Investing

Cannabis Law Now Podcast: Cannabis Investing in the U.S.: The Good, the Bad, and the Ugly


This transcript has been auto-generated and may contain technological errors.

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[Music]

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[Applause]

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[Music]

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welcome I’m your host Hilary Bricken and

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this is the Cannabis law Now podcast

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where we regularly discuss issues

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related to the Cannabis industry

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including investment day-to-day

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operational issues and potential reform

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on the horizon that will impact all

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cannabis businesses and investors in the

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United

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States hey everybody Welcome to the

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power podcast today I have a super

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fascinating guest she is my first what I

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would call institutional cannabis

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investor on the podcast and so far my

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first female participant which I’m very

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excited about she’s going to bring I

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think an improved perspective to the

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conversation based on her many many

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years of experience in the Cannabis

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industry today we have Emily Paxhia who

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is the co-founder and managing partner

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of Poseidon Investment Management

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welcome Emily thank you so much Hilary

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thank you for having me here today yes I

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feel like I’m in the presence of you

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know some some deity Godlike person

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because you’re still here uh and I say

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that a little bit tongue and cheek but

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it looks like and you know we’re going

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to talk about this but the fund your

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funds and your investment Finance

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presence you have been around for a

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decade plus which in cannabis cannabis

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years are like dog years in my opinion

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right you’ve probably heard that before

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that makes you about a thousand years

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old in this

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industry we are dinosaurs for cannabis

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investing for sure we have seen a few

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turns in this cycle of this emerging

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market for sure yeah I can imagine so

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let’s jump right into it were you and

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Poseidon maybe the first cannabis fund

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ever on the map yeah for a long time and

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you will appreciate this our lawyers

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were saying you can’t say that but now

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they’re kind of like actually we think

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you can say that you know there were

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other companies that were investing or

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allocating into the industry but the way

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they were doing it was a a different I

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would say a different structure and so

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from a kind of a diversified fund

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actively managed institutional

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perspective I think we were probably the

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first to actually do it and you know

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back to the legal fears because when I

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jumped in in 2010 it was unheard of that

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corporate attorneys transactional

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lawyers would participate it was not a

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thing and I was back in Washington state

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right which predates legalization and

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really getting its regulatory act

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together you don’t have to invade the

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attorney Cent privilege but generally

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were your lawyers telling you you know

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you could go to prison for doing this I

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mean what what was the General kind of

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attitude then yeah you know we’re ba

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we’re based out of San Francisco and I

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think there’s a little bit of a

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pioneering mindset in San Francisco

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where it’s you know been the Gold Rush

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the tech era was born here truly I mean

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between here and Seattle really and I

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think that pioner mindset came in very

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handy for us when it came to sourcing

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our legal support and you know I’ll give

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him credit Bart M melon stood right by

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us and together a lot of funds and and

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tends to be a forward-looking person he

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does a lot of kind of emerging sector

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things he was also early in crypto

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helping crypto funds form and I think he

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just saw that but I mean I tell

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everybody every day I just read my own

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PPM LPA and uh it gets me a little

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sweaty around the collar when I look at

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some of the risks I’ve taken on over the

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years to be the manager of this and you

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know when Morgan and Morgan’s my brother

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and business partner when we were

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putting this together truly did want to

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put together the infrastructure to be an

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Institutional investment firm in

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cannabis we launched with one fund but

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we always had aspirations to have more

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products and opportunities to allocate

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Capital into the sector and when we did

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it we over 20 you know 2012 is when we

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really started to put this all together

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first day of trading was January 2014

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when Colorado opened actually delayed

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launching the fund through 2013 to do

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that so we would hit the timing on that

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right it’s all about timing but he and I

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we really did like the exercise of

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looking at the worst case scenario of

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how this could go being allocators of

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capital into a schedule one product that

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was only technically kind of medically

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legal but not really from a business

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standpoint in a few markets and then you

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know adult use opening in Colorado Then

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followed by Washington and Alaska of all

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markets but it was a real risk that we

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looked at and just another interesting

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piece on that is that our very first

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investor was a lawyer and I always say

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the reason and actually followed by a

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few other lawyers and I always say there

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was this Delta between perceived versus

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actual risk and I think that they saw

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that as the opportunity to get it and

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they’ve done really well with us over

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the years so I’ll never forget them your

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foresight is outstanding I think to

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approach the industry in this capacity

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how in the early days I know you

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mentioned the attorneys who I think

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would intimately

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understand actual versus perceived risk

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grade degrees how were you able to get

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other investment with something so

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legally precarious because I know when I

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would talk to people they would either

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be Allin guns of Blazing Woody harelson

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natural board Killers or going to that

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or they wanted nothing to do with it for

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us we realized we had to be an

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educational platform and an

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informational platform as well as

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investors and it’s you know one of the

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things when you really want to become an

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expert or completely immersed in a

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category is to digest it and then to

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educate other people about it because

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then you know it inside and out and so

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we just became a source of information

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we also incredibly we leaned in

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incredibly close on the policy side so

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the first thing we did was we joined the

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ncia and then right after that we joined

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the marijuana policy project we joined

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the ccia I mean we have been involved in

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every possible way to support the reform

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that would be coming from a legal

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standpoint on the industry and I was on

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the board of the marijuana policy

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project for a period of time which was

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incredibly educational experience for me

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because I didn’t come from a background

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of politics but I will I’m a voracious a

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student and will learn whatever I can

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get my take whatever I can get my hands

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on and at the time the marijuana policy

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project was actually not a business

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organization they were focused on

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changing laws around cannabis from a

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criminal justice standpoint but you know

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Morgan my my brother always says my my

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baby brother who’s quite wise and I call

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him the little buddha but he was Bor

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with a calculator in his hand by the way

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but he always says capital is a change

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agent and I think that’s the absolute

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truth and so if you wanted to be a part

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of the change you had to lean in on it

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but I think that gave our investors who

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would end up joining us Comfort because

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they knew we were so actively engaged

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and involved and very clear on the risks

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and the opportunities that existed based

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on how laws were changing and the

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perception of lawmakers around cannabis

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so we hit the timing pretty well because

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the full memo there’s three versions of

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the memo but the first and second

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happened very quickly within the time

