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Cannabis MSO Tilt shifts strategy, cuts costs under new leadership: Q&A with interim CEO Tim Conder

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In a few short months at the helm, Tilt Holdings interim CEO Tim Conder has initiated significant cost reductions and reevaluated brand partnerships – including cutting ties with some social equity brands – while shifting focus to the cannabis company’s vape hardware business.

The expense-cutting campaign, which included an undisclosed number of layoffs in the second quarter, is projected to save the Phoenix-based marijuana multistate operator $8 million annually.

In early September, Tilt announced a $1.4 million deal to sell its stake in a joint venture with the Shinnecock Indian Nation in New York, ending the company’s plans to open a Little Beach Harvest store with the Native American tribe.

Conder, who took the interim post in April after the resignation of Gary Santo, aims to put the MSO on a path to profitability.

It’s his second stint as a Tilt executive since 2019, though he’s remained on the board.

In early 2019, Conder sold his Nevada delivery service, Blackbird, to Tilt for $50 million.

In December 2020, the cannabis entrepreneur reacquired Blackbird from Tilt for approximately $15 million.

He then sold it again in mid-2021 under undisclosed terms to Herbl, the California distribution giant that collapsed in June.

In a wide-ranging interview with MJBizDaily, Conder discusses his top priorities in his comeback with Tilt, the company’s new strategic direction and other key developments.

What are your top priorities since taking the interim CEO position?

When I took the interim CEO role, the company was cash-consumptive, really in an environment where that doesn’t make a lot of sense.

Our immediate priorities were to reduce our cost structure and our expenses and increase operational efficiencies to ultimately achieve profitability.

What initiatives has the company rolled out to address these top concerns?

First and foremost, reducing our cost structure.

Taking a really hard look at expenses and, in some very unfortunate cases, some head-count rationalization.

In terms of head count, can you provide specifics? Did you provide that to Wall Street?

We didn’t provide specific numbers. It wasn’t a huge percentage of our total employee base.

It was really focused on specific business units that were cash-consumptive to really help those specific business units achieve profitability and help the company achieve profitability.

Do you expect more head-count reductions this year?

We do not.

When I make those kinds of moves, I like to do it all at once so the company can focus on the future and move forward, instead of continuing to relive some of these more challenging moments of our past.

How have your previous roles at Tilt – including director, president and chief operating officer – provided insights into the company’s opportunities and challenges, and addressing them?

It’s really made me very familiar with the company and its operations. And, to an extent, the employee base.

It’s been really nice to step back into a team that I’m familiar with and an operation that I understand.

Tilt recently cut some ties with social equity brands such as Her Highness, Highsman and Black Buddha, which drew criticism from industry watchers and social equity advocates. What drove that decision?

We had a lot of overlap in product offerings and within our brand portfolio.

And if you’re trying to sell similar products at similar price points from two different brands, you’re doing those brands a disservice.

And we had made promises and commitments to nascent or emerging brands that we weren’t going to be able to live up to.

We’re a platform that does well with existing brands with a proven track record in certain markets by helping them to expand into new markets where we have distribution and penetration.

We are not a platform that’s going to be able to launch brand-new brands.

It had absolutely nothing to do with social equity or the ownership makeup of those brands. We will continue to do DEI work at Tilt, it’s incredibly important to our team.

What else did the brand and product portfolio evaluation reveal?

We have a unique differentiator as a manufacturer and distributor, and our subsidiary Jupiter is one of, if not the largest, hardware distributor in North America.

Our focus going forward from a third-party-brand standpoint is going to start with inhalation. So vape, flower, concentrates, but a really heavy focus on vape.

We essentially create a flywheel at Tilt, where brands procure their hardware through our Jupiter subsidiary, we cultivate and manufacture their products and then we distribute those products throughout our distribution network, which includes our own retail stores as well as third-party retail stores.

Can you provide any updates on the latest developments with the Shinnecock Indian Nation?

It’s no secret that the state of New York has faced a number of challenges in its adult-use rollout.

And, unfortunately, Shinnecock Nation was not unaffected by similar challenges related to illicit or unregulated operators.

The Shinnecock Nation has a unique challenge. There’s an inability to bring products either into the nation from New York state or out of the nation into New York state.

Ultimately, we negotiated a buyout of our investment in that partnership.

The nation is probably a couple months away from opening the dispensary that we built together.

And we believe they have the opportunity for success with their new partner, and now we’ll be able to focus on the core elements of our business.

Tilt has posted some significant operational losses the past four calendar years, and in a second-quarter earnings call last month, you said the biggest area of focus was returning the company to profitability. How do you intend to reach that goal?

We’ve talked about some of the difficult decisions that we’ve made from a head-count rationalization and expense-reduction standpoint … (and) the operational efficiencies that we’ve achieved over the past several months are getting us to a place where we believe we can achieve profitability.

We’re excited about the progress that the company has made.

We think we have a lot of opportunity, not only in the markets where we currently operate – so, Massachusetts, Pennsylvania and Ohio in manufacturing and cultivation and, in the case of Massachusetts, retail – but (also) opportunity to expand our footprint and continue to serve our brands and additional markets in the future.

What are some near-term or longer-term business opportunities for Tilt that you’re particularly excited about?

We’re really excited about some prospective or potential brands that we’re looking to onboard in the next few months.

We’re also really excited about some hardware innovation that’s taking place at Jupiter that not only iterates on existing product lines but also introduces new products that we believe can help grow the pie for vaporization and inhalation.

I think there’s a lot of opportunity for Jupiter in hardware innovation and hardware, in general, in the upcoming months and years.

Source: https://mjbizdaily.com/tilt-shifts-cannabis-brand-strategy-cuts-costs-under-new-ceo-tim-conder/

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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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