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Israel’s Finance Minister pushes back on tariffs on Canadian cannabis

Canadian producers exporting cannabis to Israel have received at least a brief reprieve from recently announced tariffs of up to 165% after the Israeli Finance Minister repealed the move, according to a report in Israeli media.  

The move follows an announcement on April 10, in which the country’s Minister of Economy and Industry, Nir Barkat, stated that he had accepted the proposal to impose tariffs on cannabis imported into Israel by Canadian companies at rates as high as 165%. 

The plan still required final approval from the country’s Knesset Finance Committee and Finance Minister. In a letter sent to Barkat, as reported by the Israeli news outlet Calcalist, Finance Minister Bezalel Smotrich wrote:

“I would like to inform you that unless I inform you otherwise in the coming days, I oppose the decision to impose an anti-dumping duty on the import of cannabis flowers from Canada.”

Smotrich adds that the decision could be revisited, and that the Minister of Economy could submit the proposal in the future. The objection to the plan from Smotrich was based on the timing of the announcement from Barkat, who issued the announcement on April 10, the eve of Passover, meaning many government employees, including those in the Finance Ministry, were unavailable to properly review the decision. 

“As you know, all Ministry of Finance employees and state employees were on a concentrated vacation these days, and I was not able to carry out all the work processes required for me to formulate my position in the required depth.” 

“I intend to delve deeper into this issue, God willing, in the coming days, and to the extent that this delving deeper changes my decision, I will inform you immediately,” continued Smotrich’s letter, adding “if the burden of issues assigned to me results in my delving deeper into the issue….and if my opinion changes as a result of my delving deeper, you can renew your contact with me again, and we will move forward with the decision by agreement.”

The move is a contentious one in Israel because of its impact on patient choice and future market prices, explains Tzvi Lefler, CEO at K&K Consultants Ltd., who provides consulting in the Israeli and international cannabis markets. 

While he says he understands the concerns some Israeli cannabis companies have expressed regarding claims that some Canadian companies have been selling large amounts of cannabis at low prices into the market, the approach the Ministry of Economy and Industry has taken doesn’t appear to make sense from his perspective. 

“According to the investigator, there is one company that is in charge for most of the dumping. There’s plenty of ways to deal with that without tariffs, there is no need to hurt the Israeli patients and all other Canadian exporters.”

“They know exactly who is doing what. They have the invoices. They know exactly who is selling at what price. It’s very easy. So why punish everybody? And again, this does not punish the Canadian exporters. This punishes medical patients in Israel.”

Lefler adds that the way the Minister of Economy and Industry calculated the value of Canadian cannabis was inaccurate, noting that the Ministry was comparing prices of cannabis in Canada’s domestic non-medical market, which is not comparable to the prices for medical cannabis in the export market, especially with the added costs associated with exports (like special international certifications, special lab tests, special GDP international shipment etc).

Israel’s Ministry of Health also opposes the proposal to tariff Canadian cannabis, and has faced objections from Global Affairs Canada and numerous Canadian cannabis producers.

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Canadian cannabis a “strategic risk” for Israel, claims Commissioner for Trade Levies

The head of trade tariffs at Israel’s Ministry of Economy, Danny Tal, says tariffs on Canadian cannabis are necessary to protect not only Israel’s medical cannabis industry but the Israeli economy in general.

In an exclusive interview with Israel’s Cannabis Magazine, Tal doubles down on his claim that Canadian cannabis companies have been “dumping” their products into the Israeli medical cannabis market at rates below cost.

The Minister of Economy recently announced a plan to move forward with tariffs on Canadian cannabis—as high as 165%.

“When there is excess production capacity, or inventories whose validity is decreasing, the seller is willing to sell at a loss,” Tal said in the interview. “It is important to understand that this levy is not intended to protect only the local industry but the entire Israeli economy. Dumping is beneficial in the short term in terms of lowering prices, but it causes the collapse of the local industry and increases prices in the long term. This is called predatory imports: I lower prices until you collapse, and then I will do whatever I want with the prices.”

The country’s investigation into allegations that Canadian cannabis companies were “dumping” their products into the Israeli market began in January 2024 by the Ministry of Economy and Industry.

