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Village Farms, veterans group challenge DEA’s role in cannabis rescheduling

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A new lawsuit seeks to remove the U.S. Drug Enforcement Administration from its role in upcoming hearings on cannabis rescheduling, claiming a pattern of resistance and improper communications by the agency throughout the process.

Village Farms International (NASDAQ: VFF) and veterans advocacy organization Hemp for Victory filed a joint motion this week seeking to replace the DEA with the Department of Justice as the proponent of a rule moving cannabis to Schedule III ahead of first hearings next month.

The dispute traces back to President Joe Biden’s October 2022 directive to review marijuana’s Schedule I status. When the Department of Health and Human Services recommended moving cannabis to Schedule III in August 2023, it marked a potentially watershed moment for federal drug policy. But the DEA’s response would prove controversial.

“Not once in its history as an agency had DEA ever rejected an HHS scheduling recommendation,” according to the Monday suit, though in that instance, “(the) DEA did not just disagree with HHS’s views, it opposed them so vehemently that the Attorney General had to refer the interagency dispute to the Office of Legal Counsel for resolution.”

Not only that, but when the Department of Justice formally proposed rescheduling in May, Attorney General Merrick Garland – not DEA Administrator Anne Milgram – signed the notice, breaking with decades of precedent.

In the 26-page motion, prominent cannabis attorney Shane Pennington on behalf of the group alleges that the DEA’s apparent opposition became more visible through social media posts by Smart Approaches to Marijuana (SAM), an antilegalization group. SAM president Kevin Sabet claimed in May to have “confidential sources inside DEA” discussing the agency’s resistance. By June, SAM Executive Vice President Luke Niforatos was telling supporters that DEA’s approach provided a “roadmap for how to rebut their own Proposed Rule.”

The new joint motion argues such communications could violate administrative procedure rules requiring disclosure.

The motion also argues that the DEA has “stacked the deck” against rescheduling efforts by selecting 25 witnesses for the hearings without explaining criteria, the filing states. While a DEA hearing was initially set for Dec. 2, Administrative Law Judge John J. Mulrooney II at the top of the month delayed witness testimony until early 2025.

A report in The Washington Post noted that Mulrooney already signaled potential skepticism toward challenges to DEA’s authority, saying that such petitions “add nothing” and present “little more than an ad hominem distraction.”

Mulrooney previously denied the Veteran’s Action Council’s request to participate, Law360 reported last week. The group advocates for Schedule V placement or complete descheduling to enable Veterans Affairs doctors to prescribe cannabis.

Village Farms CEO Michael DeGiglio said in a statement that the current restrictions create “near-insurmountable barriers” to clinical research.

Adding to the uncertainty,  former President Donald Trump will step back into the office in January. His attorney general nominee, Matt Gaetz, previously backed efforts to expand banking access for cannabis companies and supported Democrat-sponsored legalization bills. However, Gaetz faces an uncertain confirmation process due to being widely unpopular among his peers on the Hill, as well as allegations of trafficking at least one underaged teen during his time in office.

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Cannabis companies, big and small, collapsed in 2024

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As 2024 winds to a close, the year may well be remembered as one in which the U.S. marijuana industry got a serious wakeup call, with several big-name companies flaming out in spectacular fashion, while plenty of smaller operators also quietly closed up shop.

Even as more state marijuana markets continued their new rollouts – from New York to Ohio to Missouri – the sun set for the last time on several big marijuana names, including MedMen Enterprises, High Times, StateHouse Holdings and Slang Worldwide, all of which just a few years ago seemed poised to become national cannabis brands with impressive portfolios.

Instead, this year the bill came due for a lot of the industry. A few big-name cannabis failures kicked off the reckoning in 2023, such as the major distributor Herbl in California, which had such a web of connections and so much outstanding debt that its ripple effects went on for months. And when those bills arrived, a number of cannabis companies found they were unable to pay.

However, the big players were far from the only casualties this past year; there were also plenty of smaller businesses that went bankrupt or into court-appointed receiverships for various reasons, including Unrivaled Brands, Irwin Naturals, Delta 9 Cannabis and Revolutionary Clinics.

But it wasn’t all bad news for the industry. It’s also worth highlighting the high-profile turnaround of California-based cannabis delivery operator Eaze, which took a wealthy patron to save the business from its troubles.

