Cannabis News
Publicly Traded Cannabis Company Plans $500M (!) EB-5 Raise (!!)
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2 years agoon
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Cannabis and business immigration don’t mix. Or at least that’s the conservative guidance we often give clients that come to us with that question. That’s not because a particular investment may not be sound, rather because federal law creates inherent conflicts between immigration eligibility and participating in a cannabis venture.
Kate Robertson at MJBizDaily reported on March 1, on a first of its kind development in the space. Bright Green Corp., a publicly traded company on the Nasdaq exchange is planning to raise half a billion dollars in foreign capital through the U.S. EB-5 program. At first blush, that seems patently insane. But, there are a few important aspects of Bright Green’s proposal and 2022 EB-5 regulations that, at least in principal, make it more of a wildly risky gambit.
Cannabis and immigration
U.S. Immigration law is contained in the Immigration and Nationality Act (“INA”). The INA is federal law and administered by the U.S. Citizenship and Immigration Services (“USCIS”). Similarly, in spite of dozens of states enacting legislation that allows for recreational or medicinal use of cannabis, it remains federally illegal to possess, produce, and sell under the Controlled Substances Act (“CSA”) as a schedule I substance. The INA contains many penalties and bars to U.S. admissibility for violating federal law, including the CSA. Among them are bars to admissibility to the U.S. in the first instance and bars to being able to naturalize as a citizen down the road. For analysis of cannabis and naturalization, see Canna Law Blog posts here and here.
The INA provides that a person who is or has been a knowing aider, abettor, etc. in the illicit trafficking of any controlled substance under the CSA is inadmissible to the U.S. This begs the question: is it the case that an investment in a cannabis business makes a person an “aider, abettor, conspirator” of trafficking in an illicit substance? Not necessarily. Most lawyers would likely say that an active investment, meaning also having a role in running the cannabis business would violate the INA. On the other hand, some may say that a passive investment (not having an active role in running the business) would not. In either case, we rarely get to this analysis because lawful residence in the U.S. is the goal for most immigrant investors. Rolling the dice on an investment with questionable approvability is often an untenable risk.
This might make one wonder, why would Bright Green try to raise capital through investment immigration in the U.S., if there is substantial risk the investment may not be approved in the first place?
EB-5 and cannabis immigration
The answer requires a brief discussion of EB-5. The INA contains an immigrant investor program at 8 USC § 1153(b)(5) that allows foreign nationals to apply for permanent residence by making a minimum investment in a new commercial enterprise in the U.S. that creates or preserves 10 full time jobs as a result. The program, known as “EB-5”, is much more complex but for or purposes here that will do. The EB-5 program has since its creation yielded tens of billions in foreign investment to the U.S. and likewise created or preserved hundreds of thousands of jobs for U.S. workers.
In March of 2022, the EB-5 Reform and Integrity Act (“RIA”) was passed. The RIA contains much needed investor protection provisions and creates a stricter compliance and reporting regime for EB-5 project offerors and regional centers. Regional centers are USCIS approved economic entities that are now required to sponsor any EB-5 project with multiple investors (like Bright Green’s proposed project).
Regional centers now must submit applications called I-956F forms (formerly a voluntary “exemplar” filing) to USCIS before individual investors may file visa petitions. This filing must contain among other things extensive information and certifications about the offeror of the securities, the investment project manager, and all of the offering and investment documentation provided to investors. The filing contains every piece of information USCIS will scrutinize to determine project eligibility for purposes of EB-5 law. If USCIS approves an I-956F filing, that approval “shall be binding for purposes of the adjudication of subsequent petitions [filed by] immigrants investing in the same offering.” Before the RIA this was called an “exemplar” filing.
For many investment offerors with non-traditional projects, getting investors to subscribe to the offering will likely require such pre-approval before offering it to prospective investors. As Kate Robertson pointed out in her article, this appears to be what Bright Green has done. Given that an EB-5 investment in a cannabis business is potentially disqualifying under the INA, the I-956F filing affords the Bright Green the opportunity to have USCIS review the filing and make a binding determination about its eligibility for purposes of EB-5 law before the offering. There is no chance any cannabis company, publicly traded or otherwise, could raise $500 million of foreign investor capital in the absence of pre-approval by USICS. But the question remains, is it approvable?
