Member Blog: Cannabis Banking – A Risk / Reward Analysis
Several years ago at the PBC Conference on cannabis banking, the keynote speaker, then Deputy Attorney General James Cole, lamented that his “Cole Memorandum,” published in August 2013, directing Attorneys General not to focus their prosecutorial resources on state-licensed cannabis businesses and used by FinCEN in drafting and issuing its guidance on banking marijuana in February 2014, created an unduly restrictive compliance regime for banks and credit unions electing to bank cannabis businesses.
Since 2014, the number of states where cannabis is legal in one form or another has doubled. Over 70% of Americans want to see cannabis legalized. Both the Biden and Trump Administrations have tried, or are considering, re-scheduling cannabis from Schedule I to Schedule III of the Controlled Substances Act. The SAFE Banking Act, or its more recent iteration, the SAFER Banking Act, which would provide a legal safe harbor to financial institutions banking cannabis, has languished in Congress for eight years.
Despite these developments, banks and credit unions banking cannabis, must rely on a guidance that has not been revised in twelve years. This guidance entails many compliance burdens, risks and costs which has led many financial institutions to stay away from this space. Furthermore, the guidance is just that — guidance. It does not have the certainty or clarity of a regulation. This also has kept many financial institutions at bay.
The good news is that, over time, the regulatory expectations regarding banking cannabis have become somewhat clearer, and the reputational risks of banking cannabis have diminished as the stigma associated with cannabis has largely gone away.
Cannabis is here to stay. Because of this, cannabis banking is here to stay. If financial institutions are not yet banking cannabis, the time to consider doing so is yesterday. While there are certainly risks associated with cannabis banking, the rewards can be great.
Rooted in Community: Nice Guys Delivery
The heart of NCIA is a powerful network of business owners, industry professionals, and entrepreneurs who share a common goal: building a fair, inclusive, and thriving cannabis industry. Through our “Rooted in Community” series, we shine a light on the members who help support and shape that vision every day. This month, we’re proud to feature Evergreen Member and NCIA Board Member Monica Gray-Fong, co-founder of Nice Guys Delivery – a retail delivery & distribution company leading the industry with a deep commitment to political advocacy and community. Since joining NCIA in 2017, Monica has been a dedicated advocate for the industry by participating in Lobby Days, speaking at our conferences, contributing to webinars, and serving on our Board of Directors for the past 5 years. We’re proud to have Monica and Nice Guys Delivery as part of the NCIA community and honored to represent their work and values!
NCIA: Give us a snapshot of Nice Guys Delivery. Where you operate, who you serve, and what makes your work unique?
MG: Nice Guys Delivery primarily serves individuals in California, particularly in Marin County, who are looking for high-quality, lab-tested cannabis products. Our customers likely include both recreational users and those seeking cannabis for wellness purposes. For those that cannot access cannabis by going to a Dispensary, we bring relief right to your doorstep.
NCIA: California is often seen as the heart of cannabis, especially since it was the first state to legalize medical use. But from an insider’s perspective, what’s the reality of working in the cannabis industry in California today?
MG: Ugh. California is terrible. The industry in CA is failing. Shrinking. AB564 already passed but the industry was failing before the tax increase and AB564 merely kept us at 15% and did not decrease it. They also just put a ban on intoxicating HEMP products. Not sure how much further that will take our industry…..
NCIA: What motivated you to join NCIA?
MG: Nice Guys Delivery is deeply committed to advocating for small business owners and the customers they serve in the cannabis industry. By joining the National Cannabis Industry Association, we are ensuring that our voice – and the voices of our patients and customers – are represented in shaping the future of the industry. This highlights our dedication to not only providing quality products and services but also to influencing policies and decisions that impact small businesses and the broader cannabis community.
NCIA: Can you share a favorite NCIA memory – perhaps a relationship or connection that your membership helped you build?
MG: Speaking on the SAFE(ER) banking panel at the conference in Long Beach. Meeting some really great people at that conference and being able to give my two cents on why banking is such a huge hurdle for the industry.
I have met so many wonderful people at the NCIA. I’ve met our current General Council, our Insurance Broker and so many other partners and collaborators throughout the years.
NCIA: How does Nice Guys Delivery stand out from the competition?
MG: We were one of the first delivery services licensed in CA after prop 64 passed. We’ve been around since 2016 (almost 10 years?!), been through the pandemic as an essential business, have been through every regulatory hurdle and have seen many of our friends in the industry come and go.
NCIA: 10 years is such an accomplishment in cannabis! How has your company evolved since it started?
MG: OMG. This is an essay in itself. It was just myself and my husband at first. The business was incorporated 2 weeks after I gave birth to our first son in 2016. We now have 40+ employees, 9 vehicles, 4 units in our building, so many systems integrated, security upgrades and more. I can go on and on about why my hair is now turning white.
NCIA: Any final words on why NCIA membership is valuable to Nice Guys Delivery?
MG: It is important that our voice is heard and at the table when cannabis reform happens at the National Level.
Monica and Nice Guys Delivery personify what it means to be truly rooted in community. Not only by serving their customers with care, but by standing up for the future of the cannabis industry through their advocacy and leadership. As a longtime NCIA member and Board leader, Monica’s voice continues to shape critical conversations around equity, access, and reform. We’re honored to spotlight her journey and grateful for the work she and Nice Guys Delivery are doing to push the industry forward.
Together with our members, NCIA is building a stronger cannabis industry – rooted in community and driven by shared purpose. Join the community, join NCIA.
Turning Advocacy Wins into Operator Wins
The word “advocacy” is a loaded term. It evokes different emotions in different people. However, in the cannabis industry, it’s a case of goose and gander, as a win for advocacy is a win for operators as well — with policy wins ultimately translating into financial benefits for operators. Thus, it would stand to reason that whenever possible, operators should lend their support to the side of advocacy. In this article, we’ll explore how the two can work together to their mutual benefit.
From Bill Passage to Bank Balance
Due to its quasi-legal status, every positive legislative change can be a massive boon for the cannabis industry. As many are aware, the industry can often operate on a cash-only basis due to federal restrictions. Thus, something like the SAFER Banking Act, which advocates have been pushing for, can be highly beneficial to the industry.
To recap: this act would help provide federal protection to financial institutions, including preventing the depository institution from being penalized for providing banking services to a state-sanctioned cannabis business. Further, the Act prohibits a federal banking service from requesting or requiring a depository institution to cancel a deposit account.
While this act is still waiting to be passed by the Senate, it could represent a significant step forward for the industry by offering essential banking services such as loans, credit lines, and cash management services, such as armored deposit services.
Another big issue for cannabis advocacy is rescheduling. Going from a Schedule I narcotic to a Schedule III narcotic would also open many doors for the industry. One of the most significant advantages of this shift would be the elimination of IRC 280E, which restricts what operators can deduct under the tax code. Unshackled from this prohibitive tax code, operators would have a wealth of items they could deduct, such as wages, rent, utilities, insurance, marketing, and administrative costs.
The benefits of rescheduling wouldn’t stop there. This shift could also herald more research and development opportunities for cannabis, as there would be a greater legal recognition of the plant’s medicinal value.
TL;DR: Advocacy could help operators in many ways; here are but a few examples:
- The SAFER Banking Act would provide federal protections, allowing banks to safely offer essential services, such as checking accounts, loans, and cash management, to state-legal cannabis businesses. This would reduce cash-only risks and improve industry stability.
- Rescheduling cannabis to Schedule III would eliminate the restrictive tax code 280E, enabling cannabis businesses to deduct regular business expenses and promoting more research, development, and legal recognition of cannabis’s medical value.
Now, let’s discuss how the industry is already working together to be most effective for everyone.
Coalition Building
Fortunately for the cannabis industry, supporters are passionate and proactive. We can examine several examples of how the industry has leveraged partnerships across different segments to the benefit of everyone.
California NORML – (CA NORML)
The oldest chapter of NORML, established in 1972, the National Organization for the Reform of Marijuana Laws — California chapter continues its legacy from the Compassionate Use Act of 1996 to the recent passage of AB 564, a tax-reducing policy.
California NORML unites the cannabis industry by coordinating lobbying, publishing resources, and building a business directory — acting as a bridge between consumers, legislators, and cannabis businesses to promote equitable laws and industry cohesion.
The Minority Cannabis Business Association (MCBA)
Favoring a grassroots approach, the MCBA seeks, in their words:
“To create equal access for cannabis businesses and economically empower communities of color through policy, programming, and outreach initiatives to achieve equity for the communities most impacted by the War on Drugs.”
Through advocacy and events, the MCBA creates partnerships through many industry segments (retail, cultivation, etc.) for maximum impact.
Besides working together, let’s explore how we can utilize one state’s win as a model for others.
National Cannabis Industry Association (NCIA)
NCIA brings together various players in the cannabis industry by providing national advocacy, policy coordination, education, networking, and a member directory across all verticals — ensuring businesses and stakeholders speak with one informed, powerful voice.
Scaling Local Success
We can look to states such as California, Oregon, and Washington as (limited) success stories. These states have passed legislation enabling their governors to enter into interstate agreements, allowing border-transversing sales of cannabis between states where it is legal. This enables operators to reach far-flung markets beyond their home state. We see how these states follow each other’s lead while also working collaboratively to secure the best return on investment, although full-scale interstate commerce remains limited pending federal changes.
We can also turn back the clock nearly thirty years from today to when California passed the Compassionate Use Act of 1996. Other states would follow California’s model, and by 2023, 37 states had medical marijuana laws.
Or we can turn to Colorado and Washington, rewinding the clock not quite as far to 2012, when the states legalized recreational cannabis use. This would also serve as a model for other states, and by 2023, 19 states had followed Colorado’s example.
It goes without saying that when one state makes progress for cannabis reform and has quantifiable results, other states are likely to follow suit.
Conclusion
There is no cannabis industry without advocacy. Every step advocacy makes, operators are in lockstep with it. Fortunately, as competitive as the industry is, groups like the National Cannabis Industry Association are arduously working for legislative changes that benefit many in the industry. At the same time, we have other organizations like the Minority Cannabis Business Association toiling to help specific groups that have been historically disadvantaged. However, when these minority groups benefit, everyone benefits — as these social equity initiatives support whole communities by providing jobs and using tax revenue for mental health support, legal services, and other community reinvestment programs.
And speaking of tax revenue, when one state’s cannabis laws are effective — whether medical or recreational — it’s easier to get the ball rolling on similar laws in other states.
Committee Blog: Streamlining Cannabis Ownership Changes – Time for a Smarter Approach
Let’s be real: changing ownership of a cannabis business is a slog. Between “nontransferable” licenses that force full entity sales, wildly different definitions of who counts as an owner, and piles of disclosures, fingerprints, forms, and fees, deals get stuck in a hurry-up-and-wait cycle. Most states still require pre-approval, and with boards that meet infrequently, one missed agenda can push closings back by months—leaving buyers and sellers in costly limbo. Many states do not have required time frames by which they will approve or deny a request for a change of ownership. Indeed, our contributors are aware of change approvals that have lasted over two years before approval. Additionally, some states charge exorbitant fees for this review process, and that is before factoring in the attorney fees and other costs associated with long delays.
It doesn’t have to be this hard. Alcohol license transfers are usually handled quickly and efficiently, with most states processing changes in ownership within a few weeks after receiving the necessary paperwork. This stands in stark contrast to the cannabis industry. Regulators should streamline routine ownership changes by shifting to a simple notice model (with required affirmations from the parties that information is true and accurate), standardizing timelines, and allowing expedited change processes during renewal periods.
If you’ve gone through a cannabis change of ownership, we want your insights to help make that case. Fill out our short survey for a chance to win six free months of an NCIA membership. Your experience can drive smarter, faster rules that keep compliance strong without stalling legitimate transactions.
| State |
Approval or Notice? |
| Alaska |
Approval |
| Alabama (Med Only) |
Approval |
| Arkansas (Med Only) |
Approval |
| Arizona |
Notice |
| California |
Notice |
| Colorado |
Approval |
| Connecticut |
Approval (and notice to the AG) |
| DC |
Approval |
| Delaware |
Approval |
| Florida (Med Only) |
Approval |
| Georgia (Med Only) |
Approval (only after 5 years of issuance) |
| Hawai’i |
Approval |
| Iowa (Med Only) |
Approval |
| Illinois |
Approval |
| Kentucky (Med Only) |
Approval |
| Louisiana (Med Only) |
Notice |
| Massachusetts |
Approval |
| Maryland |
Approval |
| Maine |
Approval (Generally) |
| Michigan |
Approval |
| Minnesota |
Approval |
| Mississippi (Med Only) |
Approval |
| Missouri |
Approval |
| Montana |
Approval |
| Nebraska |
Notice (for management change) |
| New Mexico |
Approval |
| New Hampshire (Med Only) |
Not Permitted |
| New Jersey |
Approval |
| New York |
Approval |
| Nevada |
Approval |
| North Dakota (Med Only) |
Approval |
| Ohio |
Approval |
| Oklahoma |
Approval |
| Oregon |
Approval |
| Pennsylvania (Med Only) |
Notice |
| Rhode Island |
Approval |
| South Dakota (Med Only) |
Approval (If the ownership interest transferred to a party not already approved is fifty percent or more, the submission of a new initial registration application is required, and the old certificate must be cancelled/withdrawn.) |
| Utah (Med Only) |
Notice for less than 20%. Public Notice for a 20 to 50% change. Approval is more than 50% |
| Vermont |
Approval |
| Virginia |
Approval |
| Washington |
Approval |
| West Virginia |
Approval |
For informational purposes only. Does not constitute legal advice. No warranties are made as to accuracy or completeness. If sharing, include this disclaimer and do not alter the content.
Committee Blog: How to Build a Cannabis Business Continuity Plan Before the Next Natural Disaster
“The power was out for days, and we had no cooling. We lost inventory, time, and trust.”
— Reported sentiment from multiple Texas cannabis retailers after Hurricane Beryl (July 2024)
The Problem: Natural Disasters Are Crippling Cannabis Businesses
In July 2024, Hurricane Beryl made landfall near Matagorda, Texas, as a Category 1 storm. Over several days, coastal and inland areas were recorded with 10–16 inches of rain, 7-foot storm surges, and mass power outages that left over 2.7 million homes and businesses in the dark¹²³. Tragically, at least 44 deaths were attributed to extreme heat and extended blackouts.
For cannabis operators, the consequences were severe. Indoor cultivation facilities lost power, triggering rapid temperature spikes, humidity swings, and widespread crop failure. Mold outbreaks and compliance issues followed. Outdoor growers faced flooded fields, soil contamination, and damaged irrigation systems. Retailers saw product spoilage from failed refrigeration, interrupted logistics, and days, sometimes weeks, of lost revenue.
Flash Flood Catastrophe in Texas Hill Country, July 2025
Over the Fourth of July weekend in 2025, central Texas was struck by one of the deadliest inland flash floods in decades. Torrential rains—some areas receiving an astonishing up to 20 inches in just a few hours—triggered “life-threatening flash flooding” across Kerr and Gillespie Counties, including communities like Kerrville, Hunt, Comfort, and neighboring areas. The Guadalupe River surged dramatically: in Hunt it rose 22 feet within two hours, reaching heights of nearly 30 feet, while in Kerrville and Comfort water levels also spiked rapidly. The disaster resulted in a staggering business loss and a devastating death toll exceeding 130 people, with at least 107 fatalities in Kerr County alone, and 27 lives lost at Camp Mystic, an all-girls Christian summer camp.
A Northeast Wake-Up Call: July 2025 Flooding in New Jersey
July 25 also brought mass destruction to the east coast, New Jersey experienced three separate flash flooding events that left businesses scrambling across counties. In Somerset and Union counties, sudden downpours overwhelmed storm drains, damaged storefronts, and prompted emergency shelter-in-place orders⁶.
Nichelle Santos, CEO, CannaCoverage Insurance saw the devastation first hand, as a resident of Somerset County. Santos stated, “In towns like Plainfield, Warren, and Scotch Plains, road closures and impassable intersections left employees stranded and operations halted. Nearby, cannabis retailers and small grows weren’t spared: reports of water damage, mold remediation, and delayed shipments mirrored post-hurricane conditions hundreds of miles south. From flash floods in North Plainfield to sewage overflows in Watchung, the message was clear, extreme weather events are now a monthly concern, not an annual surprise.”
Shauna Blackburn, Executive Vice President of Underwriting and Development, The Cannabis Insurance Company, stated, the recent tragedies, each of historic proportion, reveal stark vulnerabilities: both to natural disasters and the fragile regulatory climate around hemp and cannabis. Businesses in these sectors need tailored support, ranging from risk mitigation disaster preparedness, insurance services, and regulatory relief, to sustainably recover from this crisis.”
The Impact on Cannabis Operations
- Production Losses
Indoor grow rooms depend on consistent environmental control. Just a few hours without electricity can undo months of progress. During Beryl, many facilities reported total crop loss. In New Jersey’s July 2025 flooding, operators with ground level HVAC systems saw mold take hold in less than 48 hours.
- Financial Fallout
Cannabis operators don’t qualify for FEMA or SBA recovery programs. And insurance? Many policies exclude losses tied to flood, mold, or spoilage. Whether you’re in Texas or New Jersey, unexpected downtime can translate into five- or six figure losses.
- Employee Safety & Stability
From flooded entryways to collapsed ceilings, the risks extend beyond plants. Several NJ businesses were forced to close for repairs, leaving hourly staff without work or wages. And even when facilities were operational, hazardous air quality from standing water or compromised ventilation slowed reopening timelines.
A Unique Vulnerability
The cannabis industry faces challenges that amplify disaster risk:
- No Federal Relief: Cannabis remains federally illegal, cutting off FEMA support and most emergency grants.
- Strict Compliance Requirements: Even during emergencies, cannabis operators must maintain precise seed-to-sale tracking.
- Limited Insurance Options: Business interruption insurance is notoriously limited. • Complex, Perishable Inventory: Cannabis isn’t shelf-stable.
“Cannabis businesses are experiencing the same climate threats as others, but with fewer tools to recover.”⁴ MJ Biz Daily
And these threats are intensifying. According to NOAA’s 2025 Atlantic Hurricane Outlook, forecasters expect an above-average season with 13–19 named storms, a clear warning for coastal and inland operators alike⁵.
The Solution: Proactive, Cannabis-Specific Continuity Planning
Waiting for relief that never comes is not a strategy. At Canna Shield Compliance, we specialize in designing Business Continuity Plans (BCPs) tailored to the unique needs of cannabis operators. Our framework ensures you can weather the next storm and every disruption beyond it.
- Risk Assessment & Infrastructure Vulnerability
We map your facility’s exposure to floods, wind damage, and power loss. By identifying critical systems, we prioritize upgrades and backup solutions.
- Operational Redundancy Plans
From backup generators and battery systems to alternate cultivation sites, we establish fail safe processes that keep your grow rooms and dispensaries running when the grid goes down.
- Employee & Safety Protocols
Your team is your most valuable asset. We craft clear evacuation procedures, on-site shelter plans, and communication trees to protect staff and maintain compliance under duress.
- Insurance & Compliance Alignment
Cannabis Insurance falls under Excess and Surplus Lines, otherwise known as the “high risk” category. Navigating insurance exclusions and state regulations is complex. We review the insured’s policies, recommend carriers who specialize in cannabis, and align your BCP with regulatory requirements to avoid costly lapses.
- Resilient Supply Chain Models
Disruptions rarely happen in isolation. We help you develop and expand alternative supplier networks both in state for cannabis; and for hemp in and out of state, to ensure you can source inputs and distribute products, no matter the local conditions.
Don’t Let the Next Storm Destroy What You’ve Built
Natural disasters aren’t hypothetical; they’re happening now, and their frequency is rising. The difference between recovery and ruin is preparedness. Whether you’re a microbusiness or a multi-state operator, your cannabis operation demands a strong continuity plan.
Protect your license. Protect your business. Book your free disaster risk assessment today.
Schedule Online: www.cannashield.net
Call: 732-433-0557
Email: info@cannashield.net
References
¹ CNN – “Hurricane Beryl Damage in Texas,” July 9, 2024
² Texas Tribune – “Small Businesses After Hurricane Beryl,” July 11, 2024 ³ National Weather Service – “Beryl Recap,” July 2024
³ National Weather Service – “Beryl Recap,” July 2024
⁴ MJBizDaily – “High Winds, Flooding Shutter Marijuana Operations,” July 2024
⁵ NOAA – “2025 Atlantic Hurricane Season Outlook,” May 2025
⁶ MSN – “NJ County Issues Shelter-in-Place After Dangerous Flash Flooding,” July 2025
⁷ NJ101.5 – “Somerset, Union County Businesses Begin Recovery After July Flooding,” July 2025
Member Blog: Navigating Chemical Safety in Cannabis Extraction
As the cannabis industry continues its rapid expansion, the demand for high-quality cannabis extracts for medicinal, recreational, and industrial applications is skyrocketing. With this growth comes increased pressure on businesses to innovate, scale production, and meet evolving operational challenges — all while navigating a complex web of occupational safety and regulatory requirements.
Among these, chemical safety in extraction processes stands out as one of the most critical and often underestimated priorities. Whether you’re a start-up scaling your first extraction line or an established operator expanding capacity, mastering chemical safety is essential not only for protecting your workforce but also for safeguarding your business from legal, financial, and reputational risks.
Understanding Core Extraction Methods and Their Risks
Cannabis extraction techniques generally fall into two main categories — solvent-based and non-solvent-based — each with unique safety considerations for workers.
Solvent-Based Extraction
Methods such as hydrocarbon extraction (using butane or propane), supercritical CO₂ extraction, and ethanol extraction are widely used for their efficiency and product quality. However, they bring inherent risks to personnel:
- Hydrocarbons are highly flammable and explosive, requiring closed-loop systems, continuous gas detection, and rigorous engineering controls to prevent catastrophic incidents.
- Supercritical CO₂ is less hazardous from a flammability standpoint but involves extremely high pressures, creating potential for mechanical failure or pressure-related injuries.
- Ethanol is effective and widely used but introduces both flammability and toxicity concerns that must be carefully managed through proper ventilation, bonding, and grounding.
Non-Solvent-Based Extraction
Techniques like mechanical separation and rosin pressing eliminate hazardous solvents, reducing chemical risk. However, they present physical hazards such as burns from high temperature plates, crushing injuries from mechanical systems, and ergonomic strain. These methods also face challenges with consistency and yield, requiring careful process design and operational controls.
Chemical Safety and Regulatory Compliance: More Than a Checkbox
The hazards in cannabis extraction extend well beyond the risk of fire or explosion. Workers can be exposed to toxic vapors, resulting in respiratory irritation, chemical burns, or chronic health effects. Without proper ventilation, engineering controls, PPE, and regular safety audits, these risks can accumulate and create systemic vulnerabilities that compromise worker health.
The consequences of neglecting safety are real and severe. In 2021, a butane extraction explosion in Oregon tragically killed a worker — a stark reminder that safety failures are not just regulatory issues, but human ones. Beyond injury and loss of life, incidents like this expose companies to lawsuits, costly downtime, and lasting damage to their reputation.
Regulatory requirements also mandate safe handling of hazardous chemicals, proper facility classification, and worker training. Extraction facilities must comply with applicable OSHA standards, NFPA codes, and local fire and building regulations. Documenting safety procedures, training employees on hazard communication, and maintaining inspection records are essential to demonstrating compliance and reducing liability.
Building a Culture of Safety: Your Most Effective Control Measure
The most effective way to manage chemical safety risks isn’t just installing better equipment — it’s building a culture of safety from the ground up.
- Leadership sets the tone. When management prioritizes safety and fosters open communication, it empowers employees to identify and address hazards proactively.
- Training is non-negotiable. Comprehensive education on chemical handling, hazard recognition, emergency response, and PPE use helps prevent accidents before they occur.
- Feedback loops matter. Encouraging workers to report unsafe conditions and propose improvements builds continuous improvement into your safety culture.
Pair these efforts with regular safety audits, detailed documentation, and third-party assessments to verify compliance and maintain operational excellence. As extraction methods evolve, so must your safety protocols — agility and continuous learning are key.
Best Practices for Safer Extraction Operations
To translate safety principles into day-to-day practice, cannabis processors should implement the following occupational safety best practices:
- Use Certified Closed-Loop Systems: Ensure hydrocarbon extraction systems meet UL 1389 or equivalent standards and are approved for use by local authorities.
- Install Continuous Gas Detection: Real-time monitoring for flammable gases significantly reduces ignition risk and improves emergency response capabilities.
- Ventilation and Explosion Protection: Adequate airflow, proper exhaust systems, and classified electrical equipment are essential where flammable vapors may accumulate.
- Implement a Permit-to-Work System: Formalize procedures for hot work, maintenance, and system modifications to prevent accidents and ensure safe operations.
- Align With Emerging Standards: Stay informed about evolving codes such as NFPA 420, which addresses fire protection in cannabis processing facilities.
By embedding these practices into daily operations, businesses not only reduce risk but also demonstrate their commitment to worker safety and regulatory excellence.
Looking Ahead: Safer, Smarter, and More Sustainable Operations
The future of cannabis extraction is rooted in innovation, safety, and sustainability. Companies are increasingly adopting technologies that enhance occupational safety — from automation and remote monitoring to advanced solvent recovery and control systems. These advancements not only reduce worker exposure and risk but also improve operational efficiency and reduce downtime.
Evolving standards such as NFPA 420 (Fire Protection of Cannabis Facilities) and UL 1389 (Plant Oil Extraction Equipment) will continue to shape how extraction facilities design and operate their processes. Staying ahead of these developments helps businesses avoid compliance gaps and positions them for success as the regulatory landscape matures.
Ultimately, chemical safety in cannabis extraction isn’t just a regulatory obligation — it’s a strategic advantage. Companies that prioritize worker protection and compliance safeguard their teams, strengthen their operations, and position themselves as leaders in a rapidly evolving industry.
Partnering for Safer, Compliant Extraction Operations
Navigating chemical safety in cannabis extraction can be complex — but you don’t have to do it alone. If your organization is developing or refining extraction processes, Rubicon EHS can help you design and implement robust occupational safety programs tailored to your facility and regulatory environment.
Contact Rubicon EHS to learn how we can support your efforts to build a safer, more compliant, and more resilient extraction operation.
Innovation in CBD Gummies: Vegan, Custom-Dose, Functional Blends
A few years ago, picking a CBD gummy was simple—grab the fruitiest one on the shelf and hope it worked. But as users got smarter, so did the products. People started asking, What’s actually in this? How much CBD do I really need? And can it do more than just help me relax?
That curiosity is driving a quiet revolution in the CBD gummy world. We’re seeing cleaner formulas, precise dosing, and wellness stacks that combine CBD with adaptogens, minor cannabinoids, and smarter absorption tech. It’s no longer about just having a gummy—it’s about choosing one that fits how you live and what your body needs.
Let’s walk through the innovations behind this new generation of CBD gummies—and what they mean for both consumers and the cannabis industry.
A New Generation of CBD Gummies Is Emerging
CBD gummies aren’t just sweet treats with mystery ingredients anymore. Today’s users want more: cleaner labels, reliable effects, and benefits tailored to real-life needs.
That’s pushing real innovation. Brands are rethinking how they source, formulate, and deliver their products. The result? CBD gummies that are vegan, gluten-free, organically grown, and third-party tested; not as extras, but as standard features.
Even more, there’s a shift toward purpose-built edibles. It’s not just about how many milligrams you’re taking, but why. What’s the function? What’s the goal?
This new wave is reshaping consumer expectations and raising the bar for the cannabis industry.
Vegan Formulations Are Now the Standard, Not the Exception
It wasn’t long ago that buying CBD gummies meant flipping the label, spotting gelatin, and walking away. For vegans, or anyone avoiding animal byproducts, options were slim and rarely satisfying.
That’s no longer the case.
Today, vegan CBD gummies are the default in many product lines. Brands are using fruit-based pectin, skipping artificial dyes, and sweetening with natural alternatives. Not because it’s a trend—but because consumers asked for better.
This shift isn’t about niche appeal anymore. It’s about making CBD accessible, no matter your diet or lifestyle.
The shift has also pushed the industry toward cleaner, more thoughtful ingredient lists. Now, when you pick up a pack of CBD gummies, there’s a good chance it checks off more than just the “plant-based” box.
And honestly, that’s a good sign—not just for consumers, but for the industry as a whole.
Custom-Dose Options Are Giving Users More Control
Not everyone needs the same amount of CBD and the industry has finally caught up to that.
For a long time, most CBD gummies came in standard doses: 10mg, maybe 25mg. But now, brands are offering more precise options. Some start as low as 2.5mg for those who are new or simply want a light effect. Others go up to 50mg or more for users with higher needs—like pain, sleep, or deeper relaxation.
This shift gives people the ability to adjust based on the day. Need less during the workweek? Take a lower dose. Want stronger support after a tough workout? Take a little more.
A few products even include multiple strengths in the same pack, so users can experiment and find what actually works for them—instead of guessing.
These changes aren’t just about convenience. They reflect a deeper shift: treating CBD like a personal routine, not a generic solution.
Functional Blends: CBD + Botanicals + Minor Cannabinoids
CBD alone is no longer the full story—and honestly, it never was. Today’s top gummies are combining CBD with other natural compounds to create formulas with a purpose.
Think CBD + CBN for sleep. CBD + ashwagandha for stress. CBD + turmeric for inflammation. These aren’t just feel-good combos—they’re targeted blends built on research-backed synergies.
Minor cannabinoids like CBG, CBN, and CBC are showing up more often too. They’re not just filler; each has unique effects that can support mood, focus, or physical recovery in ways CBD can’t do alone.
Add in functional botanicals—like chamomile, valerian root, or even green tea extract—and the result is a more customized experience, without synthetic ingredients or guesswork.
This is where the industry is headed: precision over general wellness, and formulas designed to actually support how you live, work, and recover.
What This Innovation Means for the Cannabis Industry
All these shifts, vegan formulas, custom dosing, and functional blends aren’t just consumer wins. They’re setting new benchmarks for the entire cannabis market.
It’s no longer enough to offer a basic CBD gummy. Brands are now expected to deliver transparency, purpose-driven formulations, and real results.
This demand is pushing manufacturers to invest in better extraction methods, smarter delivery systems, and more precise R&D. It’s also opening doors for cross-industry partnerships with wellness, nutrition, and even pharmaceutical sectors.
In short? The bar is higher and that’s a good thing.
Conclusion
CBD gummies aren’t what they used to be, and that’s a good thing.
What started as a simple chewable has grown into a category full of thoughtful design: plant-based formulas, precise dosing, and blends that actually serve a purpose. It’s less about jumping on trends and more about meeting people where they are: whether they’re managing stress, supporting sleep, or just looking for something clean and consistent.
This shift tells us a lot about where cannabis is headed. It’s growing up. And the more the products evolve, the more trust they earn.
How to Tell If Your THC Gummies Are Premium Quality
Some THC gummies just hit better. No weird aftertaste, no sudden crash, and definitely no guessing if it’s working. You take one, and it feels… right.
Then there are the others. The ones that feel off from the start—too sweet, too melty, too all-over-the-place with the effects.
The difference usually isn’t about the dose. It’s about the details: what’s in them, how they’re made, and how transparent the brand is about it.
Because once you know what to look for, spotting premium-quality THC gummies gets a whole lot easier.
Look Beyond the Buzzwords: Ingredients Tell the Real Story
Labels can look impressive at first glance. Words like “organic,” “vegan,” or “all-natural” show up everywhere—but they don’t always mean the product is clean or high quality. You have to go deeper.
Here’s what actually matters when checking the ingredient list:
- Pectin instead of gelatin: Pectin is fruit-based, vegan, and easier to digest. It also holds up better in heat. Most well-made gummies now use this instead of animal gelatin.
- No artificial dyes or sweeteners: Bright colors and syrupy flavors might seem fun, but premium gummies skip the junk. Look for natural colors and sweeteners like cane sugar or tapioca syrup.
- Infused—not sprayed: Sprayed gummies are often inconsistent. Infused ones mix the THC evenly throughout the batch, so you’re more likely to get a balanced effect every time.
- Clear breakdown of cannabinoids: The label should tell you exactly what’s inside: how many milligrams of THC, and whether any minor cannabinoids like CBG or CBC are included. “Full-spectrum” means nothing if it’s not explained.
At the end of the day, a solid ingredient list isn’t just about what’s in your gummy—it’s also about what’s not.
Third-Party Lab Testing Is Non-Negotiable
You know what’s more important than how a gummy tastes or even how it hits? What’s actually in it. That’s where lab testing comes in.
And no, not just a label that says “lab-tested.” We’re talking about real, third-party results—posted clearly, not buried somewhere you’ll never find. Because if you’re putting something into your body, you deserve to know exactly what it is.
A proper lab report should show:
- Exact THC levels, so you’re not guessing at the dose
- A clean pass on pesticides, heavy metals, and mold
- A full cannabinoid breakdown, not just THC—because minor cannabinoids matter too
Some brands get this right. They make it easy to scan a QR code and pull up all the data—batch by batch. You’ll find that the most trustworthy THC gummies come from companies that want you to read the fine print. That kind of openness? It’s not marketing—it’s confidence.
Dosing That’s Consistent and Actually Makes Sense
One of the most frustrating things about THC gummies? When one knocks you sideways and the next barely makes a dent.
That kind of unpredictability doesn’t just mess with your experience—it’s a red flag.
With premium products, you should know exactly what you’re getting in every bite. No surprises, no guesswork.
Here’s what that looks like:
- Clearly labeled milligrams per gummy – Not just “25mg per pack,” but broken down per piece.
- Batch consistency – Each batch should deliver the same potency as the last. This usually comes down to good extraction methods and proper infusion—not spraying distillate on the surface.
- Dosing that aligns with real-world effects – 10mg should feel like 10mg. If it doesn’t, something’s off with either the blend or the quality.
- Microdosing options – Reputable brands often offer low-dose gummies too (2.5mg–5mg), so you’re not forced into a higher high than you want.
Consistency isn’t just about effects—it’s about trust. When the dose makes sense and stays steady, you can actually plan your experience.
Packaging Isn’t Just Aesthetic: It Actually Matters
Most people have, at some point, picked THC gummies just because the jar looked cool. But if that’s all the packaging offers, it’s not doing its job.
With THC gummies, packaging isn’t just about shelf appeal — it’s what keeps the product safe and effective until the last piece.
Here’s what to pay attention to:
- Opaque containers → Sunlight messes with potency. If light can get in, the gummies might not stay as strong as they should.
- A tight, resealable lid → Air dries them out. Moisture can make them sticky or worse, moldy.
- Child-proof design → If it pops open too easily, that’s a problem. Safety should never be optional.
- Real info on the label → Not just branding fluff. Dosage, batch number, expiry date, and place of origin should be printed clearly.
Good packaging shows the brand cares after the product is in your hands — not just when it’s on a shelf or screen.
Conclusion
With THC gummies, quality isn’t just about how they taste or how strong they feel—it’s in the details. The ingredients, the testing, the dose, even the jar it comes in… all of it matters. Once you know what to look for, you start to spot the difference fast. And honestly, if you’re going to put something in your body, it’s worth knowing it’s made right.
Committee Blog: The Digital Dollar Dilemma – How a U.S. CBDC Could Reshape Cannabis Banking
Published by NCIA’s Banking & Financial Services Committee (BFSC)
Executive Summary
A potential U.S. Central Bank Digital Currency (CBDC) represents one of the most disruptive technologies on the horizon for the financial world, with profound implications for the cannabis industry. While a “digital dollar” could theoretically solve the industry’s payment rail issues overnight, it also introduces significant threats related to privacy, data security, and direct federal oversight, creating a high-stakes dilemma for cannabis businesses and the institutions that bank them. However, recent developments have fundamentally altered this landscape, particularly the January 2025 Executive Order 14178 halting U.S. CBDC development and ongoing progress with cannabis banking legislation.
Current State Analysis
The conversation around a U.S. CBDC has evolved dramatically from academic theory to active research, most notably through the Federal Reserve’s collaboration with MIT on “Project Hamilton,” which completed its Phase 1 research in February 2022. However, in January 2025, President Trump issued Executive Order 14178, explicitly prohibiting federal agencies from “undertaking any action to establish, issue, or promote a CBDC” and revoking previous digital asset policies. This makes the United States the only major economy to halt CBDC development through executive action. Despite this policy shift, understanding the potential impacts of CBDCs remains relevant, as policy positions can change with administrations, and other countries continue rapid CBDC development that could influence global financial systems. For the cannabis industry, banking challenges persist despite the executive order. The core issue remains the industry’s reliance on private-sector workarounds. Fintechs and banks have invested heavily in BSA/AML programs to manage the risks of handling cash deposits.
Legislative Developments
Simultaneously, significant progress has occurred with cannabis banking legislation. The SAFE Banking Act evolved into the SAFER Banking Act (S.2860), which passed the Senate Banking Committee with a bipartisan 14-9 vote and awaits a Senate floor vote. This legislation would provide safe harbor protections to financial institutions serving state-legal cannabis businesses, potentially resolving many banking challenges independent of any CBDC considerations. Additionally, cannabis rescheduling efforts at the federal level could fundamentally alter banking access. While rescheduling alone wouldn’t resolve all banking issues, it would reduce regulatory burden and risk perception for financial institutions considering cannabis banking services.
Regulatory Landscape
The introduction of a CBDC, if policy were to reverse, would create a direct and unavoidable conflict with the Controlled Substances Act (CSA). Every transaction involving a CBDC would be recorded on a central ledger managed by the Federal Reserve, raising critical policy questions about privacy versus surveillance. The Federal Reserve’s previous white papers presented various models, from anonymous, token-based systems (similar to cash) to account-based systems that would link every transaction to a verified identity. If the U.S. were to adopt an identity-based CBDC in the future, the federal government would have a real- time, unalterable record of every dollar spent at every state-licensed dispensary in the country.
Alternative Pathways
With CBDC development currently halted, the cannabis industry must focus on alternative pathways to banking normalization:
1. Legislative Solutions: Continued advocacy for the SAFER Banking Act and similar legislation that would enable traditional banking services.
2. Existing Compliance Frameworks: Further investment in robust compliance programs under current FinCEN guidance, which remains relevant despite policy shifts.
3. Private Sector Innovation: Development of alternative payment solutions that can operate within current regulatory frameworks.
4. State-Level Banking Solutions: Some states are exploring state-chartered banking options specifically for cannabis businesses.
Key Takeaways
• The January 2025 Executive Order significantly altered the U.S. CBDC landscape but hasn’t resolved cannabis banking challenges
• The SAFER Banking Act represents the most immediate potential solution for cannabis banking issues
• Banks should continue investing in current compliance technologies rather than waiting for CBDC or legislative solutions
• The cannabis industry must actively engage with multiple parallel policy debates that impact banking access
• Privacy concerns remain central to any digital payment solution for the cannabis industry, whether government or privately issued
• Cannabis rescheduling efforts represent another potential pathway to improved banking access independent of payment technology development
Member Blog: The Science Behind Flash Frozen Curing™ – A Leap Forward in Cannabis Post-Harvest Processing
Cannabis cultivation has seen dramatic advances in genetics, lighting, and environmental controls—but post-harvest processing remains stuck in the past. Traditional drying and curing methods, often involving hang-drying in climate-controlled rooms for 10–21 days, are not only time- and labor-intensive but prone to microbial contamination, terpene degradation, and batch inconsistency.
Enter Flash Frozen Curing™, a patented process that leverages cryogenic freezing and lyophilization (freeze-drying) to create a new category of cannabis: one that preserves the biochemical integrity of the plant while increasing efficiency, safety, and shelf life.
Let’s break it down.

