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Can Tilray successfully synergize its cannabis, alcohol businesses?

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With its right hand, Tilray Brands has consolidated a swath of the Canadian cannabis market, most recently buying Hexo Corp. in its quest to grow market share.

With its left hand, Tilray has gone on a beverage alcohol acquisition bender in the United States.

After several alcohol acquisitions that turned Tilray into one of the largest U.S. craft brewers, the company recently announced an $85 million deal to acquire eight craft beer brands from brewing behemoth Anheuser-Busch InBev.

As the dust settles on Tilray’s latest alcohol purchase, a question lingers for investors: Will the company be able to build meaningful ties between its cannabis business and its alcohol operations, in accordance with statements made by company management?

For now, cannabis remains Tilray’s biggest business in terms of revenue.

During Tilray’s August conference call explaining the Anheuser-Busch transaction, CEO Irwin Simon said the company’s pro-forma revenue of about $860 million includes:

  • 30% beverage alcohol.
  • 30% Canadian medical and adult-use cannabis.
  • 30% European medical marijuana distribution.
  • 10% food and wellness.

Diversifying beyond cannabis

Proponents of Tilray’s strategy see promise in the company’s diversification into alcohol.

“First, obviously there’s the potential upside in craft beer itself, and even spirits, where they’ve moved into as well,” especially since some big players such as Anheuser-Busch are focusing less on craft beer, said Owen Bennett, senior vice president of equity research at New York-based financial services company Jefferies.

“And then, second, you’ve got what it can do from a cannabis value-creation perspective. … It is allowing marketing and brand equity-building among mass-market consumers ahead of any (federal) legalization,” Bennett said.

Tilray skeptics, on the other hand, might argue that the company has lost its focus.

In news releases, Leamington, Ontario, and New York-headquartered Tilray has taken to describing itself as “a global cannabis-lifestyle and consumer packaged goods company.”

“I don’t know what a lifestyle company is,” said Rob McPherson, a CPG veteran and former president of Bacardi Canada who has criticized Tilray management.

“Last time I looked, everything is a lifestyle and anything is a lifestyle.”

Tilray did not respond to MJBizDaily requests for comment on its alcohol strategy.

Linking alcohol distribution with cannabis

Tilray management has cited potential for cost synergies between its Anheuser-Busch beer acquisitions and its existing beverage alcohol brands.

Beyond that, however, Tilray has spoken of potential distribution synergies between Tilray’s alcohol and cannabis businesses in the event that the U.S. legalizes marijuana federally.

In the August conference call, CEO Simon asked: “Ultimately, upon (U.S. federal marijuana) legalization one day, is there the opportunity for adjacencies in the THC and CBD world, and having that distribution system, having those manufacturing facilities?”

“Again, we’re not dependent upon it,” Simon continued.

“But there’s a lot of great companies that have been built around the beer category.”

“I think it is the most obvious way for them to leverage these beer investments,” said Vivien Azer, managing director and senior research analyst for New York-headquartered financial-services firm Cowen.

Azer said that the alcohol industry has been lobbying for marijuana to be regulated along the same lines as spirits – in a three-tier system of producers, distributors and retailers.

But potential synergies between Tilray’s existing alcohol distribution network and a hypothetical, future U.S. marijuana distribution system are just that – hypothetical – and would depend on the actual details of any federal legalization law.

McPherson, the former Bacardi Canada executive, pointed out that alcohol distribution “lives at the state level, not at the federal level, so each individual state can have its own individual definition of distribution.”

Given complex state-by-state differences, McPherson suggested that Tilray’s ability to shoehorn marijuana distribution into the existing U.S. alcohol distribution system is by no means assured.

“I think it would be naive to assume that that will happen – and that it will happen at that pervasive level. … Cannabis is going to be complex enough,” he said.

“And you layer that complexity into the already-complex distribution system for beverage alcohol – it’s just nonsensical.

“But it sounds really good if you say it.”

Connecting alcohol, cannabis brands

Aside from a distribution link between cannabis and alcohol, Tilray’s C-suite has hinted – albeit sometimes indirectly – at a more ambitious synergy: linking alcohol brands and consumers with cannabis products in one way or another.

