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New York City Sues Unlicensed Cannabis Dispensaries and Landlords

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As New York cannabis retail licensing proceeds at a snail’s pace, countless businesses are openly selling marijuana products out of unlicensed stores and smoke shops. It is obvious to anyone walking through New York City that the city has been unable to reign in these “businesses.”  After allegedly sending cease and desist notices to those business, the city is now targeting landlords of those retail spaces.

New York City’s lawsuits against unlicensed cannabis dispensary landlords

This week, the City began filing lawsuits against unlicensed dispensaries and their landlords. One litigation that is a good example of the tactics and strategy the city is utilizing is The City of New York v. The Land and Building Known as 14 First Avenue, et al., Index No: 450378/2023 (“Land Building”.)  The suit alleges that undercover, underage police officers bought marijuana at each of the shops on three occasions in December and those premises did not have a CAURD license to sell marijuana.

In each filing, the city demands financial penalties from both the landlords and store owners. The City is relying on the same public nuisance laws that usually are used when landlord refuse or fail to evict tenants that operate brothels and drug dens. Pursuant to Section 7-703 of the Administrative Code, a “public nuisance” includes a building that is being used for the purpose of a business, activity or enterprise which is not licensed as required by law. As landlords (and everyone) are likely aware, it is illegal to process, distribute for sale or sell any cannabis or cannabis product within the state without obtaining a license or permit authorized by law.

The Land Building litigation

In Land Building, the City alleges that the Landlord owned, leased, used, maintained or conducted the subject premises as a place wherein cannabis is sold without a CAURD license as is required by law. It notes that at this time, the only type of license authorizing the sale of cannabis in New York State is a CAURD license. The City further asserts that the Defendant tenant/operator(s) of the subject premises, has/have a duty to be aware of the unlicensed sale of cannabis at the subject premises, and that a corporation is liable for the conduct of its agents (or employees) through whom it conducts its business– so long as they act within the scope of their authority, real or apparent.

The City is seeking a judgment: a) permanently enjoining such public nuisance; b) directing the sheriff to seize and remove from the subject premises all material, equipment and instrumentalities used in the creation and maintenance of the public nuisance; c) directing the sale by the sheriff of such property; and d) closing the subject premises for a period of one (1) year from the posting of the judgment. The City is also seeking a judgment against the defendants ordering that each defendant pay a penalty of one thousand dollars ($1,000.00) for each day that such defendant intentionally conducted, maintained or permitted the public nuisance.

What happens next

From a program management perspective, it’s encouraging to see enforcement taken seriously. We have periodically documented how lack of enforcement in California, for example, has created an unfair dynamic for compliant operators, and directly contributed to that program’s ills.

It will be interesting to watch this litigation play out, and to see whether such lawsuits have the desired “chilling effect” on unlicensed cannabis dispensaries throughout New York City.



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Has the Marijuana Industry Hit Rock Bottom?

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The cannabis industry has undergone a remarkable transformation over the past decade, evolving from a largely illicit market to a burgeoning sector with legal frameworks across numerous states and countries. However, this rapid growth has not come without its challenges. As the market matures, many marijuana businesses are facing financial distress due to various factors, including regulatory hurdles, market saturation, and changing consumer preferences. For savvy investors and entrepreneurs, these distressed businesses present unique opportunities for acquisition and growth. However, navigating this landscape requires caution and a comprehensive understanding of the risks involved.

 

 The Current State of the Marijuana Industry

 

 Market Growth and Challenges

 

The legal cannabis market in North America has seen exponential growth since the early 2010s. According to industry reports, the U.S. cannabis market was valued at approximately $13 billion in 2020 and is projected to reach $41 billion by 2025. This growth has been fueled by increasing legalization efforts at both state and federal levels, as well as a growing acceptance of cannabis for both medicinal and recreational use.

 

Despite this promising outlook, the industry faces significant challenges that have led to a wave of distressed businesses. These challenges include:

 

  • Regulatory Uncertainty: The patchwork of state laws creates confusion and compliance issues for businesses operating across state lines.

  • Market Saturation: In some regions, an influx of new licenses has led to oversupply, driving down prices and squeezing profit margins.

  • Banking Restrictions: Many cannabis businesses operate in cash due to federal banking restrictions, making it difficult to manage finances effectively.

  • High Operational Costs: From cultivation to distribution, the costs associated with running a cannabis business can be prohibitively high.

 

The Rise of Distressed Businesses

 

As these challenges mount, many marijuana businesses find themselves in precarious financial positions. Companies that once thrived may now be struggling to meet operational costs or repay debts. This creates a landscape ripe for investors looking for opportunities to acquire distressed assets at favorable prices.

 

Types of Distressed Businesses

 

Investors interested in the cannabis sector should be aware of the various types of distressed businesses available for acquisition:

 

1. Cultivation Facilities: These businesses may have excess inventory or face operational inefficiencies that hinder profitability.

