HomeMy WebLinkAbout2019/06/11 Written Communications - Strang AP 5.08.19 Michael Blood ):7
Where's the pot? California tracking system unlikely to know
When California voters broadly legalized marijuana, they were promised that a vast computer platform would closely
monitor products moving through the new market. But 16 months after sales kicked in, the system known as track-and-tract
isn't doing much of either. As of last month,just nine retail outlets were entering data into the network established
under an estimated $60 million state contract, even though 627 shops are licensed to sell pot in California.The rate o:
participation is similarly slim for other sectors in the emerging industry.
Only 93 of more than 1,000 licensed manufacturing companies producing extracts, oils and other products wer,
documenting their activities in the network in April. And of the nearly 4,000 licensed growers,only about 7 percent,
z or 254,are using the high-tech system,according to a review of state data. How are state officials watching over the
o nation's largest legal pot market ? For now, it's essentially a paper trail.
U Most California companies are required to document their business on paper sales invoices and shipping manifests.
But experts say that can be a doorway for criminal traffic. With paper records, regulators are relying on an honor system,
said Patrick Vo, CEO of BioTrackTHC, which provides seed-to-sale cannabis tracking in eight states, including New York
3 and Illinois. . Without a digital crumb trail in place, "there are so many areas where things can go wrong,"Vo said.
"Things can be intentionally altered."Track-and-trace sometimes is referred to as seed-to-sale to reflect the goal of tracking
marijuana plants every step, from the time they are planted until products are purchased by consumers. The goal is to keep
illegal cannabis from store shelves while making sure legally produced products don't drift into the underground market.
According to state law, the tracking system is required to provide "data points for the different stages of commercial
activity, including, but not limited to, cultivation, harvest, processing, distribution, inventory and-sale."It's also intended to
help the state keep track of taxes. But for now, California's electronic monitoring system is seeing just fragments of tl
legal market.— not the rigorous seed-to-sale oversight envisioned when voters approved Proposition 64, the law that
opened the way for broad legal sales.
Alex Traverso, a spokesman for state Bureau of Cannabis Control, said the agency was unaware of any enforcement
cases triggered by fraudulent or altered paper records. To date, it has received more than 50,000 manifests. According to the
state,the California tracking network created by Florida-based Franwell Inc. has been functional since Jan. 2, 2018,the day
after broad legal sales began. So why are so few licensees using it? In short, time and bureaucracy.
It goes back to state regulators' decision to first issue only temporary cannabis licenses, as California faced a tight
legal deadline to begin sales on Jan. 1, 2018. It wasn't possible to train thousands of temporary license holders to use the
Instead,the state decided only annual license-holders would use the track-and-trace system. But the first annual license
wasn't issued until November,and only a relatively small number have been issued since.Meanwhile, scores of
temporary licenses have expired, leaving companies in a kind of legal limbo, technically unable to do business in the state .
market. Even when the tracking system comes into widespread use, it will provide only a partial look into statewide growir
and sales since California's illegal pot industry continues to thrive.
Other states also have had problems instituting their seed-to-sale systems. New tracking software in Washington stat•
was delayed in 2017 after regulators switched vendors. Last year, a Franwell-designed system temporarily bogged down in
Maryland, in some cases preventing sales, after a new feature was added. Pennsylvania's software has caused problems for
cultivators trying to record shipments.
Green Bits, which provides business software for pot shops that can sync with state tracking systems, has over 100
clients in California. So far, only one is using the state tracking system, though two others are expected to start soon. Charli,
Wilson,-the company's chief revenue officer, said the slow rollout could be attributed in part to the daunting size of the job.
With the coming of legal sales in 2018, California began attempting to transform its longstanding illegal and medicinal
marijuana markets into a unified, multibillion-dollar industry. Several agencies are involved in licensing and regulation. For
an industry that operated for decades with scant regulation, it's a big transition. "It's not just tracking an edible brownie
but the specific plant that went into the creation of that brownie," Wilson said.
Even for the relatively small number of companies that are using the tracking system, it provides less than
blanket coverage. Take the case of Moxie,which bolds an annual license for manufacturing: When the marijuana-
extract company produces a fresh batch at its plant just outside L, vice president Josh Haddox opens his laptop and types
details about the product into the track-and-trace database. Once it's in the platform, regulators can eyeball the same info.
But when the time comes to send a sample of extract to a testing company to check for purity and potency,it
drops out of the.state computer system. That's because Moxie,a brand of parent Pure CA, holds only a temporary
license for its distribution arm and so doesn't have access to the system. Haddox likes the system and is eager to see it i►
wide use. But with the piecemeal practices now in place, the state"has no way to tell how many products(a company) made
or where its going," he said.
With the explosion of cannabis sales,seed-to-sale tracking has emerged as a fiercely competitive business,with
rival companies battling over lucrative government contracts. In 2015, lawyers for Franwell, which has a two-year
contract with California, said BioTrackTHC was using misleading publicity material and other tactics to undercut its
business, claims denied by the rival company. BioTrackTHC in April filed a protest to void Missouri regulators' decision to
award a medical cannabis licensing and seed-to-sale tracking contract to Franwell.