Meet the Players: Who’s Who on the New Jersey Cannabis Regulatory Commission

new jersey cannabis

With New Jersey preparing to launch its legal cannabis market—one that’s expected to reach a valuation of $1.2 to $1.5 billion by 2023—anticipation is at a fever pitch. Hopeful license applicants are learning about New Jersey cannabis regulations and studying up on the specifics of the state’s social equity and impact zone initiatives. Applicants are busy finalizing their cannabis business plans, connecting with seasoned advisors, and educating themselves on the intricacies of the licensing process.

All of these are essential steps, and they entail a deep dive into the world of regulations, policy initiatives, and statutes. But in today’s post, we’re going to focus our lens on a very human factor: The members of the New Jersey Cannabis Regulatory Commission (CRC). Understanding their backgrounds and their goals for the state’s cannabis industry will help you make better decisions about the license application process, setting you up for lasting success in what’s sure to be a competitive business environment.

new jersey cannabis

Recent Happenings on the New Jersey Cannabis Regulatory Commission

When Governor Phil Murphy signed a package of landmark cannabis bills in February, 2021, he helped usher in a new era for the Garden State. In particular, one of these pieces of legislation—the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMM)—sets out the CRC’s principal mandates: To expand the state’s Medicinal Cannabis Program, and to lay the groundwork for the state’s recreational cannabis industry.

Throughout the first half 2021, the CRC met with representatives from the state government, members of the public, cannabis industry experts, and other stakeholders. The Commission’s initial rules, adopted in August of 2021, are effective for up to a year, at which point the CRC may adopt or amend those rules—in accordance with the state’s administrative procedures and regulations.

The rapid adoption of the initial rules was a positive sign. It indicates that the CRC is functioning smoothly despite the tight timeline, though much more remains to be done. As of this post, the CRC hasn’t announced a timeline for New Jersey recreational sales, although CRC Chair Dianna Houenou has gone on record suggesting such sales won’t begin until 2022.

In the interim, you have the opportunity to study the members of the New Jersey Cannabis Regulatory Commission for insights into their background and motivations. Here’s what we know about them, and how their stances might affect the state’s cannabis business licensing process.

new jersey cannabis

CRC Member Backgrounds

The stated goal of the CRC is to “establish and grow a responsible, regulated medicinal and recreational cannabis industry … promoting diversity and inclusion in the industry.” As we’ve reported previously, the focus on social equity is one of the principal distinguishing elements of New Jersey cannabis regulations. To learn a little more about what drives the CRC in this regard, let’s get to know a bit about the individual members of the Commission.

Dianna Houenou, Chair

Appointed by Governor Phil Murphy in 2021, Chairwoman Houenou is no stranger to New Jersey state governance. Having advised the Governor on matters relating to criminal justice, immigrants’ rights, and military and veterans’ affairs, among others, she brings a deep knowledge of many of the issues most crucial to successful implementation of the legal cannabis industry, including the implementation of expungement and other criminal justice reform initiatives.

Prior to advising the state’s government, Chairwoman Houenou was policy Counsel with the New Jersey branch of the American Civil Liberties Union (ACLU-NJ). As such, she helped develop legislative strategies for such issues as reform of the Newark police department, the legalization of cannabis, and the restoration of rights for people on probation and parole.

Sam Delgado, Vice Chair

As the former Vice President for External Affairs for Verizon New Jersey, Vice Chair Delgado brings a wealth of experience in the corporate world to his role in the CRC. As such, he oversaw the company’s relationships with municipal and county entities, emergency management and public policy, customer service, and public relations.

Vice Chair Delgado also brings to the table some 20 years of service as a Marine Corps Reserve Combat Communications Officer. On top of his many other official roles, including co-chairing Newark Mayor Ras Baraka’s “Housing and Economic Development” transition team, Delgado brings nearly unmatched experience in the interface between public, corporate, and governmental realms.

Charles Barker, Commissioner

As Constituent Advocate and Projects Specialist to U.S. Senator Cory Booker for four years, Commissioner Barker oversaw criminal justice reform, technology and innovation, cannabis, and other important policy initiatives. In 2018, he also served as strategic advisor to Anthony Cureton, the first Black sheriff in Bergen County. His appointment came after pressure from the NAACP.

Maria Del Cid-Kosso, Commissioner

Born in Guatemala and raised in New Jersey, Commissioner Del Ci-Kosso’s background gives her insights into the issues facing Black, Latinx, and other underrepresented communities. Prior to being appointed to the CRC by Governor Murphy, Del Cid-Kosso served as the Director of Policy and Legislative Services at the New Jersey Department of Health. As such, she led the state’s strategic communications efforts on COVID-related vaccination efforts. Her involvement in New Jersey politics dates back to 2012, when at the age of 18 she served as a campaign assistant for U.S. Senator Robert Menendez’s re-election bid.

Krista G. Nash, Commissioner

Commissioner Nash has focused much of her career on the issues facing the formerly incarcerated, such as homelessness, substance abuse, and mental health disorders. Most recently, she served with Volunteers of America Delaware Valley as Director of the PROMISE program, which is designed to meet the needs of those exiting the criminal justice system with chronic mental health challenges and needs.

