Buying and Selling Minnesota Cannabis Licenses – Canna Law Blog™

Minnesota is the most recent state to develop a secondary marketplace for hashish license gross sales. I’d name the Minnesota market “sturdy”, besides that the Workplace of Hashish Administration (OCM) hasn’t issued all that many licenses within the first place. Nonetheless, one supply lately estimated “at the least 80” licenses lately posted on the market. It’s an actual factor.

What’s driving the Minnesota hashish license re-sale market?

The first driver of this secondary market is probably going the lottery-based system adopted by OCM. Minnesota began with a social fairness license lottery, however pivoted final December to a normal lottery, which mixed each social fairness and normal candidates. For those who’re involved in why that pivot occurred, the quick reply is “litigation.” The longer reply is right here. (And, should you’re involved in why hashish license lotteries are a nasty concept usually, see my publish right here).

A secondary driver for the Minnesota hashish resale market can be delays in major license issuances. The Minnesota program is roughly a yr not on time at this level, and tales abound of product shortages for retailers, attributable to provide chain points. Right here once more, shortage is driving up costs and making a resale market. A few of this can even out finally, notably in uncapped license classes. Proper now, although, it’s an actual vendor’s market, with licenses in a few of the capped classes going for tons of of hundreds of {dollars}.

How are Minnesota hashish licenses purchased and offered?

Minnesota legislation solely permits licenses, and never functions, to be transferred. Basic steering may be discovered right here. In brief, a licensee is allowed to promote (“switch”) their license, pursuant to part 342.12, with prior written approval of OCM.

Her are the related necessities, lifted immediately from OCM’s web page:

Licenses categorised as social fairness require assessment and approval by the Division of Social Fairness.
Licenses with a social fairness classification might solely be transferred to a different verified social fairness particular person or possession group (at the least 65% owned by verified social fairness people) through the first three years of operations. After three years, a social fairness license may be transferred to any entity, together with a non-social fairness possession group, topic to assessment and approval by the Division of Social Fairness.
You can’t make any change of possession or management that trigger the license holder’s authorized enterprise construction to transform or change to a distinct kind of authorized enterprise construction.
You can’t add or switch to any house owners which can be ineligible to carry a hashish license based mostly on the background examine disqualification course of.
Transfers of licenses should adjust to Minnesota’s true celebration of curiosity necessities per Minnesota Statutes, part 342.185.

A license purchaser can not conduct any enterprise associated to the license till OCM has supplied written approval for the switch. That gained’t occur till after submission of the “Disclosure of Possession and Management” type, in addition to an up to date capitalization desk. Submission of some different paperwork may be wanted in sure circumstances. Lastly, don’t sleep on related metropolis and county rules.

Social fairness licenses

Anybody trying to purchase or promote a social fairness license might be topic to further restrictions.

First, possession adjustments can not cut back the license at problem beneath the 65% “social fairness applicant” threshold. Details about this requirement and the social fairness verification course of may be discovered right here.

Second, the controlling possession of a social fairness applicant license can not change throughout the first three years of enterprise operations. This successfully signifies that social fairness licenses can’t be offered outright; as an alternative, solely gross sales of minority positions in these licenses might be viable.

Third, “true a part of curiosity” guidelines nonetheless apply. That is in line with Minnesota’s aim to forestall using straw candidates from subverting the possession and management necessities of social fairness licenses.

The Minnesota hashish resale market is right here to remain

We’ve seen persistent secondary markets for hashish licenses throughout the nation, notably the place states have positioned synthetic limits on licenses, or developed a social fairness pool. Previously couple of days alone, we’ve had inquiries on the agency associated to gross sales of Arizona, California, New Mexico and Oregon hashish licenses. Every of these packages has been on-line for years.

For so long as Minnesota caps sure classes of hashish licenses, we may even have a secondary marketplace for license gross sales in Minnesota. You may count on that market to contract to the 4 “capped” license varieties – mezzobusiness, retailer; cultivator, producer – as this system matures. These licenses command high greenback in the present day, and sure will by at the least 2027.