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What Can Canadian Companies Expect if They Have Marijuana Stock Interest in the United States

Canadian companies who are on the forefront of the country’s medical and soon-to-be recreational marijuana business have some of the fastest growing stock interests in their home country. As well it should be – Canadian Prime Minister Trudeau and the Canadian government last year announced plans to legalize cannabis for recreational use nationwide come July of 2018. 

However, some of these companies are publicly traded on the Canadian Stock Exchange (CSE). The Toronto Stock Exchange (TSX), has largely shied away from listing companies that have interests in the United States, however it does possess all Canadian equity trades via its clearing house the Canadian Deposit for Securities. 

This means that companies needing to raise money have raced to CSE to do so. Often these funds are being raised to fund U.S. opportunities. These companies are allowed to list on CSE so long as there is adequate disclosure. However, in the case that TMX decides to stop clearing trades, a viable alternative is necessary. And it’s one that CSE executive Richard Carlton is actively seeking. 

It’s Still Challenging for the US Funding and Investing for Marijuana Industry

In comparison to the United States, where funding and investing a marijuana company even in legalized states remains difficult, money is flooding into Canadian-listed stocks. However, a decision to take a tougher line on Canadian capital markets could spell disaster for the possible expansion of Canadian companies looking to invest in U.S. states where marijuana is legal. 

Indeed, many of the companies that investors have fallen in love with are currently increasing their footprint in the United States. If they do not already have interest in the United States, they are planning to do expand. However, there’s a catch. These companies are mandated by TMX to remain in compliance with all relevant laws and regulations in the jurisdictions where they operate. 

Why Aphria Should be Concerned? 

Aphria, one of Canada’s rising investment stars, has reason to be concerned. As part of its investment strategy, it is planning on making a $25 million investment in Florida, where medical marijuana is legal, yet it remains illegal recreationally. In fact, 10 new companies that are cultivating marijuana in preparation for next year’s impending legalization. The entire industry has eyes on a possible large market: The United States. Where marijuana is still federally illegal, putting the stock exchange in a precarious position when it comes to listing marijuana companies that have interests in the United States. 

While TMX is currently allowing Aphria to remain listed, even with its plans for expansion in Florida, it has taken a harder approach for other companies. For example, Canadian Biotechnical Corporation left the TSX Venture Exchange after being told it could not pursue recreational marijuana interests in the United States. Conversely, Ottawa-based CannaRoyalty Corp has the bulk of its assets in the United States and is listed on the Canadian Securities exchange. 

The two rivals are taking different approaches when it comes to listing companies with U.S. interests. Not only is the CSE allowing for tiny, unlicensed companies to list, it is also allowing U.S. based corporations to trade, where they are barred from doing so domestically. 

Summary of the Current Status

While those with U.S. interests are looking to TSX to clarify its rules regarding companies listing on the exchange, some think that Canadian companies should avoid involvement and expansion into the U.S. entirely. They believe that institutional investors in the burgeoning market should feel confident that their investments are not funding illegal activities. 

While the federal government has yet to make a move against states where cannabis is legalized recreationally and medically, it is no secret that many in the Trump administration, including U.S. attorney general Jeff Sessions, are taking a hard line on federal marijuana policy. Unlike modern day vapes , which are a sensitive topic as well but are not banned in both countries, marijuana is illegal on the federal level. This is certainly a cause for some concern for investors and regulators in the Canadian market. 

It’s no better in the United States, where investors looking to take advantage of the boom in Canada and the growth of marijuana stocks there. The United States Drug Enforcement Agency has been tracking U.S. investments in the Canadian marijuana industry. When inquired by Reuters about the DEA’s view of U.S. investments in Canadian marijuana, spokesman for the DEA Robert Payne said that the agency is “most interested in those types of activities.” 

Author

Michael is a marketing and creative content specialist at GotVape.com with a primary focus on customer satisfaction. 

Invest In MJ Editor Notes:

The article above was provided by Michael and are his opinions from his research. The views expressed above are not necessarily the opinions of Invest In MJ and we suggest you conduct your own research and speak to your financial advisor as to the accuracy of the information contained in the article.

We at Invest In MJ are aware that the United States government still has cannabis as an illegal drug and that does bring lots of question and concerns for investor as to the legality of investing in the cannabis sector.  At the state level, cannabis companies are opening up and setting up shop, many of them looking north to Canada for raising capital.  While the DEA may be interested in activities in the cannabis space, they have yet to stop investment in the space. 

