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Texas House committee takes up hemp bans as stakeholders ask for better enforcement

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Texas hemp operators on Monday mounted a vigorous defense Monday against proposed legislation that would dramatically restrict the state’s hemp industry and could eliminate most consumable products. The bill would also transfer regulatory authority to alcohol regulators.

The Texas House State Affairs Committee heard testimony from dozens of industry stakeholders during a marathon hearing on House Bill 28 and its Senate companion, Senate Bill 3. The measures would restrict legal hemp products solely to beverages while banning other forms, such as gummies, tinctures and smokable hemp.

Vast devastation

Industry folks argued the legislation would devastate a sector that has flourished since the 2018 federal Farm Bill legalized hemp, defined as cannabis containing less than 0.3% THC by dry weight, and the state’s own ushering of hemp laws in 2019, which many said paved the way for the market’s explosion despite a lack of comprehensive direction.

“If this bill passes, it will wipe out over 50,000 jobs across the state, mine included and my nine employees that I have built over the last five years,” said Stephen Gurkha III, co-owner of Elevated CBD Smoke, which operates two locations in the Bryan-College Station area.

Tara Littell, director of franchise operations for CBD American Shaman, characterized the bill as “not regulation, it’s devastation.”

Littell also testified that the ban on edible and smokable products would harm customers with “conditions where they’re unable to swallow.”

Lukas Gilkey, CEO of Hometown Hero, testified that “SB3 is simply a venture capital-backed, state-sanctioned monopoly play that would disenfranchise and leave … people unemployed for one company that stands the benefit.” He added, “HB28 is more the same, banning every category except beverages which would then be handed over to the well-funded alcohol industry, not the people who invested in slave for the last six years building the hemp industry of Texas.”

Mark Bordas, executive director of the Texas Hemp Business Council, questioned the logic behind restricting products to beverages.

“In fact, much of the industry would be adversely impacted by limiting product offerings to liquid forms of THC sold through one particular route to market: package stores,” Bordas said.

He said that while hemp-infused beverages represent a growing sector – “currently valued at $400 million but forecasted to reach $8.7 billion in market valuation by 2033” – it’s unclear why liquids would be considered safer than other forms of consumable hemp.

Better enforcement

The bills would also transfer regulatory oversight from the Texas Department of Health Services to the Texas Alcoholic Beverage Commission (TABC), a move widely criticized by the local industry stakeholders.

“TABC is designed to regulate alcohol products, not cannabinoids” Colton Luther of Puff and Prosper said. “… They have different production methods, market dynamics and consumer safety concerns compared to each other. Transferring hemp oversight to the TABC would lead to rules that aren’t well tailored to the unique characteristics of hemp-derived products.”

Rebecca O’Neill, of Hummingbird Hemp in Early, argued that better enforcement of existing regulations would solve many concerns.

“The biggest frustration that we have had is the lack of regulation. There is not an age limit in Texas. We don’t have one, we enforce one. DSHS have never come out to do an on-site or retail visit,” O’Neill said.

According to Eddie Velez, of Dallas-based Oak Cliff Cultivator, Texas Department of Agriculture data shows 475 active hemp producer licensees in the state, with around 70% growing for consumable products. But the rise of synthetics has also “significantly reduced hemp farming in the state of Texas,” he said.

John Harlow, representing Village Farms’ general counsel, urged lawmakers to look to other states for guidance.

“Texas is trying to solve a problem that’s already largely been solved in many states such as Colorado and Virginia,” Harlow said.

Several witnesses raised concerns about potential interstate commerce issues that could lead to prolonged litigation. Craig Katz, government relations and compliance manager for CBD Kratom, which operates 11 stores in Texas as part of its 60-store operation across five states, warned about legal challenges.

“If Texas passes House Bill 28 and people start sending things through the mail, online purchases, and Texas goes after that, I guarantee you that there will be multiple lawsuits to oppose that and Texas will spend the next 10 years litigating,” Katz said.

After hearing hours of testimony, the committee left both bills pending without a vote.



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4Front

4Front Ventures delays annual filings, can’t pay auditors

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4Front Ventures (CSE: FFNT) (OTCQB: FFNTF) said Wednesday it can’t meet its April 30 regulatory deadline to file its annual financial report because it can’t pay its auditors.

The Phoenix-based company also applied for a management cease trade order that would temporarily restrict company leaders from trading its securities while it tries to fix its money problems.

The delay comes as the company works to “resolve the issue and expects to be able to file the necessary reports upon completion of securing additional financing, restructuring its liabilities and continuing discussions with one of the company’s lessors,” according to a news release. Management stated that it expects to file within 60 days of restarting its audit.

The delay follows a tough stretch for 4Front, which lost $6.4 million in the third quarter while watching its revenue slide. Third-quarter revenue dropped to $15.2 million, down from $20.1 million a year earlier and lower than the $18.7 million from the previous quarter.

The company blamed “softness in our retail channel stemming from heightened competition” in both Illinois and Massachusetts markets for the revenue dip.

Still, CEO Andrew Thut previously tried to sound positive, saying the company was making progress on scaling production in Illinois, growing wholesale in Massachusetts and seeing better results in Washington.

“Despite the uncertainties surrounding federal cannabis reform, we’re optimistic, especially given signs that we may have unexpected advocates in the incoming administration,” Thut said at the time. “We’re confident entering Q4 and are ready to return to growth and sustainable positive cash flows from operations.”

