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US cannabis companies tread cautiously into turbulent Canadian market

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A growing number of American companies are wading cautiously into Canada’s competitive cannabis industry in search of new revenue streams and, in some cases, relatively cheap assets. 

Executives at a variety of U.S. cannabis companies – from technology and events firms to beverage and edibles businesses – told MJBizDaily that they find Canada’s centrally regulated market appealing. 

And despite Canada’s overproduction of cannabis and falling prices, some U.S. executives see more opportunities north of the border versus core U.S. markets where sales are declining on a year-over-year basis.

That’s especially true in more mature state markets such as Colorado, Nevada and Oregon.

“The U.S. is a high-growth market in (the) aggregate. But if you look at it on a state level – excluding recently legalized states, plus California – market growth is beginning to flatline if not slow significantly,” said Mitchell Osak, president of Toronto-based Quanta Consulting.

“For growth-focused, publicly listed U.S. companies, at a 10,000-foot level, Canada could represent an appealing market based on market size and regulatory clarity.” 

According to New York-based Cantor Fitzgerald, Canada’s recreational cannabis market grew 21% in the second quarter on a year-over-year basis, while the financial services firm estimates U.S. growth will be just 1%.

New growth 

In addition to sales trends, Osak noted that Canadian assets are relatively cheap at the moment, and the lower Canadian dollar makes M&A in Canada more appealing in some cases.

“For U.S. bargain hunters with cash, you could pick up a lot of quality assets from hungry sellers on the cheap,” he said.

That was the route taken by California-based cannabis technology company Blaze Solutions.

In May, Blaze acquired Vancouver-based dispensary point-of-sale software company Greenline for an undisclosed sum.

Chris Violas, CEO of Blaze, said the company was looking for new growth outside of its core markets. 

“There’s growth in the U.S., no doubt, and we’re excited about that. But, at the end of the day, there is a limited (total addressable market). So we asked, ‘Where could we go and be smart and win some market share?’” he told MJBizDaily

“From our point of view, it’s strategically looking at getting more market share without cannibalizing our own technology – and finding a partner who can open up that new market.” 

In a news release announcing the acquisition, Violas said the purchase gives customers the “ability to expand their footprint into the U.S. or Canada using the same software provider.”

“This is essential for increasingly sophisticated cannabis retailers in states near the border,” he added, citing Michigan, New York and Washington state as examples.

Edibles companies eye Canada

So far, most U.S. cannabis businesses expanding into Canada have been ancillary companies that don’t touch the plant – as opposed to cultivators and retailers.

But some U.S. infused product manufacturers are heading north of the border to sign deals with Canadian companies, including licensed producers.

The licensing and partnership deals allow the Canadian companies to produce edibles and other infused products according to manufacturing specifications of the U.S.-based company. 

“Some of the U.S. companies that would want to enter Canada are edibles brands looking for new revenue opportunities and ways to extend their brands,” business advisor Osak said.  

“Edibles are growing a lot in the United States, albeit from a small base. U.S. edibles companies would look to license their formulations and brands to Canadian LPs,” he said, adding that some have already done this successfully. 

One U.S. edibles company eager to expand into Canada is California-based Kiva Confections, which announced a deal in May with Montreal-based license holder Greentone. 

The arrangement will allow Kiva to offer its edibles at retail outlets across Canada.

Ben Schultz, who heads up new market expansion for Kiva, said the company has traditionally expanded into new markets through licensing and partnership deals. 

Schultz said such arrangements are one way of mitigating risk: The company doesn’t have to to shell out big bucks to build its own manufacturing facilities. 

“That’s the expansion look for us. From a cash-flow standpoint, we haven’t had to spend $10 million to set up in Canada, which plenty of people have done, for better or for worse,” he said. 

“We found a great partner who has the facility, licenses and team in place to help us manage and navigate. I wasn’t an expert coming in on the Canadian rules and regulations, so we’ve had to rely heavily (on our Canadian partners) to help us navigate the various nuances of the Canadian market.” 

Kiva wasn’t dissuaded by Canada’s hyper-competitive edibles market or the country’s patchwork of provincial regulations. 

“We have a lot of experience in the U.S. rolling out our product to different states and territories that have totally different rules – way more different market-to-market than Canada,” Schultz said. 

“We’ve got a lot of experience adapting our brands and products to the regulations of each location.” 

Hall of Flowers goes north

Another U.S. company seeking to make inroads in Canada through a partnership is the business-to-business cannabis trade show operator Hall of Flowers. 

Hall of Flowers Canada – set to take place in Toronto in mid-September – offers a retail environment that helps brands and retail buyers do business.

According to a news release, Hall of Flowers Canada intends to bring together at least 200 brands and 1,000 retail leaders.

Dani Diamond, Hall of Flowers founder and CEO, called his company’s expansion into Canada a “calculated risk.”

But it’s not without risk. Lift & Co., the largest cannabis trade show in Canada, went bankrupt last year before some of its assets were scooped up by Virginia-based events company MCI USA

Diamond said the opportunity to bring the Hall of Flowers model to Canada presented itself when Krista Raymer, co-founder of the Vetrina Group, a retail cannabis consulting firm based in Toronto, reached out with the idea of bringing the event up north. 

“Working with us was a way that the Hall of Flowers team was able to mitigate risk with our knowledge and relationships within the Canadian market,” Raymer said. 

“We have the boots on the ground, which might otherwise constrain the Hall of Flowers team during the day-to-day operations. And we’re able to reflect the nuances that are vital to making the show a success up here.”

Minimizing risk via horizontal approach 

Other U.S. companies recognize opportunity in the Canadian market, but they also see it as a way to prove out new cannabis products in one of the few federally-regulated recreational markets in the world. 

“We built our plan to de-risk as much of the unknown as we could,” said Paul Weaver, head of cannabis at Boston Beer Co., a well-known U.S. craft brewer. 

Rather than making a big splash by buying a cannabis producer and bottling plant, Boston Beer signed on strategic partners in Canada to produce nonalcoholic THC-infused teas dubbed TeaPot. 

The company launched its product in Canada via a three-tier, multifaceted supply-chain partnership with Peak Processing Solutions in Windsor, Ontario, and Entourage Health Corp., an Ontario-based grower and distributor.

“This is the new state of the union for the industry – having partners, collaborating and spreading out your capital a little bit. The entire industry is embracing a more horizontal approach.”

Weaver said big risks typically involve significant capital allocation, over-investing in one idea and not having the flexibility to pivot. 

“We focus on what we can control. … That’s what’s going to allow us to act quickly when the dust starts settling in some of these markets,” Weaver said, referring to up-and-coming European markets. 

“Flexibility in Canada allows us to test, learn and build an amazing product around TeaPot.”

Source: https://mjbizdaily.com/us-cannabis-companies-tread-cautiously-into-turbulent-canadian-market/

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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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