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Missouri launch of recreational cannabis sales could be turning point for other red states

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Missouri is set to become the latest red state to launch recreational cannabis sales, with developments no doubt drawing the attention of marijuana operators and voters in neighboring Oklahoma, which will hold a special election next month on whether to legalize adult use.

Recreational marijuana sales could start as early as Friday in Missouri, with medical dispensaries awaiting the green light from state regulators to expand into adult-use retail.

The newly minted Midwestern market is expected to generate more than half-a-billion dollars in sales in its first year.

Its rollout comes a year after Montana began adult-use marijuana sales.

Missouri, like Montana and Oklahoma, has a Republican trifecta where the GOP controls the governorship and both chambers of the legislature.

Missouri adult-use operators expect to draw customers from across the heartland and into the South.

That’s because Missouri holds the rare distinction of bordering eight states, some with only medical marijuana markets and others where possession remains illegal.

Missouri’s Department of Health and Senior Services (DHSS) must approve or deny all retail applications for a “comprehensive license” no later than Monday, Feb. 6.

That deadline was imposed through an industry-led, voter-approved November ballot measure that legalized possession and a regulatory framework for recreational sales.

Nearly all of Missouri’s medical cannabis dispensaries – 212 are licensed, with 195 operational – applied for the expanded license, which requires a nominal $2,000 fee.

The widespread participation is one of several notable differences in this rollout compared to recently launched adult-use markets in ConnecticutNew York and Rhode Island.

“Ninety-seven percent of the state’s medical marijuana dispensaries have requested to convert their medical license to a comprehensive license,” DHSS spokesperson Lisa Cox said.

“Once a facility is approved, they can begin sales for those 21 and up.”

Recreational marijuana sales in Missouri could reach $550 million in the first year, according to MJBizDaily estimates, and potentially increase to $800 million-$900 million in four years.

Some unique characteristics

Amendment 3, approved by 53% of voters in November, altered the Missouri Constitution, locking in several rules regulating the legal industry.

Among the notable takeaways for state operators and consumers:

  • A 6% retail tax on recreational marijuana purchases, among the lowest in the nation. A maximum 3% tax could be added by jurisdictions, but only through local ballot initiatives.
  • Recreational marijuana advertisements are treated the same as alcohol advertisements.
  • Local municipalities can ban retail operations only through a ballot measure, which must gain 60% approval.
  • DHSS had to process, approve or deny comprehensive retail license applications by Feb. 6, effectively creating an adult-use program in less than three months. It’s among the shortest transitions of any recreational market launch. (Arizona’s adult-use launch, in January 2021, occurred on an even quicker timetable.)

Missouri’s short window required regulators to start approving licenses by Friday.

While the adult-use program could open with nearly 200 retailers, Missouri’s limited-license, vertically integrated market is practically set for the time being.

Amendment 3 didn’t significantly expand the total number of licenses, conditions that drew vocal opposition to the ballot measure from the likes of St. Louis Mayor Tishaura Jones and the Missouri NAACP.

The Missouri Democratic Party also refused to endorse Amendment 3 over concerns it “may negatively impact minorities, people of color, and low-income earning Missourians.”

The amendment does create a system to ultimately approve an additional 144 licenses for “microbusinesses.”

A third of these licenses must be issued via lottery by Oct. 3, 2024, but the final third can’t be issued until 548 days after regulators begin issuing the first ones.

That timetable would kick the completion of microbusiness licensure well into 2026.

Though Missouri doesn’t have license caps, regulators have chosen to keep the number of licensed stores (195), cultivators (50) and manufacturers (78) near the minimal allowance under its state constitution, Cox said.

That system, along with Amendment 3, has presented few opportunities for new entrants and less competition for existing operators.

Ramping up

Given the uncertain timing of license approvals, Day One sales in Missouri might end up being more of a soft opening – versus the daylong celebrations, ribbon-cutting ceremonies and political grandstanding that typically accompany a new era of marijuana policy and industry legitimacy.

Nevertheless, operators expect strong demand. Several dispensary operators told MJBizDaily they expect to double their revenue with the expansion into recreational sales.

BeLeaf Medical serves about 310 medical marijuana patients per day across its five-store network, which can handle two to three times that traffic, according to CEO Jason Nelson.

The retailer is encouraging MMJ patients to place online orders for seamless pickups so their shopping experience doesn’t change.

