Tag Archives: recreational

The cannabis industry is a fertile ground for aspiring entrepreneurs, holding the promise of a modern-day gold rush. Yet beneath the surface of opportunity lies a minefield of obstacles. Success requires navigating a steep learning curve, managing high operational costs, and mastering a complex supply chain that spans cultivation, manufacturing, consumer packaged goods (CPG), retail, finance, and strict regulatory compliance.

As of today, 40 states have legalized medical marijuana, and 24 states have legalized adult-use. Many of these states have prioritized giving Black and Brown communities, disproportionately harmed by the war on drugs, the chance to participate as dispensary owners. They’ve introduced social equity licensing programs, grants, and funding opportunities designed to level the playing field. Unfortunately, despite the good intentions, no state has yet launched a truly successful social equity program. New York’s rollout, in particular, has been marred by delays, lawsuits, and a lack of adequate support for license holders.

Despite the focus on prioritizing social equity entrepreneurs, the issues of inexperience, undercapitalization, and limited access to resources still need to be solved. These weaknesses create a high risk of business failure, making venture capital firms hesitant to invest in such ventures. A potential solution lies in franchising—a model that can provide a blueprint for success and the operational support to reduce failure rates, while also making cannabis investments more attractive to institutional and private investors.

The Benefits of a Retail Operational Blueprint

A cannabis franchise offers entrepreneurs an accelerated path to market by providing turnkey support. A franchisor supplies comprehensive resources, including:

Retail site selection and lease negotiations
Store design and build-out assistance
Initial and ongoing training programs for staff and management
Standardized operating procedures (SOPs) and compliance frameworks
Technology stacks (POS, e-commerce integration, track-and-trace systems)
Marketing and branding support rooted in consumer research
Vendor and supply chain relationships to ensure consistent, quality product flow

For new operators, this guidance eliminates many common pitfalls and shortens the learning curve. Franchisees step into a proven system, benefiting from brand recognition, operational discipline, and shared best practices.

Why Cannabis Franchises Make Sense

Cannabis retail faces unique challenges compared to traditional industries. Franchising can help overcome them:

1. The Unique Shopping Experience For first-time consumers, visiting a dispensary can feel intimidating. From security check-ins to navigating hundreds of unfamiliar products with the guidance of budtenders, the process can be overwhelming for new customers. A franchise ensures a consistent retail experience by training staff to educate and guide consumers, fostering customer loyalty, and building trust in the brand.

2. Adapting to Rapid Product Evolution The cannabis product landscape changes faster than most consumer categories. Cultivators constantly rotate new strains into the market, novel cannabinoids (like THCV and CBG) are gaining traction, and new delivery systems, from solventless concentrates to nanoemulsion THC beverages, continue to emerge. A single dispensary may struggle to keep up with these trends, but a franchise leverages data from multiple locations to predict consumer demand and optimize inventory.

3. Navigating the Dispensary Technology Stack Dispensaries operate within a specialized tech ecosystem, featuring seed-to-sale tracking, compliance reporting, CRM systems, digital menus, and marketing platforms that must comply with advertising restrictions. Choosing the wrong software can be costly and disruptive. Franchises streamline this by standardizing their tech stack across locations, saving franchisees the trial-and-error process.

4. Meeting High-Security Requirements Cannabis retailers must operate like high-security facilities. State-mandated vaults for product storage, video surveillance systems, onsite security guards, and cash-only operations (due to limited access to banking) make security both costly and complicated. Franchises reduce risk by providing tried-and-true protocols for safeguarding cash and inventory.

5. Ensuring Compliance in a Highly Regulated Industry Compliance violations are among the fastest ways to lose a license. Cannabis retailers must adhere to strict regulations regarding packaging, labeling, advertising, delivery, consumption lounges, and track-and-trace systems. Non-compliance can result in severe fines or a permanent shutdown. By joining a franchise, operators gain access to dedicated legal and compliance teams who track evolving laws across multiple jurisdictions. This lowers the cost of legal services and dramatically reduces regulatory risk.

Easing the Path to Capital

Access to capital remains one of the biggest hurdles in cannabis. Traditional bank loans are rare, and investors are cautious due to the sector’s volatility. A franchise model eases this barrier by offering:

Proven systems and financial performance data that reduce investor risk.
Scalable retail expansion opportunities that appeal to venture firms and private equity.
Institutional credibility through established brands makes lenders more comfortable underwriting loans.

Challenges for Cannabis Franchisors

While franchising offers clear advantages for operators, it’s not without challenges. Only a handful of cannabis franchisors exist today, and some early attempts have failed due to the complexities of operating across multiple states, each with its own licensing rules, ownership caps, and compliance hurdles.

Two companies leading the charge are Sweet Spot Farms and Curio Wellness’ Far & Dotter, each approaching the franchise model in distinct ways.

Sweet Spot Farms has taken a cannabis-first approach, focusing exclusively on dispensary retail. With franchisees already operating in four states and more expansion underway, the company emphasizes a consistent retail experience, standardized operating procedures, and brand trust built directly around cannabis. Their success demonstrates that a disciplined, tightly controlled model can scale even in fragmented markets.
Far & Dotter, developed by Maryland-based MSO Curio Wellness, takes a broader health-and-wellness approach. In addition to cannabis retail, the franchise concept incorporates holistic services such as massage therapy, acupuncture, and natural health products. This wellness-forward positioning aims to destigmatize cannabis, attract new customer demographics, and differentiate Far & Dotter from dispensaries that focus strictly on THC sales.
Buds Place has yet to open its consumption lounge model, but is eyeing Michigan as its first state because of its more favorable cannabis laws compared to other states. Ron Silberstein, CFO, has been in the franchise industry since 1999 and believes the cannabis industry is the next great frontier for franchising opportunities.

The existence of these two models highlights both the opportunities and the complexities of franchising in the cannabis industry. Sweet Spot Farms shows how a cannabis-focused franchise can scale through disciplined operations, while Far & Dotter demonstrates how expanding the consumer experience beyond cannabis can open doors to new markets and investors. Both face the challenge of adapting their systems to varied state regulations while keeping brand consistency across locations.

Unlocking Potential Through Franchising

The cannabis industry is brimming with opportunity, but breaking in and building a sustainable business remains a daunting task. Franchising provides a proven roadmap that mitigates risk, accelerates growth, and increases access to capital. By offering operational blueprints, established brand trust, compliance expertise, and consumer insights, cannabis franchises create a supportive ecosystem for entrepreneurs.

Just as importantly, franchising can help advance social equity goals. By providing new entrepreneurs, especially those disproportionately affected by prohibition, a structured, proven path to success, franchising can democratize opportunities while attracting the investor capital the industry desperately needs.

