2019 CLFN Cannabis Report:

Survey and Engagement Results

&
Market Analysis

Prepared by:
INDsight Consulting
CONTENTS
CHAPTER 1 - BACKGROUND ............................................................................................................................................... 3

CHAPTER 2 - METHODOLOGY ............................................................................................................................................ 6

SURVEY .................................................................................................................................................................................... 6
EDUCATION AND COMMUNITY ENGAGEMENT SESSIONS..................................................................................................................... 6
MARKET ANALYSIS...................................................................................................................................................................... 6
FIRST NATIONS FRAMEWORK FOR A CANNABIS LAW ......................................................................................................................... 6

CHAPTER 3 - SURVEY AND FOCUS GROUP RESULTS ........................................................................................................... 8

SURVEY RESPONSE PROFILE ........................................................................................................................................................... 8
KNOWLEDGE OF CANNABIS ........................................................................................................................................................... 9
LEARNING ABOUT CANNABIS ....................................................................................................................................................... 10
SALE OF CANNABIS WITHIN CURVE LAKE FIRST NATION .................................................................................................................... 11
WHO SHOULD OPERATE A CANNABIS BUSINESS WITHIN CURVE LAKE FIRST NATION ............................................................................... 13
CANNABIS LAWS ....................................................................................................................................................................... 15
CANNABIS ENFORCEMENT .......................................................................................................................................................... 15
LOCATION OF A CANNABIS RETAIL STORE ....................................................................................................................................... 17
GROWING CANNABIS COMMERCIALLY ........................................................................................................................................... 18
CANNABIS FEES ........................................................................................................................................................................ 19
CANNABIS PROFITS ................................................................................................................................................................... 20
CANNABIS CONCERNS ................................................................................................................................................................ 21
BENEFITS VERSUS HARMS ........................................................................................................................................................... 22
OTHER COMMENTS ................................................................................................................................................................... 22

CHAPTER 4 - MARKET ANALYSIS ...................................................................................................................................... 23

REGULATORY ENVIRONMENT ...................................................................................................................................................... 23
INDUSTRY ENVIRONMENT .......................................................................................................................................................... 26
Consumer behaviour ....................................................................................................................................................... 28
Supply and demand ........................................................................................................................................................ 29
Pricing ............................................................................................................................................................................. 34
Salaries ............................................................................................................................................................................ 36
FIRST NATIONS APPROACHES TO INDUSTRY ................................................................................................................................... 37
First Nations in Ontario ................................................................................................................................................... 37
First Nations across Canada ............................................................................................................................................ 41
COMPETITOR ENVIRONMENT – EAST REGION ONTARIO ................................................................................................................... 44
First Nations .................................................................................................................................................................... 45
Non-Indigenous providers ............................................................................................................................................... 45

CHAPTER 5 - CANNABIS LAWS: A COMPARATIVE ANALYSIS ............................................................................................. 48

KEY HIGHLIGHTS....................................................................................................................................................................... 49
Inherent jurisdiction ........................................................................................................................................................ 49
Regulations, enforcing and administering the cannabis laws ........................................................................................ 49

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 Age .................................................................................................................................................................................. 49
Application and fees........................................................................................................................................................ 50
First Nations community fees ......................................................................................................................................... 51
Pricing ............................................................................................................................................................................. 52
Fines for violation of First Nations Cannabis Laws .......................................................................................................... 52
Record keeping................................................................................................................................................................ 53
Review of respective laws ............................................................................................................................................... 53

DISCUSSION ..................................................................................................................................................................... 54

APPENDIX A: SURVEY ...................................................................................................................................................... 57

APPENDIX B: AUTHORIZED LICENSED CULTIVATORS, PROCESSORS AND SELLERS UNDER THE CANNABIS ACT IN
ONTARIO ......................................................................................................................................................................... 66

APPENDIX C: FIRST NATIONS CANNABIS LAW FRAMEWORK: COMPARATIVE ANALYSIS .................................................. 68