Jeff Brown, Executive Director

As Executive Director of the CRC, Jeff Brown oversees the offices and staff of the Commission, ensuring that the office can regulate New Jersey’s cannabis industry effectively and efficiently. Prior to this, Brown served as the Assistant Commissioner at the New Jersey Department of Health, where he oversaw the Division of Medical Marijuana. Under his leadership, the office tripled the number of dispensaries and expanded service from 17,000 to more than 100,000 patients in a three-year span.

New Jersey Cannabis Regulations: The Groundwork for Success

Learning about the members of the CRC is a valuable facet on the path to understanding the state’s regulatory landscape, but it’s far from the only one. Partnering with an experienced guide such as Bridge West may dramatically increase your chances of success.

Drawing on our deep knowledge of New Jersey’s regulatory and business environment, we guide prospective applicants through the complex rules and regulations involved in securing a cannabis license in the state. And with access to funders, mentors, and other key stakeholders, Bridge West can dramatically increase your chance of success in this fluid, competitive, and fast-moving industry.

Want to learn more? Reach out anytime.

How to Win a Cannabis License In New Jersey as an Impact Zone Business

new jersey impact zone business

As of fall 2021, New Jersey is gearing up to launch its much-anticipated legal cannabis industry. In a previous article, we laid out the cannabis licensing requirements in the Garden State (we suggest you revisit it to familiarize yourself with the landscape).

In today’s post, we’ll be drilling down a little deeper into the topic of “impact zones.” These state-defined regions are earmarked for investments generated by cannabis revenues. What’s more, license applications from entrepreneurs with ties to these regions will be given priority when it comes to licensing approvals.

If you’re interested in applying for a cannabis license in New Jersey and you qualify as an impact zone business, we urge you to make the most of this special opportunity. Here’s everything you need to know.

Cannabis Licensing Requirements in New Jersey: What is an Impact Zone?

Earlier this year, New Jersey’s newly-enacted adult-use law established the legal framework for the state’s adult-use cannabis industry. And from the start, the state’s Cannabis Regulatory Commission (CRC) has demonstrated a commitment to addressing social impact in cannabis. That’s why the CRC’s application criteria prioritizes residents of impact zones: municipalities negatively impacted by unemployment, poverty, and/or past cannabis enforcement activity. 

Although the State has not published a list of municipalities that qualify as impact zones, based on the criteria stated in the law, New Jersey’s designated impact zones likely include: 

  • Atlantic City
  • Bridgeton
  • Camden
  • Commercial Township
  • East Orange
  • Elizabeth
  • Franklin Township
  • Irvington
  • Jersey City
  • Newark
  • Maurice River Township
  • Millville
  • New Brunswick
  • Orange City
  • Passaic
  • Paterson
  • Perth Amboy
  • Plainfield
  • Quinton Township
  • Salem City
  • Trenton
  • Vineland

The CRC will prioritize impact zones businesses in the application process, and the law establishes three ways to qualify as an impact zone business:

  1. The business is located, or intends to be located, within an impact zone; 
  2. More than 50% of the ownership interest is held by a current resident or residents of an impact zone who have resided there for three or more consecutive years at the time of application; or 
  3. The business presents a plan, along with an attestation, to ensure that: 
    1. At least 25% of its employees reside in any of the State’s impact zones, and 
    2. Among the employees who reside in impact zones, at least 25% reside in the impact zone nearest to the cannabis business’s location or intended location.

What’s in it for the actual impact zones? Quite a lot, actually. State regulations call for 70% of cannabis-derived revenues to be reinvested in these areas in the form of grants, loans, reimbursement of expenses, and other considerations. And with New Jersey’s cannabis market set to achieve a projected value of $1.2 to $1.5 billion by 2023, these programs are expected to generate quite an impact indeed.

That’s not the end of the story when it comes to New Jersey’s efforts to level the playing field. In addition to the priority given to residents of impact zones, the CRC will allocate 15% of licenses to minority-certified businesses and an additional 15% to those owned by women or disabled veterans.

Cannabis Licensing Requirements in New Jersey: Maximize Your Chances of Success

While the CRC hasn’t yet made public the exact components of its point scale, we can draw upon our deep experience in the industry to forecast some of the criteria New Jersey’s commission will be considering:

  • Direct experience in the cannabis industry
  • A detailed business plan that includes all pertinent, cannabis-specific aspects—including compliance software and reporting tools 
  • Demonstration of financial and managerial competence
  • Environmental-impact plans and sanitation procedures 
  • Safety and security procedures, including those for cybersecurity and diversion prevention
  • An emergency management plan, as well as procedures to report adverse events

If you’re committed to entering New Jersey’s burgeoning legal cannabis industry, Bridge West is ready to help. With a proven track record—since 2009, we’ve helped over 400 applicants all across the United States win cannabis business licenses—we guide entrepreneurs through the many rules, regulations, and potential pitfalls involved in securing a cannabis license. Whether you qualify due to your designation as an impact zone business, are a diversely-owned business, or are any other type of applicant, we have the experience and skill to help you chart a course for success. Ready to talk? Reach out anytime.

