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

woman looks ahead of her over water
Stocks for Beginners

What the Average Canadian TFSA Balance Looks Like at Age 50

Make the most of your self-directed TFSA portfolio and get an edge over Canadians neglecting the tax-free investment vehicle.

Read more »

Concept of multiple streams of income
Dividend Stocks

A TFSA Pick Yielding 7% With Dependable Cash Payments

This TSX income fund's monthly $0.10-per-share distribution is like clockwork.

Read more »

Piggy bank and Canadian coins
Tech Stocks

How to Use Your Annual TFSA Room to Double Your Contributions

Your 2026 TFSA limit is $7,000. But smart investors use quality stocks like Microsoft to make that room work twice…

Read more »

TFSA (Tax free savings account) acronym on wooden cubes on the background of stacks of coins
Dividend Stocks

The Simplest and Most Effective TFSA Strategy to Kick Off 2026

Add these two TSX stocks to your self-directed TFSA portfolio to get the right mixture of defensiveness and long-term growth.

Read more »

tsx today
Stock Market

TSX Today: What to Watch for in Stocks on Thursday, April 16

After four straight days of gains pushing the TSX closer to record highs, today’s flat opening signals investors may turn…

Read more »

some REITs give investors exposure to commercial real estate
Dividend Stocks

A 7.6% Dividend Stock Paying Cash Every Month

This TSX stock offers reliable monthly income with strong underlying fundamentals.

Read more »

c
Investing

This Canadian Stock Is Down 20% and Nearly Perfect for Long-Term Investors

Considering the essential nature of its service, its healthy growth prospects, and discounted stock price, this Canadian stock offers attractive…

Read more »

frustrated shopper at grocery store
Investing

This Canadian Stock Is 16% Off Its Highs and Built to Hold Forever

This Canadian company has been consistently delivering solid financials and significant long-term growth prospects.

Read more »