What Is Flash Frozen Curing?
Flash Frozen Curing™ is a two-step post-harvest process:
- Flash Freezing: Fresh cannabis flower is harvested and rapidly frozen at ultra-low temperatures (typically below -40°C) within hours of cutting. This halts enzymatic activity, prevents microbial growth, and locks in volatile compounds—especially terpenes and flavonoids.
- Lyophilization (Freeze-Drying): The frozen flower is then subjected to a vacuum environment where the frozen water content is sublimated—converted directly from ice to vapor—without passing through a liquid phase. This step preserves the flower’s cellular structure and avoids the thermal degradation associated with traditional drying.
Why It Works: The Science
Traditional hang-drying relies on evaporative moisture loss in warm, humid conditions. This inevitably results in:
- Loss of monoterpenes, which are highly volatile and begin to evaporate above 20°C
- Uneven drying, leading to over-drying or retained moisture pockets
- Oxidation of cannabinoids, particularly THCA and terpenes, due to prolonged exposure to oxygen and light
- Risk of mold or microbial contamination, especially if drying parameters aren’t tightly controlled
By contrast, Flash Frozen Curing avoids all of these:
- Cryogenic freezing arrests biological and enzymatic decay instantly
- Sublimation under vacuum removes moisture without applying heat, preserving the plant’s phytochemical profile
- Minimized oxygen exposure reduces oxidation and degradation
- Sterile environment reduces microbial risks without the need for irradiation or antimicrobial treatment

