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10 marijuana industry trends to watch for in 2023

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The new year brings renewed optimism and hope for the marijuana industry, which could see a raft of impactful trends for cannabis business executives.

Overall, 2022 was a tough year for the cannabis industry, with macroeconomic headwinds including inflation as well as industry-specific obstacles such as overproduction and a lack of capital investment.

Looking ahead, the marijuana market can expect, to name a few:

  • A prolonged slowdown of mergers and acquisitions.
  • Calls for moratoriums in mature markets struggling with too much supply.
  • Product segmentation at the retail level as consumers become increasingly sophisticated in buying habits.

Here are the top 10 marijuana industry trends to watch for in 2023, as determined by MJBizDaily staffers:

1. Major consolidation in key markets

After the boom times during the COVID-19 pandemic lockdowns, the cannabis industry doesn’t appear as recession-proof as it once did.

Companies in mature recreational markets such as Colorado and Washington state are struggling with falling prices.

Other markets such as Michigan and Massachusetts – which are on the younger side for adult-use sales – have already reached a saturation point.

In response, ancillary and plant-touching companies alike are cutting employees.

Despite the cost-cutting measures, many companies will still fail this year, licenses will be absorbed by bigger, corporate-style businesses and only the most-cost-efficient players will survive.

2. Mergers and acquisitions grind to a halt

In 2022, M&A activity slowed dramatically, and with ongoing reports that access to capital has all but dried up across the U.S., the trend is sure to persist.

There was a period where MJBizDaily frequently reported on company deals above $100 million. But those are now few and far between.

Many deals in 2022 that we covered were below $25 million.

Even the value of all-stock or partly stock deals agreed upon last year has fallen significantly, along with the stock market.

It’s not likely that trend will turn around.

3. Delta-8 THC remains a burr in the industry’s saddle

Almost every state-legal marijuana market made some type of rule to govern delta-8 THC in the past year.

States with limited or no legal marijuana markets – and even those with robust laws – saw delta-8 products proliferate nearly unregulated, providing a major source of competition for the licensed industry.

According to the 2018 Farm Bill that legalized nationwide hemp production as well as hemp “derivatives” and “extracts,” cannabinoids made from extracted CBD are legal as long as the plant where they began met the legal definition of hemp.

So it’s no violation of the U.S. Controlled Substances Act to extract CBD from a hemp flower and then put the CBD through a manufacturing process.

Without any change to the law, and that’s unlikely, the delta-8 market is likely to continue as iswhich is a major headache for the cannabis industry.

4. THC potency obsession and lab shopping draw more attention

The issue of the industry’s obsession with THC potency will finally come to a head.

A long-running problem, the potency issue really bubbled up in 2022, with testing laboratories being sued for misrepresenting THC numbers as well as state regulators from Florida to Nevada moving to fine and suspend labs for violations.

Industry watchers hope this could lead to less lab shopping and better consumer education on the many other beneficial components of the cannabis plant.

That, in turn, could shift the focus of the industry away from cannabinoid content.

5. Calls for moratoriums grow louder

As growers in mature markets experience price compression and oversaturation while more cultivation capacity comes online, some are calling for help from state governments.

Companies in states such as Colorado and Michigan are asking state regulators to step in and put a moratorium on new licensing.

It remains to be seen what the effects of such artificial market controls have on business success.

Similar action in Oregon a few years ago did not solve that market’s overproduction problem.

6. Product segmentation and consumer sophistication at the retail store

Flower sales will continue to grow in virtually every market, but flower is losing market share to other products such as vapes, concentrates and edibles as consumers become more sophisticated.

Frequent users are not replacing flower with other products but, rather, are smoking flower at the same rates while adding other form factors into their consumption habits.

Live resin will continue to be popular as a consumer-favorite extract, both as a stand-alone concentrate and as something infused into pre-rolls, cartridges and edibles.

The product is becoming more popular than distillate, and distillate, while not exactly disappearing, will decline in appeal in the face of live resin preferences.

New consumers make up only 6% of the cannabis market and don’t spend that much money, according to Chicago-based cannabis analytics firm Brightfield Group.