Many companies in Canada and the United States have raised capital from all around the world in record numbers; we do not think that trend will change.  The fact that no regulator has stopped the progress of capital raises or companies from trading on the exchanges should be kept in mind.  While some companies may not have business interest or operations in the US, many are moving forwards with their plans to enter the US market in States where cannabis is legal medically or recreational.

Please consult your financial and legal advisor before making any investment decisions.

The Liberal government will announce legislation next month that will legalize marijuana in Canada by July 1, 2018.

CBC News has learned that the legislation will be announced during the week of April 10 and will broadly follow the recommendation of a federally appointed task force that was chaired by former liberal Justice Minister Anne McLellan.

Bill Blair, the former Toronto police chief who has been stickhandling the marijuana file for the government, briefed the Liberal caucus on the roll-out plan and the legislation during caucus meetings this weekend, according to a senior government official who spoke to CBC News on condition of anonymity.

Bill Blair, parliamentary secretary to the minister of justice, briefed the Liberal caucus on new marijuana legislation, which leaves the provinces to decide how marijuana is distributed and sold, according to a senior government official. (Sean Kilpatrick/Canadian Press)

Provinces to control sales

The federal government will be in charge of making sure the country's marijuana supply is safe and secure and Ottawa will license producers.

But the provinces will have the right to decide how the marijuana is distributed and sold. Provincial governments will also have the right to set price.

While Ottawa will set a minimum age of 18 to buy marijuana, the provinces will have the option of setting a higher age limit if they wish.

4 plants per household

As for Canadians who want to grow their own marijuana, they will be limited to four plants per household.

Legalizing marijuana was one of the more controversial promises Justin Trudeau made as he campaigned to become prime minister.

But in their platform the Liberals said it was necessary to "legalize, regulate and restrict access to marijuana" in order to keep drugs "out of the hands of children, and the profits out of the hands of criminals."

The Liberals had promised to introduce legislation by the Spring of 2017. Announcing the legislation the week of April 10 will allow the party to hit that deadline.

Raids raise questions

Trudeau referred again to that rough timetable a few weeks ago when he said the legislation would be introduced before the summer. But at the same time he also warned that it wasn't yet open season for the legal sale of marijuana.

"Until we have a framework to control and regulate marijuana, the current laws apply," Trudeau said in Esquimalt, B.C. on March 1.

That warning became more concrete a week later, when police in Toronto, Vancouver and other cities carried out raids on marijuana dispensaries and charged several people with possession and trafficking, including noted pot advocates Marc and Jodie Emery.

Trudeau's promise to legalize marijuana was seen as one of the reasons for the Liberals' strong showing among youth voters in the 2015 election. 

But at the NDP's leadership debate in Montreal Sunday, which was focused on youth issues, several of the candidates pointed to marijuana legislation as an example of a broken Liberal promise.

"I do not believe Justin Trudeau is going to bring in the legalization of marijuana and as proof that ... we are still seeing, particularly young, Canadians being criminalized by simple possession of marijuana," said B.C. MP Peter Julian.

Federal marijuana legislation to be introduced in spring 2017, Philpott says

Original Article By David Cochrane, CBC News Posted: Mar 26, 2017 9:00 PM ET

A former Liberal cabinet minister who recently chaired a panel guiding Ottawa’s push to legalize cannabis says police everywhere should enforce the existing prohibition of marijuana, despite several communities in British Columbia choosing to regulate – not raid – illegal pot shops.

Anne McLellan, head of an official task force that submitted recommendations to Ottawa on how best to legalize cannabis, said Thursday that Vancouver crafted Canada’s first municipal marijuana bylaw in response to what was a “growing difficult situation for them.”

But the former minister of public safety, health and justice in the Liberal governments of Jean Chrétien and Paul Martin said other cities should not follow suit before the current laws change, echoing what the federal government has repeatedly said when asked about the rise of illegal dispensaries.

“Nobody would deny that there are some practical problems at street level, absolutely, nobody denies that,” said Ms. McLellan, who was in Vancouver speaking at Simon Fraser University’s downtown campus on the work the task force did last year.