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that we were launching the fund I think

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the first was in August right before we

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launched and then the second one I think

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came out in like February or March right

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after we launched so good things were

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happening that were showing

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directionally positive Evolution around

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cannabis and the perception of cannabis

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as a legal market right and those were

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in my opinion those were good times when

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the doj was willing to show the

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enforcement hand and brought some sanity

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to the madness that is the state federal

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conflict and we kind of have not seen

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that since and and on the back of that I

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really want to know because I feel like

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similar to me you’ve probably seen it

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all because you’ve been around for years

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what have you seen as a seasoned

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investor as a corporate advisor evolve

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and change in the last decade plus well

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I think a lot of folks are very very

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much hung up on this a couple of

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catalysts I break Catalyst down actually

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into two things I view there are

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catalysts that actually drive growth and

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fundamental improvements in these

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businesses and I would say those are new

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states opening those are you know more

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and sophisticated and better service

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providers coming in to support the

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industry you know like better law firms

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over time better insurance providers tax

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audit all of those things that improve

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the fundamentals and the governance of

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these businesses as this industry

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matures so those are those are different

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kind of business fundamental catalysts

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and then there’s these exogenous

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catalysts that I think are The

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Gatekeepers of Capital flowing into the

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industry and those would be things like

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the safe Banking Act you know scheduling

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of cannabis these various things at the

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federal and legal cases working through

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the judicial judicial process so I think

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those are different things but I don’t

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think we should overlook the amount of

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change that has occurred over the last

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10 plus years where now over half of the

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United States live in a state where they

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have legal access to cannabis we have a

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cannabis native generation of genz

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that’s entering the workforce with share

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of wallet and when I talk about things

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it’s always 21 plus I just want to set

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that is we never are talking about

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unless it’s a medical situation where

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cannabis is a medical platform for

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someone with like epilepsy or something

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like that I’m talking about recreational

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it’s always adult use above 21 plus I

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always just like to set that standard

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for anyone listening there are folks

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entering the workforce with a share of

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wallet they can allocate to cannabis

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over alcohol and we know this is a

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generational Trend that’s shifting in

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our society and I think that the

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confluence of that with also what’s

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going on with the potential of federal

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reform plus new States opening and the

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Gallup poll results just came out

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yesterday or recently and we’re at 70

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70% approval rating to legalize cannabis

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at across the United States I mean I

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make the joke that we can’t all even get

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aligned on our pop stars or or Taylor

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Swift for God’s sakes like fluffy things

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like that but we can get aligned on one

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thing and that is cannabis legalization

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so I don’t think this means cannibal

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cannabis legalization is coming

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00:09:58,800 –> 00:10:02,640

overnight but I hope that these

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politicians in this election cycle are

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taking a look at how their constituents

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are are leveling up on this on this

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particular issue so those are a lot of

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the things that I’ve seen change I’ve

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also seen an arc of a business change in

283

00:10:13,200 –> 00:10:16,560

our industry when we first started

284

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investing in this industry some of our

285

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investments were in Canada and like a

286

00:10:18,240 –> 00:10:21,880

metric that was thrown around then was

287

00:10:19,800 –> 00:10:23,480

on funded capacity which we always were

288

00:10:21,880 –> 00:10:25,640

nervous about that metric which is

289

00:10:23,480 –> 00:10:28,200

essentially saying like how built out is

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their capacity to cultivate cannabis to

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distribute through the infrastru

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structure of the legal market and I

293

00:10:31,600 –> 00:10:35,000

would say there was not a lot of good

294

00:10:33,240 –> 00:10:36,680

shepherding of capital at that time it

295

00:10:35,000 –> 00:10:38,720

was very hype driven it wasn’t really

296

00:10:36,680 –> 00:10:40,519

based on how the shape of these

297

00:10:38,720 –> 00:10:43,000

businesses would actually fast forward

298

00:10:40,519 –> 00:10:44,839

to today where we have not had Capital

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flowing into the industry and actually

300

00:10:44,839 –> 00:10:48,800

for anyone who’s kind of newer to this

301

00:10:46,760 –> 00:10:50,560

or hasn’t P paying attention to it you

302

00:10:48,800 –> 00:10:53,440

can see where the stock started to sell

303

00:10:50,560 –> 00:10:55,560

off in was February 2021 when the Aros

304

00:10:53,440 –> 00:10:58,680

event happened with credit Swiss which

305

00:10:55,560 –> 00:11:01,560

no long rip credit swiss but you know we

306

00:10:58,680 –> 00:11:03,399

lost a lot of custody for as for stocks

307

00:11:01,560 –> 00:11:05,959

in the industry and so we lost a lot of

308

00:11:03,399 –> 00:11:08,360

institutional capital and without the

309

00:11:05,959 –> 00:11:10,600

size and Long View of institutional

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00:11:08,360 –> 00:11:13,279