The Bright Green project
Bright Green states in its press release about the project that it has built a one million square foot greenhouse for an “agricultural complex to be the largest in the world for fully-integrated and federally compliant research and drug manufacturing”. EB-5 investor funds will be used for “for working capital requirements to operate its current greenhouse facilities in Grants, New Mexico”.
While “not yet fully complaint”, Bright Green already has a memorandum of agreement “approving” its operations to supply bulk cannabis to cannabis researchers from the U.S. Drug Enforcement Administration (“DEA”), the agency tasked with enforcing the CSA. In principal at least, if the EB-5 cannabis investment is solely supplying cannabis to approved, licensed researchers pursuant to preexisting DEA approval then that is not “trafficking in an illicit substance” under the INA. This is because it is not a violation of the CSA to produce and sell cannabis to federally approved researchers. The CSA does provide for this kind of production to researchers who have gone through its highly rigorous process of approval.
It should be noted, however, that the company would need more than just a DEA letter approving this proposal in order to actually implement its plan. Further, it’s not at all clear that federally approved researchers need the amount of cannabis that the company’s 1 million square foot facility could generate. For an excellent discussion of Bright Green’s “plan” and its attendant issues, see this Substack post from Shane Pennington and Matt Zorn. Now, it’s certainly possible that only some of the enormous facility will be used for DEA approved cannabis production and other parts of the facility for non-cannabis production of other agricultural products.
With that being said, political winds shape agency action and it’s possible that a conservative administration is victorious following the 2024 presidential election. If federal agency policy like the Stephen Miller crafted, Trump Era USCIS were to reemerge, the consequences for the investors in Bright Green’s project could be nightmarish. Consider if the head of the DEA were to revoke Bright Green’s approval to produce federally legal research cannabis. That would throw the project and therefore the investors’ immigration eligibility into question under any interpretation of the INA. That is to say nothing of the attitude towards legal immigration at USCIS, which has yet to recover from the damage done by the previous administration. It is certainly possible that whatever favorable treatment this project is receiving now from the U.S. government changes course in 2025. Adjudication of EB-5 visa petitions at USCIS is currently taking between 5-7 years, so whatever happens following 2024, it will impact investors in this project.
What’s next?
Bright Green’s raise is ambitious to say the least and its federal cannabis allowance seems dubious. But, if approved by USCIS it would be the first raise of its kind pairing immigration and cannabis. Still, the project’s approvability relies on the DEA’s allowance of the company’s operations under the CSA. If the project is approved by USCIS, that will not mean that immigrant investments in cannabis business writ large are likewise approvable. Our conservative advice on this issue will remain the same until federal cannabis reform takes place, irrespective of Bright Green’s project approval.
We will monitor developments on this prospective raise and all things cannabis and immigration here at the Canna Law Blog.
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Cannabis News
The Grinch Stole SAFE Banking from the Cannabis Industry This Christmas, Yet Again!
Published
8 hours agoon
December 22, 2024By
admin
The landscape of cannabis legislation in the United States has been a complex and evolving issue, particularly concerning banking regulations. As of December 2024, it has become official: the current Congress will not provide any protections for banks that serve state-legal marijuana businesses. This decision has significant implications for the cannabis industry, which continues to grow rapidly despite the lack of federal support. In this article, we will explore the reasons behind this decision, the implications for cannabis businesses, and the broader context of cannabis legalization in America.
The State of Cannabis Legalization
A Growing Industry
The cannabis industry has seen remarkable growth over the past decade. As of late 2024, 23 states and Washington D.C. have legalized recreational marijuana use, while 38 states allow medical marijuana. According to recent estimates, the legal cannabis market in the U.S. is projected to reach over $40 billion by 2025. This growth has been fueled by changing public perceptions of marijuana, increased advocacy for legalization, and significant tax revenues generated by state-legal cannabis sales.