For consumers waiting in line, particularly outside, BeLeaf staffers will be introducing products and taking orders via laptops and iPads to expedite transactions.

Infusing some local flavor, the company’s Sinse Cannabis brand partnered with accomplished St. Louis chef Bob Brazell to introduce a new line of gummies with THC distillate, full-extract cannabis oil and CBD.

“It was a chance for us to do what we know sells well and what we do well without trying to go in and move heaven and earth to try to take over a big chunk of the market,” Nelson said.

Good Day Farms, which operates 19 dispensaries in the state, plans to introduce King Cake gummies this month for Mardi Gras, a celebratory event held annually in New Orleans that’s been welcomed in St. Louis.

“St. Louis is very big on Mardi Gras, and with our Southern states, we love to really dive into the local flavor,” Chief Marketing Officer Laurie Gregory said.

In preparation for adult-use sales, Good Day Farms hired 200 employees, extended operating hours and increased inventory, particularly flower, vapes and gummies.

Eighths cost about $25 on the low end and $50 on the high end.

“In key markets, we potentially might have four times the patient count,” Gregory said. “We just want to make sure that we have accessible products in our stores at all levels of price points.”

Multistate operator C3 Industries, which planned to convert two of its five High Profile medical dispensaries into adult-use retail on Feb. 6, added 75 workers, stress-tested technology and display upgrades and bulked up inventory across brands and categories in the lead up to the launch.

“We anticipate approximately a 2X lift in sales velocity with the flip to adult use,” said Jason Berkenstock, vice president of retail for the Michigan-based company.

“We’ve been strategic in adding the appropriate technology, line queueing and other in-store marketing elements to support the increase in customer traffic.”

Colorado-based Wana Brands, which sells edibles to nearly every dispensary in the state, is doubling production capacity through its local partnership with Clovr, a Kansas City, Missouri-based cannabis-infused product manufacturer that operates a single dispensary in nearby Benton.

“Attracting consumers, when you launch into rec for a new market, isn’t the issue,” Wana Chief Marketing Officer Joe Hodas said.

“The issue is ensuring that you have the appropriate inventory to support a varying level of consumers coming in.”

Regulatory concerns for brands

With product categories the same in the medical and adult-use program, brands expect a smooth ramp up in production.

But many companies have been operating in a legal gray area for weeks since regulators issued the last batch of proposed rules Jan. 20.

Stipulations in the 111-page document, which outlines a litany of requirements regarding manufacturing, packaging and labeling products, is set to go into effect Feb. 3, though brands expect some grace period to fully comply.

Some notable product and packaging rules include:

  • No designs or shapes of humans, animals or fruit.
  • The use of more than one color is prohibited, except for logos (two maximum).
  • The exact level of THC 9, CBD and delta-8 per serving/dose must be disclosed.

Additionally, all marijuana product and packaging designs must be submitted to the DHSS, which will then provide an approval number that must be displayed on all packaging, likely slowing a product’s time to market.

That last stipulation is a particular concern for Wana, according to Hodas.

“That’s a heavy lift, and my experience in other markets is that they won’t staff it properly and thus there will be a bottleneck for quite some time,” he said.

Edibles maker Grön has been ramping up production over the last two months, expecting consumer demand to peak in the first six to eight weeks of recreational sales.

“We closely monitored how the regulations would affect our current production as we ramped up,” said Christine Smith, CEO of the Portland, Oregon-based company.

“Our brand and design team were able to quickly pivot and put together several iterations as the proposed regulations were coming out so we would be able to successfully bring products to market.”

Border business

Since Missouri borders eight other states, including some with no licensed marijuana retailers, store such as Greenlight Dispensary expect a rush of out-of-staters.

The company operates 15 dispensaries across Missouri, including four in St. Louis near the Illinois state line and four in Kansas City, which borders Kansas, where marijuana possession is illegal.

Greenlight CEO John Mueller expects to compete on price and less taxation.

“For people coming across the border, I think we’re going to have less expensive products,” he said.

Farther south, he expects to pick up business from Tennessee, where possession is also illegal, and Arkansas, which has an established medical market.

In November, Arkansas voters rejected a ballot measure to legalize possession and recreational sales.

Greenlight also operates dispensaries in Arkansas.

“With them not going to adult use, there’s a lot of chatter in Arkansas about coming up to Missouri to try the Missouri products,” Mueller added.

Source: https://mjbizdaily.com/missouri-recreational-cannabis-sales-launch-impact-on-other-red-states/

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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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