The cannabis industry had a banner year in 2018, highlighted by Canada becoming the second country to pass national legalization, the Farm Bill lifting restrictions on the commercial farming of hemp, and more states expanding their recreational and medical cannabis programs. Unfortunately, the intersection of innovation and growth has been tainted by cyber attacks. Notably, the Ontario Cannabis Store, an online retailer and wholesaler, and Denver-based software firm, MJ Freeway, experienced major data breaches. We’ve discussed security best practices for your dispensary, and now we examine how to safeguard your cannabis business from cyber threats.
Have an Airtight Point of Sale System
The hardware and software combination that centralizes your business operations makes POS systems prime targets for hackers. The data stored in POS systems contain valuable and sensitive customer, employee, inventory, and operational information. Invest the time with your POS vendor to fully understand security coverage used to protect your data, their servers, and the privacy of your patients.
“There is an enormous incentive for hackers to target our young and immature industry…”
Ensure all Integrated Systems are Secure
While POS systems are one entry point for hackers and ransomware, so are the openings created by integrated systems. Cannabis businesses often use POS, Business Management, and Enterprise Resource Planning (ERP) systems together. It’s a best practice, but it also provides hackers with a low barrier of entry into your data. Protect vulnerable business data by sealing any security gaps during the integration process.
Hire an Independent Cyber Security Expert
Go all in by hiring a third party to ensure security across the board. If recent history is any indication, cannabis businesses will continue to be vulnerable to data breaches–leaking tax records, social security numbers and citizenship information–that can have devastating bottomline and reputational impacts. The right cyber security provider will not only ensure compliance, but also proactively protect your customers and investment.
Burgeoning cannabis businesses recognize that with great success comes great risk. In the race to ensure regulatory compliance and business growth and sustainability, protecting your operational data must be a top priority. Dr. Moe Afaneh, COO of BioTrackTHC, sums it up nicely: “Cannabis businesses are literally gold miners [sic] in the sense that their software data will define the future of this industry and their success. There is an enormous incentive for hackers to target our young and immature industry, which is why the last thing you want to do is make it easy for them.”
Medical cannabis has been legal for only ten years in Israel, but the country is widely considered the global leader in cannabis innovation. It started back in 1964 when Israeli chemist and “Godfather of Cannabis Research”, Dr. Raphael Mechoulam discovered Tetrahydrocannabinol (THC) and the body’s endocannabinoid system, the largest receptor system in the human body. Mechoulam’s breakthrough is credited with legitimizing the scientific study of cannabis, but Israel’s contribution to cannabis innovation has not stopped there.
Global Leader in Cannabis Research
Currently, there are more clinical trials in Israel than any other country. Not only does Israel have a government-sponsored cannabis program, it also boasts the world’s highest percentage of financial resources devoted to research, with much of the funding coming from the U.S., Canada, Australia, and Germany, where federal laws obstruct research and trials. Since cannabis remains a Schedule 1 narcotic in the U.S., American companies and organizations have been outsourcing their research to Israel. For example, the National Institutes of Health has funded Mechoulam’s research for the past 50 years, providing an average of $100,000 a year to study the medicinal benefits of cannabis.
Ground-Breaking Autism Study
Israel further highlighted the efficacy of medical cannabis for the treatment of autism. A recent study conducted by Ben-Gurion University of the Negev and Soroka University Medical Center showed promising results. 188 patients treated with cannabis oil reported significant improvements in quality of life and mood. According to the Jerusalem Post, “A good quality of life, which was reported by 31.3 percent of patients prior to treatment initiation more than doubled to 66.8 percent at six months. Positive mood moved up to 63.5 percent from 42 percent after six months. Good sleep, reported by only 3.3 percent of patients, shot up to 24.7 percent, and concentration went up from zero percent to 14 percent during active treatment.”
Israel boasts the world’s highest percentage of financial resources devoted to cannabis research.
