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WHY T

here are people who have been advocating for this industry for so long that its rise to prominence is a richly deserved reward for their hard work. It comes as no surprise that with increased acceptance there would be a rush of newcomers looking to learn about cannabis. These newcomers are patients, enthusiasts and entrepreneurs drawn to the power of what we affectionately refer to as ‘The Plant’

CannAmerica Magazine is designed to bridge the gap between cannabis’ rich history, those currently helping to spread the word through advocacy or business, and newcomers looking for a way to join the revolution. CannAmerica Magazine’s core mission is to be action oriented, providing competent quality understanding, through clarity with clear objectives in mind with freedom from ambiguity, maintaining a free-thinking perspective, providing quality information and content that is objective, professional, and involved.

THE TEAM Publisher Austin Hopper is well known in the e-cigarette community as “The Face Of Vape.” He was instrumental in building the brands that defined the rapid growth of that industry, including Space Jam, Cuttwood, and more. In addition to being an advocate for the vape industry, Austin is also the owner of The Vaping Advocate, The American Vapor Convention, and BAM Holding Company. Editor-In-Chief Gabriel Benson transitioned to publishing from the film industry about fifteen years ago. In that time, he has developed and launched numerous successful magazines including one of the first vape magazines. Along with Austin, Gabriel is the owner of The Vaping Advocate, BAM Holding Company, and The American Vapor Convention.

EDITORIAL STAFF Clayton Jones brings his entrepreneurial spirit to the CannAmerica staff where he is often developing strategies to expand our distribution and offering unique opportunities for our advertising family. Andrew Hamilton brings his background in engineering to the magazine, where his analytical mind brings a unique perspective to our technical and advocacy columns. CannAmerica is always looking for the industries best voices. If you would like to contribute, please email us at gabe@ cannamericamag.com.

(Left To Right: Gabriel Benson, Clayton Jones, Austin Hopper)

877-359-5940

TABLE OF

CONTENTS MISSION STATEMENT Marijuana is winning the culture war! Cannamerica’s mission is to reach out not only the experienced user, but also to be a source of information for new users looking for education on this life changing product.

WHY CANNAMERICA?

IS CANNABIS FLYING TOO HIGH?

THE DRIVE BEHIND H.R. 975

WARNING:

BREWBUDZ

ANTHONY PAPA

WHAT CAN THE CANNABIS INDUSTRY LEARN FROM CALIFORNIA WINE?

SEX AND THE STONER

Does The White House Really Intend On Shutting Down Cannabis?

Three Easy Mistakes That Can Kill Your Cannabis Business License

How Serving 15 To Life Created One Of Our Industries Great Advocates

2017 PUBLICATION DATES: January • March • April - 4/20 Special Edition • May • July • September • November December - Christmas Special Edition

IS CANNABIS FLYING TOO HIGH?

DOES THE WHITE HOUSE REALLY INTEND ON SHUTTING DOWN CANNABIS? By The Editors

n the last week as the CannAmerica editorial team were sending this to print, an innocent question posed by a reporter from Arkansas took the cannabis industry by storm.

The question was simple; where did the administration stand on cannabis? White House communications director Sean Spicer, a rather blunt individual, gave a rambling and uninformed answer that compared Opiod use to marijuana but finished with the ominous statement that the White House expects “greater enforcement” of federal laws prohibiting marijuana. “The president understands the pain and suffering that many people go through who are facing, especially terminal diseases, and the comfort that some of these drugs, including medical marijuana, can bring to them,” Spicer stated during his daily brief. Several days later, there was a statement from Attorney General Jeff Session regarding Cannabis.

“I am definitely not a fan of expanded use of marijuana,” Sessions said. “But states, they can pass the laws they choose. I would just say, it does remain a violation of federal law to distribute marijuana throughout any place in the United States, whether a state legalizes it or not.” Sessions also made a dubious statement that increased cannabis legalization has led to an uptick in violence. What followed was a series of shots fired across the bow from both sides. First in the cross-hairs was the Cannabis Cup, Presented By High Times Magazine. As first reported in The Reno Gazette-Journal, U.S. Attorney Daniel Bogden sent a letter to the Moapa Paiute chairman reminding the tribe that the “transport, possession, use and 6

illegal trafficking activity is being displaced by a closely regulated marijuana industry that pays hundreds of millions of dollars in taxes. This frees up significant law enforcement resources to protect our communities in other, more pressing ways.” “I urge you and your administration to work in partnership with California and the other eight states that have legalized recreational marijuana for adult use in a way that will let us enforce our state laws that protects the public and our children while targeting the bad actors,” California Lt Governor Gavin Newsom was quoted as saying. “We have a shared goal of reducing crime, and the best way we can achieve that is through a tightly regulated market.”