The Result: A New Category of Cannabis
Flash Frozen Cured™ flower isn’t just better preserved—it’s visibly, chemically, and experientially different:
- Volumetric Expansion: Freeze-dried flower retains its structure and expands, often appearing 1.5x to 2x the volume of hang-dried flower of the same weight
- Enhanced Aroma and Flavor: High terpene retention leads to a more vibrant sensory experience
- Ultra-Smooth Smoke: With chlorophyll and other harsh compounds minimized, combustion is cleaner and gentler
- Extended Shelf Stability: Properly stored Flash Frozen Cured flower maintains freshness, aroma, and potency for months longer than traditionally cured flower
- Consistent Output: Automated processes enable repeatable results, batch after batch

Who Developed This?
Flash Frozen Curing was developed by CannaGenesis, founded in Bellingham WA in 2015; a company focused on advanced post-harvest cannabis technologies. CannaGenesis remains the only licensed provider of commercial-scale Flash Frozen Curing in the United States.
The company’s consumer-facing product line, SpaceWeed™, uses the method exclusively and has drawn attention for its unique texture, smoother smoke, and preservation of plant characteristics.

Industry Impact
For cultivators and processors, Flash Frozen Curing offers:
- Significantly shorter curing times (24–48 hours vs. 2–3 weeks)
- Reduced microbial risk
- Enhanced product differentiation
- Improved margins through reduced shrinkage and volume retention
For consumers, the method preserves more of the original plant qualities—delivering a fresher, smoother experience.
Learn More
Explore the product at www.SpaceWeedTHCA.com.
For licensing, contact or partnership inquiries, visit www.CannaGenesis.com or info@cannagenesis.com
Member Blog: Why Cannabis Retailers Ought to Focus on Customer Insights to Increase Revenue
Why Customer Insights?
Retailers in any industry, especially cannabis, are finding it harder to retain customers and grow their business due to the highly competitive nature of consumer packaged goods coupled with slim margins.
Consumers are inundated with choices, and most cannabis retailers likely carry similar inventory with similar discounting strategies. This makes it difficult for the consumer to choose where to spend their money. What if the consumer didn’t have to decide? What if they only thought of one or two go-to retailers that met all of their needs and more?
Focusing on customer insights is where the opportunity lies for cannabis retailers to increase revenue and gain a competitive advantage. Analyzing what customers purchase and what customers say about their experience, then taking revenue generating decisions based on the analysis, can help cannabis retailers stand out.
How To Get Started
When I was at Walmart eCommerce, I learned so much about the world of online and in-person retail from a Goliath in the industry. We tracked almost everything from average order value, units per dollar, and average selling price to paid web traffic, product page health, and more.
Not all retailers have the luxury of nationwide warehouses / stores and the ability to maintain the long tail of products, let alone house a global data science team. So let’s cut out the noise and get started with a few key metrics that will help us identify customer groupings:
- Cart size
- Cart mix (what products are purchased together)
- Repeat orders
- Product type
Groups of customers will begin to emerge such as: the customers who always purchase similar products every two weeks or the customers who only purchase one product type. You may notice certain products are purchased together more often than not across certain groups. Many pieces of information will come to the surface when paying closer attention to a few key metrics.
What To Do Next
Now that there’s a better understanding of what purchasing habits your customer has, we can layer in additional pieces of information to fortify the analysis. Customer feedback data such as written reviews on the retailer or numeric ratings on products is a great source of information cannabis retailers can use to directly address customer needs and increase customer sentiment.
If a cannabis retailer currently does not have access to customer feedback data, there are several feedback collection mechanisms that can be established such as email surveys, webpage pop-ups, and more.
Retailers should also review generalized data on lifestyle habits, cannabis education / comfort level, and communication preferences based on the customer groups identified.
Revenue Generating Actions
After analyzing customer purchase habits and feedback, you’ll end up with a list of fruitful insights. It’s time to take revenue generating actions that can help your business grow. Here are a few next steps that will be informed by the analysis:
- Optimize inventory
- Provide tailored product suggestions
- Modify marketing communications
- Create loyalty or subscription programs
- Host in-person or virtual customer experiences
The examples above are decisions your business can take to increase customer sentiment and revenue, and position your business as the go-to cannabis retailer for consumers.
The analysis and planning process can take anywhere from one month to three months. It’s very important to track the benefits received from any revenue generating actions implemented – to see if you should stay the course or pivot to another decision. Remember that data is the best asset to validate (or invalidate) decision making!
Conclusion
To conclude, cannabis retailers ought to focus on customer insights to increase revenue and gain a competitive advantage. Attending to what your customers need serves as a channel to build a strong relationship with your customers, who inadvertently will champion your products / services and help your business grow. Building lifelong customers is the goal, and that is very possible with the right attention to customer insights.
If you’d like to brainstorm further on how to grow your cannabis retail business, feel free to schedule a complimentary 1hr consultation call with me via this sign-up form.
Committee Blog: Benefits of Temporary Labor in Cultivation
One key area where compliance and operational efficiency intersect is deciding how to fill hiring needs, especially when dealing with the cultivation cycles and the fluctuating needs for extra hands around the garden. While most operators understand the value of training and retaining full-time staff, keeping staff off-cycle can be costly. Bridging the labor gap with on-demand temporary workers is common in agriculture, including cannabis. Trimmers and harvesters, also known as farm workers, are a vital part of any cultivation operation, but due diligence of temporary staffing agencies is critical.
What Is An FLC?
A Farm Labor Contractor (FLC) license isn’t something new; it has existed for decades, but may still be relatively unfamiliar within the emerging cannabis industry.
This specialized federal license is required for:
Any individual or business entity that, for a fee, engages in recruiting, soliciting, hiring, employing, or furnishing agricultural workers as part of farm labor contracting activities (U.S. Department of Labor, n.d.).
Basically, if you bring a team of workers to help harvest or trim, but they are not full time employees, a federal FLC license, and possibly a state license, is required. The FLC licensing process, similar to cannabis licensing, is pretty rigorous, and only individuals who meet all of the requirements can obtain the license.
Eligibility Requirements for an FLC License
To become a licensed Farm Labor Contractor (FLC) under the U.S. Department of Labor (DOL) and comply with the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), applicants must meet the following criteria:
- Age: Must be at least 18 years old.
- Background Check: Fingerprints and Pass a federal background check to ensure no convictions for crimes of moral turpitude (e.g., fraud, dishonesty) or violations of labor laws, including MSPA provisions.
- Exam: Pass an MSPA exam that tests knowledge of federal labor laws, worker protections, and contractor responsibilities.
- Insurance Requirements:Provide proof of workers’ compensation insurance and unemployment insurance.
- Documentation: Valid photo ID and driver’s license, submit work agreements, recruitment materials, and housing disclosures (if applicable).
- Fees: Pay the required licensing fees and annual renewal. FLC licenses must be renewed every year, and any updates (e.g., operational changes) must be reported to the DOL.
In addition to federal registration, some states have their own process for licensing or registration before any contractor can begin staffing. For example, California requires FLCs to pass an exam by proxy, complete 9 hours of Labor Law education, attest to never having sexual harassment claims, and pay additional fees to obtain a separate license through the California Department of Industrial Relations. States like Florida and Oregon also have their own registration, fee, and compliance requirements.
Why This Vetting Process Matters
The licensing process for FLCs is rigorous to protect the rights of agricultural workers. It ensures:
- Only individuals with a clean legal and ethical history are licensed.
- Contractors are knowledgeable about federal and state labor laws.
- Businesses working with FLCs can trust that they are compliant with regulations, reducing risks of penalties, lawsuits, or worker exploitation.
By requiring extensive documentation, passing an exam, and undergoing a thorough background check, the DOL ensures that FLCs are highly vetted professionals capable of operating responsibly and legally. Compliance is such an important part of any cannabis operation and this vetting process offers peace of mind when choosing to staff through an FLC instead of hiring full time employees.
Common Operator Missteps
Operators must exercise caution when choosing any one of the hiring options, especially when classifying and paying wages to workers or contractors. Not complying can lead to significant penalties.
Wage Claims
In today’s landscape, previous practices such as paying trimmers “by the pound” could result in wage and hour claims. Even if cultivators pay piece rate, they are still required to meet minimum wage. Operators must comply with the laws regarding hourly pay, overtime, rest, and recovery periods.
Misclassifications
Classifying an employee as a 1099 independent contractor is a common mistake. According to the Department of Labor (DOL), penalties can be up to $25,000 per violation, as well as payment of back wages, unpaid overtime, rest breaks, and meal periods that the employee would have received (U.S. Department of Labor, n.d.).
As of the latest available data, New York and California are among the states with the highest numbers of misclassified workers in the U.S. In New York, approximately 873,000 workers in major low-paying industries are misclassified as independent contractors, representing about 10% of the state’s total workforce (Center for New York City Affairs, 2023).
In California, the Employment Development Department (EDD) identified approximately 158,000 misclassified workers through audits and inspections in 2022 (California Employment Development Department, 2022).
Sham Labor Unions
Another poor practice identified in the cannabis industry is that some operators have been accused of creating their own, or engaging with non-legitimate labor organizations to fulfill Labor Peace Agreement (LPA) requirements, potentially to avoid genuine union negotiations (MJBIZDaily, 2024). Several states – California, New York, New Jersey, Virginia, Connecticut, and Oregon require cannabis businesses that
exceed a specific headcount threshold to enter into LPAs as a condition for obtaining or renewing their licenses. Attempting to circumvent the LPA requirements can jeopardize the risk of losing licensing.
Utilizing a temporary labor contractor can effectively mitigate the risks of overspending on payroll, employee misclassification, and costly LPAs. By relying on the trained staff provided by an FLC, operators can achieve substantial cost savings, as the FLC typically assumes responsibility for overhead costs related to hiring, training, payroll, taxes, and insurance.
Benefits & Risks of Using Labor Contractors
- Cost-Saving Benefit: Outsourcing labor management to a contractor frees up time and resources that can be reinvested into growing your business. Using a licensed farm labor contractor comes with predictable labor costs, potential for process experts, and reduced risk related to non-compliance.
- Streamlined Operations: Managing labor in-house can be time-consuming. FLCs handle the hiring process, manage payroll, and ensure all workers have the proper training and documentation so you can focus on core business operations—cultivating and selling high-quality products.
- Risks of Using Unregistered Seasonal Labor. The long-term financial consequences of using unlicensed labor far outweigh any short-term savings. The MSPA explicitly recognizes joint employment, especially when operators use FLCs.
The farm and the FLC can be jointly responsible for unpaid wages, labor law violations, and noncompliance with worker protections. Even if the FLC is registered, the farm must ensure compliance with face liability and potential costly litigation.
- Risk of Penalties: State labor boards and cannabis regulatory bodies actively audit and investigate businesses for compliance violations. Penalties for providing unlicensed labor can quickly drain resources. Cannabis operators are particularly vulnerable to the penalty of having their licenses revoked or suspended for non-compliance.
Finding an FLC or Checking A License Status
It’s important to complete your due diligence when choosing a labor contractor. Things you should do:
- Ask for Proof of Registration: A reputable FLC will not hesitate to provide proof and furnish their Orange & Blue Federal registration cards. If they refuse, that’s a red flag!
- Database Check. The federal database (and your states) have easy tools to check active or revoked status. U.S. Department of Labor FLC Registration Search:
- Check your state licensing requirements. Most states’ Labor Departments maintain a publicly available database of licensed FLCs.
- Contact local Farm Labor Contractor associations in your state for reputable referrals.
In the fast-growing cannabis industry, using a licensed farm labor contractor can save you money, protect your business from legal risks, and streamline operations. By verifying a staffing agency’s licensing status and working with professionals who prioritize compliance, you can set your cannabis operation up for sustainable, long-term success.
Want to learn more? Then don’t miss the upcoming webinar “Committee Insights: The Grower’s Guide to Contract Labor, Compliance, and Cultivation Workforce Safety”. Arabella will be joined by other members of NCIA’s Cultivation Committee to unpack the legal, financial, and operational considerations around FLCs and share strategies to protect your team and bottom line. Register online here.