If cannabis is the modern-day gold rush, franchising may well be the map that ensures more entrepreneurs strike success.

September 30, 2025

The United Nations Poised To Recognize Cannabis Culture

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Beyond its wellness benefits, cannabis carries a rich and diverse cultural legacy that spans the globe. In a technical paper submitted to Mondiacult 2025, the Cannabis Embassy calls for global recognition of cannabis cultures as an integral part of humanity’s cultural diversity, and as essential to building inclusive, rights-based, and peace-oriented cultural policies in the 21st century.

Mondiacult 2025, UNESCO’s World Conference on Cultural Policies and Sustainable Development, will be held in Barcelona, Spain, from September 29 to October 1, 2025. The gathering brings together ministers, policymakers, cultural professionals, and civil society leaders from all 194 UNESCO Member States to shape the global cultural agenda for the years ahead.

The Roots of Cultural Erasure

The paper begins by tracing how cannabis’s regulation transformed into prohibition. In 1925, the International Opium Convention first put cannabis derivatives under international control. But it was the 1961 Single Convention on Narcotic Drugs that went further, specifically mandating in its Article 49 that traditional or non-medical uses of cannabis should be “abolished” as soon as possible.

This legal architecture effectively criminalized centuries of cultural practices almost overnight, without regard for the histories, traditions, or worldviews of communities that had used cannabis as part of their heritage.

The authors highlight a stark paradox: although Article 49 attempts to eradicate non-medical uses, cannabis use and culture never disappeared. Instead, they persisted and adapted underground, often at great social and legal risk to the people involved.

Culture of Resilience

Criminalization has driven cannabis traditions underground, disrupting the transfer of knowledge across generations and forcing communities to safeguard their heritage in secrecy. The war on drugs has made it risky to openly celebrate or develop cultural practices tied to the plant.

Yet despite decades of stigma and repression, cannabis cultures have shown remarkable resilience. Communities have preserved knowledge orally, sustained clandestine cultivation networks, and reinvented social practices to keep traditions alive.

Still, criminalization has silenced open expression, marginalized traditional growers and knowledge holders, and left indigenous and legacy communities sidelined in legalization efforts that rarely create fair or inclusive opportunities.

Human Rights, Cultural Rights & the Need for Reconciliation

The technical paper frames this struggle in the language of cultural and human rights. International human rights instruments (e.g., UDHR, ICESCR, ICCPR, and treaties protecting indigenous and minority cultures) affirm that all peoples have the right to participate in cultural life, to transmit traditions, and to enjoy “the moral and material interests” tied to their cultural expressions.

Yet, the authors argue, cannabis communities have been systematically denied these rights through prohibition, stigma, and exclusion. Tools of cultural safeguarding (such as UNESCO’s 2003 Convention on the Safeguarding of Intangible Cultural Heritage) have rarely been applied to cannabis-related practices. The paper calls for a recalibration of international norms so that cannabis communities can access recognition, protection, and support.

Policy Recommendations & Pathways Forward

As the world convenes for Mondiacult 2025, this moment presents a window for structural change. The paper sets out key recommendations:

Acknowledge a cultural crisis: explicitly recognize how prohibition has impaired the cultural rights and heritage of cannabis-associated communities.
Reexamine conflicting treaties: address the tensions between Article 49 of the Single Convention and human rights frameworks (UDHR, ICESCR, ICERD).
Support community-led safeguarding efforts by investing in participatory processes to document, revitalize, and protect cannabis-related cultural expressions.
Create enabling environments at national and regional levels, and remove legal and social barriers that prevent communities from freely maintaining or developing their traditions.
Promote equitable benefit–sharing and protections: guard against exploitation or biopiracy of cannabis genetic resources and traditional knowledge.

By recognizing cannabis cultures as part of the global mosaic of cultural expression, and by re-centering rights, dignity, and community control, the authors argue, we can shift from a “war on drugs” mindset toward a culture for peace paradigm.

Read the full report from the Cannabis Embassy here:

September 20, 2025

From The Lab

MJBowl Comes For New York Brands

By Pam Chmiel

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MJBizCon, the largest and one of the most influential gatherings in the cannabis industry, is adding a new element to its lineup: a cannabis competition.

This year marks the debut of the MJBowl awards on December 4th in Las Vegas, produced in partnership with Budist, the first-ever review platform to combine consumer feedback with expert ratings from seasoned professionals.

Elevating Cannabis Standards

Often compared to Wine Spectator, the influential magazine known for expert ratings, detailed tasting notes, and industry news, Budist applies a similar model to cannabis.

“Cannabis needed a professional ratings and review platform that elevates a brand’s standards,” said Claudio Miranda, co-founder and COO of Budist. “Just like wine, coffee, or craft beer, cannabis deserves a transparent, unbiased system for measuring quality.”

The inaugural event will feature separate competitions in California and New York, with winners crowned in each state. While future editions may pit markets against one another, for now, the MJBowl is designed as a celebration of excellence rather than a direct state-to-state showdown, since cannabis remains federally illegal and cannot be shipped across state lines.

Driving Premiumization in Cannabis

Beyond ratings and reviews, Budist is also tackling one of the industry’s most persistent challenges: the lack of education around products. Miranda points out that cannabis is often reduced to a race to the bottom, where products are judged primarily on low prices and high THC percentages.

By introducing expert-driven evaluations, Budist aims to help consumers understand why some products command a higher price, just as wine drinkers learn to distinguish between a $10 and a $100 bottle. The platform also shines a spotlight on cultivators and brands that invest in craftsmanship, such as high-quality sun-grown flower, which is often undervalued in today’s market.

“Education is key,” Miranda explained. “Some consumers want value products, and that’s fine. But others are willing to pay more for craftsmanship and quality, and they want to know why that product is worth the premium. That’s where we come in—helping consumers make sense of the differences.”

Budist vs. Ganjier: Complementary Roles

Because Budist is often compared to the Ganjier program, Miranda clarifies the distinction and how they complement one another.

Ganjier, founded by renowned cultivator Kevin Jodrey, is the industry’s first sommelier-style certification program. It provides deep product knowledge, professional credentials, and evaluation training similar to earning a degree.
Budist is a platform. It gives certified experts, including many Ganjiers, an outlet to apply their skills in the marketplace.

In addition to expert reviews, Budist also includes consumer ratings, creating a dual system modeled after platforms like Rotten Tomatoes, where both critics and everyday users contribute.

“Both perspectives are valid,” Miranda said. “Our professionals might include Ganjiers, longtime competition judges, journalists, or educators, but they all share a commitment to standardized, unbiased product evaluation. At the same time, consumer input provides balance and insight into what everyday users value.”