The Banking Dilemma
Despite this rapid expansion, cannabis businesses face unique challenges, primarily due to their inability to access traditional banking services. Federal law classifies marijuana as a Schedule I controlled substance under the Controlled Substances Act. This classification creates a significant barrier for banks and financial institutions that wish to work with cannabis businesses, as they risk federal penalties for facilitating transactions related to an illegal substance.
As a result, many cannabis companies operate on a cash-only basis. This situation not only poses safety risks—such as increased theft and violence—but also limits these businesses’ ability to manage finances effectively, pay taxes electronically, and build credit histories.
Legislative Attempts at Reform
One of the most prominent legislative efforts aimed at addressing these banking issues is the Secure and Fair Enforcement (SAFE) Banking Act. First introduced in 2019, the SAFE Banking Act sought to provide protections for banks that serve legal cannabis businesses by preventing federal regulators from penalizing them for doing so.
The act garnered significant bipartisan support in both the House and Senate. In previous sessions of Congress, it passed multiple times in the House but faced hurdles in the Senate due to opposition from certain lawmakers who were concerned about broader implications of marijuana legalization.
In light of ongoing discussions about federal spending and budgetary priorities, advocates had hoped that some version of the SAFE Banking Act would be included in recent spending bills. However, during negotiations leading up to December 2024, a House committee led by Republicans removed any provisions related to marijuana banking protections from key spending legislation.
This decision reflects a broader trend within Congress where discussions around cannabis reform have become increasingly contentious. While there is still bipartisan support for certain aspects of cannabis legislation—particularly when it comes to medical use—more comprehensive reforms like banking protections have struggled to gain traction.
Implications for Cannabis Businesses
Continued Cash-Only Operations
The removal of banking protections means that many cannabis businesses will continue to operate primarily on a cash basis. This situation presents several challenges:
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Safety Risks: Cash-only operations make cannabis dispensaries and cultivation facilities prime targets for theft and robber Employees often have to handle large amounts of cash daily, increasing their risk of violence.
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Operational Inefficiencies: Without access to banking services, businesses cannot easily manage payroll or pay bills electronically. This inefficiency can lead to operational delays and increased costs.
Impact on Public Safety
Advocates argue that providing banking access would enhance public safety by reducing the amount of cash circulating within the community. By allowing cannabis businesses to deposit their earnings into banks, it would minimize the risks associated with cash transactions, making both employees and customers safer.
Moreover, having a transparent financial system would help law enforcement track illicit activities more effectively. Currently, without proper banking oversight, there are concerns that some cash-only operations may be involved in money laundering or other illegal activities.
Politics and Public Opinion
Changing Attitudes Toward Cannabis
Public opinion on marijuana legalization has shifted dramatically over recent years. According to various polls, a significant majority of Americans now support legalizing marijuana for both medical and recreational use. This shift has put pressure on lawmakers to address outdated federal policies regarding cannabis.
Despite this growing acceptance among the public, political divisions remain strong within Congress regarding how best to approach cannabis reform. Some lawmakers advocate for full legalization at the federal level, while others prefer a more cautious approach that prioritizes regulation over outright legalization.
The Role of Advocacy Groups
Advocacy groups play a crucial role in pushing for legislative change regarding cannabis banking protections. Organizations such as the National Cannabis Industry Association (NCIA) and Americans for Safe Access (ASA) have been vocal proponents of reforming banking laws to support state-legal cannabis businesses.
These groups have mobilized public support through campaigns highlighting the safety risks associated with cash-only operations and advocating for policies that promote financial inclusion for cannabis entrepreneurs.
Future Prospects for Cannabis Banking Reform
While current congressional efforts have stalled regarding marijuana banking protections, there are still potential avenues for reform:
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Incremental Reforms: Rather than pursuing comprehensive federal legislation like the SAFE Banking Act all at once, lawmakers may consider incremental reforms that address specific issues related to banking access without fully legalizing marijuana at the federal level.
