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The double-standard in cannabis advertising

The Canadian recreational cannabis industry is over six years old at this point, which is long enough to determine that the sky has not fallen with the end of prohibition. The sector has matured, fostered innovation, and even helped normalize cannabis use after decades of prohibition and negative propaganda.

Despite these achievements, little to no progress has been made on the massive restrictions that still exist in advertising, marketing, packaging, and retail. This ongoing embargo becomes a further eyesore when considering the cannabis advertising freedoms in legal states or even the alcohol industry here in Canada.

“[The US] has colours and designs on the packages, you can just see it all over the store,” said Matt Maurer, Chair of the Cannabis Law Group at Torkin Manes. “Canada on the other hand is incredibly restrictive. The default approach is, to paraphrase the Cannabis Act, you’re not allowed to advertise at all unless you do it in accordance with how we say you’re allowed. So you start from a position where you can’t do anything.”

I think it’s impossible to not know that, given how the [cannabis] industry has been yelling at them for six or seven years about why we can give away free things on the top of a whiskey bottle, but we can’t do anything with cannabis.

Matt Maurer, Cannabis Law Group at Torkin Manes

The restrictive nature goes beyond advertising and into the retail framework itself. For example, anyone under the age limit is not allowed into a retail location, and in many parts of the country, it is still required for store windows to be opaque, which has been a breeding ground for robberies.

On the other hand, alcohol retailers allow accompanied minors, which makes it more convenient and safer for customers who have children with them, and liquor store windows are not obscured.

The government is aware of the double standard. “I think it’s impossible to not know that, given how the [cannabis] industry has been yelling at them for six or seven years about why we can give away free things on the top of a whiskey bottle, but we can’t do anything with cannabis,” said Maurer.

The reason changes to these areas have not been made is that the government simply has no incentive. “Who are the voters that the government would be pandering to in order to change it? It’s really just people in the cannabis industry and that’s not a large segment of voters.”

Baby steps

Despite the cannabis industry’s weak voting position, there are people lobbying for change. One such person is Paul McCarthy, President of the Cannabis Council of Canada. He feels that the government is well aware of the issues, and he’s persistently ringing the bell so they don’t forget.

“The Government of Canada is in the final stages of developing a regulatory package that would see amendments on security, packaging, labelling and a host of other things that Licensed Producers would like to see changed,” he said. 

“This past summer they conducted a consultation on these proposed changes and we submitted our comments. Much of what we had to say was: please action this as quickly as possible. I have been lobbying Health Canada since October to expedite this package.”

There’s an added wrinkle in the quest for amendments to these problems—the fact that the Canadian government is in a period of significant instability. This has put a timer on the clock to get it done before the election, as chances are it won’t get done after.

“In early January, on the heels of prorogation, I wrote to the Minister of Health and urged him to push these regulatory changes through before we end up in an election,” said McCarthy. “I don’t know if we will get it done but I can tell you that we are doing everything that we can to see them come into force before a writ.”

Despite the archaic nature of these restrictions, slow improvements have been made, such as the aforementioned frosted windows situation, which has cleared up in some provinces.

“In Alberta, you don’t have to have the frosted windows anymore [and] that was driven by people getting robbed,” said Maurer. “They go in, lock the door and no one can see what’s going on. It took months of that happening, if not longer, for at least some of the provincial governments to change it.”

To serve and protect

Another glaring burden that still exists is that cannabis products, infused beverages as an example, are still not permitted in the same areas where alcohol consumption is both available and encouraged.

“Why can’t we sell cannabis beverages at events, or restaurants, or at a hotel?” said Maurer. He went on to mention that the government could create a new class of licenses for these establishments, which would basically allow the venue to purchase products from the provincial body or even retailers.

It seems McCarthy agrees these venues should have those rights, and he added some cautious optimism as well. “I do foresee a time when that happens but I don’t have any insight as to when that may be. I would add, if/when we were to achieve that, I suspect it would be a bit of a marker that we are close to treating cannabis as it should be.” 

As restrictive as the Canadian regime currently is in these areas, it’s possible that the US is too far in the other direction.

