San Francisco Suspends Cannabis Tax to Combat Illicit Market

The San Francisco Board of Supervisors last week unanimously approved a measure to temporarily suspend the city’s Cannabis Business Tax, citing strong competition from the illicit cannabis market and a crime wave that has plagued the regulated industry.

The tax was approved by San Francisco voters in 2018 and was scheduled to go into effect on January 1, 2022. Under terms of the ballot measure, a tax of from one percent to five percent would be levied on the gross receipts of the city’s licensed cannabis businesses.

Supervisor Rafael Mandelman said in a statement that suspending the tax would allow businesses in the city to better compete with unlicensed operators, who pay no taxes and are not subject to other costs mandated by regulations such as licensing fees and lab testing expenses.

“Cannabis businesses create good jobs for San Franciscans and provide safe, regulated products to their customers,” Mandelman said in a statement. “Sadly, the illegal market is flourishing by undercutting the prices of legal businesses, which is bad for our economy as illegal businesses pay no taxes while subjecting workers to dangerous conditions and consumers to dangerous products. Now is not the time to impose a new tax on small businesses that are just getting established and trying to compete with illicit operators.”

Mandelman noted that a report from the California Legislative Analyst’s Office found that increased state tax rates are directly related to illegal cannabis sales. Matt Hawkins, founder of Entourage Effect Capital and chairman of the board for California licensed cannabis operator Harborside, commended the city’s move as a way to help regulated businesses compete with the illicit market.

“With the vast majority of California’s cannabis sales coming from the illicit market, I commend the city of San Francisco for suspending the city’s Cannabis Business Tax,” Hawkins told High Times in an email. “This should help support the legal cannabis operators in the area, and I hope the rest of California’s municipalities follow suit, including Oakland and other Bay Area neighbors.”

California Cannabis Businesses Plagued by Crime

Cannabis businesses in California, particularly in the San Francisco Bay Area, have suffered a rash of crimes over the past two years, spiking with the civil unrest that gripped the nation after the killing of George Floyd at the hands of Minneapolis police in May of last year. Using the protests over Floyd’s death as cover, criminals looted and burned cannabis businesses up and down the state.

Cannabis dispensaries have also seen a string of dispensary thefts and robberies. On November 16, a group of armed thieves stole thousands of dollars of merchandise from San Francisco retailer BASA. Mandelman’s office said that the theft was the fifth burglary at the site.

“Cannabis businesses, along with many other retailers in San Francisco, are struggling under the weight of out-of-control retail theft,” Mandelman said. “San Francisco needs to do more to protect these businesses, their employees, and their customers before we hit them with a new tax.”

Sue Taylor, founder of Mama Sue Wellness and a representative for Glass House Brands, noted that reducing cannabis taxes provides a benefit to consumers as well as cannabis businesses.

“As usual, San Francisco is taking the lead on helping seniors and people in pain on lowering cannabis taxes,” she told High Times. “Many of our customers and clients have slipped into the illicit market to buy cannabis because of pricing.”

“Before full legalization, cannabis was affordable, but since, the costs have almost doubled for consumers,” Taylor added. “We are proud to be members of this community, keeping real people in mind. And we want to thank the city for once again being a leader in recognizing this as an important issue for our citizens.”

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A Bold Move for San Francisco

With the measure to suspend the Cannabis Business Tax now approved, Mandelman said that his office would work with the City Controller’s Office, the Treasurer and Tax Collector’s Office, the Office of Cannabis and other concerned parties to analyze cannabis business sales in San Francisco. The information would then be used to develop a new tax rate and structure plan to be presented to the Board of Supervisors for potential implementation in 2023.

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World’s largest THC-infused brownie weighs in at 850 pounds

There are 20,000 mg of THC buried in that boulder of chocolate. If we eat it in one sitting, is it free?

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Edibles Holiday Gift Guide

Edibles today have gone far beyond THC—with added terpenes and countless other active cannabis compounds such as CBG, CBN, THCV and more to create a more refined experience that will take you beyond THC only. As always, learn a bit about titration and doses before wolfing down a large or potent edible—as the effects can take up to an hour and a half or longer to kick in.