capital on a sector the the industry has

311

00:11:10,600 –> 00:11:15,720

been very under capitalized and it’s

312

00:11:13,279 –> 00:11:17,959

gone from there too I mean then you know

313

00:11:15,720 –> 00:11:19,920

all of the things happened uh since then

314

00:11:17,959 –> 00:11:22,120

with the failure of Reform at the

315

00:11:19,920 –> 00:11:24,519

federal level around perfunctory banking

316

00:11:22,120 –> 00:11:26,360

legislation things like that none of

317

00:11:24,519 –> 00:11:28,120

this means that the businesses of

318

00:11:26,360 –> 00:11:29,959

cannabis aren’t continuing to be

319

00:11:28,120 –> 00:11:31,800

interesting and so where we today and

320

00:11:29,959 –> 00:11:33,240

what we’ve seen this amazing Arc come

321

00:11:31,800 –> 00:11:34,920

out to is that we really do have a

322

00:11:33,240 –> 00:11:36,959

better understanding of these businesses

323

00:11:34,920 –> 00:11:39,120

we know what to look for in terms of

324

00:11:36,959 –> 00:11:41,920

sgna containment gross margin

325

00:11:39,120 –> 00:11:44,320

percentages Eva do profiles and you can

326

00:11:41,920 –> 00:11:46,360

really examine these businesses and have

327

00:11:44,320 –> 00:11:48,160

stronger and clearer expectations of

328

00:11:46,360 –> 00:11:50,120

what a good business should look like in

329

00:11:48,160 –> 00:11:52,519

cannabis and then alongside of that all

330

00:11:50,120 –> 00:11:54,200

of the ancillary technology platforms

331

00:11:52,519 –> 00:11:56,839

have just grown and grown and grown and

332

00:11:54,200 –> 00:11:59,320

there’s just amazing Evolutions in those

333

00:11:56,839 –> 00:12:01,320

Technology Solutions and also in the

334

00:11:59,320 –> 00:12:04,120

data that those companies are capturing

335

00:12:01,320 –> 00:12:06,680

around consumers of cannabis and what

336

00:12:04,120 –> 00:12:08,600

are some of the sectors in cannabis or

337

00:12:06,680 –> 00:12:11,240

the companies in cannabis that Poseidon

338

00:12:08,600 –> 00:12:13,040

had faith in so much so that it invested

339

00:12:11,240 –> 00:12:14,800

I know it’s fairly diverse because

340

00:12:13,040 –> 00:12:17,199

Poseidon’s information on its website is

341

00:12:14,800 –> 00:12:19,240

pretty candid um about Investments over

342

00:12:17,199 –> 00:12:22,360

the years so can you share that with us

343

00:12:19,240 –> 00:12:24,880

so we were early in h Canada when the

344

00:12:22,360 –> 00:12:27,959

cannabis companies up there experienced

345

00:12:24,880 –> 00:12:29,560

massive valuation growth we took our

346

00:12:27,959 –> 00:12:31,199

returns off the table and did very very

347

00:12:29,560 –> 00:12:32,880

well and rotated our Capital into the

348

00:12:31,199 –> 00:12:34,800

United States and we were investors

349

00:12:32,880 –> 00:12:37,399

early in companies like GTI when they

350

00:12:34,800 –> 00:12:39,920

had 30 people at the table and so from

351

00:12:37,399 –> 00:12:43,000

there and I mean the phrase the acronym

352

00:12:39,920 –> 00:12:44,959

MSO did not exist at that time now we

353

00:12:43,000 –> 00:12:46,320

all know what a multi-state operator is

354

00:12:44,959 –> 00:12:48,440

yeah you know we were investing in

355

00:12:46,320 –> 00:12:50,199

Canada before people called them LPS or

356

00:12:48,440 –> 00:12:52,199

licensed producers so it’s like you know

357

00:12:50,199 –> 00:12:54,000

you’re kind of investing in the actual

358

00:12:52,199 –> 00:12:56,199

business before it becomes like this

359

00:12:54,000 –> 00:12:59,480

popular concept but what we like in the

360

00:12:56,199 –> 00:13:03,240

US are focusing on markets where there

361

00:12:59,480 –> 00:13:06,240

is clear regulation legal versus elicit

362

00:13:03,240 –> 00:13:08,399

operations we like full vertical we were

363

00:13:06,240 –> 00:13:09,959

very interested in kind of looking and

364

00:13:08,399 –> 00:13:12,199

by the way it’s not how we thought we

365

00:13:09,959 –> 00:13:14,760

would want to invest but we’ve seen how

366

00:13:12,199 –> 00:13:16,959

it plays out where if you’re just in the

367

00:13:14,760 –> 00:13:19,399

cultivation you can be susceptible to

368

00:13:16,959 –> 00:13:21,800

certain Market issues or regulatory

369

00:13:19,399 –> 00:13:23,240

shifts even versus what goes on on the

370

00:13:21,800 –> 00:13:24,680

full vertical same thing if we are in

371

00:13:23,240 –> 00:13:26,800

the middle of the supply chain on

372

00:13:24,680 –> 00:13:28,839

manufacturing so we’ve seen how

373

00:13:26,800 –> 00:13:29,639

regulation and enforcement can actually

374

00:13:28,839 –> 00:13:31,519

impct

375

00:13:29,639 –> 00:13:33,720

disproportionately those aspects of the

376

00:13:31,519 –> 00:13:36,079

vertical so now we kind of like the full

377

00:13:33,720 –> 00:13:37,480

vertical or we really just like retail

378

00:13:36,079 –> 00:13:39,440

and so that’s kind of where we’ve

379

00:13:37,480 –> 00:13:41,040

evolved to although we’ve invested

380

00:13:39,440 –> 00:13:43,240

across all of those things pure

381

00:13:41,040 –> 00:13:46,000

cultivation pure manufacturing and

382

00:13:43,240 –> 00:13:48,519

distribution pure retail done very very

383

00:13:46,000 –> 00:13:50,240

little in pure Brands and it’s because

384

00:13:48,519 –> 00:13:52,399

being someone who came from a background

385

00:13:50,240 –> 00:13:54,639

of research and Consulting on consumer

386

00:13:52,399 –> 00:13:57,600

products for companies like PepsiCo I

387

00:13:54,639 –> 00:13:59,639

know how difficult building a brand is

388

00:13:57,600 –> 00:14:01,560

and then maintaining Market share on a

389