Member Blog: INSIGHTS Matter – The Value of NCIA Lobby Days
This spring, Cannabis NewsHub partnered with the National Cannabis Industry Association (NCIA) to spotlight the voices of cannabis industry leaders in a special series: INSIGHTS Matter – The Value of NCIA Lobby Days. The goal? To explore why attending NCIA Lobby Days is not just important—but impactful for businesses, professionals, and the future of our industry.
Launched in tandem with NCIA’s April 3rd webinar, Committee Insights: The Value of NCIA Cannabis Industry Lobby Days, this campaign asked a simple question:
What are your insights on the value of attending NCIA Lobby Days?
The response was clear—and overwhelming. More than 15 NCIA members, including NCIA Co-Founder & CEO Aaron Smith and Chairman Adam Rosenberg, shared their perspectives on the importance of showing up, speaking out, and being part of the solution. These reflections—ranging from CEOs and researchers to dispensary operators, medical advocates, marketing professionals, and policy experts—paint a vivid picture of how direct advocacy shapes cannabis policy in real time.
“NCIA’s Lobby Days are a powerful example of advocacy in action, where members directly engage with lawmakers to drive meaningful change. Over the past decade, I’ve witnessed how these events not only influence policy but also empower participants to actively contribute to shaping the future of our industry.”
— Aaron Smith, CEO & Co-Founder, NCIA
“NCIA Lobby Days brings value to its members by driving policy change that reduces barriers to doing business, from tax reform to banking access.”
— Adam Rosenberg, Chairman, NCIA
These testimonials—and more—were amplified across Cannabis NewsHub’s social media platforms and website, reinforcing the collective strength of our member-led movement. Read all the posts here.
Why This Matters: A Look Back at Lobby Days 2025
This year’s campaign coincided with NCIA’s 13th Annual Cannabis Industry Lobby Days and the inaugural National Stakeholder Summit in Washington, D.C. Over the course of 36 hours, NCIA members completed more than 100 meetings on Capitol Hill, directly educating lawmakers and staff on the most pressing issues facing cannabis operators today.
From advocating for long-overdue policy reforms—like the SAFE Banking Act, STATES 2.0, and Section 280E relief—to meeting with key congressional committees, NCIA members helped shape the narrative and build momentum for meaningful change.
The event kicked off with the National Stakeholder Summit, which provided attendees with policy briefings, best practices, and strategies for staying engaged after the meetings end. The summit also served as a bridge for non-members to get involved and witness the value of NCIA membership firsthand.
These efforts are already making an impact. In the weeks following the event, several members of Congress who met with NCIA participants have signed on as co-sponsors to priority legislation.
Your Business. Your Voice. Your NCIA.
Joining NCIA isn’t just about access to events or updates. It’s about being part of something bigger—a movement to ensure that cannabis businesses like yours have a seat at the table and a say in the laws that shape our future. Whether you’re advocating for fair banking, equitable taxation, or consistent federal regulations, NCIA equips you with the tools, training, and platform to be heard.
And when we show up—we move the needle.
Thanks to all the members and partners who contributed to the INSIGHTS Matter campaign and helped shine a spotlight on the critical importance of our shared advocacy efforts. We’re grateful for your voices, your time, and your commitment to driving this industry forward.
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Committee Insights: What You Need to Know About Cannabis vs. Hemp-Derived Beverages
Reviewed by NCIA’s Risk Management & Insurance Committee
Disclaimer: This blog post provides general information and should not be considered medical advice.
Introduction
This blog post explores the differences between THC-infused beverages and those derived from hemp.
- Beverage Composition
- THC-Infused Beverages: These beverages typically contain delta-9- tetrahydrocannabinol (THC), the primary psychoactive compound in cannabis. THC levels in these products can vary significantly depending on the source and manufacturing process. Throughout this blog post, we refer to ‘true THC,’ which means the legalized compound described here.
- Hemp-Derived Beverages: These beverages utilize compounds derived from hemp, a variety of Cannabis sativa with a THC concentration of 0.3% or less by dry weight. Common hemp-derived compounds may include:
- Cannabidiol (CBD): Non-psychoactive, known for potential therapeutic benefits.
- Delta-8 THC: A minor cannabinoid with milder psychoactive effects than delta-9 THC. The Delta-8 THC compound may be modified to artificially create a psychoactive effect like true THC.
- Terpenes: Aromatic compounds found in both hemp and cannabis, contributing to flavor and potential entourage effects.
- Additional chemicals to modify the compound: Discussed in more detail throughout this blog post.
- Effects
- THC-Infused Beverages:
- Produce psychoactive effects, including euphoria, relaxation, altered perception, and potential cognitive impairment.
- Effects can vary depending on individual factors, dosage, and consumption method.
- Hemp-Derived Beverages:
- CBD: May offer potential benefits for anxiety, pain, and sleep, though research is ongoing. Typically, does not produce psychoactive effects.
- Delta-8 THC: May produce mild euphoria and relaxation, often described as less intense than delta-9 THC.
- Terpenes: May enhance the effects of other cannabinoids and contribute to overall sensory experience.
- Legal Considerations
- THC-Infused Beverages:
- Legal status varies significantly state by state.
- In many places, they are subject to strict regulations regarding production, distribution, and sale.
- May be restricted to medical or recreational use programs.
- Hemp-Derived Beverages:
- Legal on a federal level in the United States due to the 2018 Farm Bill, which legalized hemp and its derivatives.
- Various states and local statutes have banned hemp-derived products, such as Colorado and Vermont.
- Despite these bans, there is minimal levels of active enforcement for these products.
- Consumer Considerations
- THC-Infused Beverages:
- If purchased legally in an approved state, consumer has peace of mind that the product has passed all levels of testing adhered to by the licensed operator.
- Start with low doses to assess individual tolerance.
- Use caution and always consume safely.
- Hemp-Derived Beverages:
- Product may be tested, however there are fewer requirements and control measures in place as in the legal THC-Infused space.
- The Delta-8 THC compound can be manipulated synthetically, with various harmful chemicals, including (but not limited to):
- Heptane
- Hydrochloric acid
- Sulfuric acid
- The byproduct of this chemical process produces a compound similar in effect to true THC.
- While the synthetic process should extract only the Delta-8 THC, independent labs have tested and found trace amounts of harmful acids remain.
- In other cases, labs had not even performed testing.
- Consume any of these products with extreme caution.
- Be mindful of false advertising. Hemp-derived beverages are not true THC products.
- Market Availability
- THC-Infused Beverages:
- May be available in states that have passed medical or recreational THC ordinance.
- Not all legalized states have approved THC-infused beverages.
- No illegal THC state sells THC-infused beverages. Misleading advertisements can confuse the consumer, it is best to be mindful and carefully examine ingredients and makeup of the product.
- Hemp-Derived Beverages:
- Widely available due to the Farm Bill. Consumers may hear the term ‘Farm Bill Loophole,’ and many of the hemp-derived beverages fit this term. o Products can be found for sale online, via the Internet and various Social Media platforms (Instragram, Tik Tok, among others). These advertisements run even in the states that have banned the hemp-derived delta products. o Some of these products are cleverly marketed to appear as true THC. Consumers should read labels carefully and understand applicable state laws.
- Consumer Education Tips
- Checklist for Identifying Legitimate Products
- To ensure safe and informed choices, consumers should evaluate THC and hemp-derived beverages by following these tips:
- Third-Party Lab Testing
- Look for a certificate of analysis (COA) from an independent lab. This document verifies the product’s contents, including THC or CBD levels, and checks for contaminants like pesticides or residual solvents.
- Most reputable manufacturers provide COA directly on their website or by request.
- Clear and Accurate Labeling
- Labels should clearly state the following:
- The type and quantity of cannabinoids (e.g., THC, CBD, Delta-8 THC).
- Serving sizes and dosage recommendations.
- A list of ingredients, especially additives or artificial compounds. b. Avoid products with ambiguous terms like “hemp extract” or “cannabis soda” without further clarification.
- Verified THC Content
- THC-infused products should indicate the amount of Delta-9 THC per serving and per package. Confirm the stated levels comply with local laws if purchasing in a legal state.
- Hemp-derived beverages with Delta-8 or CBD should explicitly state that their THC content is below the 0.3% threshold.
- Transparency from Manufacturers
- Legitimate companies are transparent about their production process, including sourcing and extraction methods. If unclear, reach out to the manufacturer for details.
- Red Flags for False Advertising
- Beware of products marketed as “legal THC” in states where recreational cannabis is prohibited.
- Be cautious of exaggerated claims about health benefits or effects. Hemp and THC products cannot cure diseases or provide guaranteed outcomes.
- Practical Safety Tips
- Start with Small Doses
- THC beverages can have delayed effects compared to smoking or vaping cannabis. Begin with a low dose and wait at least 1-2 hours before consuming more to avoid over-intoxication.
- Check Local Laws
- Always verify the legality of cannabis products in your state or country before purchasing. Laws vary significantly across jurisdictions.
- Store Products Safely
- Keep beverages in a secure location away from children and pets. THC and Delta-8 products can have unintended effects if consumed accidentally.
- Understand Potential Risks
- Be aware that Delta-8 THC, due to its synthetic processing, may carry additional risks compared to naturally derived Delta-9 THC or CBD.
Conclusion
THC-infused beverages and hemp-derived beverages offer distinct experiences and potential benefits. Understanding their differences in composition, effects, and legal status is crucial for consumers to make informed choices. Consumers should be aware of chemically modified hemp-derived beverages widely available and proceed accordingly. Those wishing to consume legal, true THC should be certain to purchase from licensed operations in legalized jurisdictions. If uncertain of the product makeup, it may be beneficial to ask the manufacturer directly. Otherwise, use best judgement: If a consumer in South Carolina orders a beverage advertised as “THC Soda” from Instagram, you may be purchasing a chemically modified byproduct rather than true THC.
Committee Blog: Redefining Sleep Therapy – The Role of Cannabis in Decreasing Dependence on Conventional Sleep Medications
Reviewed by NCIA’s Scientific Advisory Committee
Introduction
Insomnia affects nearly 30% of adults, leading many to rely on medications like benzodiazepines and sleep aids that can cause dependency and cognitive side effects. With growing interest in natural alternatives, cannabis has emerged as a potential option.
Cannabis contains compounds like THC and CBD, that interact with the brain’s endocannabinoid system-specifically CB1 receptors that play a role in regulating sleep and wake cycles. Low doses of THC may help with falling asleep and increasing deep sleep, while higher doses of CBD can reduce anxiety and promote relaxation. Lower THC:CBD ratios are typically recommended for insomnia.
While research is still emerging, real-world data is helping fill the gaps. Management Science Associates recently analyzed how cannabis use affected sleep medication use among patients with insomnia—offering new insights into its potential as a safer, more natural alternative.
Methods
This analysis included 81 adults aged 18 and over, diagnosed with insomnia disorders based on ICD-10 codes, who have purchased cannabis products through medical cannabis dispensaries in Minnesota from 2016 to 2022.
Using MSA’s patented HIPAA compliant de-identification technology, we linked each patient’s electronic health records (EHRs) with medical cannabis dispensary transaction records while protecting patient privacy.
We investigated the trends of cannabis products use in patients with insomnia, according to demographics, and quantified changes in sleep medication use over time, using the Defined Daily Dose (DDD) established by the World Health Organization (WHO) to obtain a ratio that reflects the patient’s daily medication intake in a standard measure. We analyzed the differences in medication use before and after cannabis use, and describe the characteristics of patients who experienced a reduction in sleep medication use.
Results: Cannabis in Correlation with Insomnia
- Demographics: Most insomnia patients participating in our study fall within the middle-aged bracket. Almost 50% of the participants were aged 35-50 years, closely followed by 44.4% within the 51–64-year age group.

- Product preference overall: Over half of the patients with insomnia (51%) preferred cannabis products with a THC ratio of 19:1.

- Most patients with insomnia were using cannabis products in Vape, Tablets and capsule forms.

- Reduction in Sleep Medication use of 27%: The average DDD Ratio of Sleep Medications before cannabis use was 2.38, and after starting using Cannabis it was 1.75. The percentage reduction in DDD ratio from Before to After: 26.7%
- Reductions in Sleep Medication Usage Observed Post-Cannabis Use Across Age GroupsPatients using cannabis experienced notable decreases in sleep medication use, with the most substantial improvements seen in individuals aged 50 and older. Specifically, in those over 65 years old we observed a 60% reduction. Meanwhile, the 51-64 age group showed a 39% reduction, and those aged 35-50 observed a 25% decrease in sleep medication prescriptions. Patients 35-50 years old were using higher doses of Sleep medications than other age groups. Patients over 65 years old exhibited a more pronounced reduction in DDD ratios compared to other age groups, this suggests that older patients might benefit more significantly from cannabis use in terms of reducing their sleep medication intake.

- Reduction by Type of sleep medication: In our analysis, we observed a significant reduction in the use of various sleep medications among patients who began using cannabis, with benzodiazepines showing a particularly notable decrease of approximately 50% of the daily dose. The group of patients that experienced a reduction of sleep medication during cannabis use were mostly using Benzodiazepines, among which the most used were Alprazolam, Lorazepam, Diazepam, and Clonazepam. Benzodiazepines are well-known for their efficacy in treating insomnia but come with risks such as tolerance, dependence, and withdrawal symptoms. The use of benzodiazepines after starting cannabis decreased by 50.17%, highlighting cannabis’s potential as a viable alternative or supplement to traditional sleep medication regimens. The substantial reductions observed here suggest that cannabis might serve as an effective alternative or adjunct therapy, potentially helping to mitigate these risks.

- Reduction by THC:CBD ratio: Although most patients with insomnia in this study were using cannabis products with a ratio of 19:1, the THC:CBD ratios that were most effective to reduce sleep medication use were 4:1, 20:1, and 1:1.

- Milligrams of THC: Cannabis products with higher amount of mg of THC were correlated with higher daily dose of sleep medications. This supports previous literature about the effect of THC on insomnia, where lower contents of THC being most effective to alleviate insomnia are reported.

- Product Form and Reduction of Sleep Medication: Patients who were using cannabis in capsules experienced the most reduction in sleep medication use. Capsules can have a higher bioavailability, meaning more cannabis enters the bloodstream compared to tablets, which could make them more effective. Gummies were most used by patients using high dosages of sleep medications at baseline.

