The Vermont Cannabis Control Board is recommending the state remove its THC potency caps for cannabis concentrates, VT Digger reports.
The three-member board issued a draft report highlighting the following primary issues with the THC potency caps, which lawmakers have set at 60% THC:
The use of THC caps will give the illicit market a monopoly on highly potent concentrates.
Forcing operators to create only low-potency concentrates would necessitate the use of filler for the products.
“There is no knowing for certain what manufacturers would use for filler if forced to dilute their products to meet potency limits.” — Cannabis Control Board, in its report
Potential filler products could include fats, oils, terpenes, or other cannabinoids, according to the report. But there is no guarantee these fillers would be any safer than allowing high-potency THC products and, in fact, they could prove to be more dangerous, “as seen with the EVALI crisis,” the Board said, referring to the once-widespread vaping-related lung disease that federal regulators traced back to unregulated vape cartridges, which used vitamin E acetate as a filler for product consistency.
Vermont‘s THC potency caps were originally included as a last-minute change by House lawmakers to a Senate-approved bill — the amendment followed an abrupt change in stance by the Vermont Department of Health.
Senators said they would move the bill back to a conference committee but the legislative session was ending soon and the House’s amendment ultimately stayed.
The Board, which has previously recommended dropping the Legislature’s added THC caps, suggested the following steps in its report:
1. Remove the potency cap for solid concentrates.
2. Authorize consumer education campaigns and youth prevention programs.
3. Use a portion of the revenue at the Department of Health for substance misuse prevention programs to fund these education programs.
4. Make public health information, including safe dosage information, readily available.
Of all the U.S. states which have legalized adult-use cannabis, only Vermont and Connecticut have enacted THC potency caps for concentrates.
The D.C. Council last week gave its unanimous and final approval to a bill that makes sweeping changes to the District’s medical cannabis program, capping a long and obstacle-ridden journey for the legislation, which was introduced nearly two years ago. It now heads to Mayor Muriel Bowser’s desk for a signature, and then to Congress for review.
In its final form, the 78-page Medical Cannabis Amendment Act loosens a slew of restrictions on dispensaries and cultivators, lifts a cap on the number of licenses regulators can issue, and gives unregulated weed businesses a path to legality while cracking down on those that don’t fall in line. It also takes new steps to prioritize entrepreneurs harmed by the so-called War on Drugs, and renames the D.C. agency charged with regulating weed from the Alcoholic Beverage Regulation Administration (ABRA) to the Alcoholic Beverage and Cannabis Administration (ABCA).
“There has been a lot of work that’s gone into this bill, and I appreciate where we have landed despite how long and extensive this bill is,” said Ward 5 Councilmember Kenyan McDuffie on Tuesday.
Leading up to the final vote, the legislation faced significant pushback from industry groups that argued it would unduly punish unregulated weed storefronts without giving them a fair chance to comply with new regulations. The measure extends an olive branch to unregulated storefronts — familiarly known as weed “gifting” shops — by allowing them to apply for “conditional” licenses. However, gifting businesses that don’t apply or are denied a conditional license would eventually face fines and penalties. Landlords who rent commercial property to unlicensed weed shops could also face fines up to $10,000.
Advocates for the gifting industry had expressed concerns that unregulated shops wouldn’t have enough time to apply for conditional licenses and to subsequently get up to code. The council on Tuesday amended the bill to extend the application window for conditional licenses to 90 days, and extended the grace period before enforcement begins to 315 days. The amendment, proposed by McDuffie and Council Chairman Phil Mendelson, also allows licensed medical weed businesses to become “vertically integrated” — meaning they could operate as both cultivators and retailers. It also removes a provision authorizing businesses to deduct revenue losses from their taxes.
The I-71 Committee, a group that lobbies the council on behalf of gifting shops, issued a statement on Tuesday praising the revisions and thanking McDuffie and Mendelson for their work on the bill.
“We believe it is a great improvement over the previous draft and consider it a step in the right direction for the local cannabis marketplace,” the statement said.
But the group said it remains concerned a rapid expansion of D.C.’s cannabis program could lead to supply shortages for gifting shops transitioning to the legal marketplace. McDuffie acknowledged those lingering worries before the vote.
“I don’t think everybody got what they wanted,” he said. “Usually that’s a sign of the process playing out in a way that gets you somewhere in the middle, and in this case I think it benefits the city.”
He insisted the legislation’s purpose is to bring gifting shops into the regulated cannabis economy, rather than to punish them. “The focus of the bill shouldn’t be enforcement, it should be the pathway that it creates for people to operate legitimately,” McDuffie said.
Mendelson echoed that sentiment, though he reiterated that gifting shops would need to apply for conditional licenses and become compliant to avoid fines and penalties.
“It’s a safe harbor for those who apply — if you don’t apply, you don’t have a safe harbor,” he said, adding that D.C. is “creating an on-ramp for existing businesses that don’t have a license to get a license.”
Ward 4 Councilmember Janeese Lewis George praised the latest amendments and called the bill “monumental.”
“We are setting up all cannabis businesses both licensed and unlicensed for success and for a thoughtful transition to a market where everyone has a meaningful opportunity to thrive by playing by the same rules,” Lewis George said.
At-Large Councilmember Robert White said the measure gives people formerly incarcerated for cannabis offenses an opportunity to participate in D.C.’s legal weed industry. A previous statute barred people with felony records from owning or working at licensed D.C. weed businesses, which advocates argued was unfair for those convicted of weed-related crimes.
The legislation permanently reverses that statute and sets aside 50% of all new cannabis licenses for entrepreneurs who qualify as “social equity applicants” — which includes people formerly incarcerated for weed offenses and their family members. Other provisions aimed at repairing the damage of The War on Drugs include grants and loans to help social equity applicants get weed businesses off the ground.
Furthermore, D.C.’s cannabis licensing structure would be expanded to include two new business categories: internet retailers that sell weed without a physical storefront, and couriers that facilitate the delivery of cannabis products to registered patients. Additionally, licensed dispensaries would be eligible to host tastings and classes where patients could consume weed on-site.
The bill’s passage on Tuesday came just hours after budget leaders in Congress unveiled a new spending package that maintains a ban on retail cannabis in the District. Though D.C. voters approved a ballot measure to legalize recreational cannabis in 2014, Republicans in Congress have since barred District officials from using local funds to launch a regulated market for adult-use pot.
This week Congress again told D.C. that it can’t legalize recreational sales of marijuana. On the same day, the D.C. Council passed a sweeping bill to expand medical marijuana sales — and let existing marijuana gifters apply for licenses. https://t.co/mACYvsNGDO
The ban could present a major hurdle for the bill next month when it enters the 30-day congressional review period required for D.C. bills to become law. That’s because the measure quietly transforms D.C.’s medical weed market into a recreational one by making permanent a rule that allows adults 21 and older to purchase weed at dispensaries without a doctor’s note. The crafty rule, which was temporarily enacted in October by way of emergency legislation, simply requires patients to “self-certify” they use cannabis for medical purposes.
Legalization proponents say the ban has pushed many D.C. weed businesses to the gray market in the absence of a regulatory structure for recreational cannabis.
“It has left them in a legal limbo,” said At-Large Councilmember Robert White.
At-Large Councilmember Christina Henderson said the ban “continues to hamstring our economy, and reminds us of our lack of statehood more generally.”
“There’s still more time for Congress to remove the rider, and so I’ll put that plug in here,” she added.
Detroit city officials notified 33 applicants for retail cannabis business licenses this week that their applications were approved, according to a press release.
