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It’s Time to End California Distribution Licenses

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California’s cannabis laws are a textbook example of what a state shouldn’t do. And one of the best examples of this is California’s distribution licenses. These licenses were unnecessary from the get go, and the recent developments have only made that reality more apparent. It’s time for the state to end distribution licensing and simplify its arcane cannabis laws once and for all.

What are distribution licenses?

Cannabis needs to get from one place to another. Rather than do the obvious thing and let cultivators drive it to manufacturers, for example, our state decided to create the concept of distribution licenses. It wouldn’t make economic sense for the state to create a class of licenses that are just glorified movers, so they decided to give distributors other jobs. They’d collect the cultivation tax from cultivators. They’d collect the excise tax from retailers. They’d remit those taxes to the California Department of Tax and Fee Administration and file periodic reports. They’d arrange for mandatory lab testing for cannabis goods. And they could do other things like store other licensees’ goods. Was this necessary? No. But it’s the system we got.

Early problems for distributors

Early on, many licensees got a separate distribution license or added distribution to their microbusiness. They thought things would be convenient later down the road because they wouldn’t have to rely on third parties. But after a few years, people started to realize this wasn’t worth it. Self-distribution turned out to be unprofitable in many cases, especially further out in the state. Many suppliers started to use larger distributors who could offer bespoke value-adds, like access to a distribution network, consignment distribution, long-range transport, massive storage facilities, or even drumming up sales through their networks. So a lot of the suppliers who got early distribution licenses decided to give them up.

Burner distribution licenses

This brings us to the first big bump in the road for distributors – burner licenses. My colleague, Hilary Bricken, recently wrote about burner licenses, so I won’t recount all of those details here. But here is a common scenario – a licensee decides to sell off its distribution license rather than letting it lapse. Someone swoops in to buy it, and then uses it to buy a boatload of cannabis from legal suppliers. That cannabis then disappears into the illegal market. The buyer does this as much as they can before simply abandoning the license. They may net hundreds of thousands, if not millions of dollars with burner licenses. This activity has been a huge burden on the legal market and a stain on the state’s alleged enforcement policies.

Tax shifting and the downstream effects on distributors

Another problem for distribution licenses as a concept was the state’s restructuring of its tax laws. Essentially, the cultivation tax was eliminated, and retailers were given the reins over excise taxes. Initially, this was a win for distributors. You’d be hard-pressed to find a bigger distributor that didn’t owe six or seven figures to the California Department of Tax and Fee Administration (CDTFA). At the same time, the tax restructuring had a pretty devastating effect on retailers and took away one of the main purposes justifying distributors’ existence.

The effect of this restructuring on retailers can’t really be overstated. For years, I’ve heard clients complain about retailers not paying or dragging their feet on payment. Many suppliers and distributors still use handshake agreements, which means that incentives to force debtors to pay (like attorneys’) fees are not usually on the table. The problem of non-payment has skyrocketed this year. Decreased consumer demand is one of the driving factors, but the requirement for retailers to collect, report, and remit the excise tax hasn’t helped at all.

At the same time, the state is losing tons of tax revenue. We’ve helped licensees negotiate payment plans with the CDTFA and are seeing the agency become more aggressive in pursuing unpaid taxes. Much of these tax bills are on distributors for cultivation and excise taxes payable before the state’s tax restructuring. So as we sit here today, the CDTFA is squeezing distributors for money at the same time that more and more retailers are skipping their bills. This isn’t a good recipe for the industry.

Distributors aren’t the only ones who will suffer

The problems I described in the prior section may be one of the reasons that bigger distributors fail. It’s been widely reported that HERBL (one of the state’s biggest distributors) is apparently in the midst of such a crisis. More are sure to follow. And when distributors fail, it’s not just them who suffer. Consider the fact that many distributors do consignment or similar arrangements. For example, a supplier may arrange for a sale to a retailer and have the distributor transport product for them. Or maybe the distributor takes possession of the product (not title) and arranges for sale. In these cases, the distributor often collects money from the retailer, deducts its fee, and then pays the supplier. And often times, payment is on net (delayed) terms.

