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Canada Creates Forum To Discuss Cannabis Industry Challenges

Canada is currently home to the largest national adult-use cannabis market on earth. Lawmakers in Canada approved a national adult-use legalization measure back in 2018, and since that time, Canada has served as the ultimate ‘cannabis policy experiment’ on the planet.

The emerging legal cannabis industry in Canada has experienced several ups and downs, but by most measures, the nation’s adult-use industry has been a success. Canada’s government recently announced the launch of a forum to discuss the various challenges facing Canada’s legal cannabis industry.  Below is more information about it via Innovation, Science and Economic Development Canada:

The Government of Canada legalized recreational cannabis and strictly regulates the cannabis industry, which has led to many economic opportunities and challenges.

An efficient and sustainable legal cannabis industry is essential to achieving the objectives of the Cannabis Act, including preventing youth access to cannabis, protecting public health and safety, and reducing criminal activity and the burden on the criminal justice system.

To help this new industry address key issues and opportunities, the Government of Canada has created the Cannabis Industry Forum (the Forum). The Forum is composed of nine leaders who have business activities across the cannabis industrial ecosystem, which includes the cultivation and processing of cannabis as well as logistics surrounding its sale. This platform will help industry leaders exchange information and insights to address key issues and opportunities, with a specific focus on fostering economic growth and long-term stability by upholding the public health and safety goals outlined in the Cannabis Act, while reducing the illicit cannabis market.

Hugo Alves, CEO, Founder and Director of Auxly Cannabis Group Inc., chairs the Forum. The membership also includes:

  • Philippe Dépault, President and Founder, Québec Craft Cannabis Inc.
  • Taylor Giovannini, President and Founder, Oceanic Releaf Inc.
  • Beena Goldenberg, CEO, Organigram Holdings Inc.
  • Raj Grover, Founder, President and CEO, High Tide Inc.
  • David Klein, CEO, Canopy Growth Corporation
  • Miguel Martin, CEO, Aurora Cannabis Inc.
  • Rosy Mondin, President of Soma Labs Scientific Inc. and Director of Cannaworld Ventures Inc.
  • Tyler Robson, President of Cannabis, SNDL Inc.
Quotes

“For Canada to be a leader in this global economy, we require the ability to adapt to new industries and sectors that benefit Canadians. The Cannabis Industry Forum helps create innovative solutions to barriers that exist in this industry. Through active collaboration, Canada is working with industry leaders to become an innovator and leader in this changing economy.”
– The Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry

Quick facts
  • On November 24, 2022, the Government of Canada announced the members of the expert panel on the legislative review of the Cannabis Act.
  • The Cannabis Act, which came into force on October 17, 2018, put in place a modern cannabis control framework to strictly regulate and restrict access to cannabis in Canada.
  • Since the legalization of recreational cannabis in October 2018, the cannabis industry has helped displace the illicit market by up to 70%.
  • Since spring 2023, the Forum has had preliminary meetings to discuss a range of topics. The members also engaged with Morris Rosenberg, Chair of the expert panel leading the legislative review of the Cannabis Act.
Associated links

Smoking And Vaping Cannabis On Public Patios Now Permitted In British Columbia

Cannabis stigma is still an issue in Canada, even five years after the country passed a national adult-use cannabis legalization measure in 2018. Cannabis consumers do not experience some of the same freedoms as consumers of alcohol or tobacco do in many jurisdictions.

An example of that can be found in policies about public cannabis use. Tobacco consumption may not be as widespread as it once was in Canada, however, many tobacco consumers are not as limited in where they can partake compared to cannabis consumption.

Thankfully, that is changing in British Columbia where new rules now permit adults to smoke and vape cannabis on public patios.

Smoking and vaping cannabis on public patios is now permitted where smoking and vaping tobacco are already allowed, subject to local or Indigenous government bylaws and other rules.” British Columbia’s government stated in a recently published bulletin.

That may not seem like a big change to non-cannabis consumers, yet, it’s presumably a significant policy shift in the minds of many cannabis consumers in British Columbia who have had to either hide their cannabis use in many places or consume knowing that they are risking being penalized. The bulletin also contained policy changes for businesses.

“To support the legal cannabis industry in the province, the Liquor and Cannabis Regulation Branch (LCRB) is making gradual changes to improve hospitality and tourism opportunities for the cannabis industry.” the bulletin stated.

“With changes to the Cannabis Control Regulation, licensees are able to promote a place to consume cannabis or to spend time after consuming cannabis.” the bulletin also stated.

