Business
Marijuana MSOs report mixed financial results after tough year
Some marijuana multistate operators have weathered the perfect storm of macroeconomic headwinds, cannabis-specific challenges and legislative disappointments better than others, as evidenced by full-year and fourth-quarter results reported this spring.
Analysts and cannabis industry executives said they underestimated the impact of a multitude of challenges in the fourth quarter, which included:
- Inflation driving up the cost of operations, many of which are business expenses that don’t qualify for tax breaks because of Section 280E of the federal tax code.
- Inflation driving down consumer spending in many state markets, causing some shoppers to forgo premium products in favor of less expensive value brands.
- Soaring interest rates, which increased the cost of raising capital.
- Falling wholesale cannabis prices driven by glutted markets.
- Lack of progress on banking reform or other key efforts at the federal level.
While most of those factors aren’t expected to shift any time soon, there’s hope that prices are stabilizing in some markets and that lobbying efforts to relieve the industry of 280E will eventually prove fruitful.
For the time being, however, at least some marijuana MSOs have proved to be more successful in confronting the financial and economic headwinds.
Jesse Redmond, managing director and head of cannabis research at Florida-based investment analyst group Water Tower Research, singled out Green Thumb Industries and MariMed for reporting strong results in spite of the headwinds.
Chicago-headquartered Green Thumb Industries reported $1 billion in revenue in 2022, a 14% increase from 2021.
Cash flow from operations was $159 million, and the company reported a net income of $12 million.
Massachusetts-based MariMed grew revenue to $134 million in 2022 from $121.5 million the previous year.
The company also reported a net income of $13.6 million, up from $7.6 million in 2021, and positive cash flow from operations for the third year in a row.
Morgan Paxhia, a co-founder and managing director of San Francisco-based Poseidon Investment Management, also flagged Green Thumb’s results for being impressive and added both TerrAscend Corp. and Ascend Wellness Holdings to his list of solid performers.
New York-based Ascend Wellness grew its net revenue to $405.9 million in 2022, a 22.1% increase over to 2021.
Ascend reported a net loss of $80.9 million in 2022 compared with $122.7 million in 2021.
TerrAscend, which has offices in California, Pennsylvania and Ontario, Canada, grew its revenue to $247.8 million in 2022, a 27.6% increase from 2021.
The company’s net loss was $299.4 million in 2022 due to a non-cash impairment charge recorded against goodwill and intangibles for its Michigan business.
“You look at TerrAscend, and today they have one of the higher growth rates in the industry, and forward-looking too,” Paxhia said.
“Same thing with Ascend,” he said. “They have good growth prospects, and we are a growth industry.”
Underestimating the challenges
But among the bright spots were plenty of companies reporting lackluster results.
Analysts and cannabis industry management teams underestimated the impact of the combination of factors working against them.
Multiple analysts anticipated that banking reform would pass in the fourth quarter, which it did not.
“The analyst community has been a little late in bringing down expectations,” Redmond said, with many multistate cannabis operators reporting earnings below analyst consensuses.
“I am guilty of being too optimistic.”
Florida-based Jushi Holdings, for example, reported $76.8 million in revenue in the fourth quarter versus consensus of $77.1 million and adjusted earnings before interest, taxes, depreciation and amortization (EBITDA) of $6 million versus consensus of $4.1 million, according to a report by Canada-based ATB Capital Markets stock analyst Kenric Tyghe.
Chicago-based Cresco Labs also missed consensus estimates, “primarily due to much weaker than expected margins and EBITDA,” analyst Andrew Semple wrote in a report for California-headquartered Echelon Partners.
In addition, management teams underestimated the impact of macroeconomic headwinds and the lack of federal cannabis reform.
According to Ernst & Young’s Cannabis CEO Survey – which asked chief executives of U.S. and Canadian marijuana companies to reflect on 2022 and make predictions for 2023 – 51.5% of respondents said their business strategies performed below expectations.
While 69.7% of respondents said their companies performed in line with expectations from a top-line perspective, 57.6% of respondents said they performed behind what they planned to from a bottom-line perspective.
Price compression, competition and regulatory complexity were the top three reasons cited.
“All of this had a negative impact on performance and profitability,” the EY report noted.
All eyes on free cash flow
EBITDA is losing ground to free cash flow, or operating cash flow, as a reliable metric to gauge a cannabis company’s progress, Redmond said.
