[photo essay] Harvesting Legal Landscapes: on location in Washington State

Landscape Photography
by Steve Hyde
Okanogan Valley, October 2014

It’s harvest season in Washington State and the cannabis farmers are pioneering a new way of life under state-legal conditions. These photographs offer a glimpse into the emerging sun-grown cannabis industry in North Central Washington.

Agricultural Craft
Agricultural Craft

The region is known for its apples, which are one of Washington States premiere export crops. The state-legal sungrown cannabis however is grown for consumption within Washington State only.

Okanogan Valley, October 2014
Okanogan Valley, October 2014

Apples can and do thrive in this region.

Okanogan Valley, October 2014
Okanogan Valley, October 2014

The first state-legal sungrown crops are thriving too.

a sungrown botanical wonder.  This plant emerged with red, gold and green leaves.
a sungrown botanical wonder. This plant emerged with red, gold and green leaves.

With great care and many long days at work, the cannabis plants are cultivated to produce robust flowers.

Okanogan Valley, Washington October 10th, 2014
Okanogan Valley, Washington October 10th, 2014

state-legal producers are required to monitor this heavily regulated botanical product with a digital tracking system.

Biotrack plant monitoring system required by Washington State Liquor Control Board
Biotrack plant monitoring system required by Washington State Liquor Control Board

The fresh flowers are processed and prepared for packaging.

fresh plant material ready to be  trimmed.
fresh plant material ready to be trimmed.

Customized machinery aids the trimming process.

A trimming machine streamlines the cultivation work flow.
A trimming machine
streamlines the cultivation work flow.

The flowers before they are dried.

Fresh flower buds emerge from  the trimmer.
Fresh flower buds emerge from the trimmer.

The final product, packaged and ready for the state-legal market.
IMG_1835

Progressive County Reversing Its Course on Marijuana Zoning

MarginShawn2

by Shawn DeNae

Progressive County Reversing Its Course on Marijuana Zoning

SHORT HISTORY:

Snohomish County Council took a progressive stance in 2013 to get ahead of the curve on marijuana zoning; acknowledging that recreational and medical marijuana needed guidance for those in the county moving forward with legalization efforts to bring the black market into compliance and bring living wage jobs and economic prosperity to the county.

The pro-cannabis business people who packed council chambers on November 13, 2013 literally stood and applauded Snohomish County Councilman on November 13, 2013 when Ordinance 13-086 passed with unanimous vote.  This ordinance logically recognizes marijuana production and processing as agricultural like in nature and thus compatible with zones where agricultural business have been established and encouraged for decades; Rural Industrial (RI), CRC, Rural 5-10 acres (R-5) and Agricultural 10+ acres (A-10) among others.

The crowd consisted of many longtime farmers wishing to convert their common crops and finally retire to folks planning on cashing in their retirement and invest in Snohomish County.  According to realtors, phones began ringing off the hook from potential applicants looking for properly zoned land.  R5 properties were a hot ticket as they are prevalent and have a huge range of values that fit many budgets.  For many, Sno Co was the place to go!

People who applied for I-502 licenses were then vetted by their county or municipality based upon their address qualifying as ‘permitted use’ (or not) for their particular zones.  According to Michael Dovish at the SPD, 131 applicants were given a thumbs up on their locations in early 2014 to move forward in Sno Co; of those 86 are on R5 zoned properties.  Snohomish Planning and Development (SPD) has received only 23 completed applications for permits as of October 1st, 2014, which are deemed ‘vested’ under the 2013 zoning.

Since that time, hopeful marijuana entrepreneurs have begun the arduous process of trying to bring their legal marijuana business to fruition.  One difficult hurdles has been getting through the permit process.  The SPD consulted with Colorado counterparts and decided to implement costly F1 Commercial Building codes and SEPA review to these proposed agricultural buildings.  Even the 8’ high fences required around outdoor grows require a special permit and Fort Knox like costly construction.