Rather, most sales come from frequent marijuana users: 47% of cannabis users consume multiple times daily, 17% consume once per day and 10% consume five times per week or more.

That trend will only roll on.

A couple of other segments to watch:

  • Sales of infused pre-rolls have grown by a multiple of 5 since January 2020, according to data-analytics firm Headset.
  • Vapes have not only bounced back from the 2019 vape crisis, but they also are now the No. 2-selling marijuana item.

7. New York will struggle to contain the illicit market after launch of recreational cannabis

The conventional wisdom has long been that it’s easier to order cannabis delivered to your New York apartment than it is to order a pizza.

Couple that with the exuberance entrepreneurs showed this year in the state by setting up pop-up cannabis shops, unlicensed dispensaries and vans selling marijuana out of their backdoors, and the licensed market has its work cut out for it.

The state is trying to think outside the box to distinguish between licensed and illicit cannabis companies, but slapping a QR code on a store window likely won’t be enough.

To lure consumers away from the illicit market, regulators will need to make business conditions friendly and keep taxes low.

Simply leaning on the safety and testing of licensed products won’t cut it.

8. Canada business woes might be cut short

In recent years, large Canadian companies have been selling cannabis at a loss, losing billions of dollars and undercutting competitors in the process – with the help of Wall Street financing.

That trend might come to an end if Wall Street’s easy money runs dry, forcing large companies to sink or swim on their own.

On the cultivation front, Canada has produced far more cannabis than it can sell. That won’t change in 2023, but inventory might peak and start falling thereafter.

By way of retail, some stores have started closing in certain provinces, particularly in parts of oversaturated urban markets.

Retail consolidation and closures will continue, but despite that, more stores will continue to open in other places. Expect a net gain in stores.

9. Unionization efforts will see sustained success

Unionization of the cannabis industry will continue.

Organizers such as the United Food and Commercial Workers and the Teamsters view the cannabis industry as ripe for their efforts, considering it’s one of the largest industries in the United States with abundant growth.

In Canada, labor organizers say unionization and strikes among cannabis retail employees are being driven by worker concerns including low pay and health and safety issues.

Not all cannabis companies are friendly to union efforts, so expect to hear about more fights between workers and businesses.

10. Legalization efforts redouble after mixed success of 2022

Marijuana legalization’s momentum hit a red wall in conservative states in the South and West, but the 2022 election did bring victories in Maryland and Missouri.

On the federal front, industry watchers were hopeful for the incremental success of banking reform. That didn’t happen, but this year will bring another opportunity.

Of course, the ultimate goal is federal legalization, and President Joe Biden’s announcement that his administration would review whether marijuana should remain a Schedule 1 drug is going to put wind in the sails of advocates and reformers.

Also worth watching are the states that failed to legalize via their legislatures in 2022, including, Delaware, Kansas and North and South Carolina.

Source: https://mjbizdaily.com/10-cannabis-industry-trends-to-watch-for-in-2023/

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New Mexico cannabis operator fined, loses license for alleged BioTrack fraud

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New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.

The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.

Golden Roots operates the The Cannabis Revolution Dispensary.

The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.

The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.

Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.

After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.

In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.

The company requested a hearing, which the regulator scheduled for Sept. 1.

At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.

Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.

Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.

The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:

Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.

Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/

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Marijuana companies suing US attorney general in federal prohibition challenge

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Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.

According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”

Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.

The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”

The companies want the case to go before the U.S. Supreme Court.

They hired prominent law firm Boies Schiller Flexner to represent them.

The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.

Similar challenges to the federal Controlled Substances Act (CSA) have failed.

One such challenge led to a landmark Supreme Court decision in 2005.

In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.

In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.

Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.

“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.

“Moreover, the facts on which those precedents are based are no longer true.”

Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”

While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.

“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”

Source: https://mjbizdaily.com/marijuana-companies-suing-us-attorney-general-to-overturn-federal-prohibition/

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Alabama to make another attempt Dec. 1 to award medical cannabis licenses

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Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.

The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).

Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.

Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.

That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.

Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.

Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.

A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.

Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/

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