CBD OIL

Editor’s note: This is an updating story.

The United Nations Commission for Narcotic Drugs (CND) voted narrowly Dec. 2 to remove medicinal cannabis from Schedule IV of a 1961 treaty on narcotic drugs.

The CND, an organization based in Vienna with members from 53 different countries, voted on six different cannabis-related recommendations presented by the World Health Organization (WHO). Those recommendations outlined protocol for internationally regulating the medical use of different parts of the plant, including cannabis as a whole, cannabidiol (CBD) and tetrahydrocannabinol (THC). (Kenzi Riboulet-Zemouli, a Barcelona-based independent researcher and cannabis advocate, has a breakdown of what each recommendation would do on his blog.) 

During its meeting Dec. 2, the CND also voted not to approve a recommendation from WHO to schedule medical CBD, leaving it outside of treaty controls. 

However, the vote to classify cannabis remained the main topic of the meeting. The CND voted 27-25 to reclassify both cannabis and cannabis resin for medicinal purposes from Schedule IV to Schedule I, removing them from being regulated like some of the world’s most dangerous drugs, the New York Times reports. (The CND’s scheduling system works in an opposite sequence when compared to the U.S. Controlled Substances Act.)

Experts say this move could not only improve accessibility to medical cannabis across the world, but also affirms international support of scientific evidence on cannabis as a medicine.

“The removal from Schedule IV is … phenomenal news for millions of patients around the world and a historical victory of science over politics,” Riboulet-Zemouli says in a press release.

However, accessibility still depends on individual countries’ laws, as each member of the UN still holds the power to determine its own cannabis regulations.

As Joshua Horn and Jonathan Dolgin of  Fox Rothschild LLP write on Cannabis Business Times, the U.S. has proven to have an influential role in the international drug regulations, and its vote for the reclassification could signify a move toward cannabis decriminalization or all-out legalization.

“If I had to predict, I think the lower hanging fruit in this country to address is further decriminalizing cannabis as opposed to removing it altogether tomorrow from [the Controlled Substances Act],” Horn tells Cannabis Business Times and Hemp Grower.

It’s important to note that the CND was only voting on cannabis and its derivatives that are used for medicinal purposes. Recreational marijuana and CBD added to food, topicals and dietary supplements were not subject to CND’s vote.

 

For the cannabis industry, Q3 2020 marked somewhat of a return to normalcy. Most multi-state operators (MSOs) saw an increase in both net and gross revenue, while also reigning in costs. And while a Democratic victory in November’s election is bringing some optimism to the field, experts and industry execs agree there is still a long road ahead to market maturity.

Cannabis Business Times and Cannabis Dispensary spoke with leadership at the industry’s largest companies for a snapshot of this quarter’s results and the industry’s position as a whole moving into the final quarter of 2020.

Green Thumb Industries (GTI)

Chicago, Ill.

Q3 Revenue: $157.1 million (131.1% year-over-year increase) 

Net Income: $9.6 million adjusted net income

Highlights:

Green Thumb continued strong business in its home state of Illinois as well as New Jersey, Pennsylvania and Ohio. After a slight decline in Massachusetts and Nevada following the initial COVID-19 outbreak, GTI’s revenues in those states have rebounded. 

For the first time in its history, the MSO that owns 50 retail locations in ten different states also posted a positive net income.

“The third quarter was an excellent quarter for Green Thumb,” said Ben Kovler, CEO of GTI. “We are poised to further benefit from the strong tailwinds driving a robust, multi-billion-dollar marketplace.” Kovler also pointed to the company’s strong position in New Jersey—where voters overwhelmingly approved legalization in the election—as a corporate asset in the coming years. 

“New Jersey is great news for us as we think that legal market has the potential to mirror Illinois—a single state, multi-billion dollar legal cannabis market about to be born,” Kovler said.

Other notable quarterly activities included the expansion of the company’s popular incredibles brand in Illinois, Nevada and Maryland, progress on construction of a new plant in Oglesby, Illinois, and the opening of GTI’s 13th store in Pennsylvania and eighth store in Illinois.

To help advance equity in cannabis, Green Thumb continued to promote and develop its License Education Assistance Program (LEAP) New Business Accelerator, a social equity program designed to improve access to the industry for people in Illinois disproportionately impacted by prohibition.

Acreage Holdings

New York, N.Y.

Q3 Revenue: $31.7 million (42% year-over-year increase)

Net Income: $14.3 million adjusted net loss

Highlights:

Acreage is an MSO concentrated heavily across the Northeast, with retail locations in New York, New Jersey, Rhode Island, Massachusetts and Connecticut. Now that Americans have grown somewhat accustomed to the impact of COVID-19, the company saw rebounding numbers—partner revenue increased 79% year-over-year in Q3, while same-store sales growth for managed entities came in at 22%.