4Front also said at the time that it retained Canaccord Genuity to help with an internal reorganization, particularly regarding its financial position. The company also took out an $850,000 loan to finance ongoing operations.

The company asked for relief under Canadian National Policy 12-203, which would block management from trading company securities until it files its financials. The Ontario Securities Commission hasn’t ruled on this request yet.

If rejected, the commission might instead impose a broader order affecting all company securities.

While the filings remain outstanding, 4Front promised to provide biweekly status updates and confirmed that insiders can’t trade company stock until the annual filings are submitted.

The company has been pushing growth initiatives despite its financial crunch. During the third quarter, it continued building a massive 250,000-square-foot cultivation facility in Matteson, Illinois, planning to expand from 24,000 to 34,800 square feet of growing space. Its Massachusetts wholesale business showed some promise with a 56% increase in revenue to nearly $2 million for the quarter.

As of September 2024, 4Front had $278 million in assets, with just $1.2 million in cash, against $326.5 million in liabilities, including nearly $69 million in debt.

The company said there are no bankruptcy proceedings underway and “no material business developments” since filing its last quarterly report in December beyond what its already disclosed.



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Safe Harbor Financial, FundCanna team up to tackle cannabis banking headaches

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The new partnership wants to solve the typical cannabis cash crunch for businesses through a referral deal.

Safe Harbor Financial (Nasdaq: SHFS) and FundCanna are joining forces to help cannabis businesses break through persistent banking and money barriers, the companies announced Thursday.

The new referral deal between Safe Harbor and fellow lender FundCanna creates a one-stop solution for marijuana operators who’ve been largely shut out of traditional banking services.

The setup: Safe Harbor will send clients to FundCanna when they need loans or equipment financing, while FundCanna will direct its borrowers to Safe Harbor’s banking services. All loan money will flow through Safe Harbor-managed accounts, keeping everything above board, according to the news release.

“This partnership delivers a practical, scalable solution that puts the financial needs of cannabis operators first,” said Terry Mendez, Safe Harbor’s new CEO, who’s trying to breathe new life into the company after a rough financial stretch.

Safe Harbor recently posted mixed results for 2024 – its lending business is booming – up 123% for the year – but the company still recorded a hefty $48.3 million loss. Still, Mendez, who took over earlier this year after Sundie Seefried’s retirement, has big plans to overhaul the company.

In March, he told shareholders he wants to transform Safe Harbor from just a cannabis banking operation into a comprehensive business services hub – including expanded lending, which the FundCanna deal supports.

FundCanna’s founder Adam Stettner says the partnership “brings together two trusted platforms dedicated to solving persistent financial barriers in cannabis.” His team has pumped $20 billion into various underserved businesses over two decades.

The collaboration comes as cannabis companies continue to struggle with cash constraints while traditional banks keep them at arm’s length due to federal prohibition. For Safe Harbor, which has already processed $25 billion in cannabis transactions since its 2015 founding, it says, the deal represents a key piece of Mendez’s vision to serve not just cannabis but eventually other “debanked” industries like crypto and gaming.



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Business

Tilray proposes reverse split to drive share price higher

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Tilray Brands, Inc. (Nasdaq: TLRY)(TSX: TLRY) is asking shareholders to approve a reverse stock split to drive the share price higher. The company said it is calling a Special Meeting, where stockholders will be asked to vote for an amendment of the company’s Fifth Amended and Restated Certificate of Incorporation.

The reverse split ratio could range from 1-to-10 to 1-to-20. The exact ratio within this range will be determined by the Board of Directors, without reducing the authorized number of shares of our common stock.

The company currently has almost a billion shares outstanding and the number of shares has increased by 18.30% in one year.

Tilray CEO Irwin D. Simon said, “The Reverse Stock Split will better align Tilray’s number of shares outstanding with companies of our size and scope. A higher price per share would ensure compliance with Nasdaq’s continued listing requirements and places Tilray in a position to continue executing on our strategic plans. Looking ahead, we expect this decision to aid in the company’s efforts to stabilize trading levels, attract and retain institutional shareholders, and decrease our cost structure by over $1 million on an annual run rate basis. The fundamentals of our company remain intact, and we are confident that we have the right strategy and team to deliver long-term value for our shareholder base.”

In a statement, the company also said it expects to achieve cost savings from the Reverse Stock Split, which would reduce its expenditures associated with Tilray’s Annual Meeting of Stockholders.

Tilray informed shareholders during its recent earnings announcement that the company had posted a net loss of $793.5 million for the quarter, which weighed on its stock performance. The company’s share price has been below a dollar on the Nasdaq Exchange since February. If it stays below a dollar for over 30 days, then the company is considered to violate the minimum bid price requirement as set by the Exchange. Nasdaq gives violators 180 days to regain compliance and even if a company can’t achieve that, they can ask for another 180 days.

Just issued

The reverse split follows last year’s deal that the company entered into with TD Securities and Jefferies in an at-the-market equity program . During the nine months that ended February 28, 2025, the company issued 93,610,801 shares under the ATM Program generating gross proceeds of $143.4 million. The company paid $3.7 million in commissions and other fees associated with these issuances generating net proceeds of $139.7 million.

This isn’t the first time Tilray has done a reverse split. In 2021, the company engaged in a reverse split with a cumulative effect of 1:1.19, meaning 1.19 pre-split shares became 1 post-split share. 



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