This holiday season, shower your family and friends with tasty treat edibles that are much more fun than non-infused ordinary holiday goodies. High Times sifted through dozens of edibles before narrowing down 10 of the best edibles gift ideas for 2021.

Photo Courtesy of five

five CBD+THC Gummies

five, the fastest growing company in the cannabis/hemp industry, is giving High Times readers FREE CBD+THC gummies or oils of their choice! Try all-natural vegan gummies with up to 5mg THC per serving or tinctures with 60mg of THC per bottle. Each serving is packed with terpenes and beneficial cannabinoids so you can enjoy that good feel relief. Don’t miss out on this offer!

Price: Up to $59.99

fivecbd.com

Photo Courtesy of Bhang

Bhang Infused Chocolate Bars

Bhang has something for everyone on your list this holiday season. From the its cannabis to its cacao, Bhang’s decadent 100mg THC gourmet chocolate bars use only the finest natural ingredients that are eco-friendly and sustainably sourced, and feature a cannabis-free taste. Bhang also offers vegan, gluten-friendly, lactose-free and keto friendly options. 

Stuff your stockings with a variety of flavors ranging from Milk Chocolate, Dark chocolate, and White Chocolate Cookies & Cream to Blueberry Dark Chocolate, Caramel Mocha Milk Chocolate, and 1:1 CBD:THC Caramel Dark Chocolate. Products range between $15-20. Ask your local budtender for availability or visit Bhangnation.com to learn more.

Price: $15-20

bhangnation.com

Photo Courtesy of Ava Tyler

Trippy Eats: A Cannabis & Psilocybin Cookbook 

Head down the rabbit hole belly-first with Trippy Eats: A Cannabis and Psilocybin Cookbook, the third mind-altering cookbook created by Ava Tyler and published by Stoner Strategies. Not only will this cookbook entice your taste buds but it will also expand your mind as Ava Tyler dives into the science behind cannabis and psilocybin while providing you with the knowledge necessary to properly prepare edibles with these medicinally beneficial ingredients.

Test your cannabis and psilocybin knowledge and prepare your very own cannabis and psilocybin edibles such as deviled eggs garnished with ahi tuna and bacon, birria tacos, vegan cheesesteaks, Cajun cornbread muffins, banana bread, marshmallows, gummies, and honey & lavender coffee. These recipes are perfect for kitchen newbies with easy recipes such as maple syrup or the lobster ravioli pasta salad while also including recipes for the seasoned home chef with recipes like the rose and pistachio cheesecake recipe with a homemade graham cracker crust. 10% of all book sales benefit Martial Arts for Kids, a program that helps kids who have experienced domestic violence attend martial arts classes for free.

Price: $3 ebook, $25 paperback, $35 hardcover 

Find Trippy Eats on amazon.com

Photo Courtesy of Saka

Saka PINK

Handcrafted from 25 percent Rose of Cabernet Sauvignon and 75 percent Rose of Pinot Noir from Napa Valley with 40mg THC, 5mg CBD per bottle, Saka PINK features light tropical and floral aromas introduce mouthwatering flavors of fresh guava, white peach and red fruits balanced by lively acidity.  

Price: MSRP $50

houseofsaka.com

Photo Courtesy of Flora

Delta 8 Gummies

Jolly holly gummy days to you and yours! Flora CBD’s Delta-8 gummies have been formulated to stimulate your mind and provide a deep sense of calm without the anxiousness often experienced with other edible products. Each gummy is infused with 10mg of Delta-8, a powerful cannabinoid found in hemp, known for its strong anxiolytic properties. So, if you are looking to elevate your mind and your senses this holiday season, Flora’s Delta-8 gummies may provide you with an all-natural solution.

Price: $35.99

Visit gotflora.com to learn more.

Photo Courtesy of Flora

CBDips

Kick off your New Year resolutions to quit tobacco with Flora’s CBDips. Our signature CBD dip is made with non-GMO full-spectrum hemp flower for a healthier, tobacco-free dip alternative. Each can of our dip contains long cut CBD-rich flowers, providing users with a convenient and fast-acting consumption method. Available in a variety of naturally-derived flavors, including Southern Peach and Bourbon, our non-tobacco dip delivers all the natural benefits of CBD while stimulating all your senses. Also, you can buy CBDIP Bundle, which includes packs with different flavors.