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CHAPTER 1 - BACKGROUND
In October 2018 federal legislation came into effect that made the production, distribution, sale and possession
of cannabis legal in Canada. The Cannabis Act, which is subject to provincial or territorial restrictions, allows for
adults who are 18 years of age or older to legally:

 possess up to 30 grams of legal cannabis, dried or equivalent in non-dried form in public

 share up to 30 grams of legal cannabis with other adults

 buy dried or fresh cannabis and cannabis oil from a provincially-licensed retailer. In provinces and
territories without a regulated retail framework, individuals are able to purchase cannabis online from
federally-licensed producers

 grow, from licensed seed or seedlings, up to four cannabis plants per residence for personal use

 make cannabis products, such as food and drinks, at home as long as organic solvents are not used to
create concentrated products1

 Cannabis edible products and concentrates will be legal for sale approximately one year after the
Cannabis Act comes into force on October 17th, 2018.2

In Ontario, the Conservative government passed Bill 36, the Cannabis Statute Law Amendment Act, 2018 on
October 17, 2018. The legislation amends the Cannabis Act, 2017 (now named the Cannabis Control Act, 2017),
the Ontario Cannabis Retail Corporation Act, 2017, the Liquor Control Act and the Smoke-Free Ontario Act,
2017 as well as making a consequential amendment to the Highway Traffic Act. Some of the highlights,
according to Osler, Hoskin & Harcourt LLP, of the new legislation include:

 Changes for the Ontario Cannabis Retail Corporation (OCRC): The OCRC will be granted the exclusive
right to sell cannabis in Ontario online but is expressly prohibited from operating retail stores directly
or indirectly. Instead, retail stores will be privately operated. The OCRC will also have the exclusive
right to sell cannabis in Ontario to a retail store for resale.

 Licensing scheme: The Cannabis Licence Act, 2018 sets out the licensing scheme for private cannabis
retail stores and will be administered by the Alcohol and Gaming Commission of Ontario (AGCO), the
regulatory body for the adult-use cannabis market.

 Licences and authorizations: In order to operate a cannabis retail store, an individual must apply for
and be granted both a retail operator licence and a retail store authorization. A separate authorization
is required for each store and permits the holder to sell only cannabis purchased directly from the
OCRC and any other prescribed items.

1
Government of Canada, the Cannabis Act, 2018. Available at https://www.justice.gc.ca/eng/cj-jp/cannabis/
2
Ibid.

3
During the first full year of legalization, sales have not met analyst’s expectation. For the year ending
September 2019, total Canadian sales were $907 million, 84 percent lower that initial projections. In
Ontario sales were $216.8 million, fully 77 percent lower that expected. The reason for these sluggish
numbers, particularly in Ontario, include limited supply; limited number of retail outlets – 24 currently
in all of Ontario; barriers to opening, including capital, lease location, banking system, and high cost of
fines for failing to open on time; and retail prices for cannabis: $10 per gram in ON vs. $5.50 gram on
the black market.
On December 12, 2019 Ontario stated it would be removing the temporary cap on the number of private
cannabis stores in the province and eliminating pre-qualification requirements for prospective retailers. Other
amendments include:

 Increasing the ability of licensed producers to participate in the retail market and allowing them to
open a store at one of their facilities.

 Phasing in limits on the number of authorized stores a licence holder can have, to ensure fair access for
retailers while creating medium and long-term market certainty.

 Enabling retailers to sell additional cannabis-related items such as cannabis-related magazines and
cookbooks.

The new rules limit retail operators to own a maximum of 10 stores currently, a cap that will increase to 30 by
Sept. 2020 and 75 by Sept. 2021, giving cannabis retail chains an opportunity to significantly expand their
footprint in Ontario. The AGCO will begin accepting operator licence applications from prospective retailers on
January 6, 2020, followed by store authorization applications on March 2, 2020. The Bank of Montreal
estimates that current industry sales volumes could increase by 35 per cent based on 325 stores in 2020 under
the new rules