When a distributor fails, many suppliers will be right in line behind it. Imagine a retailer buys $100,000 of cannabis in one of the above arrangements. The supplier and distributor may both demand payment from the retailer, who understandably would hesitate to pay either party and risk being sued. This will drag out payment and increase litigation costs for everyone involved.

Let’s maybe stop doing this

Having a distribution license type out there is unnecessary. Many states do fine without them. There’s no reason why a cultivator couldn’t drive cannabis from point A to B. There’s no reason why a manufacturer couldn’t arrange for lab testing. Distribution licenses no longer deal with taxes and are no longer as relevant. So why do we still require them? We just shouldn’t.

At the same time, state law is hard to change. California’s cannabis laws were passed via voter initiative, which takes legislative changes off the table for many parts of the law. And convincing enough voters to do something about an issue this obscure would be, well, not likely to happen. The state should still do everything in its power to simplify the process and expand the scope of distribution activities to other licensees. Maybe it would even be possible to authorize all other licensees to conduct distribution themselves without legislative changes (for what it’s worth, I haven’t thought this one out in full yet).

Eliminating distribution licenses will not solve the market’s problems. But it will make it easier for businesses to cut out middle men (if they want!) and make doing business in an already insanely over-regulated industry a little easier. Every single effort the state can make to clear away regulatory red tape will help a lot. So it’s time that the state thought long and hard about getting rid of distribution licenses and simplifying the system.



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Wet Marijuana – How Do You Dry Out Your Wet Stash?

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marijuana gets wet what can you do

Whether you bought your cannabis or dried it yourself, there’s a good chance it got wet accidently. This might have happened by mistake or because the cannabis was washed purposely to eliminate contaminants and enhance its flavor. Regardless, it’s disheartening to devote time, money, or effort just to wind up with a useless product. But do not worry—there are solutions.

 

There is a narrow line between slightly moist buds and perfect stickiness, which some people prefer.

 

If your cannabis squishes when lightly squeezed, it’s likely overly damp. Buds should feel somewhat sticky because to the resin (which contains the cannabinoids), but they should bounce back slightly when squeezed rather than crush.

 

Wet cannabis may seem sticky, but it will not adhere to your fingertips. You’re seeking for buds with a honey-coated texture, comparable to baklava. If they feel wet or spongy, you have a problem.

 

Common Issues With Wet Cannabis

 

Difficult to Light 

It’s no surprise that wet cannabis is hard to ignite. If you can’t light it, you can’t smoke it.

 

Mold Risk 

Excess moisture, as explained in *How to Dry and Cure Cannabis*, complicates pot storage and can lead to mold. Smoking moldy cannabis is risky because it contains germs and fungus that can harm your respiratory system and increase your risk of pneumonia.

 

Bad Taste

If you somehow manage to smoke damp weed, it won’t taste great. It’s like smoking uncured cannabis—definitely not pleasant.

 

The Risks Of  Wet Weed

 

While smoking wet pot is not always harmful to your health, the length of time the bud remains wet can make a significant effect. A damp atmosphere is ideal for mould, fungus, and bacteria. So, if you keep your cannabis wet for too long, you may get more than you bargained for. Smoking mouldy cannabis can cause headaches, lung issues, and even pneumonia. As a result, if your weed became wet, it is safer to dry it straight away.

 

Regardless of whatsoever drying method you use, it is critical to examine your marijuana for mold before and after drying. If it has a nasty odor—like leftovers from last week—or if you notice something clearly growing on it, it’s better to toss it away. Now let’s look at what you can do if your marijuana becomes moist.