How to Win a Cannabis License in New Jersey as a Social Equity Business

new jersey social equity business

The opening of New Jersey’s cannabis market is among the most hotly anticipated of the last few years. No surprise: With a value projected to reach between $1.2 and $1.5 billion by 2023, the Garden State will soon join the top rank when it comes to legal cannabis markets. And to the delight of many industry watchers and restorative justice advocates alike, New Jersey is signaling that social equity in cannabis will be front and center.

We’ve written about the cannabis licensing requirements in New Jersey before (and we suggest you revisit that article to familiarize yourself with the landscape). In today’s post, we’ll talk about some of the ways in which the state plans to incentivize diversely owned businesses, restore communities negatively impacted by the War on Drugs, and lay the groundwork for a robust, fair, and equitable cannabis market.

And if you’re looking to join New Jersey’s fast-growing cannabis industry, take special note: We’ll share some of the ways that you, as a social equity applicant, can gain a competitive advantage.

Cannabis Licensing Requirements in New Jersey: Opportunities for Diverse and Impact Zone Applicants

New Jersey is hardly the only state to focus on social equity in cannabis. But thus far, the state’s cannabis regulations—laid out in the recently adopted adult-use law—have won praise for keeping the focus on previously underserved regions and populations. And in addition to redressing the harm done to specific populations and communities through police and justice system overreach, the state’s plan is designed to leverage cannabis-derived revenues to spur vigorous reinvestment in these affected areas.

Under state law, New Jersey’s Cannabis Regulatory Commission is charged with imposing a “social equity excise fee” on the cultivation of adult-use cannabis. And under the current structure, the proceeds from this fee—in addition to a hefty 70% of cannabis sales tax revenue—is to be set aside for initiatives designed to offset disparities related to drug laws and aggressive policing. These funds will take the form of grants, loans, reimbursement of expenses, and other financial considerations.

Through related policies, the CRC will earmark nearly one-third of all cannabis business licenses to diversely owned businesses, as well as prioritize applicants located in “impact zones” (defined as those municipalities negatively impacted by unemployment, poverty, or past cannabis enforcement activity).

Cannabis Licensing Requirements in New Jersey: The Groundwork for Success

As should be clear, New Jersey’s focus on social equity in cannabis represents a special opportunity for a number of populations. But on their own, these attributes aren’t enough to guarantee success when it comes to crafting a successful cannabis business license application.

Whether or not you’re a designated diverse applicant or reside in an impact zone, partnering with Bridge West can dramatically increase your chances of winning a cannabis license in New Jersey. With over a decade of experience in the field, we guide prospective applicants through the maze of rules and regulations involved in securing a cannabis license. And with access to funders, mentors, and other key stakeholders, Bridge West can enhance your chance of success in this fluid, competitive, and fast-moving industry.

Ready to talk? Reach out anytime.

How to Win a Cannabis License in New Jersey as a Diversely Owned Business

Cannabis License

As New Jersey gears up to launch its much-anticipated legal cannabis industry, the Garden State is sending out a clear signal: The state intends to spur diversity in cannabis, and prioritization will be given to those cannabis business license applicants who represent diversely owned businesses. If you’re a woman, a member of an ethnic minority, or a disabled veteran, this presents an opportunity for you to secure a license in what will be a highly competitive arena.

We’ve talked about the cannabis licensing requirements in New Jersey before (we suggest you revisit that article to familiarize yourself with the landscape first). Today, we’ll talk about the ways in which the state plans to incentivize these diversely owned businesses and share some of the ways you can gain a competitive advantage.

Cannabis Licensing Requirements in New Jersey: Identifying Diversely Owned Businesses

Cannabis License 3

The desire to support diversity in cannabis is hardly limited to New Jersey. From coast to coast, many states have dedicated resources and special programs with the goal of bringing underrepresented populations into the legal cannabis industry. But New Jersey’s program—enshrined in the recently-adopted adult-use law—is robust and potentially far-reaching. The state’s Cannabis Regulatory Commission (CRC) earmarked nearly one-third of all cannabis business licenses to diversely owned businesses. At present, 15% of licenses will be awarded to businesses certified by the State of New Jersey as Minority-Owned Businesses, and an additional 15% will go to those with designations as Women-Owned Businesses and Veteran Owned Businesses.

On a technical note, New Jersey defines “diversely owned businesses” as those in which at least 51% of the ownership interest is held by persons who are minorities, women, disabled veterans, or any combination thereof; and the management and daily business operations are controlled by one or more of the minorities who own it. The State has a formal process to apply for these certifications.

Impactful though this stands to be, it’s not the end of the story. In addition to the priority given to minority applicants, the CRC will prioritize applicants with ties to “impact zones”—those municipalities negatively impacted by unemployment, poverty, or past cannabis enforcement activity.

In addition, the CRC—addressing concerns that many current cannabis license holders have out-of-state ownership—will give priority to longtime state residents. The Commission defines these as those people who have resided in New Jersey for at least five years and who hold at least a 5% stake in any entity seeking a cannabis license in New Jersey.

