Business
Canadian cannabis companies back off from US hemp CBD market
Back in the regulated marijuana industry’s more heady days, a U.S. hemp-derived CBD subsidiary seemed like the must-have accessory for any Canadian cannabis company worth its bud.
Canopy Growth Corp. owned a hemp farm in Springfield, New York, and planned to build a $150 million industrial park in Kirkwood, New York, to produce hemp products.
Aurora Cannabis bought Reliva – a Massachusetts-based producer of hemp-derived CBD products – in a $40 million deal that included potential earnouts.
And Cronos Group spent hundreds of millions of dollars to acquire the Lord Jones hemp CBD brand.
The purchases came after the passage of the 2018 U.S. Farm Bill that legalized low-THC hemp, including hemp-derived CBD.
That legislation generated optimism about a new, multibillion-dollar market for hemp-derived products.
Now, after investor exuberance about the cannabis sector has largely worn off, several Canadian marijuana companies have retreated in one way or another from the hemp-derived CBD market south of the 49th parallel:
- Canopy announced in 2020 that it would stop farming hemp in New York in the face of “an abundance of hemp,” although it continued producing and selling hemp-derived CBD products. The Kirkwood project was abandoned, local media reported.
- Cronos announced in June it was exiting the U.S. hemp CBD market and relaunching Lord Jones in Canada.
- This month, Aurora said it was closing Reliva.
- Green Roads, a Florida CBD manufacturer acquired by Canadian cannabis manufacturer The Valens Co. – which was subsequently acquired by Canadian producer SNDL — filed for bankruptcy earlier this year and was acquired by Global Widget, parent company of Hemp Bombs.
The Canadian pullback from hemp CBD in the U.S. partly reflects the diminished fortunes of once-high-flying Canadian cannabis licensed producers.
It also reflects a general lull in the American hemp-derived CBD market, given the U.S. government’s continuing struggle over how to regulate products containing CBD.
“It’s a very, very difficult market in the U.S. right now,” said Bethany Gomez, managing director of Chicago-based cannabis analytics firm Brightfield Group.
Brightfield Group data shows the U.S. CBD market peaked in 2021 at roughly $4.7 billion in sales before contracting to $4.4 billion in 2022, with another decline expected in 2023.
Canadian ambitions
When big Canadian cannabis companies originally invested in U.S. hemp-derived CBD assets, they were well-capitalized and eager to expand their operations around the world.
“And around 2020, it was starting to become clear that there’s only so much that these cannabis companies can grow within the country of Canada – Canada’s only so big, and there’s only so much cannabis that can be consumed there,” Gomez explained.
Canadian licensed producers (LPs) invested heavily in international markets, but Gomez said the U.S. was “the golden prize.”
As publicly traded companies in the U.S., those LPs couldn’t deal with a substance that’s federally illegal.
The American hemp-derived CBD market seemed like a way “to get a foothold there without violating federal law,” Gomez said.
“They could play in the CBD space and then eventually take that presence in CBD into the (high-THC) cannabis space. ”
For Canadian firms, operating in the U.S. CBD space was meant to be “an opportunity to plant the seed of a brand early on (and) get that into the mainstream,” said Beau Whitney, chief economist of Portland, Oregon-based hemp and marijuana data and analysis firm Whitney Economics.
“And then, as the adult-use market opens up, you’ve already got a brand established – and then you just convert over to your adult-use product line.”
American hemp CBD headwinds
So far, the plan to leverage U.S. hemp CBD assets to get a leg up on adult-use cannabis in the event of federal legalization hasn’t played out as expected.
“Fast forward to 2023 – there’s no movement at all on federal legalization for cannabis,” Brightfield’s Gomez said.
“There’s very little optimism in federal legalization toward cannabis, there’s no movement from the (U.S. Food and Drug Administration) on (regulation) of CBD, and that market has really hit a standstill.
“And there’s not a lot of promise, in the near term, of cannabis taking off, or having a type of triggering event that would allow them to really tap the U.S. cannabis market.”
In the meantime, the cannabis industry faces an ongoing “capital crunch,” Gomez added – and investors aren’t willing to wait for businesses to become profitable given the uncertainty of federal legalization.
“There’s this pressure to get rid of anything that is not profitable. … Cash is king, and people are starting to run low on cash in many areas.”
Cronos, for example, said it was exiting its American hemp CBD operations “to improve its cash flow in the near term and position itself to directly enter the U.S. THC market” when regulations permit.
Cannabis economist Whitney said Canadian LPs are “pulling back (and) focusing in on their core business” as well as cutting fixed costs in both the U.S. and Canada.
Whitney noted another challenge for companies operating in U.S. hemp CBD: State-level uncertainty amid a lack of federal regulatory guidance.
“And so this is also a risk-mitigation play,” he said, citing shifting state regulations regarding hemp-derived cannabinoids.
Despite the pullback, Canadian cannabis companies haven’t entirely abandoned the U.S. hemp market.
Canopy Growth still sells Martha Stewart and This Works CBD products in the U.S.
Tilray Brands’ Canada-based wellness brand, Manitoba Harvest, operates in the U.S., although Brightfield’s Gomez noted the Tilray subsidiary is more focused on hemp foods than CBD products.
Village Farms International, the parent company of Canadian LP Pure Sunfarms, also owns hemp CBD company Balanced Health Botanicals, although Village Farms isn’t strictly Canadian.
Evolving business practices
The continuing Canadian pullback from U.S. hemp CBD comes as overall hemp production has declined, with U.S. Department of Agriculture data showing a nearly 50% decline in planted hemp acreage between 2021 and 2022.
For hemp CBD, “the amount of licensed acres in the United States right now is less than what it was before the 2018 Farm Bill,” economist Whitney said.
“And so, the number of cultivators have been dramatically reduced for cultivation of hemp with the intention of cannabinoid use, or cannabinoid productization.”
Meanwhile, Whitney sees an evolution in the way some companies approach the cannabis market, citing as an example Canopy’s move toward an “asset-light model” with third-party sourcing.
Whitney expects companies will “develop that very same model for hemp and hemp-derived products.”
By way of analogy, Whitney offered ketchup.
Canadian LPs and U.S. multistate marijuana operators alike have “tried to be experts in the equivalent of growing tomatoes, of processing tomatoes, of making ketchup and distributing that ketchup,” he said.
But ketchup kings such as Heinz or Hunt’s “don’t do that with their ketchup,” he continued: They contract out to tomato growers and processors, then brand and sell the ketchup themselves.
“I think that’s the very same model that we’re starting to see evolve for cannabis, for the LPs out of Canada, and for some of the MSO brands in the United States,” he said.
“Now it’s starting to come into a branding play and an outsourcing play, (a) contract-manufacturing play, much more so than a vertical-integration play – even though, with the Trump tax cuts a few years ago, it was favorable to develop a vertically integrated model.”
The retreat of some companies from the American hemp CBD sector might benefit those who remain, suggested Brightfield’s Gomez.
Hemp CBD assets are “being sold at a fraction of the cost that these companies paid for them,” she said, “which indicates that valuations are an order of magnitude lower, and there’s a lot of people that are out there right now that are shopping for distressed assets.”
Source: https://mjbizdaily.com/canadian-cannabis-companies-back-off-from-us-hemp-cbd-market/
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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