 

How to Dry Out Wet Cannabis

 

To save your damp weed, dry it out with moisture-absorbing ways. Whether you’re a grower who didn’t properly cure it, it got caught in the rain, you inadvertently spilled something on it, or it’s just unusually humid outdoors, there are several reasons why your cannabis may be storing too much moisture. Fortunately, there are several solutions to the problem.

 

Rice Drying Method

If you’ve ever spilled a drink on your phone, you’re probably familiar with this trick. It turns out uncooked rice isn’t just for saving electronics—it can help with wet weed, too. Place your wet buds in a bowl or bag, then cover them completely with dry rice.

 

The rice will draw out the excess moisture, helping your buds return to their ideal state. Depending on how wet your weed is, leave it in the rice for at least 24 hours. If it’s still damp when you check, give it another day. Just make sure to seal the container, and let the rice do the work!

 

Put a Paper Over the Problem

If your marijuana became wet, don’t worry—you can easily repair it with a paper bag. Simply place your moist buds in a closed paper bag and store them somewhere cool and dry. If you have a dehumidifier, now is an excellent time to utilize it. The paper bag circulates air while protecting your blooms from trichome-damaging light.

 

To increase moisture absorption, wrap your cannabis with paper towels before placing it in the bag. The paper towels will help absorb the extra wetness. Replace the towels and rotate your weed every several hours, checking for mold. This also helps to remove any trapped dampness from the bag.

 

Revive Your Damp Weed

If you’re a grower, you’re no stranger to the challenges of battling moisture and mold. After a successful harvest, properly curing your buds is essential. The same curing tools can also help remove moisture from buds that have become too damp. If your weed is fully soaked, start with the rice method. But if it’s just a bit moist, try placing a humidipak in your airtight container.

 

Avoid Cutting Corners

It’s tempting to use heat to hasten the drying process of damp weed. Ultimately, you most likely want to smoke it as soon as possible. It’s important to avoid shortcuts that utilize heat or light, though.

 

Your weed’s quality can be diminished by using a blow dryer, an oven, or leaving it outside in the sun. Terpenes and cannabinoids are broken down by light and heat, which lessens their taste and efficacy. You might lose strength in the process of gaining time. Furthermore, you run the danger of over-drying your buds, which makes for a harsher, less pleasurable smoke.

 

Moisture Prevention: Proper Weed Storage

 

Wet weed can be unpleasant at best, and downright destructive at worst (hello, mold!). While accidents happen, there are steps you can take to prevent excess moisture from ruining your stash. The key is to keep it in the Goldilocks zone—not too wet, not too dry. Freshness starts with proper storage. Keep your cannabis in an airtight container, stored in a cool, dry, and dark place. Simple, right?

 

Mason jars are a solid option, but for optimal care, consider investing in a specialized container like the CVault. It’s airtight, blocks light, and comes with a humidipak to keep your weed fresh longer. Just avoid plastic baggies—you’re a cannabis enthusiast, and dime bags are a thing of the past.

 

Bottom Line

 

If your cannabis gets wet, it’s crucial to act quickly to dry it out to avoid mold and maintain quality. Use methods like the rice drying technique or paper bag with paper towels to absorb moisture. Avoid using heat sources as they can degrade the weed’s quality. Proper storage in airtight containers and maintaining a cool, dry environment will help prevent future moisture issues. Always check for mold and other contaminants before consuming. By following these steps, you can preserve your cannabis’s flavor and potency.

 

GOT SOME WEED WEED, READ ON…

WET CANNABIS IDEAS

TIPS TO GET YOUR MARIJUANA STASH DRY, WHAT TO DO FIRST!



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What Product Created $8,700,000,000 in Tax Revenue for States in Just 36 Months?

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marijuana taxes in 36 months

The legalization of cannabis has transformed the economic landscape of many states across the United States. New federal data reveals that since 2021, states have collectively collected over $8.7 billion in marijuana taxes. This figure not only highlights the financial potential of legalized cannabis but also reflects changing public attitudes toward marijuana use and its regulation. As more states embrace legalization, understanding the implications of this revenue generation becomes crucial for policymakers, businesses, and communities alike.