It is the biggest step so far toward launching a regulated adult-use market in Detroit since Michigan voters approved cannabis legalization in 2018.
“Our goal from the day voters approved the sale of adult-use marijuana was to make sure we had a city ordinance and a process in place that provides fair and equitable access to these licenses and the courts have affirmed that we’ve done just that.” — Detroit Mayor Mike Duggan (D), in a statement
Under city regulations, officials could have approved up to 20 applicants each of social equity and non-social equity status. Ultimately, the approvals included the following 20 equity and 13 non-equity licensees:
Equity Licenses
1. House of Zen – 14501 Mack
2. LIV Cannabis – 12604 E Jefferson
3. Motor City Kush – 10 E 8 Mile
4. Liberty Cannabis – 2540 Rosa Parks
5. High Profile – 20327 Groesbeck
6. Chronic City – 6810 E. McNichols
7. Plan B – 20101 W 8 Mile
8. DaCut 12668 – Gratiot
9. Blue Wave – 1947 W Fort
10. The Remedy – 20041 W 8 Mile
11. Cloud Cannabis – 16003 Mack
12. Gage 313 – 14239 W 8 Mile
13. Detroit Herbal Ctr – 14325 Wyoming
14. Nuggets – 18270 Telegraph
15. Livernois Provision – 8305 Livernois
16. Inhale – 15670 E 8 Mile
17. TJM Enterprises – 8600 E 8 Mile #28
18. The Herbalist – 15510 W Warren
19. Ivy League – 471 S Schaefer
20. SJTC Enterprises – 6640 E 8 Mile
Non-Equity Licenses
1. Luxury Loud – 2520 22nd
2. THC Detroit – 19533 W Warren
3. Det Natural – 3394 Fort
4. Jars Cannabis – 11400 8 Mile
5. House of Dank – 3340 E 8 Mile
6. SMOK – 7461 W 8 Mile
7. Oz Cannabis – 16829 Harper
8. MPP Services – 2710 Livernois
9. West Coast Meds – 8620 Lyndon
10. Cookies – 6030 8 Mile
11. Southwest Meds – 6237 Federal
12. Leaf and Bud – 14470 Livernois
13. Playa Kind – 8301 St. Aubin
Detroit intends to award a total of 160 cannabis licenses including 100 retailers, 30 microbusinesses, and 30 consumption lounges. The licensing is expected over the course of three phases, although the exact dates for Detroit’s Round 2 and Round 3 cannabis licensing phases have not yet been announced.
Scott Martin — an Air Force veteran and Buffalo, New York firefighter who was terminated following the discovery of his medical cannabis use — was reinstated to his position this week after winning a lawsuit against the City of Buffalo and the Buffalo Fire Department. Martin had worked as an Emergency Medical Technician (EMT) specialist for the Buffalo Fire Department for nearly twelve years before he was fired from his “dream job” on December 22, 2020, over his legal use of medical cannabis.
The city said that even though Martin, an Air Force veteran who served tours of duty in Iraq and Afghanistan, had been properly certified and registered as a medical cannabis patient in the state, his cannabis use violated the terms of his governing collective bargaining agreement. But according to state law, registered medical cannabis patients cannot be discriminated against or disciplined for lawful cannabis use.
After filing suit for wrongful termination, it took two years for him and the City of Buffalo to reach a settlement in the case which will see Martin immediately reinstated this week to the same rank, seniority, salary, and benefits he held before his firing.
“I am glad that I can finally go back to the work I love – protecting the safety of the citizens of the City of Buffalo.” — Martin, in a statement
“The rights of medical cannabis patients in the workplace is a cutting-edge legal issue,” David C. Holland, an attorney with Prince Lobel who is representing Martin, said in a press release. “This was a case of first impression. It involved the proper balancing of the rights of the parties to a collective bargaining agreement (employers, employees, and unions) when it comes to medically prescribed marijuana. The parties’ agreement to Martin’s reinstatement and the recognition of his rights under the Compassionate Care Act is a reasonable resolution to this dispute.
“At the national level, I expect to see parties to collective bargaining agreements come to similar accommodations and resolutions,” said Holland, who also serves as Executive and Legal Director for Empire State NORML.
While Congress may have failed to deliver significant cannabis industry reforms as we close out the year, cannabis entrepreneurs, professionals, and experts already have their eyes and hearts set on 2023. In this third installment of our 2023 Cannabis Industry Predictions series, we asked specialists in cannabis data, technology, employment, events, tourism, and industry operations for their expectations for the coming year.
Scroll down for their full reactions, expert advice, expectations, and more!
And in case you missed it, be sure to check out the first chapter of our 2023 prediction series — which covers cannabis retail, branding, education, and consumer packaged goods — and the second chapter, featuring experts in cannabis science, cultivation, and agricultural technology, as well as industrial hemp and psychedelics.
Data
Roy Bingham – Co-founder and CEO of BDSA
“The industry will face short-term headwinds in the form of supply, pricing and regulatory challenges, but the long-term outlook remains strong. Short-term growth will primarily come from emerging markets both in the U.S. and globally. As mature markets in the western U.S. face stiff price pressure and continued illicit competition, emerging markets present some of the best opportunities for growth in the industry. As the more mature markets see sales slow, consolidation, attrition of smaller brands, and M&A activity will accelerate in 2023. Brands that embrace premiumization, portfolio price tiering, and highly differentiated offerings are expected to stay ahead of the pack and hold on.” Visit website
Employment & Hiring
Megan Carvalho – National Campaign Coordinator for Cannabis Workers Rising, a United Food and Commercial Workers International Union program “As America’s largest cannabis union, UFCW has spent nearly two decades leading the charge on advocating for workers in the emerging cannabis industry and our efforts are only heating up. We’ve been front and center in legalization efforts, ensuring states prioritize the people who make this industry run and that cannabis jobs are safe, good, and equitable. The coming year will be all about organizing. The national wave of union organizing is happening here in the cannabis industry too and UFCW is redoubling our efforts to help any cannabis worker who’s ready to strengthen their workplace with a union.” Visit website
Kara Bradford – CEO and Chief Talent Officer of Viridian Staffing
“2023 is shaping up to be quite different than 2022 in cannabis employment. We’ve already started seeing layoffs, and this will likely continue with the number of equity investments declining and the cost of debt sharply up. As their ability to finance further growth becomes more challenging and we see a shift from a candidate’s market back to an employer’s market, cannabis companies are going to become more selective in their hiring. While we have seen a trend towards greater specialization and fewer responsibilities in recent years, the need and ability of cannabis companies to run leaner is likely to reverse this trend.” Visit website
Danielle Schumacher – Founder of THC Staffing
“In 2023, more cannabis companies will unionize – not by choice but because employees are fed up with unfair and unsafe work environments. Groups like Cannabis Workers Coalition are leading the way for employees who are organizing for better pay and working conditions. Mainstream unions such as UFCW now have cannabis-specific departments. Meanwhile, people with years of valuable cannabis experience will continue to leave the industry due to low or no pay, abusive company cultures, etc. A silver lining is the potential for coalitions of community-based organizations and ethical entrepreneurs to work together to carve out more space for small businesses.” Visit website
Events
Jenn Tramaglino – CEO of Cannect Hospitality
“In Nevada, the new year will usher in the opening of legal cannabis consumption lounges. These new venues will host parties, performances, and educational events. For the first time ever in Las Vegas, ticketed events, coupled with cannabis sales and consumption, will be available to the public. Overall in 2023, Cannect anticipates brands to raise the bar on engaging event buildouts. We expect to curate a lot of custom fabrication, branded gamification and use of new technologies. We all love to walk up to an activation and go, “WOWW!” We believe there will be a lot more “WOWW!” coming in 2023.” Visit website
James Zachodni – CEO of Farechild