Conclusion
These preliminary findings suggest that cannabis has the potential to reduce the use of traditional sleep medications, particularly among older adults. The preference for specific forms of cannabis in patients using high doses of sleep medications, and the use of capsules in patients who reduced its use, highlight important considerations for patient preferences and adherence. As we continue this research, we aim to further elucidate the mechanisms behind these trends and refine our understanding of how cannabis can be optimized for managing insomnia and sleep disturbances.
Discussion
Our results from this exploratory analysis suggest medical cannabis could reduce the reliance on traditional sleep medications among patients with insomnia. This finding is particularly important given the adverse effects associated with long-term use of conventional sleep aids, such as tolerance, dependence, and cognitive impairment, especially in older adults. The observed reductions in sleep medication use across various age groups underscore the potential of cannabis as an effective alternative to manage insomnia symptoms. Further research is needed to find the significance of these associations among different age cohorts. Notably, the most substantial reductions were seen in patients over 65 years old, indicating that older adults might benefit the most from cannabis therapy in terms of decreasing their sleep medication intake.
The varying impact of different THC:CBD ratios in reducing sleep medication use highlights the importance of personalized medicine. Ratios like 4:1 and 1:1 were particularly effective, suggesting that specific cannabinoid profiles may better address the symptoms of insomnia in certain populations. This aligns with previous research indicating that both THC and CBD play distinct roles in modulating sleep, with THC primarily influencing sleep latency and duration, and CBD offering anxiolytic and sedative effects at higher doses.
Furthermore, the preference for certain cannabis product forms, such as capsules, in patients who reduced sleep medication use, points to the need for considering product bioavailability in treatment plans. The higher bioavailability of capsules compared to other forms like tablets may lead to more effective symptom relief, thereby reducing the need for conventional medications. This aspect of cannabis therapy could be crucial for optimizing treatment outcomes and enhancing patient adherence. These findings support previous studies about the potential of cannabis as a valuable tool in managing insomnia and call for further research to understand the mechanisms underlying these effects.
Next Steps
Longitudinal studies in large and diverse populations are essential to evaluate the long-term safety and effectiveness of cannabis, particularly in terms of dependency, cognitive function, and overall sleep quality. The development of comprehensive clinical guidelines informed by high-quality evidence will be crucial in integrating cannabis into insomnia treatment safely and effectively. By continuing to explore these avenues, we aim to refine our understanding of cannabis’s role in sleep therapy, ultimately providing more tailored treatment options for patients suffering from insomnia.
If you are interested in learning more or getting involved with MSA by being a prominent leader in cannabis research, we’d love to hear from you. Additionally, as a cannabis operator, you’d receive valuable insights into your cannabis business. You can reach out to Madeline Grant at mgrant@msa.com to schedule an introductory call.
Committee Blog: Cybersecurity and the Risks of Technological Failures in Cannabis
Recently, one of the biggest names in cannabis, Metrc, has come under scrutiny following a lawsuit from a former-employee alleging that the nation’s largest seed-to-sale tracking software provider was actively involved in a conspiracy to allow for “illegal interstate” cannabis sales. The former employee, Marcus Estes, who worked as an executive vice president for a year at Metrc, alleged that the company did not identify questionable activity within its data to California state regulators despite having a $40 million annual contract with California requiring that they “flag irregularities.”
Now we won’t dive into every detail associated with this lawsuit specifically, but we did think this is an opportune time to raise awareness about some of the risk cannabis business face when it comes to cybersecurity and what to do when technological procedures with the operations fail.
Seed-to-Sale Compliance
What does make this Metrc story particularly newsworthy is that of all the technological elements associated with a cannabis business, perhaps none are more essential to operational readiness than the seed-to-sale system. For those who may be unaware, seed-to-sale is more often than not a requirement for cannabis licensure and is essential for documenting and tracking cannabis from its plant form to its final product form on a dispensary shelf.
For any reputable cannabis business, having a compliant seed-to-sale system is crucial. But it’s not just about selecting the right vendor for your needs, but continuing to monitor the systems subsequently in place. This is a risk mitigating step that is often overlooked by current operators and can often lead to illicit activities—be it intentionally or unintentionally. From a compliance perspective it’s always recommended to: maintain constant oversight, perform regular check-ins and audits of the systems; and, be an active business when it comes to relations with the seed-to-sale provider while being sure to ask your vendor how they are addressing the most topical issues in the cannabis industry.
Cybersecurity and Hacking
In a poll from MJBiz Daily, 59% of cannabis companies said that they had not taken steps to prevent cyberattacks. Ransomware attacks are a constant in business operations these days, not just with cannabis. Recently companies and business as varied as DaVita, Kuala Lumpur International Airport, and IKEA have gone through the grueling process of dealing with malware attacks. Most notably, these attacks are on the rise with ransomware attacks increasing some years by upwards of 150% and the amount victims of said attacks also rising by more than 300%.
Ultimately, one of the shrewdest and easiest steps a cannabis business can do to better address the risk inherent with hacking and cybersecurity is to address the culture of such and make employees more cognizant of the risk. As observed in another NCIA blog, “Any cultural shift at an organization needs to start from the top, and that includes security. Security culture needs to be driven from the top. Adopting proper policies and procedures to properly safeguard organization networks and personnel is key. This includes regular employee training. As many as 95% of attacks are caused by human error.”
What to Do with Irregularities
There are countless “irregularities” which can occur in the realm of cybersecurity. But what exactly can one do to address those and bolster their own risk management strategies? The first, as mentioned earlier, is to make sure the business has a culture which understands the inherent risks of cybersecurity and technological failures. This involves having robust policies and procedures, training which occurs at the time of hiring new employees and annually, and offering anonymous reporting structures.
Additionally, it’s vital to invest in security hygiene. This includes multi-step authentication, cybersecurity specific trainings and guides to address phishing or smishing, and reviewing best practices with vendors used. And when such security issues arise, what is one to do? When in doubt, raise concerns up the proper channels within your business. Be sure to document the irregularities thoroughly, including with timestamps. If necessary, discuss matters with legal counsel and be sure to notify the necessary state agencies too.
Ultimately, the risks for cybersecurity are high for any business, but are even higher for a business such as one in cannabis which relies on technology for operational compliance and has less vendor options available than other businesses to work with. Finding the best—from vendors to employees to SOPs—is essential for good, smooth, and compliant practices.
Committee Blog: Finance for Cultivators – How to Get Out of the No-Profit Loop
You’re growing great weed, but the money isn’t adding up. Your profits are either inconsistent or worse- non-existent. With so much to manage- from production to inventory to cash flow- it’s hard to track it all. You are not alone.
If you’re stuck in a loop of too little profits, too many bills, and not enough time, our upcoming webinar “Cannabis Cultivation Finance: What You’re Missing For Better Profitability” is a must-attend. We’ll break down the three biggest financial blind spots that trip up cultivators. No overwhelming accounting jargon and numbers, just practical advice you can act on now.
You’ll learn:
- How to calculate your true cost of production, including value-adds like trim and smalls.
- Simple inventory tracking systems so you always know where your products and money are.
- Cash flow tools to smooth out the long turnaround from planting to getting paid, so you don’t get surprised by shortfalls.
You’ll be empowered with the knowledge you need to move from survival mode to strategic growth, even when the government takes its cut.
Your speakers, from NCIA’s Cannabis Cultivation Committee:
- Velvet Kavanagh, a cannabis business consultant with experience in the legacy and legal sectors. With 20+ years of business ownership in emerging and tight-margin sectors, she helps cannabis leaders build profitable, lasting companies.
- Raymond Guns, CPA, a Dope CFO accountant who understands cultivation management and how to simplify complex tracking systems. He talks about money in plain language so you have the financial knowledge to make more confident decisions.
With visual tools, time for q + a, and free resources, this webinar is a must-attend whether you are new to money numbers or a finance wiz looking for cultivation-specific insight.
Don’t let another week go by losing time and money to financial systems that aren’t working for you. It’s time to take control so you can break out of the no-profit loop.
Register for this game-changing free webinar today.
Committee Blog: Banking Guide for Cannabis Industry Veterans
Published by NCIA’s Banking & Financial Services Committee (BFSC)
As a veteran of the cannabis industry, you’re already familiar with the regulatory complexities and operational risks that come with running a legal cannabis business. But even as the industry matures and expands—projected to reach $52 billion by 2026—banking remains one of the most persistent and misunderstood challenges.
Despite being legal in many states, cannabis remains a federally prohibited substance. That means financial institutions must follow federal laws, including the Bank Secrecy Act (BSA), Anti-Money Laundering (AML) protocols, and FinCEN guidance, if they choose to work with cannabis-related businesses. This legal conflict results in higher compliance costs, greater documentation requirements, and fewer financial services available to cannabis operators.
Still, legitimate banking options are becoming more accessible. Businesses that operate transparently and work with proper compliance systems can secure reliable financial partnerships—without resorting to risky workarounds that often lead to frozen funds or account closures.
Understanding the Rules of the Game
Cannabis business owners must understand that banks operate under an entirely different set of rules. Even if your business is licensed and fully compliant at the state level, banks must verify that you also meet federal standards. This includes full documentation of your business structure, licensing, tax status, and ownership—especially for individuals holding 25% or more equity in the company.
Financial institutions also require evidence that you follow local rules, such as zoning approvals and municipal permits. The banking industry takes particular interest in ownership transparency, as previous cannabis operators have attempted to hide beneficial ownership behind shell companies or layered corporate structures. While these tactics may have delayed scrutiny in the past, they are now seen as high-risk and typically result in terminated accounts.
Laying the Groundwork: Due Diligence and Documentation
Before engaging with a financial institution, be prepared to undergo a deep due diligence process. Banks will expect to review your business formation documents, operating agreements, state and local cannabis licenses, tax filings, SOPs for compliance and security, and detailed financial statements. They may also request proof of your inventory tracking system, insurance coverage, and even video footage or plans related to your cash-handling procedures.
The more organized and transparent your records are, the more confident a bank will feel in your business. This includes having an accurate and up-to-date organizational chart, verifying all ownership interests, and providing supporting evidence for your business’s revenue, investments, and cash flow.
Proving Your Controls: AML and Seed-to-Sale Integration
Because cannabis remains a cash-intensive industry, banks are especially concerned about your ability to prevent money laundering. You’ll need to demonstrate that you have systems in place to document and trace every major transaction, identify suspicious activities internally, and track the movement of cash throughout your business. Written policies, transaction logs, and surveillance data are all important tools in meeting these requirements.
An essential part of building banking credibility is aligning your financial statements with your seed-to-sale inventory tracking system. If a bank asks how your product movement matches your reported income, you should be able to demonstrate a direct connection. Inconsistencies raise red flags, while tight integration builds trust.
Financial Discipline and Tax Transparency
Using cannabis-specific accounting software and experienced CPAs is no longer optional—it’s expected. Your records should be clear, professional, and separated from any non-cannabis revenue streams you might have. Maintaining excellent tax compliance is also crucial, particularly around IRS Section 280E, which restricts the deductions cannabis businesses can claim. Banks want to see not only that you’re filing taxes properly, but that you understand and proactively manage your tax obligations.
Relationship Management: Treat Your Bank Like a Partner
Just as you would with a supplier or regulator, maintaining a proactive relationship with your financial institution is key. Assign specific team members to handle banking communications. Keep your bank informed about changes in your business—whether that’s a new owner, a license renewal, or a change in address. Fast, accurate responses to information requests demonstrate your professionalism and commitment to compliance.
By contrast, businesses that open multiple accounts under vague business names, change banks frequently, or misrepresent their activities inevitably find themselves blacklisted. Several operators have lost access to funds or even shut down entirely due to deceptive practices.
Modern Solutions for a Modern Industry
Fortunately, the cannabis banking landscape has evolved. Today, more credit unions and state-chartered banks are stepping forward with programs designed specifically for cannabis operators. These institutions typically charge higher fees to cover the added compliance workload, but they offer transparency and predictability in return.
Additionally, cannabis banking platforms now exist to connect businesses with financial institutions that understand the industry. Some of these platforms also include tools for compliance documentation and reporting. New payment technologies are also emerging that reduce the need for cash handling while still staying within banking regulations.
All of these options represent a shift away from outdated and dangerous practices— such as disguising cannabis income, running funds through unrelated businesses, or relying on holding companies to open accounts.
Yes, It’s More Expensive—But It’s Worth It
Cannabis businesses must accept that they will pay more for banking services. Monthly fees often range from a few hundred to several thousand dollars. These charges cover the cost of suspicious activity report (SAR) filings, KYC verification, and ongoing account monitoring required by federal law.
While expensive, these fees are far less costly than dealing with frozen assets, last minute bank changes, or operating entirely in cash. The predictability and legitimacy that come with compliant banking relationships more than justify the investment.
Understanding SARs and Staying Ahead
Every cannabis-related account triggers SAR filings. Banks file one of three types: a Marijuana Limited SAR for compliant businesses, a Marijuana Priority SAR if the institution suspects a violation of state law, and a Marijuana Termination SAR if the account is shut down for compliance reasons. Trying to avoid SAR filings by obscuring your business type is a red flag and virtually guarantees eventual termination. It’s better to work with institutions that understand these requirements and have built programs to manage them.
Partnering with the Right Providers
You don’t have to navigate all of this alone. Specialized platforms can help manage your documentation and connect you with cannabis-friendly banks. When choosing a provider, confirm they understand both banking and cannabis regulations, check their track record, and make sure they offer strong data protection protocols.
The Payoff: Long-Term Stability and Growth
The benefits of strong compliance go beyond simply keeping your account open. Banks often lower fees over time for trusted partners, and access to services like lending and merchant processing expands as your relationship matures. Businesses with stable banking relationships are better positioned to grow, raise capital, and scale without constant operational disruptions.
Final Thoughts
As a cannabis industry veteran, you already understand regulation. But banking requires a deeper level of documentation, consistency, and strategic communication. Avoid shortcuts. Invest in compliance. Be transparent with your financial partners. While the process may be more rigorous than what other industries face, it’s navigable—and increasingly essential for sustainable growth.
In today’s environment, legitimate banking relationships aren’t just possible—they’re a competitive advantage.
Committee Blog: Mitigating Risk in Your Cannabis Workforce
We in the cannabis industry are all too familiar with working in an industry with high levels of risk. These risk factors can come in a variety of different forms—from federal intervention to banking to security. However, an aspect of risk that’s often overlooked in the cannabis industry is related to one of the most vital aspects of a functional and compliant cannabis operation—the employees.
Here we will look at risk and risk mitigation techniques involved with identifying the right individuals for hiring in this regularly changing industry, employee training, and the best onboarding/ offboarding practices.
Hiring the Right Folks
I’ve worked with clients across over a dozen different cannabis markets and one of the most recurring pieces of insight I get from newer business operators is a desire to work small. The fewer people the better. In many instances I’ve had clients who wish to not hire or pay anyone full-time at their cannabis operation except for themselves.
While this can obviously decrease overhead costs by having a small personnel pool, it’s virtually inconceivable to have a regulated and compliant cannabis operation—be it a cultivator, manufacturer, retailer, or even a microbusiness—without well-trained and well-qualified individuals within the business. No one can do this work on their own, so you will need to hire the right folks for the job.
From a risk mitigation standpoint, having the right processes in place is essential. This involves finding people with industry experience or at least relevant experience to their job duties, running thorough background checks for new hires, and assessing the specific needs of your own business operation from a personnel standpoint. What does this last point mean? Every cannabis operation is unique, and requires different demands of employees. For example, a manufacturer may want to make sure they have individuals comfortable with industrial machinery associated with extraction or have knowledge in packaging and labeling and the state-specific requirements for such. Human error can increase the overall risks of an operation, so it’s critical to find good people for the business.
The Importance of Training
No matter how knowledgeable and experienced an individual may be, they will still need to be trained in a myriad of standard operating procedures, employee handbooks, and other processes. This is critical not just for a cannabis operation in general, but also for the business specific needs for each business’s unique structure.
Training is important not just from an onboarding perspective (more on that later!) but also for recurring purposes such as when regulations and laws change. We have all seen how states decide to update or modify rules and regulations, so it’s important to stay compliant with even the smallest changes that can impact a business. Being out of compliance with even minor updates can result in steep fines or even revocation of a cannabis license.
As a tool for employees, training throughout their time at a business allows them to become more comfortable with operational readiness, improves one’s overall effectiveness with problem solving, and offers employees better resources to report any wrongdoing they may encounter. Well-trained and knowledge employees make for a better managed business and a business that’s taken proactive steps to reduce risks within their workplace environment.
The Most Critical Employee Related Steps
While air travel is safe, the most dangerous times are during takeoff and during landing. In many ways, this is applicable to employees and working in cannabis. When onboarding a new employee, it’s crucial to mitigate risks appropriately. This means, as mentioned previously, making sure the employee in question passes a robust background check. This is more often than not required by states too, but the strictness and the disqualifying factors an individual may vary.
Additionally, when an employee leaves a cannabis business, appropriate offboarding procedures are essential. Diversion is one of the biggest threats which a cannabis operator will face. Luckily, there are steps to mitigate this and the easiest one often relates to employee training and offboarding. Should an employee be identified as having engaged in diversion, offboarding steps—which may include changing SOPs, having a detailed exit interview with said employee, updating keycards or access points for cannabis and cannabis products, and/or increasing physical security personnel on or around a premises—are valuable to have in place.
Offboarding is critical to compliant operations and operations which have taken appropriate steps to reduce risk. Documentation and fair, timely communication through a potentially emotionally charged process can assist with covering one’s legal and financial bases and ensure for a smoother transition between employees working in the same or similar capacities.
Risk with Employees
On the whole, yes there are risks associated with anything and everything human related. This is true beyond just the cannabis space but is particularly unique here given the overall higher level of risks associated with working in this industry. However, every risk can be assessed and mitigated accordingly and this is also true with the people involved. Hire right, train well, and handle crises well and the risks overall can be more adequately addressed.
Member Blog: How Cannabis Insurance Can Safeguard Your Business from Legal Risks
The cannabis industry is growing rapidly, yet with this expansion comes a complex array of legal risks. From compliance with regulations to managing liability claims, cannabis businesses face unique challenges that require specialized insurance solutions. Cannabis insurance provides essential protection, enabling businesses to operate legally and securely while minimizing potential financial hazards.
This article explores how cannabis insurance can safeguard your business from legal risks, outlining vital coverage options and the importance of risk management in this evolving industry.
Understanding Legal Risks in the Cannabis Industry
Businesses in the cannabis industry need to grasp the legal difficulties that affect them. The cannabis business operates under strict regulatory parameters which make businesses exposed to major market challenges stemming from compliance problems and legal complications. Several of the most frequent legal risks encompass:
Breaches of Regulatory Compliance
All cannabis companies must follow every law enacted by the federal government and state authorities, together with regional ordinances. Business operations face severe consequences when any compliance violation occurs, regardless of intention since it leads to potential business shutdowns or heavy fines together with legal action. Insurance coverage helps pay for the legal expenses that arise from compliance cases.
Lawsuits for Product Liability
Users may encounter safety risks when using cannabis products that include edibles and tinctures, and vaporizers. Experiencing negative reactions from customers who believe their product is faulty could trigger expensive legal proceedings for a business. The insurance protects companies in case clients bring product liability claims.
Claims Related to Employment
Possible legal challenges arising from workplace discrimination combined with unfair dismissal and harassment issues affect all industries including cannabis. EPLI provides coverage to pay for legal costs and compensation required in employment claims.
Property and Theft Hazards
The expensive marijuana stock maintained by cannabis companies makes them especially vulnerable to theft incidents. Business disruption can occur because of fire incidents combined with vandalism or natural disasters damaging property. The coverage provided by property insurance enables businesses to recuperate after experiencing such events.
Cybersecurity Risks
Cannabis companies currently use online systems to store sensitive corporate and client information. Businesses which obtain cyber liability insurance gain safeguarding against financial consequences and data breach losses together with hacking incidents.
Key Insurance Policies to Protect from Cannabis Operations
Businesses operating in the cannabis industry must buy specialized insurance plans that protect them against relevant dangers. Several mandatory insurance protection plans exist, which include:
1. General Liability Insurance
General liability insurance helps businesses avoid legal expenses after claims from external entities when these entities suffer property damage or experience customer injuries. Every cannabis business needs this policy for essential protection purposes.
2. Product Liability Insurance
Product liability insurance protects businesses from legal consequences that stem from releasing dangerous defective products onto the market. Additions to legal costs and settlement payments, together with damages awarded during legal cases, fall under the scope of this insurance.
3. Workers’ Compensation Insurance
Through the workplace policy employees can receive medical care together with income benefits when their job injuries occur. The manual nature of cannabis businesses necessitates workers’ compensation insurance due to the high risks of workplace injuries.
4. Property Insurance
The protection given by property insurance provides monetary compensation for physical structures including dispensaries along with warehouses and cultivation buildings. This policy protects organizations by paying for costs arising from fire damage as well as theft events and natural disasters.
5. Employment Practices Liability Insurance (EPLI)
Employment Practices Liability Insurance which you may also know as EPLI, protects cannabis businesses from employment-related lawsuits that might occur when employees face discriminatory action and harassment at work and unfair termination.
Benefits of Cannabis Insurance for Legal Protection
Investing in cannabis insurance provides numerous benefits in addition to financial protection. Here are several important advantages:
1. Ensures Compliance with State Laws
Numerous states mandate that cannabis companies possess certain types of insurance to fulfill their licensing obligations. Possessing appropriate coverage guarantees adherence and avoids licensing problems.
2. Minimizes Financial Losses
A business unprepared with insurance faces financial challenges when trying to afford costs of court procedures and payment of settlements. Insurance alleviates the monetary stress of legal actions and claims.
3. Enhances Business Credibility
Being insured at proper levels represents both professional conduct and responsible management of accountability. A cannabis business protected by proper risk management attracts more customers and investors together with business partners who demonstrate trust in its operations.
4. Protects Business Owners and Employees
Insurance provides legal advocacy along with monetary support when defending against lawsuits to shield both organizations and their personnel against unpredicted legal responsibilities.
5. Reduces Business Interruptions
Unexpected incidents, such as theft or property damage, can disrupt operations. Insurance helps businesses recover quickly by covering losses and repair costs, minimizing downtime.
Choosing the Right Cannabis Insurance Provider
Choosing the appropriate insurance company is essential for thorough coverage. Here are several important factors to keep in mind:
1. Industry Experience
Select an insurance provider that specializes in cannabis policies and comprehends risks particular to the industry.
2. Policy Customization
Seek out providers that deliver customized coverage choices suited to your business requirements, regardless of whether you run a dispensary, cultivation site, or distribution firm.
3. Reputation and Financial Stability
Investigate the insurer’s financial stability, customer feedback, and claim handling effectiveness to guarantee dependability.
4. Compliance Knowledge
Due to variations in cannabis laws among states, collaborate with an insurance provider that remains informed about changing regulations to guarantee compliance.
Conclusion
Risk management for the cannabis industry requires proactive strategies since insurance serves as an essential component among such approaches. Companies that invest in wide-reaching cannabis insurance coverage protect themselves from regulatory fines and legal actions as well as property damage and multiple types of liabilities.
Businesses that adopt proper insurance coverage mechanisms get protected from financial instability and also gain regulatory compliance while enhancing their credibility and building enduring business success. The cannabis sector’s development requires businesses to obtain suitable coverage that minimizes their risks and enables secure business operations.
Committee Blog: Announcing Winners of NCIA’s State Regulatory Committee 2024 CannaStar Awards
National Cannabis Industry Association’s State Regulation Committee announces 2024 award winners for cannabis regulatory and program rollout success in 8 states
State-level cannabis regulations are a moving target; or rather, 50 moving targets. Despite nationwide movement in nearly every US state towards a regulated, adult-use market, each state has approached cannabis sales with their own unique flair.
Although it has been fun to watch each state’s program mature under their own particular point of view, as we move forward into 2025 our committee wants to call attention to some of the states we feel are getting it right.
The National Cannabis Industry Association State Regulatory Committee (NCIA’s SRC) hopes that by highlighting the successes (some of them unlikely) in individual states, we can inspire states to come together to share best practices, work towards eliminating redundancies for multistate operators, and create a streamlined framework that allows for greater access to the market for both would-be operators and consumers.
Without further ado, here are the National Cannabis Industry Association State Regulatory Committee’s CannaStars for 2024!