Together, programs like Ganjier and platforms like Budist help professionalize cannabis evaluation, giving the industry tools to recognize quality while also educating consumers about the nuances that distinguish one product from another.

California vs. New York: Different Stages, Different Stories

One of the most compelling aspects of the MJBowl will be seeing how winners differ between California and New York.

California has had a legal cannabis framework for over 20 years and is a hub of innovation for brands, product formats, retail experiences, and cultivation and extraction methods. New York’s regulated market, by contrast, is still in its early stages. While its traditional market is longstanding, the legal side has fewer brands and less product diversity, making it more of a developing market than a mature one.

It’s not just about the products. Each MJ Bowl competition reflects the culture of its state. In New York, social equity license holders make up a majority of the market, accounting for approximately 54 percent across cultivation, manufacturing, and retail. Many of these operators come from the legacy market and support one another as they transition into the legal industry. Growers supply brands, brands support retailers, and retailers provide visibility for their community peers. This longstanding network of collaboration is now thriving in the regulated space, giving New York’s cannabis scene a uniquely cooperative spirit.

California, by contrast, brings decades of product innovation and a deep bench of brands, with judges steeped in West Coast cannabis culture. New York’s judging team is being built from within its own community. “This isn’t about California going to New York and telling them what we think of their products,” Miranda said. “It’s about letting each market speak for itself, from producers to consumers and professionals alike.”

How Judges Decide What Wins

According to Miranda, winning products don’t follow a single formula; trends, innovation, and what’s bubbling up in the market all matter. Years ago, hydrocarbon extracts such as shatter and wax dominated competitions, while today’s connoisseurs favor solventless products like rosin. Edibles have evolved from simple brownies to precisely dosed chocolates, beverages, and nanotech-infused products. Judges also reward innovation across hardware and packaging, not just flower or concentrates.

Budist is working to elevate standards by implementing a 100-point evaluation rubric that scores aroma, flavor, appearance, and effect, weighted differently according to category. For example, concentrates are judged heavily on aroma and flavor, while medicinal capsules are judged primarily on whether they deliver the promised effect.

The scoring system also recognizes that consumer expectations vary widely across categories. “You can’t measure rosin against distillate and call one better than the other; they’re different products serving different purposes,” Miranda explained. That’s why products compete within subcategories, ensuring fair comparisons and allowing each style to shine on its own merits.

For the MJBowl, there are five main competition categories:

Flower
Pre-rolls
Vaporizers
Concentrates
Edibles

Within these, entries are divided into 11 subcategories—such as distillates, live resin, solventless extracts, chocolates, gummies, and beverages to ensure recognition across the full spectrum of cannabis products.

What Winners Receive

In addition to honoring winners on the national stage at MJBizCon, the MJBowl ups the stakes with event tickets, an awards show entry, and a travel voucher to Las Vegas. Winning brands also gain major visibility through post-event press coverage, Budist social promotion, and amplification from MJBiz.

Retail partners in each state, such as The Artist Tree, with 10 California locations, and Gotham, with four dispensaries in New York, have committed to showcasing winners on their shelves.

“This isn’t an award that disappears once the show ends,” Miranda said. “It translates directly into new opportunities for brands. So we hope everybody enters.”

Hear Claudio Miranda’s full interview on the Innovating Cannabis Podcast and YouTube.

September 19, 2025

Arizona Commands the Nation’s Highest Cannabis Business Valuations

By , Gordon K. Sattro

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Whether it’s a single retail license, a multi-site operation, or a vertically integrated enterprise, deals in Arizona are fetching top-tier premiums – often exceeding price points in larger, more mature markets like California.

So, what’s driving these sky-high valuations? More importantly, how can industry players take advantage? Let’s break it down.

Arizona: Where Cannabis Assets Command a Premium

Over the past 24 months, dozens of transactions have closed in Arizona by way of consolidation, ranging from single dispensary sales to multi-unit portfolio deals. The results have been record-setting: in some cases a standalone retail license has sold for over $10 million, a figure unheard of in many other states. Arizona’s cannabis assets are, in a word, premium and are routinely attracting bids that surpass those in traditionally dominant market.. Clearly, Arizona has become a market where cannabis assets command a serious premium.

Why is this desert market so hot? Below are five key factors fueling Arizona’s elevated valuations.

Five Key Factors Driving Arizona’s Sky-High Cannabis Valuations

Limited License Structure: Arizona’s cannabis market operates under a tightly restrictive license cap, with only 169 dispensary licenses statewide. This built-in scarcity means any available license instantly becomes a coveted asset. With far fewer retail outlets than demand requires, sellers hold the leverage – and can command steep prices as a result.
Dual Licensure (Medical + Recreational): Many Arizona licenses are dual-use, meaning one license allows both medical and adult-use sales. This doubles a dispensary’s potential customer base overnight. Dual licensure translates to higher revenue per store, as each licensed operator can serve all segments of the market. Buyers are willing to pay a premium for this versatility and expanded market share.
Strategic Location and Growing Consumer Base: Arizona boasts one of the fastest-growing populations in the U.S., with major metros like Phoenix and Tucson expanding rapidly. The state also enjoys booming tourist traffic and steady streams of interstate shoppers (especially from nearby prohibition states such as Texas, Utah, and New Mexico). On top of that, Arizona offers a favorable business climate with relatively low taxes and fees, which further boosts profitability for operators. In short, demand is high and operating costs are relatively manageable which all results in a perfect recipe for rich valuations.
Robust Sales and Profitability: Thanks to limited competition and dual-use sales, Arizona dispensaries tend to generate strong revenues and healthy profit margins. Each store services a large customer pool, often resulting in higher sales per dispensary than in states with more saturated markets. Buyers see that Arizona operations can yield a significant return on investment, which justifies paying top dollar for a foothold in the market.
Strong Investor Demand: The buzz around Arizona has drawn in deep-pocketed buyers from across the country. Green Life has witnessed both institutional investors and high-net-worth individuals eagerly bidding for Arizona licenses and companies. This competitive buyer pool pushes valuations even higher – it’s not uncommon to see bidding wars drive a sale price well above the initial asking. When multiple buyers are vying to enter or expand in Arizona, sellers ultimately reap the reward in the form of lofty sale prices.

Navigating the Arizona Market: Buyers and Sellers

Buyers: How to Win in a Hot Market
For buyers, Arizona’s high valuations mean you must come prepared. To successfully acquire an asset in this competitive market, buyers should:

Be ready to move quickly. Attractive opportunities often trigger bidding wars, so speed and decisiveness are essential once a viable deal hits the market.
Expect to pay a premium. Understand that Arizona assets are expensive for good reason – low-ball offers won’t win deals here. Savvy buyers budget for top-tier prices and focus on the long-term upside.
Leverage local expertise. Partnering with experienced cannabis brokers or advisors (like Green Life Business) who know the Arizona landscape can help you identify opportunities early and navigate the complex regulatory environment with confidence.