This had some unintended consequences: Some farmers simply gave up instead of complying with SEPA or putting ADA baths and sprinkler systems into their old barns; some hired the architects, engineers, critical area and other specialists in preparation to submit the required commercial building permit applications; some just skipped the entire permit process all together, converted their buildings, moved through the LCB (WA State Liquor Control Board) requirements and got (or are slated to get) their highly valued legal marijuana license since the LCB does not require compliance confirmation of local permitting requirements.

In the meantime, medical marijuana shops (MMJs) have continued to open in clustered areas that are zoned for such activities by the county.  This brought outrage from the community of Clearview recently.  In a town of just over 3,000 residents, over 200 people showed up in protest to continuing to allow marijuana business to operate in and around their borders.  Confusion ensued between what was licensed business or not since MMJs have few license requirements.  Properly zoned MMJ access points have taken the pain staking time and money to try to comply with County regulations, including relocating when their previous locations were made out of compliance by 13-086 last year. Many have done tenant improvements, invested in earthquake retrofit upgrades, commercial sprinkler systems, ADA compliance and secured occupancy permits. Out of the 23 access points currently operating in Snohomish County, approximately half are within code.  Recreational 502 businesses have extremely strict license requirements through the LCB.  This confusion caused some in power to want a ban on them all.

Proposed Land Use Action signs that began showing up this summer on rural roads all over Sno Co only further enflamed the NIMBYs (not in my back yarders) who began to show up at council meetings with a litany of fear based, unfounded testimonies why they should not be subjected to marijuana growing neighbors.  Accusations of reduced land values (despite a 7 percent increase in property sales prices), water pollution fears (despite drainage plans that prevent run-off ), concerns of odors (despite the expensive installation of commercial HVAC systems and carbon filtration systems), light pollution (despite the fact that most rural growers are using motion controlled and power saving low volt lighting systems), increase in traffic from non-frequent deliveries and other nonsense were recorded into county records as facts.

The most powerful pushback seems to be coming from an extremely wealthy land developer, J. Brent McKinley, who lives in a massively lavish family compound encompassing four R-5 properties.  This influential developer, horse breeder, world renown antique car and gun collector threatened a lawsuit in an Aug 1, 2014 letter to SPD and Councilman Ken Klein that vows to appeal all the way to the Supreme Court if Snohomish County approves permits for marijuana business located on R-5 zoned properties.

Without any attempt to confirm the facts nor economic consideration of the impact of proposed changes, Snohomish County Council rushed through an emergency ordinance (14-318) on September 17th that adversely alters marijuana businesses operating on R-5 property. It also changed set back rules for MJ business surrounding airports and placed a one mile distance requirement between MJ businesses.

On September 29th the Council passed a second emergency ordinance halting the acceptance of all new medical marijuana dispensary/collective garden permits.  (14-087 – see video: http://snohomish.granicus.com/MediaPlayer.php?view_id=2&clip_id=4116 )
On Wednesday, October 1st, the Council heard from over 20 R5 residences falling on both sides of the issue.  They passed emergency ordinance 14-086 halting I-502 applications with unanimous vote to give them ‘a 6 month breathing space’ on this issue.
(see video and document: http://snohomish.granicus.com/MediaPlayer.php?view_id=2&clip_id=4131 )

ACTION:

  1. There is a public hearing on these emergency ordinances scheduled for October 29th, 2014, time to be announced – commonly held at 10am
    Snohomish County Courthouse, 8th floor, Robert J. Drewel Building (Administration Building East)
    3000 Rockefeller, Everett, WA
    Contact the Council office at 425-388-3494 to confirm time; be early as they are known to lock the door once council calls to order.
  2. The implementation of a Cannabis Task Force in Snohomish County (and all municipalities and counties) to address concerns on both sides of the issue seems a logical next step.  Dedicated, knowledgeable and reasonable folks in addition to representatives from planning and governing departments are needed.  Their fact based recommendations to County and City Councils are vital to sensible regulation moving forward.  Local governments need to dedicate resources to these bodies to make them effective.
    You are invited to contact your council representatives to ask for a Cannabis Task Force and the resources to maintain them.   Snohomish County Council contact information: http://snohomishcountywa.gov/Directory.aspx?DID=101
  3. All pro marijuana business people are encouraged to attend Council, Planning Commission and Agricultural Committee Meetings to witness the discussions and voice opinions.
    Sno Co meetings, agendas and live web cast can be found at: http://snohomish.granicus.com/ViewPublisher.php?view_id=2
  4. Join the Google Group 502Cannabis to share information and stay informed. It’s free and extremely valuable: https://groups.google.com/forum/#!forum/502cannabis