“Operational excellence led to improved financials and a stronger balance sheet,” said Bill Van Faasen, Acreage’s interim CEO. “Our core profitability is in sight in the first half of 2021. Much work remains, but we are absolutely on the right path both short and long-term.”

Acreage also has a strong position in New Jersey—it closed on the purchase of the Compassionate Care Foundation, a major vertically-integrated cannabis company that operates multiple medical cannabis dispensaries in the Garden State and one of the state’s largest grows. 

But arguably the largest event on the horizon for Acreage—an already-agreed-to merger with Canopy Growth to occur as soon as the U.S. federally legalizes cannabis—is still shrouded in an uncertain timeline. President-elect Joe Biden is expected to loosen legal restrictions on cannabis but stop short of full legalization, raising the possibility that the Acreage-Canopy merger may be four more years away, at minimum. 

Additionally, Seeking Alpha reported Acreage’s “lack of scale in any individual state” could be a hindrance to its performance going forward, pointing out that the company had just one or two locations in major markets like Florida, Massachusetts and Illinois. 

Canopy Growth

Smiths Falls, ON

Q3 Revenue (Q2 2021 in Canada): $124 million (CAD, 39% year-over-year increase)

Net Income: $96.6 million net loss

Highlights:

In Q3, Canopy Growth continued its dominance of the Canadian cannabis industry. Its well-publicized 2020 strategic adjustment following some corporate downsizing earlier in the year seems to have paid off—according to internal numbers, the Ontario giant increased its market share in the Canadian recreational market by 200 basis points.

“In Canopy Growth’s second quarter, we saw our renewed strategy come to life as momentum built across key businesses,” said David Klein, CEO of Canopy Growth, in an email. “We established the leadership position in the cannabis-infused beverage segment with over 2 million units shipped since March, grew our market share in the flower category, and opened nine new retail stores in Alberta.”

Canopy’s dominance in the beverages sector is not much of a surprise when you consider its backers. In 2017, beverage conglomerate Constellation Brands purchased a 10% stake in Canopy. Earlier this year, Constellation—which also owns major alcohol brands like Corona, Modelo, and Svedka—upped its equity in Canopy to 38.6%, with the option to increase it to over 55%.

But while Canopy continues to dominate up north, questions about its access to the U.S. cannabis market remain. Though it has a new online store to sell CBD to Americans—including a popular line sponsored by Martha Stewart—Canopy doesn’t have the same iron-clad grip on the market in the states. 

In an effort to further penetrate the U.S. industry, Canopy announced in October that Acreage Holdings would be marketing its THC beverages at recreational shops in Illinois and California. Canopy also owns the sports nutrition brand BioSteel, which recently finalized distribution agreements allowing it to offer electrolyte-filled sports drinks to 100% of the American market by 2021.

The United Nations Commission for Narcotic Drugs, based in Vienna, Austria, voted to remove cannabis for medical use from its Schedule IV status, the strictest drug classification where dangerous drugs like heroin are listed.

The vote comes after the World Health Organization  submitted a number of recommendations to the commission regarding cannabis, all of which were rejected except for the Schedule IV removal, according to Kyle Jaeger at Marijuana Moment. The WHO first issued their recommendations to change the status of cannabis last year in 2019.

Dirk Heitepriem, vice president at Canopy Growth, told the New York Times the vote is a huge step forward. “We hope this will empower more countries to create frameworks which allow patients in need to get access to treatment,” says Heitepriem.

The much-delayed vote was close, with 27 in favor and 25 against, and Ukraine abstaining, but support from the United States was pivotal in getting it passed. Still though, the vote is largely symbolic – it doesn’t necessarily clear the way for countries to start legalizing cannabis and governments can still classify cannabis how they see fit.

The vote does, however, provide an important foot-in-the-door moment for cannabis advocates and businesses around the world. The commission’s decision to remove cannabis from Schedule IV means that the UN recognizes cannabis as an effective medicine, opening the door to future progress on the international level and possibly opening research opportunities along the way.

For the cannabis industry, Q3 2020 marked somewhat of a return to normalcy. Most multi-state operators (MSOs) saw an increase in both net and gross revenue, while also reigning in costs. And while a Democratic victory in November’s election is bringing some optimism to the field, experts and industry execs agree there is still a long road ahead to market maturity.

Cannabis Business Times and Cannabis Dispensary spoke with leadership at the industry’s largest companies for a snapshot of this quarter’s results and the industry’s position as a whole moving into the final quarter of 2020.

Green Thumb Industries (GTI)

Chicago, Ill.

Q3 Revenue: $157.1 million (131.1% year-over-year increase) 

Net Income: $9.6 million adjusted net income

Highlights:

Green Thumb continued strong business in its home state of Illinois as well as New Jersey, Pennsylvania and Ohio. After a slight decline in Massachusetts and Nevada following the initial COVID-19 outbreak, GTI’s revenues in those states have rebounded. 

For the first time in its history, the MSO that owns 50 retail locations in ten different states also posted a positive net income.