Cannabis Licensing Requirements in New Jersey: Get a Leg Up

As we stated earlier, New Jersey’s focus on diversity in cannabis presents a special opportunity for minorities, women, and disabled veterans. But these attributes on their own aren’t enough to guarantee success when it comes to crafting a winning cannabis business license application. Successful applications will need to demonstrate:

    • Direct experience in the cannabis industry
    • A detailed business plan that includes all pertinent, cannabis-specific aspects—including compliance software and reporting tools
    • Demonstration of financial and managerial competence
    • Environmental-impact plans and sanitation procedures
    • Safety and security procedures, including those for cybersecurity and diversion prevention
    • An emergency management plan, as well as procedures to report adverse events

Whether you represent a diversely owned business or not, Bridge West can dramatically increase your chances of application success. Over the past dozen years, we’ve helped over 400 applicants win cannabis business licenses all across the United States. We guide entrepreneurs through the many rules and regulations involved in securing a cannabis license, and the relationship doesn’t end there. With access to funders, mentors, and other key stakeholders, Bridge West is the partner you need to maximize your chances of success in this fast-moving and competitive industry.

Ready to talk? Reach out anytime.

How to Get Licensed in South Dakota’s Medical Cannabis Market

South Dakota

In November of 2020, South Dakota made history as the first state to legalize both medical and adult-use cannabis in the same year. And while the adult-use part of the equation is currently in legal limbo—more on that in a moment—the state is moving ahead on the medical-use front.

If you’re interested in entering the cannabis industry in the state of South Dakota, it’s high time to dive into the cannabis licensing requirements. In today’s post, we’ll share what we know about the legal status of cannabis in South Dakota. We’ll also introduce a timeline for the South Dakota medical cannabis licensing requirements.

Cannabis Licensing Requirements in South Dakota: The Adult-Use Question

Although South Dakotans voted to approve adult-use cannabis by a 54%-to-46% margin, Governor Kristi Noem has pushed back, instructing a state official to challenge the measure in court on technical grounds. There’s currently no word on when the South Dakota Supreme Court will issue a ruling; stay tuned on that front. Incidentally, Noem also attempted, unsuccessfully, to thwart the state’s medical-cannabis program. As of this writing, the state is slated to launch a patient registry program in November of 2021.

Medical Cannabis Licensing Requirement: What We Know

With the state currently formulating its guidelines, many questions remain as to how South Dakota will manage the cannabis business licensing process. But with the State Legislature tasked with providing a legal framework for retail medical sales by April 1, 2022, the clock is ticking.

At present, SDCL 34-20G establishes the following cannabis business types:

  • Cultivator
  • Manufacturer
  • Dispensary
  • Testing facility

These cannabis businesses are referred to collectively as “establishments.” And while the exact cannabis licensing requirements in South Dakota are still a work in progress, the Department of Health will issue those details on or before October 29, 2021.

If you’re interested in applying for a cannabis license in South Dakota, that means it’s Go Time. Even if the exact licensing requirements are in flux, now’s the time to be formulating the business and operations plans you’ll need to have when it’s time to apply. Let’s drill a little deeper into both:

Business Plan: In most states, having a business plan is required for every type of cannabis license application. Moreover, a well-crafted business plan is a vital roadmap for you and your team. Nailing this document is your best opportunity to demonstrate your organizational and entrepreneurial knowledge, your grasp of the commercial and regulatory playing field, and the ways your business will positively impact the community you serve. And having a compelling and clear-eyed business plan is a major factor in your ability to attract investors, partners, and other key players.

Operations Plan: If your business plan is your strategic overview, your operations plan is your tactical roadmap. It’s where you’ll spell out all the details relating to safety, compliance, and the day-to-day operations of your establishment. Think of it as an “operator’s manual” for running a successful, compliant, and profitable cannabis business.

Cannabis Licensing Requirements in South Dakota: Wrapping Up

If you’re serious about entering the South Dakota cannabis industry, we’d like to help. As a partnership of highly skilled and seasoned cannabis industry consultants and guides, Bridge West is ready to help new and emerging cannabis companies find financial and banking solutions, connect with potential stakeholders and chart a course for success in this exciting new landscape. Feel free to reach out to schedule a consultation at any time.

How to Get Licensed in New Mexico’s Medical Cannabis Market

new mexico cannabis

If you follow cannabis news in New Mexico, you know it’s been a heady few months: After years of speculation, adult-use cannabis has officially crossed the finish line. With Governor Michelle Lujan Grisham (D) having convened a special legislative session, in June of 2021 the Land of Enchantment officially threw open the doors for adult-use cannabis cultivation and possession.

You’ll note that “adult-use cannabis sales” aren’t on that list. That’s because the state’s Cannabis Control Division was granted a three-month delay in order to formulate adult-use cannabis licensing requirements in New Mexico. But as of September 1, 2021 at the latest, the state is slated to begin processing license applications. And once those adult-use dispensary licenses are issued and cannabis training programs get underway, the state is tasked with beginning adult-use sales no later than April 1, 2022.

What does this mean for those looking to enter the New Mexico cannabis industry? With some sources estimating that the state’s legal cannabis industry is poised to generate some 11,000 new jobs and $300 million in annual sales, it’s Go Time for New Mexico cannabis entrepreneurs. And that means the competition is going to be fierce, with the state scrutinizing each and every application to weed out those deemed unqualified or unprepared.

