Why the Cannabis Black Market Will Continue to Thrive, Creating a Major Headwind for Producers

Why fighting off black market demand for cannabis may not be as easy as it sounds for companies like Aphria Inc. (TSX:APH), Cronos Group Inc (TSX:CRON)(NASDAQ:CRON), and Tilray Inc. (NASDAQ:TLRY).

The legalization of recreational cannabis use in Canada will most certainly play into a political rhetoric, which has served the current Trudeau administration well — increasing tax revenue, creating jobs, and ensuring the safety of Canadians should be priority number one. Changes in public sentiment toward cannabis use have provided the government with a means of creating revenue and jobs in a bid to make Canada more competitive on the world stage with respect to industry.

That being said, Canadians are largely able to access cannabis today through a medical marijuana system, which approximates a semi-legalized system, and a black market, which remains robust, servicing the remainder of those who have not seen their doctor and already gotten a prescription.

The question of how taxation and regulation will suppress (or encourage) the black market have been discussed plenty — what perhaps does not receive enough attention, however, are forms of taxation that are less noticeable to the trained eye and that are likely to create barriers to the goals of creating safety (eliminating dangerous or laced product from the black market), creating jobs, and bringing in maximum tax revenue.

Excise taxes

The federal government has already announced an excise tax on marijuana, which is expected to start at $1 a gram; the question of how large this tax will ultimately become, and the cumulative amount of additional taxes provincial governments decide to levy on the green commodity remain uncertain. This excise tax aside, there are other considerations cannabis investors need to take into account.

Regulatory fees

Health Canada has put forward a plan to attempt to recover $100 million in regulatory costs over and above federal levies and excise taxes. Of course, existing producers will assume the cost of licensing and maintaining a Health Canada licence, with the cost of doing so likely to increase over time as Health Canada comes out with new ways of testing marijuana and developing best practices with regard to cannabis. These regulatory fees will work their way down the supply chain to the end consumer, meaning $10 a gram may turn out to represent the price floor at which retailers will sell low-tier product.

The fees that have been proposed would amount to 2.3% for producers such as Aphria Inc. (TSX:APH), Cronos Group (TSX:CRON)(NASDAQ:CRON), and Tilray (NASDAQ:TLRY), but 1% for smaller producers. Additionally, licence reviews of up to $3,300 per application and employee screens of $1,650 per employee are expected to be established.

These regulatory costs are a small fraction of the regulatory fees, levies, taxes, and hurdles companies will need to continue to jump through over the long term.

Bottom line

As with other sin industries in Canada, heavy taxation from multiple levels of government (federal, provincial, municipal) are likely to increase the cost of obtaining legal pot relative to buying good-quality black market weed from reputable dealers who have been in this game for decades. The story being told by politicians and industry insiders is one of low switching costs for consumers — I disagree.

Stay Foolish, my friends.

Fool contributor Chris MacDonald has no position in any stocks mentioned in this article.

More on Investing

monthly calendar with clock
Dividend Stocks

This 7.3% Dividend Stock Could Pay Me Every Month Like Clockwork

This Walmart‑anchored REIT pays monthly and is building for growth. See why SRU.UN can power tax‑free TFSA income today and…

Read more »

open vault at bank
Bank Stocks

Canadian Bank Stocks Appear Unstoppable: Here’s the One I’d Buy Right Here

TD Bank (TSX:TD) and other Big Six banks blew reported good results for their latest quarters.

Read more »

four people hold happy emoji masks
Dividend Stocks

Why I’m Watching These Dividend All-Stars Very Closely

These two Canadian dividend all-stars could be among the best picks in the market right now, flying under the radar.

Read more »

man looks surprised at investment growth
Dividend Stocks

8% Dividend Yield? I’m Buying This Stellar Stock in Bulk

Do you want high monthly income backed by essentials? Slate Grocery REIT’s U.S. grocery-anchored centres offer stability, cash flow, and…

Read more »

Partially complete jigsaw puzzle with scattered missing pieces
Dividend Stocks

2 Dividend Stocks to Double Up on Right Now

With their consistent dividend payouts, strong underlying businesses, and solid growth outlooks, these two dividend stocks stand out as attractive…

Read more »

Canadian dollars in a magnifying glass
Dividend Stocks

Monthly Income: Top Dividend Stocks to Buy in December

These two top Canadian dividend stocks could add steady monthly income to your portfolio while offering room to grow.

Read more »

Oil industry worker works in oilfield
Energy Stocks

Should You Buy Suncor or Canadian Natural Resources Now?

Suncor and Canadian Natural Resources are up in recent months. Are more gains on the way for one of these…

Read more »

dividends grow over time
Dividend Stocks

1 Canadian Stock to Dominate Your Portfolio in 2026

Down almost 40% from all-time highs, goeasy is a Canadian stock that offers significant upside potential to shareholders.

Read more »