When it comes to First Nations jurisdiction over the production, distribution, and sale of cannabis, there
remains a legal grey area and considerable ambiguity that has largely been ignored. Aside from the December
2016 Report of the federal task force on legalization of cannabis in Canada3 there has been little consultation
with First Nations on the design of the Cannabis Act, how First Nations will be impacted by legalization, profit
sharing, and how First Nations can regulate and benefit cannabis in their territories. Given the fiduciary and
Constitutional responsibilities of the federal government respecting First Nations, this is a considerable
oversight and missed opportunity for reconciliation, and to support First Nation jurisdiction and right to self-
determination.
Many First Nations have taken it upon themselves to begin educating and engaging their citizens around the
benefits and harms associated with cannabis in general, and around the production, distribution, sale and
regulation of cannabis specifically. Moreover, many First Nations are exercising their inherent jurisdiction by

3
Government of Canada, 2016, A Framework for the Legalization and Regulation of Cannabis in Canada: Final Report of
the Task Force on Cannabis Legalization and Regulation. Available at https://www.canada.ca/content/dam/hc-sc/healthy-
canadians/migration/task-force-marijuana-groupe-etude/framework-cadre/alt/framework-cadre-eng.pdf

4
drafting their own cannabis laws and regulations.4 Indeed, many First Nations see the sale and regulation of
cannabis not only as an economic opportunity, but also as an opportunity to correct the mistakes of tobacco
sales on reserve where smoke shack retailers are largely unregulated and contribute little to the social and
economic of health of communities.
In Ontario, the Cannabis Statute Law Amendment Act, 2018 does allow for Bands and First Nation individuals to
apply for a retail licence. However, a retail store authorization may not be issued unless the Band Council has
approved the location of the proposed retail store on the reserve. Moreover, a Band Council may request that
the AGCO Registrar not issue retail store authorization for cannabis retail stores to be located on the reserve.
The Registrar must comply with such a request, as well as with any future request to amend or rescind the
original request. The AGCO is also required to publish a list of First Nations that prohibit cannabis retail stores.5
In order to “formulate an official position on the sales of cannabis,”6 Curve Lake First Nation (CLFN) contracted
INDsight Consulting to engage on- and off-reserve community members in:

• education and discussion sessions about cannabis; and,

• a survey that would enable community members to provide their views on the sale of cannabis within
the First Nation.

Curve Lake also requested an overview of the market for cannabis sales and a review of First Nations cannabis
laws which could inform their work.
This report provides Curve Lake with the following

• the results of the survey and the education and discussion sessions;

• an overview of the market for cannabis sales; and

• a First Nations framework for consideration in the development of a cannabis law.

This report summarizes the survey results, focus group participants’ feedback, market analysis, and the
comparative review of the First Nations cannabis laws. The aim of this report is not to provide a series of
recommendations or a proposed course of action, but rather to provide CLFN leadership with the information
necessary to chart their next steps. As such, no recommendations have been proposed, but the information
contained herein does provide some clear direction based on community feedback that can offer a framework
for next steps in the discussion.

4
A number of First Nations across Canada have developed their own laws and regulations around the production,
distribution, sale and possession of cannabis, including: Six Nations of the Grand River, Kwaw-Kwaw-Apilt First Nation,
Muscowpetung First Nation, and Kahnawake.
5
Ontario, Ministry of the Attorney General, 2018, Cannabis Statute Law Amendment Act, 2018 [Press release]. Available at
https://news.ontario.ca/mag/en/2018/09/cannabis-statute-law-amendment-act-2018.html
6
Curve Lake First Nation, Request for Proposal, p. 3.

5
CHAPTER 2 - METHODOLOGY
SURVEY
A survey was developed to allow both on- and off-reserve members to provide their feedback on cannabis in a
confidential way. They survey included forced choice and open-ended questions and was available online to all
members age 16 and older from August 13 to October 4, 2019. The survey was promoted via the CLFN
newsletter, website, and Facebook and Instagram accounts. A total of 222 CLFN members completed the
survey. Forced-choice data was analyzed via descriptive statistics such as proportions. Open-ended survey
responses were analyzed into relevant themes based on frequency of occurrence. Finding from the survey
follow below.

EDUCATION AND COMMUNITY ENGAGEMENT SESSIONS

Three educational workshops were also held with members of CLFN on September 26, 2019. The purpose of
the workshops was to provide community members with accurate, relevant, and up-to-date information on the
health, employment, economic development, and financial benefits and drawbacks associated with cannabis
legalization generally, and the sale of cannabis in First Nations specifically. Following the educational
workshops - which were held with business owners (N=8), Elders (N=5) and community members (N=10) -
focus groups were held with workshop participants to gather their feedback on the sale of cannabis in CLFN.
Focus group questions mirrored the survey questions.

