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Cannabis dispensary association drops suit over delivery rules

Cannabis dispensary association drops suit over delivery rules

Massachusetts Cannabis association pulls lawsuit against delivery option

Stung by an exodus of members since it filed suit to block new cannabis industry rules permitting home delivery, the business group that represents most of the state’s brick-and-mortar marijuana shops announced Monday morning that it is dropping the legal challenge.

The Commonwealth Dispensary Association and its attorneys from Foley Hoag argued in a suit that the new delivery-only license types created by the Cannabis Control Commission violated the state’s marijuana law, which they said gives the retailers the right to deliver cannabis under their existing licenses.

“Simply, the CCC overstepped its authority and disregarded state law, radically upending the established rules that hundreds of small businesses and their host communities operated in accordance with since 2016,” the CDA said in a statement when it filed its suit earlier this month.

The lawsuit was seen by some as an attack on the disadvantaged entrepreneurs and small businesses that the CCC’s new delivery model was intended to help and a number of retailers publicly broke from the CDA as news of the suit spread. Delivery-only licenses with the ability to buy marijuana wholesale will be available exclusively to participants in the CCC’s social equity program and economic empowerment applicants for the first three years.

“We are leaving because of our belief in creating economic opportunity for social equity applicants,” Cultivate, which has shops in Leicester and Framingham and was one of the first two non-medical retailers to open in the state, said. New England Treatment Access, one of the state’s largest marijuana firms with shops in Northampton and Brookline, and about 10 other companies also left the CDA in recent days, the Boston Globe reported.

The CCC’s new regulations create two delivery license types: a “marijuana delivery operator” that can buy products wholesale from growers and manufacturers and sell them to their own customers, and a “marijuana courier” that can charge a fee to make deliveries from CCC-licensed retailers and dispensaries. Advocates have argued that delivery-only licenses will help level the playing field between large corporations and small businesses because the barriers to entry for delivery are less burdensome than those for retail licenses.

The CDA said the “difficult decision” to sue the CCC over the delivery rules was “supported by the vast majority of members” and “reflected our concerns on the negative impact these regulatory changes might have on the industry as a whole.” Still, CDA leaders said they decided “it is in the best interest of the industry and our members to drop the lawsuit.”

“We all need to be working together on achieving our many shared objectives, including increasing the participation of a diverse set of entrepreneurs in the industry,” the group said as it pledged to work with groups like the Massachusetts Cannabis Association for Delivery (MCAD).

Anti-Marijuana Lawmaker Files Legalization Bill In North Dakota

Anti-Marijuana Lawmaker Files Legalization Bill In North Dakota

North Dakota lawmaker proposes cannabis legalization bill

North Dakota’s secretary of state on Friday approved the format of a proposed marijuana initiative, clearing the way for activists to collect signatures to place it on the 2022 ballot. Meanwhile, a Republican lawmaker is pushing a cannabis legalization bill he introduced even though he does not support the underling policy change.

Rather, Rep. Jason Dockter (R) said he recognizes the seeming inevitability of legal marijuana reaching the state as more neighboring jurisdictions enact reform and as activists gain momentum for their agenda. If the state is going to enact legalization, he wants the legislature to dictate what that program looks like instead of leaving it in the hands of advocacy groups.

Dockter’s House Bill 1420 would allow adults 21 and older to possess and purchase up to one ounce of cannabis for personal use, but home cultivation would not be allowed.

Licensed cultivation facilities that provide cannabis products to retailers “may grow an amount of marijuana sufficient to meet the demands of the public.”

Under the proposal, legal cannabis sales would begin on February 1, 2022.

The bill is being supported by the pro-reform campaign Legalize ND. The group placed a legalization measure on the 2018 ballot that was defeated by voters. They tried to qualify another initiative last year but signature gathering complications caused by the coronavirus pandemic got in the way.

It’s not clear if they will now still pursue previously announced plans for 2022 in light of the new bill, which they said they are “proud of” and is the result of engaging lawmakers in more than six months’ worth of conversations.

Meanwhile, a separate activist group has already filed its own 2022 legal marijuana measure that would make it so adults could possess marijuana and grow up to 12 plants (up to six of which could be mature). Secretary of State Al Jaeger said on Friday that the group can begin working to gather the 26,904 valid signatures from registered voters they will need to place the measure on the ballot.

“I am glad the North Dakota legislature is coming to the realization that legalization will move forward with or without them,” Jody Vetter, chairwoman for that effort, the ND for Freedom of Cannabis Act, told Marijuana Moment.

She added that while the Dockter’s bill is “a step in the right direction toward ending prohibition, there are concerns,” pointing to the lack of legal home cultivation and remaining criminal charges for certain cannabis-related activity.

