{"id":4638,"date":"2022-02-10T08:00:00","date_gmt":"2022-02-10T08:00:00","guid":{"rendered":"http:\/\/CAIiEONgkD4XbXaRBexSN6es1GgqGQgEKhAIACoHCAow3cCjCzCgy7sDMKy5hAc"},"modified":"2022-02-10T08:00:00","modified_gmt":"2022-02-10T08:00:00","slug":"limited-license-marijuana-markets-hamper-diversity-and-equity-study-says-marijuana-business-daily","status":"publish","type":"post","link":"https:\/\/thcinct.com\/?p=4638","title":{"rendered":"Limited-license marijuana markets hamper diversity and equity, study says &#8211; Marijuana Business Daily"},"content":{"rendered":"<div><img decoding=\"async\" src=\"https:\/\/thcinct.com\/wp-content\/uploads\/2022\/03\/limited-license-marijuana-markets-hamper-diversity-and-equity-study-says-marijuana-business-daily.png\" class=\"ff-og-image-inserted\"><\/div>\n<p>Twenty-seven states have limited-licensing schemes that lead to the lack of diversity in the marijuana industry, according to a new study on equity, underscoring a growing debate about how best to boost cannabis business participation among minorities and those affected by the war on drugs.<\/p>\n<p>The issue of license caps has exposed a fault line in the multibillion-dollar cannabis industry\u2019s effort to be inclusive, often pitting minority and entrepreneurial applicants against multistate operators better positioned to afford a pricey business permit in a limited-license market.<\/p>\n<div class=\"google-ad-wrapper banner-ad position-leaderboard\">\n<p>ADVERTISEMENT<\/p>\n<\/p><\/div>\n<p>\u201cThe best thing you can do for social equity is open up the market,\u201d said <a href=\"https:\/\/mjbizdaily.com\/podcast\/equity-equalizer-how-the-mcba-is-shaking-up-national-cannabis-policy\/\" target=\"_blank\" rel=\"noopener\">Amber Littlejohn<\/a>, executive director of the Minority Cannabis Business Association (MCBA).<\/p>\n<p>The MCBA on Thursday issued a <a href=\"https:\/\/mjbizdaily.com\/wp-content\/uploads\/2022\/02\/MCBA-equity-press-release.pdf\" target=\"_blank\" rel=\"noopener\">sweeping study<\/a> that examined equity in 36 state-legal marijuana markets. It identified limited licensing as one of the barriers to equity.<\/p>\n<p>The <a href=\"https:\/\/minoritycannabis.org\/equitymap\/\" target=\"_blank\" rel=\"noopener\">39-page report<\/a>&nbsp;concluded that, so far, none of the 15 states with social equity programs have created an equitable cannabis industry.<\/p>\n<p>Social equity provisions especially are prominent in young and emerging recreational marijuana programs such as Arizona, California, Connecticut, Illinois, Massachusetts, Michigan, New Jersey and New York.<\/p>\n<p>Littlejohn stressed that limited licensing is one factor among many that hamper efforts to promote greater minority participation in the marijuana industry.<\/p>\n<p>But a consensus is growing among many that state licensing caps \u2013 which is the prevalent regulatory framework around the country \u2013 is a fundamental obstacle to equity and inclusion.<\/p>\n<p>\u201cI think we\u2019ve got it all wrong,\u201d Demitri Downing, founder of the Arizona Marijuana Industry Trade Association (MITA), told <em>MJBizDaily<\/em>.<\/p>\n<p>\u201cWe should be moving away from the paradigm of limited licensing,\u201d Downing said.<\/p>\n<p>\u201cWe should promote a free market that is also helping social equity applicants\u201d with funding assistance and low barriers to entry.<\/p>\n<p>A number of MSOs emphasize limited-license markets as core to their strategy to prosper and grow.<\/p>\n<p>In regulatory filings, MSOs talk about pursuing highly populated, limited-license markets that also have recreational marijuana or are on the trajectory to legalize adult use.<\/p>\n<p>Markets frequently mentioned include Florida, Illinois, Massachusetts, New York, New Jersey, Pennsylvania and Virginia.<\/p>\n<p>Littlejohn noted that Illinois-based Green Thumb Industries (GTI) even used the word \u201coligopolistic markets\u201d as part of its strategy in a 2018 annual report, but the company since has quit using that term.<\/p>\n<p>For their part, MSOs increasingly are touting their efforts to promote industry equity.<\/p>\n<p>\u201cWe do not believe that limited licensing as a barrier to entry is inherently anti-social equity,\u201d Massachusetts-based Curaleaf Holdings wrote in a detailed email comment to <em>MJBizDaily<\/em>.<\/p>\n<p>Curaleaf wrote that it advocates for license \u201cset asides\u201d for minority-owned businesses and noted that it has supported cannabis entrepreneurs through mentoring and legal and technical services.