Business
New Mexico recreational cannabis supply challenges ease as production ramps up
More recreational cannabis cultivation production is coming online in New Mexico, and new retailers are establishing the connections they need to secure supply.
At the same time, some warn that production could soon outpace demand and the coming fall “Croptober” outdoor harvest could flood the market and depress prices.
Ben Lewinger, executive director of the New Mexico Cannabis Chamber of Commerce, a 140-member, statewide organization based in Albuquerque, said the market has shifted dramatically in the past four to six weeks.
The wholesale price per pound is evidence of that, Lewinger said, where six to eight weeks ago a wholesale pound of flower was in the $4,000 range.
“Now it’s in the $2,200-$2,500 range, because there’s more availability and people have connections to support a vibrant wholesale market,” he said. “I think that’s only going to get better.”
Most recent state sales data shows that the market is gaining momentum, with sales for July at $40.3 million, the strongest since the adult-use program launched in April.
Despite a relatively small population of 2.1 million, New Mexico’s recreational marijuana market is expected to achieve annual sales of up to $125 million in 2022, growing to as much as $400 million by 2025, according to projections from the 2022 MJBiz Factbook.
The state calls the cannabis companies that carried over from the medical market “legacy producers.”
Those legacy producers helped to ease the transition from medical to recreational and keep the supply relatively steady, Lewinger said.
Another factor is the state increasing the allowed plant count from 1,750 marijuana plants per grow license to 20,000 mature plants per permit as of January.
A key dynamic is at play in the border areas – in particular, the south and east – where New Mexico borders Texas, which has only a very limited medical marijuana market.
“In the southern part of the state, places like Sunland Park and Las Cruces, I definitely see lots of Texas licenses plates at those dispensaries,” Lewinger said.
“Those communities near the border are working hard to leverage that.”
Ample supply
When New Mexico’s adult-use market started in April, some cannabis retailers opened up shop with little to no products to sell.
But supply is starting to catch up to demand and retailers are asking for better deals on wholesale cannabis, said Tony Martinez, co-owner of Lava Leaf, a marijuana cultivation operation in Aztec, New Mexico.
Wholesale pounds of flower are selling for about $2,750, down from about $3,500 in April, according to Martinez.
“There is definitely ample supply of flower,” Martinez said, adding that he went on a wholesale run last week and saw full shelves everywhere.
“The minimum variety I saw was probably 15 strains,” he said.
That’s without the fall harvest that’s on its way in October.
Martinez has been growing licensed cannabis in the state for seven years. Lava Leaf is growing about 2,500 plants, both outdoor and in a climate-controlled greenhouse.
As far as access, Martinez said that “the market doesn’t need more stores. It’s like you can’t throw a rock without hitting a dispensary.”
Retailers are making more connections with flower producers and diversifying their supply chain.
In the Farmington area, in the northwest part of New Mexico, a gram of marijuana is selling for about $13-$15 at a retail store, according to Martinez.
That relatively high price means some people are still driving across the border up to Durango, Colorado, for cheaper cannabis.
Ultimately, the legacy producers have a leg up on the marijuana companies that are trying to enter the market, according to Martinez.
The new companies are building out facilities, establishing connections, “everything from scratch, whereas the legacies just kind of got to roll into this program with a massive head start,” he added.
But that’s not a reason to get overconfident, according to Martinez.
“A lot of the legacies are going to burn themselves out,” he said. “Because they severely underestimated the competition.
“They thought, ‘We’re so far ahead, we can’t lose.’”
Demand met
Despite the initial concerns about long lines at retail stores and not enough supply when adult-use sales began, that wasn’t true for everyone.
So says Robert Jackson, executive director of Seven Point Farms, a legacy operator with a cultivation facility in Socorro and retail locations in Albuquerque, Cedar Crest and Socorro.
“The existing licenses were able to scale enough to meet demand,” he said. “But I would say just barely.”
Product variety and the availability of different strains did suffer some because of lack of supply, Jackson said, but that’s gotten better.
As for the wholesale market, Jackson said he’s seeing pounds of flower selling in the $2,500-$3,400 range, depending on quality. Flower is selling for $7-$20 a gram at retail stores in his area.
The average customer spends about $60 per transaction in his store, which is up about $12 per transaction since April.
Croptober looms
According to one of the major players in the New Mexico market, Duke Rodriquez, CEO and president of Ultra Health, based in Bernalillo, marijuana consumers are feeling the pinch of macro-level economic factors such as rising inflation.
That’s leading to a “deterioration” of the market, as customers are not as willing to spend as much at the retail level, he said.
“We’re seeing that deterioration actually accelerate,” Rodriquez said. “That should scare people.”
Even with the increased plant count, New Mexico’s cannabis growers are still not fully ramped up, according to Rodriquez.
“The reality is it takes time and money and effort to deploy those plants,” he said. “This plant cap was ridiculous, and it got us into a deep hole.”
Although there’s no question of access for customers in the state – as there are plenty of retailers, according to Rodriquez – that relatively high price per gram, at least $10, usually more, for flower, is preventing the market from really taking off.
That steep retail price is also helping to fuel a robust illegal market that can offer flower at much lower prices, Rodriquez said.
“We’ve seen a real enhancement of the illicit market,” he added. “They’re bringing in quality products.”
The legal market will be tested again this October, according to Rodriquez, when the fall outdoor harvest hits and prices drop. He anticipates he’ll be able to buy outdoor-grown flower for as low as $80 a pound.
“That reality hasn’t set in,” he said. “Cannabis is not a very kind lover.
“We’re going to break a lot of hearts in the fall.”
Business
New Mexico cannabis operator fined, loses license for alleged BioTrack fraud
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:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
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/
Business
Marijuana companies suing US attorney general in federal prohibition challenge
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.”
Business
Alabama to make another attempt Dec. 1 to award medical cannabis licenses
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/
-
Business1 year ago
Pot Odor Does Not Justify Probable Cause for Vehicle Searches, Minnesota Court Affirms
-
Business1 year ago
New Mexico cannabis operator fined, loses license for alleged BioTrack fraud
-
Business1 year ago
Alabama to make another attempt Dec. 1 to award medical cannabis licenses
-
Business1 year ago
Washington State Pays Out $9.4 Million in Refunds Relating to Drug Convictions
-
Business1 year ago
Marijuana companies suing US attorney general in federal prohibition challenge
-
Business1 year ago
Legal Marijuana Handed A Nothing Burger From NY State
-
Business1 year ago
Can Cannabis Help Seasonal Depression
-
Blogs1 year ago
Cannabis Art Is Flourishing On Etsy