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Law Canada MJ News

"According to Scotiabank, logistical issues are expected to allow the black market to control 71% of all Canadian cannabis sales in 2019, with this figure plummeting to 37% by 2020"

Politicians and government bureaucrats....the absolute kings of unintended consequences and shortsightedness.


Canada's black market to control 71% of marijuana sales in 2019


The marijuana industry had itself a year in 2018 like none before it. Having entered the year as a still somewhat taboo topic, cannabis exited 2018 on solid ground. That's because the industry was legitimized following the legalization of recreational pot in Canada on Oct. 17, 2018.

The passage of the Cannabis Act in June and the official kickoff of sales in October rolled out the red carpet (or dare I say "green" carpet) for the legal weed industry, which should result in billions of dollars in added annual sales by the early part of the upcoming decade. This legalization also signaled that the pot industry was here to stay and to welcome investors.

But in spite of Canada going green, the industry itself hasn't exactly launched out of the gate as expected. Rather, it's dealt with a series of logistical issues that have worked to constrain supply at a time when residents and tourists are eager to buy cannabis products.

Canada's cannabis industry is facing a number of logistical challenges
Just hours after legal sales commenced in October, a dispensary in Winnipeg, Manitoba, ran out of product and had to shutter its doors. Supply issues have plagued practically every Canadian province at one point, and there's no exact timetable on when supply will be sufficient to meet demand.

How, exactly, did the industry and regulators not foresee this coming? One problem is with Health Canada itself. The regulatory agency tasked with overseeing the legal weed industry is absolutely buried in cultivation license and sales permit applications. Back in May 2018, Marijuana Business Daily found that Health Canada had a backlog of more than 500 cultivation license applications and that sales permits were taking, on average, 341 days to be issued following the receipt of the application. Essentially, it's taking more than a year to complete the process of getting approved to plant cannabis crops and then selling those crops.

Another under-the-radar issue is packaging. Prior to the launch of recreational cannabis products, Health Canada outlined a rigorous set of packaging regulations that would need to be followed if marijuana products were to be approved for sale. This included creating packaging that was tamper and child resistant and that contained a yellow warning label. These restrictions have led to a packaging shortage. If that isn't an opportunity for branding and packaging specialist KushCo Holdings to step up and shine in the months to come, I don't know what is.

The ongoing ramp-up of capacity in Canada is the third and final major problem. While growers would have preferred to have started construction on greenhouses earlier, none were willing to pony up $100 million or more without knowing with certainty that the Cannabis Act would become law. Prime Minister Justin Trudeau had spoken of legalization for years without any legislative follow-through, which caused growers to wait until December 2017 or January 2018 before they really began expanding their capacity. It'll likely be two more years before the industry is operating on all cylinders.

The black market is loving this logistical nightmare
Then again, the underground market for marijuana, often referred to as the black market, has to be enjoying these logistical challenges. Having insufficient supply in dispensaries creates the perfect opportunity for illicit growers to take or reaffirm their market share.

As a reminder, legal sales channels involve a 10% excise tax, require profitable companies to pay federal corporate income tax, and take time to get the appropriate cultivation licenses and sales permits. Black-market marijuana, on the other hand, has no excise taxes to pay, nor federal income taxes, and the underground growers certainly don't abide by cultivation licenses or sales permits. In other words, the illicit market can handily beat legal sales channels on price, making them an attractive go-to for consumers.

However, it's always been hard to quantify how much of the cannabis market illicit growers control. A new research note from Scotiabank analysts Oliver Rowe and Ben Isaacson, courtesy of BNN Bloomberg, specified this figure.

According to Scotiabank, logistical issues are expected to allow the black market to control 71% of all Canadian cannabis sales in 2019, with this figure plummeting to 37% by 2020, once many of these packaging and regulatory red-tape issues are dealt with. Further, the firm lowered its projected sales of legal cannabis in 2019 by 30% and slashed revenue estimates in the fiscal third quarter for Canopy Growth (NYSE:CGC), the largest pot stock in the world, by more than 40% to 79 million Canadian dollars.

image

On one hand, the expectation that a third of all purchases in Canada will shift from the black market to legal sales channels in the span of one year is incredible. If accurate, it demonstrates that Trudeau's push for a low excise tax rate of 10% will be justified.