Best Social Equity Program: Illinois
Through the Illinois R3 Program (Restore, Reinvest, Renew), 25% of Illinois cannabis tax revenue is reinvested into communities disproportionately impacted by the War on Drugs, funding initiatives like job training, reentry services, and legal aid. Since launching, this has amounted to $244M in marijuana-funded revenue grants to community organizations that address disinvestment and excessive incarceration in Illinois.
Illinois also prioritizes social equity applicants for licensing by offering additional points on applications, reduced fees, and conditional licenses for roles such as craft growers and transporters. Further, the Cannabis Business Development Fund provides low-interest loans and grants to social equity applicants, helping reduce financial barriers to starting a cannabis business.
Like every state, Illinois continues to navigate the complexities of implementing a fair social equity program. However, the state has also backed up their commitment to restorative justice with criminal record reform. They have identified more than 770,000 records of “minor cannabis offenses” that may be eligible for expungement.
Currently, of the 25 jurisdictions with legal adult-use cannabis programs, 18 have an active social equity program. NCIA’s SRC believes that Illinois leads the nation with a model for social equity within cannabis that truly prioritizes a fair, restorative model.

Best Hemp Regulation: Kentucky
Kentucky’s hemp program stands out as a model of safety, transparency, and innovation due to its prioritization of registration and rigorous testing of hemp products. In Kentucky, all hemp-derived cannabinoids must undergo purity testing and remain compliant with THC limits. Packaging and labeling must also be clear and meet rigorous standards, similar to those in the adult-use markets of other states.
Although enforcing hemp producers and sellers to comply with tight standards has been met with some controversy, NCIA’s SRC believes that Kentucky’s efforts are a good thing and reinforce trust in the marketplace for consumers. California’s outright ban on intoxicating hemp derived products in 2024 has made it clear that lax regulations on hemp put the reputation of the entire cannabis industry at risk.
Beyond safety, Kentucky’s Cabinet for Health and Family Services does an outstanding job fostering collaboration. They engage farmers, processors, and retailers through education and support, and are transparent about regulatory changes and best practices. Their forward-thinking approach has positioned Kentucky as an ideal place for farmers and cultivators throughout the country.

Best Balance of Cannabis and Hemp Regulations: Minnesota
When Minnesota voted to legalize adult-use cannabis in 2023, the state already had a thriving hemp-derived THC product market. Instead of bulldozing the existing hemp market, Minnesota has instead worked to bridge the gap and create a cohesive framework that supports existing businesses, innovation, while also prioritizing public safety and further economic growth.
One of Minnesota’s key strengths is its integrated approach to regulation: hemp and adult-use cannabis are regulated centrally. This is a substantially different model than many other states, where cannabis and hemp are managed by separate regulatory bodies. By overseeing hemp-derived THC products and cannabis under a unified system, the state avoids market confusion and ensures consistent quality standards.
By carefully integrating cannabis and hemp regulation, Minnesota has positioned itself as a model for other states. NCIA’s SRC believes that the Minnesota model – a two-tiered system where lower THC products can be manufactured and sold more readily while higher concentrates of THC are sold through a traditional adult-use framework – merits consideration nationally as a way to increase access, safety, and roll-out adult-use without disrupting existing businesses.

Best Legislator: New Mexico State Senator Katy Duhigg
Elected in 2021, Senator Katy Duhigg (D) represents Albuquerque Senate District 10. Duhigg is the former Albuquerque City Clerk, with a background in election and consumer protection. As a State Senator, she brings extensive cannabis knowledge to her role, and has been critical in allowing New Mexico to emerge as an unlikely success story in adult-use cannabis.
Senator Duhigg serves as Chair of the Senate Rules Committee, and as Vice Chair of the Senate Judiciary Committee, where cannabis-related legislation enjoys the most rigorous discussion. Her commitment to the cannabis industry was witnessed during her very first legislative session, wherein the Cannabis Regulation Act was passed, legalizing cannabis for adult use in New Mexico.
The Cannabis Regulation Act was signed by Governor Lujan Grisham in June, 2021 and New Mexico was able to roll out their program quickly and effectively. Less than a year later, on April 1, 2022, New Mexico was open for business. There are now 3,071 active license holders (as of December 4, 2024).
Since the passage of the CRA, Sen. Duhigg has been absolutely integral, leading the charge in the Senate to improve the enabling legislation and to ensure New Mexico’s cannabis industry continues to mature, with strong equity protections that include uplifting the existing medical operators who have been serving the state since the beginning of New Mexico’s medical cannabis program in the 1970s.

Best Age Verification Guidelines: Nevada
Cannabis is frequently subject to “think of the children” style regulations and moral panic, but states often miss the mark when actually trying to put guidelines in place that protect minors and keep products out of their hands.
Nevada is still the first, and only, state to require any type of ID authentication to detect fake and suspicious IDs, and the Nevada Cannabis Control Board remains the most well-educated regulatory body on the subject of the forensic document analysis required to actually separate adult users from minors presenting false identification.
Furthermore, in March 2023, Nevada Assemblyman Brian Hibbets introduced AB342 – special interest legislation – that would have required onerous, and expensive third party checks as part of the Nevada dispensary age verification process. The Nevada State Legislature smartly shot down this amendment, which was vendor-specific language desperately seeking a problem that doesn’t exist in a state where every dispensary is doing the absolute most to detect fake IDs and keep minors out.
As of May 2024, Nevada is also the only state to include any guidelines for age verification of cannabis purchase via eCommerce, or age verification for cannabis delivery. This makes Nevada the top state in the nation for preventing underage sales, but with a common-sense approach that doesn’t try to add unnecessary burdens to their cannabis operators.

Best Challenge to the DEA: Georgia
In 2023, Georgia took the bold step of deploying their medical program directly into independent pharmacies across the state. With a limited product mix and a nascent patient base, this was an innovative way to jump-start a program and avoid high capital costs. The program was on track to get 90% of the medical cannabis patient base accessible within a 30-minute drive within 6 months of launch.
Unfortunately, in November 2023, the DEA sent an ominous letter to ice the exciting new rollout, reminding pharmacists that cannabis is still a Schedule I substance. However, instead of capitulating to the threat, the industry persisted and the state stood by to support the program with 52 pharmacies remaining active license holders. NCIA’s SRC celebrates Georgia’s commitment to medical cannabis patients and increasing access, in spite of federal threats.

Best Tax Rate Reform: Washington State
The culmination of a 5-year effort finally succeeded in removing all state taxes from Washington Department of Health-compliant products when purchased by registered medical patients. This matches the standards for pharmaceutical purchases in nearly every US state, where prescribed medications are non-taxable. Washington now joins 10 other states who do not tax medical cannabis purchases.
Since 2016 The Cannabis Alliance, Washington’s largest cannabis trade organization, has been advocating for the reduction or removal of the 37.5% state excise tax on medical cannabis products. Now, as of June 6, 2024, registered medical patients can purchase prescribed cannabis tax-free, a nearly 50% reduction in total cost to medical consumers. The state also introduced new higher testing standards for medical products, a patient registry, and a medical cannabis consultant license provided to budtenders.
Although adult-use cannabis in Washington still remains subject to a 37% tax, and the NCIA SRC acknowledges that taxes are needed to continuously fund state cannabis programs, we want to highlight Washington as the first state in the nation to treat medical cannabis as a medical necessity under the tax code, easing consumer financial burdens, and helping better position medical cannabis as a legitimate and needed treatment for many conditions.

Best Employee Protections: Nevada
Nevada leads the way with some of the strongest employee protections in the United States to ensure legal users of medical or adult-use cannabis do not face workplace discrimination. In 2020, Nevada was the first state to prohibit most employers from rejecting job applicants based on pre-employment marijuana tests. This landmark legislation, codified under Assembly Bill 132, effectively protects job seekers who legally consume cannabis, while still allowing employers to maintain workplace safety standards for positions in safety, aviation, and other high risk roles. Additionally, Nevada law protects employees from penalties for lawful off-duty cannabis use. This includes the stipulation that employers cannot take adverse actions against employees for testing positive for cannabis unless there is a direct safety concern or violation of company policies.
For medical cannabis users, Nevada law goes a step further by requiring employers to attempt reasonable accommodations for qualifying medical conditions. This requirement, enacted under Assembly Bill 453, emphasizes that individuals using medical cannabis for legitimate health concerns are entitled to workplace protections, similar to those afforded to employees using other prescription medications.
Notably, the Nevada Supreme Court has affirmed employees’ right to sue for violations of these protections, cementing the legal precedent that employees have the right to challenge discriminatory actions based on cannabis use. The court’s decisions have reinforced Nevada’s position as a model for other states considering similar workplace protections for cannabis consumers. These legal safeguards represent a forward-thinking approach to balancing employee rights with workplace safety, and have set a gold standard for workplace cannabis policies across the United States.

Best Regulatory Addition for Market Diversification: Massachusetts
Better late than never, the Massachusetts Cannabis Control Commission recently drafted new social consumption regulations and has moved to the formal public comment stage. As mature markets struggle with oversupply and overlicensing the rate of entity failures and state court receiverships (both voluntary and involuntary) of licensees are steadily on the rise. Massachusetts is among the first states to proactively offer a diversification opportunity for their cannabis program in the form of consumption lounges.
The draft regulations contemplate three different varieties of social consumption licenses – supplemental, hospitality and event organizer – and would restrict social consumption licenses to only Social Equity Businesses, Social Equity Program Participants, Certified Economic Empowerment Priority Applicants, Microbusinesses, and Craft Marijuana Cooperatives for the first 5 years after program launch. Supplemental licenses would be available to certain existing marijuana establishments and allow for on-site consumption within or attached to an existing facility. Hospitality licenses would permit non-CCC licensed entities to host on-site consumption events in partnership with certain existing marijuana establishments. Finally, event organizer licenses would permit certain existing marijuana establishments to host temporary consumption events.
9 states have already active consumption lounge licensing, and Massachusetts has been considering a social consumption pilot program since 2019, but the NCIA SRC wants to highlight Massachusetts for a considered approach focused on increasing revenue streams for smaller operators and social equity license holders.