Penetrating the U.S. Market
Seizing on the expansion of medical cannabis programs here, Israel is investing in U.S. markets. Tikun Olam, the first licensed medical cannabis provider in Israel, currently offers its proprietary oils, tinctures, topicals and other delivery forms in Delaware and Washington state, and will be entering California and Florida next. The company has been testing 32 genetically unique strains of cannabis for help with cancer side effects, autism, Crohn’s disease, active Parkinson’s, Tourette’s, Fibromyalgia, and complex motor disorders. Since the importing of cannabis into the U.S. and transport across state lines is illegal, Tikun Olam is investing in infrastructure in these states where its products can be grown, processed, and sold.
In January, the Israeli Cabinet approved a law permitting the export of medical cannabis, following a parliamentary approval in December of last year. Along with the Netherlands and Canada, Israel is now the third country in the world to allow the medical cannabis product-exportation.
The green rush is on in the Sooner State.
Oklahoma–renowned for its once harsh possession penalties–is now a land of opportunity for medical cannabis businesses. Among the nation’s most progressive medical cannabis programs, Oklahoma has hit the ground running in only six months and is light years ahead of other states delayed by stagnating legislation.
One of Oklahoma’s greatest differentiators is its reciprocity program that allows patients with out-of-state medical cannabis cards to qualify for renewable, temporary licenses.
The Oklahoma medical cannabis market could realize $250 million in annual sales in its first few years. According to the Oklahoma Medical Marijuana Authority, more than 2,200 business licenses had been issued, with an approved patient pool of more than 24,000 as of December, 2018. This speed-to-market is attributed to the fact that SQ 788 bypassed a special legislative session likely to have imposed restrictions, but instead prioritized patient-needs to get immediate access to cannabis treatments. The result is that there is no limit on business licenses, and doctors are free to recommend medical cannabis to patients for any condition they deem appropriate. In addition, the program is all-encompassing, prohibiting municipalities, cities, or counties from opting out.
High Retail & Wholesale Prices
Though there’s no cap on business licenses, supply is tight and product demand high, which is good news for dispensaries. Patients are lining up en masse for the state’s program, creating premium value for inventory. An ounce of cannabis flower, for example, averages $400, double the cost of Arizona’s medical cannabis market. Cultivation is prospering as well, with wholesale prices averaging between $3,500 – $4,500 per pound–at least twice that of competing markets.
One of Oklahoma’s greatest differentiators is its reciprocity program that allows patients with out-of-state medical cannabis cards to qualify for renewable, temporary licenses. They cost $100, are valid for 30 days, and permit patients to purchase, use, and even grow cannabis in Oklahoma. This provision is especially enticing for Arkansan customers as a stopgap while that program ramps up.
Some industry insiders caution that the possibility of over-cultivation and low prices will drive down retail and wholesale prices as it’s happened in other markets. Still, with so much success in its nascent stage and the evolution of regulations, Oklahoma may find a way to stabilize supply, increase demand, and sustain momentum.
Several governorships flipped as a result of the midterm elections, which can mean moving the needle on cannabis legislation. Here’s what we know about the new Governors Elect and how they are poised to change the cannabis landscape of their states:
Recognizing that Connecticut could see $30 million or more in tax revenue in year one of legalized recreational cannabis, Lamont has stated, “It is another source of revenue for the state. All of our neighbors have legalized marijuana. We [can] do this carefully [and] regulate it.”
The majority of Kansans support legal recreational cannabis, but Governor Elect Kelly wants to start with medicinal first. “I think that there is some momentum in the Legislature to pass, to legalize medical marijuana,” she said. “I think we would do it Kansas-style, where it would be well-regulated.”
Voters in Cook County supported recreational cannabis by a margin of 63 – 37 percent in a non-binding ballot referendum in March. It served only to gauge interest for the state, which has had a medicinal cannabis program since 2015. The day after winning the gubernatorial election, Pritzker noted that legalizing the sale and possession of cannabis for recreational use is “something we can work on nearly right away…We’ll restart those conversations with the leaders in both Houses, on both Republican and Democratic sides about our priorities, which will include legalization.”
