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Illinois Legalization: Illinois becomes 11th state to legalize cannabis

Illinois Legalization: Illinois becomes 11th state to legalize cannabis

Illinois residents can soon enjoy cannabis freely in their home state, they just have to wait a while.

Illinois has become the 11th state in the U.S. to legalize cannabis for recreational use after Gov. J.B. Pritzker signed a bill that will allow the licensed growth, sales, possession and consumption of cannabis for adults 21 and older. One of Pritzker’s campaign promises, the bill also implements the nation’s first comprehensive statewide cannabis marketplace designed by legislators.

Suffice to say the governor was excited to sign the bill into law, and said that it was long overdue in the state. However Illinoisans will still need to wait a while to start working in the cannabis industry in the state.

Illinois Legalization

With this new bill comes a few big steps for the state of Illinois. The bill will allow the licensed growth, sales, possession and consumption of cannabis for adults 21 and older, allowing possession of up to an ounce for residents, and 15 grams for non residents.

Illinois is also the first state to fully legalize commercial sales of cannabis through the legislature, rather than through referendum. But one aspect of this bill that will start impacting individuals immediately, is the expungement clause.

Pritzker emphasized that the law provides for automatic expungement of arrests for marijuana possession under 30 grams, and that he will pardon those with convictions for possession up to 30 grams. Individuals and prosecutors may go to court to seek expungement of cases involving up to 500 grams.

“Today we are giving hundreds of thousands of people the chance at a better life,” Pritzker said.

Once the market grows to maturity, the program is estimated to generate $500 million a year in taxes. That would come from a 10% tax on products with up to 35% THC, the component of the plant that gets users high; 20% for cannabis-infused products such as edibles; and 25% for THC concentrations of more than 35% — plus local sales taxes.

In a concession to law enforcement, an earlier provision to allow adults to grow five plants each at home was eliminated. Instead, only certified medical marijuana patients would be allowed to grow up to five plants each at home.

Now What?

While the bill has been signed into law, Illinois won’t be selling recreational cannabis to its citizens anytime soon. The permits the sale of legal cannabis products starting in January of 2019. So while not that far away, Illinoisans still have over 6 months to wait before they can purchase or grow their own cannabis.

The governor emphasized that 25% of the revenue from marijuana taxes will go to marijuana business ownership in black and brown communities that were disproportionately affected by the war on drugs. In addition, 20% will go to substance abuse treatment and prevention and mental health care, with additional funds going to pay the state’s bills, law enforcement and public education on marijuana health issues.

To address concerns that cannabis retail shops will end up concentrated in minority neighborhoods, state Rep. Kelly Cassidy, a co-sponsor of the bill, said there are minimum distances between shops to avoid a “liquor store on every corner“ phenomenon.

Local governments can still ban marijuana businesses or set rules to determine where they are allowed. While municipalities cannot prohibit people from possessing marijuana, landlords can still keep it off their property and employers can prohibit use by their employees.

It’s going to be an intense 6 months in the Illinois legislature as application processes begin and citizens start applying en masse. The state will need to establish how many applications it approve, and how many licenses will be given out to commercial growers, processors and retailers.

Stay tuned on The Real Dirt for updates about Illinois legalization and what’s happening with the cannabis industry development in the state.

Is New York Next to Legalize Cannabis?

Is New York Next to Legalize Cannabis?

New support from New York’s Farm Bureau could be the final push the state needs to legalize cannabis. But will it be enough?

The New York Farm Bureau issued a memo Monday backing a bill that would legalize, tax and regulate marijuana in New York, which lawmakers are considering before they end their annual session June 19. And farmers have a lot to gain if this bill passes and New York decides to legalize cannabis.

This bill specifically includes measures meant to ensure struggling farmers in New York’s poorer counties get a chance to break in to the marijuana and hemp industries. While the farming industry in New York isn’t in any risk of shutting down any time soon, getting preferential treatment should the state legalize cannabis would mean big money for the industry.

What’s in the New York Bill to Legalize Cannabis

The bill, should it pass, would create a new Office of Cannabis Management to oversee the recreational and medicinal marijuana industries, as well as the hemp industry.

Only those above the age of 21 would be able to legally purchase marijuana, and local governments would have the ability to hold a public referendum to block legal sales within their borders. This has happened in states like Massachusetts, where local governments kept cannabis illegal despite the state’s decision to legalize cannabis for adult us.

