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Another Big Beverage Maker Is Getting Into Cannabis

Another Big Beverage Maker Is Getting Into Cannabis

boston beer company potentially making cannabis infused drinks

When Constellation Brands announced it was investing in pot producer Canopy Growth back in 2017, it marked a major turning point for the industry, with outsiders beginning to show a lot more interest in cannabis. Since then, Molson Coors has gotten involved in the development of cannabis-infused beverages, as has Anheuser-Busch. With the volume of beer sales declining by 2.9% last year, the industry could benefit from more growth opportunities, so it may not be surprising if companies turn to a hot new sector like cannabis.

One more big name that is starting to explore cannabis is The Boston Beer Company(NYSE:SAM). Last month, management announced it would be dipping its toes into the industry and begin researching nonalcoholic beverages. Is a move into cannabis drinks inevitable for Boston Beer, and if so, does that make the stock a must-buy?

Is Boston Beer going to start developing cannabis-infused beverages?

On May 14, Boston Beer announced that it was going to set up a subsidiary that would be a “research and innovation hub” for cannabis beverages in Canada (where pot is legal federally). The company did not offer a date as to when it might sell the beverages, but that’s understandably hard to estimate right now given the federal ban on cannabis in the U.S. And while management is researching cannabis beverages north of the border, they haven’t given any indication of plans to sell them there.

The focus appears to be on the U.S. market. CEO Dave Burwick stated in the release that the company “[wants] to be ready for future opportunities in the U.S.”

Boston Beer is simply focusing on innovating the next wave of products and making sure that it is ready to go when the federal government legalizes marijuana in the U.S. Although more states are legalizing pot (New York, New Mexico, and Virginia are among the latest to pass legislation), it’s unclear when pot will be legal federally; President Joe Biden has only gone so far as to talk about decriminalizing pot, not outright legalization.

Many potential partners out there

While Boston Beer is going to create a subsidiary, it’s possible that it could also join forces with a cannabis company to expedite the process. Many cannabis producers would likely be eager to partner up with the top beer maker.

In the past, Aurora Cannabis was looking for a deal and was even rumored to be in talks with Coca-Cola. Sundial Growers, which is sitting on lots of cash, presents another option — management there could be looking to make a big move to bolster their sales numbers. And those are just some of the bigger names out there; Boston Beer wouldn’t have a problem finding potential suitors to work with if it went that route.

 

Why cannabis looks to be a great fit for the company

Boston Beer has been growing phenomenally over the years; sales of $906 million in 2016 grew to nearly double that in 2020, reaching $1.7 billion. In its most recent quarter, for the period ending March 27, the company has still done incredibly well.

It posted sales of $545 million ,which were up 65% year over year due to a 60% increase in shipments. Boston Beer’s willingness to change and adapt to consumer trends have led to this fantastic growth. The most recent example is hard seltzer products; its Truly brand has captured more than 28% of the market, according to the company’s latest results.

Legal cannabis sales rose $17.5 billion during pandemic

Legal cannabis sales rose $17.5 billion during pandemic

cannabis sales rose over 17 billion dollars in 2020

Shortly after Nevada officials announced that licensed cannabis stores and medical dispensaries could reopen after lockdown, Nicolas MacLean said cars were lined up for five blocks waiting for curbside pickup.

Like many industries in Las Vegas, the cannabis industry used to rely on tourists for sales, but that changed when the pandemic hit, MacLean, who serves as the CEO of Las Vegas-based cannabis producer Aether Gardens, told The New York Times.

“Locals are very discerning – they want something they aren’t going to find on the black market,” MacLean said. “Especially when you are stuck at home.”

The year of 2020 saw extraordinarily strong sales of legal cannabis in the US, up 46% from 2019 to a record $17.5 billion (R245 billion), according to cannabinoid market research firm BDSA.

“I expect this will be the first year Nevada does over a billion in cannabis sales,” MacLean said. “And it happened on the back of what I think no one expected.”

In western Massachusetts, where recreational cannabis use is legal, Meg Sanders, CEO of Canna Provisions, said government restrictions and later social-distancing requirements forced her to radically change her sales strategy.

At first, only medical dispensaries were allowed to remain open, while recreational-use retailers were forced to close.

“To have liquor stores deemed essential and not adult-use cannabis – especially when the law passed in Massachusetts was about regulating cannabis like alcohol – was surprising and unfortunate,” Sanders told The Times.

As Canna Provisions was allowed to re-open, the shop’s particular boutique-style in-person shopping experience had to change in favour of over-the-phone preorders.

“Our county is an internet desert,” she explained.

Now when customers call, they speak with a salesperson who can answer their questions and walk them through the available topicals, edibles, and smokables – a method, she said, is “working” for business.

“In our Lee store, preorders have become almost 100 percent of our business, so we bought more handsets and hired more people to answer the phones, and our revenue is up,” she said.