“With an economic slowdown worldwide, cannabis brands are going to have to be smarter on where and how they utilize their marketing dollars. I believe a lot of traditional media dollars will move over to live-events where brands will see a direct ROI by connecting with their customers rather than throwing thousands of dollars at billboards and other antiquated forms of marketing. Events will need to become more niched down to bring true value to the brands by delivering a platform to maximize the brand’s reach, not just supply meaningless impressions.” Visit website
Operations
Kenneth Mason, CPA, MBA – CEO of Equibis (Cannabis Accounting for Good)
“There’s a ton of long-term potential in cannabis. However, many companies are currently unprofitable. Some folks are being forced to close up shop because they don’t have the cash flow to survive long-term. Considering the broader economy, inflation, extraordinarily high taxes in cannabis, and financing being down 65%, the next twelve months are going to be very challenging for those that are not actively using their financials to budget, forecast cash flow, and create a plan to put away cash for the rainy days. Visit website
Zachary Garippa – CEO of Order.co “2023 will be about access to financing and HOW companies are spending those funds. Scale and profitability matter – the best operators focus on continued growth and managing their spend/cash flow. Banks, especially private capital, will lean in further with creative financing to enable profitable growth. Consolidation will continue, with buyers and sellers looking to show how quickly the combined entity can drive incremental bottom line. And, as states continue to legalize, time-to-market penetration will accelerate, and multi-state operators will have an advantage here. Spend efficiency will be instrumental to growth.” Visit website
Headshots by Gary Barragan Photography
Jesse Parenti – Founder and National Director of Nine Point Strategies
“As more states open up we still don’t have the national support by the Fed that is needed yet to get things to move faster. People are still in jail for something that shouldn’t be illegal. Banking and 280E are still major problems for the industry, with no relief coming from the federal government anytime soon. All levels of operators need to work on internal efficiency and operations moving forward. This needs to be supported by having strong foundational culture, reinforced by safety and accountability. Lastly, work to stabilize any profit you can, so they can stay alive to see the success of your efforts.” Visit website
Public Relations
Photo credit: Michael Rodriguez
Kenneth Loo – Founder and CEO of Chapter 2 Agency
It will be all about New York in 2023. Look out for big names, great retail, consumption lounges, cannabis cafes, high wattage celebrities, fashionable approaches and lots of craziness surrounding this Empire-State gold rush. The crisis in California cannabis will continue and begin to permeate other regions. Marketing that directly supports the perseverance of craft and heirloom cannabis as well continues to celebrate small farms will be a major part of the conversation next year. These efforts must encompass more than just donating a percentage of proceeds. This will manifest in cause-related, policy-changing efforts and creating supply chains to discover additional access points for this category. Visit website
Ricardo Baca – Founder & CEO of Grasslands: A Journalism-Minded Agency “My prediction for cannabis PR and cannabis marketing in 2023 is that the largest media outlets in the U.S. will finally start covering cannabis more often, and in a way this plant-based industry deserves. But why? Because weed is now legal in the media capital of the world, a.k.a. New York City. And with that legality, which will see dispensaries opening as early as December 2022, we will see the behemoth media organizations (and ownership groups) start cozying up to the idea of covering cannabis as the legal agricultural product and consumer packaged good that it is. This will be a very good thing for our agency’s clients and the industry as a whole, as we will all benefit from deeper and more open-minded news and lifestyle coverage than what has come before.” Visit website
Sonia Hendrix – Founder of GALLERY PR
“Lifestyle/Wellness PR in 2023 will be transformative. From emerging social media technologies and trends that impact how and where consumers read and share content, to the vibrant social justice movements and political action campaign efforts uniquely employed state-to-state. Globalization: cannabis communities are more connected than ever. Growth opportunities through mobile will be big as more people use mobile for online purchases and engagement. Well-timed educational campaigns will remain vital: educating the press, who educate the public. The internal tug-of-war between “new” and “old” operators, and fight for more female executives will remain; albeit with more male advocates.” Visit website
Supply Chain
Jun Lee and Vince Ning – Co-CEOs & Co-Founders of Nabis “Market fluctuations will continue into 2023 from shifts in regulations, like tax responsibilities that still don’t resolve tax burdens the industry is responsible for. Without proper reform, cash flow disruptions may continue throughout the supply chain. We’re hopeful positive changes, like eliminating the cultivation tax, will bring support to cultivators so that they can operate more sustainably. Profitability is key, and as more states come online, we foresee operators leaning into geo-expansion rather than putting all their eggs in one basket. The key for strong operators will be identifying when to pursue new opportunities, and when to remain focused.” Visit website
David Hua – CEO and Co-founder of Meadow “2023 is the year we find out if legal cannabis is recession-proof, and which operators are equipped to weather that storm. Fewer consumer dollars to spend, higher prices, and a persistent unregulated market mean operators will need to find efficiencies that squeeze every dollar per gram and make steady increases to margins. Smart technology and efficient workflows will be critical to gaining a competitive advantage in this environment, particularly when it comes to consolidating or eliminating unproductive tasks, savvy inventory forecasting, high-ROI marketing, and capitalizing on favorable regulations (like California’s delivery trunk size increase to $10k.)” Visit website
Donna Leach – Senior VP of Supply Chain at HERBL “2022 has been a challenging year for operators across the supply chain, including distributors. You can attribute this to tax impacts, unique costs such as fleets with expensive security requirements, and fuel costs. Some of our responses to this climate have been service rationalization, tightening up our operations for maximum efficiency, and an investment in tech development for increased automation. In 2023, I expect to see consolidation across the industry, more aggregated ordering at the retail level, and stakeholders choosing partners that streamline operational efficiencies. Operators that have continuously improved their supply-chain capabilities will be best-positioned for the future!” Visit website
Tech
John Yang – CEO of Treez
“Retailers in new markets like New York will need help getting up and running and existing markets may continue to struggle while the illicit market continues to thrive, and as consumer spending continues to trend downward in the face of economic struggles nationwide. Our data shows that consumers are buying as frequently as they used to, but average order spend is down ~15% in overall gross sales. Companies like Treez will need to bridge the gap and provide the right technology and insights to help retailers manage their businesses more efficiently. Retailers are not getting the tech solutions they need to do that today, and those who deliver that value are the ones who will win more business and drive the industry forward.” Visit website
New York’s first licensed adult-use cannabis retailer is set to open its doors next Thursday, December 29, according to an announcement by the office of Gov. Kathy Hochul (D).
“We set a course just nine months ago to start New York’s adult-use cannabis market off on the right foot by prioritizing equity, and now, we’re fulfilling that goal. The industry will continue to grow from here, creating inclusive opportunity in every corner of New York State with revenues directed to our schools and revitalizing communities.” — Gov. Hochul, in a statement
The shop, Housing Works, is a charitable nonprofit located near St. Mark’s Place in Manhattan’s East Village neighborhood. The company plans to offer services for people living with HIV/AIDS as well as homeless, formerly incarcerated, or justice-involved individuals, according to the release.
Sasha Nutgent, the store manager for Housing Works, called the launch a “once-in-a-lifetime moment.”