“Cities should wait until the law changes instead of making their own rules now and hoping to adapt them to a federal framework later on,” she said. “I cannot advocate that anybody break existing laws. We are a nation of law-abiding citizens.”

Ottawa is expected to table legislation this spring that will legalize and regulate recreational marijuana over the next two years. While the stores are still illegal under federal law, they have proliferated in cities such as Vancouver and Victoria, where local politicians argue their rules can eventually be adapted to any national framework regulating the storefront sale of the drug.

All dispensaries and compassion clubs across Canada still operate outside the federal government’s medical-marijuana program, which permits about 30 industrial-scale growers to sell dried flowers and bottles of cannabis oil directly to patients through the mail.

The federal government has said its two core priorities behind legalizing the recreational sale of marijuana are: to keep the drug out of the hands of young people and to stop the flow of money to organized criminals involved in the production and sale of the drug on the black market.

Vancouver’s approach to regulating its dispensaries stands in stark contrast to Toronto’s, where police and politicians say a continuing crackdown has become more urgent as these pot shops have become a magnet for violent thieves because some owners are reluctant to report robberies.

Civic and provincial politicians across the country are waiting on the coming legalization bill to give some guidance as to where the drug may be sold once it is legalized.

Vancouver councillor Kerry Jang, architect of the local dispensary bylaw, said he was disappointed in Ms. McLellan and Ottawa’s rhetoric, noting they both appear to be eschewing the public-health approach of his city, and that of other communities in B.C. also licensing these illegal stores.

“It’s sort of like we’re in purgatory,” he said Thursday. “And when you’re in purgatory, it’s not about allocating our resources, it’s about advocating what’s right for our citizens – that’s what Vancouver has done.”

He said he wants Ms. McLellan to push federal ministers to implement the new legislation faster because local governments across the country are wasting millions of dollars containing the grey cannabis market.

“When it comes to resources, the federal government better provide good resources for us to help enforce and help manage what they want us to do,” said Mr. Jang, a clinical psychiatrist. “Otherwise, we’re going to be back to square one.”

The Union of B.C. Municipalities has long advocated that cities deserve to receive some of the eventual tax revenue from recreational cannabis sales if they are expected to enforce federal cannabis laws.

The federal Liberals have said any pot proceeds would be directed to addiction treatment, mental-health support and education programs, and that provinces and territories will also have a significant say in how cannabis revenues are spent. A recent study from the parliamentary budget watchdog predicted that about 60 per cent of marijuana taxation will flow to the provinces.

Ms. McLellan, now in the public-policy division of Bennett Jones, one of the Canada’s leading law firms operating in the cannabis sector, said different communities have different concerns about the drug, as evidenced by Toronto and Vancouver’s contrasting approach to dealing with illegal dispensaries.

Original article by: MIKE HAGER, VANCOUVER — The Globe and Mail. Published Thursday, Mar. 23, 2017 10:04PM EDT

The Drug Enforcement Administration (DEA) is proposing to adjust the established 2015 aggregate production quota for marijuana.  While marijuana is a scheduled I drug and the laws around it are enforced by the DEA, they do allow several government agencies and registered manufacturers to produce it for research and product development.

Registered manufacturers and the National Institute on Drug Abuse (NIDA) have requested a higher quota for production and supply of marijuana for 2015.  The previous 2015 established quote for marijuana was 125,000 g, and the new adjusted quota for 2015 is 400,000 g.

Highlights from the Federal Register Notice:

Background:

The DEA established the initial 2015 aggregate production quotas and assessments of annual need on September 8, 2014 (79 FR 53216). That notice stipulated that, as provided for in 21 CFR 1303.13, all aggregate production quotas and assessments of annual need are subject to adjustment.

Based on unanticipated medical, scientific, research, and industrial needs of the United States the DEA proposes to adjust the established 2015 aggregate production quotas for the schedule I and II controlled substances difenoxin, diphenoxylate (for conversion), and marijuana to be manufactured in the United States in 2015. The adjustment is necessary to provide for the estimated medical, scientific, research, and industrial needs of the United States, lawful export requirements, and the establishment and maintenance of reserve stocks.