“The third quarter was an excellent quarter for Green Thumb,” said Ben Kovler, CEO of GTI. “We are poised to further benefit from the strong tailwinds driving a robust, multi-billion-dollar marketplace.” Kovler also pointed to the company’s strong position in New Jersey—where voters overwhelmingly approved legalization in the election—as a corporate asset in the coming years. 

“New Jersey is great news for us as we think that legal market has the potential to mirror Illinois—a single state, multi-billion dollar legal cannabis market about to be born,” Kovler said.

Other notable quarterly activities included the expansion of the company’s popular incredibles brand in Illinois, Nevada and Maryland, progress on construction of a new plant in Oglesby, Illinois, and the opening of GTI’s 13th store in Pennsylvania and eighth store in Illinois.

To help advance equity in cannabis, Green Thumb continued to promote and develop its License Education Assistance Program (LEAP) New Business Accelerator, a social equity program designed to improve access to the industry for people in Illinois disproportionately impacted by prohibition.

Acreage Holdings

New York, N.Y.

Q3 Revenue: $31.7 million (42% year-over-year increase)

Net Income: $14.3 million adjusted net loss

Highlights:

Acreage is an MSO concentrated heavily across the Northeast, with retail locations in New York, New Jersey, Rhode Island, Massachusetts and Connecticut. Now that Americans have grown somewhat accustomed to the impact of COVID-19, the company saw rebounding numbers—partner revenue increased 79% year-over-year in Q3, while same-store sales growth for managed entities came in at 22%.

“Operational excellence led to improved financials and a stronger balance sheet,” said Bill Van Faasen, Acreage’s interim CEO. “Our core profitability is in sight in the first half of 2021. Much work remains, but we are absolutely on the right path both short and long-term.”

Acreage also has a strong position in New Jersey—it closed on the purchase of the Compassionate Care Foundation, a major vertically-integrated cannabis company that operates multiple medical cannabis dispensaries in the Garden State and one of the state’s largest grows. 

But arguably the largest event on the horizon for Acreage—an already-agreed-to merger with Canopy Growth to occur as soon as the U.S. federally legalizes cannabis—is still shrouded in an uncertain timeline. President-elect Joe Biden is expected to loosen legal restrictions on cannabis but stop short of full legalization, raising the possibility that the Acreage-Canopy merger may be four more years away, at minimum. 

Additionally, Seeking Alpha reported Acreage’s “lack of scale in any individual state” could be a hindrance to its performance going forward, pointing out that the company had just one or two locations in major markets like Florida, Massachusetts and Illinois. 

Canopy Growth

Smiths Falls, ON

Q3 Revenue (Q2 2021 in Canada): $124 million (CAD, 39% year-over-year increase)

Net Income: $96.6 million net loss

Highlights:

In Q3, Canopy Growth continued its dominance of the Canadian cannabis industry. Its well-publicized 2020 strategic adjustment following some corporate downsizing earlier in the year seems to have paid off—according to internal numbers, the Ontario giant increased its market share in the Canadian recreational market by 200 basis points.

“In Canopy Growth’s second quarter, we saw our renewed strategy come to life as momentum built across key businesses,” said David Klein, CEO of Canopy Growth, in an email. “We established the leadership position in the cannabis-infused beverage segment with over 2 million units shipped since March, grew our market share in the flower category, and opened nine new retail stores in Alberta.”

Canopy’s dominance in the beverages sector is not much of a surprise when you consider its backers. In 2017, beverage conglomerate Constellation Brands purchased a 10% stake in Canopy. Earlier this year, Constellation—which also owns major alcohol brands like Corona, Modelo, and Svedka—upped its equity in Canopy to 38.6%, with the option to increase it to over 55%.

But while Canopy continues to dominate up north, questions about its access to the U.S. cannabis market remain. Though it has a new online store to sell CBD to Americans—including a popular line sponsored by Martha Stewart—Canopy doesn’t have the same iron-clad grip on the market in the states. 

In an effort to further penetrate the U.S. industry, Canopy announced in October that Acreage Holdings would be marketing its THC beverages at recreational shops in Illinois and California. Canopy also owns the sports nutrition brand BioSteel, which recently finalized distribution agreements allowing it to offer electrolyte-filled sports drinks to 100% of the American market by 2021.

November 3 was a historic night for legalization across the country. Only a decade ago, cannabis was illegal for nonmedical use in all 50 states. Now, the tide has turned, and every presented cannabis-related initiative has passed, pushing the U.S. adult use cannabis market to 15 states with a population of over 110 million. If nothing else, this year’s election results provided clarity that American voters have become more open to the benefits of cannabis.

Here’s a list of states that passed cannabis-related measures in the 2020 election, along with an analysis of each initiative and what it means for the future: 

New Jersey: Public Question 1

New Jersey’s ballot proposed and ultimately passed the measure Public Question 1, making it the first Mid-Atlantic state to legalize adult use cannabis.