“We are eager to take the lead as a social equity model for America’s cannabis industry, specifically with our hiring practices and continued support of individuals and communities disproportionately impacted by the unjust War on Drugs,” Nutgent said.
“I’m excited that a non-profit like Housing Works, with its support for formerly incarcerated individuals, will lead the way with sales,” said Cannabis Control Board Chairwoman Tremaine Wright. “The start of sales through the Seeding Opportunity Initiative is just the beginning of the robust ecosystem we’re building — the equitable and inclusive market will grow from here with supports throughout to ensure licensees are able to overcome barriers and build this new industry.”
New York cannabis regulators have issued 36 conditional adult-use cannabis dispensary licenses, so far — 28 to qualifying companies and eight to non-profits like Housing Works. In order to qualify for one of the nonprofit retail licenses, companies must have at least one justice-involved board member and must offer employment opportunities for those with a marijuana conviction.
A report published earlier this month by the Canadian Institute of Actuaries (CIA) and Casualty Actuarial Society (CAS) which analyzes the impact of cannabis law reforms on vehicular accidents in Canada and the U.S. found no statistically significant impacts of decriminalizing cannabis.
The report, Assessing the Impact of Marijuana Decriminalization on Vehicle Accident Experience, uses insurance statistics to paint a picture of traffic accident variations in Canada following the nation’s 2018 cannabis legalization policy, finding no significant changes. The report also estimated the state-wide effects of state-level legalization laws in the U.S., which likewise showed no consistent or significant results to support the conclusion that the reforms led to increased road fatalities or accidents.
“The literature review shows that while marijuana impairment affects driving behaviour, the behaviour is not always riskier; for example, slower speeds and longer following distances of impaired drivers have been reported. The observational studies of road accidents report mixed results, most often not detecting significant effects, particularly in the long term.” — Excerpt from the report’s Executive summary
Researchers used data-driven methodologies to overcome the limitations of previous research, according to a press release.
“The methods used in this research include improved statistical models, machine learning and other data science techniques. The models used high-resolution weather data to account for the effects of weather factors,” said the report’s author Dr. Vyacheslav Lyubchich.
The research said that inclement weather and temporal patterns of human activity (such as cycles of yearly, weekly, and daily driving habits) would serve as better predictors of the vehicle accident experience.
The Washington D.C. City Council voted unanimously this week in favor of reforming the District’s medical cannabis program, Marijuana Moment reports.
The Medical Cannabis Amendment Act, which goes next to the desk of Mayor Muriel Bowser (D) for her signature, contains language to eliminate license caps for the program and to provide tax relief to medical cannabis operators, among many more reforms.
Officials also approved rules to promote social equity in the industry and establish new business options including on-site consumption and cannabis cooking classes, the report said. Additionally, the reforms package would make permanent a rule change from earlier this year which allows anyone aged 21 or older to self-certify for the medical cannabis program, bypassing the need for a physician’s recommendation.
The rules also create an enforcement path for Washington D.C.’s gifting-based gray market, which has proliferated since Congress first blocked the part of the District’s voter-approved legalization plan which sought to establish a regulated cannabis marketplace (notably, the ban is still present in this year’s annual omnibus spending package, meaning D.C. will see at least another year of Congress neglecting the will of its voters). Under the new measure, any enforcement action by regulators against unlicensed cannabis retailers must be postponed by 315 days from the bill’s enactment.
Ultimately, officials are hopeful that the gray market operators will transition into fully licensed entities:
“What we are doing here is really giving a path for full business recognition for many of our [unlicensed] shops who, to their credit, found a loophole in the law and jumped on it, as many have in many different industries over time. But it is left them in legal limbo.” — Chairman Phil Mendelson (D), via Marijuana Moment
The i-71 Committee — a group of D.C. cannabis advocates supporting equitable, fair, and socially conscious cannabis legislation — released a statement saying it “supports today’s passage of the new, amended version of the Medical Cannabis Amendment Act of 2022,” the report said.
The Florida-based cannabis multi-state operator Trulieve is spending big on a campaign to legalize adult-use cannabis in the state in 2024, the Tallahassee Democrat reports.
The campaign launched earlier this year and since then, Trulieve has written the effort three checks for $5 million — in fact, Trulieve has invested all but $124 of the Smart & Safe Florida campaign’s $15 million-plus campaign war chest, the report said.
The campaign kicked off its effort in September by hiring a signature-gathering firm for $1 million — in order to successfully place the Adult Use of Marijuana Act on Florida’s 2024 ballot, advocates will need to collect nearly 900,000 valid voter signatures by February 1, 2024. Initiative backers have currently collected about 54,000 signatures, according to the report.
The Adult Use of Marijuana Act is a constitutional amendment that would allow anyone aged 21+ to “possess, display, purchase, or transport up to two and a half ounces of marijuana for personal use for any reason.” The proposal would also allow the state’s medical cannabis dispensaries to sell and distribute cannabis products for adult use.
But while Trulieve has been bankrolling legalization efforts in Florida, the company also laid off an unspecified number of employees in Gadsden County, where Trulieve has two grow locations and a processing facility, according to another Tallahassee Democrat report.
Trulieve also laid off as many as three dozen workers from a Pennsylvania cultivation facility earlier this month after posting quarterly losses totaling $115 million, MJBizDaily reported.
Florida state health officials have begun the processing of licensing up to 22 new medical cannabis companies, the News Service of Florida reports. The new licenses could potentially double the size of the state’s medical cannabis industry.
Officials passed an emergency rule to set up the process, wherein health officials will accept future applications in “batching cycles” — these cycles will be more clearly defined under additional rules which are expected later on, but the batching cycle could be intended to help the state avoid lawsuits from rejected applicants, the report said. The licenses are required under Florida’s medical cannabis framework, which mandates the licensing of more companies as the state’s patient base grows.
Additionally, regulators more than doubled the state’s original medical cannabis application fee from $60,830 to $146,600 for the new licenses.
The Florida State Department also published an emergency rule to increase the cost of license renewals from $60,000 per year to more than $1 million — the cost bumps come following complaints by Gov. Ron DeSantis (R) that Florida’s cannabis companies were paying too little to operate in the state considering that the licenses have sold for more than $50 million, the report said.
The Physician Certification Pattern Review 2023 — published earlier this year — noted that Florida‘s medical cannabis market saw its patient count increase by 25% during the fiscal year 2022 with approximately 546 million ounces of cannabis sold to 757,600 qualifying patients.
Any hope to see Congress pass modest cannabis reforms during the lame-duck session was dashed this weekend after the SAFE Banking package and language for cannabis expungements were excluded from the must-pass annual spending bill. Additionally, lawmakers kept a rider in the bill that specifically blocks Washington D.C. from implementing regulated sales as described by its voter-approved cannabis legalization law, Marijuana Moment reports.
Despite Senate Majority Leader Chuck Schumer’s (D) last-ditch effort to get the SAFE Banking package passed during the lame-duck session, the banking reforms’ were reportedly excluded following pushback from GOP lawmakers. Democrats’ first attempt to approve the reforms this month by attaching the banking language to the National Defense Authorization Act (NDAA) was similarly squashed by Senate Republicans.
The excluded language for cannabis expungements, meanwhile, had been added to the House version of the bill earlier this year, the report said, but even that proved too contentious for GOP lawmakers in the Senate.
