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Colorado Launches Loan Program for Cannabis Social Equity Businesses

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A new program from Colorado’s Cannabis Business Office and nonprofit partner NuProject will provide loans to cannabis social equity businesses.

Colorado Governor Jared Polis on Monday announced the launch of a new state-funded loan program for cannabis social equity businesses. 

The new program is designed to provide financing to licensed social equity cannabis businesses, which typically face difficulties raising the capital needed to launch and grow their enterprises. The initiative will be administered by the state Cannabis Business Office (CBO) within the Colorado Office of Economic Development & International Trade (OEDIT) in partnership with NuProject, a Portland, Oregon-based organization working “to build generational wealth via the legal cannabis industry for the Black and Brown communities disproportionately harmed by the War on Drugs,” according to the group’s website.

“This landmark loan program will create and retain 239 good-paying jobs and promote equity in the cannabis industry by providing growing businesses access to funding,” Polis said in a statement from the governor’s office on Monday afternoon. “I am committed to saving small businesses money and ensuring our state remains a great place to start and run a business in every industry. Thank you to NuProject for partnering with Colorado on this exciting milestone and working to support innovation in Colorado’s cannabis industry.”

Cannabis And Capital in Colorado

Cannabis companies have historically faced problems raising capital due to a variety of factors including federal banking regulations and the continuing stigma associated with marijuana and cannabis users. The lack of financing can be particularly challenging for social equity business owners, who often face additional obstacles including racism and generations of economic marginalization.

To help them deal with such challenges, Colorado’s Cannabis Business Loan Program will provide low-interest loans of between $50,000 and $150,000 for social equity cannabis businesses to finance renovations or expansions, the purchase of equipment, real estate or to use as working capital. 

The governor’s office notes that NuProject has a proven history of lending to cannabis businesses, specializing in mission-based and character-based lending. The non-profit’s practices can help entrepreneurs obtain loans even if they have limited cash flow, lack the traditional assets necessary to secure financing or have experienced other challenges in obtaining financing. NuProject also provides mentorship and educational resources to prepare business owners to complete loan applications.

“NuProject is committed to redirecting the typical flow of financing so that small business owners in the cannabis industry, especially those who’ve been historically excluded from access to capital, can access the resources they need to grow their businesses,” said NuProject CEO Jeannette Ward Horton. “When cannabis business owners have access to financial support and the know-how to put that funding to work, they can run better businesses and have the opportunity to build generational wealth through the cannabis industry.”

NuProject and the CBO will administer the Cannabis Business Loan Program as a revolving loan fund. As loans to business owners are repaid, the interest generated will be reinvested into the fund to support future borrowers. The state’s initial investment of $1 million is expected to lend $2.9 million over the next 10 years, creating and retaining jobs in Colorado, according to state officials.

The Cannabis Business Loan Program is the third CBO funding source available for Colorado’s licensed social equity cannabis businesses and is designed to support larger, more established cannabis businesses as they continue to grow. The Cannabis Business Grant, launched in 2021, provides $25,000 Foundational Grants to help early-stage cannabis businesses with the costs to launch their operations and $50,000 Growth Grants to support existing cannabis businesses as they expand or refine their operations.

“Colorado’s Cannabis Business Loan Program is at the forefront of the cannabis industry, creating a new model to help these small business owners access the resources they need to grow and thrive,” said Eve Liberman, OEDIT executive director. “Together with NuProject, the Cannabis Business Office is making it possible for cannabis businesses to grow, create new jobs and contribute to a Colorado economy that works for everyone.”

Activists Seek More Support For Social Equity Businesses

Sarah Woodson, a cannabis social equity advocate and business owner, welcomes Colorado’s new loan program for eligible companies in the industry. But she also would like the CBO to update the public on the success of the earlier grant programs.

“It would be interesting to see what has happened with the money that has been given out so far,” Woodson told Westword. “I don’t think many of those businesses have opened yet.”

Woodson is calling on Colorado lawmakers to pass House Bill 1020, legislation that would allow social equity cannabis businesses to make deliveries directly to consumers without partnering with a licensed dispensary. The bill has been pending in the legislature for more than three months but has so far received only two hearings. Woodson said that the bill is being delayed by opposition from the established cannabis industry and a lack of funding. According to a fiscal note on the bill, creating the new licensing system necessary to implement the legislation would cost slightly more than $360,000.

“All we need is about $370,000 to pass our bill, yet we can’t find that,” she said.

Woodson said she is preparing a public records request to learn how much previous funding has been spent. If there is remaining funding, she would like to see the CBO cover the costs of implementing House Bill 1020.

“If there’s over $2 million left, then $370,000 shouldn’t be an issue,” she said. “If there’s $1 million or less, then that is a different issue.”

“The natural nexus is the CBO office, but we want to be respectful of what they have planned. We just want to know how much money is left, and that’s not very clear,” she added. “We’re asking for less than $370,000 for existing businesses to stay in business, many of which were started by the CBO. Social equity is one of the governor’s wildly important goals, so we need to get this done.”

Source: https://hightimes.com/business/colorado-launches-loan-program-for-cannabis-social-equity-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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