On the other hand, it's just as staggering to realize that more than two out of three marijuana sales this year are liable to be conducted under the table and out of the sight of regulators. That's a massive amount of lost revenue for a legal cannabis industry that's trying to prove its worth to investors.

For example, Canopy Growth has had plenty of things working in its favor. It landed a $4 billion equity investment from Corona and Modelo beer maker Constellation Brands, is projected to be the second-largest grower by peak annual output, and has what's arguably the most well-known cannabis brand in its product portfolio in Tweed. But it's also a company that lost a whopping CA$215 million on an operating basis this past quarter, and that's not going to get any better anytime soon until these logistical issues throughout the country are dealt with. That makes Canopy Growth and many of its peers particularly risky investments.

Even though this is an estimate from a solitary investment bank, it speaks volumes to the challenges yet to be tackled by the legal cannabis industry.
 
@Baron23 as a canadian with a medical prescription that means you're cannabis is provided by an LP. Health Canada originally only allowed them to sell dried bud, and later added infused vegetable oil to their product line. If a med patient wants a couple of grams of shatter, ore anything besides dried herb or infused oil, the aforementioned patient would need to either make it themselves, or know a buddy who can make it for them.

Dispensaries are illegal in canada. Ditto for edibles. And topicals. Anything not dried herb or infused veg oil.

Packaging rules have changed how cigarettes are displayed and sold, which isn't a bad thing. Quebec just banned cannabis leaf logos on clothing, thereby creating a new type of modern 2019-style criminal. Its fun to watch it all unfold...
 
Dispensaries are illegal in canada.

They are? Now I'm confused.....cause is sure seems like I read about open dispensaries.

a canadian with a medical prescription

I'm pretty sure that the article was addressing the entire market....incl rec.
 
You misread, but there is an awful lot of legalese to wade through. Dispensaries are being closed, while government stores are closing as they have no product for sale. Gov stores use a model of gov supplier provides product to license holder, who can only purchase product from a selection of gov suppliers. Product meaning dried herb or infused veg oil. Anything else you'll need to make yourself or buy from a local or online dispensary, which are being shut down daily.

A recent gov store was forced to close as they were selling herb they had purchased from a local grower and not from the gov supplier who had nil stock available.

Gov Supplier = LP, or Licensed Provider
Rec user = store, supplied by LP
Med user = buy online from LP, with a different name so as not to be confused with rec.

Med users purchase online, except now there is very limited selection, with most all providers being out of stock of many strains at any given time.
Meanwhile, we're exporting cannabis. Yay us :)
https://www.google.com/amp/s/globalnews.ca/news/4906704/clarenville-cannabis-store-closes/amp/
 
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Here's the current legal structure that Canada's 'legal' system works under...

https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/laws-regulations.html

https://www.justice.gc.ca/eng/cj-jp/cannabis/ includes this :
Criminal penalties
Cannabis offences target those acting outside of the legal framework, such as organized crime. Penalties are set in proportion to the seriousness of the offence. Sanctions range from warnings and tickets for minor offences to criminal prosecution and imprisonment for more serious offences. Some offences specifically target people who make cannabis available to youth.

"Outside legal framework' is where dispensaries fit in.
 
Black Market Weed Could Make Up 72% of Canada’s Recreational Sales in 2019
That’s because there’s a bottleneck in the legal weed supply chain, analysts say.

All of this is compounded by the limited retail presence in major provinces, particularly in Ontario, the country’s most populous province, which won’t have physical storefronts open until April. British Columbia, which has a reputation for being Canada’s weed capital, only opened one store at the start of legalization, and has been slow-moving since.




https://www.vice.com/en_ca/article/...tm_source=Campaign Monitor&utm_term=READ MORE
 
So true I am in British Columbia and as I see it the main reasons that the people don’t buy government weed is:
Stupid shitty badly thought out packaging regulations
Lack of supply
Lack of brick and mortar outlets
Far less than stellar quality
And insanely high prices

The government screws up everything they get there hands on
 
@Bcbud - greetings from, umm, BC :wave: As a medical patient I'm in total agreement. Med patients didn't experience shortages pre-legalization, and now neither med nor rec can find product through the legal channels. Meanwhile, canada is a cannabis exporter. Meanwhile, dispensaries and compassion societies continue to get shut down. It's very shady...