On SeekingAlpha’s Cannabis Investing Podcast on March 29, Jerry Derevyanny, a partner at Los Angeles-based venture capital firm Bengal Capital, said EBITDA is a “dangerous number in cannabis.”
For one, EBITDA is misleading for cannabis companies that are deferring their tax payments to the IRS because they reason that “borrowing” that money comes at a lower cost than borrowing from lenders, Derevyanny said.
There are also maintenance capital expenditures on cannabis real estate, he said.
“These facilities, especially some of the first-gen facilities, are going to start to see, I think, major retrofits in the coming years, and some of them honestly might need to be shelved completely and be written off, like some of the facilities in Canada,” he said.
EBITDA also glosses over the cost of capital, he said, which can be even more material in cannabis.
Among the top five multistate cannabis operators, Redmond said, only Green Thumb Industries generated tax-adjusted operational cash flow of $154 million.
MariMed reported $12.3 million in tax-adjusted operational cash flow.
On the other end of the spectrum, New York-based multistate operator Columbia Care reported minus $119 million in tax-adjusted operational cash flow, he said.
‘Bad M&A’ takes a toll
Mergers and acquisitions slowed in 2022, and the size of transactions also decreased.
M&A in 2021 was characterized by megadeals, such as Florida-based MSO Trulieve Cannabis’ acquisition of Arizona-headquartered Harvest Health & Recreation, which was initially valued at about $2.1 billion.
Paxhia called that price an overly high amount.
“I think Trulieve is a poster child for a bad M&A deal,” Paxhia said.
Now, he said, the company is struggling to cut costs and grow its core business.
On the company’s fourth-quarter and full-year earnings call on March 8, CEO Kim Rivers noted the unfavorable “timing” of the acquisition.
“The timing of this major expansion at Trulieve coincided with a reversal in favorable economic trends brought about by the unwinding of COVID-related tailwind and a decades-long period of global excess liquidity,” she said.
“The goal of 2022 was to digest and integrate Harvest, while transforming the company into a scaled multistate operator.”
But Trulieve is hardly alone.
The industry has had a disproportionate number of bad M&A deals, according to Paxhia.
Redmond estimates that capital expenditures among the top five Tier 1 cannabis MSOs have decreased by about 60% in the past year, and he expects that trend to continue across the board in 2023.
Florida-based Ayr Wellness, for example, canceled its acquisition of Chicago-based retailer Dispensary 33 in January.
“You can’t just magically turn on more revenues, unfortunately,” Redmond said. “And so, it’s easier to cut costs.”
Small signs of relief
If recreational cannabis were legalized in Florida, an initiative Trulieve is financially backing, the company is well-positioned to capitalize on the influx of both local and tourist dollars, Redmond said.
Prices are also showing signs of stability in some markets, such as California, Michigan and Oregon, he said.
In California, prices have rebounded in part because more than 800 cultivators have let their licenses expire rather than renew them, he said.
Maryland’s adult-use market, which is scheduled to launch in July, will also be beneficial to the multistate operators that are already set up in the medical market.
But what will really move the needle is federal reform.
“280E has got to go,” Paxhia said, pointing to the punitive federal tax code.
Allowing cannabis companies to deduct business expenses would be beneficial to all in the industry, he said, not just multistate operators.
“If you want to do things that are bullish for small companies in cannabis, you’ve got to get rid of 280E,” Paxhia said.
“It is just sucking the cash out of these things.”
Source: https://mjbizdaily.com/cannabis-multistate-operators-report-mixed-financial-results/
Business
Alleged Crores Pharma Scam Mastermind Arrested from Surat
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.
Business
EU Pressure Builds on Google as Regulators Face Calls for Massive Fine Over Search Practices
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.
AI & Technology
Amazon Faces Potential Criminal Trial in Italy Over €1.2 Billion Tax Evasion Allegations
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.
-
Business3 years agoPot Odor Does Not Justify Probable Cause for Vehicle Searches, Minnesota Court Affirms
-
Business3 years agoNew Mexico cannabis operator fined, loses license for alleged BioTrack fraud
-
Business3 years agoAlabama to make another attempt Dec. 1 to award medical cannabis licenses
-
Business3 years agoWashington State Pays Out $9.4 Million in Refunds Relating to Drug Convictions
-
Business3 years agoMarijuana companies suing US attorney general in federal prohibition challenge
-
Business3 years agoLegal Marijuana Handed A Nothing Burger From NY State
-
Business3 years agoCan Cannabis Help Seasonal Depression
-
Blogs3 years agoCannabis Art Is Flourishing On Etsy
