The illegal
market in Cannabis has proven to be a tenacious competitor against the legal
one
A powerful
reason to legalize cannabis is to wrest the market away from criminal
enterprises and tax the proceeds. But in Canada and the US states where weed is
legal, the illegal market has proven to be a tenacious competitor – and it’s
likely to remain so for years.
For example,
California is the largest and most complex of the legal US markets. Here
underground sales can be divided into two broad categories: the illegal or
“black” market that includes everyone growing and manufacturing products for
export around the world, which is against the law.
The so-called “grey market” refers to
companies that continue to operate locally in California but take a risk by
saving the time and expense to acquire licenses.
For licensed
businesses trying to follow the rules, California’s grey market presents the
bigger problem. Because these companies don’t adhere to the complex regulations
covering everything from security to product testing, they can undersell their
law-abiding counterparts by up to 50%, according to Bryce Berryessa, the
president of the licensed California cannabis company La Vida Verde.
Beneficiaries
of this conflict will be ‘Pick & Shovel ‘companies. So called from the
example of ‘The Gold Rush’ where more money was made by a few enterprising
individuals providing the means to dig for gold than the thousands scrambling
and sweating doing it.
KushCo
Holdings Inc. is the largest supplier to the cannabis industry. Currently, 60%
of the company's sales come from low-cost vape pens, and vaping is becoming an
increasingly popular method for consuming CBD. Vaping gives an immediate effect,
both faster and easier to discern than when CBD is consumed as a sublingual
tincture.
KushCo's
low-cost vaping devices will be the product of choice for many new CBD
consumers. KushCo also has another business - it provides the solvents
necessary to extract oils from cannabis, whether that cannabis contains some intoxicating
Psychoactive THC or not.
With hemp
processing facilities popping up across the country, supplying the ingredients
necessary to extract CBD could turn out to be a much bigger business than even
Kush imagined.
In much of
the state, grey-market cannabis companies operate in plain sight, and it’s not
necessarily clear to customers whether a store is legal or not. Weedmaps, a
popular online dispensary locator, doesn’t distinguish between licensed and
unlicensed dispensaries – nor do mainstream sites like Google and Yelp.
Grey market dispensaries and delivery services
also stock counterfeit products, which are packaged to mimic the best known
legal brands. (Consumers who want to be certain they are shopping at a legal
dispensary can check on the state regulator’s website.)
To combat
the illegal market and foster legal businesses, California’s governor, Gavin
Newsom, said last month he would be sending national guard troops into northern
California’s cannabis-growing regions. There have been crackdowns on unlicensed
dispensaries as well, though legal businesses have called for more. Lawmakers
have also proposed lowering marijuana taxes so legal businesses can compete
against the grey market.
But these
proposals do not address what could be the most significant problem for
legitimate businesses: while California has legalized personal marijuana sales
to all adults, most jurisdictions in the state do not yet allow new marijuana
business start ups. (Marijuana is the Mexican word for Cannabis)
This in effect forces millions of customers to
shop on the grey market. “Hundreds if not thousands of companies who intend to
shift into the legal market are forced to participate in the grey market
infrastructure that has been in place for decades Berryessa said.
In January 2018, the month California’s adult
market opened, he says, there were about 200 fully legal pot shops in
California, compared with roughly 4,000 grey market dispensaries.
Unlicensed
businesses have continued to thrive in other markets as well. Canada’s grey
market has capitalized on rolling supply shortages. In Oregon, where there is a
glut of product, growers offload their crop on to the illegal market, sometimes
referred to as the “traditional” or “free” market.
As
legalization becomes more widespread, it seems likely that the black and grey
markets will recede, though many law-abiding businesses are likely to go under
in the meantime. Without a mandate from the state capital in Sacramento, every
city in California can legalize marijuana businesses on its own timeline. The
resulting uncertainty nourishes the grey market.
It also has
the ‘Pick & Shovel’ companies legally providing the
tools and products to consumers of legal and illegal Cannabis, and go laughing all
the way to the bank.
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