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New York regulators add more permits, get another earful from licensees ‘hemorrhaging’ money

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New York marijuana regulators on Tuesday approved 86 more recreational cannabis business permits, bringing the total number of licenses awarded so far this year to 841 and roughly 1,600 since licensing began two years ago.

The state Cannabis Control Board unanimously signed off on the new group of permits, which included:

  • 22 retailers
  • 16 microbusinesses
  • 19 cultivators
  • 11 distributors
  • 18 processors

Regulators also signed off on another 15 provisional licenses for retailers.

State-legal marijuana sales have neared the half-billion-dollar mark since the market launched in December 2022, with $493 million in all-time sales as of July 24, Office of Cannabis Management Policy Director John Kagia told the board, adding that the legal market is still gaining “great momentum.”

“We are now comfortably double where we were by the end of 2023: $160 million for 2023, and we’re already at $332 million for 2024 and growing. I think this is just, again, a very bullish outlook for this year,” Kagia said. “I would fully expect that, as New York’s legal market grows, a $5 billion outlook over the next few years is a reasonable estimate.”

But, he added, “There’s still a lot more work to do.”

Licensing ongoing

There are still only 156 legal recreational marijuana shops operating across New York state, 75 of which are in New York City, Kagia reported, though hundreds more retailers are working toward opening their doors.

OCM staffer Patrick McKeage told the board that of the 1,850 retail permit applications with locations locked down that were submitted by mid-November last year, about 600 remain to be reviewed. The office expects to finish that task before the end of the year.

“We will also be reviewing all applications in the November queue, so we are making our way through that entire queue,” McKeage said, encouraging those who applied in that window not to give up hope.

But, McKeage said, the CCB has yet to decide what will happen with the 4,303 retail permit applications that were submitted in December without locations.

“The number of licenses to be issued will be subject to supply and demand, and market factors, to try and balance our two-tier market which we have,” McKeage said. “That harmony is something we’re looking to keep in balance. And as more licenses continue to open … we’ll have more data to better understand what that happy medium is.”

Enforcement impacts

The ongoing enforcement push against the thousands of unlicensed cannabis shops across the state also had a noticeable impact for legal dispensaries, Kagia said, echoing a point made by Gov. Kathy Hochul and New York City Mayor Eric Adams last week when they announced a cumulative 1,000 illegal marijuana stores had been closed.

For the second quarter of 2024, Kagia reported, legal marijuana sales surged to more than $160 million, which he said was a direct result of the crackdown on illicit shops.

“We’re certainly seeing a gap as the illicit shops are being shut down. We’re hearing from our retailers who are saying, there are a lot of consumers coming into the legal shops now that the illicit shops have been sealed,” Kagia said. Just last month, the New York market crossed a sales threshold of $17 million per week.

“As a result of these enforcement efforts, legal cannabis retailers downstate, particularly those who have been open for more than 12 weeks, have reported a more than 100% increase in their sales in the 11 weeks since the beginning of May through mid-June,” Kagia said.

Unhappy licensees

Despite the progress, the board members got yet another earful from a string of cannabis business licenseholders who said they’ve been in limbo for months, waiting for final approval from the OCM, including some of the 463 Conditional Adult Use Retail Dispensary (CAURD) licensees who got their permits in 2023.

One such CAURD licensee, who said he has a retail shop called Simply Green, said he got his “final review” by OCM inspectors in March this year after receiving his retail permit in July 2023. But there’s been no update since then, he said, which has been costing him and his partners tens of thousands a month in rent.

“We’re up here trying to figure out what’s going on. We’re hemorrhaging $25,000 a month. We’re $2.1 million in the hole,” the CAURD licenseholder said. “Compliance said April 10 was our opening date. We’re in August. What’s going on?”

Similarly, a representative of the Long Island Cannabis Coalition told the board that zero CAURD licensees from Long Island had yet been approved to open for business.

“To date, no one from Long Island has received one,” he said.

Another retail permit holder who applied during the November window last year said his location was rejected last week after having been on track for months. Now he’s lost the “proximity protection” for approved retailers, meaning he’ll likely have to find a new site for his dispensary.

“To get that email the other day was really stunning. Didn’t see that coming,” the man said.

A woman who also said she was in the November cohort of license applicants reported being “skipped” in the queue for her paperwork to be reviewed by the OCM, telling the board, “We want to ensure our application isn’t lost in the void.”

“We’ve been bleeding money when it comes to these contracts,” the woman said, listing off various vendors that retail applicants have had to pay for to obtain proper permits.

Another hopeful retailer said he’d had a “virtual inspection” by OCM staff in April, but since then, “We’ve received no further communication.”

“Since our virtual inspection, we have paid over $100,000 in rent. This is on top of the money we invested in building our location, and the countless other monthly expenses, such as insurance,” the licensee said. “Aug. 1 just passed. Another rent payment was due… Please bring this delay to an end.”



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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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