 

The Landscape of Cannabis Legalization in the U.S.

The journey toward cannabis legalization in the United States has been long and complex. Cannabis was criminalized in the early 20th century, with the Marihuana Tax Act of 1937 effectively prohibiting its use and distribution. However, attitudes began to shift in the late 20th century, with California becoming the first state to legalize medical marijuana in 1996.

 

The momentum continued to build, culminating in Colorado and Washington becoming the first states to legalize recreational marijuana in 2012. Since then, a wave of legalization has swept across the nation, with 21 states and the District of Columbia now allowing recreational use.

 

Current Legal Status of cannabis legalization in the  U.S

 

As of September 2024, a total of 21 states have legalized recreational marijuana, while a dozen more permit medical use. The regulatory frameworks vary significantly from state to state, influencing tax structures, sales practices, and usage regulations. Some states have opted for high taxes on cannabis sales as a means to generate revenue, while others have focused on creating a more accessible market for consumers.

 

Tax Revenue Breakdown

 

 Overview of Revenue Generation

 

According to recent federal data, states have amassed over $8.7 billion in marijuana tax revenue since 2021. This revenue comes from various sources, including excise taxes, sales taxes, and licensing fees imposed on cannabis businesses. The breakdown of this revenue is essential for understanding how different states are capitalizing on legalization.

 

  • Excise Taxes: These are taxes imposed directly on the sale of cannabis products. States like California and Colorado have implemented excise taxes that can range from 15% to 30%, depending on local regulations.

 

 

  • Licensing Fees: States also collect significant revenue through licensing fees charged to cannabis growers, manufacturers, and retailers. These fees can be substantial and contribute to the overall financial picture.

 

State Contributions

 

California: The Leader

 

California remains at the forefront of marijuana tax revenue generation. Since legalizing recreational cannabis in January 2018, the state has collected over $3 billion in taxes alone. The state’s complex tax structure includes a 15% excise tax on retail sales and additional local taxes that can vary widely by municipality.

 

The revenue generated has been earmarked for various public services:

 

 

 

Colorado: A Model for Success

 

Colorado was one of the first states to legalize recreational marijuana and has since become a model for other states looking to implement similar legislation. Since legalization, Colorado has generated over $2 billion in tax revenue from cannabis sales.

 

The state’s tax structure includes a 15% excise tax on wholesale transactions and a 2.9% state sales tax that applies to all retail sales. Local jurisdictions can impose additional taxes as well.

 

Colorado has utilized its cannabis tax revenue for various purposes:

 

 

 

Illinois: Rapid Growth

 

Illinois is another state that has seen rapid growth in marijuana tax revenue since legalizing recreational use in January 2020. In just over three years, Illinois has collected more than $1 billion in cannabis taxes.

 

The state imposes a tiered excise tax based on THC content:

 

 

 

Illinois has directed its cannabis revenue toward social equity programs aimed at addressing historical injustices related to drug enforcement policies.

 

Economic Impact Beyond Tax Revenue

 

 

Legalizing marijuana has led to substantial job growth across various sectors. As of early 2024, nearly 15,000 cannabis dispensaries operate in the U.S., employing an estimated 93,000 workers. This includes roles in cultivation, processing, distribution, and retail. Additionally, the industry stimulates job creation in ancillary sectors like software development, accounting, and construction. The cannabis sector is projected to grow further, potentially increasing legal cannabis jobs by 250% over the next decade.

 

 

The burgeoning cannabis industry presents numerous business opportunities for entrepreneurs. The market has attracted significant investment, leading to the establishment of various businesses ranging from cultivation facilities to dispensaries and ancillary services. In 2022, consumers spent approximately $30 billion on legal marijuana products, surpassing expenditures on chocolate and craft beer. This consumer spending not only benefits cannabis businesses but also generates substantial tax revenue for states.

