California legal cannabis market alive and well, despite coronavirus pandemic, illicit competition: experts

With it poised to rake in about $1 billion in annual tax revenue for California by the end of 2020, the cannabis culture and economy have come a long way in the handful of years since the state legalized adult, recreational use in 1996.

That’s one in a series of assessments made Thursday at the North Bay Business Journal’s second virtual North Coast Cannabis Industry Conference this year, surrounding the industry’s past, present and future issues. Those range from legal guidelines and a new California appellation law to COVID-19’s impact and growing government support.

California Gov. Gavin Newsom’s cannabis adviser Nicole Elliot told the audience the business of cannabis is alive and well — with its $306 million in state excise, cultivation and sales tax revenue in this quarter, up 80% from the $170 million in 2019.

She also indicated the state has earmarked to fund $30 million in cannabis research grants at seven University of Calfornia and two California State University campuses.

Another $45 million is designated for grant applications that bring in more companies participating in this growth industry.

“These are exciting new ways to reinvest back into the community,” she said.

Hitting $1 billion in tax revenue is significant, Elliot said, given the industry’s challenges including businesses adjusting their operations with pandemic safety protocols because they were considered essential by the state.

Beyond the financial windfalls, the industry also got help in 2020 from state lawmakers.

The Senate Bill 67 bill by Sen. Mike McGuire, D-Healdsburg, signed into law in September allows for the marketing of products by appellation, akin to the legal designations of wine origin used for centuries.

“This was a watershed moment,” Elliot said.

Another panelist, Humboldt County Growers Alliance Policy Director Ross Gordon, agreed.

“This has the potential of proving beneficial to small and legal cultivators,” he said, adding the law may help to counteract the trends in consolidation that tend to allow larger companies to swallow up the boutique operations.

What’s in store for 2021?

As the state’s top cannabis expert, Elliot noted the hope for 2021 should lie in the industry departing from crisis management mode, with companies across the state and distribution channel scrambling to satisfy rising consumer demand during the pandemic.

Elliot also mentioned further anticipation that U.S. President-elect Joe Biden’s administration will help drive the movement to remove the federal level classification of cannabis as an illegal drug. More states legalized the substance in the November election, and the House of Representatives passed its version of the MORE Act that would decriminalize it across the United States. The verdict is still out on the Senate’s next move.

That is where all eyes may be on Georgia as a top issue leading into 2021, chemist Christian Sweeney of Sonoma Lab Works pointed out. The conference panelist was referring to two run-off senate elections that could tip the balance of power to Democrats come Jan. 5.

“That outcome will likely affect things like banking,” Sweeney said. Banks currently shy away from cannabis businesses because of the federal stigma, but another bill floating around the U.S. Congress would make it easier for banks to do business with cannabis businesses operating legally.

As the industry deals with its newfound fame, Sweeney warned that some cannabis companies may find it difficult to hold up to the pressures of 2021’s ongoing coronavirus crisis and consequential shutdowns.

“I have heard that as the financial assistance wears out, (these pressures) will creep up in the supply chain,” he said.

Sweeney’s hope is a vaccine poses as the primary solution to the American public getting back to business as usual and the economy picking up instead of “managing the stresses” of major challenges like strict protocols and soaring unemployment.

“This industry is extremely resilient,” Confident Cannabis Senior Vice President in Sales Paul Cebulak told the webinar viewers. Cebulak insisted that, although the COVID-19 crisis impacted the supply chain, its value grew exponentially.

“People were dealing with stress,” he said of increased use.

Cebulak listed a few sales dynamics that occurred as well. Consumers became more budget conscious of what they were regularly buying given the state of the economy, but they would also flip to “top shelf” products to treat themselves on occasion.

There was also a tendency for parents to be more discreet about usage since “family time” took a front seat on the sofa of American home life. Edibles turned into a bigger thing during the height of shelter-in-place orders.

Consumers’ appetite hit the road

“COVID threw us a curveball,” said Kristi Palmer, a business developer with Kiva Confections based in Oakland. Her edibles company quickly learned to communicate with a Slack channel.

The companies that rose to the occasion conducted retail delivery.

“We saw an uptick in that business — definitely delivery was huge,” she said.

And the companies that made a name for themselves as a reliable industry source have proven again how to survive in turbulent times, she noted while reflecting on 2020.

“Brand is huge. When you put your name on a product, you’re signing off on the best possible product you could make,” she said.

Among lessons learned in an industry largely built on relationships, Kiva’s co-founder admitted to a rush to send out an edible product to meet a customer’s demand only to have it backfire because company representatives’ gut instinct it was defective proved to be true.

“This carries out through years in product development. It took us five years to get this account back,” she said.

Moving forward, Palmer shared her wish going into the next decade that taxes ease for legal operations to help level the playing field against illegal sites.

To that, Palmer got a resounding “yes” from a participant in the chat room.

From a legal standpoint, doing business in the cannabis world has turned into an expensive endeavor.

And to cannabis specialist attorney Cynthia Castillo of Farella Braun + Martel — a San Francisco law firm with a Napa office that sponsored the conference — legal mistakes may cut into the bottom line even more.

Castillo told the conference goers her firm has seen a number of cannabis companies get into legal trouble based on a few missteps.

For one, the Telephone Consumer Protection Act, or TCPA, prohibits sales calls to cellular phones without the recipients’ consent. Here, the penalties are steep and unforgiving to the tune of a minimum $500 for each call.

“This is a huge, huge liability to companies. We’ve seen dozens of cases on this,” the conference panelist said. “It’s important to understand this if you’re marketing products.”

Secondly, there’s a common misconception that since the industry is considered nationally illegal that federal laws don’t apply. This is wrong.

“If a business is operating under state law, it’s still subject to federal law. Having that understanding is the key to avoiding litigation,” she said.

Again, all attention may rest with Congress in 2021.

Susan Wood covers law, cannabis, production and transportation as well as banking and finance. For 25 years, Susan has worked for a variety of publications including the North County Times in San Diego County, Tahoe Daily Tribune and Lake Tahoe News. She graduated from Fullerton College. Reach her at 530-545-8662 or susan.wood@busjrnl.com.

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