Expected to take effect January 2021, this measure legalizes the adult use of cannabis for anyone over the age of 21 along with cultivation, processing, and retail sales. The Cannabis Regulatory Commission oversees the state’s medical cannabis industry and will now be responsible for the new adult use cannabis market. However, since the ballot measure didn’t outline many details, it has left a lot of discretion up to the state’s legislature, leaving residents awaiting specifics about home-grow rules, possession limits, and other retail regulations.

Public Question 1 will apply the state sales tax of 6.625 percent. However, under this measure, the local jurisdictions are permitted to implement an additional 2 percent, so the final tax rates remain undecided. With New Jersey’s nearly 8.9 million residents, it’s projected to have adult use sales of around $375 million in just the first year and estimated to reach up to $900 million by 2024.

Mississippi: Initiative 65 & Alternative 65A

Mississippi had two competing measures on the ballot to legalize cannabis for medical purposes: Initiative 65 and Alternative 65A. Initiative 65 prevailed with 74 percent of the vote.

Between 2018 and 2019, over 228,000 Mississippi residents signed a petition that led to Initiative 65 appearing on the ballot. And by mid-2021, the legalization of medical cannabis is expected to take place. This initiative is designed to allow medical cannabis treatment for people with at least one of 22 specified qualifying conditions, including ALS, post-traumatic stress disorder (PTSD), epilepsy and Parkinson’s disease. The passage of the initiative allows those patients to possess up to 2.5 ounces of cannabis at one time with a cannabis sales tax set at the state’s regular sales rate of 7 percent.

The Mississippi Legislature proposed the competing ballot item, Alternative 65A, in what supporters of Initiative 65 believed was an effort to confuse voters. This measure restricted the use of cannabis to only terminally ill patients but did not specify qualifying conditions, possession limits or a tax rate leaving the results somewhat ambiguous with many details to be set by Mississippi Legislature. Initiative 65 easily won over the alternative with nearly 74 percent of voters approving versus just over 26 percent for Alternative 65A.

Montana: I-190 & CI-118

Montana became the 14th state to legalize adult use, passing both cannabis-related initiatives on the ballot: Initiative 190 (I-190), which creates a legal adult use cannabis market, and Constitutional Initiative 118 (CI-118), which supplements I-190, allowing the state to establish the legal purchasing, consumption or possession age of 21.

These ballot issues will go into effect beginning January 2021. Initiative I-190 legalizes the adult use and possession of up to one ounce of cannabis or 8 grams of concentrate. It also allows individuals to cultivate up to four cannabis plants and four seedlings in their residence.

Depending on the circumstances, anyone serving cannabis-related sentences for reasons no longer considered crimes under I-190 may request to be resentenced or have their conviction expunged.

Cannabis and infused product retail sales will be taxed at 20 percent. Following the Montana Department of Revenue’s deduction of administrative costs to enforce the measure, remaining tax revenue is set to be allocated to the state’s general fund, veterans programs, conservation programs, drug addiction treatment programs, and local law enforcement and healthcare workers.

South Dakota: IM-26 & CA-A

South Dakota made history as the first state to legalize both medical and adult use in the same election, moving from total prohibition to legalization in just one night. First came Initiated Measure 26 (“IM-26”), South Dakota’s medical cannabis ballot item, passing with nearly 70 percent of the vote. Then came the adult use initiative, Constitutional Amendment A (CA-A), narrowly passing with almost 54 percent of votes.

Both ballot issues are set to go into effect on July 1, 2021. IM-26 establishes a medical program for individuals with a physician-certified debilitating medical condition. Patients can possess a maximum of three ounces of cannabis and, for patients registered to cultivate at home, they will be permitted to grow up to three plants at minimum unless otherwise prescribed by their physician. However, under this measure, the Department of Health can limit the number of cannabis products each person may possess and make amendments to the conditions qualified as debilitating.

CA-A legalizes the adult use of cannabis for adults age 21 and older, allowing possession or distribution up to one ounce, and for those living in a jurisdiction with no licensed retail stores, permitting the growth of up to six cannabis plants in a private residence. This measure also requires the state to adopt hemp laws.

Marijuana sales will be taxed at 15 percent under Amendment A, estimating revenue of $29.3 million by 2025. After any revenue is used for costs associated with implementing this measure, remaining revenue will be divided between public schools and the state’s general fund. 

Arizona: Prop 207

On November 3, voter initiative Proposition 207 passed with 60 percent of the vote, and Arizona became the 13th state to legalize adult use cannabis – a movement that’s expected to make a great addition to the state’s already thriving medical cannabis program.

Also known as the Smart and Safe Act, this initiative legalizes the possession and use of cannabis for residents age 21 and older. It requires the Department of Health and Human Services to develop the rules regulating businesses in areas like licensing of retail stores, and production and cultivation facilities. Individuals will now be allowed to grow up to six plants in their private residences, with no more than 12 plants per household.