Black market shops busted in Hamilton, Ont., used to reopen almost immediately, but legalization gives police new powers to shut them down for good.

https://lift.co/magazine/how-are-illegal-pot-dispensaries-still-operating-in-plain-sight
 
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Canada's Cannabis Laws And 5 Burning Questions For 2019

This is the initial post in what will be a five-part series on the 5 Burning Questions for Canadian Cannabis in 2019.

2018 was a momentous year for cannabis advocates as Canada became the second country (after Uruguay) to legalize recreational marijuana use. Canadians and cannabis companies alike eagerly awaited legalization, but the rollout hasn’t been as smooth as they would have liked.

The most pressing problem facing the country’s legal weed market is the fact that, in the majority of provinces, suppliers are unable to meet demand. According to MarketWatch, the complexity of scaling up a national legal cannabis supply chain has left many retailers with just a fraction of the promised products. In many areas, the supply shortage may last well into 2019.

Some experts say the bottleneck exists in the regulatory approval by Health Canada of Licensed Processors and Cultivators. “The cultivation and processing capacity exists, but the lack of licensing is keeping that production off the shelves,” Rob McIntyre, CFO of Salvation Botanicals Ltd., told me. His Canadian extraction and formulation company recently agreed to produce cannabis products for U.S.-based Medical Marijuana, Inc. for the Canadian market.



“Health Canada has added significant resources to attempt to shorten the approval process, but the backlog is significant,” McIntyre explained. “In the coming months, we expect to see this supply shortage ease.”



On the opposite end of a product shortage is strong product pricing for cannabis producers and retailers. A gram of high-quality cannabis in Vancouver, Canada, for example, sold for $189.69 an ounce as of the date of this article. Meanwhile, in Portland, Oregon, where an overabundance of marijuana is begging to cross state lines, you could buy an entire ounce of similar high-quality cannabis for around $100.

These initial gains, however short-term they may be, will help Canadian cannabis companies offset their startup costs. “This will quickly help companies recoup the costs of building expensive cultivation facilities,” said Debra Borchardt, CEO of Green Market Report, and Canadian cannabis industry expert. “Once production begins to meet demand, then the prices will fall, which is great for consumers, but will come at a cost to the producers.”

Another less obvious issue is the diversity of cannabis regulations from province-to-province. Though weed is legal everywhere in Canada, for smokers and businesses, where you are in the country will have a huge impact.

Currently, the only constants from province-to-province under the federal Cannabis Act are a possession limit of up to 30g of dried flower (or an equivalent) and a ban on consumption in vehicles. Beyond that, everything from the legal age to the rules on public consumption can be different—though the provinces all share a common goal in discouraging underage use and exposure.

Nationwide, the biggest change in 2019 is the legalization of edible sales, which will occur no later than October 17, 2019—one year after marijuana legalization. Since edibles are more appealing to children, Canadian officials are being much more circumspect about rolling these products out. As Vicepoints out, it is unclear how the regulations around edibles will play out, since the government hasn’t ruled exactly what it means for a product not to “appeal” to a young person.

Provincial Laws

Here’s a quick breakdown of the current laws in each province, plus news on any upcoming changes in 2019:

DwXxRUTWoAMo4U4.jpg


Alberta:

You must be 18 years old to consume, buy, possess, and grow. Public consumption laws are the same as tobacco, though you can’t smoke near children. Home cultivation is allowed (up to four plants).

Though the province originally planned for 250 licensed retail stores managed by Alberta Gaming, Liquor, and Cannabis, supply constraints mean it will be 6-18 months before the next stores open after the first 65 opened. The province also allows online sales controlled by the government.

British Columbia:

You must be 19 years old to consume, buy, possess, and grow. Public consumption laws are the same as tobacco, though you can’t smoke near children. Home cultivation is allowed (up to four plants), though they must be hidden from street view.

