Even with looser regulations, consumer demands still aren’t being met, writes David Clement, North American affairs manager at the Consumer Choice Center

One of the biggest criticisms of Canada’s legalization of cannabis is that its cumbersome rules and limited retail options can’t compete with the black market. What would help? Allowing cannabis home deliveries from retailers to continue after the pandemic.

It would also vastly improve the monopolized delivery system that existed before COVID-19 loosened some distribution regulations. For example, prior to the pandemic, the Ontario Cannabis Store (OCS) was incapable of doing same-day delivery via Canada Post. When the OCS did attempt to offer same-day delivery by contracting out a third party service, the provincial online retailer could only offer it to select areas, and soon discontinuedthat option altogether due to high demand.

The temporary measure allowing curbside pick-up and home deliveries by retailers is a no-brainer, but as with any government policy, the devil is in the details. Ontario’s is still a far-from-perfect system.

For one, there’s a provision that the delivery person must be an employee of the retailer. This is an unnecessary restriction that significantly limits scaling up. Retailers aren’t equipped with the capital nor the expertise to operate a fleet of vehicles. This is especially true as demand rises. They should be able to contract this out just like any other business can.

Secondly, the Ford government should allow third-party services to be used by licensed retailers, without the need for a licence. All Ontario has to do is follow Manitoba’s lead, which allows this. Making this change has the consumer benefit of allowing tech service companies to enter the market, giving legal retailers a leg up on the black market.

Eliminating the employee provision and allowing non-licensed tech companies to serve storefronts expands the options retailers have for getting products to customers. They could completely outsource their delivery through a third party with a cannabis delivery license, or they could work with other delivery apps, like restaurants do.

The province could require those non-licensed drivers to have their CannSell certificate, which is similar to Smart Serve for alcohol. CannSell costs $64.99 and would provide drivers the expertise to spot impairment and protect access from minors.

For the roll-out, the province could make this type of delivery legal tomorrow, and give drivers a 30-day grace period to complete their CannSell. When the province announced that restaurants could deliver alcohol with food orders, they did exactly that, giving food delivery drivers a month to get their Smart Serve Certificate.

Making cannabis delivery permanent rather than temporary would be a huge step forward for the legal market in Ontario. It would significantly benefit retailers. But more importantly, it would benefit consumers by expanding and enhancing their options.

Originally published here.

The Consumer Choice Center is the consumer advocacy group supporting lifestyle freedom, innovation, privacy, science, and consumer choice. The main policy areas we focus on are digital, mobility, lifestyle & consumer goods, and health & science.

The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Ottawa, Washington, Brussels, Geneva and other hotspots of regulation and inform and activate consumers to fight for #ConsumerChoice. Learn more at consumerchoicecenter.org

The Ontario government ordered more workplaces closed — including bricks-and-mortar cannabis shops and some industrial construction sites — in a stepped up campaign to limit the spread of the coronavirus.

“We can’t stop now,” Premier Doug Ford said Friday. “There’s 1,600 people out there who need us to do everything we can in the next 30 days to help save them.”

Public health COVID-19 models show that many people could die by the end of the month unless more stringent social distancing measures are taken.

A new list of businesses were ordered to arrange for staff to work remotely or shutter their operations by 11:59 p.m. Saturday.

“All industrial construction except critical industrial projects will stop,” Ford said. “Only necessary infrastructure projects like hospitals and transporation will continue.”

While no new residential construction projects will be allowed to break ground, those already under construction will continue.

Ford said the vast majority of Ontario workers have now been told to stay home.

“We’ve had to shut down most of our economy,” he said.

Businesses that remain open include those that supply essential services, supermarkets, restaurants for take-out or delivery, alcohol stores like the LCBO, pharmacies, gas stations, funeral services, vets for urgent care only, hotels and cheque cashing services.

Insurance, telecommunications, transportation and maintenance services can also continue.

Stores that sell hardware, vehicle parts, pet and animal supplies, office goods and computer products will only be allowed to provide alternative methods of sale such as curb side pick-up or delivery.

David Clement, of the Consumer Choice Center (CCC), said it was a shame the Ford government is shutting down cannabis retailers.

“This move does nothing but embolden the black market, who will obviously continue to meet consumer demand,” he said in a statement.

The online option for buying from the Ontario Cannabis Store remains available.

Ford said he’s acting on the advice of his Chief Medical Officer of Health in shutting down more sectors of the economy.

However, he said people will still need to access their medication and food.