“Dumping is beneficial in the short term in terms of lowering prices, but it causes the collapse of the local industry and increases prices in the long term. This is called predatory imports: I lower prices until you collapse, and then I will do whatever I want with the prices.”

The head of trade tariffs at Israel’s Ministry of Economy, Danny Tal

In the course of the investigation, it was determined that the large volume of cannabis sold into the Israeli medical market from Canada was having a significant impact on both the local market and domestic companies’ ability to compete. 

These products, determined by a 2024 report, were sold at lower prices, which Tal argued do not reflect the normal course of business, and at prices that are lower than production costs or from their prices in the Israeli market, especially given the additional costs of exporting cannabis from Canada. 

Then, on April 10, Israel’s Minister of Economy and Industry announced the nation will impose tariffs on Canadian cannabis at rates as high as 165% for the next four years.

The decision still needs to be approved by the country’s Knesset Finance Committee and Finance Minister. 

Many Canadian cannabis producers, as well as the Cannabis Council of Canada (C3), an industry association, have pushed back against these claims.

“Our members do not export final consumer-ready packaged goods to Israel, but instead export bulk raw material cannabis flower,” C3’s president, Paul McCarthy, told StratCann in 2024. “It is only once that raw material flower has arrived in Israel that local manufacturers process and package the flower for sale to pharmacies in accordance with the Israel Medical Cannabis Authority’s rules and regulations.”

In his most recent interview with Cannabis Magazine, published on April 18, Tal doubled down on these claims, calling the Canadian industry’s argument “nonsense.”

“What is sold in Canada in large packages is the leftovers from production – about 10% of the produce,” Tal is reported as having said. “They sell the most beautiful flowers to Israel – it’s the premium of the premium. They don’t sell us the same one-kilo packages that they sell there for less than a dollar, which is a loss-making price.”

If someone is trying to argue that spending 8 years investing, building and maintaining a sustainable operation in Israel is somehow nothing more than a cost-saving cannabis disposal method—that’s more than just wrong. It’s disturbing that whoever was behind this deeply flawed analysis may have a role in determining international trade policy and hurting Israeli patients.”

Mike Gorenstein, the CEO of The Cronos Group

Tal also claimed, without evidence, that it’s cheaper for Canadian cannabis companies to export cannabis to Israel than it is to destroy it. In reality, the process these companies have to go through to export cannabis can be complicated and costly

“In December 2023, Canada announced that it had a surplus of 53-54 million unsold packages—an amount equivalent to 5-6 months of consumption. The cost of destruction there is so high that it is cheaper for them to send it to Israel at a loss.”

Tal also told the publication that the Canadian industry’s claims that many of these sales are on consignment are false. 

“Consignment in cannabis does not really exist, because you cannot return goods to Canada. Canada does not allow this, despite all the quantities it exports here, it does not allow Israeli exporters to bring cannabis goods to Canada. It is completely unilateral.”

While Tal is correct that Canadian companies can generally not bring unsold cannabis back into the Canadian market, this does not support the claim that consignment does not exist. In fact, one Canadian cannabis company, Decibel, has mentioned a default of $1.6 million in a payment for shipments to Israel.

In the most recent interview, Tal also called out one Canadian cannabis company, The Cronos Group, by name. According to Tal, Cronos accounts for more than 75% of total imports from Canada, accusing them of being the biggest participants in the alleged “dumping” process.

Mike Gorenstein, the CEO of Cronos, tells Stratcann that such claims are unfounded. 

“The idea that Cronos is sitting on immovable inventory and shipping it to Israel because it’s ‘cheaper than destroying it’ is pure fiction—which is par for the course in the Trade Commissioner’s investigation,” says Gorenstein. “As I have said before, we are struggling to keep up with global demand, which is why we announced a 70% capacity expansion at Cronos GrowCo last year. 

“Let’s be clear: we do not sell at a loss in Israel. What is more troubling is that Cronos Israel is home to over 60 employees, with full-time offices and operating facilities. If someone is trying to argue that spending 8 years investing, building and maintaining a sustainable operation in Israel is somehow nothing more than a cost-saving cannabis disposal method—that’s more than just wrong. It’s disturbing that whoever was behind this deeply flawed analysis may have a role in determining international trade policy and hurting Israeli patients.”