MARKET ANALYSIS
The market analysis included a review of federal and provincial regulations, business research reports, media
reports, and data provided by Statistics Canada about cannabis. The challenge with this analysis is that the
industry is young and rapidly changing and expected to continue to do so.

FIRST NATIONS FRAMEWORK FOR A CANNABIS LAW

An electronic search was conducted between July 29 and August 1, 2019 which used two methods to identify
cannabis laws adopted by First Nations. The first method used Google to search the terms “First Nations” and
“cannabis laws”. The second method used Google’s web search engine to search specific First Nations websites
(e.g., Cheam First Nation, Kwaw-kwaw-a-pilt First Nation,7 Siksika Nation, Six Nations of the Grand River, etc.)
to determine if their cannabis law could be accessed.
The search found three First Nations whose cannabis law is publicly available in its entirety. Those First Nations
were

7
Kwaw-Kwaw-Apilt council, under its land code, passed a cannabis law allowing a medical marijuana outlet to operate
within its territory. See https://www.thecannabischannel.ca/author/jean-sorensen/first-nations-say-land-title-gives-rights-
to-cannabis-use-and-sales-13649/

6
  Muscowpetung Saulteaux Nation

 Gichi-Naaknigewin Nipissing First Nation

 Kahnawà:Ke

The search also yielded information about other First Nations who have passed a cannabis law. For instance,
the Mississaugas of the Credit First Nation (MCFN) Council approved their Cannabis Control Law in March 2019.
The MCFN Cannabis Law in its entirety is not available (i.e., general search or through their website), although
they have provided an overview (public notice) about the law to community members.8 Kwaw-kwaw-a-pilt First
Nation, Siksika Nation, Six Nations of the Grand River, and Akwesasne9 have approved a cannabis law within
their respective territory, although their laws are not available through a general or specific website search.

8
See http://mncfn.ca/wp-content/uploads/2019/03/cannabis-law.pdf
9
Akwesasne passed the Akwesasne Interim Cannabis Regulation. Akwesasne offers a unique environment bordering
Ontario, Quebec and the United States. Seven Leaf, licensed under Health Canada, cannot sell its products to other than
licensed retailers. This includes not offering the product for sale to community members.

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CHAPTER 3 - SURVEY AND FOCUS GROUP RESULTS
SURVEY RESPONSE PROFILE
The survey was completed by 222 Curve Lake First Nation members (i.e., survey respondents). The survey was
fully completed by 202 respondents with a further 20 surveys that completed at least a portion of the survey.
The survey was completed by more females than males and two spirited or other gender as shown below. 10

Two spirited or Gender

other gender 2%

Male
Female 39%
60%

The survey was completed by all age groups though with relatively fewer people age 24 and under and age 65
and older.

Age

16 to 24 7%

25 to 34 24%

35 to 44 16%

45 to 54 23%

55 to 64 22%

65 and older 8%

0% 5% 10% 15% 20% 25% 30%

10
Please note that the percentages do not add to 100% due to rounding error.

8
Just over one-half of respondents lived on reserve and just over one-half lived off reserve.

Residence

Off reserve On
46% reserve
54%

KNOWLEDGE OF CANNABIS
A majority of survey respondents felt they knew either “a lot” about the benefits and harms of cannabis with
the remainder knowing “a little.” No respondents chose “none” or “not sure.”

Knowledge of the benefits and harms of cannabis

Not sure 0%

A lot 58%

A little 42%

None 0%

0% 10% 20% 30% 40% 50% 60% 70%

9
Survey respondents indicated they knew most about health and about mental health and addictions. However,
the differences in self-rated knowledge on the various areas was fairly similar (at least 89% felt they knew “a
little” or “a lot” about each area).

Knowledge of specific benefits and harms of cannabis

Mental health and addictions 43% 51%

Health 41% 56%

Legal and regulations 50% 39%

Social aspects 41% 49%

Community safety 46% 43%

Economic development and jobs 47% 43%

Education 49% 40%

0% 20% 40% 60% 80% 100%

Not sure None A little A lot

LEARNING ABOUT CANNABIS

The survey asked those who wanted to know more about cannabis their learning preferences. About two-
thirds wanted to know more about cannabis.