00:13:59,639 –> 00:14:03,360

brand is so I had just enough

390

00:14:01,560 –> 00:14:05,560

information to scare me enough that we

391

00:14:03,360 –> 00:14:07,440

avoided a lot of the frothy investing

392

00:14:05,560 –> 00:14:09,040

into Brands and have focused more on the

393

00:14:07,440 –> 00:14:11,279

verticals so we like the verticals we

394

00:14:09,040 –> 00:14:13,079

like the states where they enforce legal

395

00:14:11,279 –> 00:14:14,680

programs we’re still actually in

396

00:14:13,079 –> 00:14:16,240

California because I’m still a big

397

00:14:14,680 –> 00:14:19,160

believer this is like the tip of the

398

00:14:16,240 –> 00:14:21,040

spere of what a mature Market with great

399

00:14:19,160 –> 00:14:22,920

Brands and products can look like even

400

00:14:21,040 –> 00:14:25,440

if it’s incredibly hard and I do think

401

00:14:22,920 –> 00:14:27,880

the state has could be doing a better

402

00:14:25,440 –> 00:14:29,600

job to get more things open and to help

403

00:14:27,880 –> 00:14:32,000

consumers have more access and maybe

404

00:14:29,600 –> 00:14:34,480

rethink the way the taxes are done here

405

00:14:32,000 –> 00:14:36,519

but nonetheless it’s kind of like I have

406

00:14:34,480 –> 00:14:38,079

Associated it with an athlete training

407

00:14:36,519 –> 00:14:39,959

at altitude if you can make it in

408

00:14:38,079 –> 00:14:41,560

California I think you can make it and

409

00:14:39,959 –> 00:14:43,639

if you can run a marathon at altitude

410

00:14:41,560 –> 00:14:45,880

you can run a marathon at sea level with

411

00:14:43,639 –> 00:14:47,639

your you know eyes Clos so I think

412

00:14:45,880 –> 00:14:49,680

anybody who does well in California

413

00:14:47,639 –> 00:14:51,680

could be like a a leader and have to do

414

00:14:49,680 –> 00:14:53,880

well in other markets we like that on

415

00:14:51,680 –> 00:14:55,920

the technology side we have done things

416

00:14:53,880 –> 00:14:58,440

on the retail optimization and point of

417

00:14:55,920 –> 00:15:00,680

sale which we love and those Investments

418

00:14:58,440 –> 00:15:02,880

have gone pretty well and then we love

419

00:15:00,680 –> 00:15:04,440

the data side of it because of

420

00:15:02,880 –> 00:15:06,639

everything I’m talking about here I mean

421

00:15:04,440 –> 00:15:08,320

this is at the end of the day a consumer

422

00:15:06,639 –> 00:15:11,560

product at the end of the day it’s

423

00:15:08,320 –> 00:15:14,079

eating into the bevel category AAL base

424

00:15:11,560 –> 00:15:16,480

but it’s coming and so the value of that

425

00:15:14,079 –> 00:15:18,560

data and the consumer trending around

426

00:15:16,480 –> 00:15:21,320

health and wellness through to just pure

427

00:15:18,560 –> 00:15:23,320

consumer lifestyle stuff in cannabis is

428

00:15:21,320 –> 00:15:25,079

going to be valuable and interesting to

429

00:15:23,320 –> 00:15:27,079

people when they finally start to come

430

00:15:25,079 –> 00:15:29,319

into the sector yeah I think that’s

431

00:15:27,079 –> 00:15:32,120

right now a little bit about these past

432

00:15:29,319 –> 00:15:34,639

Investments can you give us maybe the

433

00:15:32,120 –> 00:15:37,160

makeup of your top most successful

434

00:15:34,639 –> 00:15:39,959

investment and then I got to ask it

435

00:15:37,160 –> 00:15:41,800

maybe the profile of the worst meaning

436

00:15:39,959 –> 00:15:43,560

what elements made up your most

437

00:15:41,800 –> 00:15:45,519

successful investment and I know that’s

438

00:15:43,560 –> 00:15:47,240

very Broad and then same question for

439

00:15:45,519 –> 00:15:49,360

maybe one that gave you a little

440

00:15:47,240 –> 00:15:51,480

heartburn I I would say we’ve done

441

00:15:49,360 –> 00:15:52,959

incredibly well in a number of things

442

00:15:51,480 –> 00:15:55,759

like for example we were early in

443

00:15:52,959 –> 00:15:57,360

private in afria which those new to the

444

00:15:55,759 –> 00:15:59,920

sector wouldn’t even know who that is

445

00:15:57,360 –> 00:16:02,240

anymore because afria is now till R

446

00:15:59,920 –> 00:16:04,000

which waser I mean it’s like there’s so

447

00:16:02,240 –> 00:16:05,720

many iterations to these companies but

448

00:16:04,000 –> 00:16:07,720

we were in that thing sub at dollar

449

00:16:05,720 –> 00:16:11,360

Canadian and we rotated out of it on

450

00:16:07,720 –> 00:16:13,480

like a very beautiful multi-digit X

451

00:16:11,360 –> 00:16:14,800

return on that thing and rotated into us

452

00:16:13,480 –> 00:16:16,360

we did really well on that GW

453

00:16:14,800 –> 00:16:18,440

pharmaceutical was our first investment

454

00:16:16,360 –> 00:16:20,800

in the first fund that we saw a great

455

00:16:18,440 –> 00:16:22,880

outcome once epids you know hit the

456

00:16:20,800 –> 00:16:24,920

market and the clinical trials had

457

00:16:22,880 –> 00:16:27,519

proven out on that thing we had some

458

00:16:24,920 –> 00:16:29,600

other great I mean I would say GTI I I

459

00:16:27,519 –> 00:16:32,360

always called it The Quiet Riot we were

460

00:16:29,600 –> 00:16:35,000

in it early and we mult we invested Time

461

00:16:32,360 –> 00:16:36,600

After Time After Time into that company

462

00:16:35,000 –> 00:16:39,639

it was a Quiet Riot they weren’t the

463

00:16:36,600 –> 00:16:41,519

froy medm or acreages of the world they

464

00:16:39,639 –> 00:16:43,319

have just been focused on preserving and

465

00:16:41,519 –> 00:16:45,440

growing shareholder value and have done

466

00:16:43,319 –> 00:16:47,000

that well and and focusing on you know

467

00:16:45,440 –> 00:16:48,759