distribution of controlled substances, including marijuana” is prohibited by federal law. Bogden’s letter continued: “I am informed that the tribal council is moving forward with the planned marijuana event referred to as the 2017 High Times Cannabis Cup because it is under the impression that the so-called ‘Cole Memorandum’ and subsequent memoranda from the Department of Justice permit marijuana use, possession and distribution on tribal lands when the state law also permits it. Unfortunately, this is an incorrect interpretation of the Department’s position on this issue.” “Moreover, both the Guidance Memorandum and the Cole Memorandum to which it refers explicitly state that even where none of the listed factors are present, federal investigation and prosecution may still be appropriate. Nothing in either the Policy Statement or the Cole Memorandum alters the authority or jurisdiction of the United States to enforce federal law in Indian Country.” The High Times Cannabis Cup team immediately contacted all the appropriate entities and released the following statement: “We’ve been informed that our upcoming Cannabis Cup event in Nevada on March 4-5 can proceed as planned, but vendors, guests, performers and attendees are advised to comply with applicable law concerning the distribution of cannabis in any amount at the event. In order for the cannabis industry to continue to earn legitimacy and social acceptance, we understand that rules and laws need to be abided.” (Source: CannabisCup.com) The editorial team at CannAmerica applaud the crew at Cannabis Cup and High Times Magazine for managing a difficult situation. At the same time, the war of words escalated from the West Coast. “We will resist any efforts to thwart the will of the voters in Washington,” Bob Ferguson, Washington State’s Attorney General, told the Seattle Times. “Our state’s efforts to regulate the sale of marijuana are succeeding,” Ferguson and Washington State’s Governor Jay Inslee declared in a joint statement. “A few years ago, the illegal trafficking of marijuana lined the pockets of criminals everywhere. Now, in our state, 7

“Any action by the Trump administration would be an insult to Nevada voters and would pick the pockets of Nevada’s students,” Nevada State Senate Majority Leader Aaron Ford said in a public statement. On the second day of March, 11 Senators from the states of Alaska, Colorado, Hawaii, Massachusetts, Nevada, New Jersey, Oregon and Washington sent a letter to the Department Of Justice and Jeff Sessions demanding that his department respect the Cole Memorandum because “The truth is that the nation needs cannabis now more than ever.” And the truth is - the 11 Senators are 100% correct. And I am not even talking about hundreds of thousands of innocent people inflicted with cancer, epilepsy, seizures, PTSD and dozens of other illnesses that are counting on continued access to cannabis for their health. I’m not even talking about the need to toke up every once in awhile to just get through these ridiculous and false statements about legalization.

What Is Behind The White House’s Statement? So, if cannabis tax revenue is so desperately needed why would the administration be coming down on Cannabis now? Ironically, during the same press conference in regards to another social issue, Spicer stated the administration’s strong belief that individual state’s rights. State’s rights are a traditional pillar of Republican thinking, and if used accordingly that should also translate to cannabis. If the administration does make the mistake of going after marijuana users, it will not have the support of the country behind it. A recent poll released from Quinnipiac College showed that 59% believe that marijuana should be federally legalized. Additionally, 93% of respondents believe that cannabis should be legalized for medical purposes. And perhaps most importantly for the administration 71% of voters believe that the government should stay out of states that have already voted on the issue. The only negative in the polling data as far as cannabis is concerned, and it may explain Spicer’s stock answer, is that it shows Republicans oppose legalization by 61%. So, while it may be too optimistic an answer at this point it is extremely possible that Spicer was just answering with the so-called party line.

No, the reason that our country needs cannabis right now is, of course, money. And our government needs cash now more than ever before. Wall Street 24/7 recently did a study on the best and worst run states in the Union, and you know what states were part of the bottom five - California, Nevada, and New Mexico. Each state is relying on the continued revenue from cannabis to keep them afloat. And the timing for marijuana legislation couldn’t be better. Lottery revenue and revenue from Indian Casinos have already been maxed out and spent in most states. However, another reason many states are so cash poor is that The Tobacco Master Settlement that is paying out $256 million dollars over 25 years is closing in on expiration. All that money was supposed to go to infrastructure and anti-smoking initiatives but were in fact spent on pork barrel spending and entitlement programs that are soon going to be underfunded. So, yes. Marijuana is needed now more than ever. Yes, it is the miracle crop. Just not for the reasons that most people reading this magazine believe. It is the surprise revenue generator that cash starved states so desperately need.

What does the future hold? Is it time to panic? While there is no denying that Jeff Sessions is a strong opponent of marijuana legalization and could conceivably start a War On Drugs unlike anything we have ever experienced, it is also undeniable that we are fast approaching a tipping point in public perception that will be hard for the government to push back. As we have seen in other social issues, once the population has crossed 50% approval, it is extremely unlikely for the movement to be stopped. As the polls above show, and the fact that we have 28 states with almost 200 million people where marijuana is legal on some level. With that in mind, the Politico reported on March 2nd that Sessions has stated that he had no current plans for a major policy shift against marijuana. In the same report, Senator Rand Paul (R) was quoted as saying: “He told me he would have some respect for states’ right on these things. And so I’ll be very unhappy if the federal government decides to go into Colorado and Washington and all of these places. And that’s not the my interpretation of my conversation with him was. That this wasn’t his intention” What does the future hold. It is impossible to say. But for right now, the best thing to do is keep marching forward. 8