The bill overall is relatively standard for states that legalized in the past. Adult use, cultivation and sale will be permitted, but until the bill passes, there won’t be an Office of Cannabis Management to begin working on the details.

Farmers Might Not Be Enough

While the Farmers Bureau represents over a thousand farms in New York state, the only votes that matter in this case are those of the Democrats in New York. 30 Democrats have gotten on board with the bill, but 32 are needed to pass without any Republican support.

However the Democrats are confident that the bill will at least have enough votes to pass the lower chamber, and Governor Cuomo of New York has pledged to sign the bill if it gets to his desk.

New York has the third largest population of any state in the country, an a legal cannabis market would bring in massive amounts of revenue to the state. While California has had a slew of problems since they legalized cannabis due to the surplus of private market growers and illegal dispensaries, New York wouldn’t have the same problem.

If done right, New York could potentially become the new cannabis hub of the world. But that is a big IF.

Should New York legalize, there’s going to be a bunch more farmers planting clones outside for the very first time. Luckily The Real Dirt has that covered.
Los Angeles cannabis permit problems

Los Angeles cannabis permit problems

California had the right idea when they legalized cannabis in 2017. But with incredible delays, lack of resources and a surplus of entrepreneurs hoping to make a name for themselves in the industry, the state and cities like Los Angeles are struggling.

Over four million people live in the city of Los Angeles. It’s no surprise then, that the inhabitants would try to work in the new legal system. But it hasn’t been as simple, or profitable, as originally projected.

California is the biggest state in the country, as well as the largest supplier of cannabis. When the state legalized, it virtually leveled the main supplier in the state; the private market.

Unprepared, Understaffed, Overwhelmed

While strict requirements, exorbitant application fees and an originally-one-man advisory board made the legal industry all but unattainable for smaller growers and farms in the state, the process was made much simpler for retailers. Medical retailers, that is.

In Los Angeles, priority was given to owners of retail medical dispensaries in the application process. Since they already had the location, the storefront and the brand, all that was needed was a transition to the new regulatory requirements for recreational cannabis.

Second in line for application review came those that legally supplied the medical cannabis to the dispensaries in Los Angeles. It makes sense because once the retail locations are transitioned to recreational, they can continue to use the same growers and suppliers, maintaining their business relationships in the new, legal industry, with minimal delay. At least, that’s how it went on paper.

In reality, the situation isn’t going so smoothly. In February of 2018, the city gave out about 180 temporary permits to allow medical dispensaries to operate recreationally. For the growers and suppliers, the same was to be done by April. Those temporary permits weren’t issued until the end of August.

This shouldn’t be surprising considering the total lack of manpower the Department of Cannabis Regulation had then and now. The directory board of the department started with just one member. Now, over a year since legalization, there are only 13 members on the board. Now imagine those 13 people handling every single application process for the hundreds of retailers, growers and processors.

The picture starts to become pretty clear. As if the city didn’t have enough on its plate, it also included a social equity program in its local laws, aimed at helping repair some of the damage done by the war on drugs.

Los Angeles Social Equity Program

This is where the state of California and the city of Los Angeles could have set a great precedent for new and current legal industries. The city established a social equity program that would give priority to those most negatively affected by the drug war prior to legalization.

People of color in the city were disproportionately arrested for small drug crimes involving cannabis compared to their white counterparts, despite statistical data showing no difference in cannabis use between the two groups. This group and other minority groups negatively impacted by the drug war were meant to be some of the first allowed into the new, legal industry.

Unfortunately that isn’t how it has worked out for Los Angeles. While the social equity program gave priority to these minority groups, the Department of Cannabis Regulation gave higher priority to already-established medical retailers, growers and processors. And with the — to put it mildly — severe lag of the application process, these groups still haven’t had one single approval.

Mind you these are people who do not currently have a business, and want to open one in the recreational market. Many leapt for storefront dispensary locations, despite the low availability. Los Angeles put a cap on how many storefronts can be opened in a neighborhood, in addition to strict requirements for location (e.g. can’t be near schools, other dispensaries, public parks), greatly limiting the options for would-be entrepreneurs.

When it comes to timeframes, the city hasn’t been shy on the issue either;

“Bringing cannabis above ground is an incredibly complex process, and L.A. is doing it on an unprecedented scale,” Alex Comisar, a spokesman for Mayor Eric Garcetti, said in a statement. “Our goal is to do this the right way, not the quick way or the easy way — and we’ve always been very clear about that.”

