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What Would You Do With $750 Million of Weed? – New York’s Botched Marijuana Legalization Plan Continues…

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New York has pleny of legal cannabis, just no legal way to sell it right now!

A thick odour of cannabis pervades many New York suburbs, the outcome of cannabis decriminalization in 2019 – yet cannabis farmers in the state are at a stall as regards getting their products to market.

The state began issuing growing permits to over 200 farms last spring. Growers have since sown seeds, cultivated rows of plants throughout summer, and concluded harvesting just a few weeks ago. Hundreds of thousands of pounds of marijuana, worth millions of dollars, is now ready to be sold at dispensaries.

The only problem is that instead of being sent to major retailers, the cannabis is simply stacking up. Despite a thriving grey market and the state regulator’s repeated guarantees that cannabis outlets will be commonplace by the end of this year, no legal recreational dispensary has been launched in New York.

The stockpiles, estimated to weigh over 300,000 pounds by the Office of Cannabis Management, pose a slew of issues for farmers. To say the least, cannabis can deteriorate with time. According to Cannabis Benchmarks, a research company that tracks wholesale marijuana pricing statewide, the stash may be worth up to $750 million based on an average projected wholesale value of around $2,500 per pound.

Farmers’ near-billion-dollar revenue will decrease if their harvest is distributed slowly. Meanwhile, producers must figure out how to store it permanently, ensuring that the weed remains as fresh as possible while protecting it from pilfering or contamination.

The Office of Cannabis Management Attempts Towards Launching Legal Recreational Dispensaries

Candidates for one of the first 150 individual retail permits and 25 nonprofit permits expect to hear from the state within the next few days, but this positive step by the OCM is merely the beginning of the lengthy process of operating a legal recreational dispensary.

Melany Dobson, CEO of Hudson Cannabis, a 520-acre plantation approximately two hours north of New York City, said: “It’s an unknown path to market.” She says, “We’ve been repeatedly promised that dispensaries will launch before the year runs out.” I’ve acted as if that’s our only form of proof, so we’re ready for it.

Since 2016, Dobson has been leading the business, previously branded Hudson Hemp, with her brother Ben Dobson and sister Freya Dobson. The fields were stark on a bright November day, with wisps of decaying foliage scattered about. Harvest had finished the previous week, and the cannabis was safely stored elsewhere.

The OCM, which monitors cannabis licenses from its headquarters in Albany, has established a high standard for its initial batch of retail operators — and a mountain of paperwork to contend with in the process. The state has guaranteed that the first licenses will go to applicants convicted of marijuana-related charges before the legalization of recreational marijuana, or their relations, as long as they have experience owning and operating a business in New York. A lot of proof is necessary to establish such credentials and a quasi $2,000 application fee.

After a petition complained of unnecessarily stringent regulations, a federal judge in Albany momentarily barred the OCM from awarding retail licenses in several regions, including Brooklyn, last Thursday. “The goal is to have dispensaries operational before the end of the year,” said Aaron Ghitelman, an OCM spokeswoman. “We’re still shooting for the first sales” by 2023.

When it issued cultivation licenses, the regulator prioritized smaller companies that had already been cultivating hemp — typically used in legal CBD products — over large corporations with no history in the state. The licences came with many restrictions, including the requirement that farms grow no more than one acre of the so-called canopy (equal to around two acres of land size) and that most of the cultivation be done outside.

As a result of the typical Northeast environment, New York’s cannabis farmers are forced to work on a tight timetable. Farmers typically plant marijuana seeds in May to enable outdoor growth rather than greenhouse cultivation. The busy season lasts until late October when harvest begins. The challenge for the remainder of 2022 — or however long it takes for legal recreational dispensaries to launch — is keeping the weed green.

Keeping Harvest Green Till Recreational Dispensaries are Launched

Cannabis, like wine, must be stored in a humidity and temperature-controlled condition. For example, the plants must be kept at a specific temperature throughout the drying process. Over time, producers are more concerned about changes in the crop’s potency and odour, though there are also physical changes.

“Old cannabis develops a brownish tint,” Melany explained. When exposed to air, light, and rising temperatures for an extended time, THC degrades into cannabinol, a weaker and ultimately less helpful molecule.

Hudson Cannabis claims to have the capacity to preserve cultivated cannabis in circumstances that restrict degradation for up to 12 months – a costly setup that not every producer can afford. Dozens of stacked yellow and black bins, each holding around five pounds of the plant, already border the company’s storage facility. Nonetheless, the farmers are modifying their operations to account for the delays.

However, not every cannabis farm is similar to Hudson Cannabis, which has substantial funds and a combined decade of experience between Ben Dobson, Hudson Cannabis’ co-founders and Melany. In addition, the company leases large expanses of land to local farmers to pasture grass-fed goats and beef. The Dobsons are confident they will weather the rough patch between harvest and the eventual ground-breaking for retail dispensaries.

The risks are bigger for many other cannabis farms within New York state. In recent years, a surplus of hemp-derived CBD products has resulted in a nationwide drop in wholesale pricing, leaving some farms in financial distress or bankruptcy. Legal THC sales appeared to be a potential solution for such farms to compensate for their losses. According to an August statement from the mayor’s office, the market for recreational cannabis is expected to exceed $1.3 billion in revenue in New York City alone by next year.

Conclusion

Farmers like the Dobsons will remain in a dilemma until legal recreational dispensaries are open. Because cross-state sales are prohibited, growers cannot sell their harvests to outlets in Massachusetts, New Jersey, or other states where retail operations are already in place. It’s either New York or nothing.

Source: https://cannabis.net/blog/news/what-would-you-do-with-750-million-of-weed-new-yorks-botched-marijuana-legalization-plan-contin

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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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