THE DRIVE BEHIND H.R. 975

By Andrew Hamilton

magine for a second, a world where people got along. A world where Democrats and Republicans saw eye to eye, and agreed on certain issues. I know this sounds like storybook material, but evidently, all it takes is the issue of Cannabis to unite us in a common good. But who could have ever predicted that? In this case, the latest bill to be introduced from Congressman Dana Rohrabachor (R-CA) (co-founder of the Cannabis Caucus), has gotten people talking. H.R. 975, or the “Respect State Marijuana Laws Act”, was introduced by Congressman Rohrabachor, and co-sponsored by a coalition of six Democrats and seven Republicans. Yes, you read that correctly… Almost an even split in support of an issue that is simmering on the backburner of American society. With a new president comes many questions about the future of Cannabis legalization, and how that will play out on the federal and state level, so it is only natural that this be given another shot at this time.

While efforts to introduce similar bills have happened before, it just may be this time that the fed’s remember that this country was founded on a split of state and federal power, and it’s not just a one lane road. In the last issue, we had an article on the gradual acceptance of Cannabis in the American culture, and that seems to be aiding the process for any new legislation introduced today. So let’s get to the heart of the issue. What does this bill say? While it’s easy to get lost in the details and minutia, the bottom line is that Congressman Rohrabachor is demanding that we amend the Federal Controlled Substance Act, and place the state jurisdiction above the federal law, when it comes to Cannabis, and it’s use medically or recreationally. This may seem like a no-brainer… This country was founded on the idea that states could dictate laws for themselves, especially when it comes to outdated and pointless laws regarding something as simple as Cannabis consumption. This bill aims to establish a solid ground that state-legal businesses 10

can rely upon, and gives some relief to all those businesses that operate in fear of being shut down and prosecuted by the federal government. This bill would firmly establish state law as the highest level of authority when it comes to Cannabis, and would stop the federal government from interfering, or over-stepping its bounds. To put this into perspective, a report from 2013, from an advocacy group called Americans for Safe Access, released estimates of what the cost of federal interference with Cannabis was for that year – The Obama Administration spent nearly 80 million dollars a year targeting Cannabis businesses, and shutting them down. Those are our tax dollars, hard at work shutting down something that is not a danger or threat to society, and yet the same law-makers are sticking to their guns when it comes to Cannabis Legislature. The time is quickly approaching where the American people will be fed up, and rise up against pointless laws that cost us greatly while supplying us with no benefit, and a decrease in honest business opportunities. So what’s next? Now that H.R. 975 has been introduced, it must pass through the House, then the Senate, and ultimately arrive on the President’s desk before it becomes a law. So now we wait… We wait to hear if there will be a hearing, or if the bill passes the house and makes its way on up the chain. We wait to see if cooler heads will prevail in this uncertain time. We wait to hear if we’ll get a resounding victory for the Cannabis industry. 11

As of right now, it’s good practice to remember how far we’ve come with state legislation that has given us many freedoms that we didn’t previously have, with the majority of the states having access to medical or recreational use of Cannabis, and more will come shortly. Most of the country has changed its perception of the plant, and Cannabis is no longer thought to be “taboo”. Our movement has come a long way in the last several years, and I don’t feel that it’s out of line to think that with our current momentum, we will see the state laws being protected very soon. Will H.R 975 be the golden parchment that brings this change about? It’s anyone’s guess at this point, but as usual, I like to stay on the positive side of things, so my gut is telling me that the pieces are in place, and the momentum is building.

HOW TO KILL YOUR CANNABIS BUSINESS LICENSE APPLICATION IN THREE EASY STEPS!

By Bethany Niebauer

y job is preparing license applications for clients in emerging cannabis markets. I have prepared narratives and materials for applications in Maryland, Hawaii, Puerto Rico, California, Arizona, and Pennsylvania. Typically speaking, when a state decides to legalize medical marijuana they publish an application that will call for a few dozen narratives of varying length, as well as a business plan, diagrams and layouts, Standard Operating Procedures, and a lot of financial data. I work on behalf of my company, or on behalf of a third party to create a license application. This process can take weeks or months, and frequently requires me to give up evenings

and weekends. License applications are enormous projects. Here’s what I’ve learned about writing winning applications and what you can do to prepare your own application.

BAD WRITING The writing style needs to be cohesive, eloquent, and fast-paced. The single hardest part of my job is presenting the information. This information is dry, it’s not sexy. I do not have the luxury of writing a beach read. But if my reader is bored then the client won’t win 14