The Role of Public Awareness
As public awareness about the challenges faced by cannabis businesses grows, there may be increased pressure on lawmakers to act decisively on this issue. Continued advocacy efforts can help ensure that banking reform remains a priority on Congress’s agenda.
Conclusion
The decision by Congress not to include marijuana banking protections in its current spending bill underscores ongoing tensions surrounding cannabis legislation in America. While public opinion increasingly favors legalization and reform, political divisions continue to hinder progress on critical issues such as banking access for state-legal marijuana businesses.
As the industry continues to grow despite these challenges, stakeholders must remain vigilant in advocating for change while exploring alternative solutions at both state and federal levels. The future of cannabis banking reform remains uncertain; however, with continued advocacy and public support, there is hope that meaningful progress can be made in addressing these pressing issues facing one of America’s fastest-growing industries.
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Cannabis News
HHC vs. Delta 9: Differences & Similarities
Published
2 days agoon
December 20, 2024By
admin
Cannabis has so many compounds, and two that have been making the rounds lately are HHC and Delta 9 THC. They’re not the same thing, even though they’re both cannabinoids that interact with the body’s endocannabinoid system. Some people want a mild, steady experience, while others might be looking for something more intense. Understanding these two can help you figure out what’s right for you.
What Is HHC?
HHC, short for hexahydrocannabinol, is a hydrogenated version of THC. It’s not something you’d find naturally in large amounts in cannabis plants. Instead, it’s made through a process that adds hydrogen molecules to THC. The result? A more stable compound that’s less prone to breaking down when exposed to heat or UV light.
How HHC Is Made
Think of it like a science experiment. HHC is usually created in a lab by taking Delta 9 or Delta 8 THC and using hydrogenation—basically, combining it with hydrogen under pressure and in the presence of a catalyst. This process changes its structure while keeping its effects somewhat similar to THC.
Common Uses and Effects of HHC
People who use HHC say it’s somewhere between Delta 8 and Delta 9 in terms of effects. It’s often described as relaxing but without being overly sedative. You might feel a light buzz, reduced stress, or mild euphoria. Some even claim it helps with discomfort or improving sleep, but solid research is still catching up. Since it’s less potent than Delta 9, it’s often favored by those who want a manageable experience without the strong psychoactive punch.
If you’re interested in trying HHC and Delta 9 for yourself, check out their wide range of products at trycandycloud.com. They’ve got everything from gummies to disposable vapes, all crafted for a smooth experience.
What Is Delta 9 THC?
Delta 9 THC is the main psychoactive compound in cannabis. It’s the reason you feel “high” when you use weed. Chemically speaking, Delta 9 has a double bond in its ninth carbon chain, which plays a big role in how it interacts with your brain.
Natural Occurrence in Cannabis
This one is straightforward: Delta 9 is found in high concentrations in marijuana plants. It’s what most people think of when they hear “THC.” Unlike HHC, there’s no need for a lab process—it’s already there. Hemp plants, however, contain much lower levels of Delta 9 THC, which is why it’s primarily extracted from marijuana.
Common Uses and Effects of Delta 9 THC
The effects of Delta 9 are well-documented. Depending on the dose, you might feel euphoria, increased appetite, or deep relaxation. For medical users, it’s often used to manage chronic pain, nausea, and other conditions. It’s also been studied for its potential benefits in anxiety relief, though higher doses might have the opposite effect, causing paranoia. Delta 9 THC is versatile, but it’s not without its risks, particularly for new users or those sensitive to its psychoactive effects.
Key Differences Between HHC and Delta 9 THC
Chemical Structure and Composition
The main difference is in their structure. Delta 9 THC has that iconic double bond, while HHC’s hydrogenation makes it more stable. This difference might not mean much to the average person, but it’s why HHC is less likely to degrade over time.
