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Cannabis Special Coverage

Expanding Their Vision

Co-owners Chris Vianello, Rich Rainone, and Keshawn Warner.

Co-owners Chris Vianello, Rich Rainone, and Keshawn Warner.
Photo by Savanna SLUSA Productions for Dazed Cannabis

 

Chris Vianello said he and his partners at Dazed Cannabis never intended to be the first player on the scene. In fact, their first dispensary in Holyoke, which opened in 2021, was that city’s fourth.

“We were never the only game in town. That’s not our model. If our only claim to fame is that we’re the only game in town, that’s not a sustainable business practice,” Vianello said, noting that Dazed instead stresses quality products and its friendly but funky vibe. “We anticipated competition going into this, especially because Holyoke is not a limited-license jurisdiction.”

The model has worked. Not only has the Holyoke shop has survived a raft of competition, but Dazed co-owners Vianello, Rich Rainone, and Keshawn Warner have opened two stores since then: in New York City in 2023 (first as a pop-up shop in April and then a permanent storefront in November) and, just last month, in Monson, where Dazed is currently the only cannabis game in town.

That store, where the Magic Lantern strip club operated for more than a half-century before closing in 2022, honors the location’s history by keeping a small stage and dancer’s pole as part of the décor.

Rainone told the Cannabis Business Times recently that the first 90 days after a dispensary’s opening are the most turbulent. The first month is all about establishing operating procedures and employee routines, the second about fixing the challenges of the first 30 days, and the third month about putting it all together and excelling.

He told the publication that Dazed is a “fun party brand,” with visitors encountering a “meet and greet” before they get to security, and the environment inside the shop characterized by music playing and a pink-dominated color scheme that extends to all three dispensaries.

When asked why the team chose each location, Vianello told BusinessWest they appeal in different ways.

“We were never the only game in town. That’s not our model. If our only claim to fame is that we’re the only game in town, that’s not a sustainable business practice.”

“You try to find the balance between what’s the ideal location and what’s a doable location,” he said. “We try to straddle that balance; we don’t want to open up a dispensary just anywhere because that’s not going to work, but also we don’t want to get stuck looking for the perfect location and end up not opening anything. They’re all different in where the traffic is coming from and how we attract different folks to different stores.”

At a time when competition is fierce and some stores have actually closed in Massachusetts, Dazed’s focus on customer experience and steady growth has been a winner, he added.

“In 2018, 2019, you had people who were the only game in town. And that worked for those who were able to get themselves positioned to be the first in the market. They had months, even years where they were cranking as literally the only game in town.”

“We never experienced that. We were never the first,” he continued, understanding that being the first shop in Monson is still being one of nearly 400 in Massachusetts. And amid increasing competition, Vianello doesn’t intend to engage in a race to the bottom when it comes to pricing.

“We’ve seen people trying to undercut the next guy by 10 cents and create an environment where you devalue the purpose of even being there,” he explained. “Understanding that price is always part of what people consider when shopping, you still have to differentiate yourself; you have to make yourself stand out. Ideally, you want people that are coming to you rather than other people because they like what you have going on.”

By doing so, he said, “we’re creating our own lane, our own pie, instead of slicing up what’s already out there.”

 

Rolling with the Punches

And there is, indeed, a lot out there, and still considerable debate over whether the burgeoning cannabis industry has a ceiling or whether there’s enough growth potential — from new users or consumers rejecting the illegal market to buy from regulated stores — to make up for more competition emerging from both within the Bay State and from outside its borders.

“A lot of it comes down to community outreach, giving people the information they need to buy legal rather than what they’ve been doing the last 20 years,” Vianello said.

The leaders of Dazed Cannabis

The leaders of Dazed Cannabis hope the recent Monson grand opening isn’t their last, but one of many more.
Photo by Marsco Media for Dazed Cannabis

The discussion these days around a possible ceiling for the industry in Massachusetts doesn’t happen in other sectors, he added. “People don’t talk about us the same way they talk about other businesses, like restaurants, liquor stores. It’s really an open market, a lot of competition. And people are competing. I don’t know that we’re hitting the limit.

“There’s still a lot more legal cannabis dollars that haven’t been realized yet,” he added, citing, again, potential from a massive group of users who currently buy from unregulated sources. “But I don’t think businesses are doing poorly as a whole. I don’t think prices are crashing as much as people suggest. I don’t necessarily see that happening as blatantly as they’re describing it. Businesses still have a lot of growth potential.”

At the end of the day, he added, dispensaries have to offer what people want, and that requires staying ahead of the curve. “There are always new, innovative things coming out in the market. You have to stay up on what’s happening, and with market prices. You try not to be the cheapest on the block because that turns into a whole downward spiral. So you try to have competitive pricing and give people a good customer experience.”

Like all other cannabis entrepreneurs, Vianello hopes for the eventual end of the disconnect between state and federal drug laws that have posed onerous burdens on business owners, from IRS Section 280E, which forbids business owners from deducting otherwise normal business expenses, to hardships around banking, transportation, and other activities.

“That has to happen at some point. I think it’s going to happen. But I don’t think anyone knows when. It’s been right around the corner for years,” he told BusinessWest, acknowledging, like many have, that cannabis is legal for well over half the U.S. population, and bipartisan support exists for decriminalizing cannabis, but lawmakers always seem to have other concerns with which to contend.

“We just act accordingly within the rules in place,” he added. “But we know, if it happens, it will open up a lot of things for a lot of people. We need to have all the same rules and regulations as all businesses, the same opportunities, so we can run these businesses properly.”

 

Land of Opportunity

The New York location, in Manhattan’s Union Square neighborhood, has certainly been a success story, starting with its origin as a pop-up opened under the state’s CAURD (conditional adult-use retail dispensary) program, which invested in communities and entreprenuers that had been harmed by the war on drugs; Warner, a Harlem native, was arrested in 2008 for trying to buy marijuana during a sting operation, which hindered his ability to find employment afterward.

Now, he and his two partners are the employers at three Dazed stores — with more locations in the works, they hope.

“You try not to be the cheapest on the block because that turns into a whole downward spiral. So you try to have competitive pricing and give people a good customer experience.”

“Keshawn and his dedicated team at Dazed exemplify entrepreneurship in action, shining a spotlight on the importance of social equity in the cannabis industry,” Chris Webber of the New York Social Equity Cannabis Investment Fund said upon the Union Square location’s grand opening in November. “This isn’t just about a dispensary; it’s about leveling the playing field, creating opportunities, and building a more inclusive and dynamic entrepreneurial landscape.”

Vianello said it’s been gratifying to hire locally, providing job opportunities to others.

The interior of the Holyoke dispensary

The interior of the Holyoke dispensary is, like other Dazed shops, resplendent in pink.
Photo by Dazed Cannabis

“That’s the most exciting thing. When we started Dazed in Holyoke, we made a conscious effort to hire hyper-locally. Most of our folks are Holyoke residents or from the surrounding areas, Greater Springfield — but mostly from Holyoke. That’s the entire staff, from the general manager to the newest employee; they’re all local, and they’ve all been promoted and hired from within. And when we had the opportunity to expand into Monson, we were able to bring a lot of those folks over and give them a broader opportunity for employment.”

Indeed, many young people entering the cannabis field recognize it as a new industry with plenty of advancement opportunity.

“We want our team to grow with our expansion, and that’s been good for us to see,” Vianello said. “It’s a new industry, so there’s definitely a lot of opportunities for those folks to grow too. Not everyone has a lot of experience, and those that have experience are super valuable.”

As the cannabis workforce continues to mature and move up, Vianello and his partners are excited to see the industry do the same, despite all the challenges and all the hand wringing over how many dispensaries are too many.

“The thing I like best is that it’s changing and growing, with a lot of different opportunities coming up,” he said. “You just don’t know what’s down the road.”

Cannabis

A Banking Breakthrough?

 

Late last month, the U.S. Senate Banking Committee approved the Safe and Secure Enforcement and Regulation (SAFER) Banking Act, clearing the way for a floor vote. The bipartisan legislation, introduced by U.S. Sens. Jeff Merkley and Steve Daines, would allow financial institutions to do business with the legal cannabis industry without fear of running afoul of federal banking regulations. The legislation cleared the committee on a 14-9 vote.

The SAFER Banking Act would afford the cannabis industry better access to financial services that are currently unavailable or not reliably accessible, including depository services, electronic payments, and lending. Similar bipartisan legislation has passed in the U.S. House of Representatives seven times in previous congressional sessions, but has yet to receive a vote in the Senate. Last month’s committee vote clears a path for the bill to finally make its way to the Senate floor for a vote.

Aaron Smith

Aaron Smith

“The committee’s approval of the SAFER Banking Act gives hope to thousands of compliant, taxpaying businesses desperately trying to access the basic financial services other businesses take for granted.”

During the markup session, multiple amendments were offered. One would create a five-year sunset for the legislation unless a report from the Treasury Department certified that it had decreased the racial wealth gap and ameliorated other negative economic impacts of the war on drugs. This amendment ultimately failed.

Advocates are hopeful the Senate will approve the SAFER Banking Act given the strong bipartisan support. Seventy-six senators currently represent states that regulate the sale of cannabis for medical or adult use, including 28 Republicans.

“The committee’s approval of the SAFER Banking Act gives hope to thousands of compliant, taxpaying businesses desperately trying to access the basic financial services other businesses take for granted,” said Aaron Smith, CEO of the National Cannabis Industry Assoc. “This uniquely bipartisan legislation has the potential to save lives and help small businesses; it’s time for Congress to get it to the president’s desk without further delay.”

The Department of Health and Human Services and the Food and Drug Administration also recently made an official recommendation to move cannabis from Schedule I to Schedule III status in the federal Controlled Substances Act (see story on page 37), but that change would not affect the current banking situation for the industry.

The SAFER Banking Act is endorsed by the National Assoc. of Attorneys General, the National Assoc. of State Treasurers, the American Bankers Assoc., the Credit Union National Assoc., Independent Community Bankers of America, the NAACP, Americans for Prosperity, the United Food and Commercial Workers Union, and a bipartisan group of 20 state governors.

Smith noted that current banking regulations force cannabis businesses to operate in a very cash-heavy environment as they are unable to process credit cards and sometimes even unable to access depository services. The situation has led to numerous robberies and violent crimes targeting cannabis retail facilities and industry employees.

The bill would also open the door to greater business lending in the industry, providing access to capital that advocates say is sorely needed by small and independently owned cannabis businesses.

Laws to make cannabis legal for adults have passed in 23 states as well as the District of Columbia, while 38 states have comprehensive medical cannabis laws. Three in four Americans live in a state where cannabis is legal in some form.

“The vast majority of Americans now live in a state that is effectively regulating legal medical or adult-use cannabis sales,” Smith added, “but federal banking regulations are exposing millions to an unnecessary and completely avoidable risk of violent crime.”

Cannabis Special Coverage

The Constant Disconnect

 

 

 

Scott Blumsack is a general manager of Society Cannabis Co., a licensed retailer, wholesaler, and producer of cannabis products in Massachusetts. He oversees 16 full-time employees and directly serves cannabis products to customers.

He filed for Chapter 13 bankruptcy, which enables individuals with regular income to develop a plan to repay all or part of their debts over time. But the U.S. Bankruptcy Court for the District of Massachusetts denied his repayment plan and dismissed his bankruptcy case.

Why? Because, while Massachusetts law permits the retail distribution of marijuana, it’s still a Schedule I controlled substance, illegal to manufacture, dispense, or possess under federal law. And when Blumsack petitioned for bankruptcy under Chapter 13, he sought to fund his plan with income from his $75,000-a-year job with Society.

Judge Elizabeth Katz agreed with the Bankruptcy Court that, because he is employed in a federally illegal activity, Blumsack could not access Chapter 13 to restructure his finances.

“This banking act has been proposed by bipartisan senators for the last six, seven, eight years, and this is the first year it made it through committee; it’s supposed to get a vote on the Senate floor.”

“There’s just an enormous disconnect between what’s allowed under Massachusetts law and what’s allowed under federal law, and the Blumsack case is a perfect example of this,” said attorney Steven Weiss, a shareholder with Shatz, Schwartz and Fentin in Springfield.

“He was dealing with a controlled substance; that’s where his income was coming from,” he went on. “This guy is doing something that’s perfectly legal in Massachusetts, and yet he’s barred from being entitled to federal bankruptcy relief.”

Steven Weiss

Steven Weiss says he’s surprised lawmakers haven’t moved more quickly toward decriminalizing cannabis on the federal level.

Weiss said Katz, who had taken an oath to uphold federal law, essentially found no way around this nagging disconnect between state and federal law. The case, which has made waves nationally, is being appealed.

This disconnect has thrown a number of wrenches into cannabis businesses, which, among other hurdles, grapple with an onerous tax burden since they can’t write off many of the costs other businesses can. Or, a driver with federal Department of Transportation certification could conceivably lose that license if he transports products across state lines. And attorneys have worried about taking on clients in the cannabis sector, as they are technically advising clients to break federal law.

“Even for me, as a bankruptcy trustee, what would happen if someone suggested I should be appointed trustee or receiver of a marijuana-based business? I don’t know if I could do that, even though it’s legal under Massachusetts law,” Weiss said. “If there’s a change in the presidential administration and someone decides they’re going to enforce the marijuana laws, and there’s a five-year statute of limitations on selling marijuana, am I now a dealer?”

Then there’s banking; most cannabis companies have been all-cash businesses because banks operate under federal statutes.

“The vast majority of Americans live in states with laws that depart from federal law on this issue and where thousands of regulated Main Street businesses are serving the legal cannabis market safely and responsibly.”

But that’s one area that could be changing.

Last month, the U.S. Senate Banking Committee approved the Safe and Secure Enforcement and Regulation (SAFER) Banking Act. The legislation (see story on page 40) would allow financial institutions to do business with the legal cannabis industry without fear of crossing federal banking regulations.

“This banking act has been proposed by bipartisan senators for the last six, seven, eight years, and this is the first year it made it through committee; it’s supposed to get a vote on the Senate floor,” said attorney Scott Foster, a partner with Bulkley Richardson in Springfield. “It’s not law yet, and it may not even get through the House, but you’re definitely seeing little steps moving this forward.”

Meanwhile, the U.S. Department of Health and Human Services (HHS) recently issued an official recommendation to the Drug Enforcement Administration calling for marijuana to be moved from Schedule I to Schedule III status in the federal Controlled Substances Act.

A Schedule I classification is reserved for substances with no accepted medical use and a high potential for abuse, while a Schedule III classification is reserved for substances having a legitimate medical use and a moderate to low potential for physical and psychological dependence.

Despite this difference, cannabis would still be considered a controlled substance, illegal without a valid prescription, so a reclassification wouldn’t change the law around adult-use cannabis — but it would be a small move in that direction.

Scott Foster

Scott Foster says the disconnect between federal and state laws have contributed to making cannabis “a challenging place to be. It’s not for the faint of heart.”

“Moving cannabis to Schedule III could have some limited benefit, but does nothing to align federal law with the 38 U.S. states which have already effectively regulated cannabis for medical or adult use,” said Aaron Smith, CEO of the National Cannabis Industry Assoc. “The only way to fully resolve the myriad issues stemming from the federal conflict with state law is to remove cannabis from the Controlled Substances Act and regulate the product in a manner similar to alcohol.”

Will the federal government ever do that? Stay tuned.

 

Green Wave

Laws to make cannabis legal for adults have passed in 23 states as well as the District of Columbia, and 38 states have laws regulating medical cannabis. Almost 80% of Americans live in a state where the substance is legal in some form.

“The vast majority of Americans live in states with laws that depart from federal law on this issue and where thousands of regulated Main Street businesses are serving the legal cannabis market safely and responsibly,” Smith said. “It’s long past time for Congress to truly harmonize federal policy with those states.”

And there has been some thawing around the edges of the state-federal disconnect. For one thing, more banks, and larger ones, are edging into the cannabis sector.

For example, calling it an underserved industry, Berkshire Bank recently launched a cannabis banking unit that provides tailored banking solutions for businesses. In a partnership with Green Check Verified, a cannabis compliance software company, Berkshire is promising clients a seamless integrated platform that includes an application process, transaction monitoring, compliance, and funds movement.

Foster said he spoke with an executive at Berkshire Bank only 18 months ago who doubted such a move could happen. “They went from ‘absolutely not’ to ‘our doors are open to cannabis.’ That’s a huge shift for a major bank in the region.”

And as more states come around to legalizing cannabis within their borders, there might eventually come a tipping point that lawmakers in Washington, D.C. can’t ignore.

Foster happened to be on a plane recently with a state senator from South Carolina, and they struck up a conversation about their respective jobs.

“He said, ‘we’re considering legalizing medical cannabis in January. Don’t you see a lot of crime?’ I said, ‘No.’ ‘Homelessness around dispensaries?’ ‘No. Quite the contrary.’

“I told him, ‘you’ve got people in your state right now who are growing cannabis. They’re very good at it. They know their stuff. They know the different strains. In my state, those people are employed at cannabis dispensaries. They have respectable jobs, they’re not underground, there’s no risk of them going to jail. In your state, they still can.’”

Weiss told BusinessWest he’s surprised at the lack of movement on decriminalizing cannabis at the federal level, if only because there’s so much money to be made by banks and other businesses that typically have the ear of lawmakers.

“It’s legal in 38 states. Even small banks are looking at opportunities to make loans or investments in the marijuana business,” he said. “And when Wall Street can make money on something, the law will change. That may be a cynical view of the world, but I’m sort of surprised that marijuana hasn’t become at least quasi-legal federally right now. Right now, the way the industry is operating, the government just turns a blind eye to it.”

Until someone like Blumsack gets caught in the crossfire, or until cannabis business struggle under the weight of much higher business costs and much greater challenges than other sectors when it comes to real estate, transportation, security, or any number of other factors.

“I don’t know all the ways that’s going to shake out,” Weiss said. “That inconsistency is a problem for everybody. If somebody wants to change the law, that’s up to Congress.”

A Congress that, if anyone hasn’t noticed, doesn’t like working in a bipartisan way on very much these days.

 

The Next Generation

The landscape on some of these matters may still shift. Foster cited a recent decision from the U.S. Bankruptcy Court for the Central District of California in which a cannabis business, the Hacienda Co. LLC, was able to obtain bankruptcy protection, but only after transferring its cannabis assets to a third party. “The decision by the court could be seen as a roadmap for other companies seeking bankruptcy protection,” he noted, “but only for a complete liquidation, not a restructuring.”

Meanwhile, Foster believes federal decriminalization is coming … eventually.

“We still have octogenarians running parts of the government, and they grew up with ‘drugs are bad,’ and that’s something that’s difficult to overcome,” he told BusinessWest. “Twenty, 25 years from now, it will probably be legal, and everyone will look back and say, ‘that was kind of silly.’ But right now, people have ideas deeply ingrained in them by their church, society, family, personal experience, and they’re not going to get over that. They’re just not.”

Until they are — or a new generation of leaders emerges — the juxtaposition between state and federal law will continue to cause problems in this still-nascent industry.

“It’s still a challenging place to be,” Foster said. “It’s not for the faint of heart.”

Cannabis

Testing, Testing

Megan Dobro

Megan Dobro turned a passion for cannabis testing, and a clear market opportunity, into a successful lab.

When Megan Dobro earned a degree in molecular biology from Caltech, she wasn’t thinking about a career in cannabis, which wasn’t even legal in Massachusetts back then.

But life has a way of posing challenges — and opportunities. Often in quick succession.

“I was on the faculty at Hampshire College. And then, shortly after getting tenure, they announced major financial trouble, and everyone scrambled and tried to figure out what to do,” Dobro recalled. “By then, the cannabis market was legal in Massachusetts, but there were only two labs, and that was the real bottleneck of the industry. So I started consulting for labs and then got really passionate about cannabis testing.”

