Business
Assault charge could tarnish image of Ascend, entire cannabis industry, consultants warn
If Abner Kurtin, founder, CEO and chair of cannabis multistate operator Ascend Wellness Holdings. is known for anything, it’s being outspoken.
In January, after MedMen Enterprises failed to close Ascend’s acquisition of its New York license, prompting a lawsuit, Kurtin posted a series of tweets taking aim at the Los Angeles-based company.
“As New York and other states adopt adult-use cannabis, MedMen’s actions send the worst message – namely, that certain cannabis companies cannot be trusted to keep their word,” Kurtin wrote on Jan. 3.
“MedMen has chosen to disregard the authority of New York regulators.”
In March, he called MedMen management “criminals,” telling Business Insider that “this is an attempt to extort Ascend for a higher price. They want to make a buck.”
A MedMen lawyer said, “… we won’t be responding to nonsense,” according to Business Insider.
Just recently, after the companies agreed to settle on $88 million for the sale, New York-headquartered Ascend walked away from the deal.
Kurtin also has been an outspoken social justice advocate, with Ascend having donated more than $1 million to Last Prisoner Project, a nonprofit that works to support people convicted of marijuana crimes.
On his LinkedIn profile, Kurtin describes himself as a “Libertarian on a quest to end mass incarceration of non-violent criminals.”
But the Ascend exec has been quiet since being charged with battery earlier this month after a witness in Miami reported a physical altercation allegedly involving Kurtin and his girlfriend.
Kurtin even deactivated his Twitter account – but not before he posted (and subsequently deleted) a series of three photos with the hashtag, #Potstocks:
- The first was a photo of Kurtin and the alleged victim, cuddling and smiling.
- The second and third photos showed an affidavit of non-prosecution, signed by the alleged victim, requesting a “complete dismissal of these charges because there was no physical violence in the case.”
A hearing is scheduled for Sept. 30; in the meantime, Ascend Wellness Holdings (AWH) is conducting its own investigation.
“While the company cannot comment on an active investigation, it is treating this matter with the utmost seriousness and will continue to evaluate appropriate steps as more information becomes available,” Ascend said in a news release.
“The independent members of the board are keenly attuned to the company, its shareholders, and employees, and the management team is focused on ensuring AWH continues to operate effectively during this time.”
Neither Kurtin nor Ascend responded to MJBizDaily requests for comment.
‘This is serious’
Marijuana business consultants contacted by MJBizDaily agreed that the company’s investigation shows that Ascend is taking the matter seriously.
Sara Gullickson, founder and CEO of The Cannabis Business Advisors in Phoenix, said that publicly traded cannabis companies require exemplary behavior from executives.
“The marijuana industry has touted itself as a place for the underdog, a place for activists and a place for women,” she said. “As a woman CEO and as somebody that helped build the industry for the last 13 years, this is serious.
“Not only is it serious for their board and their (retail) outlets, but it’s serious for their shareholders.”
Potential investors will not only examine the financials of a company but also the people managing it, Gullickson said. And cannabis is still illegal in many regions.
“Right now, we’re working in the South, and some of our clients are nervous to bring it up to their other business partners because it’s still a taboo industry,” she said.
“We need people that are going to uphold the industry in a way where it becomes less of a taboo.”
As Ascend’s board continues its investigation, shareholders will be a priority, although court proceedings could also affect how the board responds, Gullickson said.
“Depending on what the outcome is, in certain jurisdictions, it could be cumbersome for them (to get licenses to expand),” she noted.
Allegations are only one problem
Avis Bulbulyan, the CEO of California-based consulting firm Siva Enterprises, said Ascend’s investigation will have to be thorough.
“Firing him could lead to other legal liabilities between him and the board and the company,” Bulbulyan said. “You kind of need it to play out.”
While the allegations are deplorable, Bulbulyan added, it could be less significant on a business level than other issues the company is facing.
“None of the publicly listed companies are doing too well right now,” he said. “I think they (Ascend) have other issues that are more concerning with respect to the company itself.”
Chief among those issues are debt and a focus on vertical integration – without an understanding of how to drive consumer loyalty long term.
This year in New Jersey, for example, Ascend launched adult-use sales at what were once medical marijuana dispensaries exclusively serving MMJ patients.
But Bulbulyan isn’t convinced the company can retain those customers if more licenses are issued, if interstate commerce is allowed or if cannabis is rescheduled in the near future.
“Customers are actually waiting and anticipating and begging for more options,” he said. “And as soon as they’re given more options, they’re all going to bail.”
Shares dip
Until recently, investment consultant Jesse Redmond, the creator of cannabis investment website Green Giants, was betting on Ascend.
“Ascend has one of the best footprints of any U.S. operator,” he told MJBizDaily via email, referring to the company’s operations in five states.
“Revenues are accelerating in 2022, largely due to their three stores and expanding cultivation in New Jersey.
“This, combined with one of the cheaper valuations of any top-10 MSO, made them one of the more attractive cannabis stocks.”
But after news broke about the charge against Kurtin, Redmond decided to sell his Ascend stocks.
Even though the case hasn’t been tried and Ascend’s investigation isn’t complete, the allegations still tainted Redmond’s view of the MSO’s management.
He also doubts the company can attract the institutional investment he previously was banking on.
“After this incident, I don’t expect large allocators to invest,” he said. “We are seeing selling by blue-chip funds.”
As of Sept. 20, shares in Ascend were $1.80, down nearly 25% from a Sept. 6 share price of $2.39.
As shareholders and the industry wait for the outcome of Kurtin’s pending court proceedings and Ascend’s investigation, Redmond said he isn’t concerned that the company’s expansion plans will be compromised in the meantime.
“Not in the near term,” he said. “They have other strong leaders that can execute current initiatives.”
Source: https://mjbizdaily.com/abner-kurtin-assault-charge-could-tarnish-images-of-ascend-cannabis-industry/
Business
New Mexico cannabis operator fined, loses license for alleged BioTrack fraud
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:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
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/
Business
Marijuana companies suing US attorney general in federal prohibition challenge
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.”
Business
Alabama to make another attempt Dec. 1 to award medical cannabis licenses
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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