“Certainly from a political point of view, they probably are,” said Maurer. “There’s stuff that looks appealing to kids.” He added that if you draw a line of distinction between what’s appealing to children and what really has nothing to do with that, you will end up with a balance. The litmus test is if children will find it enticing.

“Ask, does it make it more appealing or more accessible to children? If the answer is no, [it passes]. What else is going to happen if it’s not appealing to children? What’s the downside?”

Good things come in new packaging

It’s clear to many in the Canadian cannabis industry that it’s also time to loosen the restrictions around packaging. The current rules, as they stand, are a complete hindrance to any sort of brand loyalty or, at the very least, brand development. There’s no good way to differentiate products because it is prohibited to talk about effects and various other indicators.

“When you go into a store all you know is who makes it, the name they call it, the [potency] percentages, and if it’s an indica or sativa,” said Maurer. He went on to say that the customer can go with budtender recommendations, but those are sometimes biased based on the products they are required to move.

It seems clear that for the Canadian cannabis sector to evolve with healthy brand development, advertising and marketing restrictions need to be revised and availability increased. There are other industry examples to choose from, namely booze.

“Treat it like alcohol. You need to have a license to sell it, keep the prohibitions on certain types of packaging, but let adults purchase it outside of cannabis stores at venues where it makes sense.”

Navigating dementia: exploring the potential of cannabis in care

January marks Alzheimer’s Awareness Month, a time to reflect on the growing impact of dementia on individuals and families across Canada. The numbers are frankly alarming – over 700,000 Canadians are currently living with this condition, and projections suggest that the number could double by 2050.

It’s not just the memory loss; for many with moderate to severe Alzheimer’s, agitation and aggression become a daily struggle, deeply affecting both the individuals themselves and those who care for them. 

As a pharmacist, I’ve witnessed these struggles firsthand and seen the frustration when conventional treatments just don’t seem to make enough of a difference. It’s in this context that the potential role of cannabis has begun to spark interest and raise important questions.

A glimmer of hope: what the research suggests

The connection between cannabinoids and dementia is still a developing area of research, but some promising findings have emerged. As a pharmacist, I find it particularly intriguing to see studies exploring cannabinoids’ potential to address challenging symptoms like agitation and aggression in Alzheimer’s patients. 

For example, a 2018 study conducted at Sunnybrook Health Sciences Centre demonstrated that nabilone, a synthetic cannabinoid, significantly reduced agitation in patients, with a 47% decrease compared to a 23% reduction in the placebo group. A more recent 2024 study from Johns Hopkins and Tufts Universities found that dronabinol, another synthetic cannabinoid, showed similar benefits in reducing agitation, with fewer side effects than traditional antipsychotics.

While these early studies give a glimmer of hope, they also emphasize the need for cautious, informed application of cannabinoids in dementia care, given the complexity of their effects on the brain.

The importance of careful guidance

Cannabinoids interact with a brain affected by Alzheimer’s in unique and sometimes unpredictable ways. While many people turn to cannabis for its calming properties, dementia patients may experience adverse effects, such as heightened confusion or excess sedation. As a pharmacist, I’ve seen firsthand how these complexities require thoughtful consideration and a tailored approach. 

This is why I advocate for pharmacist-led guidance when exploring the use of cannabis. With our clinical training and understanding of both conventional and alternative therapies, pharmacists are uniquely positioned to ensure cannabis is used safely, effectively, and in alignment with the specific needs of each patient. At Apothecare, my co-founder Ajay Chahal, a fellow University of Toronto-trained pharmacist, and I are dedicated to closing the gap between traditional and alternative medicine. 

As pharmacists, we understand the complexities of incorporating cannabis into patient care, and we’re passionate about empowering patients and caregivers to make informed decisions. Our approach is rooted in evidence-based cannabis education, ensuring that any use of cannabis is accompanied by close monitoring and a plan tailored to each patient’s unique needs. We see ourselves as trusted navigators, helping patients and their families understand the intricacies of cannabis therapy, and prioritizing safety and efficacy every step of the way.

Looking ahead: the future of research

The conversation around cannabis for wellness purposes is constantly evolving, and Canada is playing a key role in this ongoing research. While the initial findings on cannabinoids and their potential to improve quality of life for dementia patients are preliminary, it’s important to remember that more research is needed. We need larger-scale studies to really establish best practices and robust safety guidelines. That said, even the limited research done so far offers some encouragement.

