Fresh cuts: Leafly’s weed picks from Uncle Ike’s in Seattle

With Torus, Phat Panda, and more.

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Lucy Files with Health Canada To Manufacture Cocaine, Heroin

Forget ketamine- and MDMA-assisted therapies: A psychedelics manufacturing company is moving forward with cocaine and heroin—with an end goal to fight fentanyl overdoses and drug addiction.

British Columbia-based Lucy Scientific Discovery, a psychedelics manufacturing company focused primarily on emerging psychotropics-based medicines, announced today in a press release that it has filed an amendment to its current Dealer’s License with Health Canada. The amendment would add cocaine and heroin to its existing list of approved substances the company is authorized to manufacture.

Lucy already is authorized through Health Canada to manufacture several controlled substances, including the psychedelics psilocybin, MDMA, LSD, psilocin, N,N-DMT, mescaline, and 2C-B. Adding cocaine and heroin to the portfolio could lead to treatments to fight addiction.

“We look forward to a time when Lucy can safely supply harm reduction programs globally, aiming to reduce lethal and or negative consequences associated with adulterated drug supply, particularly considering that fentanyl overdose is the leading cause of deaths among 18 to 45-year-olds in the United States,” said Lucy CEO Chris McElvany. “It’s time to realize that the failed war on drugs has caused additional harm to the masses worldwide, and harm reduction programs will lead to less death and more treatment options in the long term.” 

It reflects a sea of change in the way controlled substances are being explored for potential benefits in the field of medicine. With more focus on a public health response to the drug crisis, the company can provide more opportunities for people who use substances to gain access to more harm reduction and treatment options. 

Lucy’s Dealer’s License under Part J of the Food and Drug Regulations of the Food and Drugs Act (Canada) was issued by Health Canada’s Office of Controlled Substances. 

The license enables Lucy to develop, sell, deliver, and manufacture via extraction or synthesis certain pharmaceutical-grade ingredients. The company also works with active pharmaceutical ingredients (APIs) that are used in controlled substances as raw material precursors.  

The company works with raw materials, crude extracts, targeted formulations, single-molecule fractions, as well as white label and private label products. 

Alternative therapies to control overdoses are needed now more than ever: The National Center for Health Statistics (NCHS) at the Centers for Disease Control and Prevention collects data on deaths involving drugs commonly associated with fatal overdoses. 

Over 106,000 people in the U.S. died from drug-involved overdoses in 2021, mostly due to prescription opioids as well as illegal drugs, the CDC says, according to the latest available data. 

Lucy Launches IPO

Lucy commenced trading on the Nasdaq Capital Market on Feb. 9 under LSDI. Lucy announced the closing of its IPO on Feb. 13 for gross proceeds of approximately $7.5 million. After going public with an IPO, Lucy’s leadership believes the company can impact the field of psychedelic medicine.

Lucy also announced today that McElvany, Richard Nanula, Executive Chairman of Lucy, and other members of the company’s board of directors and leadership team will ring the Nasdaq closing bell to celebrate its new IPO. 

“We are excited to celebrate this victory at Nasdaq’s iconic bell ringing ceremony, as today marks an important milestone for the Company,” McElvany stated. “We are pleased to celebrate many months of hard work and team effort that led to the successful completion of our IPO. Seeing Lucy, a pioneer in psychedelics manufacturing, take the next step in its development by becoming the first psychedelics manufacturing company to be listed on NASDAQ is a huge accomplishment. This milestone marks a significant step in the company’s growth and plans for expansion. We look forward to the opportunities ahead of us to continue working on improving mental health and finding sustainable solutions for treatment.”

Stay tuned to see where Lucy goes in this latest development.

Disclaimer: High Times is an affiliate of Lucy Scientific Discovery, Inc.

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Oregon Cannabis: Challenging Testing Requirements Take Effect March 1, 2023

I’ve spoken with a handful of clients recently who are anxious about Oregon’s new cannabis testing requirements. These requirements cover heavy metals and microbiological contaminants, and they take effect on March 1, 2023. The scuttlebutt is that many failed tests are inevitable if the labs do their jobs. And the labs are under scrutiny at this point: we’ve covered the recent OLCC labs inquisition, centered around inflated THC numbers.

New testing requirements for heavy metals and microbiological contaminants

Per the relevant OHA bulletin, as of March 1, 2023, all marijuana items and hemp-derived vapor items must be tested for:

• Heavy metals, if harvested or manufactured on or after March 1, 2023; and
• Microbiological containments [sic], if harvested or manufactured on or after March 1, 2023.

