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For plant-touching marijuana companies, most lending options tied to property

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When it comes to borrowing money as a marijuana company, most roads lead to real estate.

“The industry has challenges accessing capital markets that other industries do not,” Travis Goad, managing partner at Pelorus Equity Group, said of plant-touching marijuana companies.

“In a fully developed market, there’s real estate as one lending source and then there are pure corporate loans as another lending source. In this space, the vast majority of financing is tied to your real estate,” added Goad, whose firm is a cannabis-focused real estate lender.

Applications for cannabis business licenses often require proof of real estate, leaving precious little capital for successful applicants to get their companies up and running.

For marijuana businesses that own property, there are three main ways to borrow, according to Goad, who runs Pelorus’ New York office:

Real estate lending: These loans require borrowers to contribute 25%-40% in equity. The other 60%-75% of the facility’s cost is returned to the borrower in the form of a mortgage, which can be used for construction and other business purposes.

Sale-leaseback agreements: Some finance companies offering sale-leaseback agreements will purchase a property for 100% of a site’s cost to complete, though financing costs are typically higher than with traditional real estate lending.

Business-development company: Lenders in this category might offer up to 180% of a property’s value. However, the higher proceeds come with stringent corporate covenants, higher costs and often require giving up board seats or other control to the lender.

Lenders are looking for hard assets to back their loans, and few options exist for no-asset lending in the cannabis industry.

Shopping around

Dana Arvidson, chief operating officer of Boston-based Tilt Holdings, said that when his company started looking for options to raise funds, the executive team met with the “main providers in the market.”

Tilt, which provides cannabis technology and hardware as well as cultivation and  manufacturing, let the lenders know that its executives were meeting with other groups, the process was competitive and they were looking for the “most attractive rates and terms possible.”

Tilt ultimately chose Innovative Industrial Properties (IIPR), a San Diego-based real estate investment trust, to fund a $40 million sale-leaseback agreement on a 104,000-square-foot cultivation and manufacturing facility in Taunton, Massachusetts. The first deal closed in May 2022, and the multistate operator expects to close a second sale-leaseback on a cultivation-manufacturing property in White Haven, Pennsylvania, this quarter.

“We had done this calculus leading up to the transaction that we did in May of last year. One option that we explored pretty closely was to finance the property specifically with a mortgage, which can be pretty attractive in some ways, because you can get bank-level interest rates and retain ownership of the property,” Arvidson said.

“The challenge that we found with bank financing is that banks are somewhat limited in how they can value cannabis cultivation properties, given the federal status of cannabis. They don’t have the ability to value the property at quite the same level as a sale-leaseback.

“Given that, for us, the purpose of the (funding) was ultimately to retire long-term debt, it made the most sense for us to enter into a sale-leaseback,” he said.

The Massachusetts sale-leaseback agreement netted Tilt $27 million in proceeds. In exchange, Tilt will lease the facility back from IIPR for 20 years, with the possibility of two, five-year extensions.

Transactions slowing

In early January, Goad said Pelorus was offering construction loans with interest rates in the “mid-teens” and rates for “stabilized loans,” or facilities that are already operational, starting in the low teens.

Paul Smithers, CEO of IIPR, told MJBizMagazine via email that, “We continue to see 15-20-year lease terms and low- to mid- double-digit initial yields, with fixed-rate annual escalations.”

According to New York City-based Viridian Capital Advisors, cannabis capital raises were down 64% from the previous year as of Oct. 28, 2022, with debt financing accounting for more than 95% of all capital raised.

IIPR’s sale-leaseback deals, too, were down more than 75% from the previous year as of Sept. 30, 2022, according to an investor presentation by the REIT.

Smithers said that “all capital providers to the cannabis industry saw a slowdown in 2022 due to various headwinds experienced across the industry: lack of capital availability across the board and ever more stringent underwriting requirements.”

“This is not to say that the demand for capital—and specifically real estate capital—has waned in a material way from prior years, but sale-leaseback deal activity can mirror the broader capital raising/M&A ebbs and flows experienced by the industry in general.”

