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Cannabis growers exit California market, helping stabilize prices

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California cannabis cultivation capacity is down significantly from early 2022, with some growers choosing not to plant or renew their licenses because of low wholesale prices and tough economic conditions.

The reduction in canopy is leading to wholesale price stabilization – and might even result in a slight increase in pricing – following months of declining prices in the nation’s largest marijuana market, according to some industry officials.

Cannabis wholesale technology platform LeafLink reports that the total square feet of cultivation canopy in the state has dropped about 15% from a year ago, to around 68 million square feet versus roughly 80 million square feet at this time last year.

Jason Vegotsky is among those who sees wholesale prices starting to level off.

The CEO of Petalfast, an Irvine-based sales and marketing agency for the cannabis industry, said there are simply fewer players in the market, which means prices have stopped tanking and might be coming up slightly.

“I think that trend will continue over the next six months,” Vegotsky said.

“I’m expecting a really nice, second half of the year for the folks who make it through the first half.”

By nice, he means he expects businesses to have an ability to make money with margin expansion, “rather than this margin decline that we’ve seen across the whole supply chain for really the last 18 months.”

Ryan Smith, co-founder and CEO of New York-based LeafLink, believes farmers are choosing not to plant or renew their cultivation licenses because:

  • Pricing for outdoor bulk cannabis is lower than the cost of production.
  • A weak retail sector makes it difficult to sell branded products in the state.

“Put together, these factors illustrate that grow operations do not have the margin or capital runway to make it through the current ‘down cycle,’” he told MJBizDaily via email.

Other factors at play

That down cycle he’s referring to is highlighted by the wholesale flower market.

According to LeafLink data, a pound of packaged flower is wholesaling in the $1,200-to-$1,400-a-pound range compared with $1,700-$1,900 a pound at the beginning of 2022, a year-over-year decrease of about 25%-30%.

Bulk outdoor flower has remained in the $200-$400-a-pound range in the post-harvest period of fall and winter the past couple of seasons, according to LeafLink.

“California produces more than three times as much legal cannabis than the total addressable market can consume, largely a result of uncapped cultivation licenses and limited retail capacity,” Smith said.

With only 50-100 more retail locations slated to come online in the state this year, Smith expects more growers will likely have to reduce capacity to balance the market.

Other factors are at play aside from the amount of production and retail capacity.

The devastating conditions of heavy rain and wind in early January might have an impact on the supply in the near future, for one.

On the flip side: A change in the law governing cultivation could add capacity to an oversupplied market.

Effective Jan. 1, the state Department of Cannabis Control began accepting applications for large cultivation licenses.

Those licenses are for cultivation sites with more than 22,000 square feet of canopy.

Seeing stability

Some of Scott Solomon’s cultivation clients were reporting a bleak scene about 18 months ago, but the situation is improving.

The CEO at Operational Security Solutions, headquartered in Fresno, said prices started dropping “pretty hard” about a year and a half ago.

“We have a revenue model that’s based off of the volume of cash that these businesses are generating,” Solomon said. “It impacted us significantly.

“In some instances, we had clients, cannabis businesses, that said the price dropped essentially 80% across some of their products.”

According to Solomon, the pricing picture started to improve somewhat last September and has begun leveling out.

Still, businesses are building out more cultivation capacity on the potential of future growth of the industry in event of federal legalization or other reform, he said.

Solomon’s seeing more grows developing from Fresno down through Bakersfield and toward Los Angeles.

The picture is even rosier at vertically integrated California cannabis company Glass House Brands.

Graham Farrar, president of the Santa Barbara-based business, said pricing went up by about 13% from the third quarter to the fourth quarter of 2022.

“I think what’s starting to happen is that the market is rationalizing that the pricing was so low that it was destructive to everybody,” he added.

“Eventually, if you’re growing product for more than you can sell it for, you quit doing that. And we can see that happening pretty drastically.”

Farrar is quick to point out that an uptick of three or four months isn’t enough to call it a trend.

“But even to see stability at this time, I think is a positive sign,” he added.

Doom, gloom

But not everyone is seeing the situation in such a positive light.

Doug Chloupek, the CEO and founder of Juva Life, a cannabis grower and life science research company with a cultivation arm in Stockton, said the market is confused about what defines good marijuana.

“The market has been driven by influencer hype,” he added.

Consumers are paying a premium for purple flower that tastes of fuel or fruit and tests at 30% or more THC content, according to Chloupek.

“The reality is that there is some phenomenal cannabis that is just not being received by the market because the market’s too naive to know what’s actually really good,” he added.

Anecdotally, Chloupek’s seeing green flower selling for $800-$1,000 a pound wholesale, while purple flower can fetch another $100 a pound or more. He said the same flower was selling for $800 more a pound last year.

The overall cost of production, including steep taxes and regulatory fees, is one of the leading factors driving cultivators to not renew their licenses, according to Chloupek.

He said some growers are going back to the unlicensed market because they were making a comfortable living before they tried to go legit.

An illicit market grower can make $150,000-$200,000 a year and not have to worry about their margins being eaten up by taxes and fees, according to Chloupek.

“It’s kind of a doom-and-gloom picture I’m painting, which I wish it wasn’t,” he said.

“But that’s a pretty stark reality of where things are in California right now.”

Source: https://mjbizdaily.com/cannabis-growers-exit-california-market-helping-stabilize-prices/

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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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