This is in addition to other tests and testing requirements currently in place, including those for mycotoxins effective last July. The OHA bulletin further provides:

For finished inhalable cannabinoid products and finished concentrates and extracts, all testing is to be performed on the finished item. Once the new tests are in effect, no other testing will need to be performed along the way, but licensees may choose to process marijuana that has passed pesticide testing when processing extracts in order to be eligible for remediation. Other finished cannabinoid products will only require a potency test; all other tests will be performed on the cannabinoid concentrate, extract, or marijuana used to make the product. An example of this is that starting March 1, 2023, water activity and moisture content testing will not be required on marijuana or usable marijuana if it will be made into a concentrate or extract. The finished concentrate or extract will be required to be tested for pesticides, solvents (if required), potency, mycotoxins, heavy metals and microbiological contaminants. It should be noted that if an item receives a passing test before it is required, the test result does not transfer to the new item being created.

That’s a meaty paragraph, and it’s a longer bulletin generally. I encourage interested parties to read the whole thing. OHA also publishes a handy, up-to-date testing guide, with various summaries, FAQ pages and other links. And for anyone who wants to dig into the nitty gritty of the rules themselves, those can be found beginning at OAR 333-007-0300.

Liability (and litigation?) over failed cannabis tests

The new rules could create headaches for marijuana producers and processors in particular. As well as for any hemp growers still around. Note the first sentence in that bulletin excerpt above, which concludes: “…all testing is to be performed on the finished item.” (My emphasis.)

If flower is manifested from a producer to a processor (perhaps via a wholesaler) and through to a lab, for example, you can bet their will be disagreements over where, when and how contaminants made their way into a failed product. Almost no one in the Oregon industry—which operates largely on simple purchase orders and “net terms” transactions—is parsing out liability, indemnities or other relevant testing issues via contract. I expect to see problems here.

It’s hard to keep up

I’m sympathetic to Oregon cannabis licensees who have a hard time keeping up with administrative rule and policy changes, despite OLCC and OHA publishing a steady stream of bulletins, notices, etc. There are just so many changes, all the time.

Almost every year, the legislature passes a myriad of new cannabis laws. In the last two sessions alone, we had 14 of them. Some of these bills are slim but others are omnibus, triggering changes up and down the program. These changes ensue in round after round of rulemaking.

New rules, in turn, may be buttressed by written policy statements and clarifications, in addition to the many unwritten policies and procedures of OLCC– many of which have evolved over the years. In other cases, the OLCC will make rules of its own accord, often in reaction to market activity and not at any legislative behest.

With these new testing requirements, some labs have taken the lead on getting notice to their clients; this is very helpful, as the underlying OHA bulletin is nearly a year old at this point (publication date of March 31, 2022). I don’t see anything newer on the OHA or OLCC website with respect to these imminent strictures. Instead, the most recent “testing” and labeling guidance I can find is a January 6, 2023 joint bulletin by OHA and OLCC in the context of pre-rolls. And that is not this.

No excuses

All of that said, the new rules are what they are. People are going to have to figure out how to keep these heavy metals and contaminants out of regulated Oregon cannabis, and how to resolve issues of failed cannabis tests. The primary issue will be reanalysis and disposal protocols. Key corollaries are economic fallout and liability, with respect to unsalvageable product.

Anyone who has been around this program long enough understands that fallout around cannabis testing is a very old story in Oregon. Today, much of the cannabis destined for this new testing paradigm is already in flower. Let’s see how it continues, starting next month.

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Weed Sales on Super Bowl Sunday Decrease in 2023

An estimated 113 million viewers watched Super Bowl LVII to see if the Philadelphia Eagles or Kansas City Chiefs would win this year (the second-most watched since Super Bowl XLIX in 2015). Among those viewers were countless cannabis consumers, but cannabis sales took a slight dip in comparison to last year.

A cannabis checkout purchase averages at around $84.61, but sales from this past weekend saw a 4% drop in sales.

According to data collected by Chicago-based Fyllo, pre-rolls were the most popular products purchased this weekend at 37% of sales. In a statement to Forbes, Fyllo founder Chad Bronstein explained that the reason pre-rolls sold so well is because they are “the cheapest product in dispensaries.”

“We see this sensitivity to pricing most significant among persons aged 25 to 75, where consumer spending this year around the Super Bowl decreased significantly,” Bronstein added. Among age demographics, Fyllo also found that Gen Z consumers purchased rose considerably on Feb. 12, especially with buyers between 21 to 24 (a 10% increase from that age group).

The second most popular product category was described as “dispensary gear” by Fyllo, which saw a 20% increase this year. This was followed by “plants” at a 200% increase, and beverages at a 39% increase. Both topicals and edibles dropped in sales, with a respective 36% and 25% decrease. Bronstein believes that this is “potentially a response to pricing, driven by higher manufacturing costs, especially for those looking to optimize the cost of their high.”

Fyllo also found that while west coast sales dipped, eastern and southern states’ cannabis sales increased. Sales in Florida increased significantly by 27%, while Maine sales increased by 17%, and Arkansas increased by 7%.

While cannabis sales dropped slightly in previous years, it didn’t hamper the cannabis-related festivities of offered in Arizona where the Super Bowl took place this year. 