Lifetime Achievement Award for Innovation: California
California has consistently led the nation when it comes to innovative and inclusive cannabis policy, going back to their first legalization ballot initiative in 1972. They were the first state to legalize medical cannabis in 1996, and today California still remains a leader in the cannabis industry, driven by its vast market, progressive regulations, and culture of experimentation.
A key milestone in this evolution was the 2024 California State Fair, which became the first state-sanctioned fair to integrate cannabis sales and consumption on-site, embracing cannabis culture into the mainstream. The state is also pioneering new business models, with cities like West Hollywood and San Francisco operating cannabis lounges that combine cannabis with art, food, and entertainment, reshaping consumption and creating new opportunities and economic growth in hospitality and entertainment.
California’s commitment to research further enhances its role as a leader, with the University of California system partnering with private enterprises to explore cannabis’s medical potential, including at the UC San Diego Center for Medicinal Cannabis Research. Together, California’s groundbreaking events and innovative business models position it as the epicenter of cannabis innovation.
NCIA’s SRC expects that California will continue to lead the way with an innovative and focused approach to growing its legal cannabis industry.
Conclusion & Congratulations
Congratulations to the 2024 National Cannabis Industry Association State Regulatory Committee’s CannaStars winners! The committee has enjoyed supporting the progress of medical and adult-use cannabis programs across the US, and can’t wait to see what new developments every state has in store for 2025.
Member Blog: The Cannabis Crisis Plan – Business Insurance for the Future
Is Your Cannabis Business Prepared for the Unexpected?
In an industry as scrutinized as cannabis, a crisis can escalate quickly—having a solid plan in place can make all the difference.
Given its unusual balance between federal illegality and regional legality, the cannabis industry sometimes feels like it’s under a microscope. Indeed, because of this microscope, a cannabis crisis can blow up fast. From product recalls to regulatory and legal issues, the Avaans Media team has worked with cannabis companies – and non-cannabis companies – can face in moments of crisis. No crisis is ever “planned.” Because the very nature of a crisis is that it creeps up when you least expect it. Think it can’t happen to you? Seventy-nine percent of companies will experience a crisis with service disruption and media implications.
A moment of crisis doesn’t even have to be the brand’s fault. Many companies have gotten caught up in social media rumors, it could have to do with police, government officials or product recalls and yet in those cases, it is the company’s crisis to handle.
A crisis plan can be the unsung hero of an emergency. Putting a crisis plan in place may seem tedious, but a cannabis crisis is high stakes, and understanding when, who and how your company will handle a moment could save you millions in legal and PR fees, while also preserving the valuation of the brand, and the reputation in the eyes of customers, regulators, and the media. Crisis PR professionals can assess a situation quickly and guide you through this process. And a crisis plan will help you in those early critical moments. Tabletop exercises and media training are the muscle behind a crisis response.
Yet, if you find yourself in a crisis without a plan in place, there are three strategies to employ in a crisis.
Follow the traditional process of response.
We see this played out repeatedly, the traditional response to a crisis is to address the facts publicly, acknowledge the concern and the problem, apologize, and rectify. This is a well-worn process, and the media are all very familiar with this process.
It’s important with this strategy to consider the methods of response and that the urgency matches the level of the crisis. Spokesperson, media format, and timing are essential elements in this strategy.
What level of response does this moment demand? If the problem hasn’t hit the media, but your customers are upset, how will you deal with that differently than if the media is calling?
The truth is always your north star. That’s particularly true during tumult. Tell the truth, stick to the facts. If you don’t know the answer, it’s perfectly OK to say you don’t know and will return with an answer when you have one. Don’t make promises you aren’t sure you can keep.
Where and how you issue a statement is a message. Who issues the statement? Will you issue a statement on YouTube or on Instagram. Both? Will you talk to the media at a press conference, or will you issue a written statement to the media?
Use the Crisis to Effect Change
Sometimes, a crisis can be used as an opportunity. No doubt, this is a risky choice and should be taken with sincere consideration and expertise about when and how to share the story.
High Seas Dispensary in Costa Mesa, California did this recently when they ran into a sudden brick wall with city leaders who were withholding their city business permit. This came a surprise to the founders of High Seas Dispensary who had always been reputable players in California cannabis.
News coverage of the situation soon started bubbling up and the withholding was rescinded, allowing the dispensary to finally open its doors, albeit months later than planned.
The pre-opening crisis created an early interest with cannabis media, and it helped secure coverage of its opening.
Let The “Crisis” Die
This may be the riskiest choice of all. Because response is critical if a crisis has or will reach the media level. The first step in a crisis is to decide if it is an actual crisis and if so, what response there should be.
Indeed, some low-level crises feel stressful in the moment, but the reality is that a public response will only fan the flames. An example of this is when things heat up with a few negative social media comments. It feels alarming, and it feels urgent, but unless those comments are part of a larger issue that should be addressed, feeding the trolls is only going to make more people aware of the situation.
Yet, a fast response may allow you the opportunity to tell your side of the story. An example of this is a cannabis recall client we worked with who called us after the story hit the TV news; there’s no going back. What’s done is done. We would have put the CEO on the news to respond which would have given the story a more well-rounded presentation and put a face to the recall, and because the CEO was highly credible, empathetic and well spoken, could have actually improved the brand reputation.
But ignoring a crisis is a risky choice, too. We’ve all seen brands that wait days before responding to a crisis that continues to spiral out of control, at which point, the public statement feels inadequate. This is a strategy, again, which should only be taken with a clear view of the risks.
Think of a crisis PR plan as business insurance. A good plan can stop a crisis its tracks. Feeling prepared is the difference between panic and composure.
Member Blog: CBD Oracle Launches Consumer Protection Standards to Address Industry-Wide Issues in Hemp Products
CBD Oracle has released a set of objective, expert-backed criteria to help consumers find better hemp products and lay out clear expectations for companies.
The hemp industry has been a lifeline for many farmers, but it’s a minefield for consumers. Everyone tells you to check lab reports, but much of the time they don’t include safety testing, and sometimes they’re even outright fake. Brands talk a big game about not selling to youth but then don’t check IDs on purchase or delivery. And even if you do find a brand that doesn’t do this stuff, their labels are probably still misleading and there may be unintended and unknown ingredients that even the lab doesn’t mention.
There is a lot of talk about self-regulation, but with very little top-down control, bad actors are still widespread and the challenge of finding safe, reliable, and effective products falls primarily on consumers. At the same time, honest brands are faced with competing pressures, hoping to put out products that tick all the right boxes but balance this out against profitability.
CBD Oracle set out to address these issues, interviewing 22 experts and two governmental agencies about what they’d look for in a hemp product if they were recommending one to friends, family, or patients. The result is a set of objective criteria for evaluating cannabinoid products, covering everything from the plant on the farm right through to the labeling and marketing of the finished product.
For consumers, it’s a guide for what to look out for, but for brands, it’s a blueprint for making the highest-quality cannabinoid products you can and standing out from the bad actors.
You can read the full report here: A Comprehensive Framework for Evaluating Cannabinoid Products (PDF)
The Problems With the Hemp Industry and How They Affect Consumer Trust
While the 2018 Farm Bill left the regulation of hemp products to the FDA, the agency has dragged its feet in establishing regulations and left the task to the states. The end result of this is often described as a “patchwork of regulations,” but this misses what is arguably the biggest issue: enforcement varies drastically from state-to-state and this lack of oversight means that customers cannot depend on anything, even if their state theoretically has solid rules in place.
This leaves consumers facing many issues including inaccurate labeling, deceptive marketing, unsafe products (often containing unknown and unreported byproducts), and a general lack of consistency.
For brands, this has serious knock-on effects:
- Reduced consumer trust: Consumers know that many brands don’t hit the mark, so they are more likely to stick to one or two brands they can rely on and shop around less.
- Governmental scrutiny: The lax standards in the hemp industry attract negative media coverage and in turn encourage state governments to crack down on hemp.
- Market uncertainty: The lack of trust from consumers and skepticism from the government brings uncertainty into the industry. The threat of increased regulation or even outright bans hangs over the future.
A Comprehensive Framework for Evaluating Cannabinoid Products: In Brief
CBD Oracle spoke to 22 experts from the industry, research, medicine, and the law, as well as the FDA and the California Department of Public Health, and reviewed existing standards to come up with their Comprehensive Framework for Evaluating Cannabinoid Products.
The entire framework is in CBD Oracle’s PDF report and blog post, but briefly, the experts identified several key factors consumers should look out for and the industry should strive towards.
The plant’s origin and cultivation method
The plant should be grown in the US, ideally using organic farming methods, outside under natural light, from a single strain and single origin, and preferably in states with ideal climates and robust hemp programs.
Extraction
The extract should be made from flower using a clean method that removes contaminants while preserving beneficial compounds, such as CO2, with natural cannabinoids (not converted) and terpenes (or at least 99% purity for isolates).
Third-party lab testing
There should be full-panel tests publicly available for each batch/lot of each finished product, ideally including tests of raw materials, from an accredited lab with a credible reputation, which confirms that the product is free from contaminants and the potency is within 10% of the advertised amount (20% for low-dose products). The lab report should be less than a year old and should have a QR code for easy verification.
Quality control
The company should be a GMP-certified manufacturer, with an FDA-registered facility, that oversees the entire production process (i.e. not a white-label brand) and has a chain of custody documentation. The hemp should ideally be USDA certified organic, and with NSF sport certification if it’s intended to be 100% THC-free.
Ingredients and additives
The product should be made without harmful or unnecessary additives, including (but not limited to) vitamin E acetate, synthetic fragrances, artificial colorings, parabens, or synthetic cannabinoids, shouldn’t include unregulated supplements, and any vape products should preferably use a base of propylene glycol (and/or vegetable glycerin).
Packaging and labeling
The product should comply with all labeling requirements, be packaged in a child-resistant container, with packing and expiration dates shown, clear dosing instructions, a batch/lot number for traceability, complete ingredient listing, a QR code linked to the lab report and appropriate health warnings.
Reputation, transparency, and marketing
The company should not make unapproved medical claims, use marketing intended or likely to appeal to youth, or sell hemp products without substantive age verification. They should be transparent about their team, work with experts, ideally engage in advocacy or be a member of industry organizations, and offer good customer service, including a money-back guarantee.
Conclusion – Working Towards a Better Industry
It’s likely that the upcoming update to the Farm Bill will come into force before we get any substantive regulation of hemp at the federal level, with the update likely restricting intoxicating hemp. The only way to show the industry is responsible before then is to hold it to higher standards, pushing customers to expect more and companies to do more to ensure their products are safe, efficacious, and reliable. While the criteria won’t solve the problems facing the industry, they offer a clear path forward for the industry and empower consumers to expect more of the companies whose products they buy.
You can access the full report in a PDF here: A Comprehensive Framework for Evaluating Cannabinoid Products
Committee Blog: The Tale of Two Cities – The Complexities of Cannabis vs Hemp
Hemp is federally legal but now the number of states banning hemp derived products are on the rise. Cannabis is federally illegal, however, we are now at 40 states with legalized cannabis markets. There is also the growing anticipation for the DEA to approve the reclassification of cannabis from Schedule 1 to Schedule 3, as many look ahead to the DEA hearings scheduled in 2025 in Washington, D.C.
Farm Bill of 2018
When Congress passed the Farm Bill in 2018, the intent was to provide a legal framework for the cultivation of hemp for industrial uses. In 2022, the sales of hemp and CBD products in the U.S. were estimated to be around $5 billion. For 2023 and 2024, projections indicated continued growth at approximately $6 billion. The market has been driven by increasing consumer interest in wellness products, new product innovations, and the expanding availability of hemp-derived items across various retail channels. Overall, the 2018 Farm Bill has opened doors for innovation and research in the hemp industry, benefiting consumers and producers alike.
Unintended Consequence
The Farm Bill was not designed to create synthetic hemp derived products that have the ability to cause intoxication, as an unregulated product, that allow minors to buy products easily available at gas stations and convenient stores. Nor was the Farm Bill designed to compete with products from the highly regulated cannabis industry.
Hemp-derived intoxicating products (HDIP), such as those containing delta-8 THC or other cannabinoids, have found a niche by leveraging their legal status under the 2018 Farm Bill, which allows for hemp products with less than 0.3% delta-9 THC. This legal framework enables them to be marketed and sold in many states where traditional cannabis products remain highly regulated or illegal.
Key Competitive Factors of Hemp vs Cannabis Products:
- Legal Accessibility: Hemp-derived products can often be sold in a wider range of locations, including convenience stores and online, whereas cannabis products may require specific licenses and be limited to dispensaries.
- Price Point: These products often come at a lower price than regulated cannabis, appealing to cost-sensitive consumers.
- Variety and Innovation: The hemp market has rapidly introduced various products, including edibles, vapes, and beverages, catering to diverse consumer preferences.
- Target Demographic: Many consumers who are curious about cannabis but wary of the higher THC levels in traditional products may find hemp-derived options appealing.
Challenges:
- Regulation and Safety: As the market grows, so does scrutiny from regulators. Concerns about product safety, labeling, and quality control can affect consumer trust.
- Market Confusion: The overlap between hemp and cannabis can create confusion among consumers regarding the legality and effects of different products.
The insurability of unregulated hemp-derived products, such as those containing delta-8 THC or other cannabinoids, presents several challenges:
- Lack of Regulatory Standards:
- The absence of uniform regulations for hemp-derived products can make insurers wary, as there may be variability in product quality and safety.
- Inconsistent Labeling and Testing:
- Many products lack third-party testing for potency and purity. This inconsistency increases the risk of legal claims related to mislabeling or contamination.
- Legal Ambiguity:
- The legal status of some hemp-derived cannabinoids varies by state, leading to uncertainty about liability and compliance for manufacturers and retailers.
- Consumer Safety Risks:
- Without strict regulations, there are potential health risks associated with unregulated products, which can lead to consumer harm and subsequent lawsuits.
- Limited Market Data:
- Insurers often rely on historical data to assess risks. The hemp-derived market is still relatively new, and there is insufficient data on claims and losses, making it challenging to determine appropriate premiums.
- Reputation and Brand Risk:
- Companies in the unregulated space may face reputational risks, which can affect their insurability. If a brand is associated with negative consumer experiences, it can lead to increased claims.
- Evolving Legislation:
- Rapid changes in laws and regulations regarding hemp and cannabinoids can create uncertainty for insurers regarding coverage requirements and risks.
- Product Liability:
- Insurers may be concerned about potential product liability claims, especially if products lead to adverse health effects or if consumers experience negative reactions.
Due to these challenges, companies dealing in unregulated hemp-derived products may find it difficult to obtain insurance or may face higher premiums and more stringent underwriting requirements.
As both markets evolve, the competition will likely lead to further innovations and changes in consumer preferences, but more importantly has led to a response from Congress and from a variety of states who are acting to change regulations and/or ban hemp derived products, putting the hemp industry and consumers who use hemp and CBD products as medicine at risk.
State by State Regulatory Response
States such as New Jersey, Virginia, Georgia, California and New York are contemplating changes or have already made changes to hemp laws to restrict and/or regulate sales. Please see links below for more state specific responses and information.
New Jersey
• Gov. Murphy signs controversial bill restricting sales of hemp products
• Hemp businesses sue to stop New Jersey law that restricts hemp sales
Georgia
• Here’s what you need to know about Georgia’s new hemp law that just took effect
California
• California Bans Hemp Products With Any Amount Of THC
• California sued by hemp advocates Cheech and Chong over controversial hemp THC ban
Virginia
• Hemp Product Enforcement
New York
• Cannabinoid Hemp Regulations Guidance for Licensees
Conclusion
There are many complexities to the Farm Bill of 2018, and there are complexities of each state’s highly regulated cannabis market. It is believed there can be a balance and existence of both the cannabis and hemp and CBD market. At the end of the day, anyone can order hemp, CBD products via e-commerce due to federal laws. There are manufacturers who are good actors and some who are bad actors, as always, “Caveat Emptor”.
Committee Blog: What is Craft Cannabis? Understanding Small-Batch Cultivation and Artisanal Products
What is Craft Cannabis?
Following state legalization and/or decriminalization, it doesn’t take long for dispensaries to be fully stocked with cannabis brands eager to get their products on shelves. Unfortunately, the flood of flower from cultivators that invest early into the new markets quickly turns into a creek as small independent farmers struggle to meet margins to remain profitable. The price per pound of cannabis quickly drops, and many of those hopeful farmers have no other alternative but to sell their business or close down.
Not unlike the alcohol and tobacco industries, some brands are creating a lane for themselves by differentiating their product as Craft or Artisanal.
Industry Comparison – Craft Beer
We can look to cannabis’ distant cousin, hops, to get a taste of what it means to have a successful craft market alongside thriving value products like domestic beer. According to the Brewer’s Association, a non-profit trade association of craft brewers, a brewer is considered craft if they meet the definitions for “small” and “independent” listed below:
Small: Annual production of 6 million barrels of beer or less (approximately 3 percent of U.S. annual sales). Beer production is attributed to a brewer according to rules of alternating proprietorships.
Independent: Less than 25 percent of the craft brewery is owned or controlled (or equivalent economic interest) by a beverage alcohol industry member that is not itself a craft brewer.
In short, craft brewers measure production throughput and ownership share to be considered craft. Some argue that the 25% ownership plays the biggest role in the success of a craft brand since even a smaller stake in ownership from a large corporation could give them enough capital to outcompete their non-corporate funded counterparts.
Can similar qualifiers be applied to cannabis cultivation and manufacturing?
Putting the Craft in Craft Cannabis
Unlike its distant alcoholic relative, cannabis is used to produce more than one type of product. While the most common craft product is flower, it can also be extended through the manufacturing process to make edibles, pre-rolls, tinctures, and more.
The process of cannabis cultivation and manufacturing is far more complex to narrow the craft definition to just the final weight of the yield. For flower alone, multiple variables are considered when defining craft—lot size, total yield, harvesting techniques, pest control solutions—just to name a few.
California has taken an impactful step forward by introducing the Cannabis Appellations Program to the cannabis industry. “An appellation of origin is a protected designation that identifies the geographical origin of a product and typically includes production requirements.” The most common use of appellations are in the wine (true Champagne must come from grapes grown in the province of Champagne, France) and coffee industries.
Craft Cannabis Webinar Series
Consumers play the largest role in the success of a cannabis brand and, with the help of small business advocates like NCIA, are now learning about the smaller craft cannabis brands available in their state. So then, what does it mean when your jar of fresh flower says “Craft Cannabis” on the label? What and who defines the craft? What does this new appellation program mean for craft cultivators? How can consumers and retailers support these specialized brands?
NCIA’s Cannabis Manufacturing Committee has partnered with the Retail and Cultivation Committees to present a series of #IndustryEssentials webinars to answer these questions. Starting next month, we’ll speak with industry leaders across the country to gain their perspectives on this topic and learn about their craft.
Stay Connected with NCIA
As the cannabis industry continues to evolve, staying informed about the latest trends and insights is crucial. To keep up with everything happening in the world of craft cannabis and beyond, we encourage you to follow us on LinkedIn for updates, event announcements, and industry discussions. Join our community on LinkedIn today!
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We look forward to keeping you informed and engaged with the best in the cannabis industry!
Committee Blog: Cannabis Companies – Be Ready and Prepared for an IRS Audit
Published by NCIA’s Banking & Financial Services Committee (BFSC)
Contributors:
As the cannabis industry continues to expand, operators face unique challenges in tax compliance and financial management. Among the most daunting prospects for any business owner is an IRS audit, and for cannabis companies, the stakes are even higher. Proper preparation is key to ensuring your business is ready for this possibility.
The Increased Likelihood of an Audit
Cannabis companies are significantly more likely to be audited than those in other industries. A 2020 study by the Treasury Inspector General for Tax Administration found that cannabis businesses were 4.7 times more likely to be audited than non-cannabis businesses of similar size. This heightened scrutiny underscores the importance of being thoroughly prepared.
Building the Right Support Team
