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Rhode Island set to launch adult-use cannabis market seen hitting $300M in sales

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Mother Earth Wellness in Pawtucket is one of five medical marijuana dispensaries in Rhode Island preparing to transition to adult-use sales on Thursday. (Photo courtesy of Joe Pakuris)

Rhode Island’s long-awaited shift to adult-use cannabis sales finally arrives Thursday in the nation’s tiniest state, a market that is expected to generate $300 million in sales within a few years.

Within New England, Rhode Island’s transition to adult-use retail follows Vermont’s recreational launch in October.

It also precedes neighboring Connecticut, which aimed to open its market by year’s end. That timeline, however, was likely kicked into 2023 because of regulatory-related delays and setbacks.

Rhode Island’s quick rollout – lawmakers approved recreational sales only six months ago – has presented some technical challenges but also some budding opportunities for dispensaries and suppliers to recapture business lost for years to neighboring Massachusetts.

In another deviation from the norm, the vast majority of Rhode Island’s municipalities authorized adult-use retail before the launch of sales.

Despite the opt-ins, the nation’s smallest state by landmass will roll out adult-use sales with only five licensed retailers.

They paid a premium to expand their customer base beyond medical marijuana patients.

The five recently approved businesses were:

  • Aura of Rhode Island in Central Falls.
  • Greenleaf Compassionate Care Center in Portsmouth.
  • Mother Earth Wellness in Pawtucket.
  • Thomas C. Slater Center in Providence.
  • Rise in Warwick.

“We’re very excited for recreational to open up. We think it’s going to be huge,” said Joe Pakuris, co-owner of Mother Earth Wellness, which opened its doors as a medical marijuana dispensary Nov. 18.

Rhode Island’s adult-use sales are expected to total $80 million within the first year and $300 million by the fourth year, according to MJBizDaily projections.

The market will open with 33 of the state’s 39 municipalities opting in, or nearly 85%.

It represents one of the highest, if not the highest, percentage of opt-ins by municipalities among any recreational market, according to MJBizDaily research.

By contrast, in California, the nation’s largest market, only about 40% of cities and counties are opting in for adult-use sales – and that’s one of the reasons the state’s underground market has thrived after legalization.

Voters in 31 Rhode Island municipalities earlier this month weighed in on legalization through ballot measures.

Recreational marijuana sales were rejected in Barrington, East Greenwich, Jamestown, Little Compton, Scituate and Smithfield, according to Providence TV station WPRI.

Cities that had already approved medical cannabis – including some of the state’s most populated, Cranston, Pawtucket, Providence and Warwick – were barred from opting out, a distinction a distinction that’s quite different than other marijuana markets.

The state will allow up to 33 adult-use stores, which must pay a 3% local tax on recreational cannabis sales and a 10% retail excise tax.

Cities that ban sales are not eligible for cannabis-generating tax funds.

Transitioning to adult-use sales

Rhode Island’s evolution into recreational sales is somewhat contradictory.

On one hand, the state was among the first to establish a medical market with the introduction of so-called compassion centers in 2009, a system largely unchanged until recently.

The Legislature first approved the use of medical marijuana in 2006 but didn’t vote on adult-use sales until 16 years later, when the House and Senate overwhelmingly approved a law change in May.

That solidified Rhode Island as the 19th state to legalize recreational marijuana, ending one of the last holdouts in New England.

New Hampshire is now the last outlier in the region.

The transition from outright legalization to establishing a regulated market took only six months, “marking the Northeast’s fastest implementation period,” Matt Santacroce, interim deputy director of the Rhode Island Department of Business Regulation, said last week in a news release announcing the licensed dispensaries.

That greenlight gave regulators and operators a relatively short window to implement Metrc, a seed-to-sale tracking software utilized in dozens of cannabis markets across the country.

Aura had only six to weeks to integrate the software and update its inventory as regulators worked out technical glitches and bugs.

“It is one of our concerns being that it’s such a complex integration systematically,” Aura operations manager Andrew Croan said.

The Rhode Island market will launch with a supply chain of nearly 70 licensed cultivators, processors and manufacturers, Democratic Gov. Dan McKee said last week.

Approved dispensaries contacted by MJBizDaily don’t expect inventory shortfalls at the initial rollout.

“Between them all, we should have enough product,” Croan said.

“It might get a little bony after the first three months here with the cycle of the plant, but I don’t think our shelves will be dry.”

Mother Earth features flower strains from more than 30 cultivators and operates a 10,000-square-foot cultivation center at its vertically integrated headquarters minutes from the Massachusetts state line.

“Cultivators have all been waiting for recreational to come on board,” Pakuris said. “This has just given time for everybody to refine what they do and get better.”

Mass opportunities

Rhode Island residents and visitors have been purchasing adult-use cannabis products at nearby MJ retailers in Massachusetts for four years.

Pakuris expects that to change in the coming weeks and months as local support increases, helping state operators recapture lost business, build new revenue streams and improve margins.

“We’re anticipating to actually get back 50% of the people that are going to Massachusetts once they see the great product offering here in Rhode Island,” he said.

Aura – located in Central Falls, the state’s smallest city at just over 1 square mile – sees only about 25 transactions per day. Two other marijuana retailers are within four miles, one in Rhode Island and one in Massachusetts.

“That is way lower than we anticipated,” Croan said. “The increased foot traffic is what we’re excited for most.”

Rhode Island had 16,552 active medical patient registrations through June 30 – the end of its fiscal year – although that number could be misleading.

Under its medical program, out-of-state patients could purchase marijuana with another state identification card or license.

That allowance, now prohibited under the adult-use program, likely inflated the number of actual patients who purchased cannabis regularly through compassion centers.

Meanwhile, nearby retailers in Massachusetts routinely log a few hundred daily transactions, according to Eric Robichaud, who runs an accessories business that sells smoking devices, grinders, rolling papers and other products to hundreds of stores nationwide, with a concentration in the Bay State.

He welcomes the added exposure accompanying Rhode Island’s recreational sales launch Thursday.

“We can be in all these smoke shops and do a certain level of business, but the foot traffic in dispensaries is just a whole other level,” he said.

“Going full rec is going to drive the traffic. Like an entire order of magnitude.”

Croan expects a festive atmosphere and celebrations throughout the state Thursday.

Aura is bringing in food trucks and live music to help entertain visitors on an expected busy day at the counter.

Weather should accommodate as well with temperatures expected in the low 40s.

“This has been a long time coming for Rhode Island,” Croan said.

“I hope everyone’s just as super stoked as we are.”

Source: https://mjbizdaily.com/rhode-island-set-to-launch-recreational-cannabis-market-thursday-dec-1/

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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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