PART VII APPENDIX A STATE OF MAINE Departments of Administrative and Financial Services & Department of Agriculture, Conservation, and Forestry RESPONSE COVER PAGE RFI# 201707126 Rule-Making for Adult-Use Marijuana Policy Implementation Lead Point of Contact for Response Name/Title: e- Respondent's Organization Name: 1;-\af\no.. \,„i\cmnt., Tel: 207253- OS98 E-mail: --- V---1 ) i i 0fess,0nct(s _Ft 1 -v_e_stA h 6MT% 101 Website (if applicable): Street Address: 89 City/State/Zip: 0 Mckc 1 no it \ C1 SA +e Ofl0 LI State of Maine RFI# 201707126 Rev. 9/2/2016 Page 11 Submission in response to Request for Information (RFI) #201707126 to the Departments of Administrative and Financial Services & Agriculture, Conservation and Forestry Public comment, in response to RFI #201707126, Section II - Information Sought, submitted by Hannah E. King, Esq. on behalf of Maine Professionals for Regulating Marijuana. My name is Hannah E. King. I am an attorney with the Maine law firm of Drummond Woodsum and a member of Drummond Woodsum’s regulated substance’s practice where I represent tribal clients across the country who are exploring entering the cannabis space, as well as entrepreneurs, landlords, municipalities, and investors in Maine on matters related to Maine’s medical and adult use marijuana programs. I am also an advisory board member of Maine Professionals for Regulating Marijuana (MPRM), a coalition of Maine professionals advocating for safety, quality, and transparency in the medical and adult use marijuana programs in Maine (for full advisory board membership, see attached). I offer the following comments, on behalf of MPRM, for your consideration as you develop the adult-use marijuana program in the state. Many states, and countries- including Canada-, use consultants with the experience to apply economic and policy analyses developed on traditional and modern techniques to produce efficient, robust, and safe marijuana markets for both medical and adult-use markets. Below are some of the leaders in this type of policy development. Marijuana Policy Group (MPG): dedicated to new market policy and analysis, MPG has collaborated with researchers to offer custom economic, market, financial, and policy research and consulting services for more than 40 years. MPG applies “research methods rooted in economic theory and statistical applications to inform regulatory policy decisions in the rapidly growing legal medical and recreational marijuana markets.” Members of the MPG team authored the Colorado Market Size and Demand Study in 2016, and have provided studies for Alaska, Illinois, Maryland, Vermont, and other states for both medical and adult-use markets on a variety of issues, including estimating annual marijuana consumption, production management methods, and market supply channels. More information is available through MPG’s website. 1 Denver Relief Consulting (DRC): developed from a mission to develop quality marijuana operations and industry by advancing best practices, DRC creates custom advocacy and business strategies based on previously successful models in Colorado and other locations in North America. DRC focuses on “government collaboration, industry best practices, hyper-compliance, environmental stewardship, and community integration” to encourage responsible marijuana policy. More information is available through DRC’s website. Freedman & Koski: started in part by the Director of Marijuana Coordination in Colorado and the Director of the Colorado Marijuana Enforcement Division during the legalization of marijuana in that state, Freedman & Koski provides technical advice for both government and the private sector. As governments implement marijuana legalization, Freedman & Koski has offered initial policy suggestions, regulatory development, and budgetary advice. Experts from the company have provided testimony and briefings to eight states, including Maine before the Marijuana Legalization Implementation Committee, as well as to the US Congress, National Governors Association, and other organizations. More information is available through Freedman & Koski’s website. MPRM, with members from a wide variety of professional fields, see attached MPRM board member biographies, and Drummond Woodsum, who has, through its tribal, municipal, and regulated substances practices, developed a unique expertise in this area, are also local resources. Attachment: MPRM board member biographies, biography, Edward Kelleher, Esq., biography, Hannah E. King, Esq. 2 Attachment 1: MPRM Board Member Biographies Anne Krieg, AICP Anne Krieg, AICP, is the new Executive Director of the Mid-Coast Regional Planning Commission. For the previous 5 years, she was the Director of Planning, Economic and Community Development for the town of Bridgton, where she worked with the Planning Board on permitting needs for a medicinal cultivation operation, and had conducted research on allowances and limitations for local land use regulation of medicinal marijuana. She was also the Director of Planning and Development for the Town of Bar Harbor for 9 years. Anne has been an active member of the Maine Association of Planners (MAP) since 2003, was the recipient of the 2007 Plan of the Year Award for MAP, and was the Conference Chair for the 2015 Northern New England Chapter of the American Planning Association