a license. I have to find a way to marry dull information with a style that keeps the reader engaged. It’s not easy. Whenever I can, I tell things in the format of a story. Trial lawyers prepare what’s called a “theory of the case.” It’s a single, unifying statement about why your client deserves to win the suit. Good trial lawyers will boil an entire case into a single sentence that summarizes the entire case. When I write a competitive application, I do the very same thing; I work with the client to come up with one comprehensive statement about why MY client deserves to win a license, then I incorporate that statement into every narrative. It helps tie the whole application together, and it helps the reader remember this applicant. This process is hard and can take days, and when I’m crunched for time, I’m tempted to skip this step, but I’m always glad that I didn’t. Creating one unifying statement about why your team should win forces my clients to explore why they’re interested in getting into this industry. If they want to stand out on an application, they need to deliver something more unique than “top quality products with excellent customer service.” No client has ever come to me and said “I want to sell products that make the customer turn up his nose with a theory of customer service that’s inspired by Wal-Mart.” That’s too easy and it’s not competitive. Good ways to personalize your business include serving a specific segment of the community. I have worked with clients that wanted to cater to the needs of the elderly, or home-bound. My very favorite client ever wanted to serve the needs of disabled veterans. Another client wanted to offer yoga classes and tai-chi classes on site. Something I haven’t seen yet but would love to see is a dispensary that partners with a local community garden. Charitable contributions are another good way to set your business 15

apart. There are so many ways to create a “niche” for your business, but it is difficult and it does take a lot of time. I also want to know who is going to read the application. It’s usually impossible to know the exact individuals, but I try to find out what I can. I’ll research the community. I will write a different application for a business that’s in a large, urban center than I will for a small municipality that has few local businesses. Generally, it’s a good idea to assume that the government officials who read these applications already like their communities; they don’t want to see a lot of change. They are always very concerned about how a dispensary, or a cultivation facility will “fit into” the community that already exists. An application needs to show a lot of respect for the businesses that are already there as well as the people who will be patients, or customers, or employees. I usually research the community to find out demographics. I want to know about the predominant culture, and religion as well as the average education level and income. Sometimes I’ll stream local TV or radio to find out what appeals to people in these communities.

UNIMPRESSIVE TEAM Like a lot of businesses, you need to plan on having a team of people to help with the day-to-day management. The team needs to encompass a breadth of knowledge and experience. Doctors, lawyers, pharmacists, accountants, security professionals are all good people to have on an application. A majority of people should be from the applying state, or locality. The goal here is to impress the reader. It’s okay if the team members don’t know much about the cannabis industry, but they need to have other relevant experience, or their resume needs to be so impressive that it makes the reader say “Wow! What can’t this person handle?!”

The part of the application that asks for past business experience, or relevant knowledge is usually my favorite part. I get to write about individuals and their personal triumphs and challenges, and it’s very easy to turn this part into a narrative with a beginning, a middle and an end. If a client has a great team with people who have done amazing things in their career, then this step gets really easy for me. Diversity is becoming more and more important in applications. The Maryland application requested that applicants provide information about the diversity status of their principals. I’m currently writing a Pennsylvania application that goes so far as to request a diversity plan. Pennsylvania wants to see not just how diverse marijuana businesses are, but what they will do to foster diversity once their open.

ONE LAST THING I have worked with clients who didn’t fully understand how complex this process can be. First, they thought that they could do the application on their own. Then the application came out and they realized they were in WAY over their heads. Then they thought they could hire a consultant who would just “handle” it. That’s not really the case because at the moment, you’re a client, but you’re preparing to be a small business owner, so I always look at clients as partners in the process who should be willing to work long hours in order to get the job done. My advice is to plan ahead – if you don’t know anything about this industry, then you’re probably going to need help. Come up with a plan before the application is released!

NON-COMPLIANCE

Bethany Niebauer is the

Before the application is released, the state or municipality will publish regulations. The application needs to rigorously comply with all of the state and local regulations. This requires a careful study of the regulations, which most people hate doing. Regulations are never fun to read but I will read them many, many times over the course of writing an application.

Vice President of Regulatory Compliance and Licensing at Strainwise Consulting. Bethany is a passionate advocate for legal cannabis and enjoys the challenge created by the state-specific model. She lives in Denver, Colorado where she enjoys reading, knitting, and snowboarding.

There are also federal regulations that play a part in any application. The business must comply with HIPAA as well as all OSHA standards. Federal labor laws must be adhered to. The Americans with Disabilities Act is a relevant piece of legislation, as well. 16

here used to be a jingle that went along with a coffee ad years ago that stated that this particular coffee was â&#x20AC;&#x153;the best part of waking up.â&#x20AC;? My guess is that once the coffee and cannabis community find out about Brewbudz, there will be a new morning coffee favorite. Kevin Love, and the team at Brewbudz, are merging coffee and cannabis into a product that is discreet, environmentally conscious, and best of all, its 100% natural. Their brew pods are available in the Las Vegas market, and will soon be launching in Colorado and California, followed by Washington State, Oregon and Arizona.

“One of our favorite sayings is “Do The Right Thing”, Kevin Love, Brewbudz Director Of Strategic Accounts, recently told CannAmerica. “The primary reason it took us over a year to develop Brewbudz was due largely in part that we wanted to deliver a product that was both good for the consumer and good for the Earth.” “We started speaking with various individuals in the cannabis market about six months ago. Our goal was to get as much feedback from dispensary owners and consumers regarding what they are looking for in this type of product. Developing close relationships with the members of the markets that we are operating in is an important first step to our overall customer service plan. In addition, we can determine where product offering gaps exist and can work to develop and offer these missing products to the market. Initially we were a single serve brew pod company, but quickly decided to utilize our extraction technologies to develop additional products that will follow our theme of “Good For You. Good For The Earth”. Our next product that we are all very excited about will be called Brewblendz, which is cannabis infused ground coffee and tea leaves. Being that all of our products are strain specific, we will use different strains to support a range of medical conditions in our portfolio of products.”

