My First Day of Legal Cannabis in Washington State

 

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by Dominic Corva, Executive Director

The first day of legal retail cannabis sales in Washington State started at 330 in the morning for me, though I was asleep.  A last minute interview request from CNN had me getting up early, but apparently first thing in their morning they tried calling me to come to the studio 20 minutes earlier.  By the time I woke, they had changed their mind, so after a desperate search for my own car keys I borrowed Dee’s and headed downtown uncaffeinated.

I struggled to make out where exactly the studio was in Fisher Plaza until Alison Holcomb arrived for her earlier, lengthier live interview (much deserved, of course). James Lathrop and his attorney arrived about the same time the coffee did. While I met James a few months ago, I had no idea he was even in the retail lottery, but once his big grin hit the news I called him up to get some inside scoop. Over the next few days I hooked him up with Sean Green’s active production company, which had a pound available. That increased Cannabis City’s initial supply 10%.

After the CNN “interview” (it was two softball questions and over before I knew it), CASP GIS consultant and videographer Steve Hyde picked me up to check out Cannabis City’s opening act. The space in front of the building was thick with media crews and equipment, VIPs and staff while the line stretched around the block. The entrance to Cannabis City was covered in bright yellow police tape advertising the impossible, today: DO NOT CROSS.

 

 

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Viv McPeak and Kanti Selig were there, beaming. Hempfest’s Sharon Whitson reminded the crowd that people were still going to prison for marijuana and that we need to not forget about them; Alison H was there, and gave a nice ribbon-cutting speech that reminded everyone that the best reason for doing this was de-incarceration; and Pete Holmes was there, boldly announcing his intention to exercise his freedom and imagining a drug war-free future. Patient advocates held up signs and educated folks about current medical cannabis trials.

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Finally James addressed the crowd with enthusiasm and grabbed some big-ass scissors. The Police Line: Do Not Cross tape met its fate, with some help from Alison Holcomb.

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Once the doors were open the real wait began, as one by one people entered to by legal cannabis. A grandmother named Deb walked out first, with each two-gram package in its own paper bag. Deb first consumed cannabis in 1977, and was an occasional enthusiast until her company adopted drug testing policies. Once she retired, one of the first things she did off her “bucket list” was enjoy a joint with friends.  She never went medical, though, and the last time she bought cannabis was six months ago.  Recently, her dealer saw her on the news and rang her to say “So that’s why you haven’t called me!”  She was a little concerned that her conservative daughter might not respond so well to her historic role, so I wished her the best as we ended our chat. The first legal cannabis customer couldn’t have been designed better to change perceptions about cannabis consumers.

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At that point it became a sort of block party — Magical Butter personnel in Seahawks-flourescent-green seemed to be singing, dancing, handing out water and doing line control, music leaking from a soundbox stashed somehere in one of their little MB wagons. Pete Holmes came out with 2 grams and announced to cameras that he was preserving one for posterity, and enjoying the other one in private, himself. Pete, please be more social with your cannabis consumption. I have people who would love to help with that.

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After mingling for a bit, Steve and I went to Lake City to check out the scene at the Amsterdam Exchange Farmer’s Market to catch a snapshot of gray market prices on the day of retail legalization. So here it is:

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I think those prices will be approached in November 2015, when the first full round of Tier 3 outdoor and greenhouse production comes in.

Washington State Active Legal Cannabis Landscape Analysis: Part I

Map by Steve Hyde
Map by Steve Hyde

by Dominic Corva, Executive Director

On July 1, 2014, the Liquor Control Board updated their master applicant for producers and processors.  This post is our first analysis of legal landscape production in Washington State.

62 Producers licenses are listed as “Active,” out of 2654 total.  Of that total, another 13 license applications have been withdrawn. This translates into about 2% of the applicant pool that is currently producing cannabis for retail shops that open early next week.

