Business
Cannabis producer Tilray quietly drops $4 billion sales target for 2024
Tilray’s marijuana facility in Portugal is located in Biocant Research Park.
Tilray Brands has quietly abandoned its pledge to achieve annual revenue of $4 billion (5.3 billion Canadian dollars) by the end of 2024, with analysts now predicting the North American cannabis producer will fall far short of that figure.
The company’s management no longer guides for the target, Pablo Zuanic, managing director at New York-based investment banking firm Cantor Fitzgerald, wrote in a note to investors, citing a conference call with Tilray executives in January.
The analyst said Tilray’s target was undone by “delayed” legalization in the United States and Germany plus ongoing issues in Canada, including price compression, overproduction and slowing national sales.
The Leamington, Ontario- and New York-headquartered business isn’t the only cannabis company tripped up by delayed legalization and U.S. reforms as well as other difficulties.
The industry is bracing for a challenging 2023.
In the U.S., Colorado-headquartered Akerna Corp., the parent company of cannabis technology company MJ Freeway, said last week it’s exiting the marijuana industry.
Also last week, Massachusetts-based multistate operator Curaleaf Holdings said it was exiting California, Oregon and Colorado.
In Europe, Colombian cannabis firm Clever Leaves announced its plans to exit Portugal.
A $4 billion target
Tilray CEO Irwin Simon originally laid out the ambitious $4 billion target in a conference call with analysts in July 2021.
In a subsequent letter to Tilray shareholders on Aug. 26, 2021, Simon detailed his strategic vision to achieve the $4 billion in annual revenue.
“This is the foundation that will be so essential to getting us from our current combined retail market share in Canada of 16% to our goal of 30% share by fiscal year 2024,” he wrote.
However, Tilray’s market share at home has fallen by roughly 50% since then. Tilray now says it controls roughly 8.3% of the Canadian recreational market.
In an email to MJBizDaily, a spokesperson for the North American cannabis, alcohol and pharmaceutical distribution company conceded that federal legalization in the United States and Germany did not play out as the company had expected.
“The $4 billion sales target by the end of (fiscal year) 24 was conditioned upon federal legalization of cannabis in the U.S. – with a projected $100 billion market – as well as adult-use legalization in Germany,” the spokesperson said.
U.S. lawmakers failed to legalize cannabis, or even pass the SAFE Banking Act, which would have protected financial institutions from federal punishment if they served regulated marijuana companies.
Germany, meanwhile, is already falling behind on its commitment to legalize cannabis production and sales.
Tilray recently reported a $61.6 million net loss for the quarter ended Nov. 30, bringing its loss for the six-month period to $127.4 million.
Some experts warn executives to avoid latching on to optimistic scenarios involving federal legalization for any country, given the complex societal, political and economic forces at play.
Tilray has not replaced the guidance on revenue for fiscal 2024, but the spokesperson said the company expects to generate $70 million-$80 million of adjusted earnings before interest, taxes, depreciation and amortization (EBITDA) and be free-cash flow positive across all business segments.
However, in a 2022 regulatory filing, the company noted that it “began operating in 2014 and have yet to generate a profit.”
Analysts adapt
Analysts currently forecast Tilray would be approximately 80% short of its now-shelved goal of $4 billion in sales by year-end 2024.
Zuanic, the Cantor Fitzgerald analyst, lowered sales estimates for Tilray to $613.4 million (down from $659.7 million) in 2023 and $675.1 million in 2024 (down from $732.7 million).
Tammy Chen, an analyst for Toronto-based BMO Capital Markets, has been trimming her fiscal 2024 forecast for Tilray.
The BMO analyst now sees the company generating $643 million in sales in fiscal 2024, down from an earlier forecast of $702 million last summer.
Analysts have been slashing their sales forecasts for Tilray ever since its merger with Aphria in 2021.
For instance, New York-headquartered investment banking company Jefferies expected the newly united Tilray to record more than $1 billion in sales in 2022, before lowering that forecast substantially.
Tilray reported net sales of $628.3 million that year.
Tilray’s focus
The Tilray spokesperson said that, with delayed federal legalization of marijuana in the United States, Tilray plans to continue to grow its businesses in Canada, Europe and the U.S.
In Canada, Tilray said, it’s focused on both organic growth and acquisitions as well as growing medical and adult-use cannabis market share.
“In the U.S., we are not simply waiting for federal legalization of cannabis. We’ve invested in leading and profitable CPG brands across craft beverage-alcohol and wellness consumer products,” the spokesperson said.
Tilray’s U.S.-focused businesses include Breckenridge Distillery, Manitoba Harvest and SweetWater Brewing Co.
Tilray recently acquired Montauk Brewing Co., which it says is the fastest-growing craft beer brand in metro New York.
Regarding cannabis production, BMO’s Chen said in a recent note to investors that Tilray’s cannabis cultivation capacity might be too large for the market opportunity.
“Management indicated the lower utilization is temporary,” Chen wrote, “but we wonder if (Tilray’s) capacity will exceed its market opportunity for some time given how slow Canada has been to rationalize the number of LPs, and we believe European rec legalization may take longer than expected.”
Simon said Tilray is considering using excess capacity to grow fruits and vegetables, following an example set by Alberta-based Aurora Cannabis.
The spokesperson said via email that Tilray’s “focus is on driving revenue gains across our diverse portfolio, which will create a strong channel for additional revenue in adult-use cannabis, pending federal legalization.
“This approach allows us to capitalize on the current market conditions and create a strong foundation for future growth in the U.S. federal cannabis industry.”
In Europe, the spokesperson said, Tilray continues to focus on growing the CC Pharma business, which distributes medical cannabis to pharmacies in Germany, and increasing medical marijuana market share in Germany and other markets.
Earlier this month, Tilray cut roughly a quarter of its workforce at its medical cannabis facility in Cantanhede, Portugal.
“We remain poised and ready to leverage our current businesses to be a first-mover upon expected adult-use legalization in Germany and other European markets,” the spokesperson added.
The company’s shares trade as TLRY on the Nasdaq and Toronto Stock Exchange.
Source: https://mjbizdaily.com/cannabis-producer-tilray-quietly-drops-4-billion-sales-target-for-2024/
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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