BUT WHAT ABOUT THE BUDZ IN THE BREW? “We use a special extraction process that allows us to offer the full benefit of all the natural plant compounds (cannabinoids and terpenes) present in the flower. We use an extraction process that allows us to extract THC, CBD and other compounds that, when combined with coffee and tea, offers a quality experience that is not “oil” based,” Kevin continued. “Edibles are traditionally infused

with oil concentrates that are chemically extracted principally using c02 or butane. The raw plant material used in these extraction processes is not always of the highest quality and in some cases can fail microbial testing but still be used for oil extraction. The result is that the oil yielded from these extraction processes is not 100% natural, often containing residual compounds”. “In addition, using whole plant material ensures that the full spectrum of natural plant compounds is transferred into the final product whereas other extraction methods that result in oil concentrate do not effectively transfer the full plant spectrum to the final product. Also, oil does not emulsify in water so we looked to create a beverage that would meet the consumer’s expectations... having an oil based beverage would lead to a poor consumer experience”. Knowing quite a few coffee drinkers, the quality of the coffee is just as important as the quality of their bud. And the Brewbudz team have you covered there as well. “We are actually working with both large scale coffee distributors and local coffee roasters in each state that we are selling in and they ethically source coffee globally to develop the most desirable Arabica blends,” continued Kevin. “We will also be offering single origin coffee from Indonesia, Africa and Central America. A specific type of coffee bean that we will source for our single origin coffee is Ethiopian Yirgacheffe. The reason this is significant is due to our partnership with Water is Life in which we are focused specifically in Ethiopia to help bring potable drinking water to villages in need.” Remember the Brewbudz mission statement to “Do The Right Thing”? Well, when the team learned that coffee drinkers throw 18

away almost 15 Billion single use coffee pods every year they knew they couldn’t contribute to that problem. “Our goal was to develop something that would deliver consistent quality, but would also live up to our company mission,” Kevin continued. “We developed a single serve brew pod that is 100% compostable, including the ink printed on the lid.” “Now there is no guilt in your pleasure,” Kevin laughed as we studied the pods. With the launch of the pods, Brewbudz is now looking to expand beyond their original coffee pods into tea and pour over coffee which will be called Brewblendz. These new products come with the same high quality ingredients, but are designed for those who don’t own a Keurig type device.

“When I was approached to help start Brewbudz, the idea behind combing coffee and cannabis was so compelling that I knew I had to be a part of it,” Kevin continued. “I am from the East Coast where I was working in finance, so to tell my family that I was going to work in the marijuana industry was definitely a shock to them. So I knew we had to deliver a product that would help change the perception of the industry. My hope is that our representatives in Washington see that cannabis consumption can easily be normalized! Our products are lifestyle integrated which add a level of growth and development to our consumption methods which display a new level of responsibility in the cannabis market. We can never forget that we are fighting for what is right.” “The thing that can’t get lost is the patient,” Kevin said as he showed me the new products that Brewbudz has planned for the 2017. “Life is circular. We know that if we do right by the patient and the planet, success will follow.” 19

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HOW SERVING 15 TO LIFE CREATED ONE OF OUR INDUSTRIES GREAT ADVOCATES

ife can be harsh and often cruel, but at the same time there are times when a guiding hand seems to open doors that you would have never thought to open. For Tony Papa, an ill-fated decision to deliver an envelope with just $500 dollars worth of cocaine in1985 was the worst decision of his life, however it also changed his life in ways he never expected.

From the passage of the Harrison Narcotics Tax Act of 1914 until today, the United States has been fighting the “War On Drugs” for over 100 years. The “War On Drugs” was popularized by the media after Richard Nixon famously in 1971 said that “drugs were public enemy number one.” A little over a decade later, Nancy Reagan famously began her “Just Say No To Drugs” campaign. During this time of zero tolerance and ignorance, Tony Papa found himself in a situation that would change his life forever. Tony Papa was in late twenties and living in New York. He was an admitted recreational user, owned a small business, and was married with a young daughter. The marriage and life weren’t exactly going as he had planned. One day desperate for money, a group of friends offered him $500 to deliver an envelop filled with just over four ounces of cocaine. Tony had turned down the offer before, but this time he couldn’t resist the money. Little did Tony know that when he walked into the meeting that he had unwittingly entered a sting operation. Within seconds twenty officers had surrounded him and placed him under arrest. Things happened fast after that with Tony being charged with Sales And Possession of an illegal substance. Unfortunately for Tony, in 1973 New York State passed the Rockefeller Drug Laws which mandated a minimum sentences of 15 years to life imprisonment for possession of more than 4 oz (112 g) of an illegal hard drug. This was true for first time offenders with no exclusions or extenuating circumstance allowed to be considered. Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. These sentences are mandated by the legislature and Judges are bound by law to enact these sentences without leeway. While many mandatory sentencing guidelines are reserved for violent criminals, they are also common in what are considered “vice crimes” such as alcohol, sex and of course drugs. While the argument has always been that mandatory sentencing works not only as a deterrent, but also as a way to defend against judicial bias. However, and avalanche of evidence and support from numerous legal groups have shown that by not allowing consideration for outside forces and non-violent offenders, the results have pushed our prison system to the breaking point.