So much that she took what she calls “a big leap of faith” to start her own company, SafeTiva Labs, in Westfield. She founded the enterprise in 2020 and opened last fall — an indication that the licensing process for cannabis testing moves as slowly as it does for dispensaries and cultivators.

“I just had a vision. There were no labs in Western Mass.,” she said. “But there were tons of big grow facilities because building square footage out here is cheaper than in Boston. Everyone was growing cannabis here and then having to drive it across the state to get it tested every week. So Western Mass. needed something. All of that, combined with my eagerness for a new career adventure, led to this.”

Dobro raised funds, purchased a former manufacturing facility, and converted it into a laboratory with not only cutting-edge equipment, but the safety and security measures required by the Cannabis Control Commission.

That was the challenge; the opportunity was the fact that labs weren’t proliferating around the state like dispensaries were, and she believed she could stand out in a limited field — and do the job more efficiently than existing labs, especially considering the proliferation of cannabis sales.

“The labs were really jammed, and it was taking eight weeks for licensed cultivators to get their results back. And in that eight weeks, they can’t do anything with their products. They don’t know the process. They can’t start packaging it. So it was really halting the industry,” she explained. “So I built this with turnaround time in mind. Everything was built for efficiency, for automation and advanced technology.”

By the time Dobro opened SafeTiva, there were more labs in the region, but she still aims for quick response, whether her client is a large grower, a manufacturer, or even a home grower, consumer, or concerned parent looking to test a small sample.

“Everyone was growing cannabis here and then having to drive it across the state to get it tested every week. So Western Mass. needed something.”

“Turnaround times across the state have come down, but they’re still longer than they need to be,” she said. “So that’s our big badge of honor and our point of differentiation: our turnaround time is under two days. And we’re pretty consistent about that.”

 

Great Chemistry

Testing is a necessary facet of the cannabis trade, Dobro said. “Every 15 pounds of flower or every batch of manufactured product has to go through a third-party, licensed testing lab,” she said. “We test for pesticides, solvents, the potency of the products, that it’s labeled accurately, and for contamination, heavy metals, and other safety requirements. It’s a required step in the process.”

To show how this is done, she gave BusinessWest a tour of the SafeTiva facility, starting with a traditional chemistry lab where team members extract the specific components being tested for. “There’s a pesticide method; there’s a solvent method. We test terpenes, which affect the flavor and smells of the cannabis. So everything has its own prescribed method that our lab team will conduct here in the sample lab.”

Across the hall is a small room where samples are tested for heavy metals, like lead, mercury, cadmium, and arsenic. “Metals will survive almost anything. They’re really hard to break down,” she said. “So the goal is to get everything else out of the sample so all that’s left are the metals. We digest it at really high heat.”

Up front, samples come in through the window and have to be logged with the state’s tracking system to make sure product isn’t being diverted anywhere. “Security is very tight with this,” she said.

After the tour, Dobro sat down to talk about other challenges in the cannabis-testing realm.

“There isn’t standardization across the labs because the regulations are really vague, so every lab is doing it differently. So results are different,” she explained. “And that leads to lab shopping, where growers can send their products to the lab they choose based on the results they like. That leads to lots of complaints about things not being labeled accurately, things passing that shouldn’t have passed.

“So, for us, we always emphasize honesty and ethics in what we do, and we make sure we’re telling all of our clients, ‘these are all the ways we do our quality checks and this is how our staff are trained,’ and we’re checking all the time to make sure things are accurate,” she went on. “But the state isn’t checking on that. So there’s a range of accuracy among the labs.”

Amid those inconsistencies across the industry, Dobro wants to be known as not only an accurate and ethical lab, but a valued partner to other businesses.

“We pride ourselves on delivering a really great service and giving our clients valuable data that informs their practices,” she explained. “So we hope that our clients don’t view us just as a necessary hurdle they have to jump through to get their product to market, but that we’re a valuable part of the process that provides data for them.”

“We hope that our clients don’t view us just as a necessary hurdle they have to jump through to get their product to market, but that we’re a valuable part of the process that provides data for them.”

Steven Lynch, director of Sales and Marketing at SafeTiva, agreed. “One of our goals is to take a transactional element out of the testing process,” he said. “In the time I’ve been with the lab, I don’t want to say we’re looked at in an adversarial fashion, but I think we’re looked at as a positive resource, so they can learn how to do things better on their end from a cultivation standpoint.”

Meanwhile, testing labs feel the ongoing financial squeeze across the industry that has some dispensaries closing and others wondering if they’ll stay afloat as profits tumble (see story on page 18).

“We’re a required service, so what we do is very expensive. Between our equipment, our staff, and reagents, it’s really expensive to run a lab,” Dobro told BusinessWest. “But it’s very difficult for producers to pay for services like this when their margins are already so tight. But then, it’s necessary for consumer safety. And we don’t want to cut any corners on this end, because that’s when bad things happen.”

That said, while cannabis testing labs aren’t technically recognized as legal federally, they’re also not subject to the burdensome tax requirements of growers, manufacturers, and retailers.

“While we are plant touching, we’re not buying or selling cannabis,” she noted. “We’re in a gray area because we’re here for consumer safety. We’re a necessary part of the legal market. Without us, it’s the free for all that the black market was. So I think they want us to stay put; they don’t want to give us too much trouble.”

 

Confidence Boost

Dobro’s life is busy these days; she is also the owner of an event-rental and design company, the Borrowed Teacup, and is still an associate professor of Biology at Hampshire College.

But SafeTiva has occupied more of her time this past year, which has been an interesting one, to say the least, in a sector that is still rapidly evolving and, in some cases, may be starting to contract.

“I think this year is going to be very interesting. I’m hopeful that we’re going in the right direction, where the shakeout is going to benefit those who are really passionate about what they do, the local growers who make really great product and don’t cut corners. If that happens, then I think the products consumers see in dispensaries will be that much better. Those who had no business being in this industry in the first place will leave and not be here anymore.”

Despite the competition, she also senses a certain camaraderie and shared experience among Massachusetts’ cannabis pioneers. “All the time, we tour facilities and hear the passion these growers have for their product. That’s the excitement that I’m hoping sticks around for Massachusetts.”

The day of BusinessWest’s tour, Dobro was getting ready for a visit by members of the Cannabis Control Commission; she invited them for a tour because she believes in the importance of open dialogue between the commission and businesses of all kinds, including labs.

“We should all be on the same side,” she said. “We’re testing for public safety. So I’m hoping they’re listening to the labs, trying to standardize the labs, so consumers can ultimately have confidence in what’s on the label.”

Cannabis Special Coverage The Cannabis Industry

What’s Next for Cannabis?

Payton Shubrick

Payton Shubrick says she understood she was entering an increasingly challenging market for cannabis sales when she opened her doors last year.

By the time Payton Shubrick opened the doors to 6 Brick’s Cannabis Dispensary in Springfield last fall, she was well aware of how challenging the business was becoming.

“The market is getting tougher across the board in Massachusetts,” she told BusinessWest. “Gone are the days when you could open a dispensary and just have people lined up. Gone are the days when cultivators could guarantee sales. We’re seeing that you must earn customers’ loyalty and have a competitively priced product and have decent quality to do well in the Massachusetts market.

“I’ve been able to see growth with my company, despite coming online in September of 2022, when prices had just fallen by over 30%,” she added. “So we essentially started with less-than-ideal conditions, but it’s not all doom and gloom.”

Because Springfield set out a long, rigorous process to open a dispensary, Shubruck had time to witness a total evolution of the Massachusetts cannabis market; when she first applied for a permit, the few dispensaries that were open saw an early ‘green rush’ of customers; though the industry’s onerous tax and regulatory burdens and tight profit margins never made it easy money, exactly, the early shops took advantage of a clearly favorable supply-and-demand picture.

“We essentially started with less-than-ideal conditions, but it’s not all doom and gloom.”

By the time Six Brick’s opened, the landscape was considerably more cluttered; prices, as Shubrick noted, were falling; and some shops were struggling.

Those struggles have turned into actual contraction. The first Western Mass. dispensary to close, back in December, was the Source, on Strong Avenue in Northampton, a city with nearly a dozen retail cannabis shops. But it was Trulieve’s departure from the market that will resonate more broadly; the national company closed its three retail locations in the Bay State at the end of June, and is also closing its 126,000-square-foot growing, processing, and testing facility on Canal Street in Holyoke — another city that invested heavily in the new cannabis trade.

“These difficult but necessary measures are part of ongoing efforts to bolster business resilience and our commitment to cash preservation,” said Trulieve CEO Kim Rivers said. “We remain fully confident in our strategic position and the long-term prospects for the industry.”

At the same time, several proposed cannabis facilities in Western Mass., including one planned for the former Chez Josef banquet house in Agawam, have been scrapped due to an inability to secure financing amid dramatically changing market conditions.

“The market is correcting itself,” Shubrick said, reflecting a throughline seen in all states that legalize cannabis. “A lot of folks raked it in during the green rush. But only 24% of cannabis companies in the U.S. are profitable. So you actually have to view this as a business. You can try to increase volume and think that’s going to fix the problems, but the market has matured in a real way. And now, other states are coming online.”

 

High Stakes

Erik Williams, chief operating officer at Canna Provisions (see sidebar on page 20), explained that a typical dispensary needs to take in about $6 million in top-line revenue annually in order to break even. “A whole bunch of companies are not there. They’re sitting on big tax bills without the cash flow, and they’re going to close under the weight of taxes; we’re seeing that right now across the state.”

He also noted the 24% profitability figure, and said anyone coming into the market should be aware of it.

Steven Lynch

Steven Lynch says cannabis businesses doing things the right way and for the right reasons will survive any contraction in the sector.

“There’s a survivability factor we’ve written about from day one. We were the second adult-use-only store in Massachusetts to open [in Lee], and there’s definitely a sort of glory time which happens with every new market, where the demand outstrips the supply, and businesses are just opening their doors and slinging weed,” he said. “They saw pie in the sky, and they have not operated their business with real-time controls over every dollar they’re spending. It’s a tough thing.”

Simply put, too many cannabis businesses in Massachusetts based their business plans on supply-and-demand figures that no longer exist, he added. “There’s a lot more competition. The pie is always growing, but competition is far outstripping the growth of the pie, so you’re seeing price compression.”

Williams agreed with Shubrick that a dispensary must be run like a business from day one, with hard decisions around every dollar spent — or the enterprise will fail.

“If you’re at the point where you have to readjust everything, it’s almost too late,” he said. “Really tough business decisions need to be made across the board. We’re seeing how other companies are failing, and one of the first analyses is what it takes to be profitable as a standalone dispensary. A bunch of different people have run a bunch of different numbers, and when it comes down to it, the consensus is $6 million.”

So, how does one succeed in this environment? Shubrick has some ideas.

“At Six Bricks, we have a clear focus on who the customer is, and we’re focused on our competitive advantages, which are the cannabis experience over transaction, having knowledgeable staff, and being an option for conscious consumers who want their dollars spent close to home,” she explained, noting that the pandemic years taught people the value of spending their money with local businesses, and those lessons could carry over to cannabis. “There’s still a lot of work to be done with social equity for businesses, but consumers can support more a more equitable industry by what brands they support and where they spend their money.”

Erik Willaims

Erik Willaims

“There’s a lot more competition. The pie is always growing, but competition is far outstripping the growth of the pie, so you’re seeing price compression.”

Steven Lynch, director of Sales and Marketing at SaveTiva Labs, agreed about the appeal of strong, local brands.

“I see a lot of parity with when the big-box stores, the Home Depots and Lowe’s, first came to the market. It was great because they had these big stores you could go in, but ultimately, you’re not going to get the service that you’re going to get from your local hardware store,” he told BusinessWest. “So you saw a lot of stores go away initially, but then you saw a whole wave of small mom-and-pops come back into the market because they did things completely from a quality, service, and educational standpoint.

“I think that’s what’s going to happen in cannabis,” he went on. “The people who had no business doing this, or got into it for the wrong reasons, will fall by the wayside, and the people that that are doing it for the right reasons, the right way, are going to continue to flourish.”

 

Blazing a Trail

For Shubrick, ‘the right way’ is reflected in the 6 Brick’s tagline, “people, plant, and purpose.”

“People — how can we help show that cannabis can be a part of an individual’s wellness routine? Plant — how can we make this more of a cannabis experience than a transaction?” she explained. “And lastly, purpose — we want to be a viable option for those in the community that want diversity of price point and diversity of products. I can’t overemphasize the community aspect of it. You can try marketing to pull customers out of Connecticut, but it’s the local community that’s going to show up every day, whether they’re buying a pre-roll or a present for a friend.”

Though Springfield’s licensing process was slow and rigorous, she noted, it’s a plus for operators that there’s not a shop on every corner, as opposed to cities like Holyoke and Northampton that allowed many more licensees.

“We’re the third-largest city and have only four dispensaries; that does prevent what we’ve seen in Worcester and Northampton, which is a race to the bottom in terms of providing a product. Many customers are saying they want it as cheap as possible. The reality is, that hurts the entire supply chain and drives prices so low, it compromises quality.”

That ‘race to the bottom’ has occurred in other states where cannabis was legalized, but the assumption is that the market will eventually level out — and not everyone will survive.

“A lot of folks made the assumption that cannabis companies just open the doors, and people show up,” Shubrick said — and at the earliest-opening shops, like NETA in Northampton, they certainly did. “I never anticipated 100 people show up on day one. I knew it would be a slow climb. The first 15 companies to open their doors, some of them now have to make a comeback because the product wasn’t great or they didn’t have the right people.”

It’s not an unusual track in other business sectors, she added. “Car dealerships and restaurants rise and fall, and the same is happening in cannabis. A lot of naive operators thought they were untouchable because there was this pent-up demand and a thriving black market. But that’s not the case. Couple that with the realities of 280E, and this is not for the faint of heart.”

She was referring to Section 280E of the Internal Revenue Code, which forbids businesses from deducting otherwise ordinary business expenses from gross income associated with the ‘trafficking’ of Schedule I or II substances, as defined by the Controlled Substances Act; cannabis is a Schedule I substance.

According to the National Cannabis Industry Assoc., “federal income taxes are based on a fairly simple formula: start with gross income, subtract business expenses to calculate taxable income, and then pay taxes on this amount. Owners of regular businesses often derive profits from these business deductions. Cannabis businesses, however, pay taxes on gross income. These businesses often pay tax rates that are 70% or higher.”

“Most companies spend a dollar to get $1.10, and you’re ten cents up,” Williams said. “Here in the cannabis business, because of the 280E tax situation, you need to make $3.50 for every dollar you’re spending just to break even. That changes the math in a really big way.”

It also changes the way cannabis companies do business, he added, returning to those earlier thoughts about closely tracking all spending. “Being tight with advertising dollars and watching ROI on every dollar you’re spending is super important.”

Canna’s model, as a vertically integrated company that cultivates product as well as selling it, helps stem those tides, he noted. “Doing cost analysis is a little different, but you also are putting things through your stores at much higher margins. If you’re controlling your supply, you have more control over your business. We’re seeing it happen right now.”

 

Rolling with the Changes

Shubrick said it was worth navigating a thorough licensing process to open a cannabis shop, alongside her family members, in her hometown. “If I wasn’t selected in Springfield, I wouldn’t have picked up and gone to another city or town.”

It’s an example of the thoughtfulness that must accompany entering a very challenging cannabis marketplace in Massachusetts, especially now.

“Companies come in, and they’re not profitable, and they can’t pay back the tax bills. So they have to close,” Williams said, echoing not only the stories of the Source and Trulieve, but other casualties to come. “But their consumers don’t go away; they go elsewhere. So the lesson from the contraction of the market has always been that the survivors are going to do better long-term.”

 

Weathering the Storm: a Resilient Path Forward

By Meg Sanders

 

We are at the precipice of a significant contraction in the cannabis market, not confined to Massachusetts alone, but reverberating across the U.S. and even globally. As business owners navigating this turbulent landscape, it is essential to recognize the imminent challenges — in particular the ones staring down cannabis across the Commonwealth — prepare to face them, and, more importantly, cultivate a hopeful vision for the future.

Let’s begin with third-party vendors, the cogs in the machine that keep your cannabis enterprise running smoothly. We must ask ourselves: how do these vendors weather the storm if they lose 30% of their business suddenly? If a small vendor employing just six people experiences a 20% revenue loss from a key account, what could that mean for the business?

These are not mere speculations. These scenarios are unfolding right now, causing ripples across the industry. It’s a risk-management issue that warrants our immediate attention.

Meg Sanders

Meg Sanders

“It’s critical to identify how exposed our vendors are to the same downturn we’re grappling with, especially if their clientele consists primarily of cannabis companies.”

As we sail through these choppy waters, we mustn’t lose sight of the bigger picture. We need to question the depth and financial security of our vendor base, especially since many struggling businesses might not be able to pay their bills. The aftershocks of such downturns typically hit marketing, advertising, and street teams the hardest. But what does that mean for us, the business owners who rely on these very vendors?

Imagine your vendor pool as a ship’s crew, each playing a vital role in keeping your business afloat. What happens if your vendor’s ship starts sinking? The ripple effect could capsize your own vessel, and that’s a scenario we must guard against.

Indeed, there’s a sense of camaraderie in this industry. We are all in the same boat. When one sinks, we all feel the tremor. It’s critical to identify how exposed our vendors are to the same downturn we’re grappling with, especially if their clientele consists primarily of cannabis companies. The domino effect could span from your point of sale to merchant services, banking, all the way down to your graphic designer.

We have to play the long game, keeping our eyes on the horizon and the changing tides. Let’s envision a situation where you’re sourcing packaging from a company whose revenue is all cannabis-related. What happens when it loses 20% of its business overnight? What does that mean for your buying abilities, purchasing decisions, their supply chain, and your overall purchasing power and profit and loss (P&L) statements?

To chart a path through this storm, we must adopt a three-dimensional approach to risk management, particularly for those selling cannabis products wholesale to local companies. The strain on accounts-receivable departments is a testament to the rising pressures within the industry. Payments aren’t arriving on time, and some aren’t arriving at all, affecting everyone from packaging and label companies to small cannabinoid providers and cultivators.

But amidst this storm, there’s hope. And here’s the silver lining: we can mitigate these risks with strategic planning and robust backup systems. By identifying alternative vendors, knowing their offerings and lead times, we can prepare for any disruptions in our sensitive systems. We need to ensure that we’re not left without a resource simply because we didn’t think far enough down the track.

This contraction isn’t just a challenge; it’s an invitation to innovate. To think differently. To challenge the status quo. Industries shift, technologies evolve, and we must keep pace. We need to think about all the ways a contraction impacts everyone: vendors, landlords, municipalities. The effects when a cannabis company exits a market or closes its doors are far-reaching.

Even as we’re witnessing companies in Massachusetts entering receivership, it’s not a time for despair. It’s a time for planning, for taking stock of where we stand and where we aim to go. Think about your ‘what-ifs,’ and devise your backup plans. Be ready to replace a critical item on your menu if it goes away. Be prepared to find an alternative source if your main provider hits financial turbulence.

This is not a doom-and-gloom narrative. It’s a story of resilience, of weathering the storm, and emerging stronger. It’s about recognizing opportunities amidst adversity, shoring up your P&L, and seizing the chance to negotiate better pricing with your vendors. Many might be willing to partner with you to push through these challenging times in that way, and the worst thing that happens is they say no. That’s just good business practice, no matter the state of the industry. Always make sure you’re checking where every dollar is going, from your expenses to getting quotes on best prices.

So, in these uncertain times, let’s remember one thing: hope is not lost. Even in the face of contraction and economic downturn, there’s an opportunity for those vigilant and ready to adapt. And as we navigate this storm together, we can create a more resilient, more robust industry ready for a brighter future.

We are, after all, in this together.