Prop 207 placed a 16 percent excise tax on cannabis sales in addition to the state’s 5.6 percent, totaling a 21.6 percent tax. It is estimated that legal cannabis will generate $300 million in revenue, which will be divided between community college districts, municipal police, sheriff and fire departments, fire districts, highway funds and a new Justice Reinvestment Fund. This initiative also allows anyone convicted of certain cannabis-related crimes like possession, consumption, cultivation or transportation to petition for the expungement of their record beginning July 2021.

Each of the initiatives above is expected to provide a wealth of job opportunities and economic growth for their state. This transition also allows those in the cannabis law and regulation industry the chance to develop and implement meaningful and accessible social equity licensing programs. In addition to day-to-day business needs, our firm will be working closely with clients as they transition from strictly medical cannabis licenses to dual licensing. We will also help new licensees build out and develop their adult-use licenses with long-term success in mind.

Cannabis has quickly become a mainstream health and wellness solution for people all across the globe. With the estimated annual national market for cannabis being $50-$60 billion, it’s believed to be a real solution to many local economic shortfalls caused by COVID-19, opening up the country and cannabis industry to a whole new world of opportunity.

Virginia Gov. Ralph Northam has unveiled plans to introduce an adult-use cannabis legalization bill when the General Assembly reconvenes in January, following the release of a study on the potential impacts of legalization in the state, and the Virginia Medical Cannabis Coalition (VMCC) hopes that the state builds on its existing medical program when planning the launch of an adult-use market.

VMCC is a coalition of vertically integrated cannabis operators that had won conditional approval from the Virginia Board of Pharmacy with the goal of advancing the medical market through patient education and connecting the state’s industry stakeholders with legislators, according to Jack Page, VMCC member and the founder and CEO of medical cannabis operator Dharma Pharmaceuticals.

Dharma opened for business Oct. 17, marking the first day of medical cannabis sales in Virginia. From his experience in the medical market, Page says the state has a lot to consider when it comes to legalizing and regulating adult-use cannabis, as well as fine-tuning the medical program.

Photos courtesy of Dharma Pharmaceuticals

Virginia law requires medical cannabis operators to be vertically integrated, and Dharma currently operates one location that houses its cultivation, processing and retail operations. Page says patient response has been positive in the month or so since the market launched, and in January, Dharma will be able to open up to five additional retail locations within its health service area.

Page and the VMCC support adult-use legalization, but want to ensure that the medical program remains part of the overall cannabis industry in Virginia, and that changes are made to the medical program to make it more accessible to patients.

For example, although Dharma can deliver to its patients, the current medical regulations mandate that a patient’s first visit to the dispensary be on-site.

“We’ve been contacted by numerous hospice organizations and nursing homes across the state that have patients that could benefit from the medicine but are not physically able to travel,” Page says. “So, that’s one of the things that we need to look at fixing in the medical program.”

Another change the VMCC has been lobbying for is access to flower in Virginia’s medical market. Right now, it is an extract-only market, which increases costs for both patients and operators.

“That is a dose form that a lot of patients are asking for, and there are certain conditions that botanicals just treat better and the cost is lower to patients because there’s not all the processing with the expensive lab equipment that we have in the back to extract the oil, refine the oil and make the product,” Page says. “Right now, we’re vertically integrated, and that’s a barrier of entry to most people because the cost associated with a vertical organization is pretty high. We’d like to see some way for small business to be included in the adult-use market, as well.”

Virginia has an extract-only medical cannabis market, but Page says allowing patients to access flower would decrease costs for both operators and patients.

Although the medical program still has its pain points, Page would like the opportunity for Virginia’s medical cannabis operators to roll out the adult-use program to ensure a speedy market launch.

“Allowing the medical producers to jumpstart the adult-use market, you’re providing tax revenue pretty much immediately for the commonwealth, and that can pay for some social equity programs and pay for the infrastructure that will be required, and of course provide those jobs faster if we’re able to join the market as early as possible,” he says.

However, Page is still keeping his main focus on the state’s patient base.

“We definitely want to make sure that we also continue to serve our medical patients first and foremost,” Page says. “We want to make sure, too, that any kind of adult-use market has the same testing requirements so that we ensure that the product that’s being delivered is safe for Virginians to use.”

Virginia’s medical cannabis operators are required to submit their products for third-party testing for pesticides, heavy metals and mycotoxins.

“The thing, too, is with the medical cannabis market, there are more specialized dose forms that are used to treat specialized conditions, so that’s why it’s important to keep the medical market also viable in Virginia,” Page says. “For example, Dharma is producing a nasal spray and a suppository. You’re not probably going to find those kinds of products in an adult-use market, but we are seeing there’s a high demand for those products in the medical market.”

VMCC is advocating for one regulator that would oversee the medical and adult-use cannabis programs in Virginia, he adds, as well as the ability for medical operators to co-locate adult-use dispensaries with their medical storefronts.

