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For Investors, Marijuana Remains a Cloudy Bet

It’s hard to deny the appeal of investing in legal cannabis. After all, how often do you get the chance to participate in a bona fide gold rush, with an ever-shifting market, few established players and consumer demand that is all but waiting to explode?

The recent, historical approval of marijuana for recreational use in Colorado and Washington state adds a brand-new element to the business. For investors, the smell of a once-in-a-lifetime opportunity is in the air. And who doesn’t want to add “drug kingpin” to their resume?

“Cannabis is really already a structured and mature market, it just exists in the black market,” says Derek Peterson, CEO of Terra Tech (TRTC), a startup that manufactures hydroponic growing systems. “It’s moving to the white market, or at least the gray market, but we still didn’t have to make the market, it already exists. We’re just taking it out of the hands of the cartels and putting it in the hands of legitimate business.”

And the upside potential is huge.

“It’s an industry that has a lot of problems, but that’s part of the opportunity,” explains Brendan Kennedy of Privateer Holdings, a Seattle-based private equity firm that’s focused on legal cannabis. “The companies are immature, the managers are unprofessional, it’s highly fragmented, there are no standards, the branding and marketing bar is very low and there are no established players. There are not even any Wall Street analysts that study this industry yet.”

Bigger than corn

Still, despite these problems, the sector has annual revenues in the neighborhood of $40 billion, which Kennedy says makes the cannabis market even bigger than corn. “How many people trade corn as a commodity?" he asks. "How many sub-industries are focused on corn? There will be a desk at Goldman where you have analysts studying cannabis. It’s going to happen and it’s going to happen faster than anyone thinks.”

Of course, the reality is that marijuana remains very much an illegal product in the eyes of the federal government, despite the rulings in Colorado and Washington and the fact that it's legal for medicinal purposes in more than a dozen other states. As an investment, it doesn’t get much riskier than that.

“The first thing I would point out to a prospective investor is that these companies are still breaking federal law,” says Irvin Rosenfeld, a South Florida-based stockbroker and author of the pro medical marijuana book, “My Medicine.”

“While Obama has said that the federal government has bigger fish to fry," Rosenfeld continues, "that hasn’t stopped the feds from going into states like California and telling dispensary owners that their tax dedications are disallowed, or the DEA from shutting down dispensaries that are near schools or parks.”