 

Meg Sanders is CEO of Canna Provisions in Holyoke and Lee.

Cannabis

Improvement Needed

 

In its annual “State of the States” report, Americans for Safe Access (ASA) gave 13 state medical cannabis programs failing grades.

In the report, the ASA gave failing grades to Georgia, Idaho, Indiana, Kansas, Kentucky, Mississippi, Nebraska, North Carolina, South Carolina, Tennessee, Texas, Wisconsin, and Wyoming. Idaho and Nebraska, the last two states without medical cannabis access, both got a zero.

No state earned an A, but Connecticut, Illinois, Maryland, Michigan, and Rhode Island got the highest grade on the ASA report card, a B+.

Massachusetts earned a C+. According to the report, “medical cannabis sales in Massachusetts have reached almost $1 billion since the medical cannabis program was approved in 2018. Despite this promising sales number, Massachusetts did not make any noticeable improvements to the medical cannabis program in the past year.

“In 2023, ASA recommends that legislators in the state expand protections provided under the law for patients. As it stands, employment protections only exist through case law and should be formalized by the state Legislature. The Legislature should also seek to protect patients rights within housing, education, and family court as well.”

The ASA did commend Massachusetts for not requiring a fee with patient registrations and encourages policymakers to extend patient registrations to cover multi-year periods in order to cut down on administrative paperwork for patients.

According to patient feedback gathered for the Massachusetts report, “patients surveyed expressed concern regarding inflated pricing, a concentration on potential harm rather than potential benefits, and that the adult use/recreational market is undermining the medical market. They also reported a lack of pediatric access.”

While states continue to slowly adapt their laws to meet the needs of patients, the ASA noted, “we have noticed a big shift in states prioritizing adult use. Recreational adult-use programs and medical cannabis programs are not the same and should not be treated as such. A state may have both recreational, adult-use laws and medical cannabis laws, but those programs must remain separate in order to serve the distinct needs of the population. Cannabis patients rely on medical cannabis products for their health and well-being and should be treated as patients by the state — not as recreational consumers.”

This includes protections that may not exist in the recreational market, the report explained, such as excise and sales tax breaks on medical cannabis products, continued access to medical cannabis for minor patients, civil-rights protections for employment, housing, parental rights, and even alternative accessibility methods.

“Medical cannabis programs are essential to patient health and well-being and should be maintained and improved upon regardless of the legality of recreational adult use in the state,” the ASA argued. “While adult-use models can expand access to a larger population of people and may even increase the number of legal cannabis retailers, these systems and associated businesses are often not held to the same standards as authorized medical cannabis businesses.

“For example, laboratory testing of adult-use products may not have to undergo screening for the full array of heavy metals and contaminants that medical products require. It is also uncommon that states ask adult-use retailers to maintain staff competent about medical cannabis products or their applications to ensure patients have a trained advisor to consult with when they purchase medicine. It is critical to patient health that states maintain focus on addressing medical cannabis program challenges and patient needs before, during, and after developing adult-use programs.”

The ASA also gave grades to the medical cannabis programs of U.S. territories, such as the Commonwealth of the Northern Mariana Islands (D+), Guam (C-), Puerto Rico (D), and the Virgin Islands (D+).

According to a report by Ganjapreneur, “even in states with full medical cannabis programs, each state differs greatly in how patients can access their medicine, where they can access it, or even what types of products they can access.” Because medical cannabis remains prohibited federally, it added, “most state programs leave out millions of potential patients due to issues with affordability, patient rights, and civil protections, or product-safety standardization.”

The ASA gave no state a grade higher than a B+ because none of them “include the entire range of protections and rights that should be afforded to patients under the law, with some lagging far behind others.”

The ASA believes there are more than 6 million medical cannabis users in the U.S., which is about 1 million more than in its report from 2021.

Cannabis Special Coverage

Growth Pattern

Enlite co-owner Matt Yee

Enlite co-owner Matt Yee

From the start of cannabis legalization in Massachusetts, Northampton was one of the most receptive communities, streamlining the municipal regulatory process and initially setting no caps on licenses. Meanwhile, Springfield posed a more onerous process and set strict limits.

Enlite has experienced both, having opened its first dispensary in Northampton in late 2021 and is getting ready to open a second shop in Indian Orchard this year, Springfield’s fourth dispensary in all.

Matt Yee, one of Enlite’s owners, sees value for business owners in both models.

“Springfield was a longer process getting through special-use permit hearings. Northampton, in comparison, was very, very open and friendly to cannabis businesses, which created the amount of licenses we see here,” he explained. “So in some ways, [Springfield] has been difficult, but that difficulty also creates a bit of a barrier for competition to come in; there’s only a handful of active licenses in Springfield.”

The fact that Enlite is expanding at all is an accomplishment in an increasingly competitive marketplace, one that has exploded with new businesses to the point where the industry is starting to weather its first closures, including the Source in Northampton and Pleasantrees in Easthampton.

And Yee and his fellow owners — who include Matt Cutting, Peter Picknelly, and Nick Yee — aren’t done, with plans to apply for a third license, the maximum allowed by the state’s Cannabis Control Commission (CCC).

“Most customers are shopping with their phone prior to coming in with us, seeing what our menu looks like, seeing what our price points look like, and if they can’t find the specific product that they’re looking for, then they’re going to go somewhere else.”

“We’re still hunting for that third location,” Matt said. “That makes for a more profitable and healthy business model. It’s hard to exist with just one unit. And we chose Springfield because the location fills a niche of demand.”

Specifically, Indian Orchard borders two towns, Wilbraham and Ludlow, with moratoriums on dispensaries, he explained. “We’re very close to both of those. So we saw that location in Indian Orchard as a prime spot.”

Northampton shop’s location right off I-91

Enlite’s owners say the Northampton shop’s location right off I-91, rather than in the congested downtown, has been a plus.

When Enlite opened in Northampton a year and a half ago, Yee and his team saw potential, not only in the state’s legalization of cannabis, but Northampton’s embrace of it. It was the city’s eighth adult-use dispensary, a number which quickly bloomed to 11 and now sits at 10.

“So competition has definitely gone up. But competition is good, especially in this industry. Just like in my former industry, restaurants, competition benefits the customer at the end of the day.”

Considering the experience of the Yee family and Picknelly in that other challenging industry, and Cutting’s business background, the Enlite leadership team felt it had a good chance of success in cannabis, and so far they’ve been proven right. That’s not to say there haven’t been obstacles to overcome, but so far, Enlite is not only staying the course, but setting their sights … well, higher.

 

Rolling Along

Soon after Enlite opened, Yee told BusinessWest that the sheer number of cannabis businesses in Massachusetts — which now tops 265 retailers, in addition to cultivation, manufacturing, and wholesaling businesses — actually makes it easier for the best-equipped players to succeed, because of the cross-pollination. It’s why Enlite has adopted the model of many area dispensaries of partnering with boutique makers of cannabis products.

“We work with about 65 wholesalers right now,” he explained during BusinessWest’s recent visit. “We try to give priority to those who are producing local here in the Pioneer Valley, and also give priority to minority-owned, woman-owned, and veteran-owned companies, and participants in the social-equity program or the economic-empowerment program of the CCC. Anybody who checks those boxes and has a quality product, we definitely give priority to.”

A wide variety of products is key, he added. “We have about 450 to 500 items on the menu at any given time, which is a burden to control inventory-wise, but we have systems in place and experience with that well enough to handle all those SKUs and provide a wide selection to our customers.

“Most customers are shopping with their phone prior to coming in with us, seeing what our menu looks like, seeing what our price points look like, and if they can’t find the specific product that they’re looking for, then they’re going to go somewhere else,” Yee went on. “Our mentality is, if they can find the item here and maybe try some new items too, then they’ll become a repeat customer with us.”

“To kind of wade through the chaff and find the quality product at the right price point that the customer will enjoy can be a little overwhelming.”

He said many customers settle into buying favorite brands, but still appreciate variety.

“Five years ago, there weren’t very many brands, and quality wasn’t the highest, but now, with the level of competition we’re seeing in the wholesale market, there are brands that are definitely excelling. We have a couple of brands in-house that are excellent performers, and people come back for more.”

With competition forcing retail cannabis prices down to five-year lows in Massachusetts, Yee said his time in the restaurant world, where stiff competition also challenges profit margins, has taught him the value of customer service, as well as product knowledge and customer engagement — all factors that make the experience easier and more enjoyable, especially newcomers to the cannabis world. “That’s something we really pride ourselves on and strive for.”

The other differentiating factor is location — not just the strategic second location in Indian Orchard, where competition in the immediate environs is low, but in Northampton, where the flagship store sits right off the Coolidge Bridge rotary.

“Everybody’s kind of congested in the downtown area, which makes it far more difficult because somebody could just walk next door and find a cheaper price and buy there,” he said. “Here, with our location, situated right by the bridge and off the highway, we provide a convenience for people. It’s easy in, easy out, with plenty of parking that’s tough to find downtown. Our consumers want convenience, so that’s the other aspect we try to excel at.”

 

Highs and Lows

That said, Yee was quick to stress that captivating an audience and generating repeat customers is a constant focus, not something Enlite takes for granted.

“I think the other challenging aspect is the amount of wholesale product that’s becoming available on the market,” he explained. “Something I buy this month may be far less expensive two months from now, which would mean another retailer might pick it up for that price point and sell it for that price. So we’re seeing constant fluctuations in the price points of the wholesale product.

“That, along with the sheer amount of wholesalers that are knocking on our door and calling our phone, is pretty overwhelming,” he went on. “To kind of wade through the chaff and find the quality product at the right price point that the customer will enjoy can be a little overwhelming.”

Some cannabis-industry observers have commented on the experience of other states that followed a similar pattern to what’s happening in Massachusetts — exploding competition sends prices plummeting, and many operators focus on competing on price above all else, including quality and customer experience.

“We’ve always been conscious about that. We’re not trying to race to the bottom,” Yee said. “There are some operators here in Northampton who are dropping their prices, and all the other operators are forced to match those prices, which is difficult. But maintaining a healthy economy here in the Western Mass. market is something that we think about a lot. We’re not trying to drive the prices down too low and hurt everybody’s margin. There are definitely some players in town who are playing that game.”

Enlite will be the second minority-owned dispensary in Springfield, after Six Brick’s, which opened in September 2022. Enlite’s Northampton site was also the state’s first Minority Business Enterprise (MBE) applicant to open its doors, and Yee said the process of getting into the industry is still laden with minefields, especially for smaller entities.

“It’s definitely difficult. The requirements to get through the licensing procedure and then the buildout, inspections, and final licenses … it’s strenuous, and a lot of that knowledge is unknown to those smaller operators,” he explained. “So a lot of money can be burned just going through that painful process and experiencing that learning curve. And for those smaller operators who don’t have the capital of the big, multi-state operators or well-capitalized groups, that can be very difficult and sometimes detrimental to the business.”

As Enlite grows and expands, Yee said he’s still learning new things all the time, whether it’s a new product — from fast-acting edibles to new beverage lines — or a new market opportunity. “There’s something new coming out every month, it seems, and the customers are being introduced to those products with us.”

 

Business in Bloom

Yee has said Enlite’s biggest competitor is the black market, but analysts have pointed out that the leveling out of prices in the legal cannabis market may mitigate the illicit market’s advantage somewhat — while bringing on a whole new set of headaches in an industry where profits are already very tight due to onerous taxes.

He hopes, as consumers find more options in their price range, that stores that focus on quality, education, and customer experience will maintain an edge. And he said dealing with those customers, and hearing their stories, is his favorite part of the job.

“On a daily basis, we have first-time consumers come in, curious about cannabis and wanting to learn more. I have so many stories of first-time consumers coming back in and saying, ‘wow, that really helped me. That got me to go to bed more regularly. I got more sleep. I’m less stressed out. I have more fun with my kids — thousands of stories like that.

“Every day, somebody comes in, and we have a great conversation, and we can introduce them to a new product that they didn’t know existed, and we’ll see them back here a couple of days later. And there are still a lot of people who are just wading into this industry and finding these products.”

And finding them at a shop that continues to navigate an ever-changing, always-challenging landscape for business owners, with not just survival in mind, but continued growth.

Cannabis

Beyond ‘If You Build It, They Will Come’

By Meg Sanders

 

The local cannabis industry is overflowing with weed.

The Massachusetts Cannabis Control Commission’s open data platform reports 95 cultivators were operational and licensed as of Dec. 8, 2022. Hot on those heels, another 180 provisional licensees are seeking approval that would bring the state up to somewhere around 3.6 million to 4.98 million square feet of canopy for flower cultivation within the Bay State cannabis market’s roughly 250 cannabis stores. 

If your operating and business plan is based on an outlook written for investors in the previous presidential administration, or during the halcyon days of the great green rush of the past, it’s time to face the truth: Massachusetts is well beyond the point of “if you build it, they will come.” 

So those Massachusetts cannabis businesses still in the queue or just getting open need to revisit their market overviews for investors and operators. They need to do so today. Not tomorrow, not if a market event happens — right now.

“Those Massachusetts cannabis businesses still in the queue or just getting open need to revisit their market overviews for investors and operators. They need to do so today. Not tomorrow, not if a market event happens — right now.”

Meg Sanders

Meg Sanders

Take a very hard look at what needs to be rethought, or what needs to be immediately addressed, in regard to budgeting, SOPs, and overall market impact strategies for launch — and for long-term survival. Roughly 37% of all cannabis operators in the U.S. are not profitable, and too many businesses are unaware they are launching only to be licensed to lose money and fail.

For Massachusetts, the danger zone is already here. 

 

New Markets = New Consumers

As more retailers and brands emerge online, operators just now getting their operational licenses are typically doing so using plans they wrote when originally fundraising months or years back, often without taking into account how business plans and projections need to be tweaked, updated, or overhauled in the realities of the Massachusetts cannabis industry in 2023.

Canna Provisions is the ninth-largest independent cannabis company in the Commonwealth, has won multiple ‘Best Dispensary’ awards for selection and customer service, and has been named one of the best companies to work for in the nationwide industry. And even we are reworking our plans. 

Surviving the current market constriction and correction from the imbalance of supply and demand — something that has happened in other markets that came online, though it arrived faster here in Massachusetts — is a challenge of smart maneuvering and business forecasting. Ultimately, those businesses with clear eyes, that are as responsible with every dollar moving in and out of the business, will be the ones that make it out. That’s also why, to me, 2023 isn’t all doom and gloom, despite the headlines. 

Price compression has been on the industry’s collective mind for the past year, which makes it all the more important to create new strategies at the retail level. Differentiation for brands will come down to matters of quality of product, a consistent and predictable retail experience, and the education level of the consumer. 

What we know for sure, as seen from my experience in cannabis stretching back to the dawn of the legalized market in Colorado more than a decade ago, is that, when new markets flanking legalized states come online, it helps everyone in the existing legal retail market. But ultimately, the ones that really come out ahead are those with a key differentiating advantage and a realistic, thoughtful approach to the business. Many small first-time operators do not have the forward-looking business modeling abilities needed in the current market, especially when their average day-to-day will be spent just trying to stay afloat. 

 

Smart Business Savvy Is the Key to Success

As experience has shown, the sky doesn’t fall in an existing market when competition is tight and the supply is in surplus, but businesses do need to be responsible. For those that need a reminder, thanks to IRS Code 280E, the effective tax rate for cannabis companies is roughly 70%. Meanwhile, cannabis companies cannot deduct normal business expenditures. Our three biggest line items, in order, are inventory, payroll, and taxes (the statewide total collected for 2022 was roughly $284 million, to paint the picture).

“Surviving the current market constriction and correction from the imbalance of supply and demand — something that has happened in other markets that came online, though it arrived faster here in Massachusetts — is a challenge of smart maneuvering and business forecasting.”

In some instances, the towns themselves are waking up to the runaway nature of the market glut. Last month, Northampton city councilors set a new limit on local cannabis dispensaries allowed to open (capped at 12 retail locations now) for a municipality noted for having the most licensed dispensaries in the state. 

Even with our collective experience in retail cannabis operations and strategy, it’s still a massive challenge to make it work with so many ways our hands are tied or restricted compared to traditional industries. When the revenue numbers generated by legal cannabis in the state seem to defy the crunch-time feeling of the market, all businesses and consumers need to remember the lion’s share goes directly to the government instead of back to the business. That’s another reason why it’s important to be more careful than ever about how and where dollars are spent, and how we are utilizing the investor capital we raise for our ongoing expansion and scaling plans.

 

Best by Definition

Competition is already at a fever pitch in the state, and in cannabis, getting there first sometimes just makes you best by definition in the market’s eyes. At the retail level, look at any new cannabis state — say, New York — and what happens when the first stores open: lines around the block and product (or what variety there is at first) flying off shelves at steep prices that make investors smile and consumers wince. But when the market becomes more savvy and educated about the products and value system of a brand-new industry, first is no longer best. 

As challenging as this time and sector is, it’s as important for the turbulent tenor of the day to subside as much as it is important for it to simply succeed at a functional level. In fact, it must succeed for the greater industry to thrive.

There is no shortage of stories about widespread layoffs and restructuring for asset consolidation on a large scale with bigger companies, primarily multi-state operators (MSOs). But in comparison to the trials of new, very small operators that found it a matter of survival just to get to the doors-open phase, MSOs have it much easier. They can bleed money in a way small independent shops cannot. If they have operational experience already, they may still not have the ability to see the forest through the trees if they are not actively responding to the business climate of an ever-changing, statewide industry.

You will need more money — from either increased sales or investor dollars for market expansion. There will continually be massive restrictive aspects to operating as long as no new banking reform measures or full-scale legalization measures are enacted. So plan on enduring such aspects as much as you should plan to be noble and focus on what is a differentiating aspect of your business.

And don’t plan on having a future in the business until you get your business plan reflective of the industry we have versus the one we want. For those new or inexperienced operators that don’t get those lessons under their belt, theirs will be a back aching for the lash of “don’t say you weren’t warned.”

 

Meg Sanders is the CEO of Canna Provisions, which operates cannabis dispensaries in Holyoke and Lee.

Cannabis Special Coverage

After the Green Rush

The numbers are impressive, to be sure.

Adult-use cannabis shops in Massachusetts posted close to $1.5 billion in sales in 2022, up from $1.33 billion in 2021. Since recreational sales began in late 2018, the total figure is closing in on $4 billion.

That’s a big pie.

The problem, for the hundreds of dispensaries already open and many more at various stages of planning and development, is that each slice of that pie is getting smaller. As a result, prices are crashing, with some products selling for half of what they did a year or two ago.

That’s great for cannabis consumers. For businesses? Not so much.

But it’s not an unexpected development, not is it any sort of crisis, said Michael Kusek, publisher of Different Leaf magazine and one of the nation’s leading experts on the cannabis industry. But it’s certainly a challenge, one that promises to weed out some of the current players.

“You can’t solve the overabundance of product in the marketplace by transferring it to another market,” Kusek told BusinessWest. “You can’t make the product go away, so the price bottoms out. This has happened in every other market, so it’s not a shock.”

It will, however, require business owners to think smarter, focusing on quality, the customer experience, and other ways of differentiating themselves in an increasingly crowded marketplace. And the situation already has municipalities revisiting old concerns about a saturated market.

Northampton, where one of the city’s 12 dispensaries, the Source on Pleasant Street, recently closed, is the most notable case, as its City Council voted 6-3 last month to cap the number of retail cannabis shops at 12 going forward.

At press time, Northampton Mayor Gina-Louise Sciarra said she would not sign off on the cap, but with a two-thirds vote of the City Council needed to overcome any veto, the measure will likely still become law.

“We are not anti-business,” Councilor Marianne LaBarge said before the vote, as reported by the Shoestring. “We have a job, and we have heard from so many people to place a cap.”

Some residents at a hearing days before the vote expressed concerns about the impact of so many cannabis shops on the city’s youth, while councilors like LaBarge said they want to protect existing businesses from being crowded out.