2. Retail Dispensaries: With increased competition, some dispensaries may struggle to attract customers or maintain profitability.

3. Manufacturers: Companies producing cannabis-infused products may face challenges related to supply chain disruptions or regulatory compliance.

4. Ancillary Businesses: Companies providing services or products to the cannabis industry—such as packaging, security, or consulting—may also experience distress if their clients are struggling.

 

Evaluating Potential Acquisitions

 

When considering an investment in a distressed marijuana business, it is crucial to conduct thorough due diligence. Here are key factors to evaluate:

 

 

  • Balance Sheets: Review financial statements to assess assets, liabilities, and equity.

  • Cash Flow Analysis: Understand cash flow patterns to determine whether the business can sustain operations.

  • Debt Levels: Evaluate existing debt obligations and repayment schedules.

 

 

  • Management Team: Assess the experience and track record of the management team in navigating challenges within the cannabis sector.

  • Supply Chain Resilience:  Investigate supply chain relationships and potential vulnerabilities.

  • Facility Conditions: Inspect physical locations for compliance with regulations and operational efficiency.

 

 

  • Licensing Status: Confirm that all necessary licenses are in place and up-to-date.

  • Legal Issues: Investigate any pending legal matters that could impact operations or financial stability.

  • Compliance History: Review past compliance issues with state regulations that could pose future risks.

 

Risks Involved

 

While there are substantial opportunities within distressed marijuana businesses, investors must also be aware of the risks involved:

 

 

The cannabis market is still relatively young and can be highly volatile. Prices for cannabis products can fluctuate dramatically based on supply and demand dynamics. Investors should be prepared for potential downturns that could affect profitability.

 

 

Changes in legislation can have immediate impacts on business operations. For instance, if a state decides to impose stricter regulations or taxes on cannabis sales, it could significantly affect profit margins.

 

 

Distressed businesses often have underlying operational issues that may not be immediately apparent. These could include outdated technology, ineffective marketing strategies, or poor customer service practices.

 

 

Investing in a distressed business can carry reputational risks if the company has been associated with legal troubles or poor business practices. It is essential to consider how these factors might affect your brand as an investor.

 

Strategies for Success

 

For those willing to navigate the complexities of investing in distressed marijuana businesses, several strategies can enhance the likelihood of success:

 

 

A well-defined business plan is essential for guiding operations post-acquisition. This plan should address:

 

  • Operational Improvements: Identify areas where efficiencies can be gained.

  • Market Positioning: Develop strategies for differentiating from competitors.

  • Financial Projections: Create realistic forecasts based on thorough market analysis.

 

 

Assembling an experienced management team with expertise in both cannabis operations and turnaround strategies is critical. This team should possess a deep understanding of regulatory requirements and market dynamics.

 

 

Given the regulatory complexities surrounding cannabis businesses, maintaining strict compliance is paramount. Establishing robust compliance protocols can help mitigate legal risks and foster positive relationships with regulators.

 

 

Leveraging insights from industry experts can provide valuable perspectives on market trends and operational best practices. Consider forming advisory boards or partnerships with experienced professionals in the cannabis sector.

 

 

Staying informed about emerging trends within the cannabis industry is essential for making strategic decisions. This includes keeping an eye on consumer preferences, technological advancements, and shifts in regulatory landscapes.

 

Case Studies of Successful Turnarounds

 

To illustrate how investors can successfully navigate distressed marijuana businesses, consider these case studies:

 

 Case Study 1: GreenLeaf Cultivation Co.

 

GreenLeaf Cultivation Co., once a leading producer of organic cannabis products, faced significant financial difficulties due to oversupply in its region. After being acquired by a private equity firm specializing in distressed assets, GreenLeaf underwent a comprehensive restructuring process.

 

The new management team focused on streamlining operations by reducing overhead costs and optimizing cultivation techniques. They also rebranded the product line to appeal to health-conscious consumers. Within two years, GreenLeaf returned to profitability and expanded its market presence through strategic partnerships with local dispensaries.

 

Case Study 2: Urban Buds Dispensary

 

Urban Buds Dispensary struggled with declining sales amid increasing competition from new entrants in its market. After being acquired by an investor group with experience in retail turnaround strategies, Urban Buds implemented several key changes.

 

The new owners revamped the store layout to enhance customer experience and introduced loyalty programs to retain existing customers while attracting new ones. They also invested in targeted marketing campaigns highlighting unique product offerings. As a result, Urban Buds saw a 50% increase in sales within one year.