Into this mess, lost and without hope Tony Papa entered notorious Sing Sing prison ready to serve a 15 year sentence for caring an envelope full of drugs. Tony’s life was over. That is until he found something he never thought possible. One day while walking to his cell, Tony happened upon a cell filled with amazing paintings. Tony was immediately mesmerized by their beauty, a stark contrast to the grey walls that surrounded him. Since staring into a another person’s cell is against the unwritten rules of prison life, the inmate was immediately defensive. However, one look at the sincerity on Tony’s face caused the painter to back down and in an act of kindness the man gave Tony some water color and paper. Tony went on to paint inspired by energy and drive. And the finished product according to Tony was “the worst painting you have ever seen in your life.” 22

Tony was devastated. But desperate times call for desperate actions and Tony sent the following response Dear Miss Sussman, In response to your inquiry about the crime I committed, I am respectfully submitting to you that I am indeed serving time for murder. In fact, I am currently serving two 15-to-life sentences for a double murder. I hope this satisfies your inquiry as to the status of my crime. Sincerely, Anthony Papa

Tony’s lie was so desperate, he even included an additional murder to make sure he passed the museum’s bar for acceptance. A long week later, Tony received news that his self-portrait entitled “15 to Life” would be included in the exhibit. Lying in his cell was torture for Tony. Not being able to see his piece or knowing how it was being received made the long days in prison even longer. Finally, Tony saw a review of the piece in The New York Times by Roberta Smith and published on November 5th, 1993. The review called Tony’s self-portrait a “an ode to art as a mystical, transgressive act that is both frightening and liberating, and thereby to intense and uncontrollable emotions of all kinds.”

However, that did not stop him from painting. Tony spent the years painting and slowly discovered a passion inside of him for art that while not making the time go by easier, renewed his hope for the future. Time passed and Tony absorbed as much as he could about painting from both the inmate and the limited resources the prison provided. Within just a few years, Tony was teaching Sing Sing’s art program.

This review and others opened the floodgates. Interview requests came pouring in, and soon Tony had to reveal the lie that had opened the door to his great opportunity. There was shock and confusion as to why a man would lie about being a double murderer. But as the story got out, just as Tony had hoped, his story about serving fifteen years for what was such a minor crime started to change the conversation regarding mandatory sentencing. One of the people who heard Tony’s tale was then Governor George Pataki. Pataki freed Tony using Executive Clemency in 1997 after serving twelve of his fifteen year sentence.

While Tony had found art, he hadn’t found his freedom. A glimmer of hope arrived in ironically enough in an envelope from the Whitney Museum in 1993. The museum was looking for a piece by convict for one of their exhibits. Tony was ecstatic and submitted his artwork. Tony thought he finally saw a way to freedom. However, that door was nearly slammed when the museum clarified a caveat to the pieces inclusion. The artist had be a murderer. 23

Now in his early 40s, Tony was a free man. He had gone into prison without purpose and upon his release he had earned an associate’s degree in Paralegal Studies (1989), a Bachelor Of Arts in Behavioral Science (1993) and Masters in Theology (1995). There was a burst of interest in Tony after his release. Almost immediately there was an impromptu art show of his work, and

numerous appearances on talk shows. Some of his work is even included in the opening credits of the HBO series OZ.

In fact, the prison experience drove a wedge between Tony and his daughter. Unfortunately, to this day they still don’t have a relationship.

However, success as an artist eluded him. His identity as a prison artist had made him famous, but his desire to move on from being identified as convict had left him unable to paint any more.

But Tony is staying strong. Fighting his way through life on the outside, even years after finally finding freedom. Tony now works for the Drug Policy Alliance, as their Manager Of Media And Artist Relations. Tony is still constantly on television talking about prison reform.

Luckily for Tony, he was able to find a job as a paralegal at a prestigious law firm in New York City. However, he was still unable to paint. Fortunately, this opened up a new area of passion for Tony. Advocacy. He wanted to help others like him. More speaking engagements followed, but now Tony was on a mission to right the wrongs that had been done not just to himself but thousands of others. And with this mind clear, Tony began painting again. He returned to the Whitney and had numerous other art shows that followed. He wrote a best-selling novel about his time in prison called 15 To Life: How I Painted My Way To Freedom , and a follow-up entitled This Side Of Freedom: Life After Clemency” which details the difficulty of a returning to society. “Carrying the stigma of being an ex-offender is often debilitating, from being denied employment and housing, to not knowing how to establish healthy relationships, life becomes exceedingly difficult. In addition, maintaining that freedom is no easy task while wrestling with the haunting memories of past imprisonment,” Tony recently said.