Council President Jim Nash, one of the dissenters, said he favored a cap when recreational cannabis first became legal, but now believes the maturing marketplace is providing a natural cap, as evidenced by the Source’s closing and declining sales at other shops. He argues as much in a recent column in the Daily Hampshire Gazette, co-written with former City Councilor Dennis Bidwell.

“Since when does local government step in to protect the bottom line of existing businesses by excluding the entry of competition?” they wrote. “We don’t do that for beauty salons or pharmacies or anything else. It’s one thing to put a cap in place in the early stages of an industry’s development, before anyone has opened their doors. It’s another thing entirely to enact a cap that would freeze the market where it is, prohibiting further competition.”

What isn’t up for debate is that it’s getting tougher to turn a profit in an industry that’s already taxed about 70% and can’t claim many normal deductions. That reality, plus an ever-more-competitive marketplace, both inside Massachusetts and from surrounding states, is creating an environment that’s not unexpected for those who have followed the industry’s maturation in other states.

“So many people think, ‘if I get a license, I’m going to be a kajillionaire.’ Sorry, that’s not the case. If you’re in it because of the money, it’s going to be a tough road for you.”

People like Meg Sanders, CEO of Canna Provisions in Holyoke and Lee, who was in Colorado when that state, one of two, along with Washington, to pioneer legal adult-use cannabis in 2012, experienced its own ‘green rush,’ with a quickly saturated market causing prices to plummet. What Massachusetts cannabis businesses need to do, she said, is to focus on differentiating themselves in the right ways (see story on page 35).

“I think it’s going to be a painful year, but a necessary year. Honestly, it’s important,” she said. “So many people think, ‘if I get a license, I’m going to be a kajillionaire.’ Sorry, that’s not the case. If you’re in it because of the money, it’s going to be a tough road for you. We believe money is a byproduct, not a goal. We believe in running a good business, a responsible business, serving customers thoughtfully and respectfully and providing an amazing experience with lots of options on the menu. A cannabis purchase should be fun.”

Certainly more fun than selling the product at a time when economic realities in the industry are dramatically shifting.

 

Growth Potential

There’s no doubt that legal cannabis has been a boon to not only sellers, growers, and manufacturers, but to state and local coffers. Massachusetts imposes a 10.75% excise tax on purchases, while recreational cannabis purchases are also subject to the state’s 6.25% sales tax, and most municipalities levy 3% more.

David O’Brien, the president of the Massachusetts Cannabis Business Assoc., recently told the Boston Globe that the industry will remain strong despite its current challenges.

“Legalization has brought about change people can see. You can see it in the tax revenue, in the jobs that have been filled, in the dispensary storefronts that used to be empty, in the old warehouses that now host manufacturing companies — it’s all growth, it’s all progress, and the sky did not fall.”

Michael Kusek

Michael Kusek says the cannabis industry’s tightening profits are a natural evolution that has occurred in other states.

As for those jobs, about 22,000 workers were authorized by the state to work at licensed cannabis facilities as of December, making it an attractive field to enter, Kusek said. “Once they get a little experience under their belt, they’re infinitely more marketable. Head growers are making $100,000 to $120,000 a year.”

The problem, he noted, is that players coming into the market now are dealing with product prices that are much different than when they established their first business plans. And the regulatory hoops remain challenging in many cases, as is the decision of where to locate: in a community with limited licenses that are difficult to secure, or a community with a more laissez-faire approach, but also, as a result, much higher competition?

“I just talked to a couple of lawyers, and they’re not working as many licenses as they were two years ago,” Kusek said, and there could be several reasons for this, foremost being access to capital, which is still limited because most banks won’t lend for cannabis enterprises.

“If they can’t access capital, they’re forced to shoulder the ups and downs of the industry by daily revenues,” he added. “If you open a successful restaurant and want to open a second location, you can go back and get a loan to do that. If you want to open a second cannabis location to sell all this product you have, you can’t easily do it.”

“Regular businesses still get normal deductions, but we can’t deduct anything except the cost of goods. That creates a real challenge for overall profitability and cash flow.”

Meanwhile, cannabis investors in the Northeast are increasingly looking to what Kusek calls “the shiny new object” — New York, where shops started selling legal recreational cannabis just a few weeks ago. “That’s where the capital is going, which starves out the businesses we have here.”

And when capital dries up, it’s the mom-and-pop entrepreneurs that suffer, as well as social-equity candidates.

“The companies that operate in multiple states have more of a cushion; they can continue to roll forward,” Kusek said. “Who’s going to get hurt by this [competition]? People who have been trying to get a license for a long time. This just makes it harder for them if they didn’t get more of a leg up in the beginning.”

Sanders said the businesses that survive, both those currently operating and those just setting up shop, will be those that “hunker down a little bit and are super thoughtful with every dollar.”

“This is a business that has zero deductibility, except the cost of goods,” she added. “We have to be way more careful than any other business going through this recession. Those regular businesses still get normal deductions, but we can’t deduct anything except the cost of goods. That creates a real challenge for overall profitability and cash flow.”

Without examples from other states to consult, Sanders recalled, Colorado was immediately saturated, prices cratered, and the market became what she called “a race to the bottom,” with price trumping everything. “But as things got more sophisticated in Colorado, a lot of good operators started telling compelling stories about why you should spend money with this dispensary rather than that dispensary.”

That’s why she focuses on the stories behind Canna’s products and also on giving back to the communities in which she operates.

“Businesses need to be as lean as possible and as thoughtful as possible, and make sure you’re telling a compelling story about why people should buy your brand.”

 

Legitimate Concerns

In their recent column, Nash and Bidwell argued that public-safety and public-health concerns that motivated discussion about a cap on dispensaries in Northampton five years ago have not come to pass.

“There is, and always will be, an underground market for unregulated, uninspected marijuana. This black market is fraught with crime and suspect product,” they wrote. “The availability of legal marijuana puts a dent in this market, tilting the share of sales toward legal purchase rather than black-market ones. To the extent the market allows, additional regulated cannabis retail outlets will further reduce the use of unregulated, dangerous cannabis.”

And falling prices in legal shops may entice many long-time black-market customers to try different types of strains and products, Kusek said. “As prices come down, people will try and buy more. This is great for consumers; in some circumstances, it costs half of what it did. For consumers, that’s great.”

That’s even more true for medical users, he added, as they tend to be more price-sensitive than recreational users, since they often have to maintain regular usage with finite resources, since insurance won’t cover the product.

“This is still a young market, and consumers are still developing their preferences. It’s only been a couple of years, and people will develop brand loyalty and particular consumption methods, and they will spend their money to get those particular brands or products.”

Kusek agreed with Sanders that product quality is important, especially as consumers are still discovering what they like.

“This is still a young market, and consumers are still developing their preferences,” he told BusinessWest. “It’s only been a couple of years, and people will develop brand loyalty and particular consumption methods, and they will spend their money to get those particular brands or products. That will come over time.”

Kusek also believes the consumer base has room to broaden.

“People become cannabis consumers for a wide variety of reasons. We have a medical market and people for whom cannabis is a significant part of their medical treatment, and you have more people coming into the market and exploring cannabis for treating pain and sleeplessness. Those people are always going to be coming into the market, as well as people who are curious about it.

“I think one of the challenges in cannabis is connecting and finding consumers; with each new market that comes online, you get the people who are curious, or who are coming back to cannabis after not using it for a long time, people whose life circumstances have changed. There will always be new consumers.”

In other words, it may be a tougher business to navigate than when there were only a few dozen shops open in Massachusetts, but it’s still a dynamic field.

As Kusek put it, “it’s never dull, that’s for sure.”

Cannabis Special Coverage

Cannabis in Flux

Aaron Vega

Aaron Vega says cannabis has been a definite economic driver in Holyoke’s downtown and canal district.

 

According to the Cannabis Control Commission (CCC), legal marijuana is now an annual $3 billion business in Massachusetts.

The communities that have embraced it from the beginning, like Holyoke, can attest to cannabis as an economic driver in terms of commercial real estate, jobs, and other opportunities. The city now has four dispensaries, three grow facilities, and a testing lab up and running, with dozens of other applications at various stages of the permitting process — a process, city Planning & Economic Development Director Aaron Vega said, that was always intended to be easy to navigate.

“This community voted in favor. The mayor was in favor. As a state representative, I was in favor. And we didn’t want to make it more difficult. It was challenging enough with the regulations coming down from the state. We saw this as an industry that could take over some vacant and underutilized buildings, and that’s what informed how we went forward.”

That has indeed occurred. “We’re very excited about the investment that has happened — tens of millions invested in these downtown buildings because of cannabis, and 500 jobs that didn’t exist three years ago,” Vega said, noting that the cannabis enterprises themselves aren’t an endgame, but a way to spur even more investment.

“What do you do with 500 people? You make sure they’re going to your concerts, going to your restaurants and events, utilizing your local food trucks. And then there’s the ancillary businesses to the cannabis industry; how do we lure them to the city and make it even more beneficial for companies to do business in Holyoke?”

Other cities and towns have, to varying degrees, told similar stories. But the host-community agreements they’ve put forward have not always been well-received, and that was one of several issues addressed last month by a multi-faceted cannabis bill passed overwhelmingly by the state Senate and House of Representatives and signed into law by Gov. Charlie Baker.

“We saw this as an industry that could take over some vacant and underutilized buildings, and that’s what informed how we went forward.”

Among its main elements, the law clarifies the host-community agreement (HCA) process by authorizing the CCC to prioritize social-equity program businesses and economic-empowerment priority applicants for expedited review.

It also clarifies the scope of HCAs and adds new criteria, mandating that no host-community agreement can include a community impact fee that is beyond the business’s eighth year of operation, the community-impact fee must be reasonably related to the actual costs required to operate a cannabis business in a community, the CCC must review and approve each HCA as part of the license application and renewal process, and all host communities must establish procedures and policies to encourage full participation in the regulated marijuana industry by people from communities that have been disproportionately harmed by marijuana prohibition and enforcement.

“Communities of color across our country have historically been criminalized, prosecuted, and left out of the conversation in regards to cannabis legalization,” state Sen. Adam Gomez said. “When cannabis was legalized in Massachusetts, those same communities continued to be barred from the conversation table and left behind, with historic barriers preventing them from growing small businesses in meaningful ways. The legislation passed by the legislature will remove those barriers.”

The law also expedites the expungement process, Gomez noted. For individuals seeking to expunge a record for previous offenses that are now decriminalized, the law requires the court to order the expungement of the record within 30 days of the request and expunge records for possession or distribution of marijuana based on the now-legal amount.

“It is incomprehensible that anyone who was charged with a marijuana-related offense still has that on their record in our state, especially when you can drive down the street to a dispensary to buy the same product that that person was arrested for,” Gomez said. “I was proud to support this legislation and can’t wait to see cannabis businesses run by BIPOC owners flourish as a result.”

 

Growing Pains

The law makes other major changes as well, including a clarification of the local social-consumption approval process.

The advent of what’s known as cannabis cafés will give renters, public housing tenants, and tourists a legal place to use a legal substance. Under this legislation, a city or town may allow for social consumption sites through the passage of a bylaw or ordinance.

The legislation also creates a trust fund to make grants and loans to social-equity program participants and economic-empowerment priority applicants, which will give entrepreneurs from communities that have been disproportionately harmed by marijuana prohibition and enforcement better access to grants and loans to get their businesses off the ground.

In addition, 15% of the revenue collected from the sale of marijuana and marijuana products must be transferred to the Cannabis Social Equity Trust Fund, which will be administered by the Executive Office of Housing and Economic Development in consultation with a newly created Cannabis Social Equity Advisory Board.

“It is incomprehensible that anyone who was charged with a marijuana-related offense still has that on their record in our state, especially when you can drive down the street to a dispensary to buy the same product that that person was arrested for.”

“This legislation will create a more equitable cannabis industry in the Commonwealth,” said state Sen. Jo Comerford, noting that lawmakers “approached this issue with expertise and compassion, and the resulting bill will bring more diversity and equity to this industry.”

House Speaker Ronald Mariano added that “the passage of this legislation will help to ensure that those who have been historically impacted by marijuana prohibition can find new opportunity in the emerging industry. This legislation will help to support folks who have faced generations of inequality secure the needed capital to launch a cannabis business.”

The loan fund highlights one of the challenges of starting a business that’s technically illegal under federal law. Although there have been rumblings that the U.S. Congress could move to decriminalize cannabis and open up traditional financing to such businesses, nothing has been done so far.

“It’s still a hard-money business,” said Tim Sheehan, chief Development officer for the city of Springfield, and that affects both entrepreneurs and property owners. “That’s challenging from a real-estate standpoint. If that were to change, it would provide a more stabilized financial underpinning for the industry itself, and obviously, that would translate into folks that have space feeling far more comfortable in terms of the security they have relative to leasing and everything else. It would be accepted in the mainstream financial market.”

While Springfield didn’t embrace cannabis in the unfettered way Holyoke did — the city has put forward two rounds of retail applications and one for a grow facility, but that project, by Page Cultivate LLC in East Springfield, was derailed by the City Council in May over a site-plan change and other concerns — many of its leaders recognize the economic value of the burgeoning industry.

“Once it was legalized, there was clearly a focus on it becoming an economic benefit for the city,” Sheehan said. “Much like when gaming was legalized, we looked to see what the economic potential of the cannabis industry would be relative to both city finances and economic impact in terms of the marketplace.

“Much like when gaming was legalized, we looked to see what the economic potential of the cannabis industry would be relative to both city finances and economic impact in terms of the marketplace.”

“Obviously, the industry has had an impact on storefront and warehouse space, and I would quantify that as a positive impact,” he went on, adding that it remains to be seen what kind of impact the cannabis trade will have on the surrounding residential real-estate market.

“Caution is the watchword. As an industry, it remains to be seen what the saturation point is, and I really think that needs to be factored in through the process with regard to how many of these establishments you’re going to allow, whether it be a grow facility or how many retail establishments you’re going to allow. There is a limited market.”

 

In the Weeds

The cannabis industry’s potential is still unknown, though the early results in terms of new businesses, tax revenues to communities, and jobs have been positive.

But Sheehan is right that no one really knows what the saturation point is, if there is one. And the Legislature’s sprawling cannabis bill last month was an admission that plenty about the permitting process — especially for traditionally disenfranchised communities — needs to be addressed.

As Senate President Karen Spilka put it, “I am thrilled we were able to reach a deal on this bill, which will take meaningful steps toward ensuring communities who have historically been harmed by marijuana criminalization can access resources to enter this industry.”

 

Joseph Bednar can be reached at [email protected]

Cannabis

The State of the Industry

Michael Kusek

Michael Kusek says the cannabis industry is in what he calls “a first bout of growing pains.”

“Our first bout of growing pains.”

That’s the phrase Michael Kusek summoned after being asked to describe the state of the cannabis industry in the Bay State more than five and a half years after its start.

“We’re still very much in the early stages of this industry,” said Kusek, who launched the quarterly publication A Different Leaf, with the subtitle ‘A Journal of Cannabis Culture’ to essentially chronicle this business and tell the many stories that define it. “It took over a year to sell the first billion-dollars-worth of cannabis, and then it took eight months to sell the second billion. Those billions are going to come faster; the market isn’t shrinking, it’s just being spread out over more locations.”

Elaborating, he said the numbers of dispensaries and other kinds of businesses is growing rapidly and profoundly, and soon — how soon remains to be seen — there will come an answer to the question ‘how many of these is too many?’

“Competition has come to the market — quickly,” he explained. “In some places, dispensaries that were the only game in town — those that had first-mover advantage — are no longer the only game in town. That has come quickly as the Cannabis Control Commission has become faster and more efficient at licensing businesses.”

Meanwhile, there will soon be more competition from other states, including New York and New Jersey, which will likely have their first dispensaries by the end of this year, developments that will certainly impact regions like the Berkshires. And there will be companies based in other parts of the country that will want to enter this state and likely partner with existing ventures to do so, he said, adding that all these factors go into that phrase ‘growing pains.’

Overall, the state’s cannabis business continues to grow, evolve, and influence the regional economy in many different ways, said Kusek, listing everything from the profound impact on commercial real estate, with dozens of formerly vacant or underutilized properties finding new life as homes to different kinds of cannabis businesses, to the introduction of new kinds of ventures, such as home delivery (see related story, page 20) and social-consumption sites, to the infusion of tax revenue from these various ventures.

And the stories in the latest edition of the publication — the Spring 2022 ‘Cannabis and Culture’ issue — speak to all this. They punctuate how the industry is evolving and influencing the region, and how there are many subplots to the larger story. Indeed, there’s a piece about how the cannabis industry can help cities and towns like Holyoke revitalize their economy. There’s another piece, in the ‘how-to section’ where experts talk about communicating with children about cannabis use. And then, there’s a story about entrepreneurs Phillipe and Ashlan Cousteau about their new line of “ocean-infused” cannabis products.

The past several issues and the one coming next provide more insight: winter 2021 was the ‘medical issue,’ while fall 2021 was the ‘annual’ (the third) ‘Edibles Issue.’ The summer issue, meanwhile will be the first devoted to ‘cannabis travel and tourism,’ said Kusek, noting that he’s always wanted to do one of these, but couldn’t until COVID subsided sufficiently.

“This is the first summer we thought we could do travel and tourism,” he said, adding that the issue will include pieces on traveling with cannabis — what’s legal and what isn’t, according to the Transportation Safety Administration; cannabis spas; and a broad piece on just what is cannabis tourism.

“There’s two ways of looking at it,” he explained. “People are going to destinations where there is cannabis, and that’s why they’re going there, places like Jamaica, where they may be able to visit a cannabis farm. Or, if people are traveling in California, they may want to visit dispensaries — like a brewery tour; cannabis becomes the destination.”

While cannabis is certainly changing the local and national landscape — literally and also figuratively — the overarching questions are: ‘what’s next?’ and ‘how big can this industry become?’

In a candid interview, Kusek, whose magazine is now national in scope but still pays close attention to what’s happening in this region and the Commonwealth as a whole, provided some perspective on the state of this emerging sector and what we can expect in the months and years to come.

 

Where There’s Smoke …

Kusek said there has been considerable change in the landscape since the cannabis industry was born in 2016, and also since BusinessWest last spoke with him, just as he was launching A Different Leaf in the summer of 2019.

Perhaps the biggest change, and this has led to more competition, has been quicker action on the part of the CCC when it comes to issuing licenses.

“Early on, the commission was taking their first tentative steps toward licensing, and licensed very slowly, from 2018 on,” he explained. “They were not licensing dozens a week; it was in the single digits. And that created some tension within the pool of people waiting for licenses, and there were many kinds of businesses within that pool of applicants — locally grown companies, businesses coming into Massachusetts from other states — MSOs (multi-state operators), and a pool of applicants under the social-equity provisions of the law.
“The state was not speedy in granting licenses, and you had a fair number of businesses who burned through their capital waiting for licenses. It’s not like opening a restaurant, where you find a space, and you rent it, and you go to the town and you get your food permits and then you acquire a liquor license; it could take a while, but it’s not that long a process,” he went on. “With cannabis, early on, you had people who had to rent a storefront, because you needed a license to get the host-community agreement with your town. There are people I talked with who had their host-community agreements and had rented a building, and they never opened their doors til three years later.”

He said there are more than a few examples of entrepreneurs who burned through their money, with an emphasis on their money, because one cannot get bank financing for such businesses, because cannabis is still illegal federally. But the situation is improving, he noted, and this is leading to more ventures opening their doors, thus changing the competitive landscape, at least in some communities.

Indeed, there are several cities and towns where cannabis has a huge presence and large impact on the local economy — Holyoke, Northampton, and Easthampton are on that list — and others where it has little if any, such as West Springfield, where a moratorium on such businesses still exists. Many lie somewhere in the middle, he said, adding that their status depends largely on how ‘friendly’ these communities are to the industry.

