Business
Diddy Dodges a Bullet – Sean Combs Gets Out of a Bad Cannabis Deal as Cresco Labs and Columbia Care Call Off Merger Plans
Did P. Diddy just get let out of the worst deal of his life by two MSOs calling off a merger plan?
Cresco Labs and Columbia Care, both major players in the cannabis industry, have officially called off their planned $2 billion merger, as announced in March 2022. According to a recent news release, the termination comes without any associated costs. The decision was made considering the changing landscape in the cannabis sector, with Cresco Labs believing that this move is in the long-term interest of the company and its shareholders, as stated by Charles Bachtell, the CEO and co-founder of Cresco Labs.
The deal’s closure deadline had already been pushed back twice, with the latest extension set for June 30. However, the companies announced on June 30 that they had not divested overlapping assets, a requirement from marijuana regulators in several states. Consequently, the termination also affects the companies’ plans to sell assets in Illinois, Massachusetts, and New York to rapper and business mogul Sean “Diddy” Combs, resulting in the termination of this deal, effective July 28. The sale to Combs would have created the largest Black-owned marijuana multistate operator in the United States.
As they say, sometimes blessings come to those who wait, and time delays and industry conditions may have saved Diddy millions in overpriced assets. Cannabis.net covered the initial Diddy deal here and asked if Diddy was the “sucker in the room” as it appeared he drastically overpaid for cannabis assets in Massachusetts and New York. Thankfully, with the end of the Cresco Labs and Columbia Care merger, his own cannabis deal for those assets in now terminated. He may be able to come back in and get the same assets at 50% of what he agreed to pay less than a year ago.
Meanwhile, Columbia Care underwent internal restructuring earlier this year, streamlining its operations by laying off 25% of its corporate employees and closing some facilities. The company’s CEO, Nicholas Vita, expressed confidence in the significant strategic and operational strength achieved during the past 16 months, positioning them well in the company’s history at this pivotal moment. As both companies move forward separately, the decision to abandon the merger reflects the shifting dynamics and complexities within the rapidly evolving cannabis industry.
Understanding the Factors Behind the Deal’s Termination
According to a spokesperson for Cresco, the companies faced challenges in divesting assets in Florida and Ohio as required during the spring and summer. These difficulties were primarily due to the tough capital landscape, with financing falling through multiple times. The U.S. cannabis industry has been grappling with high-interest rates, low share prices, slow federal marijuana reform, inflation, and wholesale cannabis price compression, making it challenging to attract investment dollars into the sector.
Matt Bottomley, an analyst at Canaccord Genuity, stated in a July 31 newsletter that the macro-level challenges in various U.S. markets and limited investment interest in the industry made the necessary asset dispositions less appealing than initially anticipated. The negative market conditions have impacted the share prices of major players in the industry, including the AdvisorShares Pure US Cannabis ETF, which saw a significant drop from $20 in March 2022 to slightly above $5.
Before the announcement of the Cresco-Columbia deal in March, the share prices of Cresco Labs and Columbia Care experienced considerable declines. Citing these difficulties, equity analysts were not surprised by the termination of the deal. The operational downturn, combined debt of a merged company and challenges in divesting assets, led to slim prospects for the deal’s success. The assets’ reduced values and potential buyers’ difficulty securing funds further complicated the situation, making the termination an expected outcome, as noted by Owen Bennett, senior vice president of equity research at Jefferies Group.
Combs Global’s Unwavering Dedication: Advocating for Diversity in Cannabis Sector
Establishing the nation’s first Black-owned cannabis Multistate Operator (MSO) hinged on the successful closure of the deal between Cresco Labs and Columbia Care. Combs Global, led by the renowned rapper and business mogul Sean “Diddy” Combs, had agreed to purchase production and retail assets for up to $185 million in November of the previous year. The potential creation of a minority-owned operator, led by such a prolific and impactful entrepreneur, was deemed momentous and highly promising for an industry needing greater diversity of leadership and perspectives, as stated by Cresco’s Charles Bachtell at the time of the announcement.
However, following the termination of the Cresco-Columbia deal, the plans for the creation of the Black-owned cannabis MSO have also ended. Despite this setback, Combs Global President Tarik Brooks affirmed that the company remains committed to exploring opportunities in the cannabis industry and advocating for diversity. While the specific deal that would have facilitated the creation of the groundbreaking Black-owned operator may not have materialized, Combs Global’s dedication to pushing for inclusivity and diversity within the cannabis sector remains unwavering.
Cresco Labs and Columbia Care Forge Ahead
Cresco Labs has announced its new focus on “swift restructuring of low-margin operations, improving competitiveness, and driving efficiencies in markets where we maintain leading market share, and scaling operations to prepare for growth catalysts in emerging markets,” as stated by Charles Bachtell in a statement. The company aims to optimize its operations and position itself for growth opportunities amidst the rapidly evolving cannabis landscape.
On the other hand, Columbia Care provided a more detailed outline of its achievements thus far in the year and its plans for the third quarter in a separate news release. The outlined initiatives include pursuing uplisting to a senior U.S. exchange and consolidating its shares onto Cboe Canada (formerly known as the NEO Exchange) while delisting from the Canadian Securities Exchange. Additionally, Columbia Care plans to complete a corporate restructuring plan and finalise discussions with the largest holders of its 13% senior secured notes due in May 2024 for an exchange into the company’s 9.5% senior secured notes due in February 2026 on a one-to-one basis. The company also aims to close the sale of a 36,000-square-foot cultivation facility and retail outlet in downtown Los Angeles. It has made key additions to its executive team by appointing David Hart as president and chief operating officer and Jesse Channon as chief commercial officer.
Nicholas Vita, CEO of Columbia Care, expressed enthusiasm for the next stage of the company’s growth and expansion, with the past 16 months of uncertainty behind them. The renewed energy and dedication of the team position Columbia Care for a promising future in the cannabis industry.
Bottom Line
The planned $2 billion merger between Cresco Labs and Columbia Care has been officially called off due to changing dynamics in the cannabis industry. Facing challenges in divesting assets in Florida and Ohio, the companies decided to terminate the deal, resulting in the cancellation of plans to create the country’s first Black-owned cannabis Multistate Operator. Despite the setback, Combs Global remains committed to exploring opportunities and advocating for diversity in the cannabis sector. Both Cresco Labs and Columbia Care are now focusing on optimizing their operations and pursuing growth opportunities individually. As the cannabis industry continues evolving, companies adapt their strategies to navigate the complex landscape.
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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