Assembling a team that understands the intricacies of the cannabis industry is essential. Key players include:
- Cannabis-Specific CPA: Expertise in 280E compliance, state-specific tax laws, and cost accounting methods tailored for cannabis businesses.
- Cannabis Tax Attorney: Specializes in cannabis tax law, provides regulatory guidance, and represents your business during audits.
- Compliance Officer: Ensures adherence to regulations, maintains proper documentation, and implements internal controls.
- Inventory Management Specialist: Oversees tracking systems, accurate inventory valuation, and optimization of Cost of Goods Sold (COGS).
Accurate Accounting and Documentation
Maintaining precise accounting records and documentation is critical. Essential records include sales receipts, vendor invoices, bank statements, payroll records, and inventory logs. Well-organized documentation supports your accounting entries and provides a solid foundation during an audit.
Standard Operating Procedures (SOPs)
Documented SOPs covering all areas of operation are vital, especially in a cash-heavy industry like cannabis. SOPs help mitigate risks such as misappropriation of funds, fraud, theft, and safety issues, ensuring consistency in your operations.
Consistent Employee Training
Regular training for employees is crucial due to the high turnover in the cannabis industry. Staff should be well-versed in handling cash, maintaining accurate records, and following SOPs to ensure compliance and security.
Internal Audits and Controls
Given the fluid nature of the cannabis industry, internal audits are essential. Regular self-audits help identify and correct potential issues before they escalate into major problems during an IRS audit.
Cost of Goods Sold (COGS) and IRC 471(c)
Accurate COGS calculations are vital for compliance with Section 280E, which disallows most business expense deductions except for COGS. Additionally, under IRC Section 471(c), small businesses may use a simplified inventory accounting method, potentially reducing tax burdens by including more costs in inventory rather than disallowed deductions. Ensure your business qualifies as a small business under IRS guidelines and maintain proper documentation to support the use of 471(c).
Managing Multiple Banking Relationships
If your cannabis business maintains multiple banking relationships, it’s essential to keep all records reconciled, including any intercompany and inter-bank transfers. Proper record-keeping and reconciliation are crucial for transparency and audit readiness.
State Audit Considerations
State audits can be particularly rigorous in the cannabis industry. Here are key considerations:
- Licensing and Compliance: Ensure you have all necessary licenses and permits, and can demonstrate adherence to state regulations, security protocols, and quality control standards.
- Financial Projections: Develop detailed financial projections, including revenue, expenses, and profitability. Use a cannabis-specific Chart of Accounts (COA) for accurate tracking.
- Operational Plans: Document all operational processes, from cultivation to distribution, and be prepared to present these during an audit.
- Risk Assessment and Contingency Planning: Identify and mitigate potential risks such as supply chain disruptions, regulatory changes, and security vulnerabilities.
- Security Measures: Most states require comprehensive security plans, covering aspects like surveillance, access controls, product storage, cash handling, and employee background checks.
- Document Management: Establish an organized system for storing essential documents, including licenses, compliance records, financial statements, and operational manuals.
- Policies and Procedures: Ensure that your policies and procedures are well-documented, covering safety, inventory reconciliation, and waste disposal.
- Professional Assistance: Hiring an accounting and tax professional with cannabis industry expertise can be invaluable for audit preparation and compliance.
Strengthening Your Approach to IRC 471(c) Compliance
IRC Section 471(c) offers cannabis businesses the opportunity to simplify their inventory accounting and potentially reduce their taxable income. However, successfully leveraging 471(c) requires careful planning and meticulous record-keeping. Here’s how to optimize your compliance strategy:
Key Requirements and Best Practices
- Eligibility and Qualification:
- Under 471(c), small businesses with gross receipts under $25 million (adjusted for inflation) can use simplified inventory accounting methods.
- Ensure your cannabis business meets the IRS’s small business threshold, and keep records that prove your eligibility. This includes tracking and reporting your gross receipts accurately.
- Accurate Categorization of COGS:
- One of the main benefits of 471(c) is the ability to allocate more expenses to Cost of Goods Sold (COGS). This can include indirect costs that were previously non-deductible under 280E.
- Carefully document and categorize every expense that contributes to inventory costs, ensuring you capture all eligible expenses without overstating them. This may include direct materials, labor, and even some overhead costs.
- Detailed Documentation and Record-Keeping:
- Maintaining thorough documentation is critical when applying 471(c). Every transaction, from purchasing raw materials to labor costs, should be meticulously recorded.
- Keep records of how you allocate expenses to COGS under 471(c). This includes detailed explanations of the methods used for allocation, supported by invoices, receipts, and financial statements.
- Regular Financial Reviews:
- Conduct regular internal audits and financial reviews to ensure ongoing compliance with 471(c). This helps identify discrepancies early and allows for adjustments before filing tax returns.
- Regularly reviewing your financials also helps ensure that your accounting methods align with both federal tax laws and state-specific regulations, reducing the risk of errors during an IRS audit.
- Use of Specialized Software:
- Employ accounting software specifically designed for the cannabis industry that supports 471(c) compliance. These tools help streamline the process of categorizing expenses, managing inventory, and generating accurate financial reports.
- Professional Guidance:
- Work with a tax professional who understands the intricacies of IRC 471(c) and the cannabis industry. They can provide tailored advice on optimizing your tax position and ensuring that your accounting practices align with the latest IRS guidelines.
By strategically implementing IRC 471(c) and maintaining strict adherence to its requirements, your cannabis business can benefit from reduced taxable income while remaining compliant with federal tax laws. Proper documentation, regular financial audits, and the use of industry-specific software are essential to maximizing the benefits of 471(c) and minimizing the risks during an IRS audit.
Conclusion
Preparing for an IRS audit as a cannabis operator requires a proactive approach and a knowledgeable team. By assembling the right professionals, maintaining accurate records, implementing strong internal controls, and staying informed about regulatory changes, you can navigate the complex world of cannabis taxation with confidence. Remember, the cost of proper preparation is always less than the potential consequences of being caught unprepared.
Investing in competent professional service providers may seem costly, but it can save you significantly in the long run. A 2022 survey by the National Cannabis Industry Association found that cannabis businesses working with industry-specific accountants and lawyers were 62% less likely to face major compliance issues during an audit.
For more detailed information, you can refer to the IRS guidelines for the cannabis industry and explore the Cannabis Industry Frequently Asked Questions. Additionally, these sources offer valuable insights on how to avoid an IRS cannabis tax audit.
Member Blog: The Value of Associations
This December, in conjunction with MJBizCon’ s pre-show forum Association Day held 12/3/24, Cannabis NewsHub asked participating associations the question “How does your organization bring value to your members and the growth of their business?
20+ Cannabis-related associations shared their thoughts on the value and member benefits they offer and these “INSIGHTS” were shared on Cannabis NewsHub’ s social media channels and are posted on their website. In addition, attendees of MJBizCon’ s Association Day had the opportunity to meet these associations in person on December 3 in Las Vegas.
The “INSIGHTS” shared in this series vary greatly and provide for the benefits of membership to each organization. Examples of benefits include professional networking, business development, trend tracking, advocacy, educational programs, continuing education credits, federal lobbying efforts, engagement, promotion, foster economic opportunity, industry specific training, and more.
It is our hope that sharing these INSIGHTS will help you navigate the various member benefits, learn about organizations, and help you determine what memberships best align with the mission of your business.
Thanks to all who participated as well as thanks to our partners at MJBiz who promoted this campaign to the participants of the 2024 MJBizCon pre-show forum, Association Day. In addition, a special thanks to the National Cannabis Industry Association (NCIA), and the International Cannabis Bar Association who helped to kick off this series.
For more information on Cannabis NewsHub or how to subscribe, please contact Samantah Hobbs, Sr. Marketing Manager shobbs@newsbank.com
Member Blog: Maximizing Success in the Cannabis Industry – Unpacking Market Maturity and Strategic Approaches
The cannabis industry is evolving faster than ever, with new markets opening up and existing ones maturing. But how do you know if your state is primed for growth or if you’re navigating an already saturated market? To thrive, it’s essential to understand where your state sits on the legalization journey and what strategic actions can drive success.
Join us for an insightful webinar hosted by the National Cannabis Industry Association (NCIA) in collaboration with CannaSpyglass and featuring expert insights from Apex Trading and CannMenus. This session, titled “Service Solutions: Mastering Data-Driven Success in the Cannabis Industry,” will dive into key factors that shape success in emerging and mature cannabis markets. Below, you’ll get a sneak peek at what we’ll cover on November 13th, 2024, at 3:00 PM ET.
Key Market Phases: Understanding Your State’s Trajectory
Cannabis markets in the U.S. generally fall into three categories: Upcoming, Emerging, and Mature. Each stage comes with unique regulatory landscapes, market opportunities, and challenges. Let’s break down what each phase means and how it could impact your business:
- Upcoming Markets
These states are in the early stages of cannabis legalization, often focusing on medical use with limited licenses. Examples include Kentucky and Minnesota, where medical programs are being established, with retail sales anticipated by early 2025. In these states, early movers can seize vendor partnerships and establish consumer trust before the market becomes crowded.
- Emerging Markets
States like New Jersey and Ohio represent active markets where licenses are increasingly accessible. Businesses here benefit from expanding consumer bases and opportunities for new entrants, with regulated sales expected to soar—New Jersey alone anticipates over $1 billion in sales by the end of 2024. Emerging markets are excellent grounds for growth but demand a keen focus on compliance and adapting to evolving regulations.
- Mature Markets
In established states like California and Colorado, competition is fierce, and margins can be tight. While new licenses may be limited, these markets allow opportunities for mergers, acquisitions, and refined operations. Mature markets also provide a roadmap for price trends and consumer demand shifts, valuable lessons for businesses in newer markets.
Navigating the Hype Cycle: The Influential Role of Market Dynamics
Whether you’re in an upcoming or mature market, the factors that influence success go beyond the legalization timeline. During the webinar, our panel will address the critical elements of the cannabis hype cycle and discuss how they influence market dynamics:
- License Caps & Moratoriums: Limited vs. unlimited license markets can dictate competition levels and growth rates.
- Compliance Requirements: From rigorous inspections to video surveillance mandates, compliance can impact operational costs and scalability.
- Municipal Guidelines: Local opt-outs and license restrictions affect market density and accessibility for consumers.
- Social Equity Programs: Equity initiatives can provide critical opportunities or barriers, depending on your status and location.
- Multi-State Operators (MSOs): In certain states, MSOs dominate, creating competitive challenges and setting high standards for new entrants.
Seizing Opportunities in Each Market Phase
For cannabis businesses, each market phase offers opportunities and hurdles. Here’s a quick look at how each stage requires tailored strategies:
- Upcoming Markets: These markets present chances for early partnerships and brand establishment. Vendors here are in high demand as businesses prepare for retail launches.
- Emerging Markets: Building a loyal customer base and securing real estate can be pivotal as more operators enter. For cultivators, planning for price declines is critical.
- Mature Markets: Efficiency is paramount. Businesses must focus on lowering production costs and exploring niche segments to sustain profitability amidst tightening margins.
Webinar Takeaways: Empowering Cannabis Business Leaders with Data-Driven Insights
This session won’t be just an industry overview; it will provide you with a roadmap for actionable insights. Attendees will walk away with:
- Understanding of Your Market’s Position in the Maturity Cycle: Learn where your state stands and what challenges or opportunities lie ahead.
- Strategic Tips for Each Market Stage: Discover tailored approaches for upcoming, emerging, and mature markets.
- Insights into Regulatory Impacts: Gain a thorough understanding of how license caps, compliance, and social equity affect the industry.
This is an unmissable opportunity for cannabis entrepreneurs and stakeholders to elevate their knowledge and drive data-driven success. Register now to join NCIA, CannaSpyglass, Apex Trading, and CannMenus on November 13th for a webinar that promises to reshape your approach to cannabis market strategy.
Member Blog: Building a Strong Brand – 9 Tips for Cannabis Business Improvement
In the competitive world of cannabis, branding is everything. A strong brand can set your business apart from the rest, making it memorable to consumers. In fact, studies show that 77% of consumers make purchases based on brand loyalty. With so many options available, how do you ensure your brand stands out?
Well, don’t worry; this article provides actionable tips to help you improve your cannabis business through effective branding strategies. By implementing these strategies, you can create a brand that resonates with your customers, builds loyalty, and drives sales.
Let’s get started!
1. Define Your Brand Identity
The first step in building a strong brand is defining your identity. What does your brand stand for? This includes your mission, vision, and core values. Clearly articulating these elements helps create a cohesive message. Think about what you want your customers to associate with your brand. Are you focused on quality, sustainability, or community?
Next, develop a Unique Selling Proposition (USP). What makes your business unique? Identify what differentiates your products or services from others in the market. This could be anything from organic ingredients to exclusive strains. A strong USP will help attract and retain customers.
2. Increase Your Product Portfolio
Expanding your product line is essential for attracting a broader audience. For example, “The Hemp Spectrum” has improved its brand by increasing its product portfolio. They offer concentrates, edibles, self-care, and pet care products. You can look up “The Hemp Spectrum online dispensary” to see how they are diversifying and utilizing their product portfolio. This diversification allows them to cater to various customer preferences and needs.
To do this, you have to stay informed about market trends. Identify new product opportunities based on current consumer demands. Use surveys or social media polls to gather insights directly from your customers. Understanding what your audience wants will guide your product development.
3. Develop a Strong Online Presence
A user-friendly website is vital. Make sure your site is easy to navigate and informative. Include high-quality images and detailed product descriptions. A well-optimized website enhances the shopping experience and builds credibility.
Engage with customers on social media platforms like Instagram and Facebook. These platforms are great for building community and brand awareness. Share engaging content, such as educational posts, behind-the-scenes videos, and customer testimonials. Regular interaction keeps your audience connected and interested.
4. Focus on Quality and Compliance
Quality control is critical in establishing trust with your customers. Ensure that your products meet high standards consistently. This includes sourcing quality ingredients and conducting regular testing. When customers know they can rely on your brand for quality, they are more likely to return.
Staying compliant with local laws is essential. Regulations can vary widely in the cannabis industry. Make sure you are up to date with the latest regulations in your area. Compliance enhances your brand reputation and helps avoid legal issues.
5. Engage with Your Community
Building strong relationships with local businesses and organizations can strengthen your community ties. Collaborate on events or promotions that benefit both parties. This not only increases your visibility but also reinforces your commitment to the community.
Engage in cannabis fairs, expos, and local events to promote your brand. These gatherings provide a platform to showcase your products and connect with potential customers. Networking at such events can also lead to valuable partnerships.
6. Invest in Professional Branding
Consider working with branding professionals. They can help create a cohesive brand image that resonates with your target audience. A strong visual identity, including logos and color schemes, is essential for recognition.
Consistency is key in branding. Use the same logos, colors, and messaging across all platforms. This helps establish a recognizable brand and builds trust with your audience.
7. Utilize Data Analytics
Data analytics can provide valuable insights into customer preferences. Use analytics tools to track buying patterns and trends. Understanding how consumers interact with your brand helps inform marketing strategies and product development.
Data-driven decisions lead to better outcomes. Use insights from your analytics to guide your marketing efforts and product offerings. This approach ensures you are meeting the needs of your audience effectively.
8. Educate Your Customers
Offering educational resources about your products is a great way to engage your audience. This could include blog posts, videos, or webinars. Educated customers are more likely to make informed purchasing decisions.
Position your brand as a trusted source of information in the industry. By providing valuable content, you build authority and credibility, which can lead to increased customer loyalty.
9. Monitor and Adapt Your Strategy
Continuously assess what works and what doesn’t. Regular reviews of your branding efforts can help identify areas for improvement. Stay open to change and ready to adapt your strategies as needed.
The cannabis market is constantly evolving. Stay informed about industry trends and be prepared to adjust your offerings. Flexibility will help you remain competitive and relevant.
Conclusion
Building a strong brand is crucial for the success of your cannabis business. By implementing these ten tips, you can improve your branding and attract loyal customers. Embrace these strategies to foster growth and customer loyalty in this dynamic industry.
Committee Blog: Extracting the Truth – Best Practices for Cannabis Extraction
Published on behalf of members of NCIA’s Cannabis Manufacturing Committee
We stand at a pivotal juncture in the cannabis industry, defined by rapid technological advancements in extraction methods and an increasingly complex regulatory landscape. How do we make sense of it all? Before you can have consumables, topicals and concentrates, you must first extract the cannabinoids from the plant. There are multiple extraction methods available, and each method not only influences the efficiency and cost of production, but also affects the purity, potency, and safety of the final product. Manufacturers of cannabis products use various methods for extracting vital compounds from cannabis. Keep on reading to dive into the multifaceted world of cannabis extraction, exploring traditional, modern, and emerging technologies that are shaping the industry.
Understanding Extraction Methods
Here’s a look at some of the most common technologies used:
- Traditional and Solvent-Based Extraction
- Butane Hash Oil (BHO) and Ethanol Extractions: These are among the most prevalent methods, prized for their efficiency and ability to preserve terpenes. However, solvent-based methods require rigorous disposal of the solvent post-extraction to avoid contamination, highlighting the necessity for strong quality-control measures.
- CO2 Extraction: Utilizing supercritical CO2 as a solvent, this method is celebrated for its safety and environmental friendliness. The precision and adjustability of CO2 extraction allow for targeted extraction of specific cannabinoids and terpenes, but at a higher operational cost.
- Physical and Non-solvent Extraction Techniques
- Rosin Tech and Ice Water Hash: These solventless techniques are gaining traction for their simplicity and the purity of the extract. While they offer a safer alternative by eliminating solvent residues, their scalability and efficiency in commercial settings remain areas for development.
- Novel Extraction Innovations
- Ultrasonic Extraction and Microwave-assisted Extraction (MAE): The cutting edge of extraction technology, these methods promise increased efficiency, reduced processing times, and enhanced terpene profiles. Their adoption is set to revolutionize the industry, provided they can overcome initial high capital investment barriers and integrate seamlessly with existing regulatory frameworks.
Product Quality and Regulatory Compliance
Which extraction method you choose will directly affect the chemical composition of the final product, and advanced testing and quality assurance protocols will be necessary. The industry has seen significant advancements in testing technologies, such as High Performance Liquid Chromatography (HPLC) and Gas Chromatography-Mass Spectrometry (GC-MS), which are crucial for verifying the absence of solvents, pesticides, and other contaminants.
Navigating the regulatory landscape is a formidable challenge for manufacturers. Regulations vary widely across jurisdictions and often lag behind technological advancements. Be sure to understand issues such as labeling requirements, potency limits, and compliance with Good Manufacturing Practices (GMP).
Manufacturing Challenges and Best Practices
Lab Safety and Employee Training
- The extraction process involves handling volatile substances and operating complex machinery, so robust lab safety protocols and ongoing employee education are must-haves. Prioritize creating a culture of safety and compliance, such as creating SOPs for your processes. This will help prevent accidents and ensure the well-being of your staff. Also be sure to document training and day-to-day operational issues.
Scaling Production While Maintaining Quality
- As the demand for cannabis extracts continues to grow, you might face the challenge of scaling your operations without compromising on product quality. You can achieve this balance by implementing scalable extraction technologies, maintaining stringent quality control, and investing in research and development.
Recommendations for Industry Growth and Policy Reform
- Foster Innovation through Research and Development: Public and private investment in research can help identify new extraction technologies and their applications.
- Harmonize Regulatory Standards: The standardization of safety and quality regulations across jurisdictions will facilitate compliance and ensure a level playing field.
- Promote Consumer Education: Comprehensive educational initiatives will inform consumers about the safety, efficacy, and benefits of cannabis extracts.
- Engage in Policy Dialogue: Active dialogue between industry stakeholders and policymakers will ensure that common-sense regulations are informed, pragmatic, and open to innovation.
The demand for infused products is growing, so manufacturers need to be planning for advanced extraction technologies – ones that fit within regulation and prioritize safety, quality, and consumer protection. By embracing innovation, advocating for harmonized regulations, and educating an informed consumer base, we can achieve growth and establish ourselves as a responsible and valuable sector of the global economy.
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