“I just think in the discussions of bringing adult-use to Virginia, we need to realize that the medical program and the adult-use program are both necessary to serve patients across the commonwealth,” Page says. “We have to carefully think about how the adult-use market needs to be rolled out so that we don’t make all of the time and effort that’s been put into establishing the medical program be wasted.”

CanBreed, an Israeli cannabis genetics seed company, announced this week its acquisition of a 3.5-acre hemp farm in San Diego. The company is part of the Smart-Agro R&D Partnership, a publicly traded firm on the Tel Aviv Stock Exchange.

Construction of new facilities and greenhouses on the San Diego site is expected to begin early in the new year, with CanBreed selling stable genetics into the market by the end of 2021. Initial output, according to the company, is estimated at 12.5 million seeds annually. CanBreed’s goal runs up to 50 million seeds annually.

In September, CanBreed secured a licensing agreement for foundational CRISPR-Cas9 patents held by Corteva Biosciences (MIT) and Broad Institute (Harvard) allowing the company to selectively edit its cannabis plants’ genetic material. In November, the company announced that its genome editing research had led it to a powdery mildew-resistant chemotype.

“We want to be world leaders in using CRISPR technology for cannabis,” CERO Ido Margalit told the Times of Israel after signing the CRISPR-Cas9 agreement. “The idea is to sell stable enhanced cannabis seeds to the entire global market.”

Two years ago, the European Union declared that CRISPR-edited crops are deemed genetically modified organisms (GMOs), making them illegal to sell. In the U.S., however, shortly after the EU decision, the federal government stepped aside to allow for more product innovation in the agricultural space.  

“While these crops do not require regulatory oversight, we do have an important role to play in protecting plant health by evaluating products developed using modern biotechnology,” U.S. Agriculture Secretary Sonny Perdue said at the time.  

CanBreed, an Israeli cannabis genetics seed company, announced this week its acquisition of a 3.5-acre hemp farm in San Diego. The company is part of the Smart-Agro R&D Partnership, a publicly traded firm on the Tel Aviv Stock Exchange.

Construction of new facilities and greenhouses on the San Diego site is expected to begin early in the new year, with CanBreed selling stable genetics into the market by the end of 2021. Initial output, according to the company, is estimated at 12.5 million seeds annually. CanBreed’s goal runs up to 50 million seeds annually.

In September, CanBreed secured a licensing agreement for foundational CRISPR-Cas9 patents held by Corteva Biosciences (MIT) and Broad Institute (Harvard) allowing the company to selectively edit its cannabis plants’ genetic material. In November, the company announced that its genome editing research had led it to a powdery mildew-resistant chemotype.

“We want to be world leaders in using CRISPR technology for cannabis,” CERO Ido Margalit told the Times of Israel after signing the CRISPR-Cas9 agreement. “The idea is to sell stable enhanced cannabis seeds to the entire global market.”

Two years ago, the European Union declared that CRISPR-edited crops are deemed genetically modified organisms (GMOs), making them illegal to sell. In the U.S., however, shortly after the EU decision, the federal government stepped aside to allow for more product innovation in the agricultural space.  

“While these crops do not require regulatory oversight, we do have an important role to play in protecting plant health by evaluating products developed using modern biotechnology,” U.S. Agriculture Secretary Sonny Perdue said at the time.  

For the cannabis industry, Q3 2020 marked somewhat of a return to normalcy. Most multi-state operators (MSOs) saw an increase in both net and gross revenue, while also reigning in costs. And while a Democratic victory in November’s election is bringing some optimism to the field, experts and industry execs agree there is still a long road ahead to market maturity.

Cannabis Business Times and Cannabis Dispensary spoke with leadership at the industry’s largest companies for a snapshot of this quarter’s results and the industry’s position as a whole moving into the final quarter of 2020.

Green Thumb Industries (GTI)

Chicago, Ill.

Q3 Revenue: $157.1 million (131.1% year-over-year increase) 

Net Income: $9.6 million adjusted net income

Highlights:

Green Thumb continued strong business in its home state of Illinois as well as New Jersey, Pennsylvania and Ohio. After a slight decline in Massachusetts and Nevada following the initial COVID-19 outbreak, GTI’s revenues in those states have rebounded. 

For the first time in its history, the MSO that owns 50 retail locations in ten different states also posted a positive net income.

“The third quarter was an excellent quarter for Green Thumb,” said Ben Kovler, CEO of GTI. “We are poised to further benefit from the strong tailwinds driving a robust, multi-billion-dollar marketplace.” Kovler also pointed to the company’s strong position in New Jersey—where voters overwhelmingly approved legalization in the election—as a corporate asset in the coming years. 

“New Jersey is great news for us as we think that legal market has the potential to mirror Illinois—a single state, multi-billion dollar legal cannabis market about to be born,” Kovler said.

