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With Demand Outpaced by Supply, Oregon Weed Retailers Lower Prices

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Year-over-year sales dropped significantly last month in the state of Oregon, causing retailers to charge less for the same product.

Harvest and sales numbers both plunged last month in Oregon, and the result could be cheaper cannabis for consumers.

That is the upshot of a report by local news station KOIN, which cited the Oregon Liquor and Cannabis Commission’s data showing “that in October 2021, nearly $94 million went to the state’s cannabis industry,” while last month, the industry received only about $79 million in total sales.

The station reported that the Oregon Liquor and Cannabis Commission also “reported 5.3 million wet pounds harvested by all producers” in October of last year, while last month, “that number fell to 4.1 million.”

“The September/October time frame is a harvest ‘window’ for outdoor cannabis grows in southern Oregon,” Mark Pettinger, spokesperson for the Oregon Liquor and Cannabis Commission told the station. “The actual harvest time is based on when cannabis farmers get their crop in the ground. Late rains pushed out the planting time this year. Also, the lengthy sunny and warm weather this fall probably affected decisions about when to harvest.”

“On the demand side, cannabis sales saw some significant spikes during the pandemic when consumers had fewer choices on how to use their discretionary income. Also, there was a fair amount of federal stimulus money that probably accounted for some of those increases. Since legalization in 2016 Oregon cannabis sales had been experiencing steady year-over-year increases,” Pettinger added.

Indeed, after cannabis retailers across the country saw a dramatic bump in sales in the age of quarantine, the industry has careened back to earth in recent months, particularly as inflation continues to tighten consumers’ pocketbooks. 

KOIN reported in August that the “pandemic boom may be coming to an end for Oregon’s cannabis industry,” with the state experiencing a steady decline in revenue from April onward. That downward trend followed two consecutive years in which the state topped $1 billion in sales.

“In June, sales totalled $82,723,244. It’s only the second time sales have dropped below $84 million since the start of the pandemic,” the station reported at the time. Experts said there are several factors contributing to the decrease in dollars sold, a few of which include consumer trends, the role inflation is playing on the market and the price at which retailers can sell their products.”

Oregon marijuana consumers who are feeling the pinch of inflation may enjoy some relief from this trend. As KOIN reported, the drop in prices “may benefit consumers who want the same quality of cannabis for less money, but buyers and sellers in the industry are put at a disadvantage.”

“The way that all states have set up their system is that whatever you grow and produce and do product manufacturing for and retail, it all has to be contained within the state,” Beau Whitney, a cannabis industry consultant, told the local station. “When you have an ‘everything contained in the state’ mentality, there’s not enough consumers to go around to handle all of that supply right in the state… when there’s oversupply and not enough demand, then prices go down because firms will get desperate. They’ll want to sell their product.”

“What cultivators have done is they’ve stopped cultivating,” Whitney added. “They’ve reduced the amount of square feet or acres that they’re deploying for further cannabis cultivation because if they grow it, but they can’t sell it, then what’s the point? It’s just like throwing money down the toilet.”

Oregon voters legalized adult-use cannabis by approving a ballot measure in 2014. Legal pot sales began the following year. 

Source: https://hightimes.com/news/with-demand-outpaced-by-supply-oregon-weed-retailers-lower-prices/

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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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