Cannabis consumption remains prohibited within cannabis stores in British Columbia, and licensees must ensure that any cannabis consumption near their store is not within their establishment where cannabis products are sold.

Social cannabis use is the next horizon for many cannabis advocates in North America, where cannabis clubs and lounges are still prohibited in many jurisdictions that permit other cannabis activity.

Europe’s cannabis policies will seemingly embrace cannabis clubs, with clubs serving as a major component of legalization models in Germany and Malta. Malta has already issued licenses to noncommercial cannabis clubs.

Health Canada: Cannabis Samples Are Permitted

In nearly every industry built on consumables, from the food industry to pharmaceuticals, product samples play a vital role. After all, the saying, ‘the proof is in the pudding’ is predicated on the premise that someone is actually trying out the metaphorical pudding to determine if it is the real deal.

Product samples are particularly important in the emerging cannabis industry given the fact that cannabis flower can vary widely in quality, effectiveness, and other desirable traits such as smell and flavor. There are many varieties of cannabis, and even the same grower cultivating the same cultivar can yield differing results due to a multitude of environmental factors.

Matters get even more complex for cannabis products that are derived from cannabis flower. In addition to the intricacies of the cannabis crop itself, adding the extra layers of extracting techniques that produce concentrates from flower, or infusing cannabis into edibles, drinkables, and topicals, complicates knowing what the final product may be like.

Trying product samples is the only way for retailers and their employees to know what a cannabis product is truly like, and there seems to be some confusion in Canada about whether or not cannabis producers can provide samples to licensed retailers and their employees. That confusion was cleared up recently via original reporting by StratCann. Per excerpts from their reporting:

In an email to StratCann, a representative of Health Canada affirms that federally licensed cannabis producers are “not prohibited from providing a sample of cannabis to a provincially or territorially authorized retailer (or their employees).”

“Employees of a provincially or territorially authorized retailer are not prohibited from possessing, distributing, or selling cannabis, provided they do so as part of their employment duties and functions, and in a manner that is consistent with the conditions that apply to their employers’ authorizations. In other words, it’s up to PTs [Provinces and Territories] to regulate whether and how employees of retail stores can possess, distribute (and potentially consume) free samples in the context of their employment duties and functions. Each province or territory could have additional legislation that relates to this type of activity.”

StratCann followed up with four individual provinces to confirm that they expressly permit product samples at the local level. Those provinces are British Columbia, Alberta, Saskatchewan, and Ontario.

Of the four provinces, Saskatchewan and Ontario have permitted product samples to retailers and their employees since the start of adult-use legalization in late 2018. British Columbia and Alberta started expressly permitting such activity last year. Health Canada also lists the following information regarding product samples:

Free samples of products or accessories

A person that sells cannabis or cannabis accessories cannot provide or offer to provide cannabis or a cannabis accessory without consideration or in consideration of a purchase.

For example, a free accessory for the purchase of cannabis or cannabis as bonus with any purchase. This can include:

“Free 1g pre-roll samples”
“Free rolling papers with purchase of cannabis Product X”
“Buy one and get one free”
A nominal amount of monetary consideration may be considered an inducement and non-compliant with Subsection 24(1)(a) of the Cannabis Act.

Exemption: Intra-industry samples

Licence holders that provide samples to a person authorized to sell cannabis, such as a provincially or territorially authorized retailer, are exempt from this prohibition. However, the retailer may not provide samples to consumers. Cannabis samples must comply with the other applicable rules in the Cannabis Act and Cannabis Regulations, including those on packaging and labelling, and good production practices.

Each province or territory may have additional legislation that could apply to this type of activity so regulated parties should be familiar with all relevant legislation and consult with provinces and territories as applicable.

For more information, refer to subsection 24(2) of the Cannabis Act or 24(3) as it pertains to cannabis accessories.

THC Levels Not Correlated With Changes In Driving Performance

Public policies related to driving under the influence as they pertain to cannabis is an extremely important topic. All cannabis consumers should want to keep roadways safe and treat driving while intoxicated by any substance as a very serious matter.

With that being said, just because someone consumes cannabis does not automatically mean that they are too impaired to drive. Also, just because someone has cannabis in their system it doesn’t mean that they are impaired, and for that matter, it doesn’t mean that the cannabis in the person’s system indicates that they consumed recently.