The varying degrees of friendliness leave entrepreneurs with some choices, said Kusek, adding that they may choose to wage a more difficult campaign to locate in a community where there are few such businesses, or choose to join the growing number of players in communities like Northampton.

“Do you try your luck with the city of Springfield and burn through all of your money on rent, or do you go to Northampton, where you can get a host-community agreement and hopefully get through the state process much quicker, and at least get your doors open?” Kusek asked rhetorically. “You may not make a dollar, but you might make 50 cents.”

Another interesting dynamic was the state’s willingness to grant licenses to dispensaries, but not to the cultivators that would provide product to those facilities, said Kusek, adding that over the past few years, it has essentially caught up, meaning that there is now both more competition and more product.

“In the fall and winter of 2021, I had more than a half-dozen phone calls from people asking me if I knew where they could buy flower — if I knew anyone who had cannabis flower to sell wholesale,” he explained. “I don’t grow cannabis, I don’t sell cannabis, I write about cannabis. But the marketplace was so tight, and people were having such a hard time finding product, they were calling people like me looking for product. That has stopped happening.”

And that is just one of the many developments contributing to the growth and evolution of the industry, adding that as the sector emerges here, takes root in other states, and becomes more national in scope and reach, there will be many fronts to watch.

These include the ongoing debate about whether to make cannabis legal on a federal basis, what Kusek calls “the next big shoe to drop,” because of the huge implications of such a development — on everything from inter-state commerce to use of the banking system and all those ramifications — should it come to pass and how it might come to pass.

“There are lots of competing and complementary interests helping to develop legislation, and there are advocates for smaller businesses who don’t want this legislation to be dominated by MSOs or Big Tobacco, or InBev, or whoever else wants to get into the cannabis industry when it becomes federally legal,” he explained, adding that it will be a very complicated process to take the regulations put in place by the three dozen or so states that have legalized medical or adult-use cannabis, and overlay that with federal policy. “They don’t want the federal regulations to squash small business, and they don’t want federal regulations to squash social-equity provisions at the state level.”

Overall, he said this White House has not made legalizing cannabis a priority, and he does not expect that to change anytime soon, although he certainly leaves the door open to that eventuality.

 

Joint Ventures

In the meantime, the local landscape continues to change, with new businesses, new business types, such as delivery and social-consumption sites (which Kusek predicts will be the next ‘big thing’), brands developing their identities, businesses identifying customers, and much more.

Kusek said these are all contributing to growing pains, which, overall, are a good thing to have. They convey that a sector is expanding and evolving, so much so that the growth and evolution are creating issues, and, in his case, things to write about it.

There will be no shortage of such things for the foreseeable future, which is good for Kusek, and very good for an industry that is, in most all ways, very much in its infancy.

Cannabis Special Coverage

Delivering on Business Promise

partners in Budzee.

From left, Kevin Perrier, Volkan Polatol, and Erza Parzybok, partners in Budzee.

Volkan Polatol didn’t actually speak the words, but he strongly implied them: ‘If this was easy, then everyone would do it. Or at least try.’

The ‘it,’ in this case, is delivery of cannabis products — Amazon-style. Polatol, teaming with Kevin Perrier and Ezra Parzybok in a venture called Budzee, has created such a service, believed to be one of the very few in this region, and the country, for that matter.

As the partners talked about their business, they addressed that logical question about why they are the first and why there are not more ventures addressing what appears to be a logical need within the marketplace.

And the simple answer is that this isn’t as easy as it looks. And it doesn’t even look easy.

Indeed, there are complex licensing issues to overcome, software programs to develop, logistics, myriad expenses — from buying dedicated, unmarked vehicles to outfitting them with special equipment, to staffing each vehicle with two people (one of many requirements to be followed). And now, gas costs more than $5 a gallon.

“All of this is incredibly expensive, and it’s very difficult; we had to create the model,” said Polatol, who summed it all up by saying that a roadmap had to be in place for such a unique venture.

Parzybok agreed, and elaborated — on the many challenges facing this venture and all businesses in the cannabis sector.

“There’s a strain put on these businesses when the state invents all these rules that make it difficult to run a smooth, profitable business,” he explained. “The rules for cannabis are more strict than for pharmacies that sell opioids; they’re more strict than those for the delivery trucks that deliver alcohol. All that costs money.”

The partners who created Budzee, all veterans of this industry in one capacity or another, have chosen to take on all these challenges — they opened their doors this past spring. And that’s because, despite all these hurdles and expenses, they see real need for what they’re doing. They also see a path to profitability — not right away, but certainly some day, and perhaps soon as word of their venture grows and more people decide that it’s easier to have cannabis products delivered to their door than it is to travel to an area dispensary.

“There are people who can’t drive to a dispensary,” said Polatol. “Meanwhile, even though cannabis is legal in this state, there is still a stigma out there; some people don’t want to be seen in dispensaries. There’s still a great many people who want to be home, and they like the convenience of things being delivered to them.”

“There’s a strain put on these businesses when the state invents all these rules that make it difficult to run a smooth, profitable business. The rules for cannabis are more strict than for pharmacies that sell opioids; they’re more strict than those for the delivery trucks that deliver alcohol. All that costs money.”

And that brings the partners, who have invested more than $1.2 million to move Budzee off the drawing board, to the major challenge that remains for them — educating the public about this service and the convenience it brings.

“There’s considerable work to do to educate the public about this,” said Polatol, adding these efforts are ongoing. “Once we get established, people will understand; there are so many non-cannabis models out there — from Domino’s Pizza to Amazon. Once they understand it, it clicks. To get it out there, though, will require marketing, marketing, and more marketing.”

Parzybok agreed, and said that in time, consumers will come to understand, appreciate, and embrace the convenience just as they have in many other industries where home delivery has become an important part of the business model.

“It’s a new industry, so you assume that most licensed categories are going to be profitable,” he said. “You can look at the numbers for retail establishments or see the lines coming out the door when retail was opening, so you just assume that people will also embrace delivery. But when Amazon first came out, people were like ‘why should I buy something on the Internet when I can just go get it at the grocery store?’ But now they realize that they never have to bring it in from their car again.”

ideally situated off I-91

Budzee’s location in Easthampton is ideally situated off I-91

Getting the word out, and creating a comfort level with home delivery of cannabis products is essential, because with this model — where Budzee is charging the same price for products as one would pay if they went to a dispensary (there is a $100 minimum) — relies on volume. And creating it will be the primary assignment moving forward.

“It’s all about scaling up,” said Polatol, adding the goal is to eventually serve the entire state and build a large portfolio of new and repeat clients.

For this issue and its focus on the region’s emerging cannabis industry, BusinessWest talked with the partners at Budzee about the venture, what it took to get it off the ground, and how they anticipate that it will continue to gain altitude in the months and years to come.

 

Creating a Buzz

As they offered BusinessWest a quick tour of their facilities — dominated by signs that read ‘authorized personnel only’ or ‘Do Not Enter — Limited Access Area’ — on just about every door — the partners stopped in the large vault area where the various cannabis products are stored and then gathered for delivery.

There are literally hundreds of different products on the shelves — a selection larger than what is to be found at most dispensaries, said Polatol — with names ranging from Rootbeer Float to Blue Sunshine; Purple Pineapple Express to Sundae Driver.

Putting such a portfolio of products together has actually been one of the easier aspects of this enterprise, they noted, adding quickly that just about everything else — from the software to the business model; from the licensing to the logistics — is difficult and, in many ways, pioneering.

Turning back the clock roughly two years, Polatol said the three partners came together behind the idea that the region needed a service that would ‘bring cannabis to your house like a pizza,” as he put it, and conviction that this team had the expertise, determination, and patience (a key ingredient to be sure) to make this happen.

There were some courier-like businesses working on a DoorDash model, said Polatol, but the concept they had, for a warehouse, Amazon-like model, was totally unique for this region, and the country, as far as they knew.

The vault at Budzee

The vault at Budzee holds a wide variety of products for delivery to customers.

The partners already knew each other well. Polatol and Perrier are the owners of the dispensaries Dreamer Cannabis in Southampton, and Honey in Northampton, and Parzybok served as a licensing consultant on those ventures. United in their vision for this new kind of business, what they put together a checklist of everything that was needed, and then a roadmap for taking the concept from the drawing board to the marketplace.

The first item on the list was a license, which was somewhat problematic, because the state was, and still is, awarding cannabis-delivery licenses exclusively to those who qualify for the state’s social equity program — meaning they were previously harmed by the nation’s war on drugs.

Enter Parzybok, who was arrested in 2015 after federal agents raided his home in Northampton and eventually seized dozens of marijuana plants; he received probation for the offenses.

The license-application process was lengthy and complex, mostly because of the new ground being broken, but also because the Cannabis Control Commission has historically been methodical when issuing licenses, said Perrier, adding that this bridge would eventually be crossed.

The partners also needed a location, and realized that they actually had one in property that Perrier owned in Easthampton that was ideally situated less than a minute from an exit onto I-91, positioning the company to deliver to the four counties of Western Mass. and beyond.

They also needed software for taking orders, vehicles, specialized equipment, drivers (a challenge when all companies are looking for help), and a system for safely getting products into those vehicles and then into the hands of customers.

All those hurdles were cleared early this year, and the company commenced deliveries in early April.

Most of these have been in and around Springfield, but there have been some farther east; the territory attached to the license is essentially everything west of Worcester. And the two-person teams (one drives, the other brings the items to the door) are delivering the full spectrum of products, from flowers to edibles to accessories.

Deliveries come on three levels: ‘express’ (within two hours, but usually less than that); ‘same day,’ where the customer picks a time slot, and ‘scheduled,’ where the customer picks the day and time.

Thus far, business has been good, but the venture is still very much in the ramping-up phase as awareness of the service builds, the public becomes more comfortable with the notion of having cannabis delivered to their doorstep, and it understands (at least with this company) that delivery is not more expensive than going to the dispensary.

And there are obstacles to building this awareness, they said, adding that state and federal laws limit where and how such a venture can advertise its products and services. For example, cannabis companies can only advertise on vehicles that can prove that 85% of their audience is 21 or older, said Perrier. Meanwhile, because cannabis is still illegal federally, such platforms as Google, Instagram, and Facebook “won’t take our money,” he noted, adding that television stations will not take it, either. They can’t even advertise on the vehicles delivering the products — those must be unmarked for, presumably, security reasons; this is a cash-only business.

“You’re really handicapped in how you can advertise,” said Polatol, adding that the company is using some billboards and a digital campaign to draw people to the Budzee website. But that’s just half the battle. Once there, consumers need to become comfortable with the products and procedures, and place orders.

Despite these challenges, the partners believe they have the right concept at the right time, and as awareness and comfortability grow, they will achieve the volume they need to be profitable.

“Once Budzee becomes known as a household delivery option for cannabis, things will snowball and we’ll get bigger numbers,” said Polatol. “And we’re seeing that right now; the numbers are going up every week, and we’re getting a lot of regulars.

“There are some people who can’t leave their house for health reasons, and they’re ordering from us three times a week,” he went on. “They love it, and it’s rewarding for us; it’s a model that’s working.”

At present, the company is making maybe 20 to 30 deliveries a day on average, he said, with the goal being to take that number past 100. Other goals are to go statewide (more licenses will be needed for that) and then perhaps to other states, he told BusinessWest.

 

Budding Proposition

None of that will be easy, of course. But as these partners have shown, they are willing to assume challenges and clear some high hurdles to get where they want to be.

And right now, they are where they want to be — the first to be out the door (and to your door) with delivery of cannabis products.

They know that it will take some time to scale up, as Polatol noted, and reach the volume level they need to be successful, but they believe they have a model that works and a foundation to build on.

 

 

George O’Brien can be reached at [email protected]

Cannabis Daily News Events Luxury Living News Sports & Leisure The Cannabis Industry

NORTHAMPTON — HONEY, a recreational cannabis dispensary, located in the former home of Sierra Grille, will stage its grand opening on July 9 at 1 p.m.

Visitors can enjoy all day music, fresh popped kettle corn, and performances by the local hula hoopers, wing dancers, stilt walkers, and aerialists. There will be a fire performance at 8:30 p.m.

HONEY is owned and operated by Volkan Polatol and Kevin Perrier. In opening HONEY Northampton, Polatol and Perrier have teamed up with HONEY Brands, originally founded in California, which produces full spectrum, distilled cannabis oil in vape cartridges.

“We are thrilled to partner with the HONEY brand,” Perrier said. “It’s telltale black-and-gold packaging has become synonymous with the best cannabis hash oil on the market today. And now, consumers on the East Coast can try it for themselves. We’re also proud to be able to make the HONEY hash oils from our own facility at Wemelco Industries in Easthampton.”

In addition to HONEY vapes, the dispensary also carries the highest-testing flower and a huge selection of brands from across the state. The location’s innovative LED tunnel, color-changing displays, and chill playlist all create a relaxed, club vibe, and budtenders are on hand to give expert advice on all products.

Cannabis

Extracting a Workforce

Susanne Swanker

Susanne Swanker says cannabis programs at AIC are being constantly reviewed and updated to remain current and relevant

 

The cannabis industry — and workforce — has come a long way in just a few years, Jeff Hayden says.

“What I think is really crucial, and what we’re trying to emphasize to job seekers, is that this is a business. This is not like going to somebody’s basement and growing a couple of plants. We’re talking about a multi-million-dollar investment for some of these companies,” said Hayden, vice president of Business and Community Services at Holyoke Community College (HCC).

In that city alone, for instance, entire mill buildings have been renovated and brought back to life, bringing jobs to the community and tax dollars to city coffers, he noted.

“This is a business where they’re generating private investment, creating new jobs, and they’re also generating tax revenue. It’s been a win for Holyoke in terms of the amount of growth that’s been stimulated.”

To keep the momentum going, these new companies need employees, which is why HCC launched its Cannabis Education Center in 2020, a series of non-credit courses, in conjunction with the Cannabis Community Care and Research Network, that provide skilled workforce training to prepare participants for a career in the cannabis industry. By this spring, 120 people will have completed the core program, and many will have begun or completed another career-specific track (more on that later).

The conversation about a cannabis training program at HCC began when legal adult-use cannabis was still being debated in the Bay State. If that came to pass, Hayden and others expected, significant workforce needs would follow. And that has proven to be true.

“This is not like going to somebody’s basement and growing a couple of plants. We’re talking about a multi-million-dollar investment for some of these companies.”

Similar discussions were happening at American International College (AIC) when adult-use cannabis was legalized, which is why it launched, also in 2020, a graduate-level program in cannabis science and commerce, the first of its kind in Western Mass.

The 30-credit program is designed for individuals interested in a career in the cannabis industry and provides students with an understanding of the science, business, and legal issues associated with the cannabis industry. The program offers education in the areas of basic science, including chemistry, horticulture, cultivation, uses, and delivery systems; business management, marketing, and operations; and federal and state laws and policies.

The first cohort of the program graduated in August, said Susanne Swanker, dean of the School of Business, Arts and Sciences at AIC, and they are now being surveyed to get a sense of where they are working in the cannabis industry.

“We’ll use that information to help us make changes as necessary to the curriculum,” she told BusinessWest. “We’re only in our second year now, but over the next few months, we’ll be reviewing the program for fresh content, updating materials, and ensuring currency and relevancy in the field, making sure we’re covering the topics and content needed.”

Jeff Hayden

Jeff Hayden says that, to continue growing, the cannabis industry in the region will need a solid pipeline of qualified workers.

Last fall, AIC introduced another cannabis-education track, an undergraduate certificate program called Micro Emerging Markets: Cannabis, which offers three business courses in rotation: “Cannabis Entrepreneurship,” “Cannabis Business Operations,” and “Law and Ethics of Cannabis” — again, with the goal of channeling a pipeline of skilled workers into a fast-growing industry at a time when all sectors are struggling to secure and retain employees.

“We’re in the process of adding some additional courses,” Swanker said, including a broad overview of the history and culture of cannabis, which could be a popular general-education course. “I think we have a lot of interest from our students in that. So that’s an option.”

Five-plus years after legalization in Massachusetts, the popularity of the cannabis industry is no longer in doubt, more than justifying the decisions by HCC and AIC to add some educational fuel to the workforce.

 

Knowledge Blooms

Hayden explained the thinking behind the Cannabis Education Center and its multiple tracks.

“Essentially, because this was new to Massachusetts, we tried to design a process to inform people about some of the fundamentals in relation to the industry itself, so we developed a module called the core program, and we ask every participant to go through the core program,” he said.

“We’re finding many of the students enrolled in the program are already in the field working, and they’re coming to us with information and knowledge. The discussion in the classroom is that much more enriching because of the prior experience they’re bringing.”

That program requires two eight-hour Saturday sessions. Beyond that are four separate, occupation-specific tracks, typically three all-day Saturday sessions, to train for a specific area of the cannabis workforce: patient services associate (what’s commonly known as a ‘budtender’), who works directly with customers on both adult and medical use; cultivation assistant, who helps in all areas of the grow operation and requires knowledge of plant biology, soils, hydroponics, plant health, nutrition, harvesting, trimming, inventory tracking, and managing plant waste; extraction technician, who learns how to safely extract useful molecular components from cannabis and hemp; and culinary assistant, who is responsible for cooking, baking, and infusing cannabis- or hemp-based products with extracts.

“We’re in the process of creating a fifth track designed for entrepreneurs,” added Hayden, who noted that the center focuses on five key pillars: community education; social-equity training; occupational training; custom contract training to cannabis businesses, including communication, leadership, and mentorship skills; and developing different trainings that would be useful for the industry.

Scholarships are available, and each job-training program is followed immediately by an internship period with a licensed cannabis industry employer. The center has helped place graduates in full-time jobs as well, at companies like GTI, Trulieve, and Analytic Labs, and some companies have engaged directly with HCC about the kinds of skills they need.

AIC relies on industry professionals as well, as adjunct instructors to complement the college’s own business professors.

“From the onset, the program has been a collaboration of full-time faculty in business working with individuals in the field, people who own their own business as well as individuals that are working in larger operations in different parts of the country,” Swanker said. “They work together to inform the current content, what needs to be covered, and develop the curriculum.”

This professional input from outside AIC is key, she added. “They’re the ones who are experts in the cannabis field, and the ones constantly helping us update materials and discussions. Also, we’re finding many of the students enrolled in the program are already in the field working, and they’re coming to us with information and knowledge. The discussion in the classroom is that much more enriching because of the prior experience they’re bringing.”

AIC leaders were quick to recognize the coming workforce needs in cannabis when the college developed its programs, Swanker said, and also found the Cannabis Control Commission’s focus on diversity and social equity to be appealing as well. “That’s something that speaks to us as an institution and fits our mission. That was just another attractive part of it.”

 

High Hopes

Swanker said interest in AIC’s cannabis programs remains strong. “When we launched it, we had a tremendous number of inquiries, and that remains at a very high level, which is very encouraging.”

And why not? According to a February 2021 jobs report issued by Leafly, the world’s largest cannabis website, legal cannabis supported 321,000 full-time jobs in the U.S. at the time, and since then, tens of thousands more jobs have been created in states like Massachusetts, Florida, Michigan, Missouri, New Jersey, Ohio, Oklahoma, and Pennsylvania, making cannabis one of the most robust job-creation engines nationally. In Massachusetts, adult-use cannabis sales crossed the $2 billion threshold last year.

In short, both nationally and regionally, this fast-growing market offers plenty of employment and entrepreneurial opportunities for years to come, and for a wide range of skill sets, Hayden said.

“We’re really at the start of it. This is a new industry with new opportunities for people looking to get into a new career area or take the skills they already have and use it in this new sector. If you’re an accountant or bookkeeper or human-resources specialist, then there are job opportunties within this industry for you.”

