Connect with us

Business

Minnesota hemp edibles law ushers in new rivals, upends marijuana market

Published

on

Minnesota’s two medical marijuana providers suddenly face droves of new rivals thanks to a groundbreaking state law that allows the sale of intoxicating hemp-derived THC edibles in mainstream retail outlets such as grocery and convenience stores.

The law – passed by state lawmakers in May – unleashed a cannabis boom when it took effect July 1 and reshaped the Minnesota market into what is likely the only one of its kind in the nation.

In effect, the sale of hemp-based, THC-infused food and drinks amounts to what is an adult-use marijuana market.

At the same time, Minnesota’s two licensed medical marijuana providers – owned by Verano Holdings and Green Thumb Industries (GTI), both based in Chicago – now confront an unknown and unlimited number of retailers peddling intoxicating hemp-derived edibles.

Moreover, the reinvigorated market is attracting interest from out-of-state hemp farmers and manufacturers.

Under the new law, essentially anyone with the money can set up shop and sell the hemp-derived products.

“The odd thing about our new law is there’s no license requirement whatsoever, so you don’t need anyone’s permission to start selling,” said Jason Tarasek, founder of the law firm Minnesota Cannabis Law.

“If you can afford to rent a storefront, you’re ready for business.”

By contrast, Verano, which owns Green Goods-branded dispensaries, and GTI, which runs Rise stores, together operate only 14 MMJ retail outlets across the state.

In addition, the two Illinois-based companies are a month behind the hemp retailers in selling edible products.

While hemp-derived edibles went on sale July 1, Verano and GTI weren’t allowed to start selling marijuana-based edibles until Aug. 1.

“This may be a competitive setback for them in the short term,” Tarasek said, adding that a variety of new providers of hemp-derived edibles are likely to enter the market.

“You’re going to see consumption lounges. Bars … will start offering THC products right in their main area or perhaps have a little satellite THC area.”

Endless opportunities?

The new law allows both delta-8 THC and delta-9 THC products as well as other intoxicants derived from hemp.

It also limits the hemp-derived intoxicants to 5 milligrams of THC per serving, with a maximum of 50 milligrams of THC per package.

Other restrictions include:

  • Edibles must be in childproof and tamper-evident packages and carry the label, “Keep this product out of reach of children.”
  • Products can’t be “modeled after a brand of products primarily consumed by or marketed to children” or “packaged in a way that resembles the trademarked, characteristic, or product-specialized packaging of any commercially available food product.”
  • Products must be tested for mold, heavy metals, pesticides, fertilizers and solvents.

But since sales of the THC-infused edibles began, there has been an onslaught of demand from consumers, said Steven Brown, the CEO of retailer Nothing But Hemp and a co-founder of the Minnesota Cannabis Association (MCA).

That, in turn, has given immediate rise to a slew of entrepreneurs looking to capitalize on the wave of edibles-hungry Minnesotans.

“There’s definitely a miniature green rush,” said Brown, who has become both a retailer and a wholesaler of hemp-based, THC-infused edibles.

“The opportunity is endless right now.”

Combine that with a low entry threshold plus a surge in demand from Minnesotans, and the state is experiencing a cannabis revolution, according to Brown.

“What’s really nice about this is it gives the opportunity for minorities and low-income people to actually have an opportunity in the cannabis industry,” he added.

However, those opportunities already are facing limits.

Several Minnesota municipalities have imposed moratoriums on cannabis edibles, and others are considering bans.

Marijuana edibles, too

The edible products that Verano and GTI were allowed to begin selling on Aug. 1 are derived from marijuana versus hemp.

That change, implemented by regulators, was announced last December.

Verano and GTI have an advantage over their hemp counterparts in at least one respect: THC potency.

The two multistate operators are allowed to sell up to 100 milligrams of THC per edibles package, with 10 milligrams per serving.

That’s twice the potency limits of the hemp-derived edibles.

Spokespeople for Verano did not respond to MJBizDaily requests for comment.

A GTI spokesperson declined to comment to MJBizDaily.

But a GTI spokesperson told TV station KIMT that an advantage to regulated medical marijuana edibles is their proven lab-tested quality assurance, which means consumers know their products are free of contaminants.

The Minnesota medical marijuana market is projected to hit $70 million to $90 million in sales this year, excluding hemp-based edibles, according to the 2022 MJBiz Factbook.

That’s up from an estimated $60 million to $75 million in 2021.

The start of hemp-based edibles sales overshadowed the marijuana edibles launch, in part by beginning a month earlier.

That might have given hemp-focused businesses such as Brown’s a leg up with consumers, said Tarasek, the Minnesota attorney.

But, he added, “I don’t think it’s any secret that our two medical marijuana manufacturers are here, biding their time, waiting for the adult-use marijuana market to open.”

It’s unclear if and when the state might approve adult-use sales, however.

Legislators have so far failed to agree on legislation, and industry insiders are divided on whether full legalization will happen in the near future.

Once that comes to pass, Tarasek believes, it’s Verano and GTI that are really positioned to be the big winners.

Either way, the future holds more cannabis regulatory changes, Tarasek and Brown agreed.

“Give it another six months. There’s going to be some real regulation behind hemp-derived THC,” Brown predicted.

When lawmakers return to the state capitol next year, Tarasek said, they could simply take the hint from their constituents and decide to fully legalize recreational marijuana: But that will entail the enactment of new rules – and probably taxes – for the hemp supply chain.

“The Legislature is going to need to address that,” he said, “and when they revisit that in January, they may just decide it’s time to legalize everything and make sure that there’s a regulated market, that kids can’t get their hands on it, and that we’re capturing some of the tax revenue.”

Out-of-state participants?

Another winner in the new Minnesota cannabis market are hemp farmers and edibles makers from out of state that are well-positioned to supply CBD stores and other retailers with the new types of hemp edibles, since all hemp is federally legal and can be shipped anywhere in the nation.

Both Brown and Tarasek said they’ve heard from out-of-state business interests offering to help restock shops that have sold out of hemp-based edibles.

“They sold out of inventory in a matter of hours,” Tarasek said of Twin Cities-area CBD stores that sold hemp gummies on July 1.

“It’s been a matter of connecting them with more inventory.”

Brown said he’s had conversations with out-of-state marijuana manufacturers that are exploring the possibility of entering the Minnesota market, in part because there aren’t many existing companies that can handle the new demand.

“What I’ve been hearing is there’s a lot of out-of-state marijuana companies that have an interest in coming into the state and working in the hemp-derived industry,” Brown said.

“There are just so many companies interested in selling these products.”

Source: https://mjbizdaily.com/minnesota-hemp-edibles-law-might-hurt-medical-marijuana-market/

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