Price: $11.99

Visit gotflora.com to learn more.

Photo Courtesy of Delta Extrax

Focus Premium Delta 8 THC Tincture

Focus Premium Delta 8 THC Tincture is a great alternative for anyone who doesn’t vape or smoke, but wants to get high. This Sativa dominant Delta 8 Tincture has 1,000mg of premium Delta 8, and a great tasting spearmint flavor.

The total size of the bottle is 30ml and comes with a built-in dropper to monitor your Delta 8 intake. About half a dropper usually does the trick, but it’s always a good idea to wait before you take more.

Price: $39.99 (Use coupon code HIGHTIMES20 to get 20 percent off)

Available Exclusively at: deltaextrax.com

Photo Courtesy of Rift

HHC Gummies

Rift HHC gummies are fire and they’re offering a free sample! These gummies contain 10mgs a piece and are sure to send you to the MOON. You can also get the larger sizes on pinnaclehemp.com.

Price: Ranging from *free to $39.99

freehhcgummies.com

Photo Courtesy of Cheeba Chews

Cheeba Chews’ Sleepy Chews with CBN

Try Cheeba Chews’ Sleepy Chews this holiday season—infused with CBN, melatonin and THC to help the adults sleep through the night. Each box contains 20 chews to help you snooze, with a 2:1 THC : CBN ratio in original chocolate taffy chews, enhanced by approximately 2mg of melatonin, a natural sleep aid. Each package comes with twenty individual pieces, dosed with 5mg of THC and 2.5mg of CBN. Cheeba Chews just rounded out its Wellness Line with its latest release of the Cheeba Chews THCV Charged Chews. The Wellness Line offers a Morning, Noon and Night options. Use Cheeba Chews’ locator to find the nearest dispensary.

Price: Varies

cheebachews.com

Photo Courtesy cbme CBD

Relax by cbme CBD

Take relaxation to the next level. With an infusion of hops and magnesium, and sleep inducing, natural 5-HTP from griffonia seeds. The company’s dried papaya pieces are then coated in premium broad spectrum CBD—fortified with CBG and a combination of relaxing terpenes. Cbme relax before bed can help you wind down and ensure once you are asleep, you stay asleep—rested and recharged—ready to take on the next morning!  

Price: £49.00/$65.18

cbmecbd.com

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Proposed Hemp Bill Aims to Federally Regulate CBD Products

A bipartisan group of lawmakers wants to establish federal standards for the CBD market that has blossomed in recent years.

U.S. House Reps. Kathleen Rice (D-NY), Morgan Griffith (R-VA), Angie Craig (D-MN) and Dan Crenshaw (R-TX) introduced a bill last week that they say will help set standards for CBD-based food and beverage products “to protect consumers and provide marketplace stability for farmers, producers and retailers.”

The bill, called the “CBD Product Safety and Standardization Act of 2021,” “will establish the clear regulatory framework needed to provide stability for business and ensure unsafe products stay off the shelves,” Rice said in a statement.

The legislation “would allow [the Food and Drug Administration] to regulate CBD as it would any other food ingredient and subject these products to enforceable safeguards to ensure Accountability,” a press release explained, while also charging the agency “with establishing CBD content limits and packaging and labeling requirements and determining in which categories of food CBD is appropriate for use.”

“This bill will help distinguish responsible players from bad actors that ignore federal requirements for quality, manufacturing, labeling and claims, and it will bring safety and clarity to the market,” the press release said. 

The 2018 Farm Bill removed hemp and its derivatives from the list of federal controlled substances, clearing the way for states to pass their own laws governing its cultivation. In April, with Idaho’s passage of its own measure, all 50 states had legalized industrial hemp. Market research data released last week found that “industrial hemp accounted for USD 3.91 billion in 2020.”

The data from Brandessence Market Research found that the industry’s projections “are on a promising trajectory to grow at promising 16.27 percent CAGR during 2021-2027 period.”