Sellers: How to Maximize Your Sale
For sellers, Arizona’s moment in the spotlight presents a prime opportunity – but preparation is key to capturing maximum value. Green Life Business guides sellers through critical steps to capitalize on the market, including:

Packaging the business for maximum value. We help organize financials, compliance records, and growth stories into a compelling presentation that attracts top-tier buyers.
Securing pre-qualified buyers. Through an extensive network, we screen and line up buyers who have the interest and the funds, ensuring a smoother sale process.
Navigating regulatory hurdles. From state licensing rules to local regulations, our team helps sellers handle all compliance and license transfer requirements without derailment.
Closing quickly and transparently. We strive for deals that close on time, with no surprises, giving both parties confidence from offer to final handshake.

By taking these steps, sellers can tap into Arizona’s aggressive pricing environment and drive their deal to the finish line efficiently.

Bottom Line

Arizona isn’t just hot – it’s on fire. In a market where asset values elsewhere are cooling, Arizona continues to deliver record-setting valuations fueled by scarcity, strong demand, and proven profitability.

With experience selling High Times, Statehouse, and securing the largest all-cash cannabis transaction since 2022, Green Life Business has the expertise and track record to position your Arizona business for the strongest possible sale outcome. Whether you’re considering an exit, recapitalization, or expansion, our team brings the market knowledge and deal execution needed to maximize value.

Let’s talk. The next great Arizona transaction could be yours.

Greenlife Business Group Inc.

October 4, 2023

Cannabis in Texas: A Look Ahead to Legalization and Beyond

By Abraham Finberg, Rachel Wright, Simon Menkes

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A Uniquely Texas Approach to Cannabis

The last few decades have seen the United States move forward state-by-state with the legalization of cannabis. Every state is charting its own unique path, and nowhere is this truer than with the state of Texas.

The Lone Star State has made its way from being staunchly anti-cannabis to expressing its own blend of temperance and careful action, combined with a medical cannabis program that’s expanding.

Any predictions regarding the future of cannabis in Texas must take into consideration both the state’s past and its values. In the end, it’s clear that Texas will embrace cannabis in its own individual way and at its own pace, but with a timeframe that appears to be arriving sooner rather than later.

The Debate Continues

108 years after Texas first banned cannabis and the debate continues. Even though Texas has a medical cannabis program, cannabis is still illegal in the state, with possession of less than two ounces a misdemeanor. Possession of more than four ounces is a felony punishable by a $10,000 fine and from 2-99 years in jail.

Texas’s 2015 Compassionate Use Act created the state’s medicinal cannabis program, which now makes treatment available only in the form of low-THC oil of a maximum strength of 1%, and only to a small list of serious conditions: epilepsy, terminal cancer, autism, multiple sclerosis, amyotrophic lateral sclerosis (ALS), seizure disorders, incurable neurological disorders such as Alzheimer’s, Parkinson’s, Huntington’s Disease and PTSD.

Support for a Stronger Medicinal Cannabis Program Comes from Prominent Politicians

Texas Department of Agriculture Commissioner Sid Miller, a leader in Texas politics and one of the architects of Texas’s burgeoning hemp industry, has encouraged Texas legislators to create a more complete medical cannabis program.

“I am for medical use,” Miller said in an August 2023 interview. “We have so much good science now. And we know what diseases it can treat, yet our legislature picks winners [and] losers. If you’ve got this disease, you can get treated, but if you’ve got this disease and cannabis will help you, you can’t get treated. We need to let the doctor-patient relationship make those medical decisions and not some bureaucrat or some politician … I’m not a supporter of recreational marijuana, but if someone has a condition that this chemical will help, they should be able to use it.”

Texas Representative Joe Moody from El Paso has worked for many years to promote adult-use cannabis. He recently co-authored two pro-cannabis bills, HB 1805, which would have expanded covered medical conditions and defined a per-doze THC limit instead of a percentage limit on cannabis products, and HB 218, which would have decriminalized cannabis.

Although both bills passed the House of Representatives, they were stopped in the Senate. The next session of the state legislature, which happens every two years, won’t begin until January 2025, so that is the earliest any change in cannabis statutes could take place.

The Future of Medicinal Cannabis

There are currently only three dispensaries in Texas. They appear to be servicing the state’s 268,000 square miles through a series of weekly drop-offs to satellite “partner locations,” which are open an average of only two days per week. This is not exactly a corner-CVS type of arrangement, and the need for new dispensaries for the state’s 61,000 registered patients is high.

The Texas Department of Public Safety took applications for new medical dispensary licenses between January and April 2023. Tony Gallo, managing partner of Sapphire Risk Advisory Group, which helped twelve licensees prepare their applications during this round, anticipates around ten new dispensaries being approved.

All licensees must be vertically integrated – product must go from seed-to-sale under one license – and each applicant paid $7,356 to apply. If approved, the applicants will owe another $488,520.00 for a two-year period.

Many knowledgeable Texans, including Agriculture Commissioner Sid Miller, predict a fully-functioning medicinal cannabis market is just a few years away. “If you can get it to the floor, probably 70% or 80% of the legislative body will vote in favor of it because we have such good science on it. [Originally] we thought, ‘Well, that’ll lead to recreational use or more drug use,’ but it’s not. It’s a plant derivative. Medical marijuana is not nearly as addictive as some of the prescription drugs we use now.”

The Push is On for Adult-Use

Representative Joe Moody believes that adult-use is not too far away in Texas’s future either, and that the way to speed its arrival is through education. He recently sponsored HB 3652, the Texas Regulation & Taxation of Cannabis Act, in order to start a dialogue on what a retail cannabis market will look like in Texas.

On April 26, 2023, Moody and his bill received a public hearing in the House Committee for Licensing and Administrative Procedures in which many points about setting up a retail market in Texas were discussed. A 10% cannabis tax was proposed by Moody, to be split evenly between the state and local government. Licenses would be required for those growing, selling, transporting or testing cannabis, although individuals would be allowed to grow or possess it in small amounts for personal use. Legal sale and consumption would be limited to adults 21 years of age and older, like alcohol. And of course, cannabis possession would be decriminalized.

How Strong is the Market Potential for Cannabis?

