damage to society.” (Vikas Bajaj, New York Times, August 2014) After the examination of what Colorado looks like, regulators will be able to ask questions and take away ideas from the suc- cess of the Marijuana Enforcement Division. The conclusion should be made that states
  • 26. 24 CANNABIS ENTERPRISE | ISSUE 1 2014 Speaker Previews I n addition to the federal and state criminal issues typically cited regard- ing marijuana, businesses are likely to face a host of issues involving real estate and zoning. This article pro- vides an overview of those issues and insight on how to manage them. Zoning Issues In selecting a potential location, aside from handicap accessibility, the one cardinal rule to remember is 1,000-foot rule — the minimum required distance away from any school (kindergarten to 12th grade). In draft- ing zoning regulations, it is not uncommon for municipalities to also require minimum distances from other uses, such as houses of worship, parks, residential neighborhoods, libraries and other marijuana businesses. Typically, zoning is part of a master community planning document. As com- munities change, zoning may also change to incorporate future planning. However, prior nonconforming uses may be able to remain under grandfathering rules as the communi- ty changes around the nonconforming use. The community may grant variances from existing zoning if determined appropriate, but “spot zoning” usually is prohibited. Dispensaries generally are regarded to be appropriate in areas zoned for business and commercial use. Some municipalities banish marijuana businesses from commer- cial areas and require them to be located in areas zoned for general industrial or light in- dustrial uses. When working with a locality to assist them in drafting zoning regulations, there are several established models to con- sider. One plan might allow dispensaries in commercial areas and growing in industrial areas. Some plans require that dispensaries be spaced at least 1,000 feet from each oth- er, while other plans allow dispensaries only in a certain area of the community. Zoning can be used to promote desired development in a community, but it also may be used to stifle development. Landlord/Tenant and Real Estate Issues Landlords commonly are concerned about potential liability under forfeiture laws. For this reason, when representing a landlord, we prefer not to mention the illegal federal use, so if a forfeiture action is brought, the landlord is not tied to any clauses in a lease that could be used to defeat deniability on the part of the landlord. In contrast, when representing a potential tenant, we prefer to include a clause identifying the illegal use so that the landlord may not use that status as an excuse to claim that the tenant is in violation of the usual clause prohibiting any use that might violate local, state or federal laws or ordinances. Also, a tenant may benefit from a clause that declares the lease terminated upon the occurrence of governmental action causing closure of the business. If the client is purchasing real estate to use for a cannabis business, it may be advisable for the purchaser to encumber the property with a mortgage. That way, the purchaser’s equity in the property is either somewhat or totally limited, which acts as a disincentive for any governmental agency Legal Cannabis Real Estate Overview Who: Matthew Abel, Founder and Senior Partner of Cannabis Counsel, PLC What: “Legal Cannabis Real Estate Overview, Including Zoning, Landlord/Tenant Issues & Insurance” When: Monday, Oct. 13, 3:35-4:05 p.m.
  • 27. INTERNATIONALCANNABISASSOCIATION.COM 25 to initiate any forfeiture proceedings, as the value of the real estate subject to forfeiture is limited to the amount of the equity in the property. As an alternative, some buyers will establish a holding company to be the landlord and then enter into a lease for the property with the holding company. Insurance Issues Some insurance companies offer business insurance policies to marijuana business- es, including umbrella liability, business and even crop loss insurance. The law in this area continues to move forward as the business community develops a need that the insurance companies wish to cover. Consumers need to be wary of standard in- surance clauses that might void a policy if the insurer discovers that the insured is in- volved in activities that violate federal law. Specialized insurance policies are avail- able from some companies. Our law firm recently was able to obtain full payment on a household policy where the tenant’s ballasts used to power growing lamps caused a house fire that made the property unusable without extensive reconstruction. Thankfully, we were able to settle that case without bringing a lawsuit, but future cases may not settle so easily. The Road Ahead The laws regarding real estate and insurance will continue to evolve, but they will remain fraught with traps for the unwary until federal law changes and the prohibition of marijuana is repealed and replaced with a regulated market. Matthew Abel is founder and se- nior partner of Cannabis Counsel PLC, a marijuana law firm in De- troit. Abel has litigated both civil and criminal matters in courts in Michigan for nearly 30 years and has provided advice and counsel regarding the Mich- igan Medical Marijuana Act since its passage in 2008. He also serves as executive director of Michi- gan NORML.