 

Conclusion

 

The landscape of distressed marijuana businesses presents both significant opportunities and formidable challenges for investors willing to engage with this complex sector. While potential returns can be substantial for those who navigate these waters wisely, it is crucial to approach such investments with caution. By conducting thorough due diligence, understanding market dynamics, focusing on compliance, and implementing effective turnaround strategies, investors can position themselves for success in this evolving industry. As the legal cannabis market continues to mature, those who are prepared will find that opportunities abound—but only for those who are willing to tread carefully through its intricacies.

 

WHERE IS THE BOTTOM IN THE CANNABIS INDUSTRY, READ ON…

WHEN IS THE BOTTOM IN THE CANNABIS INDUSTRY

WHEN WILL THE CANNABIS INDUSTRY HIT A BOTTOM? HERE IS WHEN!



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Global Cannabis Spotlight: The Czech Republic’s Psychomodulatory Substances Law

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Last year, I attended an Expert Seminar in Amsterdam on Cannabis Regulation, EU Drug Law, Trade Rules, and the UN Drug Control Treaties. A central topic focused on advancing full cannabis legalization while complying with EU law and international Drug Treaties. During the discussion, Czechia presented its three-pillar approach to cannabis regulation: (1) decriminalization (in 2010, Czechia decriminalized cultivating up to five plants and possessing up to half an ounce of marijuana); (2) regulation of “psychomodulatory substances”; and (3) full commercial regulation. Like Germany, Malta, and Luxembourg, Czechia’s approach relies on scientific evidence. It shows that regulation, rather than prohibition, better protects children and society’s health, safety and welfare.

What is the Psychomodulatory Substances Law?

The law and related rules (effective on July 1, 2025), creates a new category of psychoactive substances with acceptable health risks. The current list includes four substances: low-THC cannabis extracts and tinctures (≤1% THC), kratom, and kratom extract. Other substances, like Hexahydrocannabinol (HHC), could be added if research shows their low health risks after two years. To be included, substances must prove they don’t pose significant public health or societal risks.

HHC faces hurdles in gaining approval. Czechia previously sought to ban HHC products in 2024. Additionally, the global community is still evaluating the substance. Last year, the WHO completed its review of HHC. Many expect the UN Commission on Narcotic Drugs to schedule it under the 1971 Convention. While cannabis is listed under the 1961 Single Convention, “industrial hemp” is excluded. This creates a legal loophole for low-THC hemp programs.

In Czechia, cannabis with less than 1% THC is classified as “technical hemp.” This classification has led to a legal grey area, increasing illicit-market activity. The Psychomodulatory Substances Law aims to curb illicit market influence by providing regulated access through licensed operators. This will help protect children, adolescents and adult consumers.

Once added to the list, psychomodulatory substances can be sold to adults (18+) for human consumption. Retail sales will begin in specialized stores by mid-2025. However, EU food and cosmetic laws prevent these substances from being sold in finished food products or cosmetics. Commercial operators will need permits to ensure compliance with regulations and local municipalities can impose their own usage restrictions.

Regulating instead of prohibiting ensures safer, quality-controlled products. This protects vulnerable groups. The law seeks to balance public health protections with Czechia’s obligations under international drug conventions and EU law. Czechia believes its approach aligns with its international commitments and the EU’s free movement of goods.

Legal regulation

Many hoped for full legalization of commercial cannabis. EU and international law create barriers the Czech government is unwilling to challenge. As more quasi-legal programs emerge across Europe, pressure may build on the EU to adjust its laws, allowing for fully regulated commercial cannabis sales. Until then, scaled-back approaches like Czechia’s psychomodulatory substances law will help fill the gap.

Conclusion

Czechia’s regulatory framework aims to reduce illicit market activity while prioritizing public health and welfare. It is not the first EU country to explore alternatives to full cannabis legalization and it likely won’t be the last. Despite a conservative government, Czechia balances traditional views with evidence that regulation, not prohibition, is the best approach. As seen in the U.S., low-THC legalization can create a robust market. It can also lead to unintended consequences, like unregulated intoxicating hemp products.

Since Czechia’s law does not allow ready-to-eat low-THC products, it remains unclear whether the country will face the same challenges seen elsewhere. While illicit market activity in cannabis extracts and tinctures will likely decrease, demand for ready-to-eat, low-THC products may rise. Until countries regulate the entire supply chain—from seed to sale (including ready-to-eat products and high-THC marijuana)—it will remain difficult to eliminate illicit market influence. Czechia operates within the constraints of EU and international law. This hinders EU members from implementing fully legalized commercial cannabis programs. As a result, the illicit market will continue to fill any gaps left by these limitations.



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Spray CBD to Control Mosquitoes Instead of Pesticides?

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CBD For Pest Control?? New Study Shows CBD Is Effective In Killing Larvae Of Yellow Fever Mosquitoes

 

Dengue. Chikungunya. Zika virus. Yellow fever. West Nile disease.