Interested in knowing more about cannabis?

Yes 68%

No 17%

Not sure 15%

0% 10% 20% 30% 40% 50% 60% 70% 80%

10
There was no single preferred way to learn more about cannabis with roughly half choosing each of the three
options shown in the chart below (respondents could choose as many options as they wished). There were a
few suggestions for other ways to learn about marijuana (besides those included in the chart below) from 1 or
2 survey respondents including via webinar, via video, from a doctor, from a supplier, from an industry expert,
from a medical marijuana user, via email, books,

Preferred ways to learn more about cannabis?

In person community education sessions 45%

Curve Lake First Nation website 56%

Booklet or brochure 46%

Other 12%

0% 10% 20% 30% 40% 50% 60%

SALE OF CANNABIS WITHIN CURVE LAKE FIRST NATION

There was more support for the sale of medical cannabis (78%) than recreational cannabis (67%) although at
least two-thirds agreed with the sale of both types.

Should recreational cannabis be sold within Curve Lake

First Nation?

Yes 67%

No 21%

Not sure 12%

0% 10% 20% 30% 40% 50% 60% 70% 80%

Most focus group participants also stated that they support the sale of cannabis within CLFN, so long as it is
regulated, provides employment opportunities and financial benefits to community and its members. Among
the focus group participants, Elders were more likely to be cautious about getting involved with cannabis,
largely because many were unaware of the benefits and harms associated with cannabis, but also because of
the addiction issues faced by the community.

11
 Should medical cannabis be sold within Curve Lake First
Nation?

Yes 78%

No 11%

Not sure 11%

0% 10% 20% 30% 40% 50% 60% 70% 80% 90%

Survey respondents were asked the reason for their answer as to whether recreational cannabis should be sold
on Curve Lake First Nation in an open-ended question (where respondents typed their answer in their own
words). The most common reasons for a “no” answer (or negative reasons with a “not sure” answer) were as
follows:

 Drawing outside people on reserve (who may bring problems) (13 survey respondents)

 Already have a drug problem in community (10)

 Crime or community safety issues (8)

 Negative social impacts, causes trouble (5)

 Addictions (5)

 Accessible by youth (4)

 Lead to other/harder drug use (4)

The most common reasons for a “yes” answer (or positive reasons with a “not sure” answer) were as follows:

 Economic benefits, jobs, and revenue for community (though many felt that the benefits should be
shared with everyone not just individuals running business) (62 survey respondents)

 It is already available and being used (27)

 Legal marijuana is safer than street drugs (due to being laced with other drugs) and buying from an
illegal drug dealer (25)

 It is legal (16)

 Yes, but need or depends on regulations and policies (13)

 Legal marijuana is not as addictive or has fewer harms than cigarettes, alcohol, opioids, and/or
prescription drugs (7)

 Yes but need to restrict access by youth (5)

12
Similarly, survey respondents were also asked the reason for their answer as to whether medical cannabis
should be sold on Curve Lake First Nation in an open-ended question (where respondents typed their answer in
their own words). Most of the answers were the same as noted above for recreational cannabis; therefore,
only new answers specific to medical marijuana are presented here. The most common reason for a “no”
answer (or negative reason with a “not sure” answer) was:

 Medical cannabis should NOT be sold within Curve Lake Frist Nation as it can already be bought
elsewhere or online ( 7 survey respondents)

The most common reasons for a “yes” answer were as follows:

 Health benefits such as pain management (35 survey respondents)

 Safer, natural alternative to opioids, etc. (23)

 Easier access/less driving for those that need medical cannabis within the community (19)

WHO SHOULD OPERATE A CANNABIS BUSINESS WITHIN CURVE LAKE FIRST NATION
Among survey respondents there was no one clear choice as to who should operate the cannabis business, as
32% chose a combination of options and 28% chose the Curve Lake First Nation (see chart below). There was
almost no support for an outside firm the operate a cannabis business on their own. There were a few other
suggestions for operating the cannabis business by one, two, or three respondents per suggestion, including:

 CLFN if use of monies is predetermined

 CLFN or economic development corporation but not an entrepreneur

 CLFN plus other private entrepreneurs

 Not existing community entrepreneurs

 Community corporation with shares to community members

 Community entrepreneur not outside entrepreneur or CLFN or economic development

corporation

 Whoever sells it, it must be done responsibly (no selling to minors, knowledgeable staff,
transparent, environmentally responsible, etc.)