But while the national industry laments what’s left out of the omnibus spending package, cannabis industry representatives in Washington D.C. will face yet another year of Congress meddling in local affairs. Specifically, lawmakers voted to approve a long-standing rider that blocks the District from fully enacting its voter-approved cannabis reforms. That rider — originally proposed by Maryland Rep. Andy Harris (R) — was added to the spending package following the District’s 2014 legalization vote and prevents any local tax dollars from going toward establishing a regulated, adult-use market. It has been renewed each year since then.
“Democrats have promised action on cannabis consistently for the last two years, yet leadership consistently failed to prioritize and advance marijuana reform legislation, including legislation to provide clarity to banks and to provide grant funding for state-level expungements efforts, despite having several opportunities to do so,” NORML Executive Director Erik Altieri said in a statement. “Democrats’ failure and the GOP’s continued resistance to any progress is out of step with voters’ opinion, is bad politics, and most importantly, it is bad public policy.”
California state Sen. Scott Wiener (D) is set to propose a psychedelics decriminalization proposal covering hallucinogenic mushrooms and DMT, a strong and naturally occurring psychedelic, the San Francisco Chronicle reports.
Senate Bill 58 is a scaled-back version of Wiener’s proposal from last year, which sought to remove criminal penalties for possession of psychedelics including LSD, MDMA, psilocybin mushrooms, mescaline, and others. His previous measure, though approved by the Senate, had its decriminalization language removed in the Assembly Appropriations Committee and Wiener ultimately pulled the bill.
Wiener’s latest proposal focuses on decriminalization but leaves out LSD, MDMA, and ecstasy, according to the report. The bill is supported by progressive lawmakers and organizations that claim psychedelics could be an effective treatment for PTSD among combat veterans.
“These drugs literally save lives and are some of the most promising treatments we have for PTSD, anxiety, depression, and addiction. We need to end the outdated, racist, failed War on Drugs and finally pursue drug policies that help people instead of incarcerating them.” — Wiener, in a statement via the Chronicle
SB58 would not allow for the sale of psychedelics and stops short of establishing a regulated framework for the medical and/or supervised consumption of such products, unlike neighboring Oregon’s 2020 voter-approved psilocybin therapy legalization measure.
New Jersey adult-use cannabis shops sold $116,572,533 worth of cannabis products from July 2022 to September 2022, according to receipts reported by the New Jersey Cannabis Regulatory Commission (NJ-CRC). If medical sales are included, the state’s record $116+ million in third-quarter cannabis sales jumps to more than $177 million, regulators said.
There are 20 dispensaries in New Jersey that are licensed for recreational cannabis sales and are currently serving customers with another 10 licensed for just medical sales.
“New Jersey is only seeing the beginning of what is possible for cannabis. We have now awarded 36 annual licenses for recreational cannabis businesses to New Jersey entrepreneurs, including 15 for dispensaries. Those businesses alone will be a significant growth of the market. With more locations and greater competition, we expect the customer base to grow and prices to come down.” — ” Jeff Brown, NJ-CRC executive director, in a press release
“We are looking forward to seeing local, small business owners participate in this lucrative market,” NJ-CRC Chairwoman Dianna Houenou said via press release. “Our priority application process as well as new initiatives like the no-cost Cannabis Training Academy being launched by New Jersey Business Action Center in early 2023 are paving that path for them to be included.”
Cannabis sales in Washington have slowed this year for the first time in the decade since voters first approved the state’s legalization language, the Seattle Times reports. The drop ends a trend of growing sales that has continued since the Washington market’s 2014 launch, including a significant surge during the pandemic.
“What you’re seeing as a ‘dip’ is really sales returning to normal growth as more people returned to in-person work.” —Brian Smith, Washington State Liquor and Cannabis Board spokesperson, via the Seattle Times
Washington collected $509 million in excise revenue for the 2022 fiscal year.
The Washington CannaBusiness Association said the declining sales could be partly due to high taxes on cannabis products — the state holds a 37% excise tax on cannabis sales which, combined with an already high sales tax rate, sees some Washingtonians paying an average of 46.2% in taxes on cannabis purchases, the report said.
Washington’s adult-use cannabis sales are expected to top out this year at between $1.3 and $1.5 billion, according to estimates in the 2022 MJBiz Factbook.
Washington and Colorado were the first two states to formally adopt cannabis legalization policies in 2012 but this year, both states have reported declining cannabis sales. Since those early market launches, 19 states plus Washington D.C. have followed in Washington and Colorado’s footsteps to end cannabis prohibition at the local level but the plant remains federally illegal, complicating the state-legal industries.
LOS ANGELES, California, December 15, 2022 — E1011 Labs, a California-based heat-not-burn innovator, is pleased to announce that Higgs, a California-based premium lifestyle cannabis brand known for its distinctive ‘90s-era branding, has joined the E1011 Labs Pilot Partnership Program (“P3”). P3 allows its members to leverage E1011 Labs’ patented heat-not-burn technology to enhance each member’s diversity in product offerings while establishing combined market share in the heat-not-burn segment.
Higgs is the second member of E1011 Labs’ P3 ecosystem, but is notably the first member from the Cannabis industry, and thus brings an unprecedented strategic strength and potential for this particular partnership.
Higgs’ heat-not-burn offerings will be their second hemp-derived product offering, in addition to their array of cannabis products, most notably their signature pre-roll packs, currently available in select states. Oliver Higgins, founder and CEO of Higgs, stated, “Partnering with E1011 Labs furthers our mission of creating products that are focused on happiness and having a good time with friends and loved ones. Now we are offering even more ways to sit back and let the good times roll.”
The Higgs Lemon Lime stelo™ and Higgs Mixed Berry stelo™ are now available online at www.e1011labs.com and will begin to be available at select retail locations across the United States. On E1011 Labs’ direct-to-consumer platform, customers may also subscribe to the Higgs products and have them delivered on a monthly or bi-monthly basis.
E1011 Labs enters 2023 with excitement and optimism as they continue to evaluate and select key partners to help advance their initiative in the heat-not-burn segment within Hemp and Cannabis. Subscribe to their newsletter at www.e1011labs.com to be in the know about the latest launches and product line developments.
About E1011 Labs
Headquartered in Los Angeles, E1011 Labs embodies the spirit of a modern tech company, while still drawing inspiration from the deep-rooted traditions of the industry. They manufacture and distribute the elon®, a patented, state-of-the-art, heat-not-burn device and premium hemp flower cartridges intended to be used with elon®. On a mission to provide safe, affordable, and convenient access to cannabinoid wellness, E1011 Labs leverages innovative technology and thoughtfully crafted formulations. By entwining ancient holistic traditions with modern innovations, they are at the forefront of revolutionizing the future of cannabinoid consumption while ensuring maximum preservation of the plant’s integrity with minimal waste.
For additional inquiries regarding partnerships contact:
partnerships@e1011labs.com
Senate Majority Leader Chuck Schumer (D-NY) is planning one last-ditch effort to attach cannabis banking reforms to the omnibus funding package, Politico reports.
Democrats sent revisions for the banking reforms to their Republican counterparts on Thursday, addressing some of the concerns raised by Senate Banking Committee Ranking Member Pat Toomey (R-PA) and Judiciary Committee Ranking Member Chuck Grassley (R-IA). But the cannabis banking language must still face its most likely hurdle in Senate Minority Leader Mitch McConnell (R-KY), who has repeatedly derided Democrats’ efforts to attach the reforms to omnibus legislation.
Yet Schumer still intends to push the bill with other legislative leaders on Friday and over the weekend, which likely represents the last opportunity to see cannabis banking reforms approved this Congress, the report said. The proposal enjoys bipartisan support from Schumer and Sens. Steve Daines (R-MT), Jeff Merkley (D-OR), Rand Paul (R-KY), and Dan Sullivan (R-AK).