Potency Levels
Delta 9 THC is generally more potent. HHC might require a higher dose to get a comparable effect, but some people prefer its lighter touch. Potency differences can also depend on the method of consumption, with edibles typically providing a stronger, longer-lasting effect compared to vaping or smoking.
Duration of Effects
Both last a few hours, but some users report that HHC’s effects fade more gradually. Delta 9, on the other hand, can have a sharper comedown. HHC’s gradual fade makes it appealing for those who want a smooth end to their experience.
Benefits and Drawbacks of HHC and Delta 9 THC
HHC: Pros and Cons
Pros:
- More stable, so it lasts longer on the shelf.
- Effects are milder, making it less overwhelming for beginners.
- Can be a functional option for daytime use.
Cons:
- Limited research, so we don’t know its full impact yet.
- Availability can be hit or miss depending on where you live.
- Legal gray area in many regions.
Delta 9 THC: Pros and Cons
Pros:
- Well-studied with established medical uses.
- Widely available in areas where cannabis is legal.
- Stronger effects make it ideal for experienced users or those with high tolerance.
Cons:
- Higher chance of side effects like anxiety.
- More likely to show up on drug tests.
- Shorter shelf life compared to HHC.
Frequently Asked Questions (FAQ)
Q. Is HHC safer than Delta 9 THC?
Not enough research exists to say definitively, but HHC’s milder effects might make it feel safer to some users.
Q. Will HHC or Delta 9 THC show up on a drug test?
Yes, both can potentially show up on a drug test, so use with caution if that’s a concern.
Q. Which one is better for recreational use?
That depends on your preferences. HHC is great for a mellow time, while Delta 9 is better if you’re looking for something more intense.
HHC vs. Delta 9: Choosing the Right One for You
The choice comes down to what you’re after. If you want a milder, more laid-back experience, HHC might be a good option. On the other hand, if you’re looking for something stronger or need it for medical reasons, Delta 9 is the way to go. It also depends on what’s legal and available where you are. And always consider your tolerance levels and experience before diving in. If you’re unsure, consult with a knowledgeable dispensary staff.
Resources:
Cannabis News
What Federally Illegal Drug Has Created Almost $10 Billion in Sales Tax Revenue for States in the Last 40 Months?
Published
2 days agoon
December 20, 2024By
admin
In a significant development for the burgeoning cannabis industry, the U.S. Census Bureau has reported that states across the nation have collectively amassed over **$9.7 billion** in tax revenue from marijuana sales since mid-2021. This figure underscores the economic impact of legalized cannabis and highlights the growing acceptance of marijuana as both a recreational and medicinal substance in various states. As more states move toward legalization, the financial implications both positive and negative are becoming increasingly evident.
The Landscape of Cannabis Legalization
The journey toward cannabis legalization in the United States has been long and complex. Initially criminalized in the early 20th century, cannabis began to regain acceptance in the late 20th century, particularly for medical use. The first state to legalize medical marijuana was California in 1996, setting a precedent that many states would follow.
By 2012, Colorado and Washington became the first states to legalize recreational cannabis, paving the way for a wave of legalization efforts across the country. As of now, more than 20 states have legalized recreational marijuana, while over 30 states allow medical use. This shift reflects changing public attitudes toward cannabis and recognition of its potential benefits.
Economic Implications of Legalization
The legalization of cannabis has not only transformed social norms but has also created a substantial economic impact. States that have embraced legalization have seen significant increases in tax revenue, job creation, and investment opportunities.
According to the latest Census Bureau report, states like California, Colorado, Illinois, and Michigan have emerged as leaders in cannabis tax revenue generation. These states have implemented various tax structures on marijuana sales, including excise taxes, sales taxes, and local taxes. The revenue generated is often earmarked for essential public services such as education, healthcare, infrastructure improvements, and drug rehabilitation programs.
Breakdown of Tax Revenue by State
As the largest legal cannabis market in the United States, California has been at the forefront of marijuana tax revenue generation. Since mid-2021, California has contributed approximately $2.5 billion to state coffers from cannabis taxes. This revenue is derived from both recreational and medical marijuana sales.