Trulieve Cannabis Corp.’s recent move into Arizona led with the launch of Ricky Williams’s Highsman brand. “Our expansion into Arizona is made possible through our retail partnership with Trulieve, and Abundant Organics, whose organic living soil cultivation techniques produce some of the cleanest and most flavorful flower I’ve tried,” Williams announced last month. “Both partners clearly see the Highsman vision and share the same enthusiasm for physical and mental healing as I do. Highsman is for anyone seeking greatness, mental and spiritual well-being.”

Trulieve’s CEO, Kim Rivers, was proud to partner with the former NFL player. “Trulieve is excited to launch this limited-time exclusive partnership with legendary NFL player Ricky Williams in Arizona, just weeks before the Super Bowl will be hosted in the state,” said Rivers. “Ricky was well-known for his belief in the power of cannabis during his playing days, and the Highsman brand reflects his values and passion for cannabis. We are proud to launch Highsman products in the Arizona market.”

HARA Brands partnered with Rolling Stone Live this weekend to celebrate the Super Bowl as well. The brand’s CEO and co-founder, Bryan Gerber, expressed his excitement for what this means for the industry. “We are extremely proud to represent the cannabis community at such a high-profile event during one of the biggest weekends in sports and entertainment,” said Gerber. “It’s a testament to how far this industry has come, and we couldn’t be more excited to be part of this exclusive experience alongside some of the most successful brands and talented individuals.”

WNBA star athlete Brittney Griner attended this year’s Superbowl with her wife Cherelle Griner. Following a 10-month battle for her freedom after being imprisoned in Russia for possessing a small amount of cannabis, Brittney was recently named Arizonan of the Year by Arizona Republic.

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Leafly Buzz: 14 top cannabis strains of February

Including Zeluga, Z Cap, and Rainbow Cheddar.

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Twitter now allows ads for cannabis and THC products

While most platforms push back against cannabis content, the bird is now welcoming weed ads, and even offering financial incentives to new ad buyers.

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AB-347: California Cannabis Cafes

If you’ve been to the red light district in Amsterdam, you may have seen the infamous coffee shops up and down the block. In the U.S., no state has anything remotely close to a cannabis bar or coffee shop where you go to not only purchase your cannabis on site but use it within the confines of the shop/cafe along with other food, drinks, and even events. At most, the U.S. has consumption lounges where you B.Y.O.G. in a pretty boring and restrictive setting.

Consumption lounges sound great but, in reality, they can be inconvenient for consumers who would rather buy their cannabis on the spot after firsthand evaluation, and for those who would like to use their cannabis while also being able to consume food and beverages at the same time. Recently, California decided it may flirt with real-deal California cannabis cafes, which would be a first in the U.S. cannabis union.

AB-347 and California cannabis cafes

On February 1st, San Francisco Assembly Member Matt Haney introduced AB-374. The bill would allow cities and counties to pass local laws that allow:

“a retailer or microbusiness to conduct business activities on the premises other than the smoking, vaporizing, and ingesting of cannabis or cannabis products, including, but not limited to, selling non-cannabis-infused food, selling nonalcoholic beverages, and allowing, and selling tickets for, live musical or other performances.”

The proposed law builds off of California’s existing statutes that allow consumption lounges.

California cannabis cafes in action

The language in the bill states:

. . . a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness . . .  if all of the following are met:

(A) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older.

(B) Cannabis consumption is not visible from any public place or nonage-restricted area.

(C) Sale or consumption of alcohol or tobacco is not allowed on the premises.

. . .  a local jurisdiction may allow the retailer or microbusiness to conduct business activities on the premises other than the smoking, vaporizing, and ingesting of cannabis or cannabis products, including, but not limited to, any of the following:

(A) Selling non-cannabis-infused food.

(B) Selling non-alcoholic beverages.

(C) Allowing, and selling tickets for, live musical or other performances.

That “but not limited to” is incredibly interesting in that these California cannabis cafes could end up offering more than just events, food, and non-boozy drinks. What about a VR cannabis cafe? Or a cannabis cat cafe (Japanese style)?

So long as California’s Department of Cannabis Control wouldn’t put the damper on it with future regulation (and assuming existing food and beverage and health and safety laws don’t conflict), the ideas are somewhat limitless. Assembly Member Haney even hinted at cannabis drag brunches.

Locals will decide on California cannabis cafes

California consumption lounges have failed to launch mainly because of local control: cities and counties (with limited exception) don’t permit consumption lounges within their borders. Local control was and is a key component of legalization in California, and the overwhelming majority of California cities and counties still prohibit all forms or most forms of commercial cannabis activity.

While the idea of enhancing the consumer experience through cannabis cafes is a nice one, if the locals don’t buy in, these cafes will crash and burn like consumption lounges. Further, only retailers and microbusinesses with retail components can envisage consumption lounges, which also require a large capital outlay that may not be financially viable (and likely isn’t in harmony with IRC 280E).

That said, with the ability to sell food and drinks and host events, these cafes could drive some serious consumer traffic if done correctly. And that just might make it worthwhile for cannabis licensees.

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