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DEA rescheduling hearing gets pushed back over witness list

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A hearing including the testimony of witnesses won’t happen until January or February 2025.

The much-anticipated hearing for the rescheduling of cannabis has been delayed after the Chief Administrative Law Judge (ALJ) John Mulrooney issued a preliminary order on Thursday finding fault with the Drug Enforcement Administration’s (DEA) list of witnesses.

First reported by Marijuana Moment, Mulrooney noted that the DEA sent a poorly prepared list of witnesses approved to speak at the Dec. 2 hearing. The order said that the list the DEA provided only listed the people and organizations approved with one or two email addresses attached. The list did not come with addresses or phone numbers and also didn’t state whether the interested party would be adversely affected or aggrieved by the proposed regulation change.

As the record currently stands, although the Agency has fixed a December 2, 2024 hearing date, there is no way to discern from the present record which DP’s (designated participant) support or oppose the NPRM (notice of proposed rulemaking). To effectively preside over this hearing additional information must be furnished to the tribunal forthwith.

The hearing in December will still take place; however, no testimony or evidence will be presented at the hearing. According to the order, the next date could potentially happen in January or February 2025.

The order included a letter from the DEA’s Anne Milgram listing her approved list of witnesses:

  • Village Farms International (VFF), Shane Pennington of Porter Wright
  • National Cannabis Association (NCIA) Aaron Smith and Michelle Rutter Friberg
  • American Academy of Hospice and Palliative Care, Dr. Chad Kollas MD
  • Cannabis Bioscience International Holdings, John Jones
  • Hemp for Victory
  • State of Connecticut Cannabis Ombudsman Erin Kirk
  • Massachusetts Cannabis Advisory Board, Ellen Brown
  • Veterans Initiative 22, Shanetha Garulay
  • The Doc App, dba My Florida Green, Nicholas Garulay, Jason Castro
  • The Commonwealth Project, Katy Green
  • Saint Michael’s College, Ari Kirshenbaum PhD
  • National Drug and Alcohol Screening Association, Jo McGuire
  • Smart Approaches to Marijuana, Patrick Philbin
  • International Academy on the Science and Impact of Cannabis, Roneet Lev
  • Cannabis Industry Victims Educating Litigators, David Evans Sr.
  • Kenneth Finn MD
  • National Transportation Safety Board, Jennifer Homendy
  • Phillip Drum, Pharm D
  • State of Nebraska, Attorney General Mike Hilgers
  • International Association of Chiefs of Police
  • Drug Enforcement Association of Federal Narcotics Agents
  • American College of Occupational and Environmental Medicine, Natalie Hartenbaum
  • Community Anti-Drug Coalitions of America, Sue Thau
  • Tennessee Bureau of Investigations
  • National Sheriff’s Association

The participants were told that they needed to provide additional information by Nov. 12 including their names, addresses, phone numbers and the general mission of their practice or business.

Paul Armentano, deputy director for NORML, told Marijuana Moment that “it’s always been a possibility that this process could drag out longer than many either anticipated or would like. The administrative process is cumbersome and, as we have seen historically, administrative challenges to marijuana’s Schedule I status take years to resolve. That said, unlike in the past, it is our political opponents who are presented with the burden of arguing against the findings of both HHS and the FDA—which have determined that cannabis does not meet the scientific criteria of either a Schedule I or Schedule II controlled substance.”

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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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