California’s tax structure includes a 15% excise tax on retail sales, along with local taxes that can vary significantly by city and county. The state has allocated a portion of these funds to various programs aimed at addressing issues related to drug abuse and public health.
Colorado was one of the pioneers in cannabis legalization and continues to serve as a model for other states. Since mid-2021, Colorado has generated around $1.8 billion in tax revenue from marijuana sales. The state imposes a 15% excise tax on wholesale marijuana transactions and a 2.9% sales tax on retail sales.
The revenue generated from cannabis taxes has been instrumental in funding education initiatives through the Public School Fund, as well as supporting mental health programs and substance abuse treatment services.
Illinois has seen remarkable growth in its cannabis market since legalizing recreational use in January 2020. In just two years, Illinois has collected approximately $1 billion in tax revenue from marijuana sales. The state imposes a tiered excise tax based on the potency of the product, ranging from 10% to 25%.
The funds collected are allocated to various initiatives, including community reinvestment programs aimed at addressing social equity issues related to past drug enforcement practices.
Michigan’s cannabis market has also flourished since legalization. Since mid-2021, Michigan has generated about $700 million in tax revenue from marijuana sales. The state’s tax structure includes a 10% excise tax on recreational marijuana and a 6% sales tax.
The revenue is utilized for various purposes, including education funding and support for local governments impacted by legalization.
Broader Economic Impact
The legalization of cannabis has led to significant job creation across various sectors. According to industry reports, the legal cannabis market supports hundreds of thousands of jobs nationwide—from cultivation and processing to retail and distribution. As more states legalize marijuana, this trend is expected to continue.
With the growth of the legal cannabis industry comes increased investment opportunities. Entrepreneurs are entering the market at an unprecedented rate, leading to innovations in product development, marketing strategies, and distribution channels. This influx of investment not only benefits individual businesses but also stimulates local economies.
Social Equity Considerations
While the financial benefits of cannabis legalization are clear, it is essential to address social equity issues that arise alongside this new industry. Many states have recognized that communities disproportionately affected by past drug enforcement policies should benefit from legalization efforts.
States like Illinois have implemented community reinvestment programs that allocate a portion of cannabis tax revenues to support communities impacted by previous drug laws. These funds can be used for education initiatives, job training programs, and mental health services—aiming to rectify historical injustices associated with cannabis prohibition.
In addition to financial support for communities affected by past policies, some states are also working to create equitable licensing opportunities for individuals from those communities. By prioritizing applications from minority-owned businesses or those directly impacted by previous drug laws, states can foster a more inclusive cannabis industry.
Challenges Ahead
Despite the significant progress made through legalization efforts, challenges remain on both state and federal levels.
Federal Legalization Uncertainty
One major hurdle is the ongoing conflict between state and federal laws regarding cannabis. While many states have legalized marijuana for recreational or medical use, it remains classified as a Schedule I substance under federal law. This discrepancy creates complications for businesses operating legally at the state level but facing potential federal prosecution.
Efforts toward federal legalization or decriminalization have gained traction recently; however, progress remains slow due to political divisions and differing opinions on drug policy reform.
Regulatory Hurdles
As more states enter the legal cannabis market, regulatory frameworks must evolve to ensure consumer safety while promoting fair competition among businesses. States face challenges related to product testing standards, labeling requirements, advertising restrictions, and taxation policies that can impact market dynamics.
Conclusion
The U.S. Census Bureau reports that states have collected over $9.7 billion in marijuana tax revenue since mid-2021, highlighting the significant economic impact of cannabis legalization. As public acceptance grows, more states are likely to pursue legalization. Despite ongoing challenges, including federal regulations and social equity issues, legalized cannabis is poised to remain a vital part of state economies. Collaboration among government officials, business leaders, and community advocates will be essential for fostering an equitable and sustainable cannabis industry. This evolving landscape not only presents economic growth opportunities but also addresses historical injustices tied to drug policy enforcement, shaping the future of cannabis legislation in the U.S.
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