One indication of how strong even a fully-open medical cannabis market might be in Texas came during Moody’s hearing from the testimony of Estella Castro. Castro owns two medical dispensaries in Oklahoma just across the state line from Texas and suspects most her buyers are from Texas. “They have a Texas plate and they come in and buy $500 to $600 worth of product,” she said. Her two shops generated $158,000 in taxes to Oklahoma, most of which she believes should have gone to Texas.

New Mexico recently legalized adult-use cannabis, and the small towns along the Texas-New Mexico border are seeing a lot of traffic from Texas. In the first week of adult-use sales, the New Mexico did adult-use sales totaling $6 million. Of those sales, $1.5 million came from dispensaries in 5 small border towns.

Florida and California Suggest the Scope of a Mature Cannabis Market in Texas

The potential for a fully developed medical cannabis market can be gleaned by studying the next smaller state, Florida, which has an open, mature, medical cannabis market. Florida, with 20 million people, is about two-thirds the size of Texas, which has 30 million inhabitants. Right now, Florida boasts 700,000 cannabis patients whereas Texas only has 61,000. Simple math suggests a fully open, mature, medical cannabis market in Texas could see over a million patients gain relief.

California is the nation’s most populous state with 39 million inhabitants, and its cannabis revenue gives some perspective as to the size of a Texas adult-use market. 2024 estimates of California’s cannabis revenue suggest the Golden State will see $7.2 billion legal cannabis sales while the illegal market will generate another $6.4 billion for a total of $13.6 billion. With a reduction for Texas’s smaller size, these numbers suggest a fully-mature Texas adult-use cannabis market could generate close to $10 billion in annual revenue.

Large adult-use states like California and New York are notorious for having an illicit market that threatens to derail their legal, tax-paying cannabis license holders. Texas’s strong business-friendly focus should help deter such an illicit marketplace from gaining too significant a foothold.

The Back-Door Cannabis Industry

Meanwhile, an extensive “back door” cannabis industry is in full swing in Texas. CBD shops now sell delta-9 (fully psychoactive) THC/CBD gummies and tinctures made from the hemp plant, which is the low THC-version of the cannabis plant. These THC/CBD products adhere to the 0.3% definition of hemp as required by the federal 2018 Farm Bill and are legal and available for over-the-counter or online purchase in Texas’s CBD stores.

Gummies, tinctures and other products made form them hemp plant

Current estimates are that there are over 5,000 hemp, CBD and cannabinoid retailers, manufacturers and distributors in Texas that employ more than 50,000 workers and generate more than $8 billion in annual revenue. With these numbers, the 1,100+ licensed Texas hemp growers are sitting well where they are and are poised to take advantage of a legal adult-use market if and when Texas decides it is ready to go down that path.

Next Steps for Texas’s Cannabis Market

People familiar with Texas’s cannabis market believe that adult-use is a ways down the road for the Lone Star State, and that the near-term focus needs to be on decriminalization and achieving an unincumbered medical cannabis system. Tony Gallo of Sapphire Risk Advisory Group advises the Texas cannabis community to concentrate on “increasing what conditions are allowed for medicinal use” and “increasing what areas of the state it’s allowed to be sold.”

There is a groundswell of public support for decriminalizing cannabis as well as for allowing adult-use. A December 2022 poll showed 55% of Texans support legalizing at least small amounts of cannabis for recreational purposes, and another 28% said it should be legal for medicinal purposes.

A February 2023 poll by the University of Houston found that 82% of Texans support the Legislature passing a bill that would allow people to use marijuana for a wide range of medical purposes with a prescription. The belief that cannabis is a “gateway drug” that would make people more likely to use other illegal drugs is losing traction as well – 70% said it would make people less likely to do so or would have no impact.

Final Thoughts

The demand for cannabis in the Lone Star State is strong. With the likelihood of a fully-functioning medical cannabis market coming soon, and the possibility of decriminalization not too far behind, it’s clear that the future of cannabis is bright in Texas.

While the legalities around adult-use will take longer to work out, and the place of hallucinogenic hemp in the mix needs to be examined and clarified, one fact is certain. The path forward that Texas cannabis takes will certainly be a unique one, as unique and as individual as the Texan people themselves.

October 3, 2023

Employee Management & Human Resources: An Often-Overlooked Part of Building a Business

By Cannabis Industry Journal Staff

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Well before cannabis businesses win a license application, they need to have traditional business plans outlining how they’ll run the company. While this obviously includes things like the property, the building, products and inventory, it also includes a lot of things that are often overlooked: things like payroll, human resources and employee management.

Before a cannabis company should even hire their first employee, they need to have a few thing squared away. The timeframe and order of operations will differ for every business and every state, but there are a number of things to consider like workers comp, employee training, handbooks and of course, everyone’s favorite topic: insurance. There’s crop insurance, general liability insurance, unemployment insurance, workers comp insurance and more. Working with the right brokers, not breaking the bank and understanding what you need and when can be crucial to keeping the doors open.

Ahead of the Cannabis Quality Conference, we sit down with Nick Murer, the founder of WECO, to ask him some questions about what businesses need to know and when. Nick will be available at the event in New Jersey this October 17 and 18 during our “Ask the Expert Roundtables” to answer these questions and much more.

Cannabis Industry Journal: Does a company need to have workers comp and unemployment insurance before they’re licensed?

Nick Murer: They don’t need to have it figured out before they’re licensed, but they should want to have a strategy in place as they’re going through the process, knowing what they need to accomplish. There are some cases where states may require insurance upfront in the licensing process, but not always. It is however required before a business opens their doors, and absolutely necessary to have insurance before staffing and their first employees comes on board.

CIJ: What types of insurance should companies look into as they’re submitting our license application?

Nick: As you’re submitting your license application, you should have it figured out or at least speak with a broker about your options. You probably don’t have it yet, since you’re not an entity, but you’ll need general liability insurance, and if you’re a grower, you should have crop insurance too. Prior to opening, you should have your workers comp insurance, unemployment insurance, FICA, SUTA and FUTA figured out with the state. Prior to licensing, you need to make sure you are working with the right insurance broker and managing the cost aspect. We can help with that; we work with a couple of great brokers that are industry-specific. As folks go through the licensing process, it’s important to work with people like us that have the right resources and the right tools to provide that necessary support.

Nick Murer will be available at the CQC in New Jersey, October 16-18 to answer questions and provide a resource for new and existing businessesDuring the application process, you need to be aware of insurance and the options that are available, as well as what’s required, but you might not need to have all of those in place. It’s different for every state.

CIJ: What important parts of human resources and employee management should companies have figured out before they get licensed?

