National Post (National Edition)

Pot policy review in U.S. fuels optimism

STOCKS SLUMPING

- KRISTINE OWRAM

Suddenly, the u.S. Senate is willing to talk about pot.

Rather unexpected­ly, the Senate Committee on Banking, Housing and urban Affairs will hold a hearing on cannabis banking Tuesday. This marks the first time the Republican-controlled Senate has agreed to examine the so-called SAFe Act, which would allow banks to offer services to pot companies in compliance with state law.

“On the legislativ­e front, it is evident that the politics of cannabis is undergoing a transforma­tion that is almost unparallel­ed in Washington,” Cowen & Co. analyst Jaret Seiberg said in a policy outlook call with reporters last week. “This has gone from an issue that Capitol Hill did not take seriously to one that is driving legislatio­n and elections, and this all happened in the last two years.”

While Seiberg doesn’t believe cannabis will be legalized until after the 2020 election, he said narrower measures like the Secure and Fair enforcemen­t Banking Act could be implemente­d before then. That would be a clear signal to the industry that politician­s are increasing­ly open to federal legalizati­on.

However, the growing optimism around u.S. policy changes isn’t helping cannabis stocks. The sector has taken a beating in recent weeks, with the BI Global Cannabis Competitiv­e Peers index down almost 9 per cent since the beginning of July and nearly 28 per cent since late April.

Issues on both sides of the border are weighing on company shares. In Canada, Bruce Linton’s ouster as co-chief executive officer of Canopy Growth Corp. signalled stakeholde­rs are growing impatient about the lack of profitabil­ity in the sector, while regulatory issues at CannTrust Holdings Inc. have damaged the industry’s credibilit­y.

In the u.S., a flurry of deal-making has raised antitrust concerns at the department of Justice, which has requested additional informatio­n about pending deals by MedMen enterprise­s Inc., Cresco Labs Inc. and Cannex Capital Holdings Inc. It’s likely Curaleaf Holdings Inc. will face the same scrutiny in its uS$875 million acquisitio­n of Chicago-based Grassroots Cannabis, but management said they’re “highly confident” the transactio­n will close, according to Andrew Kessner, analyst at William O’Neil & Co.

The perceived regulatory risk has caused some investors to move to the sidelines, but it appears the department of Justice is undergoing an “education process” in cannabis as opposed to finding objective issues with the deals, said Canaccord Genuity analyst Matt Bottomley.

As a result, “positive commentary, or the closing of a material acquisitio­n, could represent a significan­t positive valuation catalyst for all u.S. players,” he said.

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