This seems like a pretty low number after more than six months, and some of that can be attributed to WSLCB’s chronic under staffing issues.  Several other things should be in the readers’ minds for context.  First, a significant number of producer applicants came from folks who were in weak position to capitalize on a license should they get it, whether from inexperience, incompetence, regulatory curveballs, under capitalization, and plain old bad luck.  This was evident from my interview with I-5 Realty owner Tom Gordon, who estimated that between 5-15% of total applicants would be active when the one year anniversary of the process occurs in November, due to their own issues.  It also jibes with WSLCB staffer Becky Smith told me  two months ago, that much of the hold-up was due to applicant issues rather than the agency’s human capital restraints.

Nonetheless, it is significant enough for the Center for the Study of Cannabis and Social Policy to begin mapping the landscape.  This begins with a basic step, the mapping of all 62 locations.  While we used publicly available WSLCB data on applicant addresses, we have chosen not to list those out of concern for processor safety.  The overall picture reveals that 548,800 square feet of canopy are “active” across the state.  Remember, this time last year the WSLCB expected to license 2 million square feet of canopy for I-502, total.  We are now a quarter of the way to that destination, and while that guideline has been bent and now broken, it’s something to keep in mind when people speculate about legal cannabis “shortages” and for how long.

The next thing to discern from the data are how big each processor is, by Tier, because this makes a huge difference between nominal market share and actual market share.  Tier 1 producers constitute 27% of approved licenses, Tier 2 48%, and Tier 3 24%.  By share of maximum nominal canopy licensed, however, the maximum square footage for Tier 1 producers is 5%; Tier 2 38%; and Tier 3 a whopping 57%.  These are nominal canopy numbers because effective canopy licensed depends strongly on whether folks are growing indoor or not indoor: indoor producers can max out at 5 canopy cycles per year while full sun outdoor producers can get 3 — and two of those are light dep cycles.

Nominal Share Tier Share Pie

Once we have the Tier breakdown, we can estimate (a) total approved effective canopy production and (b) market share per Tier Operation.  This gives us a sense of projected Tier market shares, since we have a 62 sample data set.  As a rule of thumb, all Tier 1 licenses can be assumed to be indoor production while all currently approved Tier 3 licenses can be assumed to be not indoor, because no Tier 3s have been licensed in King County, where large warehouse production is most likely.  At the same time, outdoor Tier 3 production does not have the capacity to rush growth on order to get to market like indoor canopy does.  Most Tier 3s are probably doing light deps for early harvests, but the lion’s share of their production will be harvested in October.  So, 57% percent of currently active canopy is highly unlikely to produce their maximum canopy till October, which skews the actual, existing production in favor of indoor, smaller producers and outdoor Tier 3s with hybrid greenhouses.

All signs point towards major windfalls for this cohort of active legal producers.  I’ve received reports of bids for wholesale pounds that range from $3000/lb to $7000/lb, which is about where black market prices were in the late 1980s till mid -2000s.  The $7000 bid is probably anomalous and would represent the highest price I’ve ever heard someone willing to pay for a pound of wholesale flower.  Most of the wholesale pound range will probably by between $4000-5000/lb, although folks with producer processor licenses will be able to capture more of that windfall than those with just producer licences given the extra tax step — but those producer/processors now have to contend with selling those pounds in packaged increments: one gram, two grams, and eighth (about 3.5 grams) and a quarter ounce.  That’s a lot of extra work and they are probably paying people to do it.

How does that work out per gram, if retailers sell pre-tax at between $15-$25/gram?   The $4000-$5000/lb wholesale works out to $9 and $11/gram that the producer gets — add $2.50 for the retail excise tax margin and current estimates then work out to a margin of between $2.50-$12.5/gram for retailers*.  The low end is not much, and perhaps there are more wholesale pounds going at under $4000/lb than I am aware.  It will be interesting to see whether the legal market follows the illegal and medical tendency for each step in the chain to add about 20%, but that’s about what it shapes up to be with these calculations.

This has been our first analysis of active legal cannabis production landscapes  in Washington State.  We will be updating these each time the WSLCB releases new data.

*This calculation has been revised and clarified.  Special thanks to CASP ally and accounting consultant, Todd Arkley CPA.

