Pubdate: Fri, 18 Oct 2019
Source: Globe and Mail (Canada)
Copyright: 2019 The Globe and Mail Company
Author: Jameson Berkow


There's no getting around it: Year one of legalized cannabis in Canada was 
a dud.

It was an unmitigated disaster for many investors. The bubble burst, and 
the shares of most large Canadian marijuana producers dropped by at least 
50 per cent. The public markets are largely closed to the industry; at the 
moment, there's simply no appetite for more pot stocks.

The Trudeau government's goal wasn't to make shareholders or investment 
banks rich, though. It was to whittle down the black- market marijuana 
business. Giving cannabis users a place to buy regulated marijuana would 
generate new tax revenue, open up new business opportunities and reduce 
the burden on police and the courts.

By that measure, the first year was underwhelming, to say the least. The 
best estimates are that the legal market represents somewhere between 12 
per cent and 30 per cent of cannabis consumption. The bulk of sales are 
still underground. That's partly because the rollout of stores has been so 
slow in Ontario, where a new provincial government did a U-turn on 
retailing policy just weeks before legalization day on Oct. 17, 2018.

Some of this will get ironed out in Year 2. But entrepreneurs across the 
country say new products and more stores will not be enough to turn the 
Canadian cannabis industry into a world leader. They point their fingers 
squarely at governments for their approach - which, they say, has been to 
legalize but then overregulate, rather than get behind the sector.

At every link in the newly built cannabis supply chain, there is a common 
feeling among growers, processors, wholesalers, retailers and even 
delivery drivers that governments at all levels are messing up the 
legalization process. Many feel their sector is stuck between two worlds: 
They are both law-abiding and shunned. Cannabis companies must comply with 
a thicket of new regulations, including severe restrictions on 
advertising, sponsorship and other brand-building activities, but many 
still cannot access basic financial services or tax credits, employment 
incentives and other government help made available to other sectors.

A number of industry participants say the federal government brought in 
the Cannabis Act with great fanfare a year ago, but then stepped away from 
the file, leaving most of the work to Health Canada, whose primary 
interest, naturally, is in enforcing Ottawa's rule book rather than seeing 
the industry develop as an economic force.

In the meantime, cannabis producers have struggled to offer low-cost, 
high-quality products capable of enticing consumers away from illicit 
alternatives. Thousands of independent farmers who have been refining the 
art of cannabis growing through the medical-marijuana system for decades 
are still looking at the recreational sector from the outside, unable to 
get in.

Over the course of three weeks, The Globe and Mail's Cannabis Professional 
news service travelled more than 7,000 kilometres across Canada, visiting 
14 communities in 10 provinces to learn what those on the front lines of 
the industry say about the fight to make legalization a success, and to 
make inroads in a market dominated by established criminal enterprise.

"My hope for whichever party gets into power [in the Oct. 21 federal 
election] is that they seriously rethink the entire cannabis system," said 
Rudi Schiebel, chief executive of Habitat Craft Cannabis Ltd., a licenced 
microcultivator in Chase, B.C., that uses aquaponics to farm both cannabis 
and salmon.

"The barriers to entry make it incredibly hard for the expertise that 
exists today to enter the market [and] instead of empowering our 
competitive advantage in Canada, the government has systematically treated 
both the growers and the users looking for quality cannabis as a nuisance."

Mark Spear spent two years working for industry giant Canopy Growth Corp., 
when it was still known as Tweed Marijuana. He is now the CEO of a 
cannabis startup that guides existing farmers who want to apply their 
generations' worth of cultivation expertise to cannabis.

He says with his company, Wildfire Collective, filling a void of 
assistance to farmers, it's another symptom of Ottawa's "nonchalant" 
attitude toward legal cannabis that is allowing a Prohibition-era 
mentality to remain part of mainstream society.

"While cannabis was legalized federally, you wouldn't know it in many 
cases," Mr. Spear said. "From provincial and municipal fear-mongering on 
the risks of retail or cultivation, to suspended bank and social-media 
accounts ... the federal government in particular should be working 
closely with other levels of government to ease misguided anxiety."

