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Leases
9 Months Ended
Sep. 30, 2023
Leases [Abstract]  
Leases

6. LEASES

 

 

 

(a) Operating Leases

The Company has operating leases for its retail stores and processing and cultivation facilities located throughout the U.S., as well as corporate office space located in Illinois. Operating lease right-of-use assets and operating lease liabilities are recognized based on the present value of future minimum lease payments over the lease term at commencement date.

All real estate leases are recorded on the balance sheet. Equipment and other non-real estate leases with an initial term of twelve months or less are not recorded on the balance sheet. Lease agreements for some locations provide for rent escalations and renewal options. Certain real estate leases require payment for fixed and variable non-lease components, such as taxes, insurance and maintenance. The Company accounts for each real estate lease and the related non-lease components together as a single component.

The Company determines if an arrangement is a lease at inception. The Company must consider whether the contract conveys the right to control the use of an identified asset. Certain arrangements require significant judgment to determine if an asset is specified in the contract and if the Company directs how and for what purpose the asset is used during the term of the contract. For the three and nine months ended September 30, 2023, the Company recorded operating lease expense of $11,628 thousand and $35,996 thousand, respectively compared to operating lease expense of $11,884 thousand and $31,906 thousand for the three and nine months ended September 30, 2022, respectively.

 

Other information related to operating leases as of September 30, 2023 and December 31, 2022 were as follows:

 

 

 

September 30, 2023

 

December 31, 2022

Weighted average remaining lease term (years)

 

11.98

 

11.64

Weighted average discount rate

 

12.41%

 

12.42%

 

Maturities of lease liabilities for operating leases as of September 30, 2023 were as follows:

 

 

 

Maturities of Lease Liability

Year Ending December 31,

 

Third Party

 

Related Party

 

Total

 

 

(in thousands)

Remainder of 2023

$

10,669

$

143

$

10,812

2024

 

43,250

 

437

 

43,687

2025

 

41,114

 

343

 

41,457

2026

 

40,409

 

350

 

40,759

2027

 

40,793

 

357

 

41,150

2028 and Thereafter

 

358,013

 

1,728

 

359,741

Total Lease Payments

 

534,248

 

3,358

 

537,606

Less: Interest

 

(274,503)

 

(1,268)

 

(275,771)

Present Value of Lease Liability

$

259,745

$

2,090

$

261,835

 

(b) Related Party Operating Leases

The Company has leasing arrangements that are related party transactions, including for certain facilities in Maryland, Massachusetts and Nevada. Wendy Berger, a director of the Company, is a principal of WBS Equities, LLC, which is the Manager of Mosaic Real Estate, LLC, and owns the facilities leased by the Company. Additionally, Mosaic Real Estate, LLC is indirectly owned in part by Ms. Berger (through the Wendy Berger 1998 Revocable Trust), Benjamin Kovler, the Chairman and Chief Executive Officer of the Company (through KP Capital, LLC), and Anthony Georgiadis, the President and a director of the Company (through Three One Four Holdings, LLC). The terms of these leases range from 7 years to 15 years. For the three and nine months ended September 30, 2023, the Company recorded lease expense of $139 thousand and $415 thousand, respectively, compared to lease expense of $296 thousand and $886 thousand for the three and nine months ended September 30, 2022, respectively.