Nick: I think the first area they need to start with is making sure they have their workers comp set up, their GL [general liability insurance] set up, I think they should have their employee handbook figured out, their onboarding procedures, their strategies for discontinuing employment figured out prior to bringing them on. Where we come in and assist with that is making sure that these businesses are properly set up with the state to handle workers comp, unemployment insurance, their FICA, FUTA and SUTA, social security taxes, healthcare benefits and being able to deploy all of that within thirty days properly. We work with a lot of clients making sure they have their onboarding programs fully figured out before they take that leap.

CIJ: As cannabis companies get licensed and begin operating, what are some often overlooked HR functions?

Nick: I think the number one area they need to understand in their hiring process prior to bringing people on is really having a thorough, compliant handbook that they’ve also participated in, and have worked towards creating a better document so when these employees come on they know the expectations and the standards that need to be met in order to be a successful member of the team. I think their employment onboarding practices need to be dialed in where they understand what is going on between the onboarding, timing, the documentation needed all before effective start date to stay in compliance. Understanding labor compliance and being able to understand how you properly onboard and offboard an employee is a really critical part. Where we like to come in and assist our clients is helping train managers and being their resource. Everyone works with humans and there are always unforeseen problems that arise We’re in the people business and there will be people problems and mitigating those should be everyone’s number one priority. The more we can help protect cannabis businesses, the less risk they bring to their own company, people and the industry.

September 25, 2023

Cannabis Lab Testing Problems Continue Nationwide

By Cannabis Industry Journal Staff

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In Maine, a laboratory released a study they conducted, finding a 17% failure rate of dangerous pesticides in cannabis samples tested. The state requires testing for adult use cannabis, but not for medical cannabis. Just under 4% of adult use samples failed a pesticide screening, while over 20% of all medical samples they tested failed the same screening. Nova Analytic Labs conducted the study and found piperonyl butoxide, bifenthrin, spinosad, imidacloprid and pyrethrins in both adult use and medical cannabis samples.

Also in the Northeast, a NY Cannabis Insider investigation found labs breaking rules for reporting pesticides and other contaminants as well as companies misreporting numbers and selling cannabis that has failed tests. New York only allows outdoor cultivation to encourage environmental sustainability, but some say that rule is what is behind high microbial test failure rates. To ease the burden, New York simply removed mandatory microbial testing.

Now, Oregon is doing the same: removing microbial testing burdens because too many businesses are failing them. Back in March of this year, Oregon started to require tests for aspergillus contamination, but a legal challenge halted that rule in late August and state regulators complied, doing away with the testing requirement for now. Stakeholders in many cannabis markets, including New York and Oregon, still debate just how much of a public health risk microbial contamination in cannabis truly is.

Meanwhile in California, regulators have sent warning letters to labs threatening stiff penalties if inaccurate test results are found. While these warning letters highlight THC potency inflation and laboratory shopping, a rising concern in markets across the country, they also mention falsifying scientific data, which has been known to occur in pesticide testing results as well.

The common theme across these markets is lab testing policy at the state level and an inability of an entire industry to come to any agreement. In lieu of any federal guidelines on a national level, disjointed state policies and preventable lab testing problems like these continue.

September 14, 2023

Lone Star Cannabis: What’s Holding Texas Back?

By Abraham Finberg, Rachel Wright, Simon Menkes

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Adult-use cannabis has gained steam across the nation as more and more states jump on the legalization train. As of the writing of this article, 23 states have legalized adult-use while another 15 have allowed the sale of cannabis for medicinal purposes, for a total of 38 green states.

Meanwhile, Texas still has stiff penalties for possession. Two ounces or less is a misdemeanor with a maximum fine of $2,000 to $4,000 if one has between two and four ounces. Possession of more than four ounces is a felony punishable by a $10,000 fine and between 2-99 years in jail. And that’s just for possession.

Quasi-medicinal use was approved with the 2015 Texas Compassionate Use Act, and just for epilepsy, to be only treated by low-THC cannabis oil with a maximum strength of 0.5%. Since then, the number of conditions approved for low-THC treatment has been opened up to terminal cancer, autism, multiple sclerosis, amyotrophic lateral sclerosis (ALS), seizure disorders, incurable neurological disorders such as Alzheimer’s, Parkinson’s, Huntington’s Disease and PTSD. At the same time, the allowable strength of cannabis oil has been increased to a still-minimal 1.0%.

So, what’s holding back the Lone Star State? And what can be done to obtain full legalization for both medicinal and adult-use cannabis? The answers lie within the Texan psyche which has a strong streak of self-reliance in it that has made the state go its own way before. Legalize cannabis just because 75% of the other states have already done so? If your friends jumped off a cliff, would you jump off a cliff too?

Texas is the only state to have been its own country. When its leaders declared independence from Mexico in 1836 and General Sam Houston defeated Mexican General Santa Anna later that year, Texas became the Republic of Texas. While many Texans wanted their country to join the United States, the push within the new republic to remain a separate country was strong. It took nine years of heated debates before Texas entered the Union.

Fast forward 178 years to 2023, and many of the heated debates taking place in Texas today revolve around cannabis. Some Texans see the push to legalize adult-use cannabis as a moral issue, and that it is the responsibility of state government to hold the line against what they view as a gateway drug. Others argue cannabis can be beneficial by providing a safe alternative to opioids for pain relief, and that it is already easy to access on the black market.

Several recent cannabis bills: HB 1805, which would have expanded covered medical conditions and defined a per-dose THC limit instead of a percentage limit, and HB 218, which would have decriminalized cannabis, both passed the state House of Representatives in April 2023 but died in the Senate when Lt. Gov. Dan Patrick, who presides over the chamber, refused to refer the bills to a state Senate committee for review.

“We’re always listening on the health issues, but we’re not going to turn this into California,” Patrick said in 2021, “where anybody can get a slip from the doctor and go down to some retail store and say, ‘You know, I got a headache today so I need marijuana,’ because that’s just a veil for legalizing it for recreational use.”

The Texas legislature only meets every two years, and the next session is scheduled to begin in January 2025. Since Texas does not have a statewide ballot initiative process, statewide decriminalization and possible passage of adult-use legislation will only be possible then.

Law enforcement has a stronger voice in public policy in Texas than in many other states, and law enforcement organizations have expressed serious reservations about decriminalizing cannabis in Texas. In a joint statement in 2019, the Texas Police Chiefs Association and the Sheriffs’ Association of Texas expressed concerns that legalization would bring increased crime, entice a dangerous black market and lead to increased use of other, more addictive drugs. They also opposed expanding the state’s restrictive medical program until “validated, peer-reviewed medical research shows a proven medical benefit.”

Despite these setbacks, there is a growing groundswell of public support for decriminalizing cannabis as well as for allowing adult-use. A December 2022 poll showed 55% of Texans support legalizing at least small amounts of cannabis for recreational purposes, and another 28% said it should be legal for medicinal purposes.

