20-05-2025
John Ivison: Punitive taxes are killing the legal cannabis industry
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If you want to be a millionaire, start with a billion dollars and launch a cannabis production company in Canada.
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In the original version of his famous quote, British entrepreneur Richard Branson was highlighting the challenges and capital intensive nature of the airline industry. But a new report by consultancy firm Deloitte, due for release on Wednesday, paints a similar picture.
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The report looked at the impact of Canada's cannabis excise tax and concluded the industry's financial viability is in question because of high taxes.
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The Cannabis Act of 2018 was a cornerstone piece of legislation for the Trudeau government, which pledged to 'outflank' organized crime by undercutting the black market for pot.
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But the new report suggests that illicit producers still control between one quarter and a half of the market, partly because a punitive excise tax regime raises costs for legal producers.
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The Deloitte report, commissioned by the Cannabis Council of Canada, said that the excise tax paid to governments accounted for 31.5 per cent of gross production revenues last year, at a time when prices are falling.
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It would, of course, be rare to find an industry that endorses the amount of tax it is paying.
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However, the government's own expert panel, which conducted a legislative review of the Cannabis Act last year, noted the industry's 'urgent concerns' about viability and said they were 'well founded.'
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Deloitte looked at the financial results of 36 licensed cannabis producers between 2019 and 2024 — nine of which filed for insolvency during the period under review.
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The share of production revenues diverted to excise taxes doubled in that time, making it the largest single expense.
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When the excise tax was set at $1 per gram or 10 per cent of the value of dried or fresh cannabis seeds (whichever was greater), prices were around $10 per gram. But the flood of new entrants to the market, and the stubborn illicit market, lowered the price to around $3-4 per gram, sending the effective tax rate over 30 per cent.
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The industry has argued that the excise duty should be adjusted to a uniform 10 per cent of value and the flat rate of $1 per gram should be eliminated entirely.