  • 28. 26 CANNABIS ENTERPRISE | ISSUE 1 2014 Speaker Previews The Unique Synergy of the Cannabis Industry Who: Kathryn Awada, the co-founder of Awada Breen Consulting What: Medical Marijuana Production, Cultivation and Sales When: Monday, Oct. 13, 4:10-4:40 p.m. T he quickly growing cannabis industry is unique, with each aspect of the business inher- ently dependent upon the oth- er components. The synergy required is evident when we define production, cultivation and sales. Production is the process of making or growing something for sale or use. In the cannabis industry, production is the engine that drives the business. A producer’s consid- erations are cost versus profits, as well as an- ticipating supply and demand of the industry. The first component comprises the re- quirements for rendering bare warehouse space into a state-of-the art production floor including construction costs. There are ad- ditional costs for water filtration equipment; automation; lighting; HVAC atmospheric control and supplies, such as soil, nutrients, grow mediums, controllers, mixers and dos- ers. These costs are dictated by the size of the facility and its functionality. Finally, the selection and delivery of the initial stock of cannabis plants should be coordinated with the anticipated start-up date. After the initial expenditure for plants (seeds), future production for genetic stock may be self-supplied through propagation, which leads to the second component: cultivation. Every cultivator will want to produce cannabis seeds with the goal of producing a self-sustained supply. To achieve this, grow- ers must collect the pollen to secure future pollination and production of desired seeds. The alternative is to identify the strongest of your initial batch of seeds and cut clones from these mother plants. Efficient utilization of space is paramount to producing large yields and higher profits from the initial investment. Having an expe- rienced team of experts in sustainable cul- tivation is crucial to success. Mold, mildew and pests resulting from a poorly produced crop quickly erase profits and devastate pro- jected crop yield. Oftentimes, the primary focus for those interested in larger yields is growing larger plants; however, this does not mean that growers should sacrifice quality for quantity. Clean, organic soils and healthy plants will ensure healthy consumers. By using proven horticultural methods, growers can achieve a larger harvest, superior flow- ers and product consistency. This leads us to our third component: sales, the total funds a business receives from selling goods or services. “Goods” is not limited to buds, but includes edible marijuana-infused drinks, topicals and oth- er forms of marijuana. A well-trained sales staff is required to ensure that customers are expertly advised about the options available. Additionally, knowledgeable employees who are well-versed in the use of industry point- of-sale software should be prepared to imple- ment and adhere to the stringent regulations associated with the cannabis industry. When production, cultivation and sales are combined, success is assured. Kathryn Awada is the co-founder of Awada Breen Consulting, the premier compliance and educa- tion specialists in the cannabis industry.