In September 2024, Cronos joined a group of cannabis cultivators that had filed an administrative petition in the District Court of Jerusalem, Israel, against the Trade Levies Commissioner and certain Israeli and Canadian businesses in relation to the Israeli government’s concerns about “product dumping” into their domestic market from Canadian cannabis companies.

Cronos sells products in Israel under its Peace Naturals brand. n 2024, Cronos sold $28.4 million of cannabis into the Israeli market. 

Cannabis Magazine also notes that some of the most popular and in-demand medical cannabis in Israel is from Canadian companies, supporting the idea that the presence of these products in the Israeli market is a result of consumer demand for quality rather than price. 

In addition to industry pushback on Israel’s push to tariff Canadian cannabis, in November 2024, Jean-Pierre J. Godbout, a spokesperson for Global Affairs Canada, told StratCann that the agency was also reviewing the proposal to see if it is in compliance with WTO rules. 

“Canada is disappointed with Israel’s Commissioner of Trade Levies’ conclusion that imports of medical cannabis from Canada were dumped into Israel and caused material injury to the Israeli domestic industry. We are reviewing the Commissioner’s decision to assess its compliance with applicable WTO rules and have significant concerns with the Commissioner’s methodological choices and interpretations of the facts in the case. We will continue to closely monitor the development of this case, including the Advisory Committee review and Ministerial approval processes, and intervene alongside the implicated Canadian industry.”

The head of the economy, regulation and innovation at Israel’s Ministry of Health also has concerns about the proposal, saying it will harm Israel’s cannabis industry, questioning the report’s methodology and saying the Ministry of Health will not support the proposal.

Israel’s Competition Authority has also rejected the proposed tariffs, something Tal has dismissed as not being in their wheelhouse. 

The country’s Finance Minister is expected to make a final decision the week of April 21 on whether to veto the Ministry of Economy’s recommendation for tariffs up to 165%, reports Cannabis Magazine. If the Finance Minister does not veto it, the issue will be moved to the Knesset Finance Committee for discussion. The Knesset returns from recess in early May, with Tal saying the process could be completed as soon as early June.

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Israel to move forward with tariffs on Canadian cannabis—as high as 165%

Israel’s Minister of Economy and Industry has announced the nation will impose tariffs on Canadian cannabis at rates as high as 165% for the next four years. 

The decision still needs to be approved by the country’s Knesset Finance Committee and Finance Minister. 

The move, which was based on allegations of “product dumping” into the Israeli medical cannabis market by Canadian companies, was opposed by Israel’s Ministry of Health and faced objections from Global Affairs Canada and numerous Canadian cannabis producers. 

In July 2024, the Israeli government agency released its preliminary report on the topic, proposing tariffs from 63% to 369% depending on the cooperation of the companies involved. 

Then, in a report published on November 10, Israel’s Director of Import Administration and Commissioner of Anti-dumping measures at the Ministry of Economy shared the agency’s final report, which had argued for rates as high as 175%. 

In its adoption of the Minister of Economy’s Advisory Committee recommendations, the new levy tariffs will be 165% on all Canadian cannabis imported into Israel, except for Decibel (12%), Village Farms (28%), Organigram (53%), and Tilray (70%). 

Local media report that these four companies no longer ship much cannabis to Israel. 

A representative with Tilray has confirmed with StratCann that the company is not currently supplying Israel with cannabis from Canada. The company references their last shipment to Israel from Portugal in their 10Q in 2023.

A representative with Pure Sunfarms declined to offer comment.

“We remain of the firm belief that the investigation’s methodology and interpretations were seriously flawed and that there is no credible basis for the tariffs placed on our company. The appropriate tariff amount for Organigram is zero.”

Mark McKay, Director, Communications and Digital Strategy at Organigram

Mark McKay, Director, Communications and Digital Strategy at Organigram, tells StratCann via email that the company is pleased their tariff rates are lower than some companies, but still feels there should be no rate at all. 