balance sheet preservation all the

468

00:16:47,000 –> 00:16:50,240

things that they needed to do and I feel

469

00:16:48,759 –> 00:16:52,600

like they share a little bit of the like

470

00:16:50,240 –> 00:16:54,360

Buffet Monger mindset with Morgan and I

471

00:16:52,600 –> 00:16:56,680

about how businesses should be good

472

00:16:54,360 –> 00:16:59,240

businesses are run that has been a great

473

00:16:56,680 –> 00:17:00,880

returner time and time again for us so

474

00:16:59,240 –> 00:17:03,360

those are just some of the good ones

475

00:17:00,880 –> 00:17:05,720

there was a famous flame out that we had

476

00:17:03,360 –> 00:17:08,199

that was written about in Inc magazine

477

00:17:05,720 –> 00:17:10,559

by Willie yakowitz which was trative

478

00:17:08,199 –> 00:17:13,799

that one I would say like that was like

479

00:17:10,559 –> 00:17:16,919

the first crystallizing moment in the

480

00:17:13,799 –> 00:17:19,799

importance of board compos compositions

481

00:17:16,919 –> 00:17:22,679

and corporate governance and it was for

482

00:17:19,799 –> 00:17:25,520

me also a formative moment where there

483

00:17:22,679 –> 00:17:27,480

was this pivotal point and I don’t even

484

00:17:25,520 –> 00:17:30,000

remember this guy’s name but I we were

485

00:17:27,480 –> 00:17:31,200

on this board meeting and I had a very

486

00:17:30,000 –> 00:17:32,960

strong point of view which ended up

487

00:17:31,200 –> 00:17:34,760

being right point of view because my

488

00:17:32,960 –> 00:17:37,039

intuition was very strong about what was

489

00:17:34,760 –> 00:17:39,400

happening in this company this guy like

490

00:17:37,039 –> 00:17:41,760

basically shut me down and so I kind of

491

00:17:39,400 –> 00:17:44,160

retreated thinking oh I’m I must be off

492

00:17:41,760 –> 00:17:46,520

base here but I’ll never do that again

493

00:17:44,160 –> 00:17:48,360

and so now I’ve always been a very vocal

494

00:17:46,520 –> 00:17:50,360

board member if I’m not comfortable with

495

00:17:48,360 –> 00:17:52,120

something that’s happening that was a

496

00:17:50,360 –> 00:17:54,400

disappointing flame out it had a lot of

497

00:17:52,120 –> 00:17:55,919

promise that company but this is why

498

00:17:54,400 –> 00:17:58,159

from that moment forward board

499

00:17:55,919 –> 00:17:59,760

composition co-investors everything

500

00:17:58,159 –> 00:18:01,799

became and what what we were able to

501

00:17:59,760 –> 00:18:03,880

rescue out of that was accomplished

502

00:18:01,799 –> 00:18:05,640

through good co-investors so you know it

503

00:18:03,880 –> 00:18:07,600

cut both ways on that project although

504

00:18:05,640 –> 00:18:10,159

it ended up failing in the end thanks to

505

00:18:07,600 –> 00:18:12,720

a stupid lawsuit which I would say is it

506

00:18:10,159 –> 00:18:13,919

was bad lawsuit but anyway but then

507

00:18:12,720 –> 00:18:16,360

these are the things that can kill

508

00:18:13,919 –> 00:18:17,720

companies and you know you got you have

509

00:18:16,360 –> 00:18:21,120

to have good corporate governance and

510

00:18:17,720 –> 00:18:24,039

levers around managing through the

511

00:18:21,120 –> 00:18:27,720

chaotic environment of a startup I hear

512

00:18:24,039 –> 00:18:29,320

you and on the back of that given kind

513

00:18:27,720 –> 00:18:31,120

of the flat

514

00:18:29,320 –> 00:18:32,559

of the industry right now from state to

515

00:18:31,120 –> 00:18:34,919

state you mentioned California it’s

516

00:18:32,559 –> 00:18:36,760

incredibly tough for both macroeconomic

517

00:18:34,919 –> 00:18:38,760

factors and Regulatory reasons you ever

518

00:18:36,760 –> 00:18:40,840

thought about cashing out completely and

519

00:18:38,760 –> 00:18:42,520

bailing and you know if not what what

520

00:18:40,840 –> 00:18:45,679

keeps you coming back why do you hold

521

00:18:42,520 –> 00:18:47,919

the flame of faith that this potentially

522

00:18:45,679 –> 00:18:50,000

will explode is it the data is it the

523

00:18:47,919 –> 00:18:51,720

intuition that you mentioned what is it

524

00:18:50,000 –> 00:18:53,320

I think it’s a Confluence of factors

525

00:18:51,720 –> 00:18:55,799

that keep us coming back first of all

526

00:18:53,320 –> 00:18:57,679

we’re Mission driven investors like we

527

00:18:55,799 –> 00:18:59,400

believe that cannabis should be legal

528

00:18:57,679 –> 00:19:01,039

and that people should have access to it

529

00:18:59,400 –> 00:19:03,159

both from a medical standpoint and from

530

00:19:01,039 –> 00:19:05,559

a lifestyle standpoint especially

531

00:19:03,159 –> 00:19:08,039

instead of alcohol I mean look I love

532

00:19:05,559 –> 00:19:10,120

alcohol whatever it’s great big fan of

533

00:19:08,039 –> 00:19:11,640

tequila but I think that I want people

534

00:19:10,120 –> 00:19:14,240

to have options and I believe in the

535

00:19:11,640 –> 00:19:16,280

liberty of choice so all of that like

536

00:19:14,240 –> 00:19:17,960

aside I think when you’re Mission driven

537

00:19:16,280 –> 00:19:20,480

you know I think about people who I

538

00:19:17,960 –> 00:19:22,240

admire like Steve Jobs he was incredibly

539

00:19:20,480 –> 00:19:23,880

passionate about his product and

540

00:19:22,240 –> 00:19:25,240

everything that Apple would stand for

541

00:19:23,880 –> 00:19:26,880

and that’s how he got through the

542

00:19:25,240 –> 00:19:29,799

various cycles of that business it

543

00:19:26,880 –> 00:19:32,400

wasn’t a straight line up it never is so

544

00:19:29,799 –> 00:19:34,960

what has kept me here is that I just try

545

00:19:32,400 –> 00:19:36,840

to stay very very close to what’s