<\/p>\n<p>As for limited-license frameworks, Curaleaf wrote, social equity recipients \u201ccan benefit from those restraints on unlimited competition \u2013 which if left unchecked could have an even greater impact on equity goals.\u201d<\/p>\n<p>The media representatives for several other MSOs \u2013 including GTI and Florida-based Jushi Holdings \u2013 were contacted for comment but didn\u2019t immediately respond.<\/p>\n<div class=\"columns col-lg-12 col-md-12 col-sm-12 con_cta_wrapper\">\n<p><strong>Expert advice for a stronger shelf life.<\/strong><\/p>\n<p><b><em>MJBizDaily<\/em> Retail Buyers Guide&nbsp;<\/b><\/p>\n<div id=\"lp-pom-text-456\" class=\"lp-element lp-pom-text nlh\">\n<p>Learn the fundamentals for getting started in cannabis retail in this comprehensive guide curated by the editors at <em>MJBizDaily<\/em> with help from industry experts.<\/p>\n<p>Featured inside:<\/p>\n<ul>\n<li>Learn the basics of designing a cannabis dispensary<\/li>\n<li>Selecting display infrastructure that supports industry compliance<\/li>\n<li>Choosing the right point-of-sale system for your operation<\/li>\n<li>How to incorporate e-commerce and home delivery<\/li>\n<\/ul>\n<p>And more!<\/p>\n<\/div><\/div>\n<p>The MCBA report identifies a number of barriers to equity. In addition to state licensing restrictions, they include:<\/p>\n<ul>\n<li>Opt-out provisions that also limit the number of licenses. Of the nine states without state-level license caps, seven give local municipalities and other jurisdictions the option to opt out of allowing marijuana businesses within their borders.<\/li>\n<li>Lack of timely funding to support market entry and participation, either shutting out applicants or forcing them to turn to predatory partners who can take control of the business. Only six of 15 states with social equity programs provide funding beyond fee reductions and waivers.<\/li>\n<li>Lack of technical support. Only seven states offer technical support or training to social equity applicants.<\/li>\n<li>Proof of the right to possess or occupy a property. Twenty-two states require such proof as a condition of application or licensing. This can be prohibitively costly for less wealthy operators, especially if licensing is delayed because of litigation.<\/li>\n<li>Preferential treatment to existing medical cannabis operators. Eleven states provide MMJ operators with early access to adult-use licensing and sales, giving them a head start in the launch of a recreational market.<\/li>\n<\/ul>\n<p><strong>License-cap rationale<\/strong><\/p>\n<p>The general rationale for limiting licenses is to limit crime, avoid excess regulatory costs and prevent an excess supply of marijuana that could be diverted to the illicit market, according to the MCBA report.<\/p>\n<p>But the report notes that many states simply choose a number of licenses to issue without regard to market demand and that localities are the \u201cbest means of limiting the over proliferation of cannabis businesses.\u201d<\/p>\n<p>The report also states that evidence doesn\u2019t point toward increased crime as the number of retail outlets increase.<\/p>\n<p>Billionaire conservative and libertarian Charles Koch has become an <a href=\"https:\/\/mjbizdaily.com\/marijuana-legalization-push-increasingly-unites-unlikely-political-bedfellows\/\" target=\"_blank\" rel=\"noopener\">unlikely ally<\/a> in the effort to both <a href=\"https:\/\/www.forbes.com\/sites\/willyakowicz\/2021\/07\/27\/billionaire-charles-koch-on-why-cannabis-should-be-legal\/?sh=3a7368b34a73\" target=\"_blank\" rel=\"noopener\">legalize marijuana federally<\/a> and promote a free market.<\/p>\n<p>His political advocacy group helped form the&nbsp;<a href=\"https:\/\/www.forbes.com\/sites\/willyakowicz\/2021\/07\/27\/billionaire-charles-koch-on-why-cannabis-should-be-legal\/?sh=3a7368b34a73\" target=\"_blank\" rel=\"noopener\">Cannabis Freedom Alliance<\/a>, which also advocates for regulatory frameworks that promote \u201centrepreneurship in free and open markets.\u201d<\/p>\n<p>That includes low barriers to entry and \u201cnon-restrictive business licensing,\u201d according to the Alliance\u2019s website.<\/p>\n<p><strong>MSOs speak<\/strong><\/p>\n<p>The multistate operators\u2019 viewpoint, though, is much different.<\/p>\n<p>While MSOs stress their diversity efforts and desire for an equitable industry, they often characterize their business wins in terms of acquiring operations and gaining share in limited-license markets.