“The legalization of marijuana in 18 states in the United States has increased the promise of already robust growth of the hemp market. At its peak, industrial hemp fetched $45 to $50 per pound in 2018,” Brandessence said in its report. 

“The COVID-19 crisis has had a negative impact on industrial hemp with a slowdown in demand. The United States Agriculture Department (USDA) estimates farmers can produce as much as two to 12 ton dry-stem yields per acre. Similar estimates are projected in Europe, where farmers produce 3.6 to 8.7 ton per acre. The USDA also estimated that the variable, fixed and operator cost accounted for $286 per acre for hemp fibre, $233 for certified seed and $196 for seed. While these estimates are age-old, the promising new growth due to legalization of marijuana in 18 states is a promising new driver for growth of the industrial hemp market.”

But despite the industry’s growth, and the ubiquity of CBD-based products, there remains “a lack of clear federal standards in the CBD industry [that] has left businesses guessing and customers at risk,” Craig, the Democrat from Minnesota, said in a statement.

“It’s clear that this growing industry needs regulatory clarity in order to continue selling their products safely and effectively,” said Craig. “I’m proud to join my colleagues in introducing this bipartisan legislation to create enforceable safeguards and ensure accountability in the industry.”

The press release from congressmembers said that the “discrepancy between the Controlled Substances Act and FDA law has created a regulatory gray area in which CBD is widely available but unregulated—and considered illegal—by FDA.”

Griffith, the Virginia Republican, said that “demand for CBD products has surged, but Food and Drug Administration regulations do not reflect this new reality.”

“As a result, adulterated or unsafe products are available that threaten consumer health, and businesses lack clarity,” Griffith said. “The CBD Product Safety and Standardization Act would require the FDA to address the issue and ensure more certainty in the CBD marketplace. I’m pleased to join this bipartisan effort.”

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My Cannabis Business Insurer Reserved Rights. What Does That Mean?

Many insurance coverage issues in the cannabis space are relatively new. From fire protection at farms to theft protection in transit, policyholders and insurers alike are facing novel situations applied to old policy language. In the insurance world, when a new or complicated situation presents itself, many insurers will conditionally accept coverage under a “reservation of rights.” This means that the insurer is not quite sure whether coverage should be available for any particular situation, but it is accepting responsibility for the insurance claim subject to further investigation.

For many policyholders, that can be quite confusing. What is the policyholder’s role at that point? Should the policyholder rely on coverage? And when will the policyholder know if the insurer’s answer is “yes” or “no” on coverage?

Broadly, an insurer’s acceptance of a claim under a reservation of rights signals that it is accepting responsibility for the claim while it does a little more work to figure out if the claim should be covered under a policy. The insurer will temporarily honor its obligations and protect the insured pending that additional work.

If an insurer notifies a policyholder of its intention to reserve rights, the insurer will assume the defense of the policyholder’s claim (hire a lawyer and defend the case against the policyholder) while investigating the substantive merits of the contractual coverage claim (determine if there’s any coverage to begin with). The policyholder then must remember its important contractual obligation to assist the insurer in its investigation of the claim, and in the defense of the underlying lawsuit. If a policyholder does not honor this obligation, an insurer may later use it as a defense to coverage.

A policyholder in receipt of an insurer reservation of rights should also not automatically count it as money in the bank. Although reputable insurers will hire good lawyers at reasonable rates to defend the policyholder’s lawsuit, if the insurer later determines that there was no coverage to begin with, the policyholder could be left with the bill for those lawyers. Should the issue arise of whether a settlement should occur under a reservation of rights, policyholders should also play an active role in determining whether the case should be settled, because they may later be able to seek reimbursement for that payment. Many rights and obligations are in flux during this period, and policyholders should stay tuned in to those rights and obligations from the start. Identifying and adhering to policy terms during an insurer’s investigation could later prove essential during a coverage determination in court.

There is no set timetable for the amount of time an insurer must provide the policyholder with a coverage determination, so long as the amount of time the insurer takes is “reasonable.” There are certain rights policyholders should protect, such as pressing their rights in settlement discussions, while keeping defenses to coverage in mind. As long as the policyholder diligently adheres to its obligations under the policy, it maintains the best arguments that coverage should be available at the end of the day.