 Whoever sells it, it will require a lot of work to build the capacity to deliver the products

Four survey respondents answered not to sell marijuana (some felt this was a leading question though the
question was prefaced by, “If cannabis will be sold”).
If the Curve Lake First Nation operates the business, almost one-half (42%) thought it should partner with an
experienced cannabis firm while 24% did not and many (34%) were not sure (data not shown).

13
 Who should operate the cannabis business?

Curve Lake First Nation 28%

Curve Lake Economic Development
12%
Corporation
Community entrepreneurs 13%

An outside firm 2%

A combination of the other options 32%

Other 8%

Not sure 6%

0% 5% 10% 15% 20% 25% 30% 35%

The survey results are similar to the feedback received during the focus groups wherein there was a divergence
of opinions as to who should/could operate a cannabis business. Among the business community, participants
felt that CLFN should largely regulate the cannabis market but allow individual members and business owners
to operate the businesses. Business owners largely felt that CLFN should develop its own regulatory regime for
business owners to follow, but that the private members would be the ones operating the businesses.
Conversely, most Elders and community members stated that CLFN or a community-run and controlled entity
should be on the only organization overseeing the regulation, cultivation and sales of cannabis in the
community. A community entity such as a development corporation was seen as preferential since the
employment and economic benefits realized from the sales of cannabis would flow back into the community.

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CANNABIS LAWS
About two-thirds wanted Chief and Council to develop cannabis laws as shown in the following chart.

Should Chief and Council develop cannabis laws?

Yes 65%

No 19%

Not sure 16%

0% 10% 20% 30% 40% 50% 60% 70%

There were few (22) comments about development of laws in an open ended question. The most common
responses were grouped as follows:

 Should adopt/match existing laws, laws from other reserves, or provincial laws provincial laws, or
existing laws are sufficient (5 survey respondents)

 Chief and council are not qualified to develop/enforce marijuana laws (one respondent suggested
using outside expertise and one respondent felt CLFN should not waste money on consultants) (4)

 The community should develop laws (based on community principles or community members
should develop laws) (4)

 Need policies or bylaws (4)

 Laws must be developed in a timely manner (yesterday) and not slow down business opportunities
(3)

Among focus group participants nearly everyone was supportive of CLFN developing its own rules, regulations
and licensing scheme around the cultivation and sale of cannabis. There was little support for adopting
provincial rules and regulations because, as one member stated, “I would like to see our community be self-
determining, and in order to do that we need to develop our own laws. ”

CANNABIS ENFORCEMENT
Survey respondents provided suggestions for enforcement via an open-ended question. The most common
suggestions for who should enforce the laws and bylaws were:

 Anishinabek Police Services (11 survey respondents)

 Police generally (7)

15
  Hire more/better police, add patrols, locate retail marijuana near police (6)

 Chief and council/CLFN (4)

 Assess how other First Nations/communities enforced marijuana laws (3)

 Bylaw officers (3)

 Private security (3)

 Not provincial enforcement, OPP, or 'white' cops (2)

 OPP (2)

 RCMP (2)

Survey respondents also provided suggestions for enforcement priorities via an open-ended question (typed in
their own words). The most common suggestions were:

 Minimum age/prevent provision to minors (25 survey respondents)

 Education with, instead of, or before enforcement (7)

 Impaired driving (7)

 No public use or use in specific areas such as near schools (5)

 Limit purchase amounts (5)

 Same enforcement approach as alcohol and/or cigarettes (4)

 Hard drugs should be priority not legal cannabis (4)

Focus group participants also offered a number of similar suggestions around how and who could enforce
cannabis rule and regulation in CLFN. Participants suggested that a licensing and standards office be
established, similar to the Alcohol and Gaming Commission of Ontario, to ensure compliance with the
regulations. This office would employ health and safety inspectors who would monitor the businesses and
ensure laws and bylaws are being adhered to. Of course, CLFN leadership would have ultimate jurisdiction over
the whole cannabis regime within the community, with criminal matters being addresses by the Anishinabek
Police Services.