“Criminal charges surrounding possession should only apply if someone is found to be selling cannabis without proper license or contributing to minors,” Vetter said. “We are moving forward with the ND For Freedom of Cannabis Act. Home growing is essential for any legal program and an overwhelming majority of North Dakota residents are ready to stop criminally charging citizens for simply possessing cannabis.”

Czech medical cannabis sales surge, but market remains small

Czech medical cannabis sales surge, but market remains small

czech medical marijuana sales surge but industry remains small

The Czech market for medical cannabis flower quadrupled last year compared to 2019, according to data published by the State Agency for Medical Cannabis.

However, the market remains very small.

In 2020, roughly 68 kilograms (150 pounds) of medical cannabis flower was sold to patients in Czech pharmacies, compared with 17 kilograms the year before, the data shows.

Expectations that the market would see a tremendous boost after medical cannabis was included in the country’s public health insurance in early 2020 have so far failed to materialize.

Experts say that is partly because insurance coverage is only one of many factors guiding the market’s development.

As Marijuana Business Daily previously reported, bureaucratic hurdles and limited participation in the medical marijuana program by doctors and pharmacies represent challenges that were not resolved with the introduction of the health insurance-coverage scheme.

Despite that, the market is growing with improved access.

October and November saw record sales of medical cannabis, with about 7 kilograms sold each month.

The number of unique patients, which was below 500 at the end of 2019, doubled to 1,103 in December 2020.

The number of doctors prescribing cannabis products also increased.

In December 2019, 78 doctors prescribed cannabis. That number grew to 123 by December 2020.

Since the beginning of last year, Czech patients have been entitled to insurance coverage on 90% of the retail price for 30 grams of flower per month for medical use, regardless of THC content.

In exceptional cases, doctors may authorize quantities exceeding the monthly limit of 30 grams for reimbursement, up to a maximum of 180 grams per month.

In practice, however, patients received roughly 6 grams per month on average during the final months of 2020.

Almost 80% of the cannabis prescriptions last year were to treat chronic pain.

Elkoplast Slušovice remains the only domestic producer, with the rest of the supply coming from Canadian producers Aurora Cannabis and Canopy Growth.

Enthusiasm For Oklahoma’s Medical Marijuana Boom Tempered By Concerns Of A Bust

Enthusiasm For Oklahoma’s Medical Marijuana Boom Tempered By Concerns Of A Bust

Oklahoma medical marijuana boom could be short lived, some worry

Oklahoma has what many consider to be the only free-enterprise medical marijuana industry in the U.S., with cheap startup fees, no cap on medical marijuana business licenses and few limits on who can get a patient card. But this low barrier to entry could lead to an oversaturated market where cannabis businesses struggle to survive.

Jessica Baker, owner of Bakers Cannabis Dispensary in northwest Oklahoma City, has witnessed the growing pains other young marijuana industries like Oklahoma’s have experienced over her two decade career in the business.

She and her husband Chip started growing medical cannabis in California in 1997, which eventually led them to Colorado, where Chip opened a couple of hydroponic stores.

After the passage of State Question 788 in June of 2018, which legalized medical marijuna in Oklahoma, Chip noticed he started receiving an influx of business from Oklahoma.

“People were ordering lights and soil and nutrients,” Jessica said.

The Bakers saw promise in Oklahoma’s medical marijuana market and decided to move to the state at the end of 2018.

In addition to the dispensary and its attached clone nursery, Chip owns a nearby hydroponic store in OKC, and Jessica has a marijuana farm and processor about 40 miles northeast of the city.

Jessica said it’s been a nice change of pace doing business in Oklahoma’s medical marijuana market.

“My businesses have primarily been in California where it’s very difficult and expensive,” Jessica said. “Oklahoma in general… they made it pretty easy for people, which is nice and affordable.”

Oklahoma has some of the cheapest annual commercial licensing fees in the country at $2,500, especially compared to California where licensing fees can reach six figures and range depending on estimated annual gross revenue.

There’s also no limit on licensed medical marijuana businesses in Oklahoma unlike other states such as Louisiana where only one dispensary is allowed in each of the state’s nine regions.

And with no list of qualifying conditions, it’s easy to get a physician to write a recommendation for a medical marujuana patient card. This has led to over 367,000 Oklahomans, nearly 10% of the state’s population, obtaining a medical marijuana patient card, which according to Politico makes Oklahoma the largest medical marijuana market per capita.

Jay Czarkowski, founding partner of the marijuana business consulting firm Canna Advisors, said Oklahoma’s medical marijuana program has grown rapidly. 

“The medical marijuana program in Oklahoma, it’s such an open, liberal program, it is almost like adult use legalization,” Czarkowski said. 

Oklahoma is just shy of having 10,000 active licensed medical marijuana businesses, which includes over 2,000 dispensaries and about 6,500 growers. 