Some say government ambivalence begins at Health Canada. No other sector 
of the economy is managed by a single federal agency with no economic mandate.

"They have let one department [Health Canada] manage the whole file, and 
if they want to grow the sector, they can do more from a multidepartmental 
base within the government to really support the sector in a more 
pro-active and open way," Jeff Purcell, senior vice-president of 
operational services at Organigram Holdings Inc., said during a tour of 
the company's massive cultivation facility in Moncton. The operation 
employs 750 people and is expected to surpass 1,000 in the near future.

"They really could stand to put more resources toward understanding the 
sector a bit better," Mr. Purcell said.

Several industry insiders also pointed at provincial and municipal 
governments as part of the reason for the legal industry's slow start. Mr. 
Spear's company, for example, had to abandon one site where it had been 
planning to build an indoor cultivation facility after the local township 
expressed concern and threatened to change its bylaws.

Several months later, after Wildfire had invested time and money finding a 
new site, the township invited Mr. Spear to return, having since realized 
his business would be overseen mostly by the province.

Omar Yar Khan, a political strategist and vice-president of communications 
firm Hill and Knowlton, said that if Ottawa really wants the industry to 
succeed, it should consider the creation of a cannabis-sector strategy.

"The federal government has a life-sciences sector strategy and they will 
have an advanced manufacturing sector strategy and a machine-learning 
sector strategy, but there is no cannabis-sector strategy that I am aware 
of at the federal level," said Mr. Khan, who works with clients in the 
cannabis business.

Other federal departments should play a larger role, he said; this would 
allow the sector targeted grants, financing for new equipment and tax 
credits for investments in R&D, among other programs.

"Up until now at the federal level, anything to do with cannabis has been 
based out of Health Canada and out of Public Safety, but it would make 
sense, particularly after the election, to feed some responsibility, 
particularly around the economic development aspects of the industry to 
the [Ministry of Innovation, Science and Economic Development]," Mr. Khan 
said. "Provinces are responsible for health care, but that doesn't mean 
that there is no health innovation strategy in Ottawa, of course there is."

Anne McLellan, the former federal Liberal health and justice minister, who 
chaired the 2016 cannabis legalization task force, said industry watchers 
are using a timeline to judge the success of legalization that is too short.

"We still have black-market tobacco and black-market alcohol," Ms. 
McLellan said this week at a cannabis anniversary event in Toronto. "So I 
just implore people to be reasonable about the expectations.

"Yes, one of the animating reasons why the Government of Canada wanted to 
legalize was to deal with the black market. But nobody in the Government 
of Canada suggested that that was going to happen within a year or two 
years. Let's look a decade from now. Once you've learned what's going on 
out there, you can always change something like a marketing restriction, 
and you can loosen them; but it's awfully hard to take back what's given. 
That's one of
the first lessons anyone in government learns."

There is no shortage of ideas available for how governments can better 
support the cannabis sector without losing focus on public health and safety.

One might be to loosen their grip on wholesale distribution, which in most 
of Canada is run by provincial governments.

In Saskatchewan, the province encouraged competition by allowing private 
cannabis wholesalers to operate under strict government supervision. Every 
other province plays middleman between producers and retailers and, as a 
consequence, retail cannabis prices in Saskatchewan are as much as $3 a 
gram lower than in other provinces, said Isaac Watson, vice-president of 
product development for Edmonton-based retailer Fire & Flower.

"We can negotiate better costing than most of the provinces," Mr. Watson 
said during a tour of Open Fields, the company's 6,000-square-foot 
wholesale warehouse near Saskatoon. "That means cannabis in Saskatchewan 
generally is less expensive than elsewhere in Canada."

Some federal programs designed to support other sectors of the economy are 
open to the legal cannabis industry, notes Peter Crooks, a 
neuropharmacologist who previously ran Canada's Smartest Kitchen and is 
now chief product innovation officer of Dosecann, the cannabis processing 
division of Auxly Group based in Prince Edward Island. He took 
representatives of the Industrial Research Assistance Program on a tour of 
the company's Charlottetown facility in September.

