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Ohio MSOs Shocked to Learn “Everyone Charge the Same” Is Still Illegal

  • josephsmithsbestfr
  • 20 hours ago
  • 2 min read

In a stunning development that absolutely no one outside a cannabis executive Slack channel saw coming, several multi-state operators are now being sued by the Ohio Attorney General for allegedly doing the one thing capitalism is extremely clear about:

Agreeing on prices. Together. On purpose.


According to the lawsuit, what the state is calling price fixing is what the cannabis industry has spent years rebranding as alignment, stability, and protecting the consumer experience.

Turns out antitrust law did not get that update.


“We Thought That Was Just How Weed Worked Now”

For a decade, MSOs have insisted they are not cartels.

They are sophisticated operators.

They wear vests.

They have decks.

They say “margin compression” constantly.


So imagine the confusion when Ohio looked at a market where prices mysteriously never moved, competition politely disappeared, and everyone’s numbers lined up perfectly, and said, “No. That is illegal.”


Executives were reportedly shocked to learn legalization did not come with a group pricing exemption.


Capitalism Enters Its Group Project Phase

The alleged conduct reads less like organized crime and more like a poorly managed group assignment:

Everyone agreed not to undercut each other.Nobody wanted to be the first to lower prices.


Someone definitely said, “If we all hold the line, this works.”

Someone else definitely said, “Delete that thread.”


It is the kind of coordination that only happens when competitors forget they are supposed to compete.


“Market Stabilization” Is Not a Legal Defense

The cannabis industry has spent years explaining that weed is different.

It is regulated.

It is expensive.

It is fragile.

Margins are thin.

All true.


None of that turns price fixing into a misunderstood strategy.

Calling it market stabilization does not help.

Calling it industry alignment does not help.

Calling it protecting small operators especially does not help when small operators are the ones getting crushed.


Cartel Is a Strong Word, Emails Are Stronger

No one in cannabis wakes up and says, “Let’s form a cartel.”

They say:

“Let’s be responsible.”

“Let’s avoid a race to the bottom.”

“Let’s make sure pricing stays healthy.”


Then they accidentally recreate the most illegal chapter of Econ 101.

The issue is not intent.

The issue is coordination.

And prosecutors tend to love coordination, especially when it is documented.


The Real Irony

For years, cannabis executives promised legalization would eliminate black market behavior.

Instead, Ohio is alleging they simply:

Put it on a calendar invite.

Called it strategy.

Added a compliance slide at the end.

Same behavior.

Better branding.

Much worse consequences.


Final Thought

The most shocking part of this story is not that price fixing allegedly happened.

It is that anyone thought it would go unnoticed.

Cannabis executives love to say they want to be treated like real businesses.

Congratulations.

This is what that looks like.

Welcome to antitrust law.


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