The pro-cannabis Democratic–Farmer–Labor Party now controls the governorship, AG office and state House, which will help Governor Elect Walz with his recreational cannabis agenda. Earlier this year, he tweeted, “I support legalizing marijuana for adult recreational use by developing a system of taxation, guaranteeing that it is Minnesota grown, and expunging the records of Minnesotans convicted of marijuana crimes. #mngov #OneMinnesota”
Michelle Lujan Grisham
The Tax Foundation projects that New Mexico, a medical cannabis state, could raise up to $57 million in a year should it enact recreational legalization. Governor Elect Lujan Grisham appears to be onboard: “I am committed to working with the Legislature to move towards legalizing recreational cannabis in a way that improves public safety, boosts state revenues, and allows for New Mexico businesses to grow into this new market.”
Evers is in favor of medical cannabis and will leave it to voters to decide on adult-use legalization. If the midterm elections were any indication, Wisconsin should have a fully legalized program sooner than later. Non-binding referenda in 16 counties and two cities showed that an overwhelming majority of voters support recreational and medical cannabis.
Significant legislative changes are not expected by governors elect of states that have already enacted full adult legalization. Gavin Newsom (California), Jared Polis (Colorado), Steve Sisolak (Nevada), and Kate Brown (Oregon) will most likely continue advocating as Marijuana Policy Reform Allies. Gretchen Whitmer (Michigan), a consistent supporter, will assume office in the state to most recently pass adult legalization.
Check out our other 2018 election post Green Wave: Cannabis is Midterm Elections Winner.
While Democrats won back the House of Representatives and Republicans retained control of the Senate, there was a third winner that emerged from the midterm elections: cannabis. Four states voted on legalization and medical marijuana, and cannabis appeared on ballots in 22 cities and counties. Here are the results:
Voters approved Proposal 1 by 56 – 44 percent to legalize, regulate, and tax cannabis for adult use. Michigan is now the 10th state to legalize cannabis for adults 21 and over, and it is the ninth state to establish a system for regulating commercial cultivation and sales for adult use. The new law, expected to be enacted this month, permits adults to possess, grow, and use small amounts of cannabis. Over the course of the next year, licensed businesses will be allowed to cultivate, process, and sell cannabis to consumers.
Amendment 2 passed by a margin of 66 – 34 percent, making Missouri the 31st state to legalize medical cannabis. The new law allows physicians to approve patients to receive ID cards from the state, permitting them and their registered caregivers to grow up to six marijuana plants and purchase at least four ounces of cannabis from dispensaries on a monthly basis. Qualified patients and caregivers will have to until late 2019 or early 2020 before they can enter a dispensary and buy medical cannabis.
Two other measures failed: Amendment 3, which would have authorized doctors to recommend medical marijuana for a specific list of conditions, and would not have allowed home cultivation. Proposition C did not pass and would have taxed medical cannabis sales at two percent and allow recommendations for a specific list of conditions.
Proposition 2 passed by a margin of 53 – 47 percent and will go into effect on December 1, making Utah the 32nd state (after Missouri) to legalize cannabis for medicinal use. In its current form, the ballot measure allows qualified patients to purchase two ounces of medical cannabis or products containing 10 grams of cannabidiol or tetrahydrocannabinol from a dispensary during any two-week period. Patients who don’t live within 100 miles of a dispensary would be able to cultivate six cannabis plants at home and could designate caregivers to assist with the growing, obtaining and administration cannabis. Additionally, the state can issue licenses for cultivation, processing, testing, and dispensing businesses
There is a caveat: The Utah State Legislature plans to approve a compromise bill by sponsors of Proposition 2, opponents of the citizen ballot initiative, and political leaders.
Cannabis lost in North Dakota. Though a medical cannabis state, full legalization failed by a margin of 41 – 59 percent. One could point to the very loose restrictions included in the measure. For example, no set limit was proposed on the amount of cannabis that people could possess or cultivate. The state would permit production and sales but would have to create its own rules and regulations for the industry a legislative session down the road. The measure also called for automatically expunging convictions for marijuana offenses.
Cannabis saw gains on the local level. In Ohio, voters passed local decriminalization initiatives in five of six cities. Voters in 16 counties and two cities in Wisconsin were asked non-binding, cannabis advisory questions. The results: At least 14 counties have approved cannabis advisory referendums in support of various legalization and decriminalization policies.
Check out our other 2018 election post New Governors See a Bright Future for Cannabis.