Eaze even told shareholders in the fall that it was prepping to lay off all employees and close down by the end of the year, before its new owner, billionaire James Henry Clark, resuscitated the company with $10 million of his own money in November after buying the business at auction in August.

Here’s a rundown of some of the high-profile cannabis collapses of 2024 and how they went bust.

MedMen Enterprises

MedMen was by far the highest-profile washout of the year. Originally a darling of the California medical marijuana boom prior to going public in 2018 (CSE: MMEN), the former unicorn formally filed for bankruptcy in Canada and a court-appointed receiver in the U.S. in April, after the company ran up nearly $600 million in debts during a multiyear expansion push that ultimately proved fatal.

Warning signs existed for years before MedMen’s collapse. Founding CEO Adam Bierman suddenly relinquished control of the struggling business in 2020, amid mass layoffs at the multistate operator and ongoing sale of assets in a desperate attempt to right the financial ship. Co-founder Andrew Modlin also resigned at the time.

Even so, four years of a revolving C-suite and new corporate strategies came to naught, and MedMen’s former national empire – which spanned seven states and more than two dozen retail dispensaries – has been resigned to the auction block.

High Times

High Times’ foray into the actual marijuana plant-touching business came to a ruinous conclusion this year when its assets went up for auction after it couldn’t repay a $29 million loan.

The original stoner magazine, which dates back to 1974, pivoted from cannabis media directly into selling marijuana in 2020 with the purchase of 10 California dispensaries from Harvest Health and Recreation for $80 million in a combination cash-and-stock deal.

The parent company, Hightimes Holding Corp., never truly found its footing in the tough California market and endured critical press for years as it struggled. Hightimes Holding Corp. tried to go public in 2023 via a complex intellectual property deal with Lucy Scientific (Nasdaq: LSDI), but that fell apart after a lawsuit from U.S. securities regulators alleged fraud and illegal stock promotion by CEO Adam Levin, which resulted in a settlement of more than $500,000.

High Times was ultimately forced to begin selling off dispensaries and assets this year to settle a $29 million debt to ExWorks, under the management of a court-appointed receiver.

StateHouse Holdings

Originally known as Harborside – a major part of cannabis activism in Northern California during the height of dispensary raids in the Bush and Obama years – StateHouse earlier this year was relegated to bankruptcy in Canada and a court-appointed receiver in the U.S., driven by a lawsuit over $116 million in debt owed to one of its creditors.

Harborside was rebranded as StateHouse in 2022, three years after it was taken public in 2019 by brothers Steve and Andrew DeAngelo, who said later they were forced out by what they described as a hostile takeover. After the DeAngelos were removed, new company leadership went on an acquisition spree, purchasing three companies in the span of a year and rebranding in a bid to become a more powerful overall California brand.

But the move backfired, and it proved too much too quick. StateHouse found itself unable to repay loans from creditor Pelorus Fund, and Pelorus filed suit in September to force StateHouse’s hand.

StateHouse has since been put up for sale, and the receiver in charge is taking bids for assets until Jan. 15, 2025.

Slang Worldwide

At its height, Toronto-based Slang Worldwide distributed cannabis goods to 2,600 dispensaries in 15 states. But in November, the company declared bankruptcy in Canada and entered a receivership in the U.S., after seven years in the marijuana trade, and reported pared-down operations in only Colorado and Vermont.

Slang drew far less media attention than MedMen and High Times, and its quiet path to insolvency arguably more reflects the broader troubles of the U.S. and Canadian cannabis industries in general. After ambitious expansion for several years, Slang was forced to pull out of several key markets, including California, Oklahoma and Oregon, in 2023 as conditions worsened for it and other operators.

More trouble appeared on the horizon as recently as fall 2023, when Slang essentially put itself up for sale when it retained PGP Capital Advisors to evaluate its options.

The bottom line was the company didn’t have $17 million with which to repay creditors when at least one loan comes due in 2025. Slang formally entered bankruptcy in Canada on Nov. 26, according to receiver B. Riley Farber’s website, and a meeting of creditors was scheduled for Monday this week.

In a trustee report, Farber wrote that Slang had just $107,325 in total assets, including $52,529 in cash, against $27.2 million in debts to various creditors.



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Appeals court ruling deals blow to Cannabis Commission – Cannabis Business Executive

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Virginia lawmakers renew push for legal cannabis marketplace – Cannabis Business Executive

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