British Columbia has not put a cap on the number of retail locations, but the licensing process has been slow. The first store opened up in December in Vancouver. Like Alberta, British Columbia allows online sales controlled by the government.

Manitoba:

You must be 19 years old consume, buy, and possess. Public consumption is almost completely restricted. Unlike other provinces, you won’t be able to grow your own weed at home.

By the end of November 2018, only fourteen retailers had been granted licenses. The province will allow for private online and retail stores.

In 2019, the Safe and Responsible Retailing of Cannabis Act will take effect, adding on a 6 percent tax on revenues of licensed cannabis retailers as a “Social Responsibility Fee.”

New Brunswick:

You must be 19 to consume, buy, possess, and grow. You will only be allowed to consume it in a private residence. Up to four household plants are allowed, as long as they are locked and secured.

The province will have 20 government-run locations and permit government-controlled online sales. Like many other provinces, New Brunswick has seen a spate of store shutdowns due to a lack of supply.

Newfoundland and Labrador:

You must be 19 to consume, buy, possess, and grow. You will only be allowed to consume it in a private residence. You can grow up to four plants per household.

Newfoundland and Labrador have a hybrid retail model, with private retailers receiving licenses to sell products controlled by the Newfoundland and Labrador Liquor Corporation. Online sales will go through the government-controlled NLC as well.

Nova Scotia:

You must be 19 to consume, buy, possess, and grow. You will only be allowed to consume it in designated public places. You can grow up to four plants per household, as long as they’re inside.

Nova Scotia Liquor Corporation, a government-run entity, will control online and retail stores, with 12 physical locations available at launch. Similar to other provinces, Nova Scotia faced shortages throughout 2018.

Ontario:

You must be 19 years old to consume to buy, use, possess, and grow. Public consumption laws are the same as tobacco in the province, meaning many public areas—especially ones where children may be—are off limits. There’s a four plant limit per household.

On April 1, 2019, Ontario will begin allowing private retail stores, but for now, the only place to get it is through retail and online stores—the aptly named Ontario Cannabis Store—controlled by the Ontario LCBO. Thus far, the rollout has been…buggy. A questionable supply chain has been plagued by mold, mislabeled products, and mites, leading many to return to the black market in the region.

Prince Edward Island:

You must be 19 to consume, buy, possess, and grow. You will only be allowed to consume it in private residences at present. You can grow up to four plants per household, as long as they’re inside and not in reach of children.

Like many other provinces, a government-run entity, the Prince Edward Island Cannabis Management Corporation, will operate retail locations and online sales. At launch, there were four licensed retail locations. Compared to other areas, PEI’s rollout has been relatively smooth.

Quebec:

You must be 18 years old to consume, buy, and possess. Public consumption follows the same rules as tobacco, with smoking at schools and universities expressly prohibited. That may all change if newly proposed laws pass in 2019 which would raise the legal age to 21 and prohibit any smoking in public. Regardless, you cannot grow plants at home.

All online and retail sales are controlled by the Société Québécoise du Cannabis (SQDC). Since pot was legalized in October, retail locations have been closed several days of the week because of the lack of supply.

Saskatchewan:

You must be 19 years old to consume, buy, possess, and grow. Public consumption is prohibited. Four household plants are allowed per household.

Unlike many other provinces, Saskatchewan will have a private distribution system. The province handed out 51 licenses prior to Oct. 17, the day sales became legal, but as of December, only a handful of those stores have opened because of supply issues. Online sales are allowed through private retailers.

5 Burning Questions for 2019

2019 marks the first full year of legal cannabis in Canada. 2018 was full of excitement for legalization, plus a whole bunch of disappointment as supply issues affected many parts of the country.

As we head into the new year, these are the biggest questions Canada’s cannabis industry will need to answer.

  1. Will There Be Enough (Legal) Pot in Canada?
It would be an understatement to say that cannabis consumers were not best of buds with the country’s suppliers.

  1. What Trends Will Dominate?
For consumers, the biggest trends for the upcoming year will be the emergence of the edibles market and the expansion of CBD products.

  1. Which IPOs Will Take Flight?
Look for even more U.S.-based companies to offer IPOs in Canada’s markets—and vice versa.