Conference in Portland, Maine. She has presented at regional and national conferences, speaking on a wide range of planning and development topics. Before moving to Maine, Anne worked as the town planner in the towns of Reading and Danvers, Massachusetts and also worked in the private sector in campus and facility planning, environmental permitting, and site plan development. She is a graduate of the School of Landscape Architecture at the SUNY College of Environmental Science at Syracuse University, and has been a member of the American Institute of Certified Planners since 1997. Emile Clavet, Entrepreneur Emile Clavet is a lifelong Mainer, currently living on the coast of Harpswell. He Studied economics at the University of Southern Maine and American University and proceeded to become a talented financial advisory. With the “wealth” of knowledge he gained during the early years of his career, and with the support of family and friends, Emile branched into becoming, in his own words, a serial entrepreneur. Over the last 20+ years he has acquired or created businesses in hospitality, manufacturing, real estate, healthcare, and energy sectors. In 2014 his energy company, Provider Power, became Inc. 500’s fastest growing energy company in the US. This success can be attributed to many bridges of growth along the way that contributed to his driving motivation to turn failures into opportunities and to learn from mistakes made. All his experiences with businesses, gadgets, people and innovation has led Emile to be a great learner as well as teacher. He actively engages with others to promote good ideas, personal growth, wealth management and sometimes even an interesting history lesson. His four grown children and wife can attest to his tireless enthusiasm for “try until you succeed” and “the key to personal success is to show up to the party.” More than succeeding at his own goals, Emile is proud that he has been able to contribute to the state of Maine’s economy by employing people with good jobs, encouraging others to embrace leadership skills 1 and innovating thinking, and giving back to the needs of his community. He volunteers his time on community boards, gives talks to motivate young entrepreneurs and even runs marathons occasionally. Emile is also a talented artist and plans to get back to his easel with more regularity when he decides capitalism can take a back seat. Pete DuFour Peter began his tax career in 2000 as an attorney at Hill & Barlow in Boston, where he focused his practice on mergers and acquisitions and tax planning for large corporations and high-net worth individuals. Following the dissolution of that firm in 2003, Peter moved back to his home state of Maine and accepted a position in the tax department at Macpage, LLC, where he later earned his CPA designation. In the twelve years he spent at Macpage, Peter had the opportunity to design and implement the firm’s paperless system, as well as serve as a Director and Chair of the tax department for many years. Prior to his career as a tax attorney and CPA, Peter served as a math teacher in the Peace Corps in Zimbabwe (1991-94), and later worked as a math teacher at Hebron Academy (1994-96). Peter, along with his co-founders Walker and Kelly, founded Dufour Tax Group, LLC on January 1st, 2015 with a sole mission to provide strategic and comprehensive tax planning and compliance services to businesses and individuals worldwide. Peter is a graduate of the University of Maine, with a B.S., with high distinction, in Applied Mathematics. He earned his dual Law degree, cum laude, and M.B.A. at Boston College. Marc Fishman Marc Fishman has 25 years’ experience as owner and operator of Fishman Realty Group, a division of Keller Williams Realty & KW Commercial working in all facets of commercial, investment & residential real estate sales & leasing. Marc has the experience and skills to analyze performing versus non- or underperforming properties. He has successfully negotiated over $200 million in commercial & investment sales and leases. Marc owns & manages commercial, mixed use investment properties and strongly believes in the principals of Cash on Cash – Return on Income. Marc specializes in Cannabis related site selection & consultation with cultivators, labs, medical practices, retailers, extractors and also works closely with related municipal officials, lawyers, lenders, insurance providers & accountants in this industry. He has built 3 large facilities from raw space, consults with State Licensed dispensaries and large caregivers on floor plans, equipment and implementation. He has expertise in strategic vision with operations, sourcing project management, and construction management. . He is certified as an ECO-Broker, certified Energy SMART REALTOR and takes monthly continuing Real Estate education classes. Additionally, he is a member of Maine Commercial Assoc. of Realtors, Maine Real Estate & Developers Assoc. (MEREDA), and the Greater Portland Landlords Association. 