“Organigram is pleased that, due to our extensive and transparent collaboration with the Commissioner during his fact-finding mission to Canada, the tariffs levied on us were not as high as others,” says McKay. “That said, we remain of the firm belief that the investigation’s methodology and interpretations were seriously flawed and that there is no credible basis for the tariffs placed on our company. The appropriate tariff amount for Organigram is zero.”

“The lower potential duty rate reflects the cooperative approach we’ve taken and the confidence in our pricing practices. Our goal is to continue supporting the Israeli market with premium cannabis and to build on our growing presence there.”

Adam Coates, Chief Revenue Officer with Decibel Cannabis

Adam Coates, Chief Revenue Officer with Decibel Cannabis tells StratCann that the company feels it received such a low excise rate because they worked with the Ministry of Economy on the issue.  

“We provided robust and transparent information throughout the Ministry’s review process, including participating fulsomely in the Ministry’s onsite inspection, and responding to additional requests for information in a timely and thorough manner,” Coates tells StratCann. “The lower potential duty rate reflects the cooperative approach we’ve taken and the confidence in our pricing practices. Our goal is to continue supporting the Israeli market with premium cannabis and to build on our growing presence there.

“We see the proposed 12% duty as a potentially positive outcome for Decibel, particularly when compared to the significantly higher rates assigned to other exporters,” he adds. “While the decision is not yet final, it suggests confidence in both our pricing practices and the quality of our products. Decibel is known for delivering consistent, premium cannabis, and we believe that reputation is reflected in this outcome.”

In February, Decibel announced a new supply agreement in Israel for their Qwest brand. Decibel’s sales to Israel were $3.7 million and $1.9 million, respectively for the years ended December 31, 2023, and 2022. 

“While we don’t disclose market-specific volumes, Israel is an important market for Decibel,” continued Coates in an email. “Israel was the first market we launched Qwest branded flower for medical patients and we’re proud to be a trusted supplier of premium medical cannabis to Israeli patients. We remain committed to supporting the local medical cannabis community in Israel and continuing to expand our global footprint responsibly.

Mike Gorenstein, the CEO of Cronos, a Canadian cannabis company that does extensive business with and even in Israel, including their own production footprint in the country where they employ more than 60 people, says he was shocked by the announcement, and questions the method the Israel Ministry of Economy used to come up with these rates. The current global conversations around tariffs, Gorenstein says, add even more confusion to the announcement. 

“Inventing arbitrary formulas to make tariffs is bad for consumers and worse for patients. I would have thought we just learned that in the last week”

For the three months ending September 30, 2024, $7.3 million of Cronos’ cannabis sales were in the Israeli market.

“Inventing arbitrary formulas to make tariffs is bad for consumers and worse for patients. I would have thought we just learned that in the last week”

Mike Gorenstein, the CEO of Cronos

These tariff rates were based on the Ministry of Economy’s investigation into domestic pricing for cannabis in Canada. But the head of the economy, regulation and innovation at the country’s Ministry of Health, Ran Ridnik, has also previously sent a letter to the Ministry of Economy’s Dany Tal expressing his dismay at the proposed tax rates and the process that was followed to come to such a determination. 

Tal, the Director of Import Administration & Commissioner of Anti-dumping measures, Ministry of Economy, State of Israel, has led the investigation process and reports. He provided this comment recently:

“Following the economic investigation I led, which found that cannabis is being imported from Canada at dumping prices causing significant damage to the local industry, and following the recommendation of the advisory committee that approved the findings of the investigation, the Minister of Economy decided to impose an anti-dumping duty on cannabis imports from Canada,” said Tal in a post on Linkedin on April 10

Israel is one of a handful of countries that have seen a significant amount of cannabis imports from Canadian companies, along with Australia, Germany, and, to a lesser degree, the UK.

Note: This article has been edited to include comments from Decibel Cannabis.

h/t to calcalist and Israel’s Cannabis Magazine

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Preliminary report: Israel might apply import fees on Canadian cannabis

The Israeli Government has released its preliminary decision regarding accusations that Canadian cannabis companies are dumping low-cost cannabis products in the Israeli medical cannabis market.

The preliminary findings have determined a fair price and profit margin for Canadian companies selling cannabis into the Israeli market. A final version of the report, with finalized recommendations, is expected later this year.  

