Connect with us

Business

Las Vegas marijuana consumption lounges encounter delays

Published

on

Marijuana operators and consumers anticipating consumption lounges opening this summer in Las Vegas will probably have to wait.

Administrative setbacks, tight funding and changing regulations governing smoke ventilation have likely delayed the launch of dozens of lounges for months, with the real possibility that only a few might open by year-end, industry experts told MJBizDaily.

The Nevada Cannabis Compliance Board (CCB), the state’s chief marijuana regulator, could address the regulatory issues at a June 20 meeting.

Industry executives have raised concerns about the state’s consumption-lounge regulations, particularly those covering indoor air quality and the related, astronomic costs of installing and maintaining air-ventilation systems.

Those expenditures – which can amount to hundreds of thousands of dollars – would render consumption areas economically unfeasible for most operators and a near impossibility for social equity licensees, according to cannabis insiders.

The industry for years has closely followed marijuana consumption-lounge developments in Las Vegas, given its potential for cannatourism and global reputation for hospitality innovation.

Despite some earlier projections that lounges were on pace to open in 2022, the only legal consumption lounge in Nevada is the NuWu Cannabis Marketplace located on tribal land about two blocks from downtown Las Vegas.

The space, which has an outdoor dab and cannabis-infused beverage bar, is regulated by the Las Vegas Pauite Tribe, not state government.

The latest setback in the national rollout of consumption areas – largely considered the next iteration in marijuana retail and events – might prove temporary.

That’s because Nevada regulators appear ready and willing to find an amicable solution with operators and other stakeholders regarding air-ventilation concerns.

“We know that we’re going to have to make tweaks to truly launch a successful license program like lounges,” CCB Executive Director Tyler Klimas told MJBizDaily.

More capital concerns

When Nevada regulators established a framework for consumption operations, they included stringent air-quality standards – far more restrictions than for traditional hookah bars and taverns, where patrons in Nevada can still smoke tobacco products if the smoking venue is located in a separate room and is off-limits to minors.

Now that a few consumption spaces are in build-out and others are assessing air ventilation-equipment needs, some hard costs are materializing.

“It’s hundreds of thousands of dollars just to have a system, and if you’re talking about a 2,000- or 3,000-square-foot space, that’s a lot of money just to move air,” said Scot Rutledge, partner at Argentum Partners, a government affairs and marketing firm based in Reno.

Rutledge was the chief lobbyist of the lounge bill in the 2021 legislative session and represents MJBiz in some Nevada dealings, particularly the annual MJBizCon conference at the Las Vegas Convention Center.

Sara Stewart, a consumption-lounge expert, is refocusing efforts in Nevada on helping licensees raise capital rather than providing consulting services.

“As a company, we have realized that license holders don’t have the capital, experience or know-how to open and operate these brand-new businesses,” said Stewart, the co-founder of Ritual Cannabis Hospitality in Los Angeles.

When Nevada regulators approved consumption lounges a year ago, they estimated 60-65 licenses would be issued.

Of those, roughly 40-45 licenses would be attached to existing marijuana stores and another 20 would go to independent lounges, including 10 for social equity applicants, or individuals with a nonviolent marijuana conviction and who live in a designated disadvantaged area.

Timelines in flux

Red tape and other administrative setbacks have derailed progress as well.

The CCB extended deadlines for license holders to submit provisional-use checklists, which include information on business plans, operations and executive experience, among other things.

Several social equity applicants failed to certify the required $200,000 in liquid assets to qualify.

They also needed more guidance on completing paperwork on business development and operating protocols, according to Stewart, who is working with several applicants.

“I don’t think any lounges will be open this summer unfortunately, as the CCB deadline was pushed back a bit and most don’t have locations or are just starting construction,” she said.

“We are actively raising capital for several of them now, so hopefully by next summer we will be opening doors on at least three concepts.”

Multistate cannabis company Planet 13 Holdings planned to convert its Mexican eatery, Trece, into a consumption lounge, restaurant and entertainment experience within its 112,000-square-foot superstore just off the Las Vegas Strip.

The company isn’t providing a timeline on the consumption lounge, a spokesperson told MJBizDaily via email.

Rutledge, who’s working with a few consumption-license clients, expects to see a few venues open in September or October, particularly the ones in build-out.

Many others are awaiting final regulations before moving forward, he said.

“It’s unfortunate, because we’d hoped to see some lounges open up this spring, but it turns out, it’s going to take just a little bit longer,” Rutledge added.

“I think in August we finalize any outstanding regs and then open in Q3 of this year. If not, the beginning of Q4.”

Movement stalls nationwide

Consumption lounges are primarily clustered in only three markets in the country: Denver, Los Angeles and San Francisco.

Last year, Chicago-based multistate operator Green Thumb Industries opened Illinois’ lone retail cannabis consumption lounge under its Rise brand in suburban Mundelein.

A few states such as Maryland, which is set to launch adult-use sales July 1, allow consumers to bring their own marijuana and consume it at so-called cannabis cafes but restrict the sale of MJ products at these venues.

House Bill 0566, which Maryland Gov. Wes Moore signed into law May 3 establishing a recreational cannabis program, allows for 15 of these “designated-use” establishments in the state.

Massachusetts regulators in May scrapped a pilot program to establish cannabis cafes in 12 municipalities, likely ending the potential for consumption spaces to open in that state this year.

Despite industry and local setbacks, CCB’s Klimas is confident Nevada will develop a successful ,marijuana consumption industry, partly because of Las Vegas’ leadership position in hospitality and a few key rules the Las Vegas City Council approved in March – including smoking and edibles consumption outdoors as well as retail.

“Nevada has the most comprehensive social-use consumption lounge allowances out there,” he said.

“If you’re going to be successful doing it anywhere, Las Vegas is going to be high on that list.”

Source: https://mjbizdaily.com/las-vegas-marijuana-consumption-lounges-encounter-delays/

Business

New Mexico cannabis operator fined, loses license for alleged BioTrack fraud

Published

on

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/

Continue Reading

Business

Marijuana companies suing US attorney general in federal prohibition challenge

Published

on

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/

Continue Reading

Business

Alabama to make another attempt Dec. 1 to award medical cannabis licenses

Published

on

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/

Continue Reading

Trending

Copyright © 2022 420 Reports Marijuana News & Information Website | Reefer News | Cannabis News