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Kentucky governor defends out-of-state dominance during medical cannabis licensing lottery

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Kentucky awarded another batch of medical cannabis dispensary licenses Monday through a lottery drawing, during which Gov. Andy Beshear defended the process against criticism that out-of-state companies have dominated the new program.

The state selected 12 dispensary operators for the Louisville and Lexington regions during a televised lottery at the Kentucky Lottery Corp. headquarters.

“This is a major step forward to ensuring that Kentuckians that are out there that are suffering have access to safe and affordable treatment,” Beshear said during the lottery announcement.

In the Bluegrass region surrounding Lexington, Kentucky Ventures LLC won a license for Franklin County, while Gary Court and Roger Hugindi K secured permits for Madison County locations, though only one can ultimately operate there under state rules that limit dispensaries to one per county. Thrive Blue LLC won approval for Scott County.

For Lexington proper, DHK KYLLC and Zinleaf received the two allocated Fayette County licenses. In the Louisville area, three companies – DNP Dhky LLC, Kentucky Pristine Vistas LLC, and Pinnacle Path LLC – initially were selected for Bullitt County, but two must relocate due to the restriction.DJS KYLLC won approval for Shelby County, while Chung Woo Kim LLC and Upward Innovations secured the two Jefferson County permits.

The selections came from a pool of 1,235 applications for these regions, with about 81% qualifying for the lottery after review, according to Sam Flynn, executive director of the Office of Medical Cannabis. Winners have 15 days to pay licensing fees or forfeit their permits.

The lottery system has drawn scrutiny after previous rounds resulted in most of the available licenses going to out-of-state interests. For example, of the 36 dispensary licenses awarded in earlier lotteries, only one went to a business comprised solely of Kentucky residents, according to a Kentucky Public Radio analysis.

When pressed about companies potentially circumventing regulations through multiple applications, Beshear maintained that all licensees met the predetermined rules.

“If we change the rules late in the game, then you get the lawsuits to delay and the patients don’t get the product that they need,” he said during Monday’s press conference.

Concerns were also raised about application “stacking” by well-funded operators. One Arkansas-based company, Dark Horse Cannabis, organized approximately 350 businesses that submitted more than 100 applications at costs ranging from $3,000 to $30,000 each, which resulted in it winning several licenses across different categories, according to KPR.

The governor defended the approach, pointing to at least one state enjoined from proceeding for over two years. He suggested Kentucky hemp farmers who were shut out of cultivation licenses despite their agricultural experience could participate when the program expands.

Kentucky’s medical cannabis program launches Jan. 1, when patients with qualifying conditions such as chronic pain, cancer, PTSD and multiple sclerosis can begin applying for cards. Health care practitioners have already written more than 1,500 certifications since Dec. 1, according to Flynn.

While Beshear expressed optimism about product availability in early 2025, he said that safety would take precedence over speed.

“Our commitment was to do this safely and to set up a system that will operate safely,” he said. “We’re just making sure we get it right and that each and every one of these facilities, when they open, is legitimate.”

The state will also launch a dedicated call center on Jan. 1 to guide patients through the application process.

“We’ll walk them through the process from beginning to end on how to become a medical cannabis cardholder in Kentucky,” Flynn said.

The governor also addressed broader questions about market dynamics and ownership restrictions. When asked about companies marketing their management service agreements to investors, Beshear acknowledged the practice while pointing to regulatory oversight.

“These are now a Kentucky company that has to operate here. Their employees are going to be here. Their cultivation is going to be here. The dispensaries are going to be here. The processing is going to be here,” Beshear said.

Questions about potential ownership changes after licensing also persisted. State regulations allow license transfers with regulatory approval, which Beshear said was intentional: “I believe that there are legal means to ultimately change the ownership. Again, that was within the law and within the regulations ahead of time.”



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Massachusetts regulators order single-lab testing to combat cannabis lab shopping

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Massachusetts regulators will require cannabis businesses to use a single laboratory for all compliance testing in an effort to prevent companies from shopping around for favorable test results.

The state’s Cannabis Control Commission voted 3-0 to require licensed businesses submit testing samples to one independent laboratory starting April 1, 2025, according to an administrative order advanced Thursday. The new rule is meant to close loopholes that some say have allowed companies to shop around for labs to juice their numbers for market share.

“This administrative order continues our mission of being a strong regulator,” Acting Executive Director Debbie Hilton-Creek said in a statement.

Under current rules, companies can split testing among multiple labs. The practice has led some facilities to report suspiciously high THC levels or overlook contamination to attract business.

The commission’s enforcement team said the changes would reduce risks of noncompliant products reaching consumers and improve audit capabilities. The move follows a November listening session in which testing concerns were raised, according to the announcement.

If an original testing lab needs to subcontract work, they must first obtain commission approval and demonstrate they are “incapable of performing certain required tests due to a hardship.” Labs also can only subcontract with one other facility at a time.