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  • 30. 28 CANNABIS ENTERPRISE | ISSUE 1 2014 F orging a path in a new frontier can prove nearly impossible to navigate alone, faced with twists and roadblocks, dead-ends and false starts. Yet, here we are, on the cusp of a nascent industry, quickly transforming into a thriving hub of opportunities for professionals and entrepreneurs. The International Cannabis Association (ICA) is your roadmap, compass and guide, whether you are an es- tablished cannabis professional or you are interested in joining this challenging and rewarding industry. ICA connects entrepreneurs with cannabis experts, providing the necessary resources for your business to thrive and grow. ICA’s mission is simple: provide the education, networking opportunities and credibili- ty essential to succeeding in your professional cannabis enterprise. ICA connects growers, dispensaries, lawyers, accountants, security companies, consultants and more, to ensure that each and every member, from the cannabis novice to the expert, excels in this industry. Through our conferences and new publication, Cannabis Enterprise, we have the answers to your most crucial inquiries. As is inherent in the word “enterprise,” you are embarking on a bold undertaking, and ICA will help guide you along the path to success. ICA’s Mission Statement ICA provides the resources necessary for professionals to succeed in the cannabis industry. Whether you’re considering starting a cannabis business, taking your existing cannabis busi- ness to the next level or expanding your service to support the cannabis industry, the ICA is here to help. By offering educational conferences and networking events, the International Cannabis Association brings together experts from across the cannabis industry as well as individuals simply interested in getting started. As the cannabis industry’s business-to-business association, the ICA is the professional’s source for timely, entrepreneurial and high-quality information. Hot Off the Press, Your New Cannabis Enterprise You are holding the inaugural issue of the International Cannabis Association’s publication Cannabis Enterprise. Within these pages, you will find the information you need to either kick start or sustain your professional cannabis business. From expert advice to top industry news, debriefings on law reforms and regulations, and even personal stories from fellow cannabis professionals, Cannabis Enterprise is your leading source of knowledge to grow your business. This magazine will feature articles written by experts throughout the entire cannabis supply chain, from growers to dispensaries, and will also include expert advice from consultants in the legal, accountancy and security industries, who have honed in on the cannabis specialty within their fields. What is ICA?
  • 31. INTERNATIONALCANNABISASSOCIATION.COM 29 T his is a time of great oppor- tunity for the cannabis in- dustry, and it is a dangerous time as well, especially when it comes to our government’s role in the operation of your cannabis business. Due mostly to misinformation, government policies turned men and women involved in this industry into outlaws. But due to the hard work of a few, the public’s perception of cannabis has slowly changed. We are now at a point where the majority of Americans favor legalization (and not just for medical uses). Following along, the perceptions of policy- makers are slowly changing, and the broader industry has advocated for continued change. Everyone who cares about the cannabis industry needs to get involved with govern- ment now. The challenge the industry faces is that uneducated policymakers will contin- ue to make decisions and formulate policies that will shape what the industry does and how it operates for years to come. Educating policymakers is a long and multi-faceted project that has been going on for years and will continue far into the future. The good news is that there is a role for ev- eryone, and everyone needs to get involved. On the local level, people who make their living in this industry — or who plan to — must take the lead and introduce the industry to elected officials. It is incumbent on you to make sure officials at all levels of government feel comfortable that those involved with this industry are hardworking, law-abiding businessmen and women, ready to play by the rules. Define Yourself Before Someone Does It for YouBy John Overstreet This election year is the perfect time for you to start this process. Educate yourselves about the positions of the candidates on issues important to the continued growth of the cannabis industry. Take the opportunity to meet candidates, attend town hall meet- ings, get involved with campaigns and help elect people who “get it.” In Washington, D.C. and in the 50 state capi- tals, the situation is a little more complicated. In each case, businesses need an in- dividual or firm to guide them. In order to effectively influence policy, you have to know the players and where the landmines are buried. The fastest way to ac- complish that goal is to hire a firm or individ- ual with credibility and the ability to provide the access to key policymakers or regulators. It is an old adage in the business of lob- bying that the individual who owns the busi- ness is the best lobbyist for it. The business needs a professional to help it develop and hone the arguments and put it in front of the right people to make the pitch. The success- ful business will put a team together to guide them through the government labyrinth. Correcting decades of misinformation will be slow, but there is no better time to start than today. Whatever you do, don’t as- sume someone else is going to do it for you. If you don’t care enough to get involved and help shape policy and perception about this industry, I can assure you there are people on the other side of this issue who do care. If you don’t define yourself and what you do, you can’t complain about the description someone else will surely give it. John Overstreet is managing part- ner of O Street Management LLC, aWashington D.C.-based firm spe- cializing in state and federal gov- ernment relations. You may reach him at john@ostreetmgt.com.