“As soon as you take that food off the shelves and close down retail you get … anarchy,” Ford said. “You get civil disobedience — people are going to do what they have to do to feed their family — and we don’t want to go to that point.”

Originally published here.

The Consumer Choice Center is the consumer advocacy group supporting lifestyle freedom, innovation, privacy, science, and consumer choice. The main policy areas we focus on are digital, mobility, lifestyle & consumer goods, and health & science.

The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Ottawa, Washington, Brussels, Geneva and other hotspots of regulation and inform and activate consumers to fight for #ConsumerChoice. Learn more at consumerchoicecenter.org

The Consumer Choice Center’s David Clement explains how easing cannabis regulations could help personal growers enter the legal space

In less than two years, cannabis has gone from an illegal product to an essential service during a pandemic. But despite reports of increased sales as consumers stockpile for COVID-19 lockdowns, Canada’s cannabis market is struggling.

We kicked off this year with declining stock prices for licensed cultviators,
stagnant sales and rumours of a pending insolvency crisis for many mediumsized companies. The current coronavirus crisis could make this trend worse as global markets plummet.

There are a lot of reasons why Canada’s cannabis industry stumbled out of
the gate. Poor retail access, specifically Ontario; over-regulation and high tax rates. And establishing brand awareness in a market that prevents even the most modest forms of advertising and branding is challenging.

But there’s an additional factor at play: The program for growing medical
cannabis for personal use is undermining the legal market and fueling the
illicit market. Far more cannabis is being grown than medical cannabis consumers require — and some of that cannabis is being sold on the illicit
market. I’d like to propose a few potential solutions.

Breaking down the numbers

As a result of several Supreme Court rulings, medical cannabis consumers
have the constitutional right to grow their own medicine and can apply to do so through Health Canada.

The latest figures show that there are 28,869 Canadians who have their determined by Health Canada. Medical consumers are generally authorized
to consume between five and 60 grams of cannabis per day.

We don’t have national data, but general trends can be extrapolated from
provincial data. Via an access to information request, the average permit holder in Manitoba is authorized to consume 18 g/day, which entitles them to grow 88 indoor plants per year.

Quebec’s data is nearly double that of Manitoba: A 30 g/day average entitles
a medical consumer to grow 146 indoor cannabis plants each year. If we take provincial figures and forecast them on a national scale, permit
holders are growing a staggering amount of cannabis. Each indoor plant can produce between 250-600 grams per harvest, of which there are usually
three per year. One outdoor plant, with only one harvest, can yield as much
as 1.8 kg/year. A conservative estimate? The average Manitoba permit
holder could grow up to 66,000 grams (or 66 kg) of cannabis annually.

Rather than trying to arrest their way out of the problem, the government should focus on transitioning permit holder growers into the legal market

Applying that math to all Canadian permit holders would mean that in 2019, they grew an estimated 1.9 million kilograms of cannabis — approximately 158,000 kg — per month. Compare that to the legal recreational industry’s output: In August of 2019, the total amount of all legal recreational cannabis available for sale was 61,000 kg. Medical permit growers in Canada could be growing 2.5 times more cannabis than is legally available for sale in the recreational market. If Quebec’s figures are more representative of the national average, these growers would be growing 4.5 times more cannabis than is legally available.

Permit holders are growing more than then they need for personal
consumption. At 18 grams per day, a permit holder would need 6,570 grams
annually, while being permitted to produce more than 66,000 grams a year.
So where does most of the excess cannabis end up? The illicit market: York
Region Police’s recent bust showed that criminal networks were abusing the Health Canada permit process. The same thing happened
recently in Alberta, where a biker gang bust showed that illicit cannabis was grown by a Health Canada permit holder.

Either organized crime is taking advantage of Health Canada’s process, or
permit holders are enticed to sell their excess cannabis to criminals so it can be resold. This is part of the reason why the legal recreational market hasn’t truly materialized.

Increased policing isn’t the answer

But the government shouldn’t target legitimate permit holders. Doing so
would violate their constitutional rights, and would be exceptionally cruel
given how marginalized this group has historically been. Rather than trying
to arrest their way out of the problem, the government should focus on
transitioning permit holder growers into the legal market. A first step for this transition would be to restructure the regulations for growing cannabis.

Right now, licensed producers (LPs) have to comply with nearly pharmagrade regulations. Instead, they should more closely resemble food grade production standards. This would give medical permit-holders a realistic shot at earning a micro-cultivator licence and entering the legal market. It would also benefit existing producers by reducing compliance costs.

