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Why Do 80% of the People in Hawaii Prefer Illicit Market Cannabis over State Licensed Legal Dispensaries?

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In Hawaii, the illicit cannabis market is thriving, even with medical legalization!

According to recent research from Hawaii, 80% of cannabis users still choose the illegal market over the government-run medicinal cannabis program.

People in Hawaii prefer illicit cannabis to state-run facilities

This high figure isn’t particularly surprising, given that cannabis use for recreational purposes is still illegal in Hawaii and won’t be decriminalized until 2019. Nevertheless, individuals working lawfully in Hawaii’s marijuana sector contend that those figures are only that high due to the existing subpar “market structure and regulation.” High taxes are also one of the most cited reasons consumers purchase cannabis on the illegal market.

Hawaii’s cannabis business is now estimated to be worth $240 million. Upon the legalization of recreational use, projections indicate that it might increase to $354 million. However, according to a recent analysis, these figures are small compared to the $8 billion in annual tax revenues the state currently receives. A legal motive to decrease taxes may exist in addition to the fact that there is no financial motivation to do so.

According to several respondents to the research, Hawaii should avoid burdensome levels of regulation and taxes if marijuana were to become legalized to supplant the state’s black market.

However, this black market problem probably extends beyond taxation. There are currently just eight authorized medicinal dispensaries in the state, and they’ve all had trouble making money.

Only 3 of these dispensaries are making a profit, according to Randy Gonce, executive director of the Hawaii Cannabis Industry Association. And none of them have provided investors a return on their investment. “On paper, they’re not successful enterprises,” Gonce concluded. You’re dealing with stringent restrictions and a minimal customer base. It’s just a difficult sector to work in because your taxes are so high, and you can’t deduct them at the federal level.

Hawaii’s Medical Cannabis Program Explained

Although Hawaii has legalized medicinal cannabis since 2000, little progress has been made. One of its greatest problems is that just 15 conditions on its incredibly short list of qualified ones can receive a prescription. A doctor’s decision to even suggest marijuana as a treatment depends significantly on how severe these ailments are.

The scarcity of cannabis, though, is a much greater problem. There are now slightly about 35,000 registered medical patients in Hawaii. All of those patients are restricted to the eight dispensaries in the state, each of which is restricted to a certain island, as was previously indicated. Lanai and Molokai medical patients lack direct access to medical marijuana.

The 4.5% General Excise Tax (GET) imposed on all marijuana-related items is the icing on top of these problems. Of course, this figure is lower in other sections of the nation. For instance, all retail cannabis goods in California are subject to an excise tax of 15%. But as company licenses have become more accessible in California, more farms have started producing goods. As a result, costs have decreased, making the product more accessible to customers.

In Hawaii, however, cultivation licenses begin at $75,000, with an annual renewal charge of $50,000. It makes no sense to invest in such outrageous fees, given the market’s long history and the apparent lack of profit in the sector. Some Hawaiians have taken to importing marijuana due to a shortage of production.

Getting Around The Challenges Facing Hawaii’s Cannabis Sector

Legalizing recreational activities would be a simple solution to increase the customer base. This could end up being trickier than it appears, though. For starters, the subject has about a 50/50 divide among Hawaiian voters. Second, lawmakers have avoided the issue for the past few years because departing Governor David Ige opposes recreational usage.

The impending midterm elections will significantly influence how this issue is handled over the next few years. Among the candidates, Lt. Gov. Josh Green (D)

favors legalizing recreational use while Lt. Gov. James “Duke” Aiona (R) opposes it. However, Hawaii’s market will still face difficulties even after legalization. And this is just a result of the state’s industry’s output shortcomings. In truth, Californian marijuana is being imported into Hawaii in large quantities rather than cultivated there.

What May Come Next

Hawaii ultimately needs to create an equal legal market to start cutting down on the black market. As previously indicated, the cost of entrance into the sector is exorbitantly high, and because there is little demand, capital investors are especially wary of such generous financial incentives.

 We aim to create a shallow entrance barrier while maintaining the business’s integrity, as Gonce puts it. He elaborated on this by stating that organizations had to be watched, financial movement ought to be controlled, and the government should conduct product testing for potency and purity. However, these adjustments should only be made if they result in lower consumer pricing. The price of legal cannabis in Hawaii is 40% to 100% more expensive than on the black market. For instance, one ounce of marijuana costs about $350 in a dispensary but only $250 on the black market.

Production inside the state must rise to reduce prices. And the government must urgently open the market to entrants to expand output. According to the research, problems with the market structure and regulation result in high pricing that is noncompetitive compared to the gray market. Laws and regulations that restrict growth, market size, competition, and specialization produce an unfavorable market structure.

Bottom Line

It might not be possible for Hawaii to address the issue of the black market because its’s root is thousands of kilometers over the Pacific. According to a task force assessment, illegal cannabis in California is reasonably priced and of high quality. Even if Hawaii allows adult usage, this market dynamic will still exist.

Meanwhile, Hawaii’s law enforcement has become more active in pursuing illicit enterprises to confront the problem immediately. But despite being so forceful, growth has continued. According to the task force’s assessment, the illegal market has grown to such a size that the state is now a player in the national marijuana market.

Source: https://cannabis.net/blog/news/why-do-80-of-the-people-in-hawaii-prefer-illicit-market-cannabis-over-state-licensed-legal-disp

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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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