Which is why programs to educate the next wave of the cannabis workforce are expected to multiply and expand.

“The industry has a need for high levels of sophistication in terms of business management, marketing, and the like. I think we’re going to continue to see it grow,” Hayden added. “At some point, there might be too many companies trying to start up, but not yet; right now, they’re all trying to take advantage of opportunities to get in and grow.”

 

Joseph Bednar can be reached at [email protected]

Cannabis

A Real “Game-changer”

By Mark Morris

Kevin Perrier, left, and Volkan Polatol

Kevin Perrier, left, and Volkan Polatol, partners at Dreamer Cannabis, are now able to offer credit card transactions at their dispensary. 

Since cannabis became legal in Massachusetts consumers have had to pay for their purchases with cash or a debit card. At a dispensary in Southampton, that has changed in a big way.

Beginning Feb. 14, customers at Dreamer Cannabis have been able to use their credit cards to purchase cannabis products.

“The term ‘game-changer’ gets thrown around a lot, but for this industry that’s pretty huge,” said Kevin Perrier, a partner with Dreamer Cannabis.

Because cannabis is legal in only 18 states, federal law prohibits credit card companies such as Visa, MasterCard, and American Express from accepting cannabis transactions in their systems.

Perrier and Volkan Polatol, his partner at Dreamer Cannabis, were exploring the idea of a cannabis delivery business when their research revealed an innovative way several cannabis companies in California were accepting payments by credit card.

“The method is similar to the way Venmo works,” Polatol said. Venmo is the peer-to-peer payment app that allows individuals to quickly exchange money with each other.

While credit card companies will not process cannabis transactions, accepting payments from third-party platforms is legal and compliant. When a Dreamer customer uses a credit card, the transaction is processed by a third-party platform which uses blockchain technology through the InterPlanetary File System (IPFS) to process the purchase. According to its website, IPFS is a peer-to-peer network that uses blockchain to make the web faster, safer, and more open. Blockchain is known for keeping data secure and for providing a permanent record of the data. For this reason, a growing number of banks support blockchain transactions.

“California has a more-developed cannabis market as they’ve been working with it much longer than any other state. Trends in cannabis seem to start there and migrate east.”

Credit card companies recognize blockchain transactions as legal and compliant, so they receive the data of the purchase through the blockchain and the consumer receives the charge on their bill.

While blockchain is often associated with Bitcoin and other cryptocurrencies, Perrier said the system use by Dreamer Cannabis is not involved in any cryptocurrency.

“Most people are not familiar with crypto, it’s complicated to use and it’s not stable,” he said. “The system we use runs on blockchain, but does not use crypto.”

Perrier said he and Polatol dug deep in their research and spoke with dispensaries in California who use this platform, eventually selecting a company from the Golden State.

“California has a more-developed cannabis market as they’ve been working with it much longer than any other state,” Perrier said. “Trends in cannabis seem to start there and migrate east.”

After looking into the viability of the payment system, the partners wanted to make sure it was legitimate.

“I was the first skeptic,” Polatol admits. “Obviously we didn’t want to introduce something that was going to turn people off.”      

Said Perrier, “I know the people who created this platform and their history. They are involved in many other reputable platforms and businesses.”

Another factor in offering credit card use involves keeping the consumer experience quick and simple.

“The ability to use a credit card makes purchasing cannabis more accessible to consumers,” Perrier said noting that using a debit card to buy cannabis is different than other debit card purchases.

For example, if a customer wants to use their debit card to make a purchase of $95.17, they take the equivalent of an ATM withdrawal through the dispensary’s system. Because it is an ATM withdrawal, they would round up to $100 to pay for their purchase and then receive the difference in cash. The customer must also pay a $3.50 transaction fee for using their debit card.

“We see a lot of head-scratching from first time customers,” Perrier said. “We’re hoping that using credit cards will make it a more straightforward and quick transaction.”    

To make the same $95.17 purchase with a credit card, the clerk will ask for the person’s mobile phone number and send them a link. The purchaser inputs their credit card information and receives acknowledgement of the purchase along with the dispensary. Added to the purchase is a 6% transaction fee to cover fees charged by the credit card company and the third-party platform. Customers can open an account with Dreamer to simplify the process. Using Apple Pay or Google Pay also requires fewer clicks to make a purchase.

“The transaction gets processed on a parallel channel and stays off the credit card networks,” Polatol said. “The purchase data is then forwarded to the credit card company from the third party, which keeps it all legal.”

Dreamer is the first cannabis dispensary in Massachusetts to accept payment by credit card. Perrier said there are a few similar efforts at other ventures across the state, but they are simply downloadable apps that tie into the person’s bank account and function like a debit card.

“All those apps really do is help the person avoid the $3.50 transaction fee,” Perrier said, adding that a debit account is only as viable as the funds that are available in it. “If you try to buy something on Wednesday and your paycheck doesn’t land in your account until Thursday, that money is not available to you until then.”

Offering the option of charging a purchase on a credit card brings huge potential for increasing business. Allowable limits of purchase still apply, of course. In Massachusetts, consumers may purchase up to one ounce of “flower,” which is the plant form of cannabis, or five grams of concentrate per day.

“We’re hoping it’s a win-win,” Perrier said. “Obviously it can boost our sales and we hope it makes purchasing cannabis easier for people.”

Ultimately, Perrier said, credit cards are part of evolving their business and staying ahead of the curve.

Meanwhile, he and Polatol have several projects on the horizon that promise to bring more innovation to the cannabis industry in Western Mass.

The first project involves the partners opening a dispensary at the former Sierra Grill restaurant in Northampton featuring products from the Honey Brand, a California-based company that makes cannabis oils that can be vaped or consumed as edibles.

Perrier and Polatol have also purchased a former Western Mass Electric Company building in Easthampton that they are converting into a canning facility for cannabis seltzer.

Finally, the two are close to unveiling a cannabis-delivery business that would allow customers to order cannabis from an app, pay for it online and have the purchase delivered to their door.

Perrier summed up their activity by joking, “If you don’t innovate, you die.”

Right now, the partners are educating the skeptics and naysayers who come into Dreamer and can’t believe credit card transactions are both safe and legal.

Perrier expects people to have questions, because it’s such a different concept for the cannabis business.

“As the first ones to offer credit cards, we have to educate the consumer,” Perrier said. “I think credit cards will be widely accepted in the coming years, but for now we just want to make it available for our customers as another way to pay for their purchases.”

In the long-term Perrier would like to see cannabis purchases become as routine as a trip to the liquor store.

“No one thinks twice about charging a liquor store purchase on a credit card,” he said adding that credit card acceptance makes it possible for cannabis purchases to eventually become more normalized and mainstream.

Cannabis Special Coverage

Joint Concerns

Julie Steiner

As a law professor, Julie Steiner saw the thorny issues raised by cannabis legalization in Massachusetts — and the way it conflicted with federal law — very early in the process and turned it into a passion of sorts, not only educating students at Western New England University School of Law, but bringing other educational resources to the region and becoming a go-to resource on the topic of cannabis law. Yet, it’s not just legal nuts and bolts she’s interested in, but the real people impacted by a drug-regulation history in the U.S. that’s problematic at best — and still evolving.

 

 

Julie Steiner has been interested in the connections — and, often, the contradictions — between the fields of law and cannabis for a long time.

And when momentum was building in Massachusetts to legalize adult-use cannabis, just a few years after medical marijuana was given the green light, she really started thinking about the implications.

“Lawyers raise their hand and swear to uphold the law of the United States,” said Steiner, professor of Law at Western New England University (WNE) School of Law. “But cannabis is federally illegal, even though it’s technically legal in Massachusetts. How are lawyers to navigate this whole murky system?”

Based on informal conversations with her colleagues, plenty of law professionals were fascinated by this topic — and unsure how the practice of law could deal with the emerging business of cannabis.

“Cannabis is federally illegal, even though it’s technically legal in Massachusetts. How are lawyers to navigate this whole murky system?”

“It was getting off the ground in Colorado and Washington recreationally, so we had those two states to look at,” Steiner told BusinessWest. “But there was a dearth of scholarship. It was such an interesting time, really. Back then, support for legalization wasn’t as strong as it is now. In law, there was concern about clients and lawyers being prosecuted under RICO statutes.

“I called it the Wild West,” she went on. “The state bar association in Colorado had taken the stance that you can advise on the law, but since it’s federally illegal, if you actually started advising clients through the process of licensure, you risked bar sanction. That ultimately went away because courts reversed the bar stance on that, but it was a risky time. It was really, really interesting.”

That’s one reason why she applauds her university and its administration for being forward-thinking in establishing curriculum around this rapidly evolving topic, specifically a course called Cannabis Law and Policy. She proposed the course in 2015 and, after a year of legwork, and study, started teaching it in 2016, just a couple months before voters made adult-use cannabis legal in Massachusetts — but long before businesses actually started to open.

“Our primary mission was, and still is, lawyer competency,” Steiner explained. “I try to touch upon every facet that I can of the industry, teaching aspiring lawyers but also the practicing bar about how to counsel clients.

“I call the most risky the ‘plant touchers’ — cultivators, manufacturers, and retailers. They’re the most highly regulated and most vulnerable to prosecution if they do anything wrong,” she went on. “That requires a lot of competence, legal advice, knowledge about regulatory regimes, and ability to keep abreast of the ever-changing landscape.”

Julie Steiner welcomes Cannabis Control Commissioner Steven Hoffman

Julie Steiner welcomes Cannabis Control Commissioner Steven Hoffman as a guest lecturer in one of her Cannabis Law and Policy classes.

And changing it is, she emphasized. “I find I can’t rely on anything I said last month without updating it.”

Beyond the plant touchers, plenty of other types of businesses have been involved in the world of cannabis, from lightbulb suppliers for growers to drivers who transport money; from property landlords to IT and security firms. And the list goes on.

Sensing that this new industry would need legal guidance, Steiner not only created the course, but was involved in bringing Cannabis Control Commission (CCC) regulatory public hearings to the law school starting in 2018. The following year, the city of Springfield retained her to serve as a consultant to develop a process to solicit and select marijuana shops.

And she’s become a sought-after resource on cannabis law, having been been interviewed by regional and national media; published scholarly articles in many legal journals; advised educational institutions on the topic of drug policy; and lectured on the topic in WNE’s Mini Law School and Road Show programs.

It’s a field, she notes, that has already crept into numerous law niches, from banking and finance to taxation; from real estate to employment law; from intellectual-property law to prosecution and defense, just to name a few. “Cannabis law touches on all of it. It’s a serious and evolving subject field in the law.”

 

Legal, Yet Illegal

The Cannabis Law and Policy course, WNE’s website explains, “focuses on how society has historically, and is currently, regulating cannabis,” also touching on legal, professional, and business ethics; enforcement policy; and much more.

Prohibition, Steiner noted, began at the state level early in the 20th century and eventually crept into the federal code. Over the past decade or so, individual states have again led the change to decriminalization, then legalization, but federal law has not followed suit … yet.

As a result, if it wanted to, the U.S. government technically could enforce the federal Controlled Substances Act, which pre-empts all the conflicting state laws, she explained.

“I call the most risky the ‘plant touchers’ — cultivators, manufacturers, and retailers. They’re the most highly regulated and most vulnerable to prosecution if they do anything wrong.”

“Now, they can’t force states to enforce federal laws. The real conflict happens when participants, pursuant to those state regimes, start touching the plant. Once you get there, you have a conflict with the Controlled Substances Act. You have cultivation, which is prohibited. That’s where the federal government could technically come in and enforce. But that’s not happening because the federal government is exercising enforcement restraint.”

Changing public opinion is a factor as well, she noted. “When I started teaching this, public support was hovering just above 50% in the Gallup poll. Support is now about 68%. There’s much stronger public opinion for legalization than there was back then.”

Along with the history of cannabis regulation and enforcement, Steiner discusses civil rights, mass incarceration (using Michelle Alexander’s popular tome The New Jim Crow), and social equity.

“We have a robust dialogue about this. It’s very eye-opening to students,” she said, noting that drug laws regarding cannabis possession in the U.S. have historically had a fourfold disproportionate impact on people of color and those of lower socioeconomic means.

“Then we start thinking about what it means to be a lawyer representing the cannabis business. We talk about what that business looks like,” she went on, noting that she previously used Colorado and Washington as templates, but now draws on Massachusetts, since the cannabis industry has taken such deep roots here.

She also talks about banking challenges and Section 280E of the federal tax code, which requires even illegal enterprises to pay taxes. These tend to be more onerous for cannabis businesses, which can deduct the cost of goods, but not payroll.

“They get hammered. So lawyers work to structure these plant-touching businesses to maximize the taxation system, often creating two separate companies.”

The Cannabis Control Commission

The Cannabis Control Commission has often used the WNE Law School as an outpost for holding public hearings and listening sessions, like this one, attended by (from left) then-commissioners Britte McBride, Shaleen Title, Chairman Steven Hoffman, and Kay Doyle.

Steiner will bring in guest speakers from different areas of the law, including CCC members, to provide real-world perspectives, and students are also required to write and present their own independent scholarly papers on cannabis-law topics.

Speaking of the CCC, the law school’s seminars with commissioners and other experts in various areas of the law proved to be a valuable resource for locals, including potential business owners, who wanted information on topics ranging from licensing to operational requirements to municipal controls, without having to go to Boston.

“We thought early on we had the ability to align with the Cannabis Control Commission to help educate the practicing bar across the state,” she noted. “Lawyers, consultants, and people who wanted to be stakeholders would show up, and we’d talk about regulations and what businesses looked like. When they amended the regulations, we educated people again. We were, pre-COVID, the physical presence in Western Mass. for the Cannabis Control Commission.”

 

Changing the Narrative

Cannabis law is a passion project for Steiner, who also teaches Environmental and Land Use Law, Torts, and Introduction to Law.

“I’ve been involved in the history of how it has gone from its infancy through decriminalization through medical legalization, watching the birth of the adult, recreational-use industry, and now we have a viable and developed phenomenon. We have to keep pace with this, and that’s a fun challenge, educating lawyers and would-be lawyers. It’s truly a mission of mine in life.”

She prides herself on teaching law students how to be not only competent, but ethical practitioners in the field, who can counsel clients who often have plenty of misimpressions about legalization and what that means, since state and federal laws are currently so far apart.

As for federal legalization, “I welcome it because it’s sensible policy,” Steiner said. “We simply shouldn’t have a robust, viable workforce and an industry that is a real economic player that is forced to confront all-cash situations, which is dangerous and poor policy for everyone involved.”

Her public talks have addressed colleges grappling with the issue of legal medical marijuana, employers wondering if they can drug test for something that’s now legal in Massachusetts, and other audiences, ranging from public-health professionals to drug task forces, and even legislators. “Early on, policy influencers needed to think through policy changes. We tried to be on the cutting edge, helping them think through that lens.”

Steiner is also passionate about social justice in the realm of drug policy. “Or, should I say, social injustice,” she quickly added. “We have become part of the sealing and expungement movement and have partnered to provide sealing and expungement clinics.”

But even that effort is problematic, she wrote in a scholarly article last summer.

“While expungement is a laudable and necessary remedy to mitigate individual cannabis criminal record-based harm,” she wrote, “expungement also yields an outcome paradox: to further justice by expunging criminal records, society is erasing evidence of historic enforcement injustice.”

Because of the need to balance relief for the convicted with the need to maintain an historical account of the cannabis enforcement era, she suggests expunging entities maintain a record — one that eliminates sensitive, personally identifying information, while maintaining other important information of historic and legal value.

And that expungement process needs to continue, she told BusinessWest.

“We’ve gotten involved in helping those with prior drug convictions clear their records. This helps mitigate the profound effect of the War on Drugs, which we now understand overly penalized people given the severity of what was going on. And that criminal conviction follows them for life, with all those collateral consequences,” she added, making it harder for convicted drug users to access a job or housing. “It’s hampering people in their ability to move forward in life. We’re part of that social-justice movement to mitigate the effects of the War on Drugs.”

Again, cannabis law — and how it impacts not only future lawyers, but users as well, past and present — is one of Steiner’s passions, and it’s a satisfying challenge to stay atop the latest developments.

“We have a body of law now. When I jumped in, there was hardly any case law,” she said. “Learning about it, compiling it, and providing it to students is something I continually do.”

Joseph Bednar can be reached at [email protected]

Cannabis Cover Story

Rolling Along

Matt Yee and Mark Cutting of Enlite in Northampton

Matt Yee and Mark Cutting of Enlite in Northampton

Massachusetts had already legalized medical marijuana when voters were faced with another question in late 2016: whether to legalize cannabis for recreational use. The vote wasn’t close, sailing through on talk of jobs, tax revenue, and, well, people wanting to light up legally. Reality doesn’t always live up to promise, but in this case, it has. Yes, the industry is still facing growing pains, particularly when it comes to creating a level playing field for entrepreneurs. But when it comes to this new industry’s impact on jobs, real-estate investment, municipal tax revenue, and more, these are truly high times.

 

David Narkewicz wasn’t just a supporter of cannabis coming to Northampton. He was the first customer.

That was three years ago, when NETA opened on Conz Street and became the state’s very first dispensary for legal, recreational cannabis. Today, with cannabis businesses proliferating in the city and across Massachusetts, the outgoing mayor believes his initial enthusiasm was justified.

“We saw the experience of other states, and a lot of the Massachusetts law, when they were trying to put together the regulatory framework, was based on looking at laws in other states,” Narkewicz said. “First and foremost, I supported legalization just as a public-policy meaure, but I also saw an opportunity for investment in the community.”

Elaborating, he said the city is known as a destination with a vibrant retail sector, arts and culture establishments, and plenty of restaurants and bars. “So my sense, and my hope, was that this would be a new investment in the community and a new source of jobs and revenue, and another reason to come to Northampton. I think we took a pretty forward-looking approach to this.”

Today, Northampton is home to eight retail dispensaries for adult-use cannabis, seven manufacturers, four cultivation facilities, and a testing lab. Those numbers grow seemingly by the month.

Meanwhile, three years of excise taxes on adult-use cannabis have brought in more than $4.3 million. “That helps us continue funding schools, police, fire, DPW, all the services we provide as a city.”

Mark Cutting and Matt Yee certainly saw potential, not only in the state’s legalization of cannabis, but Northampton’s embrace of it. Just last week, they opened the city’s eighth adult-use dispensary, Enlite, just off the Coolidge Bridge rotary — and they have a long-term vision for it based on the idea that this is a still-evolving industry.

“Our getting into cannabis was really just another attempt on our part to find jobs that people can get into at the entry level, or get a better job. It’s imperative that we find people who are unemployed, underemployed, those with limited education, limited work history, and get them into employment and on a career track.”

“We thought that, with our background in business and the Yee family’s background in restaurants and entertainment, there may be potential beyond even the retail space,” Cutting said. “There may be opportunities to have some type of dining or some type of entertainment along with cannabis partaking at some point in time — though that’s not legal here yet.”

Yee noted that the sheer number of cannabis businesses in Massachusetts — almost 190 and counting, not just in retail, but in cultivation, manufacturing, and wholesaling — is making it easier for all players to succeed, because of the cross-pollination. It’s why Enlite has adopted the model of many area dispensaries of partnering with boutique makers of cannabis products.

“Early on, it was difficult because [product] availability was so low, you had to be vertically integrated to supply yourself,” he noted. “But Western Mass. has been really kind to small-scale producers, and we’re really happy to showcase them here at this location.”

Cutting added that “a lot of the multi-state operators don’t necessarily like companies like that to sit on their shelves. But we’re basically an open market for some of these producers to share shelf space and advertise their product here locally.”

With each business open, total sales in Massachusetts increase — crossing the $2 billion mark, in fact, earlier this month, a number even proponents might not have expected so soon after voters approved legalizing recreational cannabis in November 2016, four years after giving a similar go-ahead to medical marijuana.