“The commission shall only approve subcontracting agreements when the Originating Independent Testing Laboratory is incapable of performing certain required tests due to a hardship relative to its facilities, instrumentation, personnel, or required consumable materials or in the event of an actual or potential conflict of interest,” according to the order.

Results must be uploaded to the state’s tracking system within 72 hours, with all certificates of analysis containing the complete testing results, including any subcontracted work, it said.

The commission will also begin publishing THC test results on its public data platform and establishing regular meetings with licensed laboratories to improve oversight.

The commission thus far has struggled to implement effective testing oversight. Earlier this year, the agency contracted with a private lab for a “secret shopper” program to verify retail products’ test results, Green Market Report previously reported. Unlike other major cannabis markets such as California and Colorado, Massachusetts lacks a state reference lab to independently verify commercial lab results.

Analysis of testing data by MCR Labs found that across multiple states, laboratories reporting higher THC concentrations tend to increase their market share while those reporting average failure rates lose business, according to Chemical & Engineering News.



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Cansortium completes merger with RIV Capital, plans to scale up in New York

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Florida-based Cansortium (CSE: TIUM.U) (OTCQB: CNTMF), which does business as Fluent, has finalized its megamerger with New York-based RIV Capital, (CSE: RIV) (OTC: CNPOF), creating a new multistate operator that has a footprint in four states with 42 operational dispensaries.

The move gives Cansortium immediate access to New York, one of the fastest-growing legal marijuana markets in the nation, along with its existing portfolio of cannabis shops and grows in its home state, Pennsylvania and Texas. The company now owns eight total cultivation and processing facilities, which it said in a press release would allow it to bolster the Fluent brand even more going forward.

The company reportedly has $33 million in the bank with which to finance further acquisitions, it said in a Thursday announcement.

Another major winner in the deal is Scotts Miracle-Gro, which has a sizable stake in RIV Capital through its subsidiary The Hawthorne Collective. Existing shares will be converted into 1.245 shares of the newly formed Fluent, eliminating $160 million in company debt.

Shareholders of Cansortium will own 51.25% of the new Fluent, while shareholders of RIV Capital will own 48.75%, the company said. The company will continue trading under Cansortium’s existing ticker symbols on the Canadian Securities Exchange and the Over-The-Counter markets.

Cansortium CEO Robert Beasley will continue to lead the new company, and RIV Capital interim CEO David Vautrin will serve as the new company’s chief commercial officer.

Beasley said in the release that Fluent intends to scale up wholesale operations in New York to boost its Moods brand of marijuana products and “gain additional shelf space in dispensaries across the state,” which he said has “immense potential.”

The merger could prove key to the long-term prospects for both Cansortium and RIV Capital. Cansortium posted an $11.7 million net loss for the third quarter of 2024, and RIV Capital reported a $63.4 million net loss for the same period.

“Looking ahead, we remain focused on sustainable, long-term growth and will continue to drive efficiencies across all areas of the business to achieve our profitability and cash generation goals,” Beasley said.



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The Daily Hit: December 19, 2024

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News from: US Farm Bill, Fluent Cannabis, Massachusetts and more.

The Daily Hit is a recap of the top financial news stories for Thursday, December 19, 2024.

On the Site

Farm Bill extension leaves hemp industry rules intact for now, including intoxicating products

The farm bill extension would run through March 2025.

Read more here.

Cansortium completes merger with RIV Capital, plans to scale up in New York

Scotts Miracle-Gro, which is a major investor in RIV, also benefits from the deal.

Read more here.

Massachusetts regulators order single-lab testing to combat cannabis lab shopping

The rule change follows growing evidence of inconsistent testing practices in the state’s $7 billion cannabis industry.

Read more here.

Nine New York social equity retailers ask to join lawsuit halting cannabis licensing for 3rd time

A court filing argued that the group of CAURDs are in danger of bankruptcy if the injunction is not removed soon.

Read more here.

In Other News

Greenway Greenhouse Cannabis Corp.

Greenway Greenhouse Cannabis Corp. entered into an asset purchase agreement to acquire all of Choice Growers’ consumer packaged goods brands, SKUs and listings of the brands, trademarks, goodwill and other associated intellectual property. This acquisition encompasses all of Choice Growers’ brands, including Grapefruit God Bud (also known as Grape God), The Jeffrey, Watermelon Pebbles, Pink Lemonade, Duke Nukem, Tangerine Dream and Blackberry Cheesecake.

Read more here.

Innocan Pharma Corp.

Innocan Pharma Corp. intends to complete a non-brokered private placement of up to 3.5 million units of the company at a price of C$0.20 per unit for gross proceeds up to C$700,000 plus 15% overallotment options. The offering is expected to close on or around Dec. 31.

Read more here.



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