Al Brooks, head of commercial real estate for banking giant JPMorgan Chase & Co., said in a December 2022 report that he expects “challenges ahead” in 2023.

“Retail is at a crossroads, and the future of office space is unclear. Plus, supply chain issues persist, and inflation is near 40-year highs, prompting the (Federal Reserve) to steadily increase interest rates,” Brooks wrote.

 Weighing the options

Boca Raton, Florida-based multistate operator Jushi Holdings took on a sale-leaseback deal when it acquired Pennsylvania Medical Solutions (PAMS), a grower-processor with operations in Scranton, Pennsylvania, from Vireo Health in 2020.

“When we inherited the business, we inherited the current lease with the current market cap rates and the dollars that have been put toward the building that we are moving into,” said Trent Woloveck, chief strategy director at Jushi.

Woloveck said that Jushi carefully considered the sale-leaseback deal when it was conducting due diligence on the PAMS acquisition, given that Jushi had been able to grow its own business using other funding tools and assuming minimal debt.

“Financing other large capex (capital expenditure) projects … off our own balance sheet … has allowed us flexibility as we continue to move forward and be in a better position to take cheaper debt,” Woloveck said. “The issue with the sale-leaseback is it’s forever.”

While traditional real estate loans often have a clause for early repayment, sale-leaseback agreements are typically for 15-20 years, and refinancing options are few.

Goad, the marijuana lender from Pelorus, posited that “when there’s a legalization event … you don’t get to benefit from that, because you’ve locked in today’s cost of capital, and it goes up every year.”

“When all your competitors may be able to go borrow at 7%, you are stuck paying 12% or 15%,” he said.

That said, the timing of legalization is anyone’s guess.

Smithers, meanwhile, said that the long-term nature of sale-leasebacks provide operators with “long-term control over their mission-critical facilities … without the added risk of near-term maturity dates.”

Doubling down

In the case of Jushi’s Pennsylvania facility, the previous owner entered a 15-year, $8.6 million sale-leaseback deal in 2018. The amount included $2.8 million worth of tenant improvements on the 89,000-square-foot industrial space.

In 2021, after acquiring the property, Jushi expanded its agreement with IIPR for an additional $30 million. At the time, the MSO announced it would use the extra cash to finish building out the facility and expand it by 40,000 square feet.

Vireo’s initial sale-leaseback agreement with IIPR—the largest provider of such deals to the marijuana industry—was for annualized aggregate base rent equal to 15% of the sum of the purchase price and tenant improvements. In addition, rent was subject to annual increases of 3.5% for the term of the lease.

Woloveck said that Jushi has “done subsequent borrows on the property in deals with IIPR, and we’ve been able to negotiate a lower cap rates based on our credit.

“Those have been at different rates than what the original deal was struck at,” he added.

In December, Jushi entered a $2 million sale-leaseback deal with Los Angeles-based XS Financial, a capital financing provider, for heavy equipment such as Auto Cure, which automates the cannabis drying and curing process.

“Things that IIPR wouldn’t give us credit for roll into the principal amount. XS is a backstop from that perspective,” Woloveck said.

Source: https://mjbizdaily.com/for-plant-touching-marijuana-companies-most-lending-options-tied-to-property/

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Alleged Crores Pharma Scam Mastermind Arrested from Surat

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After evading law enforcement for nearly 13 years, an accused linked to a large-scale pharmaceutical fraud case has been arrested by Delhi Police from Surat, Gujarat. The suspect is alleged to have orchestrated a series of financial scams involving fake identities, forged documents, and dishonoured cheques used to procure high-value pharmaceutical raw materials.

Authorities say the accused, identified as Himmat Singh Lodha, is believed to have defrauded multiple pharmaceutical companies in Delhi of goods worth approximately ₹98 lakh before disappearing and remaining underground for years.