"A lot of the federal granting programs are now open to cannabis," Mr. 
Crooks said, "but they do not do a good job of marketing themselves, of 
letting companies know that these funding agencies are now willing to work 
with cannabis companies."

Among the most common criticisms of existing federal policy is the lack of 
pathways into the legal regime for anyone who worked in illicit cannabis 
during prohibition. Many are looking for a way into the legal regime, but 
lack the resources required to go legit.

Joel Lacelle, who lives in the Northern Ontario logging town of Hearst, 
about 500 kilometres northeast of Thunder Bay, was fortunate enough to 
have a rental property in the Ottawa area that he and his wife were able 
to sell. That raised much of the $400,000 he needed to build what is today 
Hearst Organic Cannabis Products, one of the first companies in Canada to 
win a licence for cannabis microcultivation.

That licence allows him to have less elaborate security than a standard 
cultivation facility, but limits his cultivation space to 200 square metres.

His friend who runs another grow-op on the other side of town has not been 
as lucky. "He is reliant on the income he makes from the illegal market," 
Mr. Lacelle said. "He's pissed off. He's going to get [a licence] 
eventually - it is just that people have been growing for so many years 
and then somebody comes in and tells you to stop growing and to apply for 
a licence that you might not even get. That is really hard."

Price is often pointed to as the biggest continued driver of illegal 
sales, with the latest Statistics Canada data showing legal cannabis 
prices averaged $10.23 a gram during the third quarter of 2019, compared 
with an average price-per-gram of $5.59 for illicit pot.

However, quality and strength have also been regularly cited reasons why 
some regular consumers of marijuana remain tethered to local black-market 
dealers supplied by experienced grey-market growers.

There are a handful of private companies that have built their models 
around converting grey-market operators into legally compliant businesses, 
but they are under no illusions about what can be accomplished without 
government support. Many of these businesses were growing cannabis legally 
for medical clients, but were also selling product to recreational users 
illegally on the side.

"Our entire model is to do what the government failed to do, what they 
didn't even try, which is bringing in these small growers to the new 
system," said Jamie Shaw, chief culture officer of Pasha Brands. The 
Vancouver-based company is trying to amass a network of small-scale 
growers, with Pasha either helping cultivators navigate the licensing 
processes for their own facilities, or having their grey-market partners' 
branded products produced and sold by Medcann Health Products, a licenced 
cultivator wholly owned by Pasha.

The company also offers processing, packaging, distribution and marketing 
services to independent growers such as Mr. Lacelle in Hearst and others 
unwilling or unable to do those things on their own.

"We will at most be able to convert our own little piece of [the grey 
market], but that is just one small piece," Ms. Shaw said. "The federal 
government keeps saying they want to transition the illegal market, but 
there has been zero effort to actually do that ."

In Vaudreuil, Que., a logistical hub outside Montreal, Jon Morrison is 
attempting something similar. The president of C3 Farm (C3 stands for 
Cannabis Compliance and Commercialization) has a 39-year lease for the 
sprawling, three-million-square-foot campus that was once the North 
American headquarters of Swiss pharma giant Hoffmann-La Roche and is using 
it as a cannabis accelerator.

The facility - consisting of a 12-storey mixed-use office tower, a 
food-grade production facility and an industrial-scale manufacturing 
centre - has not been fully occupied since the European company moved out 
in the 1980s. Mr. Morrison has signed deals with 12 cannabis startups, 
some of which had previously been operating in the grey market, as well as 
the McGill University cannabis research centre to base their operations 
out of C3.

"This project, if it was addressing anything else, would be so heavily 
funded by government," Mr. Morrison said, noting the accelerator is 
creating employment and intellectual property, facilitating research and 
development, and building facilities that have long-term production 
horizons and long-term economic value.

"These are all things where normally you would have the BDC [Business 
Development Bank of Canada] finance equipment, you normally have the 
federal government give you a certain amount of R&D tax credits, you 
normally have the federal government help you with employment incentives, 
[but] we have none of those things," Mr. Morrison said.

"You normally would have all of these incentives," he said, "and our 
industry right now, being at its infancy and with a need to evolve 
quickly, we need those incentives even more."
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