If you’re looking for a foot in the door, we’d like to help. We’re Bridge West, a team of seasoned cannabis industry veterans with decades of combined experience and a proven approach to cannabis business licensing. We offer our clients an unparalleled advantage in terms of start-up business planning, licensing and advisory services, and much, much more. We invite you to begin your education with this overview of the regulations governing the cannabis licensing requirements in New Mexico.

Adult-Use Cannabis Licensing Requirements in New Mexico: The Regulatory Framework

New Mexico administers its cannabis program through the Cannabis Control Division. And while the state currently offers a number of cannabis business licenses, we’ll narrow our focus to New Mexico’s adult-use cannabis licensing requirements for today’s purposes.

New Mexico Adult-Use Producer License: This license permits the cultivation of cannabis plants (including the testing of unprocessed cannabis products by a licensed cannabis testing laboratory). License-holders may transport unprocessed cannabis products to other licensed cannabis establishments, as well as sell cannabis products wholesale.

Licensing Fees: $2,500/year; $1,000/year for each additional licensed premises.

New Mexico Adult-Use Manufacturer License: This license permits the holder to process cannabis into edibles, oils, and other products; package cannabis products; have cannabis products tested by a testing facility; and purchase, acquire, sell, and transport wholesale cannabis products to other licensed establishments.

Licensing Fees: $2,500/year; $1,000/year for each additional licensed premises

New Mexico Adult-Use Retailer License: This license allows the holder to sell cannabis products to consumers, qualified patients, primary caregivers, and reciprocal participants.

Licensing Fees: $2,500/year; $1,000/year for each additional licensed premises

New Mexico Adult-Use Cannabis Courier: This license permits the holder to transport cannabis products directly to consumers, qualified patients, primary caregivers, and reciprocal participants.

Licensing fees: $1,500/year; $1,000/year for each additional licensed premises

New Mexico Cannabis Consumption Area: Regulated in a similar manner to a microbrewery, these are areas where cannabis products (but not alcohol; that’s a separate license) may be consumed.

Licensing fees: $2,500/year

New Mexico Adult-Use Cannabis Testing Laboratory: This license permits the holder to sample, collect, test, and transport cannabis products for the purpose of testing and assessment.

Licensing Fees: $2,500/year; $1,000/year for each additional licensed premises

In addition, New Mexico will issue licenses to cannabis servers, cannabis training and education programs, and several types of vertically integrated cannabis businesses.

Now that you know your breadth of options, let’s turn our focus to a few of the key points you’ll need to keep top of mind if you’re preparing to apply for a New Mexico cannabis license.

Cannabis Licensing Requirements in New Mexico: General Considerations

Following the lead of other states intent on redressing the inequities of the War on Drugs, New Mexico is demonstrating a commitment to social equity in its legal cannabis industry. This means, among other things, that while applicants may not have prior convictions “substantially related to the qualifications, functions or duties” implicit in their roles, this does not necessarily include prior cannabis convictions. At present, disqualifying felony convictions include fraud, embezzlement, deceit, or ‘involving a minor’ in drug sales.

As implied by our comments earlier in this article, New Mexico has also signalled an openness to vertical integration. At present, multiple licensees may occupy a single licensed premises, and the CCD may not place restrictions on the number of licensees occupying a single licensed premises, or on the number of locations of a single licensed cannabis business.

Cannabis Licensing Requirements in New Mexico: Business and Operations Plans

Yes, a business plan is required to be submitted with cannabis license applications. Importantly, it is also the case that a strong and clear-eyed business plan is one of the most important foundational tools for you and your stakeholders. And when the CCD is reviewing your application, your business plan will provide a singular opportunity for you to demonstrate your strong grasp of the New Mexico cannabis industry, your understanding of the legal and regulatory playing field, and the ways you plan for your business to positively impact the community you serve.

Over and above this, having a solid business plan is a major factor in your ability to attract investors, partners, banking and other related financial institutions, and additional key players.

If a business plan is a strategic roadmap for your enterprise, an operations plan is its more tactical counterpart. Submitting a solid operations plan will signal to the license review board how you’ll ensure that your facility will be in compliance with the state’s security, diversion, public safety, and other requirements. We encourage you to envision your operations plan as an “operator’s manual” for running a successful, compliant, and profitable cannabis business.

Cannabis Licensing Requirements in New Mexico: In Conclusion

If you’re interested in gaining entrance to the New Mexico cannabis industry, we can help. As a partner filled with highly-skilled and seasoned cannabis industry consultants and guides, Bridge West is ready to help new and emerging cannabis companies find financial and banking solutions, connect with potential stakeholders, and chart a course for success in this exciting—yet challenging—new landscape. We invite you to reach out anytime to schedule a consultation.

Your Cannabis Business and Financial Data: How to Maximize the Value of Your Reports

It is essential that cannabis business owners understand the importance and value of their operational data. Whether it is the yield per plant for cultivators, THC content per batch for processors, or the average sale per customer for dispensaries, gathering and interpreting operational data is imperative to the success of every cannabis business. Like operational data, financial data plays a critical role in any major business decision. The combination of financial data and operational data summarizes the business’s performance and is key to understanding the business’s financial health.