Colorado Hemp and Marijuana Growers at Odds Over Proposed Cannabis Farming Law

Colorado Hemp and Marijuana Growers at Odds Over Proposed Cannabis Farming Law

Colorado hemp and marijuana growers can't agree on new legislation to help farmers plan for weather

A bill in the Colorado State Legislature attempts to cut outdoor marijuana farmers some slack in the face of bad weather and reduce cross-pollination between marijuana and hemp grows. However, not all of the Colorado hemp industry is on board yet.

House Bill 1301 — a beefed-up version of a similar bill last year that was postponed due to the COVID-19 pandemic — would allow outdoor cannabis growers to create a contingency plan to prevent crop loss during extreme weather conditions. The measure would create working groups to reduce cross-pollination between marijuana and Colorado hemp plants, as well.

Home to spontaneous weather, Colorado is more than capable of an untimely freeze for outdoor cannabis farms, which only harvest once per year, during the fall. Representative Daneya Esgar, the prime bill sponsor, says that these farmers deserve more protection for such financial impacts.

“This bill was introduced last year in response to outdoor grows having very stringent regulations and losing millions of dollars because of adverse weather,” Esgar told her colleagues on the House Finance Committee during HB 1301’s first successful vote, on May 24. “We’re just bringing it back and making it better than it was.”

The best practices to prevent crop damage from bad weather would be created and enforced by the state Marijuana Enforcement Division, according to Esgar’s bill.

The other outdoor cannabis issue HB 1301 hopes to address — cross-pollination between plants — could be more polarizing among farmers. Although marijuana and hemp are regulated and grown differently, they’re still of the same plant genus and can easily cross pollinate miles away from each other if grown outdoors. Marijuana plants grown for THC content are feminized and don’t have seeds, just like hemp grown for CBD. However, industrial hemp grown for grain and fiber is full of seeds and pollen, which can pollinate seedless cannabis plants, including hemp.

“We’re trying to figure out how we can educate everyone, because there are some unintended consequences of cross-pollination,” Esgar said.

When cross-pollination between marijuana and hemp occurs,  a handful of problems with regulations, including loss of yield and profit, are presented, according to Zack Dorsett, a Colorado hemp farmer for Blue Forest Farms in Longmont.

“It’s so bad,” he says in an interview with Westword. “We had a neighbor one year that grew un-feminized seeds and was spraying pollen all over the place, and the whole crop pretty much got ruined that year.” Hemp can also be harmed in the cross-pollination process, with some Colorado hemp crops testing above the federal THC limit of 0.3 percent after being pollinated by other cannabis plants.

There is pushback against the bill from some hemp industry members, however.

Colorado marijuana regulation bill overwhelmingly passes in House

Colorado marijuana regulation bill overwhelmingly passes in House

A Colorado marijuana regulation bill has been passed in the state house

It would restrict teens’ access to high-THC products and tighten rules for medical marijuana

The Colorado House of Representatives passed the state’s most substantial marijuana regulation policy since legalization on Thursday, intending to crack down on youth access to high-potency THC products and tighten rules for the medical marijuana market.

HB21-1317 passed overwhelmingly, 56-8, and moves on to the state Senate, where it is also expected to pass.

Some of the few House members who did criticize the bill argued data collection would lead to discrimination against consumers, as well as a slippery slope toward a fresh round of prohibitionist lawmaking.

Garnett disagreed, saying on the House floor just before the vote that he supports “making sure we all understand where this market has gone, how this (high-potency) market has expanded. … I just want to make sure that if there is an impact on the dev brain then we have public health research.

“We have waited too long to get to this point.”

Colorado’s legislative session must end no later than June 12, meaning this bill will move to the desk of Gov. Jared Polis in the next two weeks if it passes as expected.

Skittles Manufacturer Sues Cannabis Brands for Trademark Infringement

Skittles Manufacturer Sues Cannabis Brands for Trademark Infringement

Skittles is suing Zkittles cannabis brands

Skittles-maker Mars Wrigley has filed lawsuits against cannabis companies in Illinois, California, and Canada for trademark infringement.

New Jersey-based candy maker, Mars Wrigley, is suing cannabis companies in Illinois, California, and Canada to stop them from using its brand names and marketing for infused edibles, the Chicago Sun-Times reports. The lawsuit, filed in federal court, accuses the companies of infringing on the Starburst and Skittles candy brands, Ganjapreneur reports.

Mars Wrigley strongly condemns the use of popular candy brands in the marketing and sale of THC products, which is grossly deceptive and irresponsible. The use of Mars Wrigley’s brands in this manner is unauthorized, inappropriate and must cease, especially to protect children from mistakenly ingesting these unlawful THC products. – Mars Wrigley in a statement via the Sun-Times

The lawsuit names Terphogz and five companies that sell a cannabis strain and related products called Zkittlez, the report says. The unnamed defendants are “unknown” to  Mars Wrigley but they are accused of purchasing the goods in question to resell to Illinois customers.

The California lawsuit targets products called “Medicated Skittles,” “Life Savers Medicated Gummies,” and “Starburst Gummies” – marketed by GasBuds – which appear to mimic the packaging of the popular, non-cannabis, confections.

The legal actions are the latest against cannabis companies for trademark infringement of popular consumer products.