546

00:19:34,960 –> 00:19:38,600

actually happening in the businesses

547

00:19:36,840 –> 00:19:40,320

what’s actually happening from a

548

00:19:38,600 –> 00:19:42,480

political standpoint or like the

549

00:19:40,320 –> 00:19:45,039

constituent acceptance and support

550

00:19:42,480 –> 00:19:46,559

around this issue and I just believe I

551

00:19:45,039 –> 00:19:48,559

you know when you come so far in

552

00:19:46,559 –> 00:19:50,159

something to throw in the towel to

553

00:19:48,559 –> 00:19:53,039

capitulate at this point even though

554

00:19:50,159 –> 00:19:54,960

it’s been a very very difficult cycle 23

555

00:19:53,039 –> 00:19:57,120

was you know the worst year that we’ve

556

00:19:54,960 –> 00:20:00,360

had to manage through in terms of what

557

00:19:57,120 –> 00:20:02,799

really finally hit Road on this sector

558

00:20:00,360 –> 00:20:05,120

in terms of the Fallout of lack of

559

00:20:02,799 –> 00:20:06,760

capital flow lack of Reform and all the

560

00:20:05,120 –> 00:20:08,960

things that happened on the federal

561

00:20:06,760 –> 00:20:11,679

level and I think that was really what

562

00:20:08,960 –> 00:20:14,720

really catalyzed the challenges of 2023

563

00:20:11,679 –> 00:20:16,799

was when the safe banking failed to get

564

00:20:14,720 –> 00:20:19,120

included in 2022 so it was a chain

565

00:20:16,799 –> 00:20:21,039

reaction of events and then yeah there’s

566

00:20:19,120 –> 00:20:23,080

a lot of factors but what I see right

567

00:20:21,039 –> 00:20:25,679

now is the most amazing setup after

568

00:20:23,080 –> 00:20:28,280

doing this for over 10 years is you have

569

00:20:25,679 –> 00:20:29,200

a generational consumer shift coming to

570

00:20:28,280 –> 00:20:30,880

Canabis

571

00:20:29,200 –> 00:20:32,360

like I I’ve always said the easiest

572

00:20:30,880 –> 00:20:34,840

thing about cannabis is that their’s

573

00:20:32,360 –> 00:20:36,520

product Market fit and that’s just for

574

00:20:34,840 –> 00:20:38,919

the the bell curve you know it’s the

575

00:20:36,520 –> 00:20:41,039

bell curve widens out there’s so many

576

00:20:38,919 –> 00:20:43,880

canic curious people who are coming into

577

00:20:41,039 –> 00:20:45,880

the category now so our tip of the Spear

578

00:20:43,880 –> 00:20:47,600

of the Cannabis enthusiasts who’ve been

579

00:20:45,880 –> 00:20:49,360

here and who have ready to participate

580

00:20:47,600 –> 00:20:50,480

in this adult use market like I mean

581

00:20:49,360 –> 00:20:53,360

I’ll never forget when I went to the

582

00:20:50,480 –> 00:20:55,679

Ascend store in New Jersey and nobody

583

00:20:53,360 –> 00:20:58,080

knew I was an investor it’s just going

584

00:20:55,679 –> 00:21:00,720

and the fact that I could chitchat with

585

00:20:58,080 –> 00:21:02,799

people wait in line in the winter

586

00:21:00,720 –> 00:21:05,080

looking forward to getting in and they

587

00:21:02,799 –> 00:21:07,200

were like how cool is this we can buy

588

00:21:05,080 –> 00:21:08,760

cannabis you know like unsolicited

589

00:21:07,200 –> 00:21:10,840

telling me how excited they were to have

590

00:21:08,760 –> 00:21:12,360

legal weed in New Jersey like those are

591

00:21:10,840 –> 00:21:14,159

the things that keep me going seeing

592

00:21:12,360 –> 00:21:15,799

patients who have access to good

593

00:21:14,159 –> 00:21:17,159

cannabis products that they didn’t

594

00:21:15,799 –> 00:21:18,960

before those are the things that keep me

595

00:21:17,159 –> 00:21:21,159

going but from an investment standpoint

596

00:21:18,960 –> 00:21:23,120

it’s the setup that I can’t get over

597

00:21:21,159 –> 00:21:26,039

which is that consumer shift so a

598

00:21:23,120 –> 00:21:27,720

growing Tam the more states that open

599

00:21:26,039 –> 00:21:29,200

like Missouri and Maryland I mean when

600

00:21:27,720 –> 00:21:30,919

you look at the states when they open

601

00:21:29,200 –> 00:21:33,400

it’s just incredibly exciting to see the

602

00:21:30,919 –> 00:21:36,440

sales data and the growth and and the

603

00:21:33,400 –> 00:21:38,240

diversification of product and baskets

604

00:21:36,440 –> 00:21:40,400

that happen with the consumers which

605

00:21:38,240 –> 00:21:43,480

shows again kind of that broadening of

606

00:21:40,400 –> 00:21:46,520

the bell curve and then I see the setup

607

00:21:43,480 –> 00:21:48,320

of the Catalyst that all the people

608

00:21:46,520 –> 00:21:49,799

outside of the industry are waiting for

609

00:21:48,320 –> 00:21:51,799

which is the potential for banking

610

00:21:49,799 –> 00:21:53,840

reform the potential for you know a

611

00:21:51,799 –> 00:21:56,200

lawsuit against the government that

612

00:21:53,840 –> 00:21:58,760

changes this the application of the CSA

613

00:21:56,200 –> 00:22:01,279

to these legal businesses in within

614

00:21:58,760 –> 00:22:03,880

States and the third being of course the

615

00:22:01,279 –> 00:22:05,559

scheduling of cannabis so I’m seeing a

616

00:22:03,880 –> 00:22:07,000

number of things setting up and that’s

617

00:22:05,559 –> 00:22:08,279

what I can’t look away from it because

618

00:22:07,000 –> 00:22:10,760

I’ve been here too long building

619

00:22:08,279 –> 00:22:12,480

businesses this whole time to do it so

620

00:22:10,760 –> 00:22:14,559

got it the only way out is through but

621

00:22:12,480 –> 00:22:18,000

it’s not been easy if anyone thought it

622

00:22:14,559 –> 00:22:19,960

was easy they should spend a day with me

623

00:22:18,000 –> 00:22:21,600

I could uh I could scare the pants off

624

00:22:19,960 –> 00:22:24,880

of anyone about the things I’ve seen in