 

 

Cannabis tax revenue often supports local communities by funding essential services. For instance, Colorado has allocated millions from cannabis taxes toward education and homelessness services. This redistribution of wealth enhances community welfare and infrastructure.

 

 

Legalization also reduces the costs associated with enforcing drug laws. States can reallocate funds previously used for law enforcement to other community programs, further amplifying the positive economic impacts.

 

 Long-term Economic Growth

 

As the cannabis industry matures, it is expected to contribute significantly to overall economic growth. Projections indicate that the total economic impact of the cannabis industry could reach nearly $150 billion by 2026, underscoring its potential as a major economic driver in the U.S.

 

Community Benefits

 

Beyond economic metrics, communities are experiencing benefits from legalized marijuana:

 

 

 

 

Challenges Ahead

 

Despite the positive economic impacts associated with marijuana legalization, several challenges remain:

 

  1. Federal Regulations

One significant hurdle is the ongoing federal prohibition of marijuana. While many states have legalized its use, cannabis remains classified as a Schedule I substance under federal law. This creates complications for banking and taxation:

 

 

  1. Social Equity Concerns

 

As states continue to generate substantial revenues from legalized marijuana, there is growing concern about social equity:

 

 

 

 

  1. Market Saturation

 

As more states legalize marijuana and existing markets expand, there is potential for market saturation:

 

 

 

Prospective Developments

As more states legalize recreational marijuana, tax revenues are expected to continue rising. With 37 states and Washington, D.C., having legalized some form of cannabis by 2024, the potential for increased tax revenue is significant. Experts estimate that nationwide legalization could generate up to $8.5 billion annually for all states. This growth will likely be driven by expanding markets and consumer acceptance, as well as the introduction of new products and services within the cannabis industry.

 

States are experimenting with various tax structures to optimize revenue while ensuring competitiveness against the illicit market. The adoption of potency-based taxation—taxing products based on THC content—has emerged as a trend in states like New York, Illinois, and Connecticut. This approach aims to create a more equitable tax system that can adapt to market changes and consumer preferences. However, states must remain cautious about overtaxing, which can drive consumers back to illegal markets.

 

 

The allocation of marijuana tax revenue will continue to be a critical issue. Many states have earmarked funds for essential services such as education, public health initiatives, and infrastructure improvements. For instance, Colorado has directed substantial portions of its cannabis tax revenue toward school construction and behavioral health programs. As revenues grow, states may face pressure to diversify spending or address social equity issues related to past drug enforcement practices.

As the cannabis market matures, prices may stabilize or decline due to increased competition and efficiency in production. This maturation could result in fluctuating tax revenues as consumer behavior adjusts. States that have seen significant price drops—like Colorado, where prices fell by 60% from 2014 to 2023—may experience challenges in maintaining consistent revenue streams. Policymakers will need to adapt their strategies accordingly.

The ongoing conversation about federal legalization could dramatically impact state revenues. If cannabis were legalized at the federal level, it would open up interstate commerce opportunities and allow cannabis businesses access to traditional banking services. This change could lead to an influx of investment and further stimulate job creation within the industry.

 

As states continue to collect substantial tax revenues from marijuana sales, there is growing recognition of the need for social equity initiatives. Many advocates argue that a portion of tax revenue should be directed toward communities disproportionately affected by past drug policies. Future developments may include programs aimed at providing grants for minority-owned businesses within the cannabis sector or funding for substance abuse treatment programs.

 

.

 

 Conclusion

 

The collection of over $8.7 billion in marijuana taxes since 2021 demonstrates not only the financial viability of legalized cannabis but also its potential impact on public services and community development. As more states navigate their paths toward legalization and regulation, it will be crucial for policymakers to address challenges related to equity, access, and federal regulations.