 

If you know what these words mean, you know how much fear these words can incite. All of these words are the names of mosquito-borne diseases that are so dangerous they could be fatal, without early treatment and diagnosis. They can all be transmitted by the yellow fever mosquito, also known as the Aedes aegypti.

 

Yellow fever mosquitoes can live in any tropical or subtropical, as well as some temperate climates near human residences. There are many ways humans can inhibit the proliferation of these mosquitoes, particularly targeting a reduction or total elimination of eggs and larvae in human dwellings. However, it’s just as important to wear insect repellent too.

 

Unfortunately, we are yet to find a way to completely eliminate yellow fever mosquitoes. But this may be something that cannabis can help with too. Yes,  you read that right: weed!


Cannabidiol (CBD) was recently featured in a publication called Insects documenting a study where hemp-derived CBD was found to be effective in killing yellow fever mosquito larvae. One of these two species studied was resistant to insecticides, yet, the researchers found that using pulverized and air-dried hemp leaves could be used to create a potent methanol concentration. The methanol was eventually removed in order to make it easier to analyze, and it was then fed to the mosquito larvae with its food. Then, it was discovered that the solution could kill these insects in 48 hours.

 

Erick Martinez Rodriguez, the study’s lead author and an entomology graduate student, told Ohio State News: “Mosquitoes are one of the deadliest animals in the world, mainly because as adults they serve as vectors of disease.”

“If you compare the amount of hemp extract needed to kill 50% of the population to other synthetic conventional insecticides, it is on the high side, but when you compare it side-by-side to other natural extracts we have tested in our lab, only a relatively low amount is required to produce high mortality values in larvae,” Rodriguez disclosed in the interview.

 

It’s also good to note that hemp is a sustainable crop, so compared to other plant-based insecticides, it could be a good choice and produced economically, adds Rodriguez.

 

“CBD is a compound that appears to be safe for people and our companion animals to ingest,” explains Peter Piermarini, the study’s co-author and an entomology professor at Ohio State University. “It’ll be interesting to learn more about how CBD interacts with various proteins in mammals and insects to understand why it’s safe for people but not insects,” he added.

 

Other Studies

 

This isn’t the first time that cannabis has been studied for its potential applications as an insecticide. According to a recent scientific review from researchers at the Universidade do Sul de Santa Catarina together with investigators at the Universidade Estadual de Sao Paolo in Brazil analyzed the impacts of cannabis on the eggs, larvae, pupae, and even adult vector insects including 4 mosquito species and one type of flea using existing studies.


The researchers said the results revealed the potential insecticidal effects of cannabis in the form of nanoemulsions, extracts, and essential oils. “Different cannabis formulations showed an insecticidal effect on the developmental stages of five species of medically important insects,” read the report. “The larval phase was  the most studied; it was approached in all the articles reviews and taking into account all the Cannabis formulation formats,” the authors said.

 

The findings further cement the fact that cannabis should be explored much further as a natural, safe insecticide especially for targeting dangerous insects that can cause life-threatening disease to humans.

“However, we ought to clarify that despite the reported Cannabis insecticidal action on this insect vectors’ stage of development, there are still few studies that have approached the effect of this plant on the vectors’ larval stage that would allow an effective conclusion considering each formulation,” they wrote.

 

Meanwhile, researchers have also looked into the potential use of cannabis as a pesticide. Cornell University investigators from the School of Integrative Plant Science (Cornell AgriTech’s College of Agriculture and Life Sciences or CALS)  discovered that a high concentration of cannabinoids from hemp leaves may have deterred insects chewing it, compared to other leaves that had less cannabinoids.

 

According to Larry Smart, a CALS professor and plant breeder, there’s a great lack of studies looking into why cannabis plants evolved to contain over 100 unique cannabinoids. “It has been speculated that they are defensive compounds, because they primarily accumulate in the female flowers to protect seeds, which is a fairly common concept in plants,” Smart explained. “But no one has put together a comprehensive set of experimental results to show a direct relationship between the accumulation of these cannabinoids and their harmful effects on insects,” he said.

 

When Cornell University began their hemp breeding program in 2017, that’s when the researchers observed a strange phenomenon: hemp from Ukraine, which didn’t produce cannabinoids, were far more vulnerable to being eaten by Japanese beetles. However, other hemp varieties that did produce cannabinoids didn’t have the same results. “In the absence of cannabinoids, we saw heavy insect damage, and in the presence of cannabinoids, we saw much less damage,” Smart said.

 

Conclusion


While we do need more studies on the subject, it’s clear that this is an angle worth exploring. Cannabis and hemp in general have shown to be effective in killing pests, especially the larvae of mosquitoes that transmit potentially fatal diseases. Aside from being effective, cannabis is also a much more cost-effective and environmentally-friendly solution.

 

PESTICIDES AND CANNABIS, READ ON…

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HOW TO GROW PESTICIDE FREE CANNABIS WITHOUT BUGS!



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