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Marijuana Company Prepares to Cross State Lines, as Legally as Possible

Marijuana Company Prepares to Cross State Lines, as Legally as Possible

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“These changes are costly for small businesses,” said Joe Hodas, chief marketing officer for the company.

In addition, because of federal laws, marijuana companies cannot open bank accounts, cannot use credit cards and cannot deduct business expenses from their federal taxes. Giant safes full of cash and pickups by armored cars are the norm.

Many companies in the marijuana industry had been started by product aficionados with little business experience. As legalization spreads, the industry is quickly drawing more business professionals, as evidenced by Mr. Smith and Mr. Keber, who began their endeavor with experience in corporate finance, marketing and management.

When recreational marijuana joined medical marijuana as a legal market in Colorado in 2014, they were poised to expand Dixie Brands by adding to their line of products. Since that time, the number of employees has expanded from 20 to 100 and sales have increased about sixfold.

Expanding beyond Colorado, however, has taken creativity. Two years ago, in their first move outside of the state, the pair found a licensing partner to produce Dixie products in California. After a year, the founders decided to take a more hands-on approach.

Photo

Jacob Silverstein is the manager of Silver State Wellness, Dixie Brands’ manufacturing and distribution partner at a production center in Las Vegas.

Credit
Brad Swonetz for The New York Times

“Our partner wanted to manufacture other companies’ products as well as ours, and we wanted more focus on absolute quality and consistency,” Mr. Smith said. “To have total legal, financial and operational control, we decided we would need to control the manufacturing and distribution facilities in any state we expanded to.”

To make this happen, Mr. Smith had to find a way to work within regulations that require owners of marijuana businesses to be residents of the state. He decided that Dixie Brands would own and run anything that did not “touch the plant” and therefore was not subject to local ownership regulations. A local partner would grow and process the marijuana, but only for Dixie Brands, and only under the company’s strict instructions.

Consistent product quality is critical, Mr. Smith said. “Coca-Cola in Denver and Seattle taste exactly the same, and we want Dixie Elixirs and our other products to have that reputation.”

Each new manufacturing site will cost about $2 million, according to Mr. Smith. The Dixie holding company will own and control a building that they will rent to the partner as well as the equipment that will be leased to them. All of the noncannabis raw materials and packaging, and the accounting, marketing and legal services, will be provided by Dixie Brands.

The state-based partner will own the marijuana itself and employ the personnel who work with the marijuana in any form: plants, concentrates, finished products and the like. This will allow Dixie to control the business while maintaining a clear separation from the federally illegal aspect of it. That separation also protects their investors and gives the company flexibility to react to changing state and federal regulations.

Photo

Placing regulation stickers on packaging at Dixie Brands in Denver. The industry rules are changing constantly, including regulations on packaging, food production and agriculture management.

Credit
Ryan David Brown for The New York Times

To finance the expansion, Mr. Smith says he has tapped a handful of investors from among the 30 who have funded his efforts over the last seven years. Those sources helped to open manufacturing facilities in Arizona and Nevada last month, and one is scheduled to open early next year in Washington State.

For efficiency as it enters new locations, Dixie Brands follows the most stringent state’s laws in each area of its operations. For example, Colorado has the strictest packaging requirements encompassing child-safety measures, clear dosing and single-serving packaging. The state also bans cartoon or other child-friendly images, and has many other regulations.

Dixie Brands uses those packaging rules for the products they make in every state. “If it is safe enough for Colorado, it will work for the other states,” Mr. Smith said.

The company also uses the cleaner carbon dioxide extraction method to strip the oils from the plants instead of butane, even though it is not required everywhere.

Colorado also requires multiple rounds of product testing in the manufacturing process, including testing of the raw plants, the extracted oil, batches of products and individual packages. Dixie Brands uses these guidelines everywhere it operates.

“We want to have the highest level of precise consistency and quality control, so we follow Colorado’s rules, even in states that are less strict,” Mr. Smith said.

Very few brands have made it to multiple states in the fragmented legal marijuana industry, so Dixie Brands is being watched closely. “We were pioneers to begin with seven years ago,” Mr. Smith said, “and I think we are well positioned to take this leap.”

Correction: November 9, 2016
An earlier version of a picture caption accompanying this article had transposed the names of the founders of Dixie Brands. Tripp Keber is on the left, and Chuck Smith is on the right, not vice versa.

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