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2nd-quarter cannabis MSO earnings ‘not terrible,’ analyst says

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The nation’s largest cannabis multistate operators reported a slowdown in revenue growth in the second quarter, which ended June 30, with efforts to cut costs offset by oversupplied state markets.

Wholesale marijuana price compression continues to plague the industry in some states, including Arizona, Florida, New York, Ohio and Pennsylvania.

Also, the slow pace of reform at the federal and state levels is stunting growth opportunities, according to operators and analysts. (Although the recent news that health officials in the Biden administration recommended that marijuana be reclassified from a Schedule 1 substance to Schedule 3 is encouraging for the industry.)

Many MSOs cut costs in recent quarters, promising to “optimize” operations to generate cash and avoid borrowing at high interest rates.

But those efforts could also have slowed growth, said equity analyst Jesse Redmond, the head of the cannabis sector at Florida-based Water Tower Research.

Still, the top six MSOs generated an average of 1.6% quarter-over-quarter revenue growth and 6.5% quarter-over-quarter adjusted earnings before interest, taxes, depreciation and amortization (EBITDA) growth, Redmond said.

“It shows we’re seeing a little bit of growth from new stores in existing states, because not much exciting has turned on and because of some improving prices, especially in California.”

But prices aren’t improving or stabilizing everywhere quite yet – one example of how fragmented state markets make it increasingly difficult to generalize about MSO performance, Redmond warned.

Core market focus, managing challenging states

Chicago-based Cresco Labs and New York-headquartered Columbia Care – whose planned merger was called off in July – both reported less-than-stellar results for the second quarter.

Cresco’s revenue fell by more than 9% in the second quarter year-over-year, and Columbia Care’s year-over-year revenue results were flat.

Cresco’s net loss was $43.5 million, widening from $27.8 million in the first quarter and $8.3 million year-over-year.

Charlie Bachtell, founder and CEO of Cresco Labs, said the company is focused on its core markets, stores, brands and products while winding down poorly performing assets in California and Maryland as well as cutting corporate costs.

“Our commercial team in Illinois is now leaner than it was before adult use began in 2019,” he said on the company’s second-quarter earnings call.

“And, yet, the team is generating 10 times the revenue and has maintained our No. 1 market share in the state.”

Executives at Florida-based Trulieve Cannabis, which has a large presence in Arizona, told investors on its second-quarter earnings call that the heat wave in the state this summer could put pressure on its top-line results in the third quarter.

In the second quarter, fierce competition and price compression impacted Trulieve’s business in Florida, where more than half of its total presence is concentrated.

The company has donated nearly $40 million toward the state’s campaign for adult-use legalization.

“While we see upside on Trulieve – as we do all our U.S. coverage due to current technical factors weighing on multiples – over the longer term, relative to many peers, we struggle to get any real conviction,” Owen Bennett, senior vice president of equity research at New York-based financial services company Jefferies, wrote in an Aug. 15 email newsletter.

According to Bennett, the company’s efforts to expand in Florida aren’t gaining traction so far.

Plus, competitors such as Ayr Wellness, Curaleaf Holdings and Verano Holdings are expanding there as well.

Not all doom and gloom

Redmond hosted an informal poll on X, the social media site formerly known as Twitter, asking industry watchers which of the following companies reported the best earnings results:

  • Glass House Brands, based in California.
  • Green Thumb Industries, based in Chicago.
  • TerrAscend Corp., which has offices in Canada and Pennsylvania.
  • Verano Holdings, headquartered in Chicago.

His followers overwhelmingly chose Green Thumb, which he said is likely because the company consistently reports a profit – $13 million this quarter – and respectable growth, though its year-over-year revenue was nearly flat.

Redmond said Verano’s nearly 5% year-over-year revenue growth was notable, particularly because the company has been overlooked stemming from its sizable unpaid tax balance and its restated financial results from converting to generally accepted accounting principles (GAAP).

“But people forgot that they’re really good operators, they have great margins and they’re in the right states,” Redmond said.

On Verano’s second-quarter earnings call, Chief Financial Officer Brett Summerer said the company’s cash flow from operations was $24 million, even as it decreased its income tax payable balance of $227 million.

TerrAscend’s results were also a highlight, Redmond said, with revenue growing 12.5% year-over-year and more than 4% from the previous quarter.

Results from Glass House (GLASF, over-the-counter markets), a Southern California cultivator, demonstrated how prices are rebounding in that state due in part to companies not renewing their licenses and exiting the industry.

“Exogenous factors have helped, including ongoing extinctions and distress for many of GLASF’s competitors, but solid execution on the ramp of its SoCal cultivation assets remains the principal growth driver,” analyst Bobby Burleson, managing director at Toronto-based investment bank Canaccord Genuity, wrote in an Aug. 15 email newsletter.

As for future opportunities, multiple MSOs cited Maryland and its new adult-use market, which launched in July, as one of the most promising highlights of the year.

Both Green Thumb and Verano also are well-positioned in Ohio, where voters will weigh in on adult-use legalization in November.

Still waiting on federal reform

Marijuana reform at the federal level remains the most significant growth catalyst that could reignite investor interest in the sector and ease the steep federal tax burden of Section 280E.

U.S. cannabis stocks rebounded last Wednesday on the news that Assistant Secretary for Health Rachel Levine sent a letter to the head of the Drug Enforcement Administration recommending that marijuana be rescheduled from Schedule 1 of the Controlled Substances Act to Schedule 3 – a move that would offer wide-ranging tax benefits for MSOs, among other things.

Still, executives at many MSOs said they would continue to operate under the assumption that federal reform of any kind won’t happen any time soon.

Source: https://mjbizdaily.com/2nd-quarter-earnings-for-cannabis-multistate-operator-earnings-not-terrible/

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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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