DOJ's 'cease fire' on state marijuana laws sparks fresh investment buzz

DOJ's 'cease fire' on state marijuana laws sparks fresh investment buzz
Bracing for the highs and lows of cannabis-industry stocks.
DEC 29, 2015
It is still way too early to put any serious money behind the fast-growing marijuana industries, but the potential is certainly there, and worth watching. “Right now it's a basically a penny-stock industry in its infancy, but it will grow geometrically unless the federal government decides to enforce federal laws,” said Paul Schatz, president of Heritage Capital. So far, 40 states have legalized the use of medical marijuana in some form, and four states have legalized marijuana for recreational use. But those state laws are still in technical violation of federal laws, which deem most marijuana distribution and use illegal. Earlier this month, with President Barack Obama's signing of the 2016 omnibus appropriations bill, the federal government extended for a second year the so-called “cease fire” of federal marijuana-law enforcement over state laws. That is good news for advocates of legalized marijuana, and could also be good news for investors in the various growing and distribution industries. “All of the state-level programs out there right now are currently in conflict with federal law, but this cease fire bars the Department of Justice from interfering with the state-level laws for another year,” said Steph Sherer, executive director and founder of Americans for Safe Access, which she describes as a 100,000- member, patient-based organization. The future of the $4 billion legal marijuana industry is quickly gaining momentum with recreational-use initiatives currently in the works in California, Maine, Massachusetts and Nevada. And Ms. Sherer expects to see enhanced medical-use legislation proposed in as many as 17 states next year. But even in the context of such fervent state-level political activity combined with hands-off federal enforcement, the investment community has yet to fully take shape. As one might expect, there are dozens of fledgling penny-stock companies now being traded over the counter, displaying the kind of volatility that would likely rattle the most aggressive investors. For example, GrowBlox Sciences (GBLX) is currently trading at 14 cents a share and is down 61% from the start of the year. But in 2013, it rallied to a 70% gain. CannaVest Corp. (CANV), at 15 cents a share, is down 92.8% this year, after falling 92% last year, but gaining 470% in 2013. Cannabis Sativa (CBDS), at 82 cents a shares, has declined by 89% this year, following an 820% gain last year. “My advice would be to invest in bakeries in states where marijuana usage has been approved,” joked Bob Rice, chief investment strategist at Tangent Capital. “There's not really any public companies that you can seriously consider investing in,” he added. “Soon enough some grown-up company, quite possibly a big tobacco brand, will start swallowing up the little local dispensaries and create a real national brand, and waiting for that might be the best bet for average investors.” Mike Saul, an independent analyst and blogger at PaulandSaul.com, had to shelve a book he was writing about cannabis stocks because the extreme price volatility kept altering the storyline. “Most of the stocks in the group are bulletin board stocks, which means the chance for manipulation is there, but we're still in the early stages,” he said. “What happens with every new frontier is the cream will usually rise to the top, but I don't know if we're at that point yet.” To be clear, every stock in the highly fragmented universe isn't a fly-by-night penny stock. Cara Therapeutics (CARA), is trading at more than $15 a share, and is up 55% this year, but it wasn't listed last year. GW Pharmaceuticals (GWPH), is trading at more than $68 a share, and up 3% this year after gaining 63% last year. “If you're investing in this space, it should literally be money you expect to lose,” said Mr. Schatz. “Most of the penny-stock companies will not be around in three-to-five years, and until the federal government changes the laws, it is high-risk squared.” He compares the investing risks and opportunities to Internet stocks in the early 1990s. “There's not a lot of credibility with these companies, and investors don't understand the industry,” Mr. Schatz said. “It's a subsector of the economy that's ready to explode, but you've got the federal government standing in the way. Right now, this is not like buying AOL in 1998, because this is a complete and utter crapshoot.”

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.