Cannabis can stay in a person’s system for a very long time, and due to how fast the body metabolizes cannabis, having cannabinoids in the system could mean that the person consumed cannabis just hours prior, or a month prior – there’s no scientific way to know for sure once cannabinoids have been metabolized.

Researchers in Canada recently examined THC levels in subjects’ blood and whether or not it correlated to changes in driving performance. Below is more information about the results of the study via a news release from NORML:

Toronto, Canada: The presence of THC in blood is not predictive of detriments in psychomotor performance, according to driving simulator data published in the journal JAMA Network Open.

Researchers affiliated with the University of Toronto assessed subjects’ simulated driving performance at baseline and then again 30 and 180 minutes after smoking cannabis. Participants were between the ages of 65 and 79 years old and smoked cannabis (mean THC potency: 19 percent) ad libitum prior to driving.

Subjects exhibited “small changes in SDLP [weaving]” 30 minutes after cannabis inhalation. Investigators described these changes as less pronounced than those associated with drivers with a BAC below 0.05 percent.

Consistent with the results of prior studies, participants decreased their speed after smoking and were more likely to self-assess their performance as “impaired.” Cannabis use did not impact participants’ reaction times.

Subjects’ simulated driving performance returned to baseline within three hours.

The study’s authors concluded: “The purpose of the present study was to investigate the association between cannabis and driving and blood THC levels in older adults. … There was no correlation between blood THC concentration and SDLP [standard deviation in lateral positioning] or MS [mean speed]. … The lack of correlation between driving and blood THC fits within emerging evidence that there is not a linear relationship between the two.”

That conclusion is consistent with numerous studies reporting that neither the detection of THC nor its metabolites in blood and/or other bodily fluids is predictive of impaired driving performance. As a result, NORML has long opposed the imposition of per se THC limits for motorists and has alternatively called for the expanded use of mobile performance technology like DRUID.

Full text of the study, “Cannabis and driving in older adults,” appears in JAMA Network Open. Additional information is available from the NORML Fact Sheet, ‘Marijuana and Psychomotor Performance.’

Legalization Is Not Associated With Spikes In Cannabis-Related Psychosis

One of the most common mainstream media hit jobs in modern times involves opponents implying that cannabis reform alone has led to a spike in incidents of cannabis-related psychosis among consumers and patients.

Cannabis legalization, by every reasonable measure, has been an overwhelming success in jurisdictions that have allowed it, including in Canada where cannabis was first legalized for adult use in late 2018.

Researchers in Canada examined data involving incidents of cannabis-related psychosis and determined that legalization is not associated with spikes in such incidents. Below is more information about it via a news release from NORML:

London, Canada: The legalization of the Canadian marijuana market is not associated with increases in rates of cannabis-related psychosis, according to data published in the International Journal of Drug Policy.

A team of Canadian researchers examined regional changes in health services use and incidences of psychotic disorders during the months immediately following legalization. (Canada legalized marijuana possession and retail sales in October 2018.)

They reported, “We did not find evidence of increases in health service use or incident cases of psychotic disorders over the short-term (17 month) period following cannabis legalization.” They cautioned, however, that “a longer post-legalization observation period … is needed to fully understand the population-level impacts of non-medical cannabis legalization.”

The finding is consistent with the conclusions of a 2022 study published in the Canadian Journal of Psychiatry. Its authors similarly determined that the “implementation of Canada’s cannabis legalization framework was not associated with evidence of significant changes in cannabis-induced psychosis or schizophrenia ED [emergency department] presentations.”

In the United States, state-level marijuana legalization laws have not been associated with a statistically significant increase in psychosis-related health outcomes. Specifically, a 2022 paper published in the Journal of the American Medical Association (JAMA) Network Open found no association between the adoption of marijuana legalization and overall rates of psychosis-related diagnoses or prescribed antipsychotics.

Although the use of cannabis and other controlled substances tends to be more common among those with psychotic illnesses, studies indicate that lifetime incidences of marijuana-induced psychosis are relatively rare among those who do not have a prior psychiatric diagnosis. According to one recently published study, fewer than one-half of one percent of cannabis consumers had ever reported experiencing psychotic symptoms requiring medical intervention – a percentage that is lower than the rate associated with alcohol.
Full text of the study, “Impact of non-medical cannabis legalization with market restrictions on health service use and incident cases of psychotic disorder in Ontario, Canada,” appears in the International Journal of Drug Policy. Additional information is available from NORML’s op-ed‘Concerns surrounding cannabis and mental health must be placed in context, not sensationalized.