As this story goes to print, Anthony Papa was pardoned for his crime by Governor Andrew Cuomo. This remarkable act makes Tony the first person in history to receive both clemency and a pardon. While I don’t think a prison sentence was ever in Tony Papa’s game plan, prison did change the person that Tony has become. He has shown resilience in the face of incarceration, the hope he brings to others who are facing harsh punishments as non-violent drug offenders, and has been a sterling example for politicians who are just now coming to realize that our system is broken. Next time you see him on television. Remember how far and how much he has sacrificed.

TONY PAPA 24

WHAT CAN THE CANNABIS INDUSTRY LEARN FROM CALIFORNIA WINE? By Bethany Niebauer

obert Mondavi pioneered American winemaking. He was born in 1913 to Italian immigrants. He earned a degree in Economics from Stanford University. In 1943, his family acquired the Charles Krug Winery in California, but he often disagreed with his father and brother on the best way to run the business. In 1965, Robert got into an argument with his younger brother Peter that quickly turned into a fistfight. Robert was ousted from the family business and so set out on his own. 27

His genius was unusual. He was a talented vintner; able to grow and produce high quality wines which hadnâ&#x20AC;&#x2122;t been done before in that region, as well as a talented marketer, (in an era before marketing was really understood). His passion was proving to the world that the Napa valley in California could produce wines that were of equal, or greater quality than their cousins in France, Italy, and Spain. And he was right! The Napa valley is now known as one of the greatest wine regions in the world. In addition to being a

gifted operator, he understood marketing. Mondavi didn’t like “budget wines.” In a time when Americans didn’t know much about wine, he convinced them that a good bottle was worth a great deal of money, and that if you chose to spend that money, society would view you as elegant and sophisticated. He made wine accessible to the American public, without making it affordable. To some extent this was very selfish, he made wine for the elite rather than opening it up anyone who might benefit from the experience he so cleverly created. Part of his marketing strategy was education. Most Americans at the time didn’t know much about wine. They didn’t know about different varietals. They didn’t know how to pair it with food. Wine was something for the elite classes, not because of the price, but because most people didn’t know how to serve it or even incorporate it into their lives. Serving wine to guests would have been as untenable a risk as preparing an elaborate meal from untested recipes. Mondavi used America’s lack of education to his advantage; rather than just teaching them about wine, he simultaneously taught people that wine was classy, elevated, and chic. For the most part, this message has stuck with American culture. When most people think about wine, they think about refinement.

Rather than using billboards or magazine articles to educate his clientele, Robert Mondavi invited guests to his winery for tastings. There was no one else to educate his market demographic; so he did it himself. He had outdoor summer concerts. Guests were encouraged to bring picnics; the wine was provided. He held harvest seminars. He hosted comparative tastings. He blended wine with art, and music, and food. To enjoy wine was to enjoy high culture. He made wine synonymous with “gracious living.” His work led to wine tourism in the United States. If you’ve ever toured a winery, or impulsively pulled over to visit a tasting room you can thank Robert Mondavi. 28

What does this have to do with marijuana? There are few industries more in need of a marketing-makeover than the cannabis industry. Thanks in part to Reefer Madness and Nancy Reagan, marijuana consumers are constantly stereotyped as lazy, self-indulgent, pajama-wearing, childish adults who are wholly without ambition. These qualities are not merely unflattering, they are particularly damaging because they go against redblooded American values. Americans pride themselves on being driven, hard-working, and responsible. Americans are constantly alert, either looking for the next opportunity to better themselves, or for anything that might be perceived as a threat to themselves or their family. Society would have us believe that in order to be fully American, one must never feel tired or in need of a break. One of the reasons coffee is so easily marketed in America is because coffee helps a person get things done. Coffee will help you achieve your goals, while marijuana will only help you to lose sight of them. If you’re reading this magazine then you probably already know that the above stereotypes are untrue. Cannabis consumers are business people, devoted parents, entrepreneurs, artists, lawyers, and doctors. Due to the black market, most people are introduced to cannabis by a trusted friend. Although it’s quickly changing, most marijuana businesses do not have the luxury of using massmarketing to reach their targeted demographic. The cannabis industry desperately needs its own Robert Mondavi. We face a different, and more challenging set of circumstances. Mondavi’s clientele were a tabula rasa, eager to be 29

told what they should consider important. The cannabis industry faces a clientele that has been fed years of misinformation and is in no way a blank slate. Nevertheless, there are ways to combat this. The cannabis industry needs successful and unashamed advocates to announce to their peers that they use cannabis and find it helpful. To some extent, this is already happening. Montel Williams was diagnosed with multiple sclerosis in 1999 and has been using cannabis to treat the associated pain and tremors. George Zimmer is the founder and former CEO of Men’s Wearhouse and a notable marijuana activist. He credits marijuana with saving him from alcoholism and says that his sobriety would not have been possible without the medicine offered by the plant. Rick Steves is a famous travel writer, and a former board member of NORML who strongly advocates for the reform of our marijuana laws. Other celebrities who have been open about their marijuana use include Whoopi Goldberg, Kirsten Dunst, Kristen Stewart, Bill Maher, and Morgan Freeman. Women Grow is a remarkable organization that provides a safe place for female networking within the cannabis industry. This group frequently gives a platform to mothers of very sick children. Loving, fiercely devoted women who trust cannabis enough to give it to their children are slowly but surely shifting the image of the stereotypical cannabis user. This is good, but it’s not enough. There is plenty of opportunity for dispensaries to offer classes. These could range from food and cannabis pairings, to cooking with cannabis, to a “Puff and Paint” event where attendees create a work of art while indulging.

