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Michigan wholesale marijuana prices stabilize for now after steep drop

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Wholesale marijuana flower prices in Michigan have leveled off and ticked upward in recent months, offering cause for cautious optimism among producers who suffered as prices plummeted during the past few years.

Michigan is a key state market for legal marijuana, projected to rank second only to California this year in terms of annual recreational and medical cannabis sales.

Industry insiders attribute Michigan’s modest wholesale price stabilization trend to several factors, including:

  • Absorption of last season’s glut of outdoor cannabis.
  • More municipal governments permitting retail sales.
  • Authorities cracking down on illicit activity in the licensed market.

If some players are “bringing in product that is not legal, not compliant, and selling it for pennies, essentially, it really has this really rough effect on the market, on pricing, (on) everything from flower to distillate,” said Narmin Jarrous, chief development officer at Livonia, Michigan-based vertically integrated cannabis company Exclusive Brands.

However, other factors are expected to continue putting downward pressure on prices: Michigan’s marijuana market remains home to significant outdoor production during the warmer months.

Also, Michigan has no statewide cap on the number of cannabis business licenses, making it uncertain whether the wholesale price stabilization will last.

Michigan’s adult-use market launched in December 2019, and in the early days, a pound of cannabis flower commanded an impressive premium propped up by tight supply and growing demand.

At the pinnacle of wholesale prices in February 2020, the average price per pound of flower was $3,883, according to sales data provided by New York-based cannabis wholesale platform LeafLink.

Michigan wholesale prices have yet to return to such lofty heights.

By February 2021, the average per-pound price for flower had crashed by 61% to roughly $1,510, LeafLink’s data shows.

Prices fell another 29% to $1,075 by February 2022, then slipped 27% year-over-year to $789 by February 2023.

For now, flower prices are on the upswing: The average per-pound wholesale price grew to $832 in April, $907 in May and $963 in June.

Still, memories of rock-bottom prices left a lasting impression on Michigan cannabis producers such as Rebecca Colett, CEO of Detroit-based cultivator and processor Calyxeum.

“Many cultivators were consolidating and closing, there was just so much surplus of weed on the market that cultivators were selling for $500 a pound, even $400 a pound – very crazy prices,” Colett said.

“And a lot of people couldn’t keep up.”

Shifting supply-demand equation

Legal cannabis retail sales in Michigan totaled $2.3 billion in 2022.

The 2023 MJBiz Factbook projects 2023 sales could be worth as much as $3.1 billion, including $220 million in medical marijuana sales.

With no statewide cap on the number of cannabis business licenses, Michigan has experienced “explosive license growth on both the supply and the demand side,” LeafLink strategist Ben Burstein said.

Burstein said a significant amount of cannabis retail came online in early 2020, alongside new cultivation licenses.

However, it took time for those new cultivators to “dial in their yields,” Burstein explained.

Wholesale prices stayed high for a time.

Meanwhile, the outbreak of the COVID-19 pandemic in early 2020 helped boost marijuana sales across the nation to record levels.

As capital flowed into Michigan’s legal marijuana market during the optimistic days of 2020 and into 2021, the number of cannabis business licenses swelled, Burstein said.

Meanwhile, existing cultivators were improving their yields and improving production capacity.

By late 2021, when the outdoor harvest came in, Burstein said Michigan “didn’t have enough demand to absorb that outdoor harvest. … And that’s when you see prices really start to fall.”

That wholesale flower price decline continued through 2022, once again exacerbated by the outdoor crop.

“(Michigan) didn’t have enough retail to internalize all of that additional supply of flower that came on during the outdoor harvest at the end of 2022,” Burstein said.

Some manufacturers turned that glut of flower into cannabis distillate and other derivative products, extending the oversupply issue to other product formats, he said.

Prices stabilizing, for now

The leveling and upward trend in Michigan’s wholesale flower prices for the past several months has different possible explanations, according to Burstein.

It has been months since the previous outdoor harvest, and much of that flower has been made into distillate.

Plus, some of the existing glut of flower has been bought up by consumers, he said.

Meanwhile, Burstein said, the volume of demand has increased relative to supply, in part because of seasonality but also as some local governments opt in to permitting cannabis sales and new retailers open.

Michigan’s most populous city, Detroit, launched recreational marijuana sales in January.

Another factor could be playing into the changing wholesale price trend in Michigan, according to Exclusive Brands’ Jarrous, who believes prices are “starting to stabilize.”

“And I think that’s in large part due to the increased enforcement action by the CRA,” she continued, referring to Michigan’s Cannabis Regulatory Agency.

“They’ve shut down several operators who had some illicit conduct that really affects the market and the pricing of the market.”

Calyxeum’s Colett observed that Brian Hanna, who was permanently appointed CRA chief in December 2022, is prioritizing enforcement.

“I do think one of the reasons that the prices dropped so drastically is because of some illegal activity that the CRA was not enforcing, and this new administration is just very enforcement-based,” she said.

Looking to the future

When wholesale flower prices were dropping, Michigan cannabis producers were forced to adapt to survive in the face of shrinking margins.

“We had to very quickly figure out how we can grow the same quality weed for cheaper,” Colett said.

For Calyxeum, the solution involved installing some automated production systems to help keep payroll expenses low and reducing packaging costs by seeking new vendors, ordering in bulk and investing in packaging machinery.

During the wholesale market’s lowest point, Colett said Calyxeum had to lower flower prices, “but we couldn’t cut them to $500, $700 a pound – we never went lower than $1,000,” Colett said.

These days, Colett said she can wholesale bulk pounds of flower for $1,000-$1,200 per pound and prepackaged eighths for $1,600-$1,700 per pound.

“I think the summer is really going to be a great time for cultivators to really make some money, because a lot of the outdoor grows got started late this year, just because of the weather,” Colett said.

“… I think there’s going to be a little bit of a (production) drought this summer, which is going to allow us cultivators to charge a little bit more premium, like we did during the pandemic.”

Looking forward, Exclusive’s Jarrous hopes that as Michigan’s still-young market matures, “we do see people stop panic-lowering their pricing, panic-reacting to the market.”

“I think once people feel more comfortable and confident in the industry, things will stabilize, as long as we continue to see support from the state agency,” she said.

Highlighting the seasonal nature of cannabis supply in Michigan, LeafLink analyst Burstein said he expects another hefty outdoor harvest later this year.

Plus, he said, the state has issued more cultivation and processing licenses since last year.

“With these newer licenses, you’re probably going to have higher plant counts, and again, you’re probably going to have really high supply relative to demand towards the end of the summer this year,” he said.

Even with more retailers open to sell that supply, Burstein expects that, with “one to two years of supply in the market, (retailers) just simply can’t go through (it) in a short enough amount of time, and prices are going to go back down.”

“So it’s seasonal in the industry, especially in markets with a lot of outdoor capacity exposure, for prices to start going back up around this time,” he said.

Colett said Calyxeum is “excited to start to improve our margins, but we’re still going to operate very lean, because I don’t know what’s going to happen in the fall – so we’re just trying to be very conservative right now.”

Source: https://mjbizdaily.com/michigan-wholesale-cannabis-prices-stabilize-after-steep-drop/

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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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