Thank you,

Peace and Prosperity,
Shawn DeNae
Advocate for Regulated Marijuana
CEO: Washington Bud Company
206-919-6755

Moratoria redux: Rural residential blues and what to do

 

by Dominic Corva, Executive Director

The first wave of moratoria grabbed a lot of media headlines, and indeed got CASP its earliest national media attention.  My position then was that they were a nonstory, given that no production was imminent.  This time, there is cause for alarm and no media coverage to be had.

There is a new wave of moratorium fever sweeping the state.  Snohomish County passed an emergency moratorium yesterday despite a good turnout from folks trying to prevent it from happening, and just last week I heard from a Port Townshend producer that Olympic Peninsula counties are gearing up for similar struggles.

I don’t have much information yet, but my initial grasp is that they have to do with locating I 502 production in rural residential areas.  This is a very specific moratorium type with very specific, non-governmental catalysts: neighbors of “mom and pop” producers — Tier 1 and Tier 2s.  Tier 3s will not have this problem nearly to this degree, because they aren’t located in residential areas; and it would appear that Eastern Washington is less affected.

This is a story, and it needs to be in the headlines far more than the previous moratorium coverage cycle.  I do not have the interns I had when we did the first study, so I’m going to need a lot of help to coordinate the gathering of information about this problem; how people are organizing against it; and what tactics are working or not working.  Please send information. including invitations to come talk in person. to: dominic@caspcenter.org

 

Thank you!

Q: What is the canopy limit for WSLCB licensing protocol?

A:  There is currently no firm canopy ceiling for the WSLCB, but Randy Simmons has stated publicly that they have a fungible approximation in mind as of late August 2014 of 8-10 million sq feet.  He has said this elsewhere, but he said it in front of an audience for a “Business Intelligence” panel I was on Wednesday August 27 for the Marijuana Business Association Tech seminar.

The 2 million square feet number that came from BOTEC’s summer 2013 recommendations to the state was officially thrown out last February, when the WSLCB reduced the number of production licenses an applicant could hold from 1 from 3; and reduced max canopy per Tier by 30%.

This was a response to the fact that applications greatly exceeded the original cap by tens of millions of square feet. They stated the basis for their decision in this press release:

“Agency rules (WAC 3214-55-075 (8)) state “if the total amount of square feet marijuana production exceeds two million square feet, the Board reserves the right to reduce all licensee’s production by the same percentage or reduce licensee production by one or more tiers by the same percentage.””

Given the slowness of the approval rate and difficulties unrelated to approval since February, the WSLCB is considering restoring the 30% canopy that was taken away last February, according to my sources.  This is going to upset a LOT of the 2375 pending applicants, since as of 9/30, 235 applicants have been approved; 22  denied; 9 applicants issued licenses but are listed as “pending;” and 1 applicant is listed as active but pending approval.

How many of them will be upset depends on how many of them are viable.  Right now we still don’t have a clear picture, but remember our April 23, 2014 interview with I-5 Real Estate owner Tom Gordon in which he estimated that 5-15% of the applications were viable.  We are at a little under 10% approval right now, and the WSLCB now has the opposite concern that they had in February:  they need more active canopy.  That says to me that while plenty of those 2000+ pending applications still haven’t had their first phone call from the WSLCB, an awful lot of those pending applications either had their phone call and haven’t gotten anywhere or really aren’t in a hurry to get that phone call.

In the meantime, license acquisition is now an absolutely normal thing, and folks whose license are not viable may sell their businesses to people who can make them viable.  This is probably not what the WSLCB wanted, and they may want to simply re-open the application process rather than let investor money take over.

