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New York cannabis regulator barred from processing retail applications

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A New York state judge on Thursday blocked cannabis regulators from reviewing retail license applications submitted by prospective social-equity marijuana sellers who hadn’t secured store locations before November 2023, dealing another setback to the state’s rocky rollout of its adult-use market.

New York Supreme Court Justice Sharon A. Graff granted a preliminary injunction that affects hundreds of conditional adult-use retail dispensary (CAURD) applications and other provisional license seekers, according to court documents first obtained by Law360.

The ruling stems from a May petition filed by four companies – Organic Blooms LLC, Niagra Nugget LLC, Blackmark LLC and Windward Management LLC – who argued the New York State Office of Cannabis Management exceeded its authority by waiving key requirements for early applicants.

At the crux of the dispute is whether regulators could allow CAURD applicants to submit applications without first securing retail locations and notifying local municipalities – requirements explicitly mandated by the state’s 2021 marijuana law for all cannabis retail license applicants.

“The petition and supporting papers adequately asserts that the secured location and Municipal Notice Requirements are mandatory pre-requisites to filing an application,” Justice Graff wrote in her 14-page decision.

The court also found regulators likely violated state law by opening CAURD applications roughly a year before other social equity applicants could apply, despite statutory language requiring the initial application period “be opened for all applicants at the same time.”

State officials had argued in June that granting an injunction would be “financially ruinous” to hundreds of applicants and cause “widespread, and wholly unjustified, disruption” to New York’s emerging cannabis market. The ruling particularly impacts about 340 pending CAURD applications, the court noted.

Thomas G. Spanos, attorney for the petitioners, called the decision “a victory for all retail dispensary applicants who have been paying bills for locations for over a year,” according to Law360.

Pushing pressure

The injunction marks the latest obstacle for New York’s cannabis market, which has struggled with a slow licensing rollout and saturation due to widespread unlicensed operators. Of approximately 1,799 retail applications filed during last November’s window and another 3,789 in December for dispensaries, many remain unprocessed, according to officials earlier this week.

About 261 recreational shops are currently operating statewide, up from just 40 in December 2023. More than 5,000 total cannabis business applications from last December’s licensing window remain under review, including for retailers, growers and other license types. Many applicants voiced frustration at the Cannabis Control Board meeting on Tuesday over prolonged waiting periods while paying thousands in monthly rent for secured locations.

The average monthly revenue per dispensary has declined from about $900,000 to $450,000 as competition increases, with about 60% of stores tracking below $1 million in annual revenue, according to John Kagia, OCM’s policy director said at the meeting.

“This market is going to get increasingly competitive as we open more doors,” Kagia told the board.

The ruling specifically highlights how proximity restrictions are complicating the licensing process. Cannabis regulations prohibit dispensaries from operating within 1,000 feet of each other in cities with populations over 20,000, or within 2,000 feet in smaller municipalities, absent a waiver.

One petitioner, Blackmark LLC, already lost proximity protection to a CAURD applicant who secured a location after receiving provisional approval, the court noted. Such scenarios create a catch-22 where applicants must maintain costly retail leases without guarantee of approval while potentially losing location rights to later applicants.

“The irreparable nature of this harm exacerbates the loss market share/first mover advantage petitioners face as a result of respondents’ actions,” Justice Graff wrote.

The case also follows a May 2024 state audit ordered by Gov. Kathy Hochul that identified similar concerns about location conflicts in the application process, according to court filings.

The ruling allows regulators to continue processing applications from November window applicants who had secured locations and completed municipal notifications before the deadline, potentially providing some movement in the market while the broader legal issues are resolved.

A scheduling conference is set for December 18 to determine next steps in the litigation.

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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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