There are a few onerous barriers permit holders have to jump over that could be eased to help transition them into the legal space: The security clearance process is one, but we could also be easing facility regulations, reducing licensing fees, reducing the batch test minimum of 100 g/batch, or fast tracking the licensing and renovation amendment timelines. This would clear a path for these growers to enter the legal market and incentivize them away from the illicit market.

To say Canada’s legalization process thus far has been messy would be an
understatement. At almost every turn the government has over-regulated
the legal market, which is what keeps the illicit market thriving. Easing these heavy-handed regulations could bring more growers into the legal sphere and make for a more consumer-friendly market all around.

Originally published here.

The Consumer Choice Center is the consumer advocacy group supporting lifestyle freedom, innovation, privacy, science, and consumer choice. The main policy areas we focus on are digital, mobility, lifestyle & consumer goods, and health & science.

The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Ottawa, Washington, Brussels, Geneva and other hotspots of regulation and inform and activate consumers to fight for #ConsumerChoice. Learn more at consumerchoicecenter.org

Encourage competition, safety, medical facts and eradication of the black market

ARLINGTON, Va. — Flashy display cases, provocative brand names and lists of health benefits have elevated cannabidiol (CBD), a nonintoxicating compound found in cannabis, to be one of the hottest product trends today.

Whether it be for health, pets or beauty care, the use cases of CBD are becoming mainstream. It’s not uncommon to hear stories of consumers using CBD to alleviate pain in their joints, reduce anxiety and improve sleep.

Retail Revolution

The revolution is already here, and it arrived in a fury. The only guardrails came with the legalization of industrial hemp in the 2018 Farm Bill. That law created a legal distinction between a relative of cannabis without THC (tetrahydrocannabinol)—commonly known as hemp—and THC cannabis, which remains classified as marijuana and is still illegal under the Controlled Substances Act.

That law was a huge boost for farmers, entrepreneurs and consumers in the CBD space. And while it answered many questions, it sparked many more that will take time and deliberation to resolve: Who tests the actual CBD content of these products? Where are these products sourced? Which benefits and health claims are legitimate?

The U.S. Food and Drug Administration (FDA) has been running to catch up. It has so far focused on bogus health claims made by producers. Meanwhile, the FDA still maintains that food products containing CBD are illegal, despite their widespread availability in stores in practically every state and no real method of enforcement.

In May 2019, the FDA invited scientists, entrepreneurs and consumers to participate in a public hearing. Following statements and presentations from dozens of attendees, including myself, the FDA remains uncertain of what consumers and c-store owners looking to try or sell CBD products need to do to comply with the law.

The FDA is awaiting further instructions from lawmakers in Congress, who are currently floating myriad proposals to deal with cannabis. The latest would classify CBD as a health supplement, exempting it from more stringent regulation and allowing broader distribution in food and drinks.

Core Issues

Apart from that, there are still many gaps to fill. Considering many store owners are currently selling these products, it’s important that both sellers and consumers are aware of the core issues that should be addressed by the FDA and regulators.

In that May hearing, my group, the Consumer Choice Center, presented the following suggestions to the FDA if it wishes to implement smart regulation of CBD. Smart regulation would encourage competition, safety, medical facts and eradication of the black market.

The suggestions are:

• Develop clear labeling standards, including the percentage of CBD and THC.
• Allow free advertising and branding.
• Allow stated health claims and benefits.
• Embrace harm reduction by allowing CBD products in food, drinks, oils and topical products that do not require combustion.

We hope the FDA takes these points seriously and that these principles are followed by the industry as well.

What should the CBD-curious c-store professional do if they want to dive into CBD products?

• Maintain a high standard for the products they source.
• Choose only products with clear labeling and reasonable health claims.
• Read the included fact sheets and materials that come with orders from reputable CBD firms.
• Use independent testing services to check the levels of CBD and other compounds.

Entrepreneurs and consumers can work together today to ensure a competitive market with safe, beneficial and exciting innovations that will provide value to everyone.

Originally published here.

The Consumer Choice Center is the consumer advocacy group supporting lifestyle freedom, innovation, privacy, science, and consumer choice. The main policy areas we focus on are digital, mobility, lifestyle & consumer goods, and health & science.

The CCC represents consumers in over 100 countries across the globe. We closely monitor regulatory trends in Ottawa, Washington, Brussels, Geneva and other hotspots of regulation and inform and activate consumers to fight for #ConsumerChoice. Learn more at consumerchoicecenter.org