Jeff Hayden

Jeff Hayden says cannabis has created fertile ground for hundreds of new jobs in Holyoke — and an impressive diversity of them.

And those businesses mean jobs, said Jeffrey Hayden, vice president of Business and Community Services at Holyoke Community College (HCC).

“We’ve experienced high levels of unemployment during the pandemic; both Springfield and Holyoke unemployment have been ahead of the federal and state average. In both communities, we see a strong need to connect people to the workforce,” Hayden told BusinessWest.

That’s one reason HCC became a lead partner in the creation of the Cannabis Career Center in late 2019. If HCC exists to give people the skills they need to get into jobs, he reasoned, then the potential of cannabis couldn’t be ignored — especially in a city rivaled only, perhaps, by Northampton in its full-on embrace of this new industry.

“Our getting into cannabis was really just another attempt on our part to find jobs that people can get into at the entry level, or get a better job,” he explained. “It’s imperative that we find people who are unemployed, underemployed, those with limited education, limited work history, and get them into employment and on a career track.”

But cannabis is changing Holyoke in other ways, too, notably in its canal district, where long-neglected mill buildings are springing to life with cannabis cultivation, manufacturing, and sales.

David Narkewicz

David Narkewicz

“We put in place zoning regulations that were not onerous; we’re essentially allowing retail cannabis anywhere we allowed retail, and it was generally the same for manufacturing.”

“The private investment in Holyoke as a result of this industry coming to Massachusetts has been extremely significant,” Hayden said. “Cannabis companies are buying properties that have been long underutilized — and it’s not like acquiring a building and leaving it as is; they’re investing significant dollars to improve it and create new jobs in the city, literally hundreds of jobs already. And, obviously, the tax revenue generated for the city is significant. This is a growing industry in Massachusetts.”

That’s true — literally and figuratively. Five years after that critical vote and three years after businesses started opening, cannabis has proven to be a hardy economic driver, one that not only survived the pandemic, but thrived throughout it. And no one really knows what the ceiling may be.

 

Ironing Out the Issues

Not everything has been smooth in what is becoming a hyper-competitive market. Enlite is the state’s first Minority Business Enterprise (MBE) applicant to open its doors, and Yee concedes that the Cannabis Control Commission’s stated commitment to MBE and social-equity opportunities — with the goal of helping communities and demographics negatively impacted by the war on drugs to access entrepreneurship opportunities in cannabis — has met with inconsistent results.

“It’s a really big topic in the industry. We’ve had a lot of commissioners change out in the last year or so, and a lot of people in the program saw CCC failing them as far as getting those applicants to the finish line,” Yee explained. “It’s a combination of things: operators with not a lot of resources can be an issue. Obviously you’ve got your multi-state operators with a million dollars allocated to their lawyers and legal teams, so they’re able to have the resources to get them pushed through a little bit faster. Those are big issues.”

Holyoke’s mill district

Holyoke’s mill district has become a promising location for cannabis cultivation for companies like GTI.

But things are changing, he added, with new commissioners “really focusing on those applicants and assisting them, figuring out where the pain points are and getting them to the finish line and open. We’ve been seeing some traction on that.”

The process can be a tricky one (see related story on page 22).

“The biggest issue — because it’s not federally legal — is access to capital,” Cutting said. “It’s a journey getting through the CCC, and if you do make a mistake and don’t dot your I’s and cross your T’s, it gets rejected, and you have to start all over again, and you don’t necessarily go back to the same queue you were in — you may go to the bottom of the pile. And it can be a long, painful process to get back to the top of the pile. And God forbid you make a mistake again.”

It helped, he said, to deal with a city that didn’t limit the number of application approvals. “We sat down with the mayor, and it was the most seamless, easiest process you can ever imagine, versus other cities that either opted out, or there’s a lottery, or they really capped the number of cultivators or retailers they’re allowing.”

In Narkewicz’s eyes, Northampton’s voters approved cannabis — first medical, then recreational — at a much higher percentage than the state average, and the city’s leaders took their cue from that.

“We put in place zoning regulations that were not onerous; we’re essentially allowing retail cannabis anywhere we allowed retail, and it was generally the same for manufacturing,” the mayor said. “And I think we saw a pretty strong response — lots of people wanting to locate here in Northampton.”

He does hear questions from people wondering if the market is too saturated, and has a quick response. “Northampton has 17 liquor stores. I have yet to hear anyone complain that we have too many liquor stores. To me, this is a legal industry, and it’s the free market, which is why I opposed caps on liquor licenses for years, because they hold back economic development in a city like Northampton and only drive up the cost of those licenses and make it harder for entrepreneurs.

“There’s opportunity to get in on the ground floor and also opportunity to grow in these occupations. It’s not like we’ve got 100 people in Holyoke who are cultivators, or 50 people who have strong customer-service experience in retail dispensaries. No one has 10 years of experience in this area. So in Massachusetts, for the job seeker, it’s all about what they bring to the occupation.”

“In an industry like cannabis, which is trying to focus on equity and economic empowerment, particularly for populations that were disproportionately impacted by the criminalization of cannabis and the war on drugs,” he went on, “putting up barriers like that defeats the purpose and works against the goals of this new industry.”

Narkewicz also noted that each new business may be 20 or 25 new local jobs as well.

In Holyoke, cannabis means hundreds of new jobs in a short period of time. And the variety of jobs is appealing to us,” Hayden added, noting that someone with strong customer-service skills could become an effective patient advocate, while someone with an agricultural background could work in cultivation, and someone with a knack for science could work in extraction and infusion.

The appealing thing, he noted, is that companies are looking for workers with broad skills who just need, and want, to be trained in the intricacies of this field and their specific roles.

“There’s opportunity to get in on the ground floor and also opportunity to grow in these occupations,” Hayden said. “It’s not like we’ve got 100 people in Holyoke who are cultivators, or 50 people who have strong customer-service experience in retail dispensaries. No one has 10 years of experience in this area. So in Massachusetts, for the job seeker, it’s all about what they bring to the occupation.”

Kathleen Proper, chief Human Resources officer at Canna Provisions in Holyoke, said as much at a panel discussion that preceded a recent Cannabis Career Fair at HCC, titled “Cultivating an Industry.”

“Our biggest thing is providing outstanding customer service,” she noted. “So if you’ve got experience doing customer service, whether you’ve worked retail, worked in a restaurant, waited tables, tended bar, all of those skills work out really well. Even though cannabis retail is a different animal than other retail … we tend to do really well with people who have waited tables or tended bar.”

 

Word on the Street

Yee isn’t worried about the ninth dispensary that will open in Northampton, or the 10th or 11th. Like Narkewicz, he believes the legal cannabis industry is thriving, with the saturation point well in the distance.

“I always say our biggest competitor is the black market. Many consumers are still shopping on the black market because the pricing is far better,” he said, noting that an eighth-ounce of cannabis may cost $50 in a store and $30 on the street, with no tax.

“A lot of folks who are stuck in their ways, they know the brands they like on that market, they know the cultivators they want to work with … the black market is still very, very strong,” he went on. “As we see more interesting products hit the shelves here at a commercial dispensary and prices begin to drop — and we are seeing a little more of that — we’ll see folks moving over from the black market to the commercial market. So there’s still a massive untapped customer base out there.”

Cutting agreed that, as the legal cannabis industry matures and deepens, the sheer volume of product will lower prices, and that — as well as the aesthetic and educational experience that many cannabis shops tout — will draw more people in.

“Additionally, all the product on our shelves has been tested; you know what’s in the product. On the black market, you don’t have test results and don’t know what metals or pesticides or mold or yeast are in their product. They don’t have to test — they just roll and sell their product from whatever location they’re growing in.

“Here, it’s a safe, friendly environment,” Cutting went on. “You’re not looking over your shoulder buying something off the black market. And I think that market will eventually snuff itself out. Not entirely, but I think, over time, you’ll see it. The question some will ask is, ‘hey, do I want to be safe, or roll with this and take the risk of an untested product?’ I think most people will want to be on the safe side.”

As for public safety, Narkewicz said concerns from cannabis opponents — regarding surging crime and diversion problems — simply haven’t come to pass. And looking back, he’s proud to have been the first customer in the city’s newest growth industry.

“Obviously, in the early going, we had a little traffic crunch and parking crunch, but I don’t know many mayors worried about too many people wanting to visit their city,” he told BusinessWest. “It’s a good problem to have.”

 

Joseph Bednar can be reached at [email protected]

Cannabis

Aiming High

The executive team at 6 Brick’s

The executive team at 6 Brick’s includes, from left, Taylor Shubrick, Payton Shubrick, and their parents, Dawn and Fred Shubrick.

Payton Shubrick always wanted to effect change in the world.

She never thought it would be through a product that was, for most of her life, illegal.

Specifically, when she graduated from the College of the Holy Cross in 2015 with a degree in political science — and concentrations in Africana studies and peace and conflict studies — the goal was to enroll in law school, she explained.

“Our speaker for our class talked heavily about moving mountains — ‘how do you leave this college on a hill and move mountains the rest of your life?’” she recalled. “So my idea was, I was going to have this landmark case that would change the trajectory of my career and rewrite some type of law.”

But she found herself working full-time at MassMutual instead — and missing her college days filled with extracurricular activities. “It was work, work out, and go home. There was nothing in between.”

So, with the help of her father, Fred, she secured an internship with the Springfield City Council. Meetings became more interesting after Massachusetts voters approved the legalization of adult-use cannabis in late 2016, with out-of-state operators hanging around and officials trying to hash out what the rules would be for zoning and other aspects of legalization. And Shubrick was intrigued — so much that, when the councilor she was interning for lost a re-election bid, she kept attending meetings anyway.

“I was hearing so much conversation about how these businesses were going to make millions. Honestly speaking, they made it sound so easy.”

“I was hearing so much conversation about how these businesses were going to make millions,” she recalled. “Honestly speaking, they made it sound so easy.”

But as Shubrick thought about her own potential in this new industry, she had something else in mind besides dollar signs. She’d read Michelle Alexander’s book The New Jim Crow and gained an understanding of how the failed war on drugs had impacted urban communities like Springfield. And she saw the cannabis industry as a way to engage with that community, succeed in business there, and pay it forward.

“I went to a Springfield public high school, where, if somebody dropped a dime bag, they were going to in-house suspension or being arrested in the middle of the school day because you had police officers present in the building with you. So, when you start to peel back the layers and realize this is going to be a billion-dollar industry, how can you get people in your community to benefit from that?”

The answer is 6 Brick’s, an adult-use retail cannabis shop expected to open early in 2022 on Main Street in Springfield, in the Republican complex.

“We are what most would describe as a mom-and-pop shop, which I tend to agree with since both my parents are on the executive team,” she told BusinessWest.

The Shubrick family hopes to have 6 Brick’s open by early 2022.

The Shubrick family hopes to have 6 Brick’s open by early 2022.

She thought her biggest hurdle would be getting her father on board. “Saying I wanted to be a lawyer has a certain level of prestige around it. Saying I wanted to be a legal drug dealer and own a cannabis dispensary … not so much. How do you make that business case and get Dad to switch gears?”

But not only has Fred become her biggest supporter, he’s also chief procurement officer at 6 Brick’s — a name that echoes the family name, Shubrick. Payton is CEO, while her mother, Dawn, is executive secretary, and her sister, Taylor, is head of community responsibility and quality assurance. Two younger siblings — who aren’t currently old enough to work in cannabis — round out the ‘6’ in the company name.

Once she decided to wade into this burgeoning industry, Payton knew she wanted to do it in Springfield.

“There’s this idea that, to be a star, you have to leave the area and go to Boston or New York. I heard, ‘you have so much potential; go somewhere.’ That was frustrating because I’ve always seen the potential Springfield has, and this industry, in many ways, allows me to prove people wrong; I can stay here, and I can be successful in my own right, and I don’t have to move out of the city of Springfield to do that.”

“Saying I wanted to be a lawyer has a certain level of prestige around it. Saying I wanted to be a legal drug dealer and own a cannabis dispensary … not so much.”

Furthermore, she said, “I can participate in an industry that previously caused so many people’s lives to be disrupted and negatively impacted, and I can try my hand at something I had always been interested in, which is entrepreneurship.”

It hasn’t been easy, and the journey is far from over — and the cannabis landscape in Massachusetts is still a difficult one for minority entrepreneurs, despite the state’s establishment of a social-equity program (more on that later). In a wide-ranging interview, Shubrick talked about why that’s the case, and what can be done to improve the prospects of business owners who lack the resources of large, established companies and, ultimately, create a more level playing field.

 

No Easy Road

Shubrick and her family officially launched 6 Brick’s in 2019, and the road since has been a thornier one than she had imagined.

Back in 2017, “I thought if I did my homework and put together a really strong application, I would get the license. I didn’t expect an RFP, 27 groups applying, only four being selected. That’s when your heart starts to do many palpitations — what if we don’t get picked? What happens next? I didn’t have a plan B.”

Payton Shubrick and Marcus Williams, president of the Block

Payton Shubrick and Marcus Williams, president of the Block, which seeks opportunity for minority-owned cannabis businesses, share a few words at a recent mixer.

But she did fight through to become one of the four entities chosen in Springfield’s first round of permits.

“The running joke in the industry is they never ask when are you going to open, they say where are you in the process,” Shubrick said, noting that it’s a two-pronged process. At the city level, it involves a special permit and a host-community agreement, while the state’s Cannabis Control Commission (CCC) requires a provisional license, post-provisional-license inspections, and other steps, including a certificate of occupancy (back to the city for that), which is required by the state for the final license.

Shubrick described it all as a long sequence of queues, of getting on meeting agenda after meeting agenda. “It’s a very layered process with two entities that don’t talk to each other, and you need a series of documents from each. It’s a series of waiting rooms in some capacities.”

On top of that, 6 Brick’s has had to deal with supply-chain issues during the pandemic to get its space — now 90% built out — up and running. It even had to wait for doors that were stuck in shipping containers. “There’s not a lot in your control as you think about moving through this process. So patience is key.”

All along, a Springfield-based business was the only goal, she noted, as opposed to, say, Northampton, which never capped the number of cannabis permits.

“I didn’t look to start as a business model that was going to be rinse and repeat in any city,” she explained. “I looked at it as, ‘I can be the hometown hero because, when I hire people, I’m going to hire them from the community, and I’m going to hire those who were impacted by cannabis prohibition.’ And that doesn’t just mean who did jail time — it could be their daughter, their niece, their nephew, because, let’s be honest, when someone is removed from the home and incarcerated, that whole family is impacted.”

In short, “for me, this was aligned to social-justice elements of my hometown and less aligned to me becoming a millionaire overnight.”

She found tht the road to being profitable at all begins with a lot of money up front — between $1 million and $2.5 million, typically, depending on the state of the building, its HVAC requirements, and other costs.

“I didn’t look to start as a business model that was going to be rinse and repeat in any city.”

That has been a roadblock for many applicants that have gone through the state’s social-equity program aimed at creating an entrepreneurial path for communities that were particularly hard hit by the war on drugs — most of them minority-dominated communities. Today, only 8% of cannabis companies currently open in Massachusetts are run by those who emerged from the social-equity program.

“Some go through the process but have no funding at the end of the program,” Shubrick said. “So now you’re well-versed in the process and know how to get through it, and you’re looking around, and there’s no banks giving you money. If you don’t know people with deep pockets, how do you get the right investors? I’ve seen horror stories of people who have the best of intentions and got so far in the process, but you have the wrong investor, and then it becomes a nightmare. And now you’re selling for pennies, and you’ve lost time, energy, and money.

“That’s the heartbreak people don’t talk about,” she went on. “And I wouldn’t categorize it as those people failing; I would categorize it as not having have a holistic structure in place that supports people from start to finish. It’s almost a tease in order to say, ‘hey, I’m going to show you how to make a pizza, but I’m never going to give you the ingredients so you can make your own.’ Many people simply can’t raise the money to do what they’ve gone through a program to learn how to do.”

In an editorial last week, the Boston Globe agreed, noting that the state has ignored calls to create a loan program to help equity applicants, adding that, “as if the barriers to entry weren’t high enough already, getting financing for a marijuana business is difficult because of its murky legal status.”

But the Globe cites other barriers to social-equity applicants as well, particularly the power of municipalities — which are not required to consider equity when awarding licenses — over the approval process, not to mention the head start large medical-marijuana businesses have had in the recreational license-approval process, which has paved the way for bigger medical companies to dominate the market.

“So the state has to double down on its social-equity program and prioritize licensing for minority applicants,” the Globe argues.

It’s also a hyper-competitive industry in general, Shubrick said, one where players are fiercely protecting their piece of the pie, and new retailers are often offered unfair deals to partner with growers, manufacturers, and wholesalers, and vice versa.

“It’s key to have a team of lawyers and accountants help you stay away from the sharks in the water because people are so hyper-focused on trying to extract as much money as possible, they’re not thinking through long-term impacts like ‘how can I be a decent businessperson to this other individual so maybe down the line we can do business together?’ Instead, it’s ‘how can I squeeze as much equity as possible? How can I give them terms that maybe aren’t favorable because I’ll benefit in the short term?’

“Other states around us are legalizing, so the captive audience in Massachusetts won’t be the same,” she went on, “and that doesn’t bring out the best in people when they don’t view competition as healthy and an opportunity to get better.”

 

Seeking Solutions

Proponents of true social equity in cannabis are working toward a more equitable industry, however. Earlier this month, the Block — an organization that aims to support black and Latino cannabis professionals in Massachusetts — held the last of three networking mixers at White Lion Brewery in downtown Springfield. About 80 people attended, including a CCC commissioner.

In addition to efforts around business development, resources, and connections for its members, the Block is also developing options for members to gain capital, such as minority-owned investment firms, crowdsourcing, and more traditional, institutional backing.

“Plenty was discussed. It was a really good evening overall,” Shubrick said. “Social equity here in Massachusetts is well-intentioned, but logistically, it has opportunities to become more meaningful so we see more people opening doors who have gone through the program.”

She stressed that she’s fortunate to be entering this business backed by people — her family foremost — with her best interest at heart, and she’s passionate about using her business to lift up the only city she considered for this business.

“I want to hire folks from the community who can benefit from this industry, not just because they were impacted by the war on drugs, but also because Springfield should be benefiting from these jobs.”

That passion, she noted, will be shared by ‘budtenders’ who understand the plant and can educate customers on the store’s products, many of them created by local manufacturers that are also smaller companies, many owned by women, veterans, and people of color.

“We’re being intentional about our partnerships and helping customers understand why we’re partnering with them,” she said. “So it’s more of an experience and less of a transaction.”

Certainly, opening a cannabis retail shop — and, again, it’s a long process, one that’s not over yet — has been quite the experience for the Shubrick family.

“Not everything that is faced can be changed, but nothing can be changed until it is faced,” wrote James Baldwin, a quotation Payton calls her favorite. Indeed, she’s facing the challenging realities of cannabis entrepreneurship — with a mind to change things for the better for those who come after.

 

Joseph Bednar can be reached at [email protected]

Cannabis Special Coverage

Growing Concerns

Meg Sanders says the state’s onerous regulatory hurdles have made the cannabis space an unfair playing field

Meg Sanders says the state’s onerous regulatory hurdles have made the cannabis space an unfair playing field, especially for smaller shops and social-equity applicants.

Everyone has seen the dispensaries and other cannabis businesses sprouting up in communities across Massachusetts — and the long lines of customers often stretching out the door. And they might think this business is easy money. But that’s far from the truth, thanks to an onerous tax situation, the illegal nature of the product on the federal level making it tough to enlist financial and other partners, and the slow march from stigma to acceptance of this still-new industry. All of that, however, could be changing, although it will take federal action to loosen some of those shackles.