A February 2023 poll by the University of Houston found that 82% of Texans support the Legislature passing a bill that would allow people to use cannabis for a wide range of medical purposes with a prescription. The belief that cannabis is a “gateway drug” that would make people more likely to use other illegal drugs is losing traction as well – 70% said it would make people less likely to do so or would have no impact.

Voters in some cities passed local ordinances in 2022 decriminalizing cannabis although not all of these ordinances have been implemented by their mayors and city councils. One large city, Austin, passed such a law and is no longer arresting or citing anyone for misdemeanor possession. Other cities, including Dallas, have gone as far as to implement cite-and-release policies, which directs police to ticket someone with less than four ounces of cannabis. Though this policy keeps cannabis possessors from being arrested and detained, they still must appear in court and face the same fines and possible jail time.

These individual city and county efforts to decriminalize cannabis are helping build momentum for eventual statewide decriminalization when the state legislature returns in 2025.

The keys to achieving the goals of state-wide decriminalization and adult-use lie in implementing a multi-pronged approach of changing the public perception of cannabis through education coupled with promoting the economic benefits to the state of increased jobs and tax revenue.

Representative Joe Moody has taken a unique approach to educate lawmakers and Texas citizens. He recently sponsored HB 3652, the Texas Regulation & Taxation of Cannabis Act, in order to start a dialogue on what a retail cannabis market would look like in Texas. Moody received a public hearing in the House Committee for Licensing and Administrative Procedures on April 26, 2023 in which many points about setting up a retail market in Texas were discussed, including a 10% cannabis tax.

Moody didn’t expect the bill to move forward and, in the end, no vote was taken. But that wasn’t his goal. “No cannabis retail market bill has ever gotten a hearing like this in the Texas Legislature,” he told the committee. “The time is coming where this will be the law of the land, and so we might as well get in front of that.”

Many Texans in favor of legalization and the establishment of an adult-use market are optimistic. Recently, 420CPA’s Tara O’Connor attended a meeting of cannabis executives in Dallas. The Texas Cannabis Roundup, billed as “one of the largest gatherings of cannabis business professionals in the South”, was packed with close to 200 people, all there for an evening of good food and drink and to hear speeches on the progress of legalization in the Lone Star State. The mood was upbeat. “People here are really hopeful and energized,” commented Tara afterward. “They really want recreational cannabis to come to Texas.”

In the last analysis, Texans are an independent lot, and they do things their own way. Decriminalization will happen when the people of the Lone Star State are ready to allow it. And whether it’s a fully functioning medicinal cannabis program with an adequate number of dispensaries and a strong enough cannabis product to bring relief to all who need it, or if, in the end, Texas approves adult-use cannabis for its citizens, one thing is for certain: such progress will happen in a time-frame that is right for Texas and in a uniquely Texan way.

September 13, 2023

HHS Recommends Rescheduling Cannabis, Surprising an Entire Industry

By Joshua Weiss, Osiris Morel

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In the most unexpected development to hit the cannabis industry in years, the U.S. Department of Health and Human Services’ (HHS) Secretary Xavier Becerra shared his agency’s recommendation that, based on data and scientific analysis, cannabis, a Schedule I drug under the Controlled Substances Act, should be reclassified as a Schedule III drug. The announcement was made on Wednesday, August 30.

The Background

HHS’ conclusion was sent by letter to the Drug Enforcement Administration (DEA), the agency with authority to reclassify how various substances are treated under federal drug laws. The HHS recommendation means that the nation’s top health agency no longer considers cannabis a drug that lacks medical value and carries the high potential for abuse.

The announcement comes just under a year after President Biden and his administration made a statement on cannabis reform. In that statement, which he made on Oct. 6, the president requested that the Secretary of HHS and the Attorney General (AG) initiate an administrative process to review how cannabis is scheduled under federal law, in addition to pledging to pardon all prior federal offenses of simple cannabis possession, directing the AG to develop an administrative process for the pardons and urging all governors to follow suit for state and local offenses. In a statement, Secretary Becerra said the agency acted “expeditiously” and completed the rescheduling process in less than 11 months, “reflecting the department’s collaboration and leadership to ensure that a comprehensive scientific evaluation be completed.” Indeed, the agency’s announcement reflects the administration’s desire to quickly resolve the country’s failed approach to cannabis reform, as prior rescheduling efforts have taken years. Few thought the federal government would move quickly on cannabis, let alone under a year.

The White House has chosen not to comment on the HHS recommendation as the “administrative process is an independent process led by HHS and DOJ and guided by the evidence.” During a press conference, White House Press Secretary Karine Jean-Pierre reiterated the administration’s position, saying that the administration is taking a more hands-off approach and allowing the federal agencies to determine cannabis’s classification without political influence.

What Does This Mean for the Cannabis Industry?

Although a historic announcement, many industry members hoped for a report that would completely remove cannabis from the CSA. Rescheduling cannabis as a Schedule III drug could provide a route for the FDA to assume a more hands-on regulatory role, and it could open up opportunities for interstate commerce in cannabis. A Schedule III designation does not amount to federal legalization, which means the industry will continue to lack a comprehensive regulatory framework addressing the conflicts between federal and state cannabis laws. Rescheduling cannabis also does not address long-overdue concerns about decriminalization and the effect the war on drugs has had on incarceration rates and racial disparities among the imprisoned.

With the HHS recommendation out in the open and the ball firmly in the DEA’s court, concerns have shifted to the DEA’s timeline for considering rescheduling. No hard deadline exists for the agency to complete its review, and industry stakeholders already know that the rescheduling process can be grueling and lengthy. The last time the DEA rescheduled a drug, hydrocodone combination products (HCPs) in 2004, the process took nearly a decade. In fact, each time the DEA has previously considered rescheduling cannabis, in 2001 and 2006, the process took over two years and resulted in no changes.

While many stakeholders speculate that a decision will be made ahead of the November 2024 presidential election, others remain skeptical given the strict anti-drug posture hardwired into how the DEA operates. In fact, the HHS recommendation coupled with the DEA’s approach to drug policy has led some to speculate that the DEA may compromise by moving cannabis into Schedule II, a category reserved for medicines with high potential for abuse and dependence, including most common opioids.

Either way, the agency’s recommendation is a momentous moment for an industry that has been reeling from falling sales and rising costs. Rescheduling cannabis could open the floodgates to more and better research into cannabis. The Schedule I designation has severely limited scientists’ access to cannabis for research purposes. A Schedule III designation would also have a significant financial impact on cannabis companies that have been deprived of tax deductions and banking services on which most companies depend.