  • 32. 30 CANNABIS ENTERPRISE | ISSUE 1 2014 Tell us a little bit about your professional background. Before getting into [the cannabis] industry, I was involved in the legal profession, working for law firms managing their personal injury department. After the economy crashed, I switched to the insurance company side, more specifically the claims and loss preven- tion sector. I became a member of WSATI (Western State Auto Theft Investigators) and worked in an insurance brokerage office that specialized in franchise auto dealerships. I managed the claims, taught dealerships about ID theft, mitigated losses, evaluated risk and analyzed their red flag rules pro- gram. Internally, I analyzed coverages and policy language, created strategies for liti- gation cases and negotiated with claimants. Besides the legal, financial and insurance industries, I’ve owned and operated a lot of different businesses, from car washes to a women’s clothing store, to a wholesale produce warehouse. It’s this very diverse professional background that allows me to thoroughly serve my clients. Though I have been in consultancy for many years now, I noticed that in the past two years, I have begun to mostly receive calls for state licensing. Anyone who’s seen these state applications knows there is a lot of work that goes into them, and it’s not all simple cannabis industry knowledge. You need to understand compliance issues, evaluate risk, be able to put together an operations manual, write a business plan, understand security, know how to spot ‘holes’ in an op- eration, work with mechanical engineers or architects and understand their language, which means that the learning never ends. I encourage all my clients to bring their own with Avis Bulbulyan Who: Avis Bulbulyan, executive director of Bulbulyan Consulting Group Inc. What: “How to Obtain a State License” When: Monday, Oct. 13, 10:35-11:05 a.m. personal experiences to this industry, and I learn different approaches to certain issues all the time. If you think you know every- thing, you really don’t know anything. What experience do you have in the cannabis industry? What resources did you use to break into the industry? I started in this industry in late 2006 in Cal- ifornia, but I didn’t get serious about it until 2008. I had a lot of friends who opened up dispensaries, and they asked me to evaluate their operations for safety and efficiency. I saw firsthand what this simple plant did for a lot of patients who had a medical need for it, and I decided I wanted to join the industry. However, I wanted to start from the bottom to have a thorough understanding of all things cannabis. When I decided to get involved for myself, I started on the ground floor with cultivation. On my first harvest, everything that could possibly go wrong went wrong; back then, help wasn’t as readily available like it is today. I kept an old journal where I listed the ingredients and NPK (nitrogen, phosphorus and potassium) ratios of different nutrients I had mixed and matched to come up with what I considered a perfect recipe for the plants. I didn’t rely on a hydroponic store clerk to put together a list of all nutrients he had on his shelves. When I broke into the industry, there really wasn’t an industry. From growing, I moved onto operating a dispensary. It’s a very small industry — everyone knows ev- eryone — so reputation is extremely import- ant. I would run across people I didn’t know, QA+
  • 33. INTERNATIONALCANNABISASSOCIATION.COM 31 but they knew me based on reputation. In fact, most of my current clients came to me by word of mouth. What are the benefits to aspiring dispensaries and grow facility owners to hire you throughout their licensing process? Experience! I have experience in all levels of this industry, going back to 2006. I have experience in the states that have had a merit-based application process. When Massachusetts became the first, I was there. In fact, my group was the highest scoring ap- plicant in the state. I was involved in Nevada and Illinois. Those ranks will be released in November, but I’m extremely confident my clients will be the highest ranking. Applica- tion work is difficult, but if you don’t have the experience, it becomes extremely difficult. In Illinois alone, I had last minute calls from three different groups who had less than 10 days until the submission deadline because their consultant or lawyer quit on them due to the overwhelming and difficult process. I have been hired by lawyers who had licens- ing clients, but they needed that special guidance only available from someone who’s “been there and done that.” What are some of the common mistakes, questions or roadblocks your clients have when applying for their license? Usually my licensing clients have the same questions and issues and a lot of it stems from a lack of knowledge about the industry. Before even getting started on the applica- tion or the strategy, we’ll sit down and dis- cuss in detail all the different sectors of the industry. Once they understand the different sectors, they start having a solid under- standing of how each sector interacts with the other. When they know the holes in the different types of operations and the holes in the regulations of different states, they’re able to put together a better operation that plugs these different holes. What really sets apart my groups from the others is they’re more educated about the industry; it’s one of the reasons my group in Massachusetts was the highest scoring group