Other notable quarterly activities included the expansion of the company’s popular incredibles brand in Illinois, Nevada and Maryland, progress on construction of a new plant in Oglesby, Illinois, and the opening of GTI’s 13th store in Pennsylvania and eighth store in Illinois.

To help advance equity in cannabis, Green Thumb continued to promote and develop its License Education Assistance Program (LEAP) New Business Accelerator, a social equity program designed to improve access to the industry for people in Illinois disproportionately impacted by prohibition.

Acreage Holdings

New York, N.Y.

Q3 Revenue: $31.7 million (42% year-over-year increase)

Net Income: $14.3 million adjusted net loss

Highlights:

Acreage is an MSO concentrated heavily across the Northeast, with retail locations in New York, New Jersey, Rhode Island, Massachusetts and Connecticut. Now that Americans have grown somewhat accustomed to the impact of COVID-19, the company saw rebounding numbers—partner revenue increased 79% year-over-year in Q3, while same-store sales growth for managed entities came in at 22%.

“Operational excellence led to improved financials and a stronger balance sheet,” said Bill Van Faasen, Acreage’s interim CEO. “Our core profitability is in sight in the first half of 2021. Much work remains, but we are absolutely on the right path both short and long-term.”

Acreage also has a strong position in New Jersey—it closed on the purchase of the Compassionate Care Foundation, a major vertically-integrated cannabis company that operates multiple medical cannabis dispensaries in the Garden State and one of the state’s largest grows. 

But arguably the largest event on the horizon for Acreage—an already-agreed-to merger with Canopy Growth to occur as soon as the U.S. federally legalizes cannabis—is still shrouded in an uncertain timeline. President-elect Joe Biden is expected to loosen legal restrictions on cannabis but stop short of full legalization, raising the possibility that the Acreage-Canopy merger may be four more years away, at minimum. 

Additionally, Seeking Alpha reported Acreage’s “lack of scale in any individual state” could be a hindrance to its performance going forward, pointing out that the company had just one or two locations in major markets like Florida, Massachusetts and Illinois. 

Canopy Growth

Smiths Falls, ON

Q3 Revenue (Q2 2021 in Canada): $124 million (CAD, 39% year-over-year increase)

Net Income: $96.6 million net loss

Highlights:

In Q3, Canopy Growth continued its dominance of the Canadian cannabis industry. Its well-publicized 2020 strategic adjustment following some corporate downsizing earlier in the year seems to have paid off—according to internal numbers, the Ontario giant increased its market share in the Canadian recreational market by 200 basis points.

“In Canopy Growth’s second quarter, we saw our renewed strategy come to life as momentum built across key businesses,” said David Klein, CEO of Canopy Growth, in an email. “We established the leadership position in the cannabis-infused beverage segment with over 2 million units shipped since March, grew our market share in the flower category, and opened nine new retail stores in Alberta.”

Canopy’s dominance in the beverages sector is not much of a surprise when you consider its backers. In 2017, beverage conglomerate Constellation Brands purchased a 10% stake in Canopy. Earlier this year, Constellation—which also owns major alcohol brands like Corona, Modelo, and Svedka—upped its equity in Canopy to 38.6%, with the option to increase it to over 55%.

But while Canopy continues to dominate up north, questions about its access to the U.S. cannabis market remain. Though it has a new online store to sell CBD to Americans—including a popular line sponsored by Martha Stewart—Canopy doesn’t have the same iron-clad grip on the market in the states. 

In an effort to further penetrate the U.S. industry, Canopy announced in October that Acreage Holdings would be marketing its THC beverages at recreational shops in Illinois and California. Canopy also owns the sports nutrition brand BioSteel, which recently finalized distribution agreements allowing it to offer electrolyte-filled sports drinks to 100% of the American market by 2021.

Dr. Markus Roggen is a chemist, professor, cannabis researcher and founder & CEO of Complex Biotech Discovery Ventures (CBDV). Founder & CEO of Ascension Sciences (ASI), Tomas Skrinskas has been at the leading edge of transformative healthcare technologies, including computer assisted surgery, surgical robotics and genetic nanomedicines, for over 15 years.

Leading researchers from the cannabis industry – Dr. Markus Roggen (Complex Biotech Discovery Ventures) and Tomas Skrinskas (Ascension Sciences) – highlight the challenges facing the industry’s current compliance testing standards and the opportunities emerging from the latest developments in nanotechnology and advanced analytical testing. Here are the key insights from the discussion. 

What are the current compliance testing requirements for cannabis products? Are they sufficient in ensuring safety and quality?

In the current landscape, Canada’s compliance testing requirements are clearly laid out in the form of guidance documents. Specifically, for pesticide testing, cannabinoid concentration content in products, heavy metals, etc. Compliance testing can be roughly divided into two categories: 1) establishing the concentrations of wanted compounds, and 2) ensuring that unwanted compounds do not exceed safety limits.