Harris Bricken’s cannabis insurance coverage lawyers are available to discuss navigating the new realities of difficult coverage situations in the cannabis space. We have experience representing both policyholders and insurers in changing industries. If your insurer has reserved its rights, be sure to understand your rights and obligations under your insurance policy to maximize your chances for coverage.

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The Leafly buyer’s guide to bongs

We smoked through numerous makes and models from online stores and glass shops, spanning domestics and imports, classic designs, and accomplished contemporary pieces, to find the best bongs to buy.

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Jerome Baker Designs Launches Into Crypto Space

Pretty soon you can be the proud owner of unique digital assets with corresponding legendary glass art. Jerome Baker Designs (JBD), purveyors of award-winning unique functional glass art, will create unique digital art pieces and corresponding physical assets on the Ethereum blockchain for a collaboration with FDCTech, Inc.

FDC (OTCQB: FDCT) will provide the Non-Fungible Token (NFT) platform to mint and issue NFTs. Collectors can purchase Jerome Baker Designs drops through online silent auctions, global offers and open editions. The platform is expected to be operational in the early part of the first quarter, ending on March 31, 2022. 

Founder and President of Jerome Baker Designs Jason Harris—the artist behind unique and rare luxury pieces including bongs, bubblers and pipes—will develop original physical and digital works for the project. Harris explained his pivot into crypto and the reasoning behind it. 

“The blockchain industry has already changed the world with Bitcoin alone, which I have been accepting since 2016 for bubblers and bongs,” Harris told High Times. “At JBD, we have been exploring NFTs since before the term NFTs existed. We were exploring, along with many other companies, using non-fungible token technology towards supply chain.”

Original Jerome Baker Designs pieces have been customized for global artists including Santana, Snoop Dogg, George Clooney, George Clinton, 311, Sublime/Skunk Records, Widespread Panic, Grateful Dead, Rita Marley, DMB, Phish, Slayer and DRI.

“As an artist, I couldn’t be more stoked to see this technology applied towards arts,” Baker explained. “The creative world has just been transformed and artists will be more empowered than ever to take control of their art and their lives. We are working now on initiatives with an eye towards leading the way in the NFT universe in general with one-of-kind pieces pegged to an NFT. That is where we think this leads: to the new phygital realm, where the physical and digital meet.”

“We are thrilled that Jerome Baker Designs has entered the NFT space with FDC. It is exciting to work with such a well-established iconic brand that has made modern artistic glass and pipe-making a highly desirable collectible art collection,” FDC Founder, CFO and NFT Team Leader Imran Firoz said. “Our Company and Jerome Baker Designs are committed to creating authentic digital and physical art pieces to showcase Jason Harris’ unique and rare work on the NFT platform, where collectors can seamlessly buy, sell, and store digital art and collectibles.”

Jerome Baker Designs

Jerome Baker Designs launched after founder Jason Harris apprenticed under Bob Snodgrass, “Godfather of artistic hard glass” and founder of the modern pipe-making industry. Snodgrass had been peddling colorful glass pipes at Grateful Dead shows across the country—significantly contributing to the popularity of glass in the world of cannabis.

Harris followed in the footsteps of Snodgrass, mastering the fine art of glassblowing.

An early concept behind the project.

Jerome Baker Designs was recently named one of the top ten glassblowers in the United States by the Cannabis News Update. Jerome Baker Designs won the 2018 High Times Cannabis Cup for “Best Glass” in Sonoma County and was runner-up in “Best Glass” in the Sacramento 2018 High Times Cannabis Cup. 

In September 2020, JBD and Jason Harris were featured in the High Times Annual Art issue alongside Tommy Chong and Shea McAdams of seedleSs clothing. In 2003, Harris was one of about 50 people who were busted by federal agents during the George W. Bush administration amid Operation Pipe Dreams. It demonstrated that even glass pipe sellers aren’t protected from facing criminal charges.

“We, at JBD, passionately believe in the future of a blockchain-crypto-driven digital art world and the ultimate democratization and distribution of authentic and protected digital assets. We’re excited to collaborate with FDC as they have a proven track record in building successful customized trading technology,” said Harris.

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