in the state, with a near perfect 160/163. I tell my clients that every decision they make must have a reason with a purpose. A really big mistake some groups make is they decide that instead of one consultant or one lawyer to do the application, they hire out multiple consultants for different pieces of the application or they hire a lawyer and a consultant to do the same job. Every group should designate one person as the point person who calls all the shots throughout the process. With multiple consultants, you don’t have that, and it doesn’t take long for people to step on each other’s toes. What advice do you have for individuals aspiring to break into the industry? Know what you’re getting yourself into, and I’m not talking about just the laws. A lot of people think this is an easy business and a quick road to being rich. Owning and oper- ating a grow facility is a tremendous amount of work. Operating a dispensary is a lot of work. Learn as much as you can about this business and industry as a whole. If you want to be involved on the dispensary level, don’t just learn about dispensaries. Learn about the different sectors of the industry and how they make up the industry. I get clients all the time looking to get into dispensing, and when we discuss the industry, their eyes open up to countless possibilities. For licensing hopefuls, be realistic with your expectations and limitations. Every single group applying for a license thinks it’s the best applicant. In some situations, I rec- ommend individual clients or even groups merge together to create one big organization that has a chance to be competitive. In Nevada and Illinois, I turned down a to- tal of nine consulting jobs. I didn’t think they could be competitive and I let them know why. Of the nine groups, five went ahead with an application. A couple of months later, three of them called me back and said they dropped out. Between those three groups, they spent an average of $150,000 per group before realizing they had no shot. So, before getting involved on any level, do your home- work and learn as much as you can. Before hiring anyone, don’t just ask for references, actually contact the references. Don’t be fooled by fancy websites and countless press releases: Ask specific questions and don’t settle for general answers. What are you most passionate about in this industry and in your work as a consultant? I sincerely love helping people. I probably do more free work than charged work. I volunteer my time and expertise to private veteran groups or patient groups that can’t afford the cost of marijuana from a dispen- sary and want to set up a grow operation for their personal use. I love the feeling inside when clients go through their first harvest and hold the finished product in their hand with an overwhelming sense of pride because they did it. Anyone who’s grown a plant from seed to harvest knows this feeling. I love that I can be a part of this moment, and for me, it’s very humbling. I try to take the pressure off the licensing clients as much as I can; they go through an emotional rollercoaster ride for months. But nothing compares with the feeling of getting a call at 6:30 a.m. from a client who can barely contain his excitement telling you he won a license. For me, my clients aren’t just clients, and I don’t treat them as such. I get emotionally attached to the group and emotionally vested in the application.
  • 34. 32 CANNABIS ENTERPRISE | ISSUE 1 2014 A s any business owner knows, security is a vital part of your business plan. However, if you open the phone book or go online to look for a security compa- ny, there are dozens of companies to choose from. How do you choose? What do you look for? Hopefully, the following information can help guide you along the way. There are three areas of security that business owners must consider: physical, electronic and investigative. Physical se- curity is the employment of security officers at a given site; electronic security uses alarm systems, surveillance cameras and access control; and investigative services provides background checks for employees or pre-employment screening, workplace in- vestigations and other much more in-depth research. This article will focus on the phys- ical security needs of businesses. Now that you know you need security, you have questions that need to be answered: Who is my provider? What do I need? Who can help me? There are big national companies, large regional companies and local providers. What are the differences amongst the three? National Companies National companies have layers of man- agement. These companies are sizeable enough and staffed to cover most states with one phone call. These firms may require a large volume of weekly security hours per client. Regional Firms Regional firms operate in a series of states, most likely driven by the operating location of one of their larger clients. Like national companies, these regional firms may expect a large minimum number of weekly hours. Local Firms Local firms generally operate in only one or two states. These firms are usually owner operators and do not require a minimum number of weekly service hours. Regardless of what size firm you decide to hire, the licensing requirements are the same for all companies. The company, as well as each officer, must have a security guard license. You will want to make sure that those licenses are up-to-date. Ask what type of additional training the security firm offers its officers besides the required