Fake Business Deals and Dishonoured Cheques Used in Fraud

Investigators claim the accused posed as a legitimate pharmaceutical trader and placed bulk orders for expensive drug ingredients, offering post-dated cheques as payment security.

In one documented case from 2013, he allegedly obtained around 550 kilograms of Gliclazide, a diabetes-related pharmaceutical ingredient, valued at over ₹26 lakh. When suppliers attempted to encash the cheques, they were reportedly returned with the remark “account closed.”

Following the transaction, the accused allegedly vacated his office and rented residence and disappeared without settling payments. He was later declared a proclaimed offender in 2016 after repeatedly failing to appear before court proceedings. Authorities had also issued a reward for information leading to his arrest.

Multiple Identities and Repeated Fraud Pattern

Police investigations further link the accused to another cheating case dating back to 2012, where he allegedly used a fake identity, “Kailash Jain,” to obtain a large consignment of Ambroxol HCL, a pharmaceutical compound used in cough medications. The value of that consignment was estimated at around ₹72 lakh.

Officials believe the accused followed a consistent modus operandi—posing as a credible businessman, securing high-value goods on deferred payment terms, and then disappearing after delivery while shutting down business operations.

Investigators suspect that forged business records, fake company credentials, and fabricated financial histories were used to build trust with suppliers and gain access to expensive raw materials.

Multi-State Surveillance Leads to Arrest in Surat

A special Crime Branch team tracked the accused through coordinated surveillance efforts across multiple cities, including Mumbai, Ahmedabad, and Surat. After nearly a month of technical monitoring and intelligence gathering, officials located and arrested him from a residential area in Surat.

Authorities also revealed that the accused had been involved in property-related activities while staying under the radar to avoid detection.

Growing Threat of Corporate Identity Fraud

The case highlights a rising trend of organised financial fraud targeting industries that rely heavily on trust-based transactions and deferred payments. Experts note that criminals increasingly exploit gaps in corporate verification systems by using fake GST registrations, temporary offices, and forged documentation to appear legitimate.

Cybercrime and financial fraud specialists warn that such schemes are becoming more complex with the widespread availability of digital business tools, making it easier to create convincing but fraudulent corporate identities.

Experts Urge Stronger Due Diligence in High-Value Transactions

Experts, including former IPS officer and cybercrime specialist Prof. Triveni Singh, emphasize the need for stricter verification procedures in commercial dealings. He noted that relying solely on paperwork or digital business profiles can expose companies to significant financial risk.

Authorities and industry experts recommend physical verification of business operations, bank account validation, and detailed background checks before engaging in high-value or deferred-payment transactions—particularly in sectors like pharmaceuticals, where single consignments can involve transactions worth crores.

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EU Pressure Builds on Google as Regulators Face Calls for Massive Fine Over Search Practices

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A growing coalition of European industry groups is intensifying pressure on regulators to take decisive action against Google over allegations of unfair search practices that could reshape competition rules across the region’s digital economy.

Investigation Under Digital Markets Act Gains Momentum

The case is being examined by the European Commission under the European Union’s landmark Digital Markets Act (DMA), introduced to curb the dominance of major technology platforms and ensure fair competition.

Launched in March 2024, the investigation focuses on whether Google has been prioritising its own services in search results, potentially disadvantaging rival businesses that rely on online visibility to reach customers.

Industry Groups Demand Swift Action

Several prominent European organizations have jointly urged regulators to conclude the probe without further delay. They argue that prolonged investigations allow alleged anti-competitive practices to continue, putting European companies—especially startups—at a disadvantage.

Signatories include the European Publishers Council, the European Magazine Media Association, the European Tech Alliance, and EU Travel Tech.

In a joint statement, these groups warned that delays in enforcement are affecting innovation, profitability, and growth prospects for regional businesses competing in digital markets.

Google Denies Allegations

Google has rejected claims of bias, stating that its search algorithms are designed to deliver the most relevant and useful results to users. The company has also proposed adjustments to address regulatory concerns.