Due to the fast-paced and dynamic nature of the industry, cannabis business owners often view the accounting function as an afterthought.  However, proper accounting is critical to prevent risks to an operations’ assets. Accounting is the source of obtaining the best results from financial reports and should be considered an integral part of operations.  The fundamental accounting functions are collecting, managing, and interpreting financial data.

Cannabis business owners can implement several tactics to guide them, improve their processes, and enhance the results within their accounting function.

Tracking Workflows: Precisely Understand How Much Money You Have, and How it’s Being Spent

The first step in collecting accurate financial data is to understand the workflows within your cannabis business. Workflows will outline how money is being received and spent. Identifying where money is coming in, or ‘cash inflows,’ and where money is leaving your business, your ‘cash outflows’ translates to each accounting function.  For example, cash outflow for packaging expenses relates to accounts payable, inventory, and cost of goods sold. This workflow can be traced to operations. In this case, packaging expenses were likely ordered by the packaging manager, who can identify how orders are placed and how bills are received.

Identifying Areas to Improve by Creating, Defining, and Adjusting Processes

After beginning to track and measure workflows, processes should be created to collect and submit the data to the accounting software. As cash inflows and outflows are continually monitored, identify opportunities to improve the operational workflow. Department managers should communicate with accounting departments to ensure operational data is collected and reviewed alongside financial data.

To use the same packaging expense example above, the packaging manager should be instructed to submit purchase orders prepared by accounting.  When goods are received, the packing slips and invoices should be provided to accounting to be applied to the open purchase. It is essential to identify how often the process should be performed within departments. In addition, inventory controls, such as purchase approvals, the review process for financial and operational data, and the process to retain supporting records, should be reviewed frequently.  Digital copies of all bills, receipts, sales, and invoices, should be retained and included with the corresponding transactions in the accounting software. Audits are a recurring theme for the cannabis industry, and cannabis business owners should be diligent in maintaining updated records.

Developing and Implementing Cannabis-Specific Accounting Policies to Accurately Measure Business Activities

 

Cannabis accounting is entirely different than any other industry and includes many additional steps and techniques.  It is imperative to understand the implications of various federal and state tax codes and cost accounting methods, which can vary depending on the business activities. Cannabis businesses should structure their accounting policies in accordance with their tax and costing approach.  The chart of accounts should be aligned with the accounting policies, and methods to track workflows should be established within each department, such as cultivation, extraction, packaging, etc. If the operation has multiple locations performing similar operations, tracking business functions by location within each department is highly recommended.  Comprehensive policies will be the guidance for the application of the financial data processed in the previous concept.  If cannabis business owners are unsure of the cannabis accounting methods that apply to their specific cannabis operation, do not hesitate to reach out to us.

 

Building a Monthly Reporting System to Gain Operations Insights

The ultimate goal for the cannabis business accounting function is to obtain sufficient information to make informed business decisions, reduce risk, and increase the bottom line. This can be accomplished by working with accounting to develop and implement a monthly reporting package. This process will summarize the financial data and provide insights into the cannabis business’s activities. A consistent monthly reporting package will enable management to analyze performance, develop key performance indicators, establish budgets, and forecast cash flow.  Management should always have access to this essential information, and it is critical that potential investors and lenders have access to this data as well.  Furthermore, this information should be readily available to assist in the management of the cannabis business.  Accounting can further customize reporting to the business’s specific target market and users.

Final Recommendations

Building a robust accounting function and implementing comprehensive policies is recommended from the inception of a cannabis operation. These vital steps provide management with the necessary tools to make data-driven, strategic decisions. In addition, thorough accounting policies will prevent issues in the long run. Whether a startup with limited resources or a well-established cannabusiness, we recommend consulting with cannabis industry experts to get the most from your financial data.

As advisors serving the cannabis industry since 2009, Bridge West Consulting serves more than 600 cannabis clients, including cultivators, processors, transporters, dispensaries, management, and intellectual companies, throughout the United States. Our clients rely on our cannabis expertise to maintain their financial data so they can focus on their growth and operations. Reach out, we’d love to talk.

How Cultivators and Processors Can Increase Cash Flow

Operating a cannabis or hemp cultivation and processing facility comes with significant challenges, including maintaining compliance with local, state, and federal laws. Due to the complex nature of the cannabis industry, operators also face many accounting and cash flow management challenges.

Lack of Historical Industry Data

Legacy accounts do not exist in the cannabis or hemp industries,. There is a lack of legacy accounting software that operators can use to track inventory costs year-over-year.  Currently, most states mandate the use of seed to sale software specifically designed to comply with state regulations.  Although this industry-specific software serves a critical purpose, it is not intended to support cash flow management. As an example, typically seed to sale software does not track production activity and determine plant growing costs, the price related to the yield, or the cost of the yield converted into a gram of oil.  It also does not help with supply chain management, which is crucial for any manufacturer.

IRS 280E Tax Code Hurdles

Until the Federal government removes cannabis as a Schedule I drug from the Controlled Substances Act, cannabis cultivators and processors remain subject to 280E, which prohibits deductions of anything otherwise ordinary and necessary. 280E only allows cannabis businesses to deduct the costs of goods, according to Section 471(c).  However, Generally Accepted Accounting Principles (GAAP) will allow cultivators and processors to allocate more costs into production costs, thus making up the costs of goods sold (COGS).  Unfortunately, this is difficult due to the absence of legacy accountants to help determine what meets the definition of 471(c) and GAAP.