Medical Cannabis Use Associated With ‘Few Serious Adverse Events’

Canada first legalized cannabis for medical use in 1999, and then for adult use in 2018. Since that time, numerous suffering patients have benefitted from Canada’s modernized cannabis policies and the increased safe access that reform has created.

Meanwhile, many other nations still prohibit cannabis for medical use to some degree, although several of those nations are considering reforming their policies to permit such use. Opponents in those countries try hard to portray medical cannabis as being harmful, however, what does the science say?

Researchers in Canada recently conducted an analysis in which they examined medical cannabis use’s impact on the patients who consume it. Below is more information about it via a news release from NORML:

Montreal, Canada: Few patients authorized to consume medical cannabis products report experiencing serious side effects, according to data published in the journal Drug Safety.

McGill University researchers analyzed data from a cohort of nearly 3,000 authorized Canadian medical cannabis patients. Data regarding adverse events was collected by enrollees’ attending physicians over a period of several years.

A total of 108 patients (about four percent of the cohort) reported experiencing marijuana-related adverse events. The most frequently reported side effects were dizziness, somnolence, headache, nausea, and vomiting.

Patients with mental health disorders were no more likely than others to report side effects from cannabis treatment. The latter finding is consistent with data from a 2022 study, which found that authorized Canadian patients were at low risk for psychiatric hospitalizations resulting from their medical cannabis use.

The study’s authors concluded: “This is the first comprehensive, population-level prospective study to contribute evidence that MC [medical cannabis] is safe for a wide variety of symptoms. … No new safety concerns were identified relative to the published literature, although notable differences in AE [adverse events] profile between modes of administration and cannabinoid content ratios should be considered by health professionals.”

Full text of the study, “A descriptive analysis of adverse event reports from the Quebec Cannabis Registry,” appears in Drug Safety.

Fewer Youth Say Cannabis Is “Easy” To Access Post-Canada Legalization

A popular talking point among cannabis opponents leading up to cannabis policy reform, including medical cannabis policy reform, is that reform will ‘increase youth access to cannabis.’ It is a talking point that opponents seem to always hurl into the public sphere when policy reform is being considered by lawmakers or voters.

What cannabis opponents fail to recognize is that regulating cannabis involves checking government-issued identification to ensure that the person is permitted to acquire cannabis. A regulated industry also involves compliance checks and audits, all of which make it much harder for youth to access cannabis. None of that is true of the unregulated market.

According to a recent survey conducted in Canada, where cannabis was legalized for adult use in 2018, fewer young people are reporting that it is “easy” to access cannabis. Below is more information about it via a news release from NORML:

Waterloo, Canada: The percentage of young people who say that it is “easy” for them to acquire cannabis has decreased significantly since Canada legalized the adult-use marijuana market, according to data published in the journal Archives of Public Health.

Canadian researchers assessed young people’s perceptions surrounding the availability of cannabis products. They determined that the percentage of underage youth reporting that cannabis was easy to access decreased by 27 percent from 2018 – the year Canada legalized cannabis markets nationwide – to 2020. Self-reported marijuana consumption by young people also decreased during this period.

The study’s authors concluded: “While there has been a growing number of studies focused on examining changes in cannabis use among Canadian youth since the onset of the Cannabis Act, and more recently since the onset of the COVID-19 pandemic, there appears to be a paucity of research dedicated to examining changes in youth perceptions of cannabis availability over the same period of time. In response, this study provides unique and novel evidence of how youth perceptions of cannabis access have changed since the onset of the Cannabis Act. … Our data suggest that in our large samples of youth, perceptions of cannabis access as being easy has declined in prevalence since legalization and through the early and ongoing pandemic response period.”

Data from the United States has similarly failed to identify any significant uptick in youth marijuana use following the adoption of state-level legalization. According to a May 2023 report from the US Centers for Disease Control and Prevention, the percentage of high schoolers who ever tried marijuana fell 30 percent between 2011 and 2021 – during which time nearly half of all US states legalized cannabis. The percentage of students who self-identified as current marijuana consumers decreased by a similar percentage during the same period.

Full text of the study, “Youth perceptions of difficulty accessing cannabis following cannabis legalization and during the early and ongoing stages of the COVID-19 pandemic: Repeat cross-sectional and longitudinal data from the COMPASS study,” appears in Archives of Public HealthAdditional information on cannabis use trends among young people is available from the NORML Fact Sheet, ‘Marijuana Regulation and Teen Use Rates.’

