How decriminalization led to an explosion in cannabis startups | E2241

Watch on YouTube ↗  |  January 29, 2026 at 01:25  |  53:42  |  This Week in Startups
Speakers
Andrew Duffy — CEO and Founder, SparkPlug
Ford Smith — CEO and Founder, Ultra Native VC; Adviser, Cann
Socrates Rosenfeld — CEO and Founder, Jane
Jason Calacanis — Angel Investor / Founder, LAUNCH

Summary

Jason Calacanis hosts a cannabis roundtable with Ford Smith, Andrew Duffy, and Socrates Rosenfeld on the state of the legal cannabis and hemp industries. The discussion covers state-by-state legalization, likely federal rescheduling, 280E tax burdens, the rise of hemp-derived THC and cannabis beverages, and declining alcohol consumption among younger consumers. The guests are broadly bullish on cannabis's long-term normalization but warn that high-potency products, uneven regulation, and capital-market challenges remain risks.

  • US cannabis has grown from about $3B to $30B over a decade as more states legalize.
  • Guests expect federal rescheduling or legalization within a few years, with bipartisan support and midterm politics as catalysts.
  • Hemp-derived THC benefits from a federal loophole allowing DTC shipping, lower tax treatment, and CPG-style advertising.
  • Cannabis and THC beverages are taking share from alcohol, especially among Gen Z and GLP-1 users.
  • IRS 280E creates 60-70% effective tax rates for cannabis operators; its removal could make them profitable overnight.
  • High-potency concentrates and inconsistent regulation raise health, safety, and regulatory risks.
  • Capital formation cooled after 2021, shifting the industry from growth at all costs to survival and profitability.
  • The panel sees cannabis as the next great American industry but notes banking/pharma opposition and state-federal fragmentation.
Ideas
Andrew Duffy CEO and Founder, SparkPlug 3:42
State legalization fuels cannabis growth.
US cannabis operators are poised for a profitability inflection if federal legalization removes IRS 280E, which currently prevents them from deducting normal business expenses and forces 60-70% effective tax rates. Removing 280E would make many cannabis businesses profitable overnight and allow state excise taxes to become workable rather than pushing consumers into the illicit market.
Ford Smith CEO and Founder, Ultra Native VC; Adviser, Cann 7:14
Hemp THC loophole offers CPG economics.
The 2018 Farm Bill created a federal hemp-derived THC loophole: THC can be extracted from hemp and sold in gummies, edibles, and beverages without state cannabis licenses, without 280E tax limits, with direct-to-consumer shipping, and with normal CPG advertising. Ford avoided it as too risky but now wishes he had entered because brands quickly gained national market share and the economics are much more efficient.
Ford Smith CEO and Founder, Ultra Native VC; Adviser, Cann 19:58
Buy discounted cannabis beverage brands.
There is a near-term arbitrage in cannabis/hemp beverage companies: rescheduling uncertainty and heavy past fundraising/dilution have left some brands discounted, while traditional CPG investors and SPACs prepare to enter. Ford is actively assembling a portfolio of cannabis/hemp beverage companies and expects buyers with capital to get a discount in the roughly nine months before rescheduling.
Socrates Rosenfeld CEO and Founder, Jane 27:04
US cannabis is next great industry.
The US cannabis industry is the next great American industry: demand is inevitable because the plant helps millions and the illicit market has always found a way, while federal legalization in Washington is a matter of when, not if. The difficult capital environment will force the best companies to emerge.
Socrates Rosenfeld CEO and Founder, Jane 28:07
Alcohol demand is structurally declining.
Alcohol is in structural decline because young people are drinking less and GLP-1s reduce consumption, while cannabis and THC beverages take share. Alcohol companies are sitting on large inventories they cannot move, making the alcohol sector unattractive.
Ford Smith CEO and Founder, Ultra Native VC; Adviser, Cann 28:29
THC beverages taking alcohol share.
THC beverages are gaining mainstream demand as alcohol consumption falls: Gallup data shows alcohol consumption down to 54% and only 50% of Gen Z drinking versus 70% for prior generations, and Total Wine sees new customers specifically seeking THC beverages and leaving without alcohol.
Andrew Duffy CEO and Founder, SparkPlug 43:23
Low-dose products broaden cannabis market.
Current cannabis revenue is driven by heavy consumers buying high-THC products, but if stigma declines and more mainstream consumers enter, low-dose, high-quality branded products and different form factors can build reliable, sustainable businesses.
Up Next

This This Week in Startups video, published January 29, 2026, features Andrew Duffy, Ford Smith, Socrates Rosenfeld discussing MSOS, Hemp-derived THC products, Cannabis/hemp beverage companies, Alcohol sector, THC beverages, Low-dose cannabis products. 7 trade ideas extracted by AI with direction and confidence scoring.

Speakers: Andrew Duffy, Ford Smith, Socrates Rosenfeld  · Tickers: MSOS, Hemp-derived THC products, Cannabis/hemp beverage companies, Alcohol sector, THC beverages, Low-dose cannabis products