 

Updated analysis and chart of the Legal Retail Landscape 9/30/2014

CLICK MAP BELOW TO ACCESS INTERACTIVE MAP
10022014_MAP

cannarex-logo

*Cannarex is our featured new retailer for this update.  To become a featured retailer, please contact the Center with good information and with a kind spirit. Thank you Cannarex for modelling both!

 

by Dominic Corva, Executive Director

Today we update what we know about the retail landscape so far.  My research over the last several days shows information for 44 retail stores are now open, out of 61 retail licenses issued.  Blaine Stum, marijuana policy advisor for the City of Spokane, recently reached out to let me know he counted 51 open stores, so we are missing 7 open stores in the list below.  If yours is one of them, please contact us so we can list you.

It is a little surprising that many stores do not have their own web sites, although some of these have Facebook pages.  Most are listed by Leafly, Allbud, and Greenlight Washington.  If you are a retail store that does not have a web site AND a Facebook page AND listings on all three of those locators, you should consider moving on that.  Advertising restrictions vary by jurisdiction but most have rigorous limits, so not taking advantage of these basic options is hurting your business.

Given limits on advertising, it is also surprising that so many retail location names are not clearly indicative of the product being sold.  This is especially problematic in rural Washington, along major transit routes such as I-90.  The Ellensberg Apothecary, for example, sits on a major tourism transit route for folks wishing to recreate outdoors.  But since they cannot for legal reasons make clear in their store signage that they sell recreational cannabis, and since an apothecary might be any herbal medicine store, they could probably use “Legal Cannabis” somewhere in their name.

I also want to give a shout out to Cannarex, which just opened in Mt. Vernon and has a very nice web site.  They called me last week to make sure I knew they were opening, and given my lack of human resource support they made my job much easier.  Thank you Cannarex!  I am happy to help publicize retailers free of charge for providing information so I don’t have to go digging for it.

If any of this information is incorrect, please email dominic@caspcenter.org and I will update the list.

I did my best to update from the hours of operation that were made available to us a month ago, but it’s clear that things change rapidly and many folks are only “sometimes” open due to supply issues, in addition to many folks changing their hours of operation.  Most of the following 44 entries are updated, but not all.  Please call before assuming the information is current.

 