For anyone considering cannabis as a potential treatment option, I urge you to have a thorough conversation with your healthcare provider. It’s about making informed decisions, weighing the potential benefits against the risks, and ensuring proper oversight. With the right approach – grounded in education, careful monitoring, and personalized care – cannabinoids could potentially become a valuable tool in our efforts to provide better care and a better quality of life for those living with this challenging condition.

About the Author:

Anushya Vijayaraghevan is a licensed pharmacist and co-founder of Apothecare. She holds a Doctor of Pharmacy from the University of Toronto and is deeply committed to integrating evidence-based cannabis use into patient care.

Canada’s wholesale cannabis market shifting from buyers’ to sellers’

While the beginning of cannabis legalization in Canada was characterized by a surplus of product, many in the industry now say that trend has been shifting to a shortage in recent months. 

This is good news for cannabis growers, as it means having more leverage on the market, putting brokers and third-party processors in a less-than-ideal position for potentially the first time. 

Jacquie Trombley, director of sales, marketing, and product development at Agmedica Bioscience Inc. in Ontario, says she has seen a significant shift in 2024 from a buyer’s market to a seller’s market. 

There’s been a significant shift to 100% cash up front and we’re getting it! Before the product leaves our facility.

Jacquie Trombley, Agmedica Bioscience Inc

Agmedica sells in Canada’s medical and non-medical markets, both under their own brands and in the B2B market, and exports to international markets. 

“Historically, we would usually have at least some inventory in our vaults, but right now the majority of the requests we receive for product go unfilled,” explains Trombley. “We get asked for product pretty much every day, and we cannot meet the demand.”

This is in part because of the increasing demand of the export market, she says, but it’s also the result of the number of cannabis producers closing up shop. Some struggling producers who might have been desperate to move products at a discounted rate are now out of the market, and, over time, this benefits those who have been able to stick it out.  

This is reflected by the increase in price for not only top-quality flower, but also the rise in price for smalls and trim, which generally aren’t making their way to the international markets. 

“Pricing has come up dramatically,” she continues. “We used to sell A [grade] flower for what we’re selling B [grade] flower for now. B flower and trim pricing has probably doubled.” 

Another big turn, says Trombley, is payment terms for growers who are selling to processors, something that is arguably more impactful than the price increase, where various consignment deals and terms have been common for growers in the first few years of legalization, meaning full payment might not have been provided for some time after product had sold in a provincial market. 

“We are no longer offering terms to B2B domestic buyers because you just might not get your money,” she continues. “There’s been a significant shift to 100% cash up front and we’re getting it! Before the product leaves our facility.”

This is a big deal for small growers who are struggling to keep the lights on. 

“Right now, I think some of those smaller companies absolutely can demand cash up front right now, or at least improved payment terms.”

Steve Clark, founder of the Canadian Cannabis Exchange, says the issue is something many in the industry have been discussing this year. 

“We are seeing domestic supply shrinking in a number of ways,” says Clark. “The closures of growing facilities and reduction of square footage of canopy in Canada. The companies who were producing for their own internal supply in these facilities have flipped from net sellers to net buyers, (further taking supply off the market), and the pull from export into intensive markets is reducing overall flower availability.”

​​Michael Gorenstein, president and CEO of the Cronos Group, another cannabis company that sells domestically and in international markets, made similar comments on a recent quarterly report earnings call. 

“We’ve really seen a huge shift in the supply dynamics where we’ve had significant oversupply in the past,” said Gorenstien. 

Although he says he still believes there is a large supply of low-quality cannabis flower in the market, this isn’t necessarily a product with much market demand. Quality cannabis, he says, is a different story. 

“As we said in the past, there’s a difference between available cannabis inventory and available inventory that’s sellable as quality flower,” continued Gorenstien. “While there’s plenty of the former, there is now a shortage of high quality desirable flower that is sellable to consumers in Canada.”

The company’s most recent quarterly report also noted: “We are anticipating shortages in raw materials and may be unable to obtain adequate supplies of raw materials in a timely manner and at commercially reasonable prices.”