Setting Up Your Cannabis Business for Financial Success

With the guidance of a skilled cannabis tax advisor, cultivators and processors can mitigate the pitfalls of 280E through GAAP accounting and meet the IRS requirements. It is critical to work with an advisor who has industry expertise and insight into the Federal and State’s interpretation of 280E and 471(c). To increase cash flow while mitigating the risk of noncompliance, it is essential to correctly set-up your accounting system from the beginning with the best chart of accounts and determine your departments. This initial step helps you understand the flow of inventory costs throughout the accounting system.  The next step is to understand each business transaction clearly and determine the type of expense, i.e., if it is a manufacturing expense and which department incurred the costs.  Cannabis business owners and operators must decide how to allocate expenses to each department, and examples are rent, utilities, and insurance.  In addition, it is vital to set-up your payroll to track labor by department.

Tracking Production Information to Develop Accurate Reports

Although most seed to sale software can collect some production information, the most reliable data is typically stored by department managers for cultivation, processing, and packaging. This is because most seed to sale software is designed to keep cannabis businesses compliant. Most departments will track their own production information and accounting departments should work closely with department managers to obtain critical production information. Developing meaningful production reports is challenging and requires communication across various areas of the business.  Obtaining accurate data for each aspect of your business is critical for accounting to review the cost of each department in relation to the product production. This information helps department managers and the accountants understand the costs at each stage.

Due to a lack of solid accounting systems that provide management with inventory reports, it is common to see significant growth in inventory levels, especially in yield and stock/bulk oil.  In a given year, a higher level of production will result in a better margin, but will not increase cash flow.  When gross profits are higher, cannabis operations must pay more Federal and State income taxes.

For cultivators and processors to increase cash flow, management, department managers, and internal accountants must understand the annual costs by department, the sales by product type, and the current inventory levels.  On a quarterly basis, if not more frequently, accounting departments should review production data to ensure it is accurate and consistent.  Bridge West works closely with owners and operators to mitigate compliance risks and increase cash flow.  Our deep industry experience allows us to make the process more manageable for department managers, internal accounting personnel, and management.  Reach out, we’d love to talk.

The Importance of Developing a Financial Projection for Your Cannabis Operation

All sound business plans include financial projections and creating a meaningful and effective financial projection is both an art and science. A financial projection is a critical component in the cannabis licensing application process and will serve as an effective guide as cannabis operations expand. Logical financial forecasts help track your business’s monthly progress and accurately measure your business’s performance in comparison to your projections. A financial forecast  includes projected sales, budgeted expenses, a balance sheet, cash flow, and sources and uses of funds. In addition, a financial projection helps determine the necessary amount of funding and the projected return on investment (ROI).

How are Financial Projections Developed?

Cannabis operators face significant challenges in creating financial projections due to a lack of historical data or industry benchmarks.  For businesses in other industries, like manufacturing or construction, benchmark information can be obtained from third party financial data service providers. However, third-party providers that gather and sell financial information most likely have little historical data on the cannabis industry compared to traditional industries.

While cannabis companies are on the Canadian Stock Exchange, many are consolidated operations of vertical, distribution, and dispensaries, making them difficult to analyze. Therefore, financial plans for cannabis businesses are largely based on assumptions. An effective approach to developing a financial projection is to assess the current marketplace and measure data related to financial trends and growth opportunities. An additional strategy to gather sound financial data is to evaluate your current or predicted competition. Although the costs in your financial forecast will be unique to your business, assessing the current market and your competitors can help establish practical goals and objectives, and determine the growth opportunities in the market.

Effective Financial Projections are Ever Evolving

The explosive growth of the cannabis and hemp/CBD industries has increased the importance of sound financial projections. Whether your cannabis operation is a start-up or well established, effective financial projections should not be static.  On a regular basis, it is beneficial to reevaluate your operation’s sales forecast, budgeted expenses, balance sheets, statement of operations, and cash flow statements. Aligning your financial projections and business goals is essential to developing a solid foundation for financial and operational success.

The Benefits of Working with a Cannabis Industry Expert

When developing a business plan with a financial projection for the purpose of securing funding or a cannabis license, it is highly recommended to have a trusted advisor who specializes in the cannabis industry prepare your financial plans.  At Bridge West, a key advantage in helping our clients build solid financial projections is the data we collected over the last ten years of serving the cannabis and hemp/CBD industries. Our data is categorized by type of operator: vertical, cultivator, processor, distributor, delivery, dispensary, or retailer.  In addition, our data is organized by markets, ranging from limited competition to over-supply, such as Oregon and Colorado. This is beneficial for operators developing or modifying a financial projection, since we can quantify the specific costs within a forecast. As an example, we quantify the plant yield and cost per yield for a cultivator that grows indoor vs. greenhouse vs. hoop house vs. outdoor. These analyses are very helpful in making educated decisions and strategic planning.