In proposing the adjustment, the Administrator has taken into account the following criteria in accordance with 21 CFR 1303.13: (1) Changes in demand for the basic class, changes in the national rate of net disposal for the class, and changes in the rate of net disposal by the registrants holding individual manufacturing quotas for the class; (2) whether any increased demand or changes in the national and/or individual rates of net disposal are temporary, short term, or long term; (3) whether any increased demand for that class can be met through existing inventories, increased individual manufacturing quotas, or increased importation, without increasing the aggregate production quota; (4) whether any decreased demand will result in excessive inventory accumulation by all persons registered to handle the class; and (5) other factors affecting the medical, scientific, research, and industrial needs of the United States and lawful export requirements, as the Administrator finds relevant.

Analysis for Adjusting the Established 2015 Aggregate Production Quota for Marijuana:

Since the establishment of the initial 2015 aggregate production quotas, the DEA has received notification from DEA registered manufacturers that research and product development involving cannabidiol, is increasing beyond that previously anticipated for 2015. The associated product development activities are related to process validation and commercialization activities, including qualification activities related to potential U.S. Food and Drug Administration submission support.

Additionally, the DEA has also received notification from the National Institute on Drug Abuse (NIDA) that it required additional supplies of marijuana to be manufactured in 2015 to provide for ongoing and anticipated research efforts involving marijuana. NIDA is a component of the National Institutes of Health and the U.S. Department of Health and Human Services which oversees the cultivation, production and distribution of research-grade marijuana on behalf of the United States Government, pursuant to the Single Convention on Narcotic Drugs (March 30, 1961, 18 UST 1407).

The Administrator Michele M. Leonhart, therefore, proposes to adjust the 2015 aggregate production quotas for difenoxin, diphenoxylate (for conversion), and marijuana, expressed in grams of anhydrous acid or base.

You can read the full Notice by the DEA and provide your opinion as they are requesting comments.

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For a while now we have been excited about the legal Cannabis sector and the opportunities for investments seem endless.  Over a year ago, we started covering the marijuana sector at Invest In MJ and it has been interesting watching the politicians finally taking a serious look at their stance on marijuana.  

It wasn’t too long ago that marijuana was a taboo subject and that most politicians didn’t want to broach the subject let alone provide their stance or political views on it.   Most career politicians opposed the idea of marijuana legalization because it didn’t get them votes or the lobbyist were very successful in their efforts to keep  cannabis classified as a schedule I drug.  Without actually doing any real research on marijuana or seeking out the truth on its medicinal benefits, they still hold the notion that cannabis is a gateway drug and that it should remain illegal.  The ignorance in DC is astounding or its just plain criminal that they still want to maintain control over the masses by making a plant illegal.  However they are losing The War Against a Plant and the debate is about to heat up in 2015 and 2016.

In a recent article and poll posted on The Washington Post, we can clearly see that Weed is polling better than the entire field of candidates for the 2016 elections.  While Hillary Clinton and Jeb Bush may be the leading candidates when it comes to favourability ratings, medical marijuana is clearly the leader and recreational marijuana still beats out these contenders.  With over 80% in favor of medical marijuana and just over 50% for recreational, Ohio, Pennsylvania and Florida have spoken and they are more in favor of marijuana than they are of the various candidates.  If this poll of the three key swing states is any indications of what people want, I am sure US citizens would vote in favour of medical marijuana over any politician… that is if Med MJ was on the ballet.  

While the dysfunctional US gov’t may never address the real issues and problems it creates (endless wars, highest incarceration rate in the world, being a bankrupt country and the flaws of central banking), it may have to address marijuana as a Schedule I drug.  Obama has opened up the doors towards legalization and he recently commuted the sentences of 22 drug offenders which marks the largest of such “pot pardons” since he took office.  Obama had issued 21 commutations and 64 pardons over the course of his presidency while his predecessor George Bush commuted only 11 sentences.  The question is… will the new candidates close the doors on marijuana legalization once they get into power or leave it open and allow the masses to walk through without being criminalized.  

While medical marijuana will never be on the 2016 ballet (even though it should be since it is what people want); it sure will become one of most talked about topics in the coming years.  We believe medical marijuana will be one of the hottest topics of debate for this up and coming election. However, if we truly lived in a democratic world, we should be voting on topics that matter and what the people really want.  Instead we are stuck having to select one political party or another, both of which seek power to advance their master’s agenda and not addressing the wishes of the masses.

Should marijuana be legalized and would you vote for it?  Let us know what you think.

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