Hillary Clinton endorses CASP/We are Lab Techs of Democracy

 

by Dominic Corva, Executive Director

Yesterday at a CNN Town Hall meeting, likely 2016 Democratic nominee for Prez Hillary Clinton reiterated a ubiquitous political standpoint on “legal” aka “recreational” cannabis:  Washington and Colorado are political geography experiments:

“”On recreational, you know, states are the laboratories of democracy,” Clinton said. “We have at least two states that are experimenting with that right now. I want to wait and see what the evidence is.””

I’ll take that as an endorsement of CASP’s raison d’etre, learning lessons for legal landscapes.  We are lab techs of democracy.  Do I have any graphic designers out there that want to make that T shirt?

*The discourse of states as laboratories of democracy is a metaphor for Federalism and comes from Supreme Court Justice Louis Brandeis in New State Ice Co. v Liebmann (1932).

 

 

 

 

Cannabis: Still a “Signal of Misunderstanding”

by Dominic Corva, Executive Director

 

Since I’m producing original content for the Ganjier, I’ll cross-post the title and first paragraph of each piece followed by a link to the rest of it.

The passage of “CBD only” cannabis legislation in Florida this week signals a new challenge to the national discourse around what, exactly, is cannabis and to what extent it can be integrated into social policy — in this case public health policy.  While efforts to educate the public on the limits to this approach by the Drug Policy Alliance here and by Project CBD’s Martin Lee here exist, I want to historically situate what I’ll call the contemporary “CBD shift” in national cannabis policy debates …”

Read the rest here

CASP evolution: Welcome new Board members

by Dominic Corva, Executive Director

It’s been a busy and volatile year since I founded the Center for the Study of Cannabis and Social Policy.  Our first Board consisted of myself, Dr. Sunil Aggarwal and Dr. Michelle Sexton.  Although Sunil has had to leave the Board to concentrate on just of few of the many important things he’s doing, including an upcoming NIH fellowship, he was instrumental in jump-starting CASP’s credibility and weaving his incredibly valuable network into ours.  We anticipate the day he can rejoin the organization, but his contributions continue to help our organization going forward.

Our first year was an improvisational performance to a certain extent.  We were open to following the research and policy paths that opened up to us on a daily basis, while relying primarily on volunteer energy and inter-organizational collaboration.  There were so many short-term projects related to informing the public and policymakers about how legal landscapes were developing.  Of all of these, the  Health Before Happy Hour campaign consumed the most time and energy for me personally.  Turns out the biggest short term policy intersection for legal cannabis was … medical cannabis policy. This was not something I anticipated coming in.

While we continue to work on the intersection of medical and cannabis policy, we are at last making substantive headway into legal cannabis policy and economic geography; chemotype mapping; and genetic geographies.  The chemotype mapping project is complementary to Dr. Sexton’s new role as co-owner and manager of Phytalab which just opened in Seattle.

As you may realize, my role as Executive Director supports my ongoing research into the political economy of cannabis agriculture, and this in turn has helped create a grounded network of allies/ethnographic subjects in Washington State.  From this emergent community, we have asked four amazing people to join the board and in conjunction with Michelle, this five member Board will take charge of fundraising and professionalization for the organization.  I am proud to call them my bosses!  In no particular order, please welcome:

Don Wirtschafter:  Don is a countercultural institution in and of himself, having participated in hemp and cannabis politics since there was any such thing.  He played a key role in the formation of GW Pharmaceuticals as a medical research company, pre-corporate global ambitions.  He has served on the board of national NORML, owned and operated Ohio’s pioneering Hemp Store, and practiced law up until recently, when he moved to Washington state to develop an I-502 compliant cannabis business.

Aaron Varney:  Aaron is co-owner of Dockside Cooperative, the first access point to earn Patient-Focused Certification from Americans for Safe Access.  He is an expert cultivator and now is navigating Dockside’s transition to 502 retail.  I first met Aaron through Dr. Sexton and we are both thrilled that he accepted a position on our Board.

Rachel Kurtz:  Rachel is a Seattle Drug Policy Activist and lawyer for Wykowski and Associates.  I first met Rachel while working on the King County Bar Association Drug Policy Project in 2003-2004, and hired her as CASP lawyer not long after I formed the organization.  She has extensive experience serving on nonprofit Boards and is the speaker coordinator for Seattle Hempfest.