 

With continued advocacy for reform at both state and federal levels, along with innovative approaches to taxation and regulation, the future looks promising for both consumers and businesses within this burgeoning industry. As society continues adapting its views on cannabis use, understanding these dynamics will be essential for maximizing benefits while minimizing challenges associated with this rapidly evolving sector.

 

MARIJAUNA TAXES HIT $20 MILLION IN ONE CITY BUDGET, READ ON…

WHAT DO MARIJUANA TAXES PAY FOR

WHAT CITY HIT $20 MILLION IN MARIJUANA TAXES COLLECTED?



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Federal Cannabis Roundup: Nixon, DEA, Tobacco-Hemp . . . and the DOOBIE Act (*sigh*)

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Last week, I wrote a round-up post on Oregon cannabis. This week, I thought I’d drop a line on the federal happenings. Which are quite a few.

The Nixon tapes

This was a fun piece of news, unearthed by Minnesota cannabis lobbyist Kurtis Hanna. Ernesto Londoño then broke the story on September 14th for the New York Times, which you can read here. In short, Nixon conceded that marijuana “is not particularly dangerous,” despite calling the plant “public enemy No. 1” only two years prior. And he opined that punishments ought not be so serious for possession of the plant.

I say this news is “fun” because it’s more interesting than surprising and I doubt it will have much impact. Nixon was a mean old liar, and one with an animus toward certain groups of people. I also don’t think this revelation will persuade the vocal, diminishing minority of prohibitionists to change their minds. I like it anyway, especially as cannabis history nerd. We were right!

DEA embraces two-step review for marijuana rescheduling

This one is important, in my opinion. It relates to the method of analysis DEA must undertake when determining whether a drug, including marijuana (and psilocybin, and any other verboten substance), has a “currently accepted medical use.” In April, the Department of Justice’s Office of Legal Counsel (OLC) put DEA in a box on this one, explaining that the old, five-part test was “impermissibly narrow.” OLC thus endorsed the two-part test. On September 17th, DEA assented to the test for Schedule I review.

The two-part test bodes well for DEA’s rulemaking, now underway, to move marijuana from Schedule I to Schedule III of the federal Controlled Substances Act. How do we know? Well, the Schedule I stans don’t like it, for starters. This is because, under two-part review, a drug can have currently accepted medical use: a) even if that drug hasn’t been approved by FDA, and b) even if the drug wouldn’t pass DEA’s scrapped five-part test. So, more runway.

DOOBIE Act on the way?

I’m embarrassed even having to type that. But yes, some Congressperson named a federal cannabis bill the “DOOBIE Act,” unfortunately. With a press release and everything.

This proposal would prohibit federal agencies from denying security clearance and employment to people simply because they have used marijuana. In my reading of the actual bill, these agencies could still ding an applicant for past marijuana use, but they couldn’t “base a suitability determination . . . solely on the past use of marijuana by the individual.” The word “solely” needs to go.

Because this bill applies only to “Executive agencies” under 5 U.S. Code § 105, it also wouldn’t have prohibited, say, Joe Biden from doing his “doobie” staffers dirty, which he definitely did.

FDA gets the nod on tobacco-hemp

I like the Congressional Research Service (CRS) and often send people thataway. On September 16th, CRS published a new report titled “Legal Effect of Marijuana Rescheduling on FDA’s Regulation of Cannabis.” Here are my extremely condensed takeaways:

  1. FDA can authorize tobacco products containing hemp-derived cannabinoids (although it hasn’t yet). This is because hemp is not a controlled substance.
  2. Marijuana, even at Schedule III, would still be banned as a tobacco additive (and probably always will be). This is because FDA would need to approve specific cannabis medicines first, and it never does that for botanical drugs.

Here we have one of those cognitively dissonant outcomes often seen with the cannabis plant. As a reading of law it makes sense, but as to policy it’s nonsense. You can thank Richard Nixon and other cannabis heels for that.



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