The commissioner has decided against imposing a temporary guarantee of any levies and will provide his final recommendations on the matter in the investigation’s final findings.

The investigation was announced in January 2024 by the Commissioner for Trade Levies at the Ministry of Economy and Industry, Danny Tal. 

In the course of the investigation, it was determined that the large volume of cannabis sold into the Israeli medical market from Canada was having a significant impact on both the local market and domestic companies’ ability to compete. 

These products, determined Tal’s report, were sold at lower prices that, he argues, do not reflect the normal course of business and at prices that are lower than production costs or from their prices in the Israeli market, especially given the additional costs of exporting cannabis from Canada. 

An example of some of the Canadian cannabis products available in the Israeli market.

Many Israeli cannabis companies told the investigators that they were forced to sell products at or below cost due to competition with lower-priced Canadian cannabis. Producers also said they were forced to destroy large amounts of cannabis they could not sell, in part due to these imports. 

Cannabis Magazine, an online publication in Israel, says that many Israeli medical patients have preferred Canadian cannabis because it is seen as a higher quality than locally-produced products. However, the report also notes that the quality of cannabis from licensed Israeli companies has improved in recent years. 

Israel imported 78,394 kg of cannabis from 2020-2023, with 62,345 kg coming from Canada, or about 80%. Other countries of origin were Portugal, Uruguay, and Uganda. 

The investigation looked into all Canadian cannabis companies selling products into the Israeli market. They specifically visited Organigram, Decibel, and Pure Sunfarms who welcomed investigators to look closer at their facilities and books. 

Once the investigators determined an accepted price and an export price per gram of cannabis, the commissioner calculated overflow rates in the complaint products for each of the three companies that cooperated with the investigation and for the rest of Canada.

Based on these factors, the investigator determined that these companies are entitled to an 8% profit on products sold into their local market. The investigation also determined that a fair price for Canadian cannabis sold into the Israeli market was about $2-8 a gram (in Canadian dollars).

Based on investigations into Canadian production costs, including packaging and shipping, as well as additional export costs, the commissioner recommends a floating levy or tariff of 63% for Decibel, 74% for Pure Sunfarms, 112% for Organigram, and 369% for all other producers.

The preliminary report states that the commission will also submit a report on its findings to the World Trade Organization.

All prices in CAD unless otherwise noted

The floating prices exist, explains a notice by the commissioner (Translated), “when the foreign producer exports the goods at prices lower than their production costs or their price in the country of origin. Such imports are defined in the World Trade Organization as “unfair trade” and according to the WTO’s Export Convention, the country may protect its domestic market in such cases by imposing an export levy, which compares the import price to the price that reflects fair competition.”

“Sales at floating prices,” it continues, “may arise in cases where the foreign manufacturer suffers from excess inventory that is not sold in his local market alongside a limited validity of the goods that affects his ability to store unsold production surpluses, or in cases where he wishes to capture market share in the importing country even at the cost of a continuous damage to his profitability due to long-term considerations, range of penetration and establishment of its activity in foreign markets.”

The report found that Organigram exported about 5,000-1,000 kg of cannabis flower to Israel in 2023. The investigator determined that a fair price for their products on the market was NIS$10-20, or about CAD$3.75-$7.50 per gram. NIS is the new Israeli Shekel.

The investigator found an acceptable price for Decibel’s products in the Israeli market was also about NIS$10-20. Pure Sunfarms’ products were determined to be about NIS$5-15 per gram, or CAD$2-6.

Another recent report shows that the use of medical cannabis in Israel has been declining in the last six months. A similar trend has been emerging in Canada.

The report notes that the Israeli market faces similar challenges to the Canadian market and others around the world, dealing with market contraction after an initial rush, over-supply, and other issues.  

Many Canadian companies have touted their export sales to countries like Israel as a way to command a better price than in the domestic market and deal with the large volume of product in their vaults.

Despite the increased costs associated with exports, which include special approvals and certifications, producers can often find better payment terms in the export market than selling into provincial markets, where payments can take weeks or even months.  

Stay tuned to StratCann for more on this issue as it evolves.

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