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As marijuana break-ins skyrocket in California, business owners take action

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Security cameras captured break-ins at SOG Army, which runs cannabis cultivation and distribution operations in California. (Photos courtesy of B.J. Hughes)

Like most marijuana business owners he knows in California, Sebastian Maldonado’s vertically integrated cannabis company, Delta Boyz, has been burglarized repeatedly.

Maldonado, a Delta Boyz co-owner, estimates the company – which operates a store, distribution center and cultivation facility south of Sacramento, in Isleton – has suffered $1 million in stolen product over the past three years.

Instead of improving, however, the 2 a.m. alarms, broken doors, busted locks and pilfered high-end cannabis Maldonado later sees fenced on Instagram has worsened.

Four incidents occurred in March alone at Delta Boyz: three attempts and one successful break-in, according to Maldonado.

Despite ample security footage and alarms that immediately notify police of a burglary in progress, only one of those incidents resulted in an arrest.

Across California, burglaries continue to plague licensed cannabis businesses with near impunity – sometimes with deadly results.

The ongoing crime wave is forcing business owners to spend thousands of dollars a month on security measures.

Moreover, the growing rash of unsolved crimes is ringing alarm bells among cannabis executives, who are concerned about the negative impact on the state’s legal industry.

According to state data obtained by MJBizDaily, reported break-ins and burglaries at California cannabis businesses more than doubled from 2021 to 2022.

This year, according to multiple interviews, the crimes have become more sophisticated, with break-in crews armed with sophisticated tools appearing at distribution warehouses that don’t have a publicly listed address.

That’s led business owners to suspect an “inside job”: someone currently or formerly employed in the industry, who would know where to go and what to look for, and whose identity would be in the state-mandated database of qualified cannabis employees.

But since the break-ins have continued and law enforcement has made few arrests, frustrated and exhausted business owners say they’ve been forced to take matters into their own hands.

On Thursday, a coterie of at least a half-dozen licensed cannabis businesses, including Cookies-branded Berner’s on Haight in San Francisco, will make a public appeal.

They’ll offer reward money for information that leads to any arrests, as well as an ultimatum: If authorities cannot stem the tide of break-ins, the marijuana legalization experiment is at risk.

And it’s only a matter of time before more people are seriously hurt or killed, they say.

Getting worse

Industry officials say the break-ins at licensed cannabis businesses in California gathered momentum during the chaos and confusion of the May-June 2020 protests that followed George Floyd’s murder.

Since then, the break-ins have risen rapidly after COVID-19 pandemic lockdowns were lifted, according to state data.

In 2022, licensed businesses in California reported 329 break-ins or burglaries with losses, according to California Department of Cannabis Control figures provided to MJBizDaily.

That’s more than double the 147 burglaries reported in 2021.

The worst-hit counties were Los Angeles, the state’s most-populous, with 111 reported incidents.

Alameda County, home to cannabis-friendly cities Berkeley and Oakland, had 52 reported incidents.

Through March 24 of this year, 85 break-ins had been reported to the DCC, according to state data.

Many break-ins follow a pattern, with several carloads of individuals showing up at businesses in the wee hours.

Several have been described as “brazen,” with security gates pulled from their frames by vehicles.

That’s what happened last month at Reese Benton’s Posh Green, one of the few San Francisco marijuana businesses owned by a Black woman.

San Francisco police confirmed the break-in at Posh Green. No arrests have been made.

It’s unclear how many break-ins result in arrests. That data is not kept by the DCC.

At least several times, break-ins have turned fatal.

Individual law enforcement agencies, including the Sacramento County Sheriff’s Office and San Francisco police, did not immediately respond to requests for comment about their approach to such crimes.

But among licensed business owners, the near-universal belief is that law enforcement simply does not prioritize crimes against marijuana businesses.

“No police in any jurisdiction has helped at all,” said B.J. Hughes of SOG Army, which runs cultivation and distribution operations in Santa Rosa, in Sonoma County, and Redding, in Shasta County.

In both places, he says, police response times were appallingly slow, and law enforcement seemed uninterested in pursuing a case.

After a recent break-in in Santa Rosa, Hughes said, police responded 25 minutes after the first alarms were triggered.

In Redding, he said, the response time was 40 minutes.

Hughes said he provided security-camera footage with license plate numbers to police, but no arrests have been made.

Even after he hired a private investigator who identified a potential perpetrator – whom Hughes believes might have been formerly employed by a licensed distributor who had visited his facility – police “did not care to follow up,” he said.

“Nobody gives a s***,” he said. “They just feel like this is the cost of doing business.

“We can’t make the police do anything.”

Arm yourself

The problem is worsening despite widespread awareness, with security footage showing gangs of hooded burglars loading up cars with cash and product appearing on the evening news.

At the suggestion of law enforcement, Maldonado hired 24-hour security guards armed with semi-automatic AR-15 rifles.

The monthly tab is $20,000 per month, which “eats away at our margins,” he said.

And Maldonado is well aware of the risk of a shootout, which could lead to him losing his business licenses.

“It’s just an absolute nightmare,” he said.

Even with well-armed guards, the break-ins have continued.

After he lost $250,000 during a late-January heist, carloads of burglars showed up four times in March, Maldonado said.

Sacramento County sheriff’s deputies made an arrest – and that was only after Delta Boyz took matters into its own hands.

After a March 5 break-in, Maldonado said, “we followed one of the cars full of our weed” all the way from Isleton to the Sacramento city limits, about a 45-minute drive on twisty country roads and Interstate 5, he said.

Waiting sheriff’s deputies intercepted the alleged burglars at a highway off-ramp and arrested them, but even then, Maldonado didn’t recover any losses:

The stolen product is sitting in a sheriff’s department evidence locker, getting stale, he said.

Inside job

In San Francisco, burglars hit Sunset Connect – a social equity-licensed distribution and manufacturing facility in the city’s semi-industrial South of Market district – in the wee hours of March 29, according to owner and founder Ali Jamalian, who shared security-camera footage with MJBizDaily.

Located next to one of the many auto-body shops in the area, Sunset Connect’s address isn’t publicly listed, either on the state DCC’s database or via aggregators such as Weedmaps that advertise marijuana retailers.

From the street, the business looks low-key: a matte-black paint job over bricks and a roll-down steel gate with zero signage.

Both the expansion of burglaries of retailers and the burglars’ conduct is indicative of an “inside job,” Jamalian said.

“It’s definitely someone from within the industry that’s doing these hits, or formerly part of this industry,” he said.

“I think that is obvious by the way they move through our facilities. They know what to look for.”

‘Needs to be addressed’

On Thursday, Jamalian and several other San Francisco business owners whose dispensaries or warehouses have been robbed – including a location of Stiiizy, where armed assailants kidnapped an employee and drove him across the Bay Bridge to Oakland and back before forcing him to open locked areas – will make a public appeal for better law enforcement response as well as attention from elected officials.

If politicians prioritized defending marijuana stores, police response times would improve, said Wesley Hein, president of the Cannabis Distribution Association, which advocates for the 1,000-plus licensed distributors in California.

“The problem is not insurmountable … but on aggregate, this has not been prioritized,” he said, noting a common complaint: Cannabis businesses do not enjoy the public services they should considering the steep taxes they pay, with local sales and excise taxes heaped upon state excise taxes.

“This industry deserves better services across the board,” he said.

“This needs to be addressed now.”

Source: https://mjbizdaily.com/california-cannabis-operators-take-action-as-break-ins-skyrocket/

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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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