An effort to attach language from the SAFE Banking Act and two other pieces of cannabis legislation to the annual National Defense Authorization Act earlier this month was squashed by McConnell and other Republicans, and the Minority Leader said at the time he would work to keep similar language out of the omnibus funding bill, as well.
Officials with the Washington Liquor and Cannabis Board (LCB) announced they were suspending the license of Port Angeles-based Dank Incorporated after discovering “serious violations of state cannabis laws,” the agency said Thursday in an email.
Regulators said that after finding both “untagged” cannabis plants and plants whose tracking tags had been used previously — both in violation of state cannabis laws — they seized approximately 5,000 cannabis plants from the Dank Inc. facility.
“Additionally, on or between June 2021 and present, the licensee violated Washington’s ‘true party of interest/financier’ law (WAC 314-55-035) by allowing undisclosed and/or approved persons, affiliated with a criminal enterprise, to control the day-to-day operations, and engaged and/or permitted criminal conduct.” — LCB email announcement excerpt
LCB said violations included issues around traceability, the company’s true party of interest, and criminal conduct including the probable diversion of cannabis into the unregulated marketplace. Officials said that based on the seriousness of the violations and the likelihood the licensee would commit such violations again in the future, it had issued an immediate 180-day emergency suspension of Dank Inc’s cannabis operator license and would seek for the license to be permanently revoked during that timeframe.
Washington regulators have issued similar emergency license suspensions in the past, including in October 2021 when the license of Okanagan-based Emerald Flash was suspended over allegations of cannabis product diversion, misrepresentation, and other concerns.
The co-founders of Bend, Oregon-based cannabis tech company Dutchie — who the company said stepped down earlier this month — have filed a lawsuit in Delaware’s Chancery Court claiming they were wrongfully forced out of the company, Law360 reports.
The suit targets Dutchie’s current Executive Chairman Timothy Barash and the following four board directors: Karan Wadhera, Wilder Ramsey, Gaurav Ahuja, and Thomas Linovitz. The plaintiffs, brothers Ross and Zachary Lipson, claim they were victims of a “blatant ambush” during a November 28 board meeting where the board passed pre-drafted resolutions terminating them both “for cause.” The suit also describes a vote to remove the co-founders from the board, strip them of their key stakeholder status, and amend the company’s voting agreement language to enable Barash to become CEO.
The Lipsons are asking the court to declare that their removal and the board’s actions on November 28 were invalid, that Ross Lipson is still a director and the company’s CEO, and that Zachary Lison is still a director and the company’s chief product officer.
Earlier this month, Dutchie said in a press release announcing the Lipsons’ departure that, “Ross and Zach Lipson have departed the company after a long tenure of driving growth, passion, and innovation in the cannabis industry.”
Dutchie claims to be the largest e-commerce company in the world for dispensaries with services including point-of-sale, e-commerce, payments, and insurance software specialized for the cannabis industry. The company has more than 5,000 dispensary partners and processes in excess of $14 billion in annual cannabis sales, the report said.
Dutchie was founded in 2017 and reportedly held a total valuation of $3.75 billion by the end of 2021.
The latest hemp industry report by ResearchAndMarkets suggests that the global industrial hemp market is expected to grow from $6.8 billion in 2022 to $18.1 billion by 2027, recording a compound annual growth rate of 21.6%, according to a press release.
Growing acceptance of hemp as an agricultural crop was listed as one of the major contributors to the market’s growth, as well as increased awareness of the crop’s nutrient-rich profile and benefits for human health. Hemp is also the most readily available source of legal cannabinoids as many countries allow hemp farming but not the cultivation (or possession/use) of cannabis.
The crop also contains essential fatty acids from hemp seeds and hemp seed oil, which increases its use in the food and beverages industry, pharmaceuticals, and personal care products, the release said. Another hemp industry byproduct includes hemp meal, which is a high-fiber, -fat, and -protein feedstuff used in animal agriculture that could substitute for soybean meal in many livestock diets.
Hurdles for the burgeoning industrial hemp industry include complex regulations that can vary dramatically between nations, as well as ongoing stigmas against hemp for its associations with its psychoactive counterpart, cannabis.
Additionally, the report highlights other challenges which farmers will need to confront, including a lack of suitable seeds for industrial hemp cultivation and a lack of specialized hemp processing facilities and farming equipment.
Welcome to the second installment of our 2023 Cannabis Industry Predictions series! The cannabis, hemp, and psychedelics industries are poised for an incredible 2023 with multiple new markets, exciting inventions, and millions of new consumers looking to partake in the industry.
With this week’s collection of expert input, we prioritized cannabis industry professionals and leaders in the fields of cultivation, agricultural technology, and science. This section will also cover predictions for the burgeoning industrial hemp market, expected trends for psychedelics-based wellness, and other policy developments.
Scroll on to read more, or click here to check out the first installment of our 2023 Cannabis Industry Predictions series.
Cultivation
Photo credit: Sam Gehrke
Jesce Horton – Chief Executive Officer at LOWD “More markets will experience saturation as new licensees become operational and others expand their footprint. Cultivation companies must improve efficiencies in their operations via process and energy improvement measures, and improve quality and consistency to remain competitive.” Visit website
Carlos “Los” Arias – CEO of Green Horizons “Cultivation in 2023 will be driven more than ever by Low COGS and strategic partnerships. Operators that have enacted efficiencies to drive lower COGS and align their plant material to an in-house brand(s), and/or strong off-takes, will be the winners. The inevitable commoditization of raw plant material has arrived and is the new normal. I do think we’ll see an uptick in prices throughout the year, but wholesaling material ad infinitum is not a tenable long-term strategy, particularly in California. Partial integration, with the right execution and strategy, can survive and thrive in any market environment.” Visit website
Agtech
Albert DeChard – Owner of Geomat “I believe the droughts and scarce water conditions many regions are currently facing will only continue to become a more prominent and pressing problem among agricultural industries. More specifically, indoor agriculture is amidst an environmental revolution, meaning it will be of utmost importance to install sustainable practices and efforts that are designed to save wastewater throughout the various roles and uses in cannabis. States and counties will experience more restrictions on water use, and cannabis and agricultural industries will be directly affected and urged to further capture, conserve, recycle, and reuse the precious resource that is water.” Visit website
Brett Stevens – CEO of Fohse “The industry is under a lot of pressure as it continues to develop and become more competitive, so growers are looking for solutions that yield more product while using less energy. Unfortunately, there are a few bad actors – who are overpromising and under-delivering. At Fohse, we have spent years doing R&D focused on innovation and sustainability before taking products to market ensuring the cannabis industry receives the highest quality products it truly deserves. Regarding 2023, we are working even harder to meet and surpass our customers’ demands. Customers want optimal greenhouse application, increased yields and decreasing energy use so the demand for high-wattage lights with high efficacy and low failure rates are in demand.” Visit website
Science
Lo Friesen – Founder and CEO of Heylo Extracts “In 2023, solventless concentrates will remain a coveted premium product. However, I see a bleak future for products in the “Live Resin” category. Because Live Resin is an extract produced from fresh-frozen cannabis flower it has a completely different chemical profile than its cured form. Companies have taken advantage of the fact that there are no agencies monitoring the use of names like “Live Resin”. Consumers are being deceived and lawsuits have already begun. I look forward to consumers becoming more skeptical, putting their money in companies that earn their trust, and demanding better cannabis products.” Visit website