SEX AND THE STONER

work for a large, well-respected cannabis company and I am a cannabis consumer. Both of those facts create surprising problems for my dating life. I am well-educated, intelligent, and reasonably attractive. My life is pretty stable. I frequently think that if I weren’t a consumer, I would probably have more success with dating. My marijuana habit is hardly out of control. I enjoy a few puffs, or an edible most evenings. I prefer marijuana over alcohol because I am no longer twenty-three and alcohol hurts the next day. Nevertheless, marijuana is a common stumbling block for my romantic partners.

adults use marijuana, he said “well sure, but not adults with responsibilities.” There was no second date.

For many men, dating a woman who smokes is a deal-breaker. Either they think it’s a less-than savory habit, like smoking cigarettes, or they believe a lot of the other unflattering stereotypes about marijuana users. I am in the habit of disclosing my love for the plant before the first date, so as to not waste anyone’s time. Recently, I was on a first date where the gentleman politely told me that he didn’t mind if I smoked marijuana, but he didn’t because he’s “an adult now.” When I explained that plenty of

Dating is definitely made more complicated by cannabis, but committed relationships can be even more trying. In the past two years, I have had three boyfriends and all of them have looked down on my love for cannabis. My most recent boyfriend, Beau , preferred alcohol to marijuana. He would unwind from his day with a beer while I would reach for a joint. Many years ago he had been a heavy consumer of marijuana, owning several tornado vape machines that he scattered around his home and

I met a lawyer while socializing on a patio one evening. He was cute, with curly brown hair and honey brown eyes. We were talking and laughing; I felt like we were hitting it off. Then I reached into my purse for my vape pen and offered him a hit. His smile disappeared. “Ohhh… I can’t…” he stammered, “I have to stay sharp for work tomorrow.” Then he downed the last of his Manhattan and excused himself. There wasn’t even a first date that time.

who would get along with his wealthy friends and play nice at his country club. While I am perfectly capable of behaving myself in polite society, my fondness for the plant meant to him that I wasn’t at his level. I was just some dirty hippie, unworthy of his love or adoration. Constantly making myself over for him, by smoothing out the edges and curves that he didn’t like became exhausting. It wasn’t sustainable. We dated for seven months; during that time he adamantly refused to introduce me to his friends, family, colleagues, or his children. I was his invisible girlfriend. Beau thought that I didn’t smoke enough to be taken seriously, while Toby thought any indulgence was too much. Both of them had preconceived notions about what a stoner was, which limited their perceptions about me. I couldn’t be taken seriously as just myself, because the unflattering stereotype of a stoner was in their way. Their perceptions were opposing, but strongly held. Beau thought that I wasn’t a “real consumer,” because I didn’t consume as much as he and his friends used to. Toby thought that any marijuana use ran contrary to good manners and social graces. Both of these men had derogatory ideas about who uses cannabis and what that says about them. They were incapable of understanding me, because of what they already thought they understood about cannabis. Thankfully, there are new companies offering solutions. High There is another app like Tinder or Bumble that helps cannabis enthusiasts meet each other. Users can download the app, and then start swiping to find friends or lovers. Molly Peckler, of California, runs Highly Devoted which, similar to a dating service, helps cannabis consumers find each other.

office in order to maintain his twenty-four hour medicated state. To him, I was a “johnny-come lately.” My habit wasn’t meaningful because I didn’t really discover the plant until my thirties, unlike the legions of Americans who discover marijuana in middle or high school. “You’re so cute,” he would say condescendingly. “Two little puffs will do you just fine, but I used to smoke a lot.” My tolerance was lower than his, which made me deserving of derision in his eyes. Toby hated the fact that I smoked marijuana. He was the owner of a successful real estate company, fairly wealthy, and had a respectable reputation that he was keen on protecting. As a former fraternity member, he was familiar with binge drinking. He had no problem tail-gating at a Broncos game with his friends, where the day drinking started at 10:00 AM. But if I produced a joint or an edible he would look at me scornfully. I catered to him by only partaking on nights when we weren’t together. One night we were both at separate parties with our separate groups of friends, but made plans to meet up afterward. By then, I had had a few edibles and was feeling happy and giggly. When he knocked on my door later that night, one look at my face told him that I was high. His smile disappeared; he was no longer happy to see me. “But you’ve been doing lines of cocaine all night with your friends,” I countered to the disdainful look he was giving me. “Well, yeah,” he said, “but that’s different.” He was right; cocaine has a reputation for being elitist and expensive. Marijuana is affordable and appeals to the masses. To him, marijuana made me common. In the end, my preference for marijuana is not what broke that relationship apart. But my refusal to feel any shame for using it was a contributing factor. Toby wanted an elevated girlfriend; someone 31