Tradename Street Address City County ZipCode DateCreated DayPhone Web Site Hours of Operation
ALTITUDE 260 MERLOT DR PROSSER BENTON 993500000 20140706 5097864200 None M-Su 12-8
NEW VANSTERDAM 6515 E MILL PLAIN BLVD VANCOUVER CLARK 986617455 20140706 3605974739 http://newvansterdam.com/ M-Th 11-9, F-Sa 11-10; Su 11-7
FREEDOM MARKET 820A WESTSIDE HWY KELSO COWLITZ 986264355 20140706 3603550682 http://freedommarket420.com/ M-Su 9am-12am
WESTSIDE420 RECREATIONAL 4503 OCEAN BEACH HWY STE 103 LONGVIEW COWLITZ 986325055 20140706 3604235261 http://www.westside420.com/ M-Su 10-6
LONGVIEW FREEDOM MARKET 971 14TH AVE STE 110 LONGVIEW COWLITZ 986324049 20140904 3606360420 None M-Su 9am-12midnight
420 HOLIDAY 2028 10TH AVE LONGVIEW COWLITZ 986324007 20140728 3607033103 None Tu-Su 9-9
THE HAPPY CROP SHOPPE 50 ROCK ISLAND RD EAST WENATCHEE DOUGLAS 988025352 20140706 5098881597 http://thehappycropshoppellc.com/ M-Th 12-7; F-Sa 12-8
CANNARAIL STATION 1448 BASIN ST NW SUITE A EPHRATA GRANT 988239695 20140818 5097541047 http://www.cannarailstation.com/ M-Sat 12-8
THE 3-M’S OF GRAYS HARBOR 5675 STATE ROUTE 12 STE 1 ELMA GRAYS HARBOR 985410000 20140923 3604709265 None Sometimes
BUD HUT 1123 E STATE ROUTE 532 CAMANO ISLAND ISLAND 982828833 20140706 4254789928 http://www.thebudhut.net/ Sometimes
HERBAL ACCESS RETAIL 661 NESS’ CORNER RD PORT HADLOCK JEFFERSON 983390000 20140801 3602977996 None M-Sa 10-7, Su 12-6
SEA CHANGE CANNABIS 282332 HIGHWAY 101 STE 2 PORT TOWNSEND JEFFERSON 983688700 20140718 2064228328 http://www.seachangecanna.biz/ F-Su 10-8
OCEAN GREENS 9724 AURORA AVE N SEATTLE KING 981033223 20140926 2062299893 http://www.oceangreens420.com/ M-Su 10-10
UNCLE IKE’S 2310 EAST UNION ST SEATTLE KING 98122 20140923 2062029565 http://www.uncleikespotshop.com/ M-Su 12-7
CANNABIS CITY 2733 4TH AVE S 1ST FLOOR UNIT SEATTLE KING 981341912 20140706 2066821332 http://cannabiscity.us/ M-Su 12-8
CROCKPOT 1703 SE SEDGWICK RD STE 113 PORT ORCHARD KITSAP 983669599 20140722 2533127280 https://www.facebook.com/crockpot420 M-Th 10-10, F-Sa 10-12pm, Su 10-6
ELLENSBURG APOTHECARY 1516 WEST UNIVERSITY WAY ELLENSBURG KITTITAS 989260000 20140728 5098335556 http://www.ellensburgapothecary.com/ M-Su 9-8
MARGIE’S POT SHOP 405 E STUEBEN BINGEN KLICKITAT 986050000 20140706 5094930441 http://www.margiespot.com/ M-Su 10-7
STONEHENGE CANNABIS 8142 HIGHWAY 14 LYLE KLICKITAT 986350000 20140903 5097670039 None M 10-6; F-Su 10-6
4US RETAIL “Caribou Corner” 23251 HWY 20 OKANOGAN OKANOGAN 988400000 20140706 3602240978 None M-Sa 10-7
AUSTIN LOTT 29 HORIZON FLATS RD STE 8 WINTHROP OKANOGAN 988628400 20140706 5094295556 None M-Sa 10-8
MR. BILLS OF BUCKLEY 29297 HWY 410 E STE D BUCKLEY PIERCE 983218482 20140912 2533835855 http://www.mrbillsofbuckley.com/ Tues-Sat, 10-7
RAINIER ON PINE 3111 S PINE ST TACOMA PIERCE 984094711 20140706 2066508908 http://www.rainierwellnesscenter.com/ M-F 10-7; Sat 11-8; Su 11-7