<\/p>\n<p>Investment analysts in the sector likewise often stress the same.<\/p>\n<p>But, as Curaleaf noted in its detailed statement, \u201cto advocate against growth is counterintuitive to everything anyone in this emerging industry (large, small or in between) is fighting for every day. We believe that <a href=\"https:\/\/mjbizdaily.com\/big-cannabis-can-be-good-cannabis-qa-with-curaleaf-ceo-joe-bayern\/\" target=\"_blank\" rel=\"noopener\">big cannabis can be good cannabis<\/a>, and good cannabis can be big business.\u201d<\/p>\n<p>The MCBA begs to differ, contending in its report that limited licensing can set off a vicious cycle.<\/p>\n<p>The value of a license is inflated because of the limited number available, which, in turn, creates heavy competition for each license.<\/p>\n<p>And that has led to litigation, often by large operators, the MCBA reported.<\/p>\n<p>The lawsuits, in turn, can lead to delays or the elimination of social equity programs.<\/p>\n<p>The delays can be prohibitively expensive for equity applicants who, for example, must pay rent or a mortgage for a property while they wait for a market to launch.<\/p>\n<p>But if markets are open to greater competition, more entrepreneurs can enter, including those from the illicit, legacy market, according to the MCBA. Industry equity is increased.<\/p>\n<p>Take Arizona, which capped business licensing.<\/p>\n<p>The $1 billion marijuana industry is now predominantly in the hands of multistate operators and Arizona-based companies that are <a href=\"https:\/\/mjbizdaily.com\/arizona-cannabis-market-is-booming-but-social-equity-concerns-linger\/\" target=\"_blank\" rel=\"noopener\">under pressure to become bigger<\/a> to compete.<\/p>\n<p>The state will be issuing 26 social equity licenses, but those operators will be at a disadvantage, experts say, because they will be entering the market last and will be able to sell only recreational marijuana.<\/p>\n<p>Instead, Downing said, the market should be open and social equity applicants should get assistance to enter it.<\/p>\n<p>He advocates a model where marijuana tax revenue generates social equity funds at the local level and local officials determine who should get assistance.<\/p>\n<p>For example, in some areas of Arizona that might be comprised of Hispanics, in other areas, Blacks, in other areas Native Americans, and so on.<\/p>\n<p>In an open market in Arizona with true equity, some of those who should benefit should be tribal members who were convicted of marijuana offenses, said Downing, a formal tribal prosecutor.<\/p>\n<p>\u201cThose are the entrepreneurs who should be awarded.\u201d<\/p>\n<p><em>Jeff Smith can be reached at&nbsp;<a href=\"mailto:jeff.smith@mjbizdaily.com\" target=\"_blank\" rel=\"noopener\" data-feathr-click-track=\"true\">jeff.smith@mjbizdaily.com<\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Twenty-seven states have limited-licensing schemes that lead to the lack of diversity in the marijuana industry, according to a new study on equity, underscoring a growing debate about how best to boost cannabis business participation among minorities and those affected by the war on drugs. The issue of license caps has exposed a fault line in the multibillion-dollar cannabis industry\u2019s effort to be inclusive, often pitting minority and entrepreneurial applicants against multistate operators better positioned to afford a pricey business permit in a limited-license market. ADVERTISEMENT \u201cThe best thing you can do for social equity is open up the market,\u201d&#8230; <\/p>\n","protected":false},"author":1,"featured_media":4639,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[2],"tags":[],"class_list":["post-4638","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured"],"jetpack_featured_media_url":"https:\/\/thcinct.com\/wp-content\/uploads\/2022\/03\/limited-license-marijuana-markets-hamper-diversity-and-equity-study-says-marijuana-business-daily.png","_links":{"self":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts\/4638","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4638"}],"version-history":[{"count":0,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts\/4638\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/media\/4639"}],"wp:attachment":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4638"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4638"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4638"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}