It’s a rough road ahead

Los Angeles is way behind schedule. It’s a fact. And the local government isn’t doing much to speed up the process. The Department of Cannabis Regulation currently sits at 13 members. Multiple additional position have been filed, but due to the slow city hiring process, anyone new has yet to be hired.

The head of the city council Herb Wesson insists that everything will basically sort itself out. Even with reports of many potential entrepreneurs leaving the city to open up shop elsewhere, Wesson isn’t fazed. “I have no time for folks that want to go somewhere else. Let ’em.”

Instead, as months have passed, industry groups and consultants have complained that many cannabis entrepreneurs are stuck paying steep prices for multiyear leases, after landlords hiked prices on eligible storefronts. 

“You had a lot of people who followed the city’s guidance and signed leases,” paying upwards of $10,000 a month in rent, said Larry Mondragon, vice president of zoning and entitlements for Craig Fry & Associates, a consulting firm helping cannabis businesses. “People are holding onto leases, paying exorbitant checks, not even knowing when they’re able to turn in applications to the city.”

Equity applicants are supposed to get a helping hand from the city through “business, licensing and compliance assistance.” But more than a year after recreational cannabis sales became legal, there are no city programs providing such aid.

So far, the only funding the city has approved for social equity is $250,000 for a fee deferral program. Department officials say they now are seeking more than $4 million for the program, hoping to roll out support services, such as business development training, no sooner than July.

Los Angeles needs to step up. California needs to step up. There are a lot of problems in the state with little to no solutions. Something needs to be done at the city level to change that. How, and even if that will be done, is still unknown.

Cannabis Stocks: Understanding the Market

Cannabis Stocks: Understanding the Market

With Canada’s legalization passing this year, the stock market, more specifically cannabis stocks, are exploding.

The United States was the largest legal cannabis industry in the world with just the few states that have legalized. That all changed when Canada legalized cannabis on the federal level.

Canada created a national industry that spans the entire country, with a government managed program that handles distribution. Being the first first-world and G-7 country to enact widespread legalization, Canada’s stock market has seen a surge in new cannabis IPOs.

Cannabis Stocks in the US

Canada has the ability to allow cannabis businesses to go public now that it is legal. The United States still classifies cannabis as a Schedule 1 narcotic with no evidence of medical benefits (I still laugh out loud when I type that), and such does not allow legal, recreational cannabis companies to participate in the national stock market.

This puts cannabis businesses in the US in an awkward position. Unless they are an already listed pharmaceutical company that is creating a cannabis-derived medicine. Also with hazy laws currently regarding CBD, companies like Charlotte’s Web are able to be listed.

Other than CBD companies and pharmaceutical companies, the main stock options related to the legal cannabis industry is the supply businesses, i.e. the pick and shovel sellers. To elaborate, during the gold rush, a bunch of people may have gotten rich by finding some gold, but a lot more people got rich selling the picks and shovels to find it.

The majority of cannabis-related stock options in the US currently consist of packaging companies, safety technology companies, equipment companies (hydroponic equipment distributors), consultants and R&D companies or pharmaceuticals.

Cannabis Stocks in Canada

Due to Canada’s new laws and accessibility to the CSE (Canadian Securities Exchange), businesses operating in legal cannabis states in the US have started to list their companies north of the border. Companies like MedMen Enterprises and Green Thumb Industries are American companies that will be listed on the CSE.

It would appear that the majority of companies from the US joining the CSE are vertically-integrated, with businesses throughout the country in many different realms of the industry, from real estate to licensing to distribution. And while it is more difficult to invest in the Canadian stock market from the United States, it is possible.

Other than American companies listing their companies on the CSE, the majority of cannabis stock in Canada is, well, Canadian. With no worry of federal scrutiny, cannabis businesses in Canada can operate without problems from the government, build businesses and eventually list them. For this reason the CSE is expected to consistently list more and more Canadian cannabis stocks as the new industry grows and more businesses thrive.

So while Canada’s new industry is quickly expanding and opening up stock options in the Canadian stock market, the US market in terms of cannabis stocks is still struggling. The larger companies that are taking advantage of the CSE from the US are already multi-billion dollar companies, and thus will be highly sought after stock.

It most likely won’t be until federal legalization passes in the states that we will see cannabis stocks really start to appear for Americans to add to their portfolios. For now, you can invest in pharmaceutical companies, holding companies, and some others. It is also possible that if demand grows enough for the American cannabis stocks listed in the CSE, it will become easier to invest from the states. What will happen is still uncertain.