However, critics argue that these changes are insufficient and fail to address the core issue of market dominance.

Potential Billion-Euro Penalties

If found in violation of the DMA, Google could face significant financial penalties. Under EU rules, fines can reach a substantial percentage of a company’s global turnover, potentially amounting to billions of euros.

Regulators may also impose corrective measures requiring changes to business practices, which could have long-term implications for how digital platforms operate in Europe.

Wider Implications for Big Tech

The case highlights ongoing tensions between European regulators and major U.S. technology firms. In recent years, the EU has taken a more aggressive stance in enforcing competition laws, aiming to create a level playing field for local businesses.

A final ruling against Google could set a major precedent, influencing future enforcement actions and shaping the regulatory landscape for global tech companies operating within Europe.

As scrutiny intensifies, the outcome of the investigation is expected to play a critical role in defining the future of digital competition across the European Union.

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Amazon Faces Potential Criminal Trial in Italy Over €1.2 Billion Tax Evasion Allegations

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Milan: U.S. tech giant Amazon is facing the prospect of a major legal showdown in Italy, after prosecutors in Milan formally requested a court to move forward with criminal proceedings over alleged tax evasion totaling approximately ₹12,500 crore (€1.2 billion).

The case targets Amazon’s European division along with four senior executives, marking one of the most significant tax-related investigations involving a global e-commerce platform in Europe.

Trial Push Despite Multi-Million Euro Settlement

The move comes even after Amazon reached a financial settlement with Italian tax authorities in December, agreeing to pay around ₹5,500 crore (€527 million), including interest, to resolve part of the dispute.

Typically, such settlements lead to the closure of criminal investigations. However, Milan prosecutors have opted to proceed, signaling a tougher stance on alleged corporate tax violations.

A preliminary hearing is expected in the coming months, where a judge will decide whether to formally indict the company and its executives or dismiss the case.

Allegations of VAT Evasion Through Marketplace Sellers

At the center of the investigation are claims that Amazon’s platform enabled non-European Union sellers to avoid paying value-added tax (VAT) on goods sold to Italian consumers between 2019 and 2021.

Prosecutors allege that the company’s marketplace structure allowed thousands of foreign vendors—many reportedly based in China—to operate without fully disclosing their identities or tax obligations. This, authorities argue, led to substantial VAT losses for the Italian government.

Under Italian law, online platforms facilitating sales can be held partially liable if third-party sellers fail to comply with tax requirements, a key point in the prosecution’s case.

Italian Government Named as Affected Party

In their filing, prosecutors identified Italy’s Economy Ministry as the injured party, citing significant financial damage resulting from the alleged tax evasion.

Legal experts say the outcome of the case could have wide-ranging implications across the European Union, where VAT systems are harmonized and similar compliance rules apply to digital marketplaces.

Multiple Investigations Add to Pressure

The VAT probe is just one of several legal challenges facing Amazon in Italy. The European Public Prosecutor’s Office is reportedly examining additional tax-related issues covering more recent years.

Meanwhile, Milan authorities are pursuing separate investigations into alleged customs fraud linked to imports from China and whether Amazon maintained an undeclared “permanent establishment” in Italy—potentially exposing it to higher tax liabilities.

In a separate regulatory action, Italy’s data protection authority recently ordered an Amazon unit to stop using personal data from over 1,800 employees at a warehouse near Rome.

Amazon Denies Allegations

Amazon has consistently denied wrongdoing and indicated it will strongly contest the allegations in court if the case proceeds. The company has also warned that prolonged legal uncertainty could impact investor confidence and Italy’s appeal as a destination for international business.

Broader Impact on Europe’s Digital Economy

If the case moves to trial, it could become a landmark moment for the regulation of global e-commerce platforms in Europe. Governments across the region are increasingly scrutinizing how digital marketplaces handle tax compliance, especially in cross-border transactions.

With online retail continuing to expand, regulators are under mounting pressure to ensure that multinational platforms and third-party sellers adhere to the same tax rules as traditional businesses.

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