  1. Does the U.S. Legalizing Hemp Jeopardize Canada’s Industry?
In December 2018, the U.S. Congress passed the Farm Bill, an omnibus bill that, among other things, legalized the cultivation of industrial hemp and allows for interstate commerce of hemp-based products for the first time in decades. Though this brings competition to hemp production in North America for the first time, Canada has decades of research and growing experience under its belt already.

  1. How Does Legal Weed Play Out on the International Stage?
As the second country to legalize recreational cannabis-use, Canadians are reveling in their newfound freedom. But it’s unclear how cannabis use will affect international relations.

For better or worse, 2019 will be a telling year for the Canadian cannabis market. Let me know what you think’s going to happen on Twitter (@SocialMktgFella).

--

Disclaimer: I have no financial interest or positions in the aforementioned companies. This information is for educational purposes and does not constitute financial and/or legal advice.
 
The government expects that consumers will continue to purchase legally through an online store despite a price that is 50 per cent higher than the black market. The government fails to recognize that once a purchase order has been processed, they have entered into a contract with the consumer to deliver the product as promised and in a timely manner. Customer orders are tough to fulfill when suppliers have cannabis shortages.

Full story at...

https://www.huffingtonpost.ca/jasmine-daya/weed-legalization-government-lawsuits_a_23674019
 
Proposed edible pot rules are wasteful, would leave products tasteless: critics

VANCOUVER -- Canada's proposed edible pot regulations would result in tasteless products wrapped in wasteful packaging, shutting out medical patients and fuelling a continued black market, critics say.

The consultation period on the proposed rules ended Wednesday and Health Canada is now reviewing the responses. Jessika Villano, owner of Buddha Barn dispensary in Vancouver, says she hopes the government genuinely wants her opinion.

"I don't feel like anybody's been listening. I feel a little bit deflated, actually," she said.

When Canada legalized weed last fall, it only allowed fresh or dried bud, oil, plants and seeds. Health Canada released its proposed regulations for edibles, extracts and topicals in December and asked for feedback.

The government plans to have regulations in place for those products no later than Oct. 17 this year.

Villano said she's concerned about a number of elements of the proposed regulations. A single serving would be limited to 10 milligrams of THC, the psychoactive ingredient in cannabis, and each serving must be individually wrapped.

The rule is more strict than regulations in Colorado or Washington, where multiple servings are allowed per package, for example in a chocolate bar demarcated into squares that each contain 10 milligrams.

"I feel that Health Canada is creating an environmental nightmare," Villano said.

Long-time users who take cannabis to combat pain, stress or nausea use much higher doses, with some cancer patients using up to 650 milligrams per dose, she said. The regulations would outlaw higher-dose products and any substitute would be unattainably expensive, she said.

The regulations also say the products must not be appealing to youth and the packages can't advertise dessert or confectionery flavours. Edibles must also not "encourage over-consumption" and be shelf-stable, so no refrigeration.

While there's nothing in the rules that explicitly outlaws sweet ingredients, Villano said she's worried the restrictions mean brownies, cookies and candies are off-limits.

"They're proposing that we sell sand," Villano said. "I think a lot of adults would like to have cannabis sugar in their tea."

Health Canada was not able to provide a response before publication.

Yannick Craigwell's company, Treatsandtreats, sells sweet goodies containing up to 220 milligrams of THC to medical patients. His packaging isn't colourful or bright -- it's simply a black bag with a clear window to show what's inside and a muffin on the logo. But the proposed regulations would not allow a cut-out window nor the advertising of confectionery flavours.

Craigwell said he hopes Health Canada sets up an office where companies can send their package designs for approval or disapproval, because "there's no way to know" what's acceptable based on the proposed regulations.

He said he had no doubt the black market would persist if the proposed rules are finalized without changes.

"If there's a need, people are going to fill that need. If there's a financial reward for filling that need, that's the whole premise of the black market," Craigwell said.

Bruce Linton, CEO of Canopy Growth Corp., said the rules aren't perfect, but they're very good. His company is developing a calorie-free cannabis beverage and he doesn't see an issue with the 10 milligram limit per serving for drinks.