16
LOCATION OF A CANNABIS RETAIL STORE
Survey respondents were asked, if cannabis will be sold, where a cannabis retail store should be located. There
was no clear preference as shown below. There were no common ‘other’ responses provided in an open-ended
question except 10 survey respondents noted it should not be on reserve or as far from reserve as possible (did
not agree with sale on reserve). Note: The question was prefaced with, “if cannabis will be sold.”

Location of a retail cannabis business

Near other Curve Lake businesses 33%

Near the entry to Curve Lake to prevent

52%
outsiders driving through our community

NOT near schools or recreational areas for

53%
children and youth

NOT near traditional areas 45%

Other location 14%

0% 10% 20% 30% 40% 50% 60%

Focus Group participants had very similar responses to survey respondent. Most participants stated that if
cannabis is going to be sold in CLFN then it should be sold near the entrance to the community. The main
reasons given for housing retail stores near the entrance is to limit the amount of traffic passing through the
community which could pose an increased danger to pedestrians, and to limit cannabis exposure to children in
the community. As one Elder stated, “children need a place where they can grow and learn and not be exposed
to those types of things.” Although most focus group participants were supportive of the economic opportunity
cannabis can bring, they were also cognizant of the safety issues that can follow. Ensuring community safety
was a primary concern in siting location for cannabis cultivation and sales.

17
GROWING CANNABIS COMMERCIALLY
About two-thirds felt cannabis should be grown commercially in Curve Lake First Nation (for sale to other
cannabis businesses).

Should cannabis be grown commerically?

Yes 65%

No 15%

Not sure 20%

0% 10% 20% 30% 40% 50% 60% 70%

Survey respondents were asked the reason for their answer as to whether cannabis should be grown
commercially on Curve Lake First Nation in an open-ended question (where respondents typed their answer in
their own words). The most common reasons for a “no” answer (or negative reasons with a “not sure” answer)
were as follows:

 Crime or community safety issues or concerns about the security of the operation (10 survey
respondents)

 A variety of ways to say not to be involved (don’t sell it; stay away from it; don't want it in
community; there are other, more important community issues; there are better products and
businesses to be involved in) (9)

 Concerns about water management (4)

 Concerns about land use or availability (3)

Some (6) of those who answered ‘no’ or ‘not sure’ did note the economic benefits or noted that entrepreneurs
were already allowed to do this within the community.
The most common reasons for a ‘yes’ answer (or positive reasons with a ‘not sure’ answer) were as follows:

 Economic benefits and revenue for community (though many felt that the benefits should be
shared with everyone not just individuals running business) (88 survey respondents)

 Control the marijuana supply and avoid illegal sources (for retail operation) (11)

 Educational benefits or a learning experience about marijuana (6)

 Yes, but need or depends on regulations and policies (4)

18
CANNABIS FEES
Somewhat surprisingly, only 59% felt that Chief and Council should charge an additional fee on the sale price of
cannabis that would come back to the community, while 22% did not, and some (19%) were not sure (data not
shown). When asked for comments about this question, a variety of responses were received. The most
common responses included:

 Additional fees (or revenues/profits from a CLFN operated marijuana business) should go back to
community members or benefit the community generally or in specific areas (34 survey
respondents)

 Should be profits not an additional fee if CLFN operates it or there should be no additional fees
generally, on medical marijuana, or no fee on Indigenous customers (11)

 Additional fees will increase the sale price and drive people to other sellers (retailers outside CLFN
and/or black market) (10)

 CLFN should not sell marijuana due to negative impacts, more important issues to focus on, etc. (9)

 The amount of money generated and/or how that money is used should be monitored and/or
transparent (7)

 The approach to additional fees should be the same for marijuana as for cigarettes, gas, and/or
other businesses (6)

o There was a related discussion by a few of these respondents that the sale of gas and
cigarettes were not contributing to CLFN funds, but a few other respondents felt
private businesses were generating revenue, jobs, etc.

