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New Jersey moves intoxicating hemp goods into marijuana regulatory scheme

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New Jersey Gov. Phil Murphy on Thursday signed into law a new bill that forces intoxicating hemp goods into the same regulatory system under which state-legal marijuana companies labor, and also requires retailers to cease selling all such hemp goods until they’ve received formal approval from marijuana officials.

Now, the New Jersey Cannabis Regulatory Commission (CRC) will have full purview over intoxicating hemp goods that have proliferated nationally in the wake of the 2018 Farm Bill, the Asbury Park Press reported. That will include drafting new rules and regulations, such as product safety testing and labeling, for hemp companies that want to continue manufacturing intoxicating goods.

But for now, any and all retailers selling such hemp products – ranging from gas stations to convenience stores and liquor stores – have to yank them off their shelves within 30 days, according to the Asbury Park Press. That product moratorium will last at least 180 days, at which point the commission is mandated to have the new hemp rules finished.

Once specific products gain approval from the commission, however, only licensed cannabis dispensaries will be permitted to sell them, meaning intoxicating hemp products are now permanently off-limits for most mainstream retailers. And they’ll only be available to consumers 21 years old or over.

In a signing statement, Murphy said that the “status quo is untenable, and this bill will put an end to it.”

But Murphy also criticized the bill for not going far enough, and noted that political concessions were granted to alcohol distributors, who will be allowed to sell intoxicating hemp products at the wholesale level, though not directly to consumers. He also said the bill leaves the CRC potentially without the necessary resources to implement an effective and responsible hemp regulatory system.

Murphy also said there were still “significant questions” about how the new state law would square with federal hemp laws and definitions, and said “clarifying legislation” will likely be necessary in the near future from the state capitol.

“Unlike many issues, the status quo poses an immediate risk to health and safety, as these unregulated intoxicating hemp products are widely available to minors,” Murphy said. “Because the bill would address this present danger, I have concluded that the wiser course is to sign the bill now and commit to working with the Legislature to address the technical issues and other challenges in separate legislation.”

Philip Petracca, owner of hemp company Bella Ray Beverage, said the new bill is “devastating” to his business and similar hemp ventures, and told the Asbury Park Press he’s invested more than $1.5 million into the business.

“Everybody is on board with taking the unregulated, untested synthetic THC products off the market. But that’s not what they did,” Petracca told the Asbury Park Press. “What they did was kill the hemp industry.”

The move makes New Jersey only the latest state to take such steps in the wake of the booming hemp trade. The governor of California also recently issued a similar emergency rule order to address intoxicating hemp products, and hemp companies have even sued the state of Missouri in an attempt at overturning a similar ban.



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High Tide fine-tunes playbook as Canadian cannabis rivals struggle

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Calgary-based High Tide Inc. (Nasdaq: HITI) (TXSV: HITI) continues to grow its store count alongside its balance sheet, all while some of its largest competitors file for bankruptcy or shutter locations amid industry headwinds.

On an earnings call Monday, High Tide CEO Raj Grover said the company has opened 21 new stores so far this year and expects to reach the upper end of its guidance for 20-30 new locations in 2024. That  optimism comes as major rivals like Tokyo Smoke and Fire & Flower have filed for creditor protection or closed numerous stores.

“We found our secret mantra of growing organically,” Grover told analysts.

The expansion comes as High Tide reported reaching 12% market share in the provinces where it operates, up from 10% a year ago.

Meanwhile, Tokyo Smoke recently announced plans to close 29 of its roughly 100 stores after filing for creditor protection. Fire & Flower shuttered over 60 locations this year as part of restructuring efforts.

“Fire & Flower, Kiaro, Trees, Tokyo Smoke — I can keep going … ShinyBud,” he said. “There (are) endless companies that have gone bankrupt.”

Grover attributed some competitors’ struggles to poor real estate decisions and unfavorable lease terms, in addition to “how they’ve managed their operating expenses.”

“But again, let me remind everyone listening on this call that these companies are not going bankrupt because they’ve done a great job on site selection criteria and the size of these units and the rental rates that they’re paying,” he said.

He noted that High Tide spends just $260,000 to build out new locations plus about $100,000 for inventory and working capital. That allows the company to “cherry pick” prime locations and achieve “better, higher quality growth” compared to acquisitions.

He pointed out examples of rivals leasing oversized stores at inflated rates.

“I look at a lot of these stores with our real estate team, and I’m shocked sometimes to see a 3,000, 4,000, 5,000-square-foot store in Canada pop up,” he said. “Who’s going to take that at $100 a square foot, even if it’s in the best location ever?”

High Tide’s adopted a more disciplined approach, targeting smaller (typically around 1,500 square foot) locations with favorable rents.

“We like quality locations, we like square footages that we can live with, and we like rental rates that can stand the test of time, which is an opportunity for the landlord and the tenant and not one directional,” Grover said.

That strategy has allowed the company to generate positive free cash flow for five straight quarters even while expanding its store count to 183 locations.

That’s not to say that High Tide won’t make acquisitions; it’s just very selective and deliberate in  its consideration of struggling competitors’ locations.

“As much as we are in these portfolios, the opportunities are thin because we don’t want to get a 3,000- to 4,000-square-foot store paying $80, $90 a square foot,” Grover said. “It defeats the purpose of just making an announcement that we took over 10 Tokyo Smoke stores. I’m not taking over that pain and bringing it over to High Tide.”

He added: “A lot of these leases were signed when legalization took place in 2018 or even prior in some cases, and those groups are licking their wounds. It’s not a good place to be in.”

Still, execs cited a resurgence of illicit cannabis stores that are adding pressure on legal sales in some markets. Grover said there are an estimated 200 illegal shops that have opened across Canada since the start of 2024.

“We have to hold the line on the illicit market,” he said, noting High Tide had to cut margins by 5-7% in Regina, Saskatchewan, after several unlicensed stores opened nearby. The company is pushing governments to step up enforcement efforts.



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New Cannabis Legalization Introduced To PA Legislature – Cannabis Business Executive

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Eye in the Sky: Neatleaf is Watching Your Plants – Cannabis Business Executive

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