state annual in-service. Again, security officers’ main jobs are to be customer service experts, and this is where most companies fail. There are dozens of training programs that deal specifically with customer service; does the security company take advantage of them? Now that you recognize the different types of security firms, you have to decide what type of physical security services you need for your business. Most security companies offer either armed or unarmed security officers for hire. There are pros and cons to both, but the basic differences are what level of deterrence you want in your business. Understand that just because a security officer has a gun, he or she does not have any more power or authority than an unarmed security officer. All security officers have the exact same authority, which is no more than a private citizen. Their main function as a security officer is to observe and report. They serve as a visible deterrence to criminal activity, and in the event of an in- cident, they are excellent witnesses and can quickly summon the appropriate authorities. Any actions above and beyond these duties by a security officer expose you to civil lia- bility. The security officer should have great customer service skills and act as a represen- tative of your business. If they start playing police officer, get a new guard. Here are some considerations to keep in mind when choosing a security company and type of security services. The first is price. I caution you to not be fooled by the lowest bidder. Security is an extremely competitive business, but you get what you pay for: The less a company charges per hour, the less revenue the firm has for management of the security guards. Ask if there’s a price up- swing for weekend or night hours. What about Business Security NeedsBy Mona T. Rinaldo
  • 35. INTERNATIONALCANNABISASSOCIATION.COM 33 holidays? What if they have to staff your site with the same guard for more than 40 hours a week because of a staff shortage in their company? Who pays the overtime? Have the firms explain how they will manage all of the above issues as well as the following: • Who will you call when there is a problem? • What happens when a guard doesn’t show up for a scheduled shift? • What is their internal policy for deal- ing with an officer who is late? • What is their policy for dealing with an officer who is not friendly or has a sloppy appearance? • What are the conditions of getting out of the contract if you are unhappy with their service? • How quickly can you expect a re- sponse to your issues, and what is the procedure if you are not satisfied? The choice of a security company may seem overwhelming, but it is important. You are hiring people to represent your business and serve a vital role in keeping your busi- ness, your property, your customers, your employees and yourself safe. If all of this information seems too much to digest, then let the experts do it for you. Hire a security consultant who will take care of all of your security needs, including phys- ical, electronic and investigative services. Your business is your area of expertise, and security consultants are experts in the security industry. Consultants work for you and negotiate with various security firms to Y O U R A S S E T S . O U R M I S S I O N . W W W . B L U E L I N E P R O T E C T I O N G R O U P . C O M B O O T H # 4 0 3 W I N I T . We work with our partners to develop winning security and transportation plans for dispensary and cultivation facility applications. S E C U R E I T . Armed protection is a serious business for serious professionals. We take the risks and secure the operations of lawful cannabis businesses. We established ourselves as the premier cannabis protection and compliance organization through our work in Colorado and Washington, and our strategic partnerships in other states provide us unparalleled reach across the nation. P R O T E C T I T . We provide the expert compliance and risk mitigation services businesses need to remain operational and out of the crosshairs of regulators. B U I L D I T . We provide financial solutions to help lawful cannabis business owners enhance their personal and professional financial health. We are Blue Line Protection Group, Inc., the industry leader in the emerging market of legalized marijuana and cannabis product protection, transportation and compliance services. Contact us for more information about out strategic partnership opportunities. Our work in the industry has been featured on the CBS This Morning, The Wall Street Journal, ABC World News Tonight and 20/20, CNBC, Fox News, The New York Times, The Washington Post, HBO Vice, and more. Nobody in the security, protection, vaulting or transportation industry has the experience, knowledge or reputation that we do. A S SETLOG I S T I C S • S E C U R I T Y • F I N A N C IALS• T R A I N I N G • COMPLI A N C E • PR O T E C T I O N G R O U P B LUE L I N E TM 8 0 0 . 8 4 4 . 5 5 7 6 establish the best security plan and services for you and your business. As a business owner, knowledge is power. Stick to what you know and make sure you utilize experts in the security industry to protect your investment. Mona T. Rinaldo is the president of a security and investigation company. She began in the indus- try in 2003 as an investigator, was then promoted to director of operations and eventually named president of the company. Prior to her security ca- reer, Rinaldo had more than 15 years of experience in the insurance industry.