Jessica was surprised about Oklahoma’s medical marijuana industry. So many people with little to no prior experience with cannabis were so eager to get into the business.  

“It says something about people from Oklahoma… that they would just jump into something of the unknown and kind of gamble on it, which is a pretty cool quality,” she said. 

But the flip side to Oklahoma’s low barrier of entry for starting a medical marijuana business is the pressure it puts on the market. 

Sarah Lee Gossett Parrish, an Oklahoma attorney who represents over 150 cannabis businesses, said some enter the market with the misconception that it will be fast money. 

“You have people getting into it who don’t understand that the cannabis industry is just like any other business,” she said. “You have to work hard and have a strong business acumen and know what you’re doing.”

Because there are so many growers, Gossett Parrish said they need to zero in on a market to avoid being eclipsed by larger growers that generate a massive supply of product. 

“If you are a craft grower and maybe an organic grower and you pick and choose certain illnesses and conditions for which you grow strains and you target your market, then you’re going to fare well,” Gossett Parrish said. 

Unless the state legalizes recreational marijuana within the year, Jessica expects many cannabis businesses will have to shut down. She said there’s more marijuana than there is demand from patients.

Original Story from KGOU

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Recreational marijuana sales in Arizona could start this week

Recreational marijuana sales in Arizona could start this week

Cannabis dispensaries in Arizona could open this week.

Marijuana sales to anyone 21 or older in Arizona could start within a day or two, with state health officials telling dispensaries they are poised to issue licenses for recreational sales.

The first stores able to sell recreational marijuana and marijuana products, such as vape pens and gummy edibles, are existing medical-marijuana dispensaries. Some of those businesses said Tuesday they are awaiting approval from state regulators to show up online so they may open their doors to anyone with a state-issued ID. 

“I’m sitting here at my computer hitting refresh, refresh,” said Raúl Molina, a partner and senior vice president of operations for The Mint dispensaries in Mesa and Guadalupe.

A spokesman for the Department of Health Services said 40 medical dispensaries had applied to sell recreational marijuana as of Tuesday afternoon.

The quick turnaround for licenses was unexpected by some dispensary owners, who anticipated the state agency would use the full amount of time given under the law to approve applications, meaning recreational sales wouldn’t begin until March or April.

About two-thirds of dispensaries in the state have yet to make an application, meaning their competitors will have a jump on them in attracting the recreational market.

Molina said he is ready to begin sales as soon as he gets the OK, and that officials with the Department of Health Services told him it could come at any time.

“I am so ready,” Molina said, adding that he has submitted documents to the state for his employees to work in a recreational dispensary, stocked childproof packaging, added cash registers and programmed them to add the appropriate tax to recreational sales, and bought an additional 800 pounds of marijuana in the past month to meet the anticipated demand.

“We expect rushes like 4/20 (April 20) for probably like 10 to 30 days straight,” he said. “Basically it’s going to be 4/20 for a full month.”

Molina said he has dedicated registers for medical-marijuana patients to prevent a displacement by new recreational customers.

Arizonans approved Proposition 207 in November, legalizing adult use and possession of marijuana. The measure also allowed the state’s 120 or so operating medical-marijuana dispensaries to apply for a license to sell to any adult, not just those who have a state-issued medical-marijuana card.

Arkansas medical marijuana sales hit $175M in 2020

Arkansas medical marijuana sales hit $175M in 2020

Arkansas medical marijuana sales saw a big boom in 2020

Medical marijuana sales in Arkansas reached $175 million in 2020, ending the year with a record $1.22 million day.

The Marijuana Business Factbook projects that Arkansas MMJ sales will nearly double this year to $300 million-$365 million, boosted by new items such as edibles and vape products. The state recently opened up licensing for processors.

The state’s dispensaries sold 26,000 pounds of medical marijuana products in 2020, Medical Marijuana Commission spokesman Scott Hardin told Arkansas Public Radio.

The market, which launched in May 2019, started 2020 with fewer than 10 dispensaries but ended the year with 32, according to the report.

Six additional licensed retail entities are working toward opening for business, Hardin wrote in a recent email to Marijuana Business Daily.

Meanwhile, a medical marijuana dispensary in Hot Springs filed a lawsuit alleging that three cultivators have refused to sell product to the retailer, costing the outlet $5 million.

Green Springs Medical Dispensary, once the state’s leading seller, is requesting that the Garland County Circuit Court bar the growers from boycotting the dispensary, according to The Sentinel-Record in Hot Springs.

CEO Dragan Vicentic also wants state regulators to impose a rule that prohibits cultivators from refusing to sell to dispensaries, which his lawsuit claims violates federal antitrust laws.

He claims the growers are retaliating against his comments to regulators that the state needs more cultivators because the existing ones cannot meet dispensaries’ demand. There are currently only eight licensed cannabis cultivators in the state to meet the demand of 32 dispensaries.