2 Emily Isler Emily Isler is owner of Tree Tap Extracts Inc., a maple sugar product company, and Center Valley Farm Inc. She graduated from SUNY Geneseo with a BA in Anthropology. Emily worked in Cultural Resource Management Archaeology before transitioning to caregiving and farming on her organic farm in Jay. Hannah King Hannah King is an attorney with Drummond Woodsum, a full service law firm with offices in Portland, Maine and Portsmouth and Manchester, New Hampshire. Through her regulated substances practice, Attorney King advises local municipalities, medical dispensaries, and entrepreneurs on medical and adult use marijuana regulatory and licensing issues. She also advises tribal clients across the country looking to enter the cannabis space on business strategy and development of tribal regulatory regimes. Attorney King has been involved in drafting proposed legislative changes to Maine's Marijuana Legalization Act and the Maine Medical Use of Marijuana Program. She is also a member of The ArcView Group, a national cannabis angel investment platform, and serves on the 15 member selection committee, where her responsibilities include vetting investment opportunities in all aspects if the cannabis industry for consideration by ArcView members. Attorney King has been a mentor presenter at Canopy, a business accelerator and venture fund for the cannabis industry. Her involvement in the cannabis industry at the state and national level has provided her with an unmatched understanding of the local and national status of cannabis legalization giving her clients an advantage in a dynamic and rapidly changing industry. Jacques Santucci Jacques Santucci is the Principal of Opus Consulting Group, a business management consulting firm in Portland, Maine. Opus Consulting Group specializes in Business Strategy and Management, Business Advisory and Corporate Renewal, helping companies and business owners regardless of size or industry. With a career focused on financial management, strategy, turnaround and performance improvement, he has a proven track record of creating value for stakeholders. His experience spans a broad range of industries, including retail, wholesale distribution, technology, financial services, construction, and nonprofit. In addition to his work with clients at OpusCG, Jacques Santucci is a co-founder of Wellness Connection of Maine, the state’s largest group of medical marijuana dispensaries, serving over 10,000 registered qualified patients a year, with a staff of over 80 employees. Santucci began his career at Ernst &Young and then at Universal Pictures in Paris, France. Jacques has worked for international groups in Europe and in the USA. Since moving to Maine in 1999, Jacques has held several executive positions, notably, turning around the newly acquired US operations of an international yacht charter company, and serving 3 as CFO of a multi-entity private capital firm that he helped recapitalize. He was also the President of the Maine chapter of the Turnaround Management Association from 2011 to 2013 and in 2016. Jacques holds a business degree, equivalent to an MBA, from EDHEC School of Management in Lille, France with a concentration in Finance. In the Portland area, Jacques is an avid community participant, as host and producer of a weekly radio show on WMPG, the Greater Portland community radio. He also serves as a board member for several non-profit organizations, including the Center for Wellness Leadership, a non-profit organization involved in educating communities and medical practitioners about alternative and natural medicine and conducting research and providing grants and donations to organizations in support of healthier communities. 4 Hannah E. King Attorney 207.253.0598 Direct 207.772.3627 Fax 84 Marginal Way, Suite 600 Portland, ME 04101-2480 hking@dwmlaw.com Hannah King is a member of the School and Local Government Group and the PRACTICE AREAS Regulated Substances Group. In both practice areas Hannah advises on and litigates School & Education complex regulatory matters. Special Education Hannah's school law practice includes special education, employment and labor, and Disability Law general school law, with a concentration in special education and disability rights law, Employment & Labor Regulated Substances Indian Law Tribal Business Enterprise Group and legal issues involving student rights. She has advised both public and private schools on a variety of issues, including disability rights, anti-discrimination laws, student and parent handbooks and employment issues. Hannah has represented school districts in special education due process hearings, state complaint investigations, and in federal Office for Civil Rights investigations, as well as in a variety of civil lawsuits. Hannah has also practiced in both federal and state courts, including cases before the First Circuit Court of Appeals and the U.S. District Court. Hannah EDUCATION University of Maine School of Law, J.D., cum laude, 2009 Prescott College, B.A. regularly presents at a number of at school law conferences across the State, has presented at a nation conference on Title IX issues, and has been an instructor for a graduate level school law course for the University of Southern Maine. Hannah is also a member of the regulated substances practice group. Her unmatched understanding of the local and national status of cannabis legalization gives her clients BAR & COURT ADMISSIONS an advantage in a dynamic and rapidly changing industry. Hannah advises local Maine municipalities, medical dispensaries, and entrepreneurs on medical and adult use Alaska marijuana regulatory and licensing issues. She also advises