Government
With Adult-Use Cannabis Legalization Imminent, Germany Gears Up To Capitalize On Global Weed Wanderlust
With Germany located in the heart of Europe, there is strong potential for tourism growth and expansion to an audience of EU travelers and other international visitors.
Tourism has become a profitable and ever-growing asset of the licensed cannabis industries within the U.S. and Canada, as well as the Netherlands, despite the country’s lack of formal adult-use cannabis legalization. With Germany on the cusp of legalizing adult-use cannabis amid a profitable medical-only market, businesses, investors and travelers alike are gearing up to embrace new cannabis tourism opportunities on the horizon.
Since 2013, Amsterdam has welcomed residents and tourists to its coffee shops. These social cannabis consumption lounges were even declared “essential businesses” as part of the Dutch lockdowns during the COVID-19 pandemic.
Over in the States, adult-use markets have attracted both in-state and out-of-state cannabis connoisseurs. Forbes recently cited data from a 2022 Harris Poll survey which found that half of Millennial respondents said that access to legal cannabis is a factor in planning a vacation. In addition, 43% said that they’ve specifically chosen a destination with a legalized adult-use market. Colorado, which has legalized adult use since 2020, has noted that dispensary visits are common amongst travelers to the Centennial State.
According to research released from the Colorado Tourism Office, 16% of those who traveled to Colorado in winter and 15% who traveled to the state in summer visited a cannabis dispensary or retail store while they were there. Also, according to the report, visitors who participated in cannabis-related activities were more likely to stay longer in the state versus those who did not partake.
Germany is set to legalize adult-use cannabis by 2024 and will be the world’s largest recreational cannabis market due to the country’s population size. In June 2022, the German government held five hearings to discuss the framework of adult-use cannabis legalization. Representatives from the German government and more than 200 people from medical, legal and business verticals as well as international experts participated in these critical discussions.
Adult-use legalization in Germany will induce a “tourist demand,” particularly from its nine neighboring countries. The criteria of what adult-use legalization will entail, including whether visitors from other European Union (EU) countries and other parts of the world would be able to purchase and use cannabis within the country, has yet to be determined. In addition, the EU’s non-discrimination laws would make it difficult to forbid EU residents from purchasing cannabis even if they are not German citizens. However, if tourists can purchase and use cannabis while visiting Germany, it would open up more opportunities for growth and expansion within the new market.
While the guidelines have yet to be declared, overall cannabis demand in Germany will still inevitably increase. For example, even if tourists do not have permission to purchase cannabis in Germany once adult-use cannabis comes into focus, economists must take into account that they would be able to purchase legal cannabis through local friends and acquaintances. Considering this factor, the total market demand would be increased by a flat-rate tourism demand of 10%, according to renowned economist Justus Haucap. This 10% corresponds roughly to the magnitude of tourism demand in Colorado (source: Leeds School of Business and MPG Consulting, 2020).
According to the 2022 “European Cannabis Market Survey” conducted by Bloomwell Group, more than 66 percent of American cannabis users surveyed said they “would visit a cannabis dispensary or social consumption lounge” in Germany. In addition, 44 percent said that they would travel to Germany specifically for cannabis tourism. Fun fact, nearly 75 percent polled said Pretzels, a Deutschland specialty, are a “satisfying ‘munchies’ food.” There’s a bonus for those who make the trek!
Other countries with adult-use markets have shown that the attractiveness of these industries for tourists also depends on the sales infrastructure. For example, here are a few options that may be considered as part of Germany’s future adult-use cannabis legalization policies:
Dispensaries
Cannabis dispensaries are the norm in adult-use markets like Colorado and California. These are local government-regulated retail storefronts in which people can purchase cannabis flower and other types of cannabis products. Most of these dispensaries have budtenders – a person who can suggest recommendations to customers based on their functional needs and desires – answer questions, handle products and showcase the products that are being sold. Although consumers can purchase cannabis and cannabis products within dispensaries, it is yet to be determined whether German law will allow personal consumption or smoking on site.
Coffee Shops / Social Consumption Lounges
Amsterdam’s social consumption lounges known as “coffee shops” have already gained international interest and popularity among travelers. In the Netherlands, although cannabis production is illegal, there is a “backdoor policy” that allows coffee shops to sell cannabis for personal consumption. Although the sale of cannabis is a criminal offense, individual sales of small amounts of cannabis within these establishments are tolerated by local authorities.
While it has yet to be determined if adult-use cannabis legalization in Germany will include policies for public consumption of cannabis, it would be unlikely these establishments will resemble Dutch coffee shops. Instead, they are more likely to follow the model of social consumption lounges that have started to populate within the U.S.
Similar to a bar that serves alcohol, social consumption lounges allow consumers at least 21 years of age to purchase cannabis flower, edibles and other products and consume them in a social gathering place. Social consumption lounges are gaining popularity in mature adult-use markets like California and Alaska. A total of seven states have policies in place for social consumption lounges, and New Jersey, New York, Pennsylvania and Illinois are forging ahead with their plans to allow for consumption lounges this year. Similar to dispensaries, these consumption lounges often have budtenders that help consumers through the purchase process.
Pharmacies
The current German medical marijuana market operates using pharmacies to distribute cannabis to patients. Through this process, medical cannabis of pharmaceutical quality is distributed to pharmacies on behalf of the German Cannabis Agency. Under the law, it is mandated that a special relationship is maintained between patient and pharmacist who serve as the front-line of patient care, ultimately allowing the free flow of information, education and one-on-one medical patient care.
With adult-use legalization likely to come into fruition for Germany sooner rather than later, the prospect of expanded cannabis and related product distribution, whether in the form of dispensaries, consumption lounges or pharmacies, have resident consumers, business operators and investors salivating and eager to take a bite into the potential of its expanding market. Business owners within the current medical-only market spectate that Germany will likely implement a dispensary model with educated salespersons or budtenders, as well as the potential to also offer e-commerce. However, the government has not yet determined if public and social consumption will be allowed.
With Germany located in the heart of Europe, there is strong potential for tourism growth and expansion to an audience of EU travelers and other international visitors. Making cannabis accessible for both local adult users and tourists alike is key to driving the profitability of a burgeoning market. For this reason, now is the time for German legislators to start mapping out what adult-use cannabis legalization would look like, taking into account the overall foals to protect minors and product security, while determining how best to capitalize on the tourism aspects of the future market.
Business
New Mexico cannabis operator fined, loses license for alleged BioTrack fraud
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:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
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/
Business
Marijuana companies suing US attorney general in federal prohibition challenge
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.”
Business
Alabama to make another attempt Dec. 1 to award medical cannabis licenses
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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