The DEA has confirmed that it received the HHS letter and recommendation and will initiate its five-factor review, which differs from HHS’s eight-factor criteria. It remains to be seen what the DEA will do or when it will be done, but thousands of cannabis companies across the country will be watching closely.

September 11, 2023

Alternatives to Bankruptcy for Cannabis Companies: Part 3

By Brent Salmons, Yuefan Wang

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Part 1 of this series discussed the lack of bankruptcy protections for cannabis companies, since bankruptcy in the U.S. is an exclusively federal procedure and cannabis remains illegal under federal law and proposed a number of alternative options for businesses struggling in the current environment. Part 2 of this series focused on state law receiverships for several states.

In this the third and final part of this series, we continue to review state law receiverships for several additional states and discuss the final non-bankruptcy option for cannabis companies, an assignment for the benefit of creditors.

Below is an overview of the laws and rules governing receiverships in several additional states which have legalized cannabis.

Massachusetts

In Massachusetts, receiverships are governed by statute, with numerous statutes for receivership in various industries and entity types but, in general, the appointment of a receiver is granted by a court after the filing of a complaint by third party, most frequently a secured creditor.

In keeping with its industry specific approach, the state cannabis regulator has enacted rules detailing the steps for a cannabis receivership. Most notable among these rules is a requirement to provide notice to the state regulator at least five days before filing a petition to appoint a receiver and, similar to the approach of Nevada, establishing minimum requirements for a person to serve as a receiver for a cannabis company (which generally require a person to pass a background check and have a crime-free past). In addition, because of the fairly restrictive local licensing in Massachusetts, coordination with the locality in which a cannabis company has operations is also required.

Michigan

Michigan has a broad receivership statute, in addition to both entity and industry specific statutes. The general receivership statute allows for the appointment of receivers as part of a court’s equitable powers so long as the appointment is permitted by law. In 2020, Michigan law was amended to specifically permit receivers to be appointed over cannabis companies. The state cannabis regulator’s rules require notice to such agency within 10 days following the appointment of a receiver, and Michigan law further provides that receivers may only operate a cannabis facility upon approval by the state regulator.

Anyone may seek the appointment of a receiver in Michigan, even if they have a connection to the property or business to be placed in the receivership. However, an action may not be brought solely to appoint a receiver but must instead be sought after an action for another claim has already been made. If a court determines it has cause to appoint a receiver, such receiver must have “sufficient competence, qualifications, and experience to administer the receivership estate”. Receivers in Michigan appointed under the general commercial receivership statute (including receivers over cannabis companies) are subject to the court’s equitable discretion but have broad powers, including the power to operate, restructure, liquidate, and sell the business.

Missouri

Like Michigan, Missouri has a general receivership statute as well as statutes for specific receivership situations, notably with respect to corporations. However, Missouri has not enacted any particular rules with respect to cannabis companies and as a result receiverships in Missouri have been conducted under the general receivership statute.

Receivers in Missouri are appointed by a court order following the application of a person with an interest in the assets over which the receivership is sought and an appointment may be made prior to any judgement having been rendered. In addition, the appointment of a receiver may be sought as an independent claim and not as an ancillary claim to another primary claim. Receivers may be granted powers as a general receiver (similar to “equity receivers” in other states) with powers over all of the assets of a debtor, or over specific property of a debtor.

Missouri’s cannabis regulations contain very few rules that specifically relate to a receivership, other than a requirement to provide notice to the state cannabis regulator within 5 days of a receivership filing. While some parties have cited a lack of cannabis specific rules as creating a lack of clarity regarding receivership in these states, Missouri courts and the state regulator appear to be applying the general receivership rules to the industry with at least one receivership in the state in the final stages of completion.

Assignments for the Benefit of Creditors

To conclude this series, we want to revisit another option we discussed in Part 1 for dealing with a financially troubled firm: an assignment for the benefit of creditors (ABC). While voluntary negotiations with creditors is typically taken where the value of the underlying business clearly exceeds the liabilities of the business, and receivership is an avenue for creditors to seek a court to force a restructuring or liquidation of a business, even over the objections of the business itself, an ABC process can be appealing where the creditor and debtor maintain relatively amicable relations, but the value of the business is such that it is clear the equity holders have little to no value remaining in the business. A creditor may view the ABC process, which is generally a lower cost option as compared with a court-supervised receivership, as the superior proposition in these circumstances.

An ABC is a state common law or statutory remedy available to debtors that is roughly analogous to a Chapter 7 bankruptcy or liquidating Chapter 11 bankruptcy. Unlike a receivership, where a creditor applies to a court for the appointment of a receiver and such an appointment can be granted even over the objection of the debtor, an ABC is a step taken by the debtor itself to liquidate its assets in an orderly fashion with the proceeds paid to its creditors. While courts can be involved to resolve specific matters, and ABC process is principally undertaken without court involvement or direct supervision.

Unlike a receivership, an ABC is a step taken by the debtor itself to liquidate its assets in an orderly fashion with the proceeds paid to its creditorsTo initiate an ABC process, the debtor selects the assignee to take ownership of its assets and such assignee holds such assets in the functional equivalent of a trust for the benefit of the creditors of the debtor. As such, the assignee, while selected by the debtor, owes duties (typically fiduciary duties under state law) to the body of creditors.

Once the assignment has occurred, the assignee will engage in a relatively significant diligence effort in order to gain a clear understanding of the assets and liabilities of the debtor, to complete the assignment and to provide notice to third parties and creditors of the fact that the assignment has occurred. The assignee then generally oversees the operation of the business (if it is continuing) while moving to create a sale process for its assets, whether through some sort of public auction or a privately negotiated sale (which, as in bankruptcy proceedings, may include stalking horse bids).

One notable difference between the bankruptcy and receivership process and an ABC is that, in general, assets sold in an ABC are not sold free and clear of all underlying liens, meaning that senior secured creditors must consent to any sale, or their liens will travel with the assets.

While ABCs offer many advantages over receiverships, including a typically lower cost, flexibility in the selection of the assignee, and a generally easier and faster path to liquidation of assets, there are limitations, including the risk that a third party may seek to appoint a receiver after an ABC has been commenced or that the compensation package granted the assignee is disproportionately high, each of which could ultimately result in higher costs for all involved. Furthermore, sales of assets in an ABC are not automatically sold free and clear of all liens.

In the end, regardless of where a cannabis company may be operating, the lack of access to federal bankruptcy courts does not deprive the company or its creditors of viable avenues to restructure or liquidate a business. However, because these options are less familiar to those who typically operate in the bankruptcy-centric restructuring arena in other industries, companies and creditors in the cannabis space are well advised to consult with counsel familiar with the cannabis industry and the restructuring alternatives that remain available to them.