Atlanta, Georgia-based Edible Arrangements in September sued Chicago’s Green Thumb Industries for using their brand name in their Incredible product, according to the Sun-Times. Two months later, Ferrera Candy Co. sued California-based Tops Cannabis over its “Medicated Nerds Rope.”

Other lawsuits have brought over the “Woodstock” brand; the logo of a Massachusetts lumber company; the Citibank name, parodied as “Citidank;” the Tapatio hot sauce name and logo; the Gorilla Glue brand; and the logo of the National Hockey League’s Toronto Maple Leafs, among others.

Mars Wrigley is seeking $2 million for each counterfeit trademark named in the California lawsuit, along with attorneys’ fees and costs in both cases.

Why Delta-8 is Being Made Illegal

Why Delta-8 is Being Made Illegal

Delta-8 THC is illegal

As quickly as Delta-8 THC blew up, it’s being made illegal by states across the country.

It was only a matter of time.

Consumers and entrepreneurs have been an enjoying a regulation free, sub-legal way to get high and profit from Delta-8 THC. Now the DEA and USDA have taken notice, and in addition to the numerous states already taking action to make Delta-8 illegal on their own terms, the official law regarding Delta-8 is becoming more clear.

In fact, the current laws regarding hemp may already have it covered.

What is Delta-8 THC?

A very, very close relative to Delta-9 THC, the main psychoactive component of cannabis, Delta-8 THC is separated by just one subtle difference in its molecular structure. The similarity in molecular structure also leads to similar psychoactive effects although slightly suppressed.

Studies done on Delta-8 THC have revealed it to be roughly 75% the potency of traditional Delta-9 THC. With modern extraction technology and isolation techniques, manufacturers of D8 THC are able to produce products that get users high.

The reason that D8 THC is able to operate currently with near impunity is because of the wording of the 2018 Farm Bill. In the bill, “Hemp” is defined as:

The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Because the definition specifically includes Delta-9 THC and nothing else, this has been used by manufacturers as a de facto legalization of other tetrahydrocannabinols. However, looking a little more deeply into current rules and regulations on the books by the DEA and USDA, and depending on your definition of “synthetic”, the future of Delta-8 may have already been decided.

Synthetic Tetrahydrocannabinols

In August of 2020, the DEA released a set of interim rules regarding hemp. In this ruling they say, “For tetrahydrocannabinols that are naturally occurring constituents of the plant material, Cannabis sativa L., any material that contains 0.3% or less of D9 -THC by dry weight is not controlled, unless specifically controlled elsewhere under the CSA,” CSA being the Controlled Substances Act.

However in the same paragraph further down, we get to the part that matters to Delta-8 THC advocates; “For synthetically derived tetrahydrocannabinols, the concentration of D9 -THC is not a determining factor in whether the material is a controlled substance. All synthetically derived tetrahydrocannabinols remain schedule I controlled substances.

By establishing a difference between naturally occurring cannabinoids that are produced in hemp and those that are derived and enhanced synthetically, the DEA virtually made a ruling against Delta 8. This is because, to the likely surprise of many (including myself), Delta 8 THC while naturally occurring in hemp, is in fact synthetically made from CBD when produced for retail sale.

How Delta 8 THC is Made

All cannabinoids, from CBD to THC and beyond begin as CBGA. Because of the shared molecular structure of cannabinoids, manipulating them is simpler than it may seem. While Delta-8 is relatively new, producers have been using these methods to manipulate cannabinoids for a long time to find exotic new cannabinoids.

While Delta-8 THC exists in a wide range of cannabis strains, it is in minuscule, trace amounts. To extract and purify Delta-8 from raw plant material with less than one percent of the targeted cannabinoid is unprofitable. This is why producers have begun converting other, more prevalent cannabinoids like CBD and Delta-9 THC into Delta-8.

The process of creating Delta 8 from CBD is nothing new, and is actually a patented isomerization process. It involves dissolving CBD in a solvent like heptane. An acid is then added into the solution and stirred constantly up to 18 hours on a heat plate. Once the chemical reaction is complete it will separate, where it can then be washed and dried and tested.

Compared to how your average Delta-9 extract is made, Delta-8 is a more lengthy, “synthetic” process. The Delta-8 is not there in the beginning, it is created in the end. And that’s why it’s a problem.

What does this mean for Delta 8 THC?

Unfortunately for producers and consumers alike, the great days of Delta-8 THC are likely coming to an end sooner rather than later. Over a dozen states have already banned Delta-8 THC, and more are considering passing their own laws against the cannabinoid. With the ruling by the DEA being brought into the open, it will be difficult for manufacturers to argue that Delta-8 is not in fact a synthetic cannabinoid.

In other words, those who continue to manufacture and sell Delta-8, even right now, are technically manufacturing and distributing a Schedule 1 substance. States in which Delta-8 THC has not been explicitly banned likely don’t need to worry about prosecution for the time being, as no official ruling on Delta-8 specifically has been passed down.

But as concern grows and more states ban Delta-8, it is going to become more difficult and less profitable for manufacturers to continue making it. Soon enough, Delta-8 will likely be another banned substance nationwide.