In the first category, cannabinoids and terpenes are quantified. Their presence or absence is not generally forbidden but must stay within limits. For example, for material to be classified as hemp, the THC concentration cannot exceed 0.3 %wt., or a serving of cannabis edible should contain below 5 mg of THC. The second category of compliance testing focuses on pesticides, mold and heavy metals. The regulators have provided a list of substances to test for and set limits on those.

Are those rules sufficient to ensure safety and quality? Safety can only be ensured if all dangerous compounds are known and tested for. Take for example Vitamin E acetate, the substance linked to lung damage in some THC vape consumers and the EVALI outbreak. Prior to the caseload in the Fall of 2019, there were no requirements to test for it. It’s not only additives that are of concern. THC distillates often show THC concentrations of 90% plus 5% other cannabinoids. What are the last 5% of this mixture? Currently, those substances have not been identified. Are they safe? There is no concrete way to determine that.

The aforementioned guidelines have the best intentions, but do not adequately address two key obstacles the industry is currently facing: 1) what happens in practice, and 2) what can easily be audited? Making sure people follow the requirements is the challenge, and it comes down to variability of the tests. Testing has to happen on the final form of the product as well as every “batch,” but there is little guidance on how that is defined. With so much growth happening in the industry, how are these records even tracked and scrutinized?

And finally, there’s the question of quality. How do you define quality? Before establishing quantifiable quality attributes, it can’t be tested.

If compliance testing is insufficient, then why aren’t more cannabis companies testing beyond Health Canada’s requirements?

Compliance testing has always been focused on the end product, THC and CBD levels, and consumer safety. As long as cannabis companies are testing to determine this, doing further testing means added costs to the producer. There is a rush to get cannabis products to the new market because many consumers are eager to buy adult use products such as extracts or edibles, and quality is not the biggest selling point at this very moment.

However, there are unrealized advantages to advanced analytical testing that go beyond Health Canada’s requirements and that offer greater benefits to cannabis producers and product developers. Producers often see testing as an added cost to their production that is forced upon them by the regulators and will only test once the product is near completion. For cannabinoid therapeutics and nutraceuticals, advanced analytical testing is critical for determining the chemical makeup and overall quality of the formulation. This is where contract researchers, such as Ascension Sciences, come in to offer tests for nanoparticle characterization, cannabinoid concentration, dissolution profiles and encapsulation efficiency.

A lack of budget and awareness have prevented cannabis companies from advanced analytical testing. However, testing that goes beyond lawful requirements is an opportunity to save money and resources in the long term. This is where companies, like Complex Biotech Discovery Ventures (CBDV), offer in-process testing that provides a deep characterization and analysis of cannabis samples during every stage of product development. If tests are conducted during production, inefficiencies in the process are revealed and mistakes are spotted early on. For example, testing the spent cannabis plant material after extraction can verify if the extraction actually went through to completion. In another case, testing vape oil before it goes into the vape cartridges and packaging allows producers to detect an unacceptable THC concentration before they incur additional production costs.

Which methods are the most successful for cannabis testing?

The most effective method is the one that best determines the specific data needed to meet the desired product goal. For example, NMR Spectroscopy is paramount in assessing the quality of a cannabis sample and identifying its precise chemical composition.

HPLC (liquid/gas chromatography) is the most precise method for quantifying THC, CBD and other known cannabinoids. However, if a cannabis extractor wants to quickly verify that their oil has fully decarboxylated, then an HPLC test will likely take too long and be too expensive. In this case, IR (Infrared Spectroscopy) offers a faster and more cost-effective means of obtaining the needed data. Therefore, it ultimately depends on the needs of the producer and how well the testing instruments are maintained and operated.

What’s next in analytical testing technology? What are you working on or excited about?

In terms of compliance, regulations to standardize the testing is the hot topic at the moment. For nanotechnology and nanoparticles, the big question now is what is known as the “matrix” of the sample. In other words, what are the cannabinoids, and what else is in the sample that’s changing your results? The R&D team at Ascension Sciences is in the process of developing a standardized method for this to combat the issues mentioned earlier in the interview.

Ascension Sciences is also excited about characterizing nanoparticles over time to determine how cannabinoids are released and how that data can be transferred or made equivalent to consumer experiences. For example, if a formulation with quicker release, faster onset and better bioavailability is found in the lab, product development would be more efficient and effective when compared to other, more anecdotal methods.

At CBDV, the team is working on in-process analytical tools, such as decarboxylation monitoring via IR Spectroscopy and NMR Spectroscopy. CBDV is also looking at quantifying cannabis product quality. The first project currently in motion is to identify and quantify cannabinoids, terpenes, and other compounds present when vaping or smoking a joint using a smoke analyzer. 

A lack of budget and awareness have prevented cannabis companies from testing beyond what’s required by Health Canada. Compliance testing is designed to ensure safety, and for good reason, but it is currently insufficient at determining the quality, consistency and process improvements. As the above factors are necessary for the advancement of cannabis products, this is where further methods, such as advanced analytical testing, should be considered.