The one type of product where the limit might be too strict is a vape pen, which usually hold a higher dose so they can be used on multiple occasions, he said.

But for the most part, the government is moving forward in a very well-regulated, incremental way, he said, adding it's easier to increase the allowed dosage later rather than decrease it.

"In the context of how governments normally work, this is astounding," Linton said.

"The government of Canada has come up with how you can drink and eat and vape cannabis and are regulating it at a federal level and are selling it through provincially controlled stores. Are you sure we're not making all this stuff up?"
 
Everyone in Canada should be learning both how to grow and also how to extract, followed by learn how to medicate appropriately for your personal issues. Want to learn more? Just ask nicely :)
 
my strata council has banned growing

Thats one rule they've really managed to mangle - it's federally legal, and strata rules shouldn't override federal law. But having said that things will likely change once there are a couple of challenges through the courts.

There are more extraction methods than just alcohol. Dry sift is a current fave for small batches. https://cannabisdigest.ca/dry-sift-hash/

As for alcohol - In BC you can get a prescription from a doctor for surgical alcohol. Or make your own, which will require a little distillation. A Green Oil Machine, Megahome Distiller, or other tabletop unit is needed to get to higher %s: http://www.ispirits.com.au/wawcs0148056/make_your_own.html

https://www.greenoilmachine.com/product-p/gom.htm

Or this might be handy, but kinda pricey... https://ocolabs.com/shop/extractor/the-complete-system/
 
Bruce Linton, CEO of Canopy Growth Corp., said the rules aren't perfect, but they're very good. His company is developing a calorie-free cannabis beverage and he doesn't see an issue with the 10 milligram limit per serving for drinks.

That's cause he's going to sell them no matter what....but what about the patient having to drink a fucking six pack of this shit just to get 60mg? This is BS and and Linton is full of it.
 
Thanks for the information. My only foray into extraction has been with water washed abv.
With currently 13 strains in rotation I like the variety of effects and flavours of the herb. As for strata bylaws the B.C. government has empowered Stratas to ban cultivation and smoking. This can include strata lots as well as common property. Combining tobacco and cannabis together in a no smoking bylaw makes it pretty easy to get 75% of the owners votes. Problem is most stratas are including vaping as a form of smoking in the bylaw due to ignorance and a lack of knowledge of this consumption method.
 
I can't speak in detail, but a strata board is like condominium board, a governance model for managing how people live together with all the shared walls and floors. The board is made up of tenants, and the ones that tend to be on the board tend to be the ones who like rules...
 
Medical cannabis expenses eligible for tax deductions, confirms Canada Revenue Agency

Good news, medical cannabis patients!

The Canada Revenue Agency (CRA) confirmed this week that medical cannabis purchased under physician’s order can be considered an eligible medical expense, come tax season.

The Canadian Medical Cannabis Industry Association (CMCIA) received a letter last month from the CRA that officially confirmed that legal cannabis from a licensed producer counts as a legitimate medical expense.

The letter was a response to a letter sent by the CMCIA requesting an official decision on the tax status of medical cannabis. The CRA lists cannabis and cannabis seeds on the list of qualifying expenses.

Calculating medical expenses is no easy feat and involves the amount of taxable income the individual is bringing in. The cost of medical cannabis from a licensed producer can quickly become unaffordable for many—especially since it isn’t yet covered by many insurance plans—so medical users could be eligible for the deductions.

A spokesperson for the CRA told the CBC this week that the Income Tax Act has been reimbursing medical cannabis costs for nearly 10 years.

“This is an important step because it allows patients to write off a major component of their health-care costs,” Aurora Cannabis CCO Cam Battley toldCBC News.

Battley estimated that the typical cost per medical cannabis patient adds up to roughly $7.60 a day. That means a year’s worth of medication could cost over $2,500, depending on format and dosage, rendering medical cannabis inaccessible to many who desperately need it.

So this tax season, make sure your accountant knows how much weed you smoke, and provide receipts; it might just get you a sweet tax break.
 
Not really an issue to me....in CAN or USA...I was perfectly willing to accept politicians insatiable hunger for money and power to do what they should have done decades ago. Oh, the poor baby's are disappointed they don't have as much money clawed back from MJ users to use for perpetuating their careers. No tears from me.


