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Severe weather disrupts US cannabis operations from coast to coast

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Cannabis companies from Northern California to South Florida will continue confronting operational challenges this week, as severe weather taxes power grids while parts of the Northeast struggle to recover from historic flooding.

Millions across the country face excessive heat warnings, while Canadian wildfire smoke is once again descending on the Midwest, the Great Lakes region and the Northeast.

The convergence of severe, weather-related events across the country underscores how climate change is causing upheaval for individuals and businesses alike – cannabis operators included.

For example, blistering temperatures in the southern U.S. and California’s famed Emerald Triangle have prompted cultivators to enact emergency measures including shading plants, easing energy consumption during peak hours and asking staff to work night shifts.

In Massachusetts, Mayflower Medicinals, a vertically integrated cannabis company, shuttered its Boston retail outlet for two days earlier this month after the air-conditioning system broke under the strain of excessive heat.

Cannabis operators in the Midwest and Northeast, meanwhile, have had to deal with other weather-related issues.

In Illinois, the National Weather Service confirmed 11 tornadoes touched down on July 12 in the Chicago area alone, including a twister near Chicago O’Hare International Airport.

In Vermont, floods engulfed small towns last week, decimating thousands of homes and businesses while threatening to contaminate the water supply.

The National Weather Service issued a flood watch for Tuesday in parts of northwestern Connecticut, western Massachusetts, east-central New York and southern Vermont.

Similar weather events and ongoing electricity concerns likely will persist through the summer, officials warned.

In its latest report, the North American Electric Reliability Corp. – an international regulatory authority – said two-thirds of North America was at risk of energy shortages this summer during periods of extremely high electricity demand.

Several parts of the U.S. are at elevated risk, including California, the Midwest, New England and Texas.

Many indoor marijuana growers are voracious consumers of electricity, as they rely on lighting, HVAC and humidity-control systems.

Outdoor growers, for their part, are at the mercy of excessive temperatures, rain, hail, fire and smoke.

“We are in the age of climate risk and adaptation,” said Derek Smith, executive director of the Resource Innovation Institute, a Portland, Oregon-based nonprofit advocating climate resilience.

“Cannabis operators need to invest in climate-smart practices just like the rest of agriculture. This ranges from site feasibility to placing some stages of cultivation under protection,” he told MJBizDaily.

California

This past weekend, large parts of Northern California, including the Emerald Triangle, were under excessive heat warnings.

In Mendocino County, temperatures at Shepherds Meadow Farms eclipsed 100 degrees.

The cannabis cultivator covered three of its flowering greenhouses on the 10,000-square-foot grow with shade cloth, which diffuses some sunlight and attracts and retains water. All of the farm’s nine greenhouses utilize a drip water system.

Owner Brandon Waluk, who has grown indoor and outdoor cannabis in Northern California for more than a decade, said he has encountered nearly every cultivation problem related to drought, heat and infestation.

“I’ve run into so many issues that I feel like I can mitigate them as best you can,” Waluk told MJBizDaily.

“I’ve gone through much more extreme heat events,” he said, adding that temperatures sizzled to 115 degrees on the property in 2022.

Other farmers in the Emerald Triangle, which includes Humboldt and Trinity Counties in addition to Mendocino, are taking their own precautions, such as avoiding over-watering as well as harvesting late at night or before the sun rises, according to Michael Katz, executive director of the Mendocino Cannabis Alliance.

“Farmers in Mendocino are used to dramatic weather shifts, but we’re seeing more and more extreme temperatures, which also create significant wildfire concerns,” he said.

“All of these factors, when added to the underlying regulatory challenges, make for a very precarious existence.”

Arizona

Wide swaths of Arizona hovered near 120 degrees over the weekend.

Arizona Public Service (APS), the state’s largest energy provider, said peak electricity demand hit an all-time high on Saturday.

Demetri Downing, founder of the Arizona chapter of the Marijuana Industry Trade Association, estimates that more than  90% of grow operations in the state are indoors.

He would like to see cultivators use outdoor space in more accommodating climates such as Prescott Valley or Campe Verde in central Arizona – or the wine region located in the southern part of the state.

Downing is concerned that an over-reliance on indoor cultivation in Arizona could be economically unsustainable.

“It begs the question long term: How realistic is it to grow cannabis indoors in 115-degree weather?” he said.

In an effort to ease pressure on the power grid, APS is offering tens of thousands of dollars in tax rebates and various incentives to agriculture companies, including cannabis cultivators, and other businesses that install energy-efficient equipment and systems.

Florida

Temperatures eclipsed triple-digits this past weekend across South Florida, which will likely be under a heat advisory the entire week.

The National Oceanic and Atmospheric Administration last week said that ocean temperatures off the Florida coast neared 100 degrees.

During peak energy pulls on the power grid, New York-based marijuana multistate operator Curaleaf Holdings works with third-party “demand-response teams” to lessen power consumption.

The company has cultivation operations and dozens of retail stores in Florida.

“If the draw on the grid starts to reach a critical point, they’ll reach out and we will strategically turn down some lights, shut off some lights in order to reduce our energy draw enough to relieve the grid,” Dan Palmer, vice president of technical cultivation, told MJBizDaily.

The company also is dimming lights and shifting electricity needs within its indoor cultivation operations while implementing cloth shading to mitigate external heat, Palmer said.

Extreme weather is a perennial challenge for cannabis companies in Florida.

Last year, Hurricane Ian ripped through the state, causing more than 100 marijuana businesses to shutter as operators assessed employee safety, flooding, structural damages and mass power outages in the hurricane’s wake.

Environmental factors

Industry consultant Ben Gelt said cannabis companies, like other industries, will need to consider environmental factors more when making business decisions, including:

  • Facility location.
  • Proximity to rivers that flood.
  • Proximity to water sources that may dry up or disappear.

“Any rational businessperson or leader is going to have to take that into account – whether you’re growing a cannabis plant, a tomato or manufacturing a widget. It just doesn’t matter,” Gelt said.

“These are blanket concerns for any industry.”

Source: https://mjbizdaily.com/severe-weather-disrupts-us-cannabis-operations/

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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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