tribal clients across the U.S. District Court, District of Maine country looking to enter the cannabis space on business strategy and development of U.S. Court of Appeals for the First Circuit for Regulating Marijuana, a collection of Maine professionals advocating for safety, tribal regulatory regimes. Hannah is an advisory board member of Maine Professionals quality, and transparency in the marijuana industry, and has been involved in drafting proposed legislative changes to Maine's Marijuana Legalization Act and the Maine Medical Use of Marijuana Program. As a member of The ArcView Group, a cannabis angel investment platform, 15 member selection committee, Hannah vets investment opportunities in the cannabis industry for consideration by ArcView members. She has 800.727.1941 dwmlaw.com been a mentor presenter at Canopy Boulder, a business accelerator and venture fund for the cannabis industry. In her labor and employment practice, Hannah counsels employers on achieving and maintaining compliance with federal and state employment laws, the development of personnel policies, and employment contracts. Hannah also conducts investigations for employers into a variety of matters including employee misconduct, discrimination and sexual harassment complaints. Before coming to Drummond Woodsum, Hannah worked as an Assistant Public Defender with the Alaska Public Defender Agency where she practiced in both the trial and appellate units. She represented clients in Superior Court against the most serious criminal charges, and argued cases before the Alaska Court of Appeals. She was named "2011 New Litigator of the Year" by the Alaska Public Defender Agency. While in law school, Hannah served as Editor-in-Chief of the Ocean and Coastal Law Journal and co-chair of the Environmental Law Society. She received the 2009 Edward S. Godfrey Leadership Award and the 2009 Award for Outstanding Scholastic Achievement in Environmental and Marine Law. MEMBERSHIPS • Maine State Bar Association COMMUNITY/PUBLIC SERVICE • Coastal Studies for Girls Board of Trustees 800.727.1941 dwmlaw.com Edward (Ted) J. Kelleher Attorney 207.253.0587 Direct 207.772.3627 Fax 84 Marginal Way, Suite 600 Portland, ME 04101-2480 tkelleher@dwmlaw.com Ted Kelleher is a business, transactional, and real estate lawyer with broad experience PRACTICE AREAS representing a diverse variety of businesses. Over the close to twenty five years he has Business & Corporate been practicing at Drummond Woodsum, he has been a trusted advisor to companies Restaurant, Hospitality, Specialty Food and Beverage both large and small, ranging from start-ups to large, long established, national businesses. He has counseled clients on business sales and acquisitions, commercial loans, equity financings, real estate transactions, intellectual property issues and many Immigration other transactional and contract matters. Affordable Housing & Community Development Ted heads the firm's Regulated Substances Practice, which focuses on consumer Regulated Substances Indian Law Tribal Business Enterprise Group products industries with heavy regulatory oversight, in particular brewing, distilling and the newly emerging marijuana industry. Ted is widely recognized as one of the preeminent business and regulatory lawyers for marijuana related businesses in New England. He has represented dispensaries, Native American tribes, investors, landlords and property owners and municipalities as they try to navigate the complex and quickly changing world of marijuana laws, regulations and business transactions. A thought EDUCATION Northwestern University Law School, J.D., with honors, 1991 University of Massachusetts at Amherst, M.S., 1988 University of Notre Dame, B.A., magna cum laude, 1986 leader in this industry, he has spoken widely about marijuana legal and business issues to a variety of civic and business groups. Working closely with attorneys in our nationally recognized Indian practice, Ted has counseled Indian tribes across the nation as they consider and explore tribal cannabis enterprises. Ted is also one of leading experts in New England on the use of federal tax credit programs in the development of real estate projects. In particular, Ted is recognized as a leader in the field of developing affordable housing using the federal Low Income Housing Tax Credit program. He has successfully represented private and non-profit BAR & COURT ADMISSIONS Maine developers in the financing and construction of hundreds of units of affordable housing in Maine, New Hampshire and elsewhere in the United States. He also has deep expertise in the use of historic rehabilitation tax credits and the New Markets Tax Credit program. Ted is a member of the South Portland Zoning Board of Appeals, and previously served as an elected member of the Peaks Island Council. 800.727.1941 dwmlaw.com AWARDS • Martindale Hubbell, BV Distinguished • Katahdin Counsel, Honoring Pro Bono Legal Services in Maine (2012) MEMBERSHIPS • Maine State Bar Association, Intellectual Property Section Chair • Maine State Bar Association • Maine Bar Journal Editorial Advisory Board Member COMMUNITY/PUBLIC SERVICE • Maine Humanities Council Board of Trustees • CASA, Inc. Board of Directors Member • South Portland Zoning Board of Appeals Member • Peaks Island Council Former Elected Member 800.727.1941 dwmlaw.com