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Can a small Arizona town jump-start late-night cannabis retail?

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The desert Southwest typically isn’t known for trendsetting, but it’s blazing a new trail for all-night cannabis stores.

The Las Vegas and Phoenix markets, hot spots for day drinking and nightclubs, are bringing their serious approach to good times to the cannabis industry.

And now Guadalupe, a small Arizona town less than one square mile in size bordering Phoenix, has joined Las Vegas in breaking the mold of traditional retail by allowing consumers to purchase cannabis after midnight.

The shift makes sense in the right market and reflects the fun, recreational aspect of cannabis, according to retail expert Maddie Scanlon.

New York state, a trendsetter in music, fashion, finance and other realms – and home to “the city that never sleeps” – is taking note.

State regulators have signaled that late-night marijuana sales could be part of the mix when the state launches its recreational cannabis market, touted to open by year’s end.

As marijuana gets more integrated in mainstream culture and normalized, perceptions can change quickly.

“If you’re out late at night, you would expect a thing like cannabis to be for sale, just like you would be able to go into a bar and get something to drink,” said Scanlon, senior insights analyst at Chicago-based market research firm Brightfield Group.

Local economics and business development have been key drivers for early adopters.

Guadalupe, formally incorporated in 1975, is trying to reverse decades of economic blight and government mismanagement with tax-revenue boosters to help support its tiny community of fewer than 6,000 residents, a mix of Mexican descendants and members of the Pascua Yaqui Tribe who have lived on the land for a century.

These rare retail allowances have positioned a small segment of cannabis stores in the Southwest to capture business, build brand loyalty and normalize legal late-night marijuana sales long after most traditional retailers and competitors have closed their doors.

Retail cannabis operations are prohibited to be open after 10 p.m. in most states, including California and Illinois, and are still rare in markets that allow them, such as Arizona and Washington.

For those that remain open well into the wee hours, geography, a free-market ethos and cultural acceptance have played key factors as well.

“Being in the West, they’re able to accelerate and do things that some of the East Coast and Midwest markets just haven’t been able to do,” Scanlon said.

“Vegas makes a lot of sense to have 24-hour dispensaries, and I’m sure they’ll be able to keep them staffed and flowing overnight. But the middle of Michigan, probably not.”

What happens in Vegas

Las Vegas, staying true to its round-the-clock entertainment roots and libertarian streak, is leading the late-night charge by a long shot.

A quick Yelp search calls up more than a dozen after-midnight retailers.

Planet 13, just off the famed Las Vegas Strip, is the largest among them.

The vast, 112,000-square-feet megastore – basically the size of a typical Target – has been operating 24/7 since opening four years ago.

The retailer not only benefits from a steady stream of vacationers – some visit with luggage in hand – but also a continuous feeder system of consumers about town, as well as convention attendees, concertgoers, casino patrons, NFL and NHL fans and foes, hospitality workers and other late-night shifters who expect services anytime.

It’s also located near adult-entertainment venues, hundreds of restaurants and dozens of bars and nightclubs.

“We’re in this culture of all-day, all-night experiences,” said David Farris, Planet 13’s vice president of sales and marketing.

“It’s really what Las Vegas is built for.”

Freshly minted

Last month, Arizona-based Mint Cannabis launched overnight sales at its flagship dispensary in Guadalupe, believed to be the first beyond Las Vegas to approve retail after midnight.

On Oct. 13, the first night of late-night retail in Guadalupe, lines snaked around the 5,000-square-foot dispensary – the largest in Arizona – and down the street, zigzagging into the neighboring hotel parking lot.

“Everybody wanted to come in and do this midnight madness sale,” co-owner Raul Molina said.

From midnight until 8 a.m., Mint generated $39,000 in transactions, more than doubling Molina’s goal of $16,000.

Since then, the store is averaging about $6,000 in sales during the graveyard shift Thursdays, Fridays and Saturdays.

That’s about $70,000 per month that none of the state’s other 120 or so marijuana retailers can claim.

The rest of the week, Mint closes at midnight.

Desert ties

The retailer’s location in Guadalupe holds other benefits as well.

The town is nestled between the urban sprawl of Phoenix and the city of Tempe, home to one of the nation’s largest college campuses, Arizona State University.

Beyond sprawl, climate and topography, the Phoenix and Las Vegas markets share other key attributes.

Their freeways make cannabis stores accessible to millions of consumers within a 30-minute drive.

Both markets, which are roughly 300 miles apart, also have a vibrant base of young adult consumers and offer plenty of late-night entertainment options.

“A young, millennial, outgoing party audience is definitely going to respond well to a 24-hour dispensary,” Brightfield’s Scanlon asserted.

Traffic at Mint spikes from 2 a.m. to about 3:30 a.m., according to Molina.

“You do have all the bars closing. You have a lot of restaurants that are shutting down,” he said.

“A lot of those service people that are getting off those jobs are swinging by and picking up products.”

It helps that metro Phoenix is a dynamic hospitality market as well, attracting millions of tourists annually for spring training baseball, golfing events, major college football bowl games, its renowned national and state parks as well as nightlife and shopping in Scottsdale.

In February, suburban Glendale will host the NFL’s Super Bowl.

Anomaly or trend?

A vibrant, late-night entertainment culture might support overnight cannabis retail in metro Phoenix and Las Vegas, but those dynamics don’t exist in most markets, Scanlon contends.

“Being able to buy it at night will make sense for a lot of consumers in a lot of places,” she said. “Others, it won’t.”

At least one influential market is taking a close look, though.

New York regulators indicated in recent guidance that marijuana stores could operate until midnight and perhaps later if granted written permission by local municipalities.

The global finance and cultural hub, given its influence, could spur changes in other markets.

But it’s a bit early to tell if late-night dispensaries will trend nationwide, according to Scanlon.

“It’s hard to say how widespread a phenomenon like this is going to become.”

Source: https://mjbizdaily.com/late-night-cannabis-retail-sales-las-vegas-arizona-new-york/

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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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