Matthew Noestheden – Market Development Manager for SCIEX “We’ve seen a lot of progress regarding testing standardization in recent years, and I expect that to continue into 2023. There has also been a strong push by organizations like NIST and AOAC International to offer certified reference materials (CRMs) for cannabis and hemp. I hope to see regulators mandate the use of CRMs as they become more broadly available. They are the perfect complement to standardized testing and in tandem they will greatly advance our function in the industry, which is to support consumer safety.” Visit website
Kristen Goedde – Founder and COO of Trichome Analytical “Despite the legalization of hemp cultivation several years ago, cannabis and cannabis-derived ingredients remain unapproved by the FDA for use in food. However, the recent appointment of an experienced cannabis policy expert hints that the FDA may soon finalize regulations for cannabis-derived products. Beyond ensuring the safety and efficacy of cannabinoid-infused products, FDA regulations on cannabinoid hemp products will provide a baseline for future federal high-THC cannabis regulations. I expect to see some form of regulatory framework on the testing, manufacturing, and labeling of cannabinoid hemp products before the end of the year.” Visit website
Josh Rubin – Co-Founder & CEO of Day Three Labs “As we know, questionable additives are making their way into emulsions that are used in everything from gummies to beverages. As the industry matures, we’re seeing more demand for transparency in edibles’ ingredients from consumers and manufacturers as well as greater consumer expectations for a predictable edibles experience. While many cannabis companies will continue to focus on cutting costs in 2023, those with the capacity for R&D and continued investment in innovation will be well positioned for the future of the edibles market which offers a fast-acting, consistent high, with clean and simple ingredients.” Visit website
Photo credit: Sam Gehrke
Katie Stem – President, East Fork Cultivars “We saw up to a 30% increase in non-cannabis materials costs in 2022, and are hoping this trend plateaus. Cannabis pricing decreased, which we expect to continue on a slow downward trend in Oregon. Overall, the market will continue to compress and commoditize because of saturation, MSOs and consolidation. We have taken a proactive approach to these challenges and have chosen to merge with another small, local company, East Fork Cultivars. Together we hope to weather the upcoming economic storm by capitalizing on vertical integration, merged administrative costs, and a more diverse combined leadership team.” Visit website
Dr. Harold Han, Chief Science Officer at Vertosa, Inc. “From 2023 onward, brands will differentiate themselves by creating products with unique formulations backed by science. The use of strain-specific formulas and minor cannabinoids or other complimentary active ingredients supported by scientific data like pharmacokinetic (PK) and pharmacodynamic (PD), will help brands validate the efficacy and distinct experience consumers can expect. This data could allow for verified marketing claims such as ‘fast-acting’ or ‘promotes relaxation’ to build trust with consumers. Budtender education will play a critical role in passing this information to consumers to equip them with the knowledge to make better choices about the cannabis they consume.” Visit website
Micheal Backes, Co-founder and Chief Product Officer at Perfect “2023 will be the year of terpenes and consistency. The cannabis plant is capable of producing an enormous range of flavors and effects beyond boring “cake and pie” strains with ridiculously inflated THC levels. 2023 is the year consumers will seek a consistent terpene high, rather than a dull THC stone.” Visit website
Hemp
Weiwei “Vivian” Fellman – Founder of Kota Botanics “I look forward to 2023 as I anticipate that the CBD industry will continue its steady growth. Besides retail shops like Kota Botanics, we are seeing more and more cannabis dispensaries carrying CBD lines, and it continues to gain acceptance in the natural health and beauty industry. CBD will always have a place in the cannabis industry since not all consumers want the high or euphoria. They want something to manage their pains and stress, and Kota Botanics is proud to be able to provide quality and trusted products.” Visit website
Sergiy Kovalenkov – Founder of Hempire “Hempcrete is on the rise, people demand architects to design homes using sustainable materials because they want to live in healthy houses. USHBA has done an incredible job bringing hempcrete into US building codes and by educating professionals. Now governments across the world need to step in and protect the farmers by subsidizing hemp programs and providing more grant opportunities. As the world is going through major transformations, hemp will play a crucial role in terms of survival of humans without any exaggeration by providing local economy with food, construction materials, energy biomass and clothing. Traditional supply chain doesn’t work, since transport sometimes costs more than hemp inside the container. This is unacceptable! Only local products for local economy.” Visit website
Psychedelics
Matthew X. Lowe Ph.D. – Research Director for Unlimited Sciences
In the coming year, we’ll see initiatives bolster research examining the therapeutic potential of psychedelics in treating a range of mental health conditions, and solidify psychedelic therapy as the next frontier in mental health treatment. However, research continues to be held back by bureaucratic red tape and funding limitations, and widespread efforts to increase profitability in the psychedelics industry will fuel heightened tensions between corporate- and community-based approaches to psychedelic access. We may see widening inequality in the indigenous, traditional and grassroots communities from which plant medicine has originated, and we must seek out approaches that engage with meaningful reciprocity to honor these communities and ensure equal access. Visit website
Ronan Levy – CEO and Chairman of Field Trip Health
“The interest in psychedelics is growing at an undeniable clip. Last year, 7.1 million Americans alone used psychedelics in some capacity. Psychedelics have been described as “the worst kept secret in corporate America”. Everywhere you turn, psychedelics are in the news, on TV or being discussed. The momentum feels palpable.” Visit website
The Source+ will be the first Massachusetts cannabis store to permanently close its doors since the state launched its legal adult-use market in 2018, Marijuana Business Daily reports.
The Northampton–based shop, which is owned by a Las Vegas-based cannabis company and operated by Just Healthy, received its license in 2019 and started sales earlier this year in April. Northampton is reportedly a competitive market for cannabis retailers, with at one point sporting 12 shops despite being a relatively small city with fewer than 30,000 residents.
The closure comes as Massachusetts experiences a sharp decline in legal cannabis prices that has carried on for more than a year, Boston.com reports.
The state hit its lowest prices yet in October at an average of $7.76 per gram of flower, then crawled back up to $8.04 per gram in November. That, however, was still lower than September’s average price per gram of $9.17, which was an all-time low for the state, and the average price per gram in August was ilkewise the state’s all-time low, the report said.
Theory Wellness CEO Brandon Pollock said that the industry’s early days had been marked by high prices due to the slow rollout of licenses, which initially created higher demand at the few shops that were able to open. But Pollock said in the report that the last 12 months have been “drastic” with wholesale market prices “down approximately 50% in one year.”
Joseph Lekach, CEO of cannabis company Apothca, said the primary issue is oversupply:
“There’s an extreme oversupply of flower, edibles, concentrates, vapes, basically any cannabis product.” — Lekach, via Boston.com
Lekach predicted that “a lot of companies” may go out of business next year and into 2024, warning that while consumers may appreciate the lower prices, they will likely note a drop in quality as cannabis operators adjust to the market changes.
“You’re going to have an inferior product coming out,” he told Boston.com. “It’s a double-edged sword.”
Lawyers for the Ontario Securities Commission (OSC) moved this week to withdraw all charges against former CannTrust Holdings Inc. officials Peter Aceto, Eric Paul, and Mark Litwin, according to a CBC report.
“After careful review of the evidence during the trial, we are of the view that as charged, there is no reasonable prospect of conviction.” — OSC attorney Dihim Emami, in a statement
The trial, which began in October, was tied to alleged compliance failures at CannTrust. Regulators suspended CannTrust’s cannabis operations license in 2019 after accusing the company of growing and selling cannabis in unlicensed rooms and failing to maintain proper documentation of its business. Prosecutors charged the company executives with securities offenses related to telling investors that CannTrust’s grow facility was fully prepared and operational.
