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Rival cannabis trade associations NCIA, USCC underscore industry rift

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A rivalry has emerged between the two largest trade associations in the cannabis industry.

On one side, the legacy group, the National Cannabis Industry Association (NCIA), counts more than 1,000 members – this after losing roughly 200 since the COVID-19 pandemic began in early 2000 as well as dropping its annual trade show.

The NCIA, which was founded in 2010, calls itself the “oldest” and “most inclusive” cannabis trade association. Its members include small and medium-sized businesses.

“We’re able to tell Congress that we represent tens of thousands of employees from across the country, not just the top 50 businesses that make up groups like USCC, or these others that come and go and rebrand,” noted Aaron Smith, the NCIA’s executive director.

Smith was referring to the group on the other side, the U.S. Cannabis Council (USCC), which includes on its roster of around 50 members some of the biggest marijuana multistate operators in the country as well as large Canadian producers.

Launched last year, the USCC says it “combines the collective resources of many of the largest cannabis companies, prominent advocacy organizations and hundreds of thousands of individuals.”

The USCC’s board chair, Jessica Billingsley, was a founding member of the NCIA and served on the board for several years before joining the USCC.

“There’s just a difference in focus a little bit,” said Billingsley, the CEO of Denver-based cannabis technology company Akerna.

“They (the NCIA) have this three-legged stool focus on a few different areas, including events and education.

“But I think (the USCC is) far more focused on bringing together the businesses who are working in cannabis today as a trade association, to advocate for the best interests of the industry as a whole.”

Both groups are focused on federal cannabis reform, targeting the same familiar sticking points that have existed for years: access to banking for the marijuana sector as well as reforming Section 280E of the federal tax code, which prevents cannabis companies from getting the same tax breaks and exemptions as mainstream businesses.

But a comparison of their membership appears to reflect the growing stratification of the nationwide cannabis industry.

Small, independent businesses currently make up the bulk of the more than 100,00 ancillary and plant-touching companies that comprise the U.S. marijuana industry.

All the while, larger, publicly traded MSOs continue to consolidate and expand, snatching up licenses in emerging markets and buying out struggling businesses in states suffering from oversupply and saturation.

There’s a “massive galvanization” among those big companies because they share the same self interests in the event of federal legalization, said Nic Easley, the CEO of Colorado-based 3C Cannabis Consulting.

“USCC is catering a lot more to the MSOs that have that mentality of, once free trade opens up, where’s mass production going to be?” he added.

“NCIA has a lot of the same goals but not based on any larger interests.”

Trade groups feel same pressures

Founded more than a decade ago, the NCIA has been the biggest trade association in the industry for years.

At one point, it was the main trade group and included annual conferences and trade shows as well as roughly 1,200 members.

That membership is hovering around 1,000 now, according to Smith.

“We’re not back to where we were pre-pandemic,” he said. “But we’re slowly getting there.”

The organization is still hosting its annual Lobby Days this month, when NCIA members will trek to Washington DC and meet with members of Congress.

But Smith said in-person events have struggled to regain their momentum since COVID-19 hit.

“We’re rethinking our whole event strategy,” he said. “It’s going to be more of a local approach and doing smaller events in multiple cities versus the trade show.”

The organization’s focus is more on representing the independent, little guys in the industry, according to Smith.

“We’re proud to be representing the boutique businesses and the smaller, medium-sized businesses that make up Main Street cannabis business in this country,” he added.

However, as the industry struggles, so too does its trade associations.

Smith pointed out that the economic pressures from inflation, overregulation and taxation that are hurting businesses are also affecting his organization.

Despite that, he said, the NCIA still has a broad membership base with enough members to garner some sway in Washington DC.

It’s not the first time Smith and the NCIA have faced rough sledding.

Both have come under fire previously. In 2018, for example, the NCIA experienced board resignations and the group was called ineffective.

Difference in focus

The USCC formally launched in February 2021, after aligning the Cannabis Trade Federation and Marijuana Policy Project.

Board members from both organizations formed a committee to create the national trade association.

The USCC’s founding members include large marijuana operators such as Acreage Holdings, Canopy Growth Corp., Columbia Care, Cresco Labs, Curaleaf Holdings, iAnthus and PharmaCann.

Khadijah Tribble was recently appointed as interim CEO of the USCC after Steven Hawkins abruptly departed last month without explanation from Hawkins or the group.

Hawkins’ departure also shed light on complaints by some that the USCC is too focused on corporate interests, with the Association for Cannabis Health Equity and Medicine (ACHEM) announcing its resignation from the USCC’s board of directors.

The USCC said Hawkins’ departure and ACHEM’s exit were unrelated.

Tribble is a senior vice president of corporate social responsibility for Massachusetts-based MSO Curaleaf.

The USCC doesn’t hold conferences, instead focusing on lobbying and advocacy efforts.

On that point, Avis Bulbulyan, a Los Angeles-based marijuana consultant, said he believes the USCC is more focused on its purpose as an organization.

“I see in them a lot more of a hyper focus on federal reform,” he added. “More strategic and a lot more pinpointed in their approach. NCIA is more of a broader, umbrella association.”

Common ground

Billingsley said her organization tries its best to coordinate messages with NCIA.

“Where we overwhelmingly agree on different topics we try to present a unified voice,” she said.

Both groups are focused on the SAFE Banking Act and 280E reform.

“It’s the same two things that we’ve been talking about for over a decade,” Billingsley said.

For the NCIA, the immediate priority is the SAFE Banking Act.

“That’s the one policy change that we likely have the votes for in the Senate,” Smith said. “It affects the smaller businesses, the equity operators, those who don’t have access to private capital or deep pockets.”

Bigger picture, the NCIA is also advocating for Senate Majority Leader Chuck Schumer’s Cannabis Administration and Opportunity Act (CAOA), knowing that there’s zero chance it’s going to pass this year, he added.

“Just making sure that members of Congress hear from all of the issues that affect businesses in the industry,” Smith said.

He went on to add that 280E remains “very crippling” for the industry, noting how the NCIA is taking a different approach.

The group has worked unsuccessfully in the past to get 280E reform passed as a stand-alone piece of legislation.

“I really think that the key to getting 280E relief at this point is a broader bill like CAOA that deschedules (marijuana),” Smith said.

Unfortunately, he added, the industry doesn’t have the 60 votes in the Senate it needs for that right now.

Billingsley, for her part, said the USCC believes the expungement and equity provisions of legal and regulatory reform should go “hand-in-hand” with 280E and banking reform.

Source: https://mjbizdaily.com/rival-marijuana-trade-associations-ncia-uscc-underscore-industry-rift/

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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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