In a projection, a common error that we find is the amount of working capital needed, and the working capital is typically under-estimated. We apply our analyses of similar cannabis operations to facilitate education decision making and strategic planning. Therefore, a precise estimate can be made to identify the amount of working capital needed for inventory for each type of operator.

Financial projections should generally reflect five years of balance sheets, statement of operations, and cash flows. Generally, a detailed forecast of operating expenses should be developed by department and for at least two years. The most reliable financial forecasts are often built by trusted cannabis advisors working with management and operators. Ultimately, financial forecasts should become a measurement tool for a cannabis operation that is constantly analyzed and evolving.

If you have any questions or are interested in learning more about how we can help your cannabis operation build a financial projection to support your business plan, reach out. We’d love to talk.

Is Your Cannabis Business Paying Too Much in Sales and Use Taxes?

Typically, state tax authorities will let cannabis businesses know if they have not paid enough sales and use taxes. However, will they notify you if you’ve paid too much? The odds are slim. The possibilities are so unlikely that cannabis owners and operators often hire tax experts to perform reverse audits to identify overpayments so they can request refunds.

Understand the Available Tax Exemptions

It is essential for cannabis businesses to understand the sales and use tax exemptions available to them. For example, most states offer companies exemptions from sales tax on machinery, supplies, and tools used to manufacture products.  Generally, state tax laws also do not require businesses to pay taxes on the utilities and materials used in the manufacturing process. Cannabis businesses may be able to take advantage of some of these sales and use tax exemptions. Operators need to understand their state’s specific tax laws and claim the proper available exemptions; otherwise, exemptions to which you are entitled may be missed.

Traditional businesses often utilize sales and use tax compliance software to safeguard against overpaying; however, there are limited systems designed specifically for the cannabis industry to alert businesses of overpayments related to manufacturing. Overpaying can result from many reasons, including staff turnover, business expansion or downsizing, and human error mistakes, and can have significant consequences.

Review Broad and Historical Data

Reverse audits typically reach every department within the cannabis businesses and date back to the statute of limitations on state tax reviews. To ensure a reverse audit is accurate and effective, the auditor should review as much historical data as possible. For example, if a state auditor can review financial records for the four years preceding the audit, the reverse audit should comprise the same timeframe.

Common Types of Tax Overpayments

Two prevalent types of tax overpayments are on components of manufactured products and on the equipment used to make the products. Other areas where overpayments may occur, depending on state laws, include:

  • Manufacturing equipment,
  • Pollution control equipment and supplies,
  • Safety equipment,
  • Warehouse equipment,
  • Software licenses,
  • Maintenance fees,
  • Protective clothing, and
  • Service transactions.

If you believe your cannabis organization has overpaid on sales and use taxes in these and other areas, it is essential to clearly understand your operations. For example, to ensure that you are receiving maximum benefit from industrial processing exemptions, you must know where your manufacturing process begins and ends.

The Process – and Three Phases – for a Reverse Sales Tax Audit

Phase One: Feasibility Study

The first phase in a reverse sales tax audit is to perform a feasibility study, which analyzes various financial and accounting functions within a cannabis business. The results of a feasibility study help operators identify and estimate the potential sales/use tax refund opportunities. Depending on the size of the company, this may require up to two days of review. This first phase of the reverse audit typically reviews a fixed asset listing, chart of accounts, accounts payable detail for selected reports for a sample period, and invoices.  If available, the auditor would also review an electronic download of all invoices and accounts payable activity. The feasibility study may only cover a certain period, where the results are projected over all time periods within the statute of limitations. Then, the auditor would estimate the potential refund.  Depending on the results of this phase, the auditor will determine the next steps to take in phase two, the validation phase.

Phase Two: Validation

If the auditor identifies an overpayment in phase one, ‘the feasibility study,’ the primary focus of the validation phase is to compile the documentation required to prepare and submit the claim for a refund. The auditor will usually meet with the department managers who are most familiar with the items purchased, i.e., plant supervisors or buyers, to provide descriptions of the claimed items. If the reason for the exemption would not be evident to the state’s claim reviewer, department managers may be required to submit summary explanations. Once the proper documentation is compiled, the final step during the validation phase is to present the entire refund claim package to the company for review and approval.

Phase Three: Coordinating with the State and Ensuring the Refund is Issued and Received

Once the cannabis business approves the refund claim package, it is submitted to the state. It is common for state representatives to respond with questions and requests for copies of invoices. Accordingly, phase three includes responding to the state’s requests and ensuring that the refund is issued and received by the cannabis business. Similar to the final step when mitigating an exposure, it is crucial that department managers and other company personnel are trained to capture the exemptions that resulted in the prospective refunds.

Save Now and Later

Although the reverse audit process is time-consuming and complex, the end result can produce a significant financial gain for cannabis businesses. Each state’s rules and regulations for sales and use tax refunds are complicated. However, an experienced cannabis tax advisor can properly prepare a cannabis owner’s refund claim before they are officially submitted to the state for review.

Since 2009, Bridge West has assisted cannabis operations with reverse audits and successfully helped clients reap tax refund rewards now. We also work closely with owners and operators to update compliance systems and implement tax minimization strategies.  Reach out, we’d love to talk.