Recreational cannabis isn't the cash cow the government hoped for

This month the federal government sent the first cannabis excise tax payments to the provinces. But almost none of the amounts was disclosed. That’s likely because the cheques were smaller than officials had expected. But perhaps it’s also because medical cannabis clients think the taxes are unfair.

British Columbia is the only province so far to disclose its excise tax revenues: $1.3 million for October to December 2018. It had expected $50 million total this fiscal year, but now will be lucky to get $3 million. Other provinces haven’t disclosed their receipts. Manitoba didn’t even mention cannabis revenues in last week’s budget.

1211_pot_vs_ancillary_432-e1545409773315.jpg


Cannabis plants are cultivated in a grow room at Up Cannabis Inc. in Brantford, Ont., on Jan. 16, 2018.

We can, however, estimate pot tax revenues using other data. First consider the federal government’s share.

Health Canada data shows producers sold 20.3 tonnes of medical cannabis last quarter. They also apparently shipped 42 tonnes of recreational cannabis to distributors. The federal cannabis excise tax portion is $0.25 per gram or 2.5 per cent of wholesale value, whichever is higher. This implies Ottawa received some $16 million in excise taxes last quarter. During that period, Statistics Canada says legal cannabis sales totalled $307 million. The five-per-cent federal goods and services tax would have generated $15 million from that. This suggests Ottawa earned about $31 million in GST and excise taxes on cannabis last quarter.

Figures suggest Ottawa earned about $31 million last quarter

Estimating provincial revenues is trickier, as only recreational sales are broken down by province. But Health Canada reports medical shipments by province. Those can serve as rough indicators of sales.

For example, Nova Scotia sold $17.2 million of recreational cannabis last quarter, or 11 per cent of Canada’s total. Its most recent medical cannabis shipments represented four per cent of the national total. That implies medical sales were around $6.3 million. The province’s excise tax is $0.75 per gram or 7.5 per cent of value, while its harmonized sales tax share is 10 per cent. These imply Nova Scotia received roughly $6.2 million in excise and sales taxes.

Below are similar estimates for each province:

na0313-pot-tax-revenue-copy.png


Adding the federal and provincial numbers gives a Canada-wide total of some $96 million. That’s $62 million from excise taxes and $34 million from sales taxes. Put another way, $59 million came from recreational cannabis and $37 million from medical.

The latter number is controversial. Both users and producers of medical cannabis argue it should be tax-free like regular medicines. They feel it’s unfair to tax products that help with such ailments as epilepsy. But governments worry tax exemptions could tempt recreational users. Some might switch to medical products to save money.

Here’s a potential compromise: remove excise and sales taxes on medical purchases, but only for cannabis oils. Dry (smoke-able) cannabis would remain taxable, as would cannabis edibles when they eventually arrive.

Here's a potential compromise: remove excise and sales taxes on medical purchases, but only for cannabis oils

This could work because medical and recreational users have different preferences. Last quarter, 74 per cent of medical purchases involved oils. Conversely, 72 per cent of recreational sales involved dry cannabis.

So, exempting cannabis oil medical sales would help most medical clients while tempting few recreational consumers. The federal government could include this change in its budget presentation on March 19.

At the same time, Ottawa should simplify its ungainly excise tax structure. Currently, producers deal with 13 different tax stickers and eight different tax formulas. The appropriate sticker and formula depends on shipping destinations and/or product values. If customer orders change and products get rerouted, the stickers and calculations must be redone.

cpt122-the-canadian-press10.jpg


Pedestrians pass a Cannabis NB store in Saint John, N.B., on Oct. 14, 2018, three days before the legalization of recreational marijuana in Canada.

Finally, the federal and provincial governments should delete the $1 per gram minimum combined excise tax and simply charge 10 per cent of value. This would make it easier for legal vendors to offer value-priced products. That’s important for competing against black market prices averaging just $6.51 per gram, as per a StatCan report released last week. At the end of 2018, black market sales still accounted for 80 per cent of Canadian recreational cannabis purchases. Streamlining the tax regime, and lowering the cost of the legal product, will be an important part of driving that share down.
 

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