 There will be costs associated with the sale or impacts of marijuana or a downward pressure on
prices and therefore it may be difficult to profit from retail marijuana (3)

 There were concerns over Council’s capacity to manage or deal with marijuana sales (3)

Among focus group participants almost everyone agreed that either a fee should added on to the sale price of
cannabis, a proportion of sales be retained by CLFN, or profits be used to provide a benefit to members and
support community priorities. Regarding a proportion of sales retained, this recommendation was proposed by
members of the business community who suggested that a percentage of profits – approx. 20 percent – be
given to CLFN to fund community priorities. This was proposed because it was the ‘right thing to do’ to give
back to the community.

19
CANNABIS PROFITS
The most popular option for spending cannabis money was mental health and addictions services though there
was support for many other spending options (respondents could choose as many options as they wished).

How cannabis money (profits, taxes, etc.) should be used

Education 54%

Child and youth programs 54%

Mental health and addictions services 62%

Other health services 40%

Recreational facilities and programs 48%

Cultural programs 37%

Economic development and jobs 51%

Sharing cannabis money with all
40%
community members
Other health services 16%

Not sure 6%

0% 10% 20% 30% 40% 50% 60% 70%

Other responses typed in their own words included more detail on the uses included in the chart above. The
most common other suggestions for use of cannabis money in their own words included:

 Infrastructure (7 survey respondents)

 Should not be involved in cannabis (6)

 Seniors and/or persons with disabilities complex/home/residences (3)

 Include off reserve in any uses of money (3)

 Buy land (2)

 Reduce reliance on government funding (2)

20
Focus group participants were equally in agreement that profits should be used to support community
priorities. Overall, participants want funds to enhance personal, family and community mental health and well-
being, while also supporting community infrastructure and youth and Elder programming.

CANNABIS CONCERNS
Survey respondents were asked about concerns with cannabis being sold in Curve Lake First Nation
(respondents could choose as many concerns as they wished). The most frequent concerns chosen were effects
on children and youth, crime and safety, and ability to enforce laws. The least frequently chosen concerns were
about investments required and financial risk. In an ‘other’ open-ended question, 13 survey respondents
indicated they had no concerns and 3 survey respondents had issues with the question wording such as use of
term “outsiders.” No other concerns were mentioned by more than 1 respondent.

Cannabis concerns

Effects on children and youth 47%

Effects on mental health and addictions 38%

Effects on health 21%

Effects on culture 19%

Ability to enforce laws 43%

Outsiders entering the community to buy
31%
cannabis
Crime and safety 46%

Traffic 36%

Up front investment required 12%

Financial risk to Curve Lake First Nation 13%

Other concerns 14%

0% 10% 20% 30% 40% 50%

Focus group participants shared similar concerns to survey respondents regarding the sale of cannabis in CLFN.
The majority of responses given includes increased traffic on roadways, undesirables entering the community,
increased access to and availability of drugs, and the prevalence of addiction and mental health issues already
in the community that are not being addressed.

21
BENEFITS VERSUS HARMS
Most (70%) felt there were more potential benefits of cannabis than potential harms while only 13% felt there
were not (and 17% were not sure).

Do you believe there are more potential benefits of

cannabis than potential harms?

Yes 70%

No 13%

Not sure 17%

0% 10% 20% 30% 40% 50% 60% 70% 80%

OTHER COMMENTS
A final survey question asked for any other comments in an open-ended question (typed in their own words).
Many responses repeated the responses in other questions. A number of respondents repeated their
opposition to cannabis sales in CLFN for reasons already describe above and a number of respondents
repeated their wish to proceed and the benefits of proceeding. A few new comments not contained in the
responses to other survey questions that were mentioned by at least 3 survey respondents included:

 Be bold; take the first step; move forward quickly; take the opportunity (10 survey respondents)

 Leaders need to make decision (5)

 Concerns about the survey such as not asking for names/status numbers to ensure members filled
it out, asking if members lived on or off reserve, sucks, or didn’t ask the right questions (5)

 This is a way for CLFN to be self-sustainable and avoid reliance on government (3)

22
CHAPTER 4