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Naz Victoria: Naz, a Pennsylvania transplant, is one of the first 50 producer/processors to get the go-ahead from the Washington State Liquor Control Board.  In addition to being an experienced businessman, he is well-versed in the history of cannabis markets and supports outdoor, sungrown cannabis for environmental and economic reasons.  His facility is located in Okanagon, Washington, where the first efforts to create a national Sun Growers association are emerging.

I could say so much more about these people, and undoubtedly will in the future.  They represent the conscientious wing of cannabis industry and activism, are committed to reality-based policy, and have a clearly defined commitment to cannabis and social policy.  They have become my friends and confidants, and I am honored indeed to bring them on board!

Berlin recap

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(Dr. Horst-Dietrich-Elvers, Dr. Dominic Corva; Dr. Jan-Henrik Friedrichs; Dr. D.J. Korff)

by Dr. Dominic Corva, Executive Director

I can hardly believe it was a few hours short of a week ago I left Seattle for Berlin to participate in a conference on the topic of Cannabis Legalization at Berlin’s Friedrichshain-Kreuzberg Museum.  The public event was very well attended and featured a terrific keynote address from Dr. Jan-Henrik Friedrichs, cultural historian, on conditions of urban development and refugee politics that catalyzed the need for a public discussion on a proposal being developed by the District mayor, Monika Herman, to establish a legal cannabis market in the  Goerlitzer Park.

As with cannabis politics in modernity, the social issue had very little to do with cannabis itself and mostly to do with the concentration of African refugees selling cannabis in the “Gurly” as the park is known locally.  This issue seems to have developed over the last three years:  drug dealing by young black men in the park has been common in the past, but some families and children’s social workers are reporting themselves “squeezed out” of the park due to aggressive marketing.

This is apparently the consequence of dealers being “pushed out” of other Berlin parks in recent years, rather than simply a matter of more consumption or dealing.  While accurate numbers are probably hard to come by, one panelist suggested that 90% of the dealing in the park is in cannabis flowers. Additionally, property values around the park seem to be rising rapidly with the intensification of gentrification.  Mayor Herman’s plan, in principle, seemed intended to regulate and formalize local cannabis markets in order to (a) prevent the rise of “hard drug” markets; (b) make things easier on the local refugee population as they are increasingly stigmatized as drug dealers and (c) address local concerns about especially children’s safety in the park.

The Mayor’s point person on this initiative is Dr. Elvers, pictured above on the left.  Dr. Elvers was the only person in the audience really prepared to discuss technical issues associated with implementation rather than political issues including whether or not refugee issues could be addressed through legalization.  Dr. Elvers has his job cut out for him, and both the Dutch professor Dr. Korff (above, far right) and myself had limited relevant comparative context for addressing his technical questions.  Dr. Korff’s perspective is from the Dutch coffeeshop system, which is a decrim policy for retail and on-site consumption; and mine of course is from Seattle/the U.S. where 20 years of medical cannabis politics have created more fertile grounds for addressing legalization.  I did, however, get a chance to talk to him one-on-one where I urged him to start with community meetings, to get reticent locals — the ones who are complaining about the Gurly Park situation — to feel like they have a voice and to have a place where they can voice their fears.  His reaction was fascinating:  apparently that’s what he wanted to push for first but the mayor’s office decided other things were more important.

At any rate, the conference was a terrific success — attended by the Berlin Mayor and a Federal politician who has long advocated cannabis lilberalization, Hans-Christian Ströbele.  Museum director Martin Duspohl was amused the next day to find out how the right wing newspaper covered the conference: by announcing that it cost $5000 Euros, highlighting my participation and that of noted leftist and national politician Hans-Christian Ströbele.  It is my honor to have such a person as second bill in a complaint about wasted taxpayer dollars!  The conference was covered with more nuance and discussion here and here.

 

*****The flyer for the conference, in German******

“Legalize It!?” Conference Flyer PDF: Legalize_It_final_20-5-14_web