But during trial testimony, defense attorneys argued that CannTrust’s full greenhouse was in fact licensed. Additionally, per Health Canada regulations outlined in cross-examination by CannTrust’s former director of quality and compliance, there were no restrictions on which rooms CannTrust could use to grow cannabis, undercutting the prosecution’s case, the report said.
Defense attorneys for the embattled cannabis executives have asked prosecutors to go beyond simply dropping the charges and order full acquittals for their clients but Emami asked for additional time to consider the request.
Since the suspension of its license and through the resulting trial, CannTrust — once valued at $1.5 billion through the New York and Toronto stock exchanges — has declared bankruptcy, sold off most of its assets, and changed its name to Phoena Holdings Inc.
New York Gov. Kathy Hochul has signed a bill amending part of New York’s agriculture law to encourage the incorporation of hemp products into various industries such as construction, packaging, and others, Marijuana Moment reports.
Introduced by state Sen. Michelle Hinchey (D), Senate Bill S8496 prioritizes the research, funding, and business development of hemp-based packaging, food, fiber, construction materials, and cannabinoids. Specifically, the bill mandates the New York agriculture commissioner to consult with the New York State Hemp Workgroup and other industry stakeholders in investigating the use of industrial hemp-based products like biodegradable plastics, paper, and hempcrete.
“Hemp is the material of the future, and positioning New York as a leading producer of the world’s industrial hemp supply is a winning strategy for fighting the Climate Crisis, bringing large-scale economic development to New York’s rural communities, and unlocking new revenue sources to put our farmers in a better financial position. I’m proud that my hemp bill has been signed into law, directing our state to seek strategic collaborations to help us usher in a new era of manufacturing power, product creation, and rural economic development around an industry that is nearly untapped around the world.” — Sen. Hinchey, in a press release
The bill had been approved by state lawmakers in May and was signed into law late last month, the report said.
In addition to developing its industrial hemp industry, New York is poised to begin regulated adult-use cannabis sales after licensing the state’s first 36 cannabis retailers last month.
Editor’s note: This editorial was contributed by Johnny Green, Media and Content Director for the International Cannabis Business Conference.
The legal cannabis industry is rapidly becoming a global juggernaut and as anyone that has paid attention in 2022 will be quick to point out, the legal international industry is barely scraping the surface of its overall potential. It’s likely that 2023 will yield more of that potential being tapped, yet to what degree is open to debate.
As it stands right now there are three countries that have passed adult-use legalization measures. Uruguay was the first back in 2013, Canada followed in 2018, and in late 2021, Malta became the first country in Europe to pass a nationwide legalization bill. Multiple countries also had legal decisions previously rendered by their top courts regarding the unconstitutional nature of cannabis prohibition, such as South Africa, Italy, and Mexico. Legalization efforts are taking longer than expected in those jurisdictions, however, eventually sensible cannabis policy will win out.
Will any country legalize cannabis in 2023?
Going into 2023, there is an enormous ‘cannabis policy elephant’ in every room around the globe where legalization discussions are being held. I am talking about Germany, of course, and no 2023 cannabis policy speculation is complete without first touching on what is happening within Germany’s borders.
In late 2023, following the International Cannabis Business Conference (ICBC) where representatives from all of Germany’s major political parties held historic cannabis policy discussions, a federal election was held and a new governing coalition was elected. The new governing coalition, often referred to as the ‘Traffic Light Coalition,’ wasted no time in indicating its intent to pass an adult-use legalization measure and to launch a regulated adult-use industry.
Currently, Germany’s Health Minister is making the case for German legalization at the European Union level. In an ideal scenario, the European Union would give its blessing to Germany’s legalization plan, which involves producing all cannabis domestically for an adult-use market and allowing adult households to cultivate up to three plants.
Gaining approval from the European Union (EU) would likely preemptively thwart any legal challenges from other EU member nations. What happens with Germany and the EU will largely dictate what happens around the globe in 2023, whether cannabis supporters around the world realize it or not, and it will surely dictate what happens throughout the rest of Europe. According to the latest reports out of Germany, a legalization measure is expected to be formally introduced in 2023, and it could open the floodgates to similar measures being introduced in other parts of Europe and beyond.
Evolving markets
As global cannabis observers continue to hold their collective breath and monitor the political saga in Germany, other regulated markets will continue to evolve. One market that is particularly noteworthy is Malta, where regulators are expected to start accepting non-profit cannabis club applications in February 2023.
Cannabis clubs already exist in Canada and Uruguay but a successful launch of the regulated club model in Malta could prove to be very significant for similar efforts elsewhere in Europe. Spain, for instance, is home to hundreds of unregulated cannabis clubs and activists have tried for years to get them officially recognized by Spain’s government, to no avail. The only exception is Barcelona where local lawmakers passed a cannabis club measure, although the measure would later be voided by a court decision. If Malta succeeds, it could provide a blueprint for other regions.
Meanwhile, changes are coming to Uruguay’s cannabis legalization model in 2023, proving that cannabis policies are still evolving in the world’s oldest legal, nationwide adult-use cannabis market. Uruguay initially passed its legalization measure in 2013 with regulated sales through pharmacies starting in 2017. Since the start of sales, consumers have had only two options of low-THC cannabis to purchase. A flower option with a higher level of THC content is coming to pharmacies in Uruguay this mont, and a fourth option is expected in late 2023.
Canada, which is home to what is often described as ‘the largest cannabis policy experiment on earth,’ will continue to see its cannabis industry evolve, with its grip on direct international cannabis exports continuing to wane to some degree. Many of the countries that Canadian companies were historically exporting medical cannabis to are ramping up their own domestic production, often with involvement from Canadian companies in some manner.
I expect legalization to continue to spread at the local level in the United States and Mexico in 2023, with national reform likely remaining elusive due to ongoing federal political hurdles in both countries throughout the year. The African and Oceania continents will experience significant growth in 2023 in medical markets that are currently established. Unfortunately, cannabis policy on the Asian continent will likely continue to be the worst on the planet, except for Thailand.
A momentum-building year
The emerging legal cannabis industry will continue to thrive in 2023. Statistical records will continue to be broken at the macro level, and that is a trend that will presumably continue well into the future until most countries have passed legalization measures and launched their own regulated industries.
With that being said, unless Germany passes a legalization measure in 2023, it’s likely that no other country will do so in the calendar year. I expect 2023 to be a historic year for cannabis policy but it will be more so on the introduction side of the equation versus the finalization side.
Even if Germany gets a legalization measure to the finish line in 2023 — which I am certainly hoping for — other countries will likely take longer to finalize their own measures, as Germany started its process earlier. Furthermore, actual legal sales of adult-use products in Germany in that scenario would likely not start until 2024, if only because Germany’s current legalization model involves cultivating all market cannabis domestically, and that is not going to happen overnight.
In my opinion, 2023 is going to be the calm before the storm at the global level for cannabis in many ways. It will be the year that we see more cracks starting to leak in the metaphorical dam that is prohibition, prior to it bursting wide open in 2024. As such, innovators, inventors, entrepreneurs, investors, and industry service providers would be wise to position themselves in a way that ensures they can take full advantage of the winds of change that are gaining speed with each passing year. A great way to do exactly that is to join me in June 2023 in Germany at the ICBC, where cannabis industry and political leaders from around the world will once again be converging in Berlin.