Meg Sanders is a cannabis-industry veteran, most notably in Colorado, the nation’s first regulated market for legal cannabis. So she’s no stranger to the growing pains the industry is now dealing with in Massachusetts.

But as a local business owner — as CEO of Canna Provisions in Holyoke and Lee — she’s frustrated by them, too.

“We’re limited on what we can do with advertising, and the amount of product we can sell to a customer at a time,” she said, citing just two examples of regulations set forth by the state’s Cannabis Control Commission (CCC).

“The whole idea was to regulate cannabis like we regulate alcohol, and we’re not doing that. Actually, they’re going way above and way over the top, and I don’t think that’s helpful to the industry. I don’t think it’s helpful to individual businesses, and it’s definitely, in my opinion, not in the spirit of the CCC, which is supposed to promote social-equity and economic-empowerment applicants. But the bar for entry is really high, and the bar to stay out of trouble with the CCC is really high.”

“The whole idea was to regulate cannabis like we regulate alcohol, and we’re not doing that. Actually, they’re going way above and way over the top, and I don’t think that’s helpful to the industry.”

In other words, despite the number of cannabis businesses currently operating across Massachusetts — 267 and rising every week — this is a tough field to enter and a tougher one to succeed at, Sanders told BusinessWest.

“I think of people who are bootstrapping, mom-and-pop stores, teams that are working with a limited amount of cash, and it’s not a level playing field,” she went on. “And a lot of things we worry about in this industry are things that really do not matter. The amount of money this industry spends on packaging alone, that just goes in a landfill, is awful, and it’s driven by these rules and regs — it has to be childproof, it’s got to have 57 warning labels on it. I feel ethically horrible about the mounds of packaging in landfills. And the burden it puts on mom-and-pop manufacturers who are trying to make a really cool chocolate bar and the expense that’s going into that packaging … it’s really tricky.”

It doesn’t help, she added, that many state regulations can be challenging to interpret, mainly because the CCC is going through the same growing pains businesses are.

Scott Foster says federal decriminalization of cannabis has gained momentum

Scott Foster says federal decriminalization of cannabis has gained momentum, but the timeline is still uncertain.

“I’ve seen this in other states — the agency tasked with regulating and monitoring the industry has a very steep learning curve,” Sanders said. “One investigator will tell you one thing, and another investigator will tell you another thing. So they’re not always on the same page for specific rules.”

Many of those regulations address diversion of product, she noted. “We’ve spent millions of dollars building this business. The last thing we’re going to do is flush it down the toilet trying to sneak a pound out the back door. It’s just absurd.”

So are onerous background checks to get into the industry, keeping out some of the individuals — from communities that have been inordinately affected by the Drug War — who should be able to enter and prosper, she added. “Regulators and business owners should be partners to build a better business and correct things that need correcting, understanding everyone is doing their best.”

Those challenges are strictly state-level, but others on the federal level are just as burdensome, and boil down to the fact that the U.S. government still classifies cannabis as an illegal controlled substance. That means most banks and credit unions have avoided doing business with cannabis operators, though that’s slowly changing.

“In the early days, there weren’t a lot of professionals willing to take the career risk to enter the industry, so it was hard to find talent to come in and help grow the business. But, again, you’re starting to see that shift as more states legalize and you see the social proofs play out.”

“The federal illegality is a big challenge, and it doesn’t stop with the banking issue,” said Patrick Gottschlicht, chief operating officer of Insa. “That’s been extremely detrimental to us, but that carries across to other companies that we can work with — payroll processors, ERP [enterprise resource planning] companies, any big national or international software companies, accounting firms, security vendors … they can’t work with us because of that federal illegality.”

That has started to shift as more professional services and banks are opening up to this industry, though many still won’t, and many that do are startups themselves, with less at stake, said Peter Gallagher, Insa’s CEO.

“There’s no playbook for this industry,” he added. “There’s been a lot of trial and error to get to where we are. In the early days, there weren’t a lot of professionals willing to take the career risk to enter the industry, so it was hard to find talent to come in and help grow the business. But, again, you’re starting to see that shift as more states legalize and you see the social proofs play out. People’s friends are getting into it, talking positively about it, and they see the success of the industry, and you’re seeing more willingness to work with cannabis.”

Some bills have been introduced in Washington to, if not legalize cannabis, at least decriminalize it.

“Those bills would make it easier for us, and also de-risk the industry around the margins for a lot of partners,” Gallagher said. “The trend is definitely there, but in what time frame will that happen? From our perspective, it’s been happening a lot faster than we ever expected. When we got into this, we thought the legal conversation would take 20 or 30 years to play out.”

 

Taking No Credit

Sanders is hopeful, too. “At the federal level, we have big challenges. We can’t even take credit cards. That’s so silly. We can take a debit card and cash, and that’s it. That alone would be a really big help.”

Scott Foster, a partner at Bulkley Richardson and one of the attorneys in that firm’s cannabis practice group, believes sentiment is growing that Congress will act sooner rather than later on some degree of allowing banks into the cannabis space or remove the threat of federal enforcement against entities that partner with cannabis operators.

“That will help create some stability. And the biggest thing it’ll do is allow people to use credit cards at the facilities; it’s largely cash right now. If Congress changes that law, boom — you can use your Visa card, you can use your Mastercard. And the reason that you can’t now is not because Visa and Mastercard have a particular ethical or moral problem with it — they’ve just got a legal problem.”

Patrick Gottschlicht (left) and Peter Gallagher say cannabis is a much more challenging business than it seems — but it’s a rewarding one.

Patrick Gottschlicht (left) and Peter Gallagher say cannabis is a much more challenging business than it seems — but it’s a rewarding one.

Some federal bills have bipartisan support, he added, “but Congress has a lot of other things going on.” Still, with almost 40 states and territories having legalized medical cannabis and more than 20 giving the OK to adult-use cannabis, “I think the tide is definitely turning on this; it’s just a matter of how far it goes, and how quickly.”

Even without a change in the law, Foster explained, “the banking situation is getting better. We’re seeing some banks and some credit unions more willing to lend into the cannabis space now — much more than a couple years ago. They’re becoming more comfortable with lending for real-estate purposes — not for buying things, necessarily, but for buildout and for creating a space, including cultivation spaces. So that’s a change. A very small change, but the fact that it’s happening at all is a big deal.”

The other federal law cannabis operators want to see changed is Internal Revenue Code Section 280E, which severely limits tax deductions for business that deal in controlled substances prohibited by federal law. In short, businesses can deduct the cost of goods sold, but are not allowed any other deductions or credits on their return, including for wages.

“The taxes are crushing — you can’t deduct wages, rent, or other ordinary deductions. Most of these companies are looking at an effective tax rate of 70% to 90% in that, of their profit at the end of the day, 70% of it goes to pay federal taxes.”

“The taxes are crushing — you can’t deduct wages, rent, or other ordinary deductions,” Foster said. “Most of these companies are looking at an effective tax rate of 70% to 90% in that, of their profit at the end of the day, 70% of it goes to pay federal taxes. And this is after they pay state and local taxes. So the federal government is making a lot of tax money off of cannabis companies across the U.S.

“It’s been challenged multiple times in multiple states,” he went on, “and every tax court and every appellate court has said, ‘Congress can change it, but they were unequivocal in what they said.’ It’s a completely constitutionally valid statute.”

Decriminalizing cannabis federally would neuter the impact of 280E on the industry, which would be massive news for cannabis businesses that are already paying higher-than-average state taxes, while their host communities get a cut of between 3% and 6% as well.

But decriminalization would open many other doors as well, like broadening the market for insuring these businesses.

“There’s a risk that your insurance company could, almost at any point, say, ‘well, what you’re doing is a violation of federal law; therefore, we’re not going to insure you,’” Foster said. “The companies are getting insurance — they’re required to get insurance by the CCC — but they’re not the traditional companies; they’re not the Allstates or the companies you see advertising. They’re smaller, specialty, boutique insurance companies that have figured out it’s worth the risk to them to get into that space because the premiums are appreciably higher than they would be for a comparable business.”

So, again, the lack of federal legislation to decriminalize cannabis is increasing the cost of doing business, he went on. “If that happened, I think the cost of insurance would go down because you’d have more competition overnight in the space.”

Another barrier to continued growth that is slowly coming down is stigma surrounding the products themselves.

“For decades, it was drilled into people’s heads that this was a bad thing,” Gallagher said. “It’s going to take time to change that, and the most powerful tool is social proof and people seeing their friends and relatives using it to either treat various ailments or enhance their lifestyle; they see they’re successful, healthy individuals, and this is just a way to improve their lives. But I think it’s going to take time.”

For example, Gottschlicht added, “we have a bedtime edible to help you sleep, and we’ve seen people who were non-cannabis users start using that and come into the space because of that. It’s incredible how many people have gotten off standard pharmaceuticals and gone to half a gummy every night. The feedback has been, ‘it doesn’t make me groggy; it doesn’t give me the melatonin hangover I’ve gotten in the past. I feel normal in the morning, and it helps me sleep through the night.’”

Hearing those testimonies from friends and family is often how the stigma barrier falls for people who have been nervous about stopping by, he noted. “They think, ‘hey, there’s some good benefit to this.’ Or as an alternative to opioids after surgery — we’ve had a lot of people come in who just don’t want to take opioids for pain after surgery; they want to try cannabis because it’s not as addictive as some of the opioids out there.”

Sanders agreed. “I personally think the biggest move you can make to convert non-cannabis users to cannabis is this one-on-one experience, people telling people, or people coming in and finding relief from something — maybe sleep issues or aches and pains. And when you convert one person, they tell someone, and then they tell someone.”

 

Business Is Blooming

It’s been fulfilling to see the industry grow, Foster said — not to mention a boost to his own professional practice.

“The big uncertainty now is what consolidation in this industry is going to look like, and when is it going to happen. Everyone knows big players are going to come in and buy up companies and create brands that stretch across the nation; it’s already occurring, though not a lot … yet.”

But as more investors become comfortable with industry — there’s that idea of breaking through stigma again — that consolidation will happen, he went on. Drawing on the beer industry, he noted there’s no Anheuser-Busch in cannabis yet — it’s all microbreweries, so to speak. But even when large, national companies spread across the space, there will always be room for the boutique experience, for small companies that continue to research and promote the effects of new and different strains.

Research that is not currently happening to the degree it could because much research, especially clinical research at universities, is dependent on … wait for it … federal funding.

But once that research takes off and the cannabis industry escapes the shackles of federal illegality — a development that industry players generally agree will happen at some point — the products will continue to become more legitimized in the public eye, and the potential customer base will expand.

“People are asking, is the industry tapped out? No, I’m not seeing that,” Foster said. “Every business that opens up has a line out the door, and every facility that opens up can sell everything it makes. So, we have not reached a point of saturation by any means.”

That ever-expanding competition is another challenge, Sanders said, but one that should benefit all players because it further legitimizes the products in more people’s minds. But it also means individual businesses need to work harder to stand out. Canna does that with a strong focus on the individual experience and locally sourced products — including its own brand, Smash — with interesting, local stories behind them.

“There’s more good people than not in this space, and we owe it to consumers who are cannabis-curious to put our best foot forward and make sure they have as much information about our products as possible, so they don’t have any unexpected reactions,” she said. “Our commitment is to great products we can tell a story about, that we understand and respect and can get behind and provide the best experience we can possibly provide, and educate our customers.”

Insa, which has a production facility in Easthampton and four dispensaries across the region, including a flagship store in Springfield, has also expanded nationally, with a production facility in Pennsylvania selling to about 100 dispensaries and a Florida license to build a production site and medical dispensaries. And Gallagher embraces the growing competition in all those regions.

“The way we look at it, this is a much bigger industry than exists today,” he said. “If we all do a good job and operate responsibly and create good quality products, it will encourage more people to enter the industry and experiment and try it, and this will get much, much bigger. A rising tide lifts all boats, and as long as you have good, responsible players in the market, it’s going to be a benefit to everyone.”

Still, he added, “it’s a tough business. One of the common misperceptions is, people think it’s going to be easy. But it’s probably the hardest thing I’ve had to do. You have to be on it every day. And when you’re dealing with any biological product, the number of variables to control are immense. So it’s extremely challenging.

“But it’s been great,” he added. “The relationships we’ve built along the way have been fantastic. I wouldn’t change it for anything.”

Except, of course, for some pesky federal laws.

 

Joseph Bednar can be reached at [email protected]

Cannabis

A Front-row Seat

Bruce Stebbins remembers the time during his tenure on the Massachusetts Gaming Commission when that body was essentially subleasing some of its space on Federal Street in Boston to the recently formed Cannabis Control Commission (CCC), charged with overseeing an industry then — and in most all ways still — in its infancy.

While the two entities had separate quarters, the commissions and their staffs would cross paths often, he said, adding that there were lively discussions and some sharing of ideas between the two very different worlds.

“I was regularly running into my counterparts on their commission and staff while waiting for the elevator,” he recalled. “We actually had a lot of staff from our team having a lot of conversations with staff from their team, in part out of convenience — they were on the same floor. There was a lot of information going back and forth on the staff level … and it was the introduction of that new industry that was really exciting for me.”

Little could he have known at that time, but Stebbins, a former Western Mass. resident known to many in this region for his work with a host of economic-development-related agencies, would soon be on the front lines of that new industry.

Bruce Stebbins

Bruce Stebbins

“We have 267 cannabis establishments open in Massachusetts, most of them on the retail side. Unlike gaming, which had a limited number of licenses, there are no limits on the number of cannabis licenses; it’s an interesting structure because there’s been an effort to create opportunities for a local entrepreneur as well as larger operators who have significant experience in other states.”

Indeed, he would eventually trade his seat on the gaming board for one on the Cannabis Control Commission. And that puts him in a unique position.

Indeed, he’s able to talk firsthand (as no one else can, because no one else has sat on both commissions) about these two huge additions to the state’s landscape — and its business community. And he did just that in a lengthy interview with BusinessWest, during which he did a little comparing and contrasting of the two industries. But mostly he talked about his latest assignment, how it came about, and what he projects for a cannabis industry that is already having a profound impact on the state — nearly $2 billion in sales since the first retail establishments opened in 2018 — and, especially, individual cities and towns.

He said the industries are similar in that they are bringing millions of dollars in tax revenue to the state and adding thousands of jobs as well, but also different in some ways. There are only three casinos, obviously, while there are now nearly 300 cannabis-related operations doing business in the state. The casinos are owned and operated by huge international corporations, while the cannabis ventures come in all sizes, from huge, multi-state operations to smaller entrepreneurial enterprises.

And while the resort casinos have changed the landscape in Springfield, Everett, and Plainfield, the cannabis industry is reshaping dozens of smaller communities and bringing new life to idle real estate across the state (more on that later).

Named to the board in January, Stebbins said he’s still learning about the burgeoning cannabis industry in Massachusetts, and there is much to learn.

His education involves venturing out and seeing various operations in person, he said, and also listening to a large and intriguing mix of activists, stakeholders, physicians, parents, and those who have been in the industry, including some who have come to Massachusetts from other states that had legalized cannabis earlier, such as Colorado and Washington.

Overall, while it’s difficult to say how large and impactful the cannabis industry can become in the Bay State, he said there are essentially “no limits” on either the number of licenses or the bearing of this sector on the economy or individual cities and towns.

“We have 267 cannabis establishments open in Massachusetts, most of them on the retail side,” he noted. “Unlike gaming, which had a limited number of licenses, there are no limits on the number of cannabis licenses; it’s an interesting structure because there’s been an effort to create opportunities for a local entrepreneur as well as larger operators who have significant experience in other states.”

For this issue and its focus on the cannabis industry, BusinessWest talked with Stebbins about what he can see from his front-row seat, what he’s learning, and what he projects for an industry that is off to a fast start and shows no signs of slowing down.

 

On a Roll

When asked about how he wound up trading his seat on one commission for the other, Stebbins started by talking about the positions that became available on the CCC and his decision to apply for one of them.

Key to that decision is the why. As with the Gaming Commission, he was drawn to this board — and the cannabis industry — because of its broad implications for economic development within the Commonwealth.

“Part of my passion has been fueled by the opportunity to work with this new industry coming into Massachusetts,” he noted. “Similar to my interest in the gaming work that I did, I was looking for the economic-development aspects of this [cannabis] industry, whether it’s investment, jobs, small-business opportunity … I certainly saw that both gaming and the introduction of the cannabis industry was going to offer those opportunities. That’s where my passion lay with gaming, and it’s where it lies with cannabis as well.”

Surveying the scene in the Commonwealth, he said cannabis has come a long way in a short time in Massachusetts.

“I was impressed with the work of the commission and the staff … from the time the ballot question passed to the statute to opening the first retail, it was about two years; that’s very aggressive,” he said, adding that the industry is still ascending, with no real indication of just how high it can go.

“Right now, a big part of the agenda of our meetings is looking at renewals, final licenses for applicants, and also a healthy number of provisional-license applications that are coming through the door,” he said. “There doesn’t seem to be a slowing down of activity when it comes to people pursuing a license and people taking the final steps to opening their doors.”

Elaborating, he said there are a number of ways to measure the impact of this industry, with the number of licenses and the volume of sales being only a few of them.

Others include the positive impact on the real-estate market, with cannabis operations bringing a number of idle or underutilized properties — from retail storefronts to former paper and textile mills — back to productive life, with the promise of more at venues that include the massive former JCPenney property at the Eastfield Mall.

“Being from Western Mass., being from Springfield, and knowing Holyoke, I think one of the obvious returns has been investment in brick and mortar, whether it’s been an old mill building as a cultivation-and-grow facility to some of the new retail facilities that you see popping up,” Stebbins said. “There have been many healthy examples of how this has led to increased investment in communities that might have been struggling with underutilized properties that weren’t helping out the tax rolls.”

He cited examples of such dynamic reuse in Holyoke, Sturbridge, Southbridge, and several other communities, while noting that behind each of those walls are jobs that didn’t exist three years ago.

One of the industry’s best qualities, he went on, is the opportunities it offers to different constituencies, when it comes to both jobs and entrepreneurship — within the industry and supporting it as well.

“The cannabis statute obviously wanted to a heavy emphasis on hiring those who were disproportionately impacted by the war on drugs,” he explained. “We are in the middle of our application phase for our social-equity program, which gives individuals from those neighborhoods an opportunity to explore being an entrepreneur in this industry, looking at a management track, looking at an entry-level job track, as well as ancillary business; maybe you don’t want to actually be a cannabis retailer, but you might be an electrician, and what job opportunities and business opportunities are out there because of this industry?”

Stebbins acknowledged there are certainly some barriers to entering this industry, especially when it comes to capital and access to it, and he lauded the CCC and the Legislature for efforts to create loan funds — some of them from revenues generated by the industry — and other programs to ease access and remove some of those barriers.

“Some great work has been done, and we’re not taking our eye off the focus of making sure those opportunities are available for social-equity applicants,” he said.

These qualities separate the cannabis industry from gaming in some respects, he went on, adding that, while both have created jobs, the cannabis sector has created more opportunities in more regions and in more cities and towns — and also more types of opportunities.

“Cannabis has created a wide variety of jobs — testing jobs, cultivation jobs, retail jobs, product-manufacturing jobs,” he said. “And there’s also the fact that the industry has the ability to take root across the Commonwealth and not just in specific regions or specific, identified communities.”

 

Joint Ventures

Reflecting on the past several years, Stebbins said he’s had a remarkable opportunity — one that has placed him on the front lines in the development and maturation of not just one new industry within the Commonwealth, but two of them.

It’s been a rewarding experience — and a learning experience — on many levels, he said, adding quickly that he has a great deal of energy and passion when it comes to finding solutions and helping new businesses grow, reach their full potential, and be successful.

That’s true of both sectors, but especially his latest assignment — a cannabis sector that has certainly taken root, both literally and figuratively, but will inevitably suffer growing pains. u

 

George O’Brien can be reached at [email protected]