625

00:22:21,600 –> 00:22:26,720

an emerging market like this yeah I bet

626

00:22:24,880 –> 00:22:28,559

and there are so many exciting things

627

00:22:26,720 –> 00:22:29,679

about it and and maybe one of those

628

00:22:28,559 –> 00:22:31,360

things is the last thing that you

629

00:22:29,679 –> 00:22:34,679

mentioned kind of in the pillars of

630

00:22:31,360 –> 00:22:37,600

Reform and huge catalysts which is this

631

00:22:34,679 –> 00:22:39,880

potential on the horizon for a cannabis

632

00:22:37,600 –> 00:22:41,559

reschedule um and I keep saying unless

633

00:22:39,880 –> 00:22:43,080

you’re living under a rock you know

634

00:22:41,559 –> 00:22:44,559

about this right this is the biggest

635

00:22:43,080 –> 00:22:46,880

thing potentially to happen to cannabis

636

00:22:44,559 –> 00:22:49,799

in decades and Decades of prohibition it

637

00:22:46,880 –> 00:22:53,679

is also in my opinion one of the most

638

00:22:49,799 –> 00:22:55,279

annoying loud karay filled things that’s

639

00:22:53,679 –> 00:22:57,200

happening in the industry and I find

640

00:22:55,279 –> 00:22:59,080

these things insufferable because nobody

641

00:22:57,200 –> 00:23:01,440

no lawyer no regulator nobody has a

642

00:22:59,080 –> 00:23:04,240

crystal ball and this is complicated

643

00:23:01,440 –> 00:23:06,200

complex administrative rulemaking with

644

00:23:04,240 –> 00:23:09,039

potentially the public health and safety

645

00:23:06,200 –> 00:23:12,240

of millions at stake not to be dramatic

646

00:23:09,039 –> 00:23:14,120

but if schedule 3 happens number one

647

00:23:12,240 –> 00:23:15,840

what happens in your world as an

648

00:23:14,120 –> 00:23:18,559

investor as a wholesale cannabis

649

00:23:15,840 –> 00:23:20,880

investor and two you know what are you

650

00:23:18,559 –> 00:23:23,159

paying attention to about schedule 3 as

651

00:23:20,880 –> 00:23:25,360

an investor yeah sometimes I’m like oh

652

00:23:23,159 –> 00:23:27,600

is this just me after 10 years of being

653

00:23:25,360 –> 00:23:29,360

battle tested by waiting for something

654

00:23:27,600 –> 00:23:31,440

to happen and then it happens or doesn’t

655

00:23:29,360 –> 00:23:32,799

happen or the recision of the coal memo

656

00:23:31,440 –> 00:23:34,440

or all the things that have happened

657

00:23:32,799 –> 00:23:36,640

through the course of having invested in

658

00:23:34,440 –> 00:23:38,760

cannabis or even the exogenous stuff

659

00:23:36,640 –> 00:23:40,520

that happens like the aragos event which

660

00:23:38,760 –> 00:23:42,520

changes the custody around the stock

661

00:23:40,520 –> 00:23:44,600

things like that or the risk profiles

662

00:23:42,520 –> 00:23:46,279

are like Cowen gets bought by TD and all

663

00:23:44,600 –> 00:23:48,000

of a sudden now they won’t let you you

664

00:23:46,279 –> 00:23:50,120

know hold stocks with you know there’s a

665

00:23:48,000 –> 00:23:53,799

lot of things that have gone on so then

666

00:23:50,120 –> 00:23:56,960

when when I see people boiling down such

667

00:23:53,799 –> 00:24:00,360

an important and complicated thing as

668

00:23:56,960 –> 00:24:02,600

the DEA approving the scheduling

669

00:24:00,360 –> 00:24:05,440

recommendation that came from the HHS

670

00:24:02,600 –> 00:24:07,960

and putting it forth as policy or as a

671

00:24:05,440 –> 00:24:10,120

framework it’s we cannot be too

672

00:24:07,960 –> 00:24:12,000

reductionist about this and we have to

673

00:24:10,120 –> 00:24:14,400

think about every corner we have to look

674

00:24:12,000 –> 00:24:16,200

around associated with this and maybe

675

00:24:14,400 –> 00:24:18,080

it’s because we had an investment in

676

00:24:16,200 –> 00:24:21,080

this company called PX and then juwel

677

00:24:18,080 –> 00:24:22,720

spun out of it and anyone who’s watched

678

00:24:21,080 –> 00:24:24,400

what happened with juel knows what it’s

679

00:24:22,720 –> 00:24:28,200

like to try to work with a federal

680

00:24:24,400 –> 00:24:31,039

agency the FDA really slapped around not

681

00:24:28,200 –> 00:24:33,480

just e Market but juwel in particular

682

00:24:31,039 –> 00:24:36,120

and the only thing I know about that is

683

00:24:33,480 –> 00:24:39,360

that the opacity of how these decisions

684

00:24:36,120 –> 00:24:42,679

are made is immense we have no to say we

685

00:24:39,360 –> 00:24:45,240

have a crystal ball is insane at best we

686

00:24:42,679 –> 00:24:47,480

have like an opaque rock that we’re

687

00:24:45,240 –> 00:24:49,600

looking at to try to understand what the

688

00:24:47,480 –> 00:24:50,799

DEA is going to do and I always try one

689

00:24:49,600 –> 00:24:53,279

thing I learned when I was on the board

690

00:24:50,799 –> 00:24:55,320

of the mppp is like trying to understand

691

00:24:53,279 –> 00:24:58,399

the motivations of the groups who are

692

00:24:55,320 –> 00:25:01,360

involved in the decision making the daa

693

00:24:58,399 –> 00:25:04,120

is going to take this very seriously

694

00:25:01,360 –> 00:25:07,520

because the DEA has funding around the

695

00:25:04,120 –> 00:25:10,440

enforcement of Narcotics and cannabis is

696

00:25:07,520 –> 00:25:12,600

a schedule one sitting right in their

697

00:25:10,440 –> 00:25:15,600

wheelhouse of things that they get

698

00:25:12,600 –> 00:25:17,720

funded to oversee and they’re also this

699

00:25:15,600 –> 00:25:20,679

is kind of embedded in the culture of

700

00:25:17,720 –> 00:25:22,840

the DEA around narcotics is the

701

00:25:20,679 –> 00:25:24,720

perception around cannabis not being a

702

00:25:22,840 –> 00:25:26,720

positive one not being one where there