Advocates Push For Greater THC Content In Canadian Edibles

By many measures, Canada is the international leader when it comes to cannabis policy. After all, it remains the only G-7 nation to have ever passed a national adult-use legalization measure, having done so in late 2018.

Uruguay was the first nation to pass a national measure (2013), however, it still prohibits legal sales to non-residents. Additionally, Malta and Luxembourg have passed national legalization measures, yet their models are very limited in scope compared to Canada.

One glaring limitation to Canada’s legalization model can be found in how it regulates adult-use edibles. Since the start of legalization in Canada in 2018, adult-use edibles have been capped at 10mg of THC per unit.

That limit may be acceptable to consumers who are new to cannabis or coming back after a long break, however, it makes legal edibles far less appealing to longtime consumers who have a greater tolerance for THC. That lack of appeal is fueling the unregulated market for edibles in Canada.

Advocates recently started a petition, calling on the Canadian government to increase the THC threshold from 10mg to 100mg. For context, edibles in the State of Oregon where I live already have a 100mg THC limit and there have been no issues related to the 100mg THC cap. Below is the language of the Canadian petition, which is accepting signatures until March 7, 2024, at 11:31 a.m. (EDT):

Whereas:

The current limit of 10mg THC serves as a suitable starting point for newcomers, however fails to adequately cater to existing consumers;

The legal, regulated cannabis industry is unable to compete against the illicit market; and THC limits are contributing to an entirely new stream of single-use plastics, contrary to this country’s plan to address pollution and prevent plastic waste.

We, the undersigned, citizens of canada (sic), call upon the Government of Canada to increase the maximum THC (tetrahydrocannabinol) allowed in edible cannabis products to 100mg.

We believe that increasing the THC limit will address the above concerns, will benefit consumers and will contribute to a more sustainable industry as a whole.

Both the Canada Competition Bureau and the Ontario Cannabis Store have called upon Health Canada to increase THC limits. The Competition Bureau has stated that “restricting THC levels may not be necessary to achieve the government’s objectives”, while the Ontario Cannabis Store has emphasized the need to “revisit the current THC limits”. These endorsements from reputable organizations highlight the importance of reconsidering the current restrictions.

Therefore, we respectfully request that the Government of Canada urge Health Canada to increase the THC mg allowed in edible cannabis products to 100mg.

Support For Canadian Legalization Is Strong 5 Years After Legalization

In many ways, Canada provides the best insight into what people can expect when a nation passes an adult-use cannabis legalization measure. Canada became just the second nation to ever pass a national legalization measure in 2018, with the only other nation having done so prior being Uruguay in 2013.

However, unlike Uruguay, Canada permits nationwide sales to anyone of legal age, regardless of resident status. Uruguay only permits legal adult-use sales to people of legal age who are residents of Uruguay. Additionally, Canada is the only G-7 nation to pass such a measure.

Beyond Uruguay and Canada, the only other two nations to pass national measures are Malta and Luxembourg, both of which have legalization models that are exponentially less robust than what is found in Canada. The two European nations also have a combined population that is only roughly a million people compared to Canada’s population of over 38 million people.

For over five years Canada has served as the international leader for national, legal adult-use cannabis commerce. Cannabis opponents often try to claim that there will be ‘buyer remorse’ after a national legalizes cannabis for adult use. So, with that in mind, what do Canadians think roughly half a decade after their lawmakers implemented national adult-use reform?

According to a recent poll conducted by Research Co., a strong majority of Canadians are still in favor of legalization.

“Across the country, 64% of Canadians (-2) agree with marijuana being legal, while three-in-ten (31%, +1) disagree.” Research Co. stated regarding the survey results.

“Almost seven-in-ten Canadians (69%, +5) are in favour of the federal government providing expungement orders to people convicted of possession of cannabis for personal use with no intent to traffic.” Research Co. also stated.

The survey also found that only a small percentage of consumers reported refraining from making their purchases through legal outlets, which was a major goal of regulators in Canada.

“Canadians who have consumed marijuana after legalization where asked where they bought their product. Almost half (48%) state that “all” of their cannabis was acquired at a licensed retailer. Fewer than one-in-five (17%, -3) say “none” of it came from a licensed retailer.” Research Co. stated.

This is, of course, bad news for cannabis opponents, and great news for the rest of us who want to see cannabis policies based on logic, compassion, and fiscal responsibility. Cannabis prohibition is a failed public policy by every measure, and it would be wise for more countries to follow in Canada’s metaphorical footsteps.