Business
New York City nonprofit preps for Day 1 of adult-use marijuana sales as state’s only operating retailer
Housing Works Cannabis Co. is located in a Manhattan building that once was home to a Gap store.
Housing Works’ nonprofit status, decades of legacy service in the community and retail experience uniquely positioned the organization to become New York’s first licensed adult-use marijuana store to open for business.
And likely the only one to launch sales before the calendar flips, falling short of market projections from the state’s top politico only a few months ago.
Its newly established brand, Housing Works Cannabis Co., will have a soft opening Thursday – aptly at 4:20 p.m. ET – at its 4,000-square-foot location in Manhattan’s NoHo neighborhood, ushering in a new era for New Yorkers and the millions of tourists who visit annually.
“We are excited, we’re nervous. But most of all, we’re really proud to be a part of this historic moment,” store manager Sasha Nutgent told MJBizDaily.
“And to be the first.”
Housing Works’ unlikely route to the inside lane of the cannabis industry’s most closely watched market launch in years began only a few months ago.
That truncated timeline is as remarkable as the nonprofit’s evolution from providing services for the homeless and those with HIV/AIDS to selling recreational marijuana in a potentially billion-dollar market.
New York adult-use retailers are projected to generate $1 billion-$1.2 billion in sales in 2023 and $2.2 billion-$2.7 billion by 2026, according to the 2022 MJBiz Factbook.
Preparing for launch
Construction crews and Housing Works staffers have been working round the clock to convert a long-vacated Gap location into a completely different type of retail space.
The nonprofit’s legacy of operating 10 thrift stores and two bookstores in Brooklyn and Manhattan helped the cause.
As did Nutgent’s experience running several of Housing Works’ retail stores over the years.
Operators received the keys only last week for the storefront, located within 1 Astor Place, a terra cotta building completed in 1883 that features mixed-use retail and more than 170 residential units.
Consultants and architects were instrumental in designing the space under tight deadlines.
Other short-order work included:
- Finalizing point-of-sales systems.
- Meeting with growers, brands and manufacturers.
- Selecting products.
- Hiring and training 14 staffers – a mix of former medical marijuana dispensary workers, industry newbies, retailers and some with tech backgrounds.
One staffer is a client of Housing Works, which also provides job training and custom services for New Yorkers recently released from incarceration.
The story will offer consumers an array of cannabis products as New York isn’t expected to see inventory shortfalls other emerging adult-use markets have experienced.
Housing Works plans to offer 700-1,200 SKUs (stock-keeping units), including a variety of edibles, tinctures, pet treats, vapes, flower, pre-rolls and accessories, for Day 1 sales, according to Nutgent.
On the fast track
It appears Housing Works and the state’s other seven nonprofits with conditional adult-use retail dispensary (CAURD) licenses might have a faster track to open brick-and-mortar stores than the other 28 CAURD awardees who plan to establish for-profit enterprises.
That’s largely because nonprofits under New York’s developing cannabis program can’t access state-vetted properties and funds earmarked to help social equity retailers.
These restrictions might increase capital concerns for operators, but they also lessen compliance requirements, minimizing processing approvals and delays that typically come with cannabis regulation and government support.
Above all else though, Housing Works had a retail-ready property and experience entering and serving diverse retail markets throughout the city.
“They already have infrastructure, a very apparent location and ability to come into the market,” said Trivette Knowles, spokesperson for New York’s Office of Cannabis Management (OCM).
“Once we gave the provisional licenses to these licensees, we gave them the autonomy and the freedom to conduct their business in an entrepreneurial manner and how they saw fit.”
The goal of New York’s equity-driven approach was not only to help those wronged by the government’s war on drugs to secure marijuana business licenses but also to develop a system to boost their chance for prolonged success.
Housing Works filed its application in late September, and two months later, it was among the state’s first 36 retail license winners approved to sell recreational cannabis in one of the nation’s most regulated states.
It’s not uncommon for that approval process to drag on for well over a year in other adult-use markets.
“The turnaround was insane,” Nutgent said.
A different approach
New York regulators plan to issue as many as 175 retail licenses, including 25 earmarked for nonprofits, which have to meet the following criteria:
- A history of serving current or formerly incarcerated individuals, including creating vocational opportunities.
- Have at least one social justice-involved board member.
- Employ at least five full-time workers.
- Operate a social enterprise with net assets or a profit for at least two years.
In guidance issued in late November, regulators allowed qualifying businesses to launch delivery services before opening their retail stores, another significant change from other recreational markets.
“OCM is doing something different,” Knowles said. “OCM is trying something different.”
In yet another departure from the norm, all Housing Works Cannabis Co. proceeds will be redirected to fund community services provided by its parent company, Housing Works.
The organization was established in 1990 to address the HIV/AIDS pandemic as well as the homeless crises, which has exacerbated since the COVID-19 outbreak.
In October, more than 65,000 people, including nearly 21,000 children, were sleeping in New York City’s primary shelter system alone.
Such rates have not seen since the Great Depression, according to statistics compiled by the Coalition for the Homeless.
The parent Housing Works also offers other community services such as COVID-19 testing, addiction counseling, health care, housing, legal help and other assistance programs.
“All the proceeds go toward those programs within Housing Works that help us get our mission done,” Nutgent said.
New year, new resolutions
Housing Works Cannabis Co.’s mad dash to the finish line isn’t what many envisioned for the initial rollout of adult-use sales in the influential New York market, which is expected to rival some of the nation’s largest when fully operational.
Though the store opening gives regulators and Gov. Kathy Hochul a victory after insisting for months recreational sales would start by year’s end, Housing Works is expected to be the lone operator up and running this year, falling well short of market expectations.
Hochul said in October that the state was “on track” to open 20 adult-use stores in 2022, with another 20 retail outlets per month coming online.
January now promises to be a ramp-up month, though several concerns regarding social equity funding, securing property on favorable lease terms, state-supported retail locations and other operational requirements persist, prompting some license holders and applicants to adjust business plans on the fly in the run-up to adult-use sales.
“Within the next couple of weeks, specifically following the New Year, we’re going to see a lot of developments,” the OCM’s Knowles said.
An ongoing lawsuit challenging residency requirements has also stymied progress, halting the issuance of dozens of licenses in Brooklyn, Central New York, the Finger Lakes, the mid-Hudson area and Western New York.
Through it all, Housing Works overcame some rather overwhelming odds to be the first adult-use store in the state to open its doors this year – and in Manhattan, no less.
“We really fought hard to build a team and find architects and designers to get the store open in time, because we wanted to commit to the city’s promise to open before 2023,” said Nutgent, who’s prepped her staff for an expected busy day on the sales floor and checkout counters.
“We are expecting hundreds of people.”
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/
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