703

00:25:24,720 –> 00:25:28,520

are good things coming from it and you

704

00:25:26,720 –> 00:25:31,039

can just go back and look at the history

705

00:25:28,520 –> 00:25:33,080

of this with President Nixon too so

706

00:25:31,039 –> 00:25:34,919

there’s just so many things around this

707

00:25:33,080 –> 00:25:37,520

that I think it’s just going to be a

708

00:25:34,919 –> 00:25:39,120

little bit more tumultuous than I think

709

00:25:37,520 –> 00:25:40,840

people think and then let’s okay so then

710

00:25:39,120 –> 00:25:42,159

it’s schedule three so what do what do I

711

00:25:40,840 –> 00:25:43,600

think about that I’m very excited

712

00:25:42,159 –> 00:25:45,360

because I do think it deserves to be

713

00:25:43,600 –> 00:25:47,559

moved out of schedule one and God forbid

714

00:25:45,360 –> 00:25:49,480

it goes into schedule two schedule 3 is

715

00:25:47,559 –> 00:25:51,640

fine we’ve always wanted it to be

716

00:25:49,480 –> 00:25:53,320

descheduled and treated like alcohol but

717

00:25:51,640 –> 00:25:55,320

we know that there’s not a a

718

00:25:53,320 –> 00:25:57,320

constitutional amendment coming for

719

00:25:55,320 –> 00:26:00,880

cannabis the way that it came for

720

00:25:57,320 –> 00:26:03,080

alcohol so I think that once we so from

721

00:26:00,880 –> 00:26:05,200

an investment standpoint once we find

722

00:26:03,080 –> 00:26:07,120

out what the dea’s point of view on this

723

00:26:05,200 –> 00:26:09,399

and what they hand down we have to

724

00:26:07,120 –> 00:26:10,960

spring into action immediately to try to

725

00:26:09,399 –> 00:26:13,120

understand what that’ll mean and what

726

00:26:10,960 –> 00:26:15,080

that’ll mean in terms of okay and what

727

00:26:13,120 –> 00:26:17,399

is you know we all talk about it as the

728

00:26:15,080 –> 00:26:19,039

exciting upside of the 280e tax code

729

00:26:17,399 –> 00:26:21,080

being removed which is you know

730

00:26:19,039 –> 00:26:23,360

egregiously applied to schedule one

731

00:26:21,080 –> 00:26:25,039

products for lack of a better word so

732

00:26:23,360 –> 00:26:26,480

that’s exciting but how what’s that

733

00:26:25,039 –> 00:26:27,919

going to look like and what’s that going

734

00:26:26,480 –> 00:26:29,960

to look like from a federal tax

735

00:26:27,919 –> 00:26:31,799

perspective on the other side you know I

736

00:26:29,960 –> 00:26:34,760

don’t I don’t know the IRS probably

737

00:26:31,799 –> 00:26:36,799

enjoys the revenue they see from 280 and

738

00:26:34,760 –> 00:26:38,360

so does our government and so what does

739

00:26:36,799 –> 00:26:40,080

that look like so I’m not thinking this

740

00:26:38,360 –> 00:26:41,960

is like the Silver Bullet that solves

741

00:26:40,080 –> 00:26:43,720

all things which is why we are pursuing

742

00:26:41,960 –> 00:26:45,520

other things such as this case we’re

743

00:26:43,720 –> 00:26:47,840

working with boy Schiller on as an

744

00:26:45,520 –> 00:26:49,960

industry and helping out these these

745

00:26:47,840 –> 00:26:51,640

defendants and trying to be people who

746

00:26:49,960 –> 00:26:53,520

pull things together but one thing I’ve

747

00:26:51,640 –> 00:26:55,159

learned over this you know course of

748

00:26:53,520 –> 00:26:57,960

time is you have to have multiple shots

749

00:26:55,159 –> 00:26:59,840

on goal to try to influence reform and

750

00:26:57,960 –> 00:27:02,760

so I’m not somebody who thinks this is a

751

00:26:59,840 –> 00:27:05,120

silver bullet but I do think though from

752

00:27:02,760 –> 00:27:07,720

Capital coming into the industry this is

753

00:27:05,120 –> 00:27:09,559

one of those catalytic moments and so

754

00:27:07,720 –> 00:27:11,960

for that I am excited because this

755

00:27:09,559 –> 00:27:14,600

industry deserves to be capitalized to

756

00:27:11,960 –> 00:27:16,600

drive innov to drive Innovation to drive

757

00:27:14,600 –> 00:27:19,200

support for the consumers and all the

758

00:27:16,600 –> 00:27:21,240

things that go on with investing into an

759

00:27:19,200 –> 00:27:23,559

Emerging Market well Emily I’m going to

760

00:27:21,240 –> 00:27:25,799

let you go with that question and that

761

00:27:23,559 –> 00:27:28,279

sentiment and I feel very confident that

762

00:27:25,799 –> 00:27:30,360

no matter what reform is on the horizon

763

00:27:28,279 –> 00:27:33,279

either tomorrow or years from now I will

764

00:27:30,360 –> 00:27:35,960

likely see you and Poseidon on the other

765

00:27:33,279 –> 00:27:37,600

side hopefully in a very very successful

766

00:27:35,960 –> 00:27:39,600

capacity for all of the time and

767

00:27:37,600 –> 00:27:41,240

Goodwill put in and I know personally

768

00:27:39,600 –> 00:27:43,840

and I can share that with listeners

769

00:27:41,240 –> 00:27:45,720

Poseidon has propped up many many

770

00:27:43,840 –> 00:27:47,399

operators in this industry that are

771

00:27:45,720 –> 00:27:49,159

still rocking and rolling today and

772

00:27:47,399 –> 00:27:52,080

without that this industry would be way

773

00:27:49,159 –> 00:27:54,360

weaker for it so Emily thank you for

774

00:27:52,080 –> 00:27:57,120

your opinions your insights super

775

00:27:54,360 –> 00:27:59,120

valuable we really appreciate it thank

776

00:27:57,120 –> 00:28:00,720

you

777

00:27:59,120 –> 00:28:03,519

and that concludes today’s episode of

778

00:28:00,720 –> 00:28:06,930

the Cannabis law Now podcast until next

779

00:28:03,519 –> 00:28:10,709

time stayer stay

780

00:28:06,930 –> 00:28:10,709

[Music]

781

00:28:10,880 –> 00:28:13,880

alive



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