CLEAR CHOICE CANNABIS 8001 S HOSMER ST TACOMA PIERCE 984081017 20140729 2534445444 https://www.facebook.com/pages/Clear-Choice-Cannabis/558033004306715 M-Sa 10-6
CREATIVE RETAIL MANAGEMENT AKA Highway 7 7046 PACIFIC AVE TACOMA PIERCE 984087219 20140706 2536917293 http://www.hiwy7.com/home.html M-Sat 10-10; Su 10-8
MARY MART 3005 6TH AVE STE B TACOMA PIERCE 984066202 20140904 2533776126 None M-Th 10-8; F-Sa 10-9; Su 10-5
221 18729 FIR ISLAND RD STE C MOUNT VERNON SKAGIT 982738159 20140804 3604454221 None M-Sa 10-8; Su 10-6
CANNAREX 2714 HENSON RD MOUNT VERNON SKAGIT 982739036 20140905 4254058179 http://cannarex.net/ M-Sa 8am-9pm; Su 9-8
LOVING FARMS 2615 OLD HIGHWAY 99 S MOUNT VERNON SKAGIT 982730000 20140814 3605405168 http://www.lovingfarmsmarijuanastore.com/ Sun-Thu 10-6; Fri-Sat 10-8
CASCADE KROPZ 19129 SMOKEY POINT BLVD STE B ARLINGTON SNOHOMISH 982234258 20140706 3606595422 http://www.cascadekropz.net/ M-F 12-8; Sat 12-8; Su 12-4
HERBAL NATION 19302 BOTHELL EVERETT HWY BOTHELL SNOHOMISH 980127113 20140718 4254852535 http://www.herbalnationbothell.com/ M-Th 10-10; F-Sa 10am-12midnight; Su 10-6
GREENLIGHT 10309 E TRENT AVE MILLWOOD SPOKANE 992064514 20140918 5093093193 None M-Su 10-8
SATORI 9301 N DIVISION ST STE B-C SPOKANE SPOKANE 992181254 20140706 5099947051 None M-Sa 10-8:30, Su 10-7
GREEN STAR CANNABIS 1403 N DIVISION ST STE A SPOKANE SPOKANE 992021810 20140706 5099193398 http://www.greenstarcan.com/ M-Sat 9am-9pm; Sun 10-6
SPOKANE GREEN LEAF 9107 N COUNTRY HOMES BLVD STEB SPOKANE SPOKANE 992182071 20140706 5099193467 http://spokanegreenleaf.com/ M-Th 12-7, F-Sa 12-8
SAVAGE THC 4428 WILLIAMS VALLEY RD STE A CLAYTON STEVENS 991109745 20140806 5099992989 None Sometimes
420 CARPENTER 422 CARPENTER RD STE 105 LACEY THURSTON 985037906 20140706 3604026368 http://www.420carpenter.com/ Tu-Th 11-6; F-Sa 11-7
GREEN LADY 3044 PACIFIC AVE SE STE B OLYMPIA THURSTON 985012043 20140804 5098697574 http://www.greenladymj.com/tag/recreational/ Sometimes
2020 SOLUTIONS 2018 IRON ST STE A BELLINGHAM WHATCOM 982264212 20140706 3603938697 http://i502solutions.com/ M-F 9-9, Sa 9-7, Su 11-6
CASCADE HERB COMPANY 1240 E MAPLE ST STE 103 BELLINGHAM WHATCOM 982250000 20140725 3607782357 https://www.facebook.com/pages/Cascade-Herb-Company/262472240610023 M-Su 10-8
TOP SHELF CANNABIS 3863 HANNEGAN RD BELLINGHAM WHATCOM 982269103 20140706 3602243735 http://www.topshelfcannabisbellingham.com/ M-Th 10-8, F-Sa 10-10; Su 10-6
GREEN STOP 7466 MT BAKER HWY MAPLE FALLS WHATCOM 982660000 20140729 3603937702 None M-Su 10-8
MILL CREEK NATURAL FOODS 4315 MAIN ST STE A UNION GAP YAKIMA 989032115 20140711 5098400186 http://www.vandys.club/ M-F 10-5:30; Sat 10-4
VERDE VALLEY RETAIL SALES 4007 MAIN ST UNION GAP YAKIMA 989032040 20140706 5094203430 http://marillow.com/collections/Verde-Valley-Retail-Sales M-Su 11-6

Crucial moment for cannabis and social policy in Washington State

Act here.  Read on for clarification.

Dear Washingtonians,

US Attorneys are critical interfaces between state and federal policy, especially when these do not line up.  They determine, more than any other branch of government, how to manage contradictory federal/state legal fields through policy.  Durkan’s record was incredibly favorable towards state experimentation.  Her successor may not share her wisdom.

We can do something about it.

Since US Attorneys are nominated by state senators, usually in response to someone’s interest in putting their person in this critical position, we cannot influence this by voting.  Instead, we need to influence this by organizing, and the best way to do that is to write letters to the senators that nominate them. This effort by ASA, the political wing of our fiscal sponsor ASAF, makes it much easier for everyone to write a letter and send to Senators Murray and Cantwell.

So, take 5 minutes.  Fill in the blanks, print, put in an envelope, and send to the provided address.  Share it with your friends, play telephone with it.  This may be the most important thing you can do right now if you are interested in optimizing cannabis and social policy.

The link is here, and at the top of this post.

From the link:

“U.S. Attorney for Western Washington Jenny Durkan resigned recently and our U.S. Senators are now considering who to recommend as her replacement. It is very important that Senators Murray and Cantwell recommend a replacement who has at least as much respect for the state medical cannabis program as former U.S. Attorney Durkan. Please take a moment to fill out the following letter to both Senators Murray and Cantwell to make sure they recommend a U.S. Attorney who will help preserve the rights of medical cannabis patients in Washington State. – See more at: http://org.salsalabs.com/o/182/p/dia/action3/common/public/?action_KEY=16513#sthash.qrNHPMcX.dpuf

Washington’s Legal Production Landscape Update 9.30.2014

09302014_MAP

Map by Steve Hyde

by Dominic Corva, Executive Director

*This late September update uses the 9/30 Washington State Liquor Control Board list of “Marijuana License Applicants,” available here.

The purpose of this post is to extrapolate from the most current data in order to map the legal cannabis production landscape and identify the scope and rate of active production for the I-502 market.  The map above shows you how the landscape is filling in by Tier, and differentiates “Active” from “Approved” producers by allowing for a 10 week lag between approval and approximate expected production.  The 10 weeks are a “rule of thumb” estimation rather than derived from any particular assessment for each producer.  All producers approved by July 21, 2014, are therefore considered active for this update.  We’ll start with a table that shows our estimation of Active max square feet of canopy by Tier, next to pending production, approved less than 10 weeks ago, next to the total Approved.  Given that the outdoor and greenhouse harvest season is upon us, we cannot with confidence project all currently approved producers as active in the next ten weeks, because many of them simply won’t be able to begin significant harvest cycles.

 

Producer Tier Active 9/30 Approved not Active yet Total Approved
Tier 1 36400 30800 67200
Tier 2 385000 315000 700000
Tier 3 777000 1029000 1806000
All Tiers 1198400 1374800 2573200

 

The WSLCB has approved about 2.5 million sq feet of canopy, but only about 1.2 million sq ft of canopy should be considered “active” in the sense that they are producing harvests at regular intervals.

We have been inquiring into canopy usage over the last month, in order to refine our projections further.  We found that outdoor producers were using about 95% of their max canopy, while indoor producers were using about 30% of their canopy for flowering.  This reflects the fact that a lot of canopy must be dedicated to the propagation and vegetative cycles, but also that many producers are “bootstrapping” their resources on their way to maximized efficiency. We therefore have enough information for this update to refine our data so that it reflects not only “Active” canopy, but “Effective” canopy.”  In order to do this, however, we needed to estimate the canopy breakdown by grow type — indoor, outdoor, and both; and estimate those by Tier.

The WSLCB provided us with a sample breakdown these three categories of grow types by Tier for 150 approved producers — not everyone on the list, but most.  This is a robust enough sample to predict with confidence the ratio of indoor, outdoor, and “both” for the active producer data set, by multiplying the ratio of each grow type by total Tier canopy.

WSLCB sample Indoor Outdoor Both Total
Tier 1 25 3 2 30
Tier 2 45 12 19 76
Tier 3 13 20 21 54

 

This sample gave us a percentage of Indoor, Outdoor, and Both for each Tier:

WSLCB coefficients Indoor Outdoor Both
Tier 1 0.83 0.10 0.07
Tier 2 0.59 0.16 0.25
Tier 3 0.24 0.37 0.39

 

Then we multiply these coefficients to multiply by our 9/30 breakdown of active producers by tier to get nominal sq feet of canopy by grow type:

Approved Nominal Canopy Indoor Outdoor Both
Tier 1 30333 3640 2427
Tier 2 227961 60789 96250
Tier 3 187056 287778 302167

 

Then we multiply each box by our assumptions about Effective canopy according to the average of what our interviewees told us about the percentage of their canopy they were actually using: 95% for outdoor, 30% for indoor; and we split the difference for “both” to give us 65%.  This is a very crude methodology, in no small part because “Both” is vaguely defined while actual combination practices may vary substantially.

Effective Canopy Indoor Outdoor Both
Tier 1 9100 3458 1517
Tier 2 142475 57750 60156
Tier 3 116910 179861 188854
Total 9/30 268485 241069 250527

 

Effective Canopy Sq Ft Market Share by Tier 9.30.2014

This methodology not only allows us to estimate effective canopy per Tier by Grow.  It also gives us a new aggregate canopy estimation, different from both Approved and Active, of 760,081 sq ft.  

Producer Tier Active Effective
Tier 1 36,400 14,075
Tier 2 385,000 260,382
Tier 3 777,000 485,625
Total 1,198,400 760,081

 

Effective Canopy is less than Active canopy, and this chart provides a way to compare.

Active Sq Ft Canopy 9.30.2014

We can also project what that canopy means in terms of lbs, using the WSLCB estimate of one lb of flower and one lb of trim per 25 sq ft.  These numbers are nominal pending information from the WSLCB on percentage of crop failed microbial and other testing.  My understanding is that this is a significant number,and we will update that when we hear back from the WSLCB.

Current Cycle Yield Effective Canopy sq ft Lbs flower (nominal) Lbs Trim (nominal)
Indoor 14,075 563 563
Both 260,382 10,415 10,415
Outdoor 485,625 19,425 19,425
Total 760,081 30,403 30,403

 

Growtype market share 9.30.2014

 

Concluding thoughts

1.  The WSLCB is entertaining options for increasing canopy allotted to already approved processors.  Speeding up the approval rate seems not to be an option, for pragmatic reasons.  First, producer approval is no guarantee of producer viability:  applicants have to deal with many other factors.  One that has become clear recently is a trend in counties that are otherwise 502-friendly to zone out rural residential production.  We have been hearing a lot about this from producers on the Olympic Peninsula, and it means that many folks who are approved suddenly don’t have county permission to proceed.  We are also hearing about new moratoriums under consideration in for example Snohomish County, where NIMBYism seems to be activating resistance to individual 502 production.  In all cases, approved 502 producers are rallying together to deal with common problems that simply can’t be dealt with at the state level and for which the WSLCB has no influence.

2. If canopy allotments change back to the original 2000/10000/30000 sq ft max, there is no need to panic if you have not been approved yet.  There’s plenty more canopy that the state needs in order to overgrow informal cannabis markets.  Many producers are not aware that the WSLCB consigned the original 2 million sq ft to the dustbin as a necessary originating fiction.  A month ago, Randy Simmons opined that they have a vague ceiling range in their head now of around 8-10 million square feet, and other WSLCB officials have been quoted at 12 million sq ft.  These numbers are fungible, and there are a TON of retail stores yet to open.  Operating with about the same degree of confidence as Simmons seemed to be indicating from his seat next to me at an MJBA “Business Intelligence” panel, I wouldn’t be surprised to see approved canopy hit 20 million before it becomes a concern.  Again: the strategy for getting legal prices down is to approve as much canopy as they can and overgrow informal cannabis markets.

3. Until this point I have focused on the trajectory of canopy approval as though it will increase incrementally, while the October harvest will bring prices down a bit.  It’s time to put those two observations together.  Outdoor growers will harvest in October, with product availability increasing in November.  But if outdoor growers find it necessary to recapitalize by selling off inventory, that supply ease will be very short lived and we may resume an upward price trajectory through spring 2015.

4. As we gather data from active producers these estimations will be refined.  Right now we don’t know how many cycles folks that were approved early have gone through; and how many cycles will dead-end in October.  As it has been since the 1990s, indoor harvests will take us through the winter, spring, and early summer until light dep and hybrid greenhouses really get going.  If you are a smaller producer, that will be a window to take advantage of until the Tier 3 outdoor price rudders turn.  Don’t panic; get fair wholesale prices; and organize so you don’t get swallowed whole by increasingly industrial cannabis agriculture — which is going to have more financial shark money as we go along, not less.