The bill federally legalized hemp, creating a loophole for brands to legally ship THC products direct-to-consumer and run normal CPG ads. This gave hemp-based companies a massive efficiency advantage over state-regulated operators burdened by taxes and marketing restrictions.
As alcohol consumption declines, cannabis-infused drinks are entering the mainstream and displacing traditional alcohol sales. In markets like Minnesota, these new beverages already account for over 15% of total alcohol sales, signaling a massive shift in consumer preference.
Unlike Canada's top-down legalization, the US's state-by-state approach has built significant, isolated infrastructure. Federal approval would unleash this capacity for interstate commerce, allowing production to consolidate in ideal locations and dramatically reshaping the national supply chain.
Regulatory uncertainty has depressed valuations for brands that burned capital fighting state-level rules. This creates an arbitrage window for investors to acquire established brands at a discount before federal rescheduling unlocks their true market potential and valuations rebound.
Suppliers label products 'for research use only' to legally ship them for non-human applications. This allows consumers, framed as amateur scientists, to purchase substances for personal use, bypassing FDA approval for human consumption and creating a thriving gray market.
Biohackers are creating a cottage industry by sending unregulated peptides to independent labs for purity testing. They then publish these results, creating a reputation system for sellers. This parallels the evolution of the cannabis market, suggesting a significant business opportunity as the sector formalizes.
The current challenging market forces cannabis startups to be incredibly resourceful, mirroring the industry's long history of operating in grey or illicit markets. This "survival of the fittest" environment ultimately strengthens the best companies.
Because cannabis is a Schedule I drug, tax code 280E prevents businesses from deducting standard operating expenses, resulting in crippling effective tax rates. Federal rescheduling would eliminate this, instantly making many struggling companies profitable overnight.
Large CPG players have slow, agency-driven feedback loops. Nimble DTC brands can win by rapidly testing creative, messaging, and offers online, gaining an insurmountable learning advantage. Speed itself becomes the strategic edge, not just a byproduct of being small.
Kalshi’s key strategic move was getting its prediction markets regulated by the federal CFTC, similar to commodities. This established federal preemption, meaning state-level laws don't apply. This allowed them to operate nationwide with a single regulator instead of seeking approval in 50 different states.
The demand for extremely high-THC cannabis is a direct consequence of prohibition and over-regulation. Just as alcohol prohibition led to moonshine, when consumers take risks or pay high taxes, they demand the most potent product for their money, skewing the market.