FireStarter: Massachusetts Keeps Legal Sales, Democrats Take Congress, Curaleaf Posts Record Quarter
Good morning. This is FireStarter No. 3, and it is the morning after. The biggest cannabis vote of the cycle went the industry’s way, and it was not close. Massachusetts voters kept adult-use sales. Idaho voters kept their right to put cannabis on the ballot. Houston told its police to put possession at the back of the line.
The federal picture changed too. AP race calls give Democrats both the House and the Senate. That does not pass a banking bill on its own, but it changes who sets the agenda in January. On the business side, Curaleaf reported a record quarter after the bell, and Trulieve and TerrAscend report Thursday. Counts are still running in several places, so we flag every number with its time stamp.
1Massachusetts voters reject Question 8, keeping adult-use sales legal
The Associated Press called Question 8 for “No,” with 76% against and 24% for at 47% of precincts reporting, CBS6 Albany reported early Wednesday. The measure would have ended adult-use dispensary sales in January 2028 while keeping medical sales and adult possession legal. The Marijuana Policy Project says the market brings in more than $1.6 billion in annual gross sales, nearly $300 million in state and local taxes and about 23,000 jobs. NORML’s Paul Armentano said “there’s no ‘buyer’s remorse’ among voters” on legalization.
2Democrats win control of the House and Senate
Democrats won control of both chambers, according to AP calls reported by Spectrum News as of 1:50 a.m. ET Wednesday. As of 1:30 a.m., Democrats had flipped seven Republican-held Senate seats and 16 House seats, Spectrum reported. The flips include Ohio, where former Sen. Sherrod Brown beat Sen. Jon Husted, and Texas, where James Talarico beat Attorney General Ken Paxton. Brown chaired the Senate Banking Committee when it advanced the SAFER Banking Act in September 2023, according to IgniteIt’s preview.
3Idaho voters reject HJR 4, keeping the ballot route to legalization open
Idaho voters rejected HJR 4, a constitutional amendment that would have given the Legislature sole power to legalize marijuana and other drugs, KIFI Local News 8 reported. More than 66% voted no, with 36 of 44 counties reporting as of 12:34 a.m. Wednesday, according to unofficial results. The Legislature put the amendment on the ballot after a medical cannabis initiative fell short of signatures, Marijuana Moment reported. NORML’s Armentano called HJR 4 “anti-democracy.”
4Houston approves Prop A, making marijuana possession its lowest police priority
Houston voters approved Proposition A, KPRC 2 reported, with 72% in favor in early returns as of 10:45 p.m. Tuesday. The charter amendment makes Class A and B misdemeanor possession the police department’s lowest enforcement priority, bans no-knock warrants and orders a five-year audit of marijuana enforcement, according to The Marijuana Herald. It does not legalize marijuana. Texas Attorney General Ken Paxton has sued cities including Austin, Denton and San Marcos over similar voter-approved measures, Marijuana Moment reported.
5Ayotte wins a second term in New Hampshire, keeping legalization on hold
Republican Gov. Kelly Ayotte beat Democrat Cinde Warmington, with the AP calling the race at 12:42 a.m. Wednesday, InDepthNH reported. Ayotte led 51.1% to 47.3% with about 84% of the vote counted. Ayotte opposes legalization and has threatened to veto any legalization bill, while Warmington campaigned on legalizing and taxing cannabis, Marijuana Moment reported. Lawmakers overrode Ayotte’s veto of a medical cannabis greenhouse bill this year.
6Curaleaf posts record $352.7 million quarter, but margins slip
Curaleaf reported third-quarter revenue of $352.7 million, up 10.9% from a year ago, in its Nov. 3 release. Adjusted gross margin fell to 48.7% from 50.6% a year ago. Adjusted EBITDA came in at $77.6 million, a 22.0% margin. International revenue rose 28% to $58.7 million. The company kept its target of about $150 million in operating cash flow for 2026 and said it began receiving DEA registrations for medical dispensaries after the quarter ended. The release does not say how many registrations or in which states.
7Curaleaf keeps its Aurora bid alive after Organigram’s deal
Organigram agreed to buy Aurora Cannabis for C$7.80 a share, or about C$561 million, IgniteIt reported. Curaleaf said Tuesday that its enhanced Oct. 6 offer still stands. It accused Aurora’s board of “gross dereliction of their fiduciary duties” for giving Organigram due diligence access it denied Curaleaf. In its earnings release, Curaleaf said it is weighing its options for continuing to pursue Aurora.
8IIP’s quarter shows how much tenant defaults are costing landlords
Innovative Industrial Properties reported third-quarter revenue of $64.9 million, up 0.4%, and adjusted funds from operations of $1.96 a share, the REIT said Monday. It applied $11.6 million in security deposits in the quarter, up from $10.5 million in the second quarter. All PharmaCann leases are terminated, and three 4Front properties make up 7.1% of annualized contractual rent while receivership plays out. IIP also took back seven properties from The Cannabist in September.
9Rescheduling replies are due Thursday
Parties in the DEA rescheduling hearing can file reply briefs by Thursday, Nov. 5, under an order from Chief Administrative Law Judge Derek Julius, The Marijuana Herald reported. The briefs, capped at 10 pages, address how much weight the Sept. 23 GAO report on scheduling deserves. Julius refused to reopen the hearing for more testimony. The stay on the case lifts automatically when briefing ends.
10Massachusetts veterans’ medical access bill heads to the Senate floor
The Massachusetts Senate Ways and Means Committee approved a House-passed bill that would let veterans become medical patients using VA documentation, without a doctor’s certification, Marijuana Moment reported. It would also add PTSD, opioid use disorder and chronic pain as qualifying conditions. Gov. Maura Healey filed the original proposal. Senate floor action was expected Thursday.
- Georgia raises card fees: Georgia’s Department of Public Health will charge $75 for a five-year medical cannabis card, new or renewed, starting Dec. 5, the agency said Tuesday.
- Consumers want the 280E savings: 74% of 654 legal-market consumers polled by NuggMD expect businesses to pass tax relief from rescheduling on as lower prices, Marijuana Moment reported.
— Elliot