In 2020, after Aphria acquired SweetWater Brewing Co., then-Aphria Chief Financial Officer Carl Merton (now CFO of Tilray Brands after Tilray and Aphria merged) told MJBizDaily that the Atlanta-based craft brewer offered “an incredible reach to a consumer that is already thinking about cannabis, and this acquisition allows us to access that consumer years in advance of federal legalization.”

Similarly, in its late 2022 announcement that it had acquired New York-headquartered Montauk Brewing, Tilray cited plans “to leverage our growing portfolio of U.S. CPG brands and ultimately to launch THC-based product adjacencies upon federal legalization in the U.S.”

Consumers will eventually “see beer with THC in it in the U.S.,” Tilray CEO Simon said on a January 2023 earnings call.

“One day, you’ll see spirits with THC in the U.S.,” he added.

It’s not clear whether Simon meant such beverages would contain both alcohol and THC or only THC.

Tilray has also started experimenting with bringing one of its Canadian adult-use cannabis brands, Good Supply, into the U.S. beer market: Good Supply-branded light beer launched in Connecticut, Georgia and New York in June, with the promise of further launches in Massachusetts and Rhode Island.

On the August conference call, Simon said that “when federal cannabis legalization occurs, (Tilray) will be able to include THC-based products in our beverage and wellness portfolio as well.”

The exact details of how Tilray might align THC with its non-cannabis brands remain a mystery.

However, U.S. beverage alcohol companies are already “pushing the boundaries around brand transferability” within alcohol, observed Cowen’s Azer – for example, the beer brand Coors offers a Coors seltzer product, and the Truly Hard Seltzer brand sells Truly-branded vodka.

“But we don’t have any strong analogues in terms of brand transferability between cannabis and alcohol.”

Tilray is clearly bullish on marijuana drinks, given its recent purchase of the remaining interest in its Truss cannabis drink joint venture from Molson Coors Canada.

Analyst Bennett believes many new cannabis consumers are likely to enter the segment via beverages, since they’re familiar with the format.

“I think having an established beverage presence with existing alcohol consumers that trust the brand should position Tilray to really drive maximum upside from these dynamics, relative to pure-play cannabis companies that are looking to expand into the beverage space,” Bennett said.

On the other hand, skeptics point out that any Tilray plan to link alcohol and marijuana brands in the U.S. after federal legalization hinges on an event that has not yet occurred.

“The first thing that has to happen is, the U.S. has to actually federally legalize – when that’s going to happen is anybody’s guess,” said McPherson, the former Bacardi Canada president.

McPherson pointed out that federal adult-use legalization took years even in Canada, where Justin Trudeau’s Liberal government had a parliamentary majority (and a specific campaign promise surrounding cannabis legalization).

Even in the event that Tilray does extend its alcohol brands into cannabis, McPherson suggested that wouldn’t necessarily be a slam dunk.

“There’s efficiency and there’s effectiveness, and a lot of brands go the efficiency route,” he said, “and you start to see the same brand name playing across multiple categories because it’s efficient: ‘There’s an existing level of consumer awareness, so we’re going to try to leverage that.’”

But branding efficiency can lead to reduced brand effectiveness, McPherson argued, “because you’ve had to cut a wider swath, you’ve had to make more compromises, you’ve had to shave off a lot of the sharp edges that end up catching consumers’ attention.”

Even if crossovers between Tilray’s alcohol brands and cannabis never play out, the alcohol assets have stand-alone value.

Cowen’s Azer said that Tilray’s beer and liquor acquisitions give it “exposure to the U.S. alcohol segment, which generally grows at a mid-single-digit (compound annual growth rate).”

Analyst Bennett acknowledges that Tilray receives “some criticism that they’re diversifying out of cannabis.”

“But No. 1, they’re very open that they’re no longer a cannabis business,” he said.

“No. 2, as a shareholder, all you should really care about is, is this company generating value? And are they sticking to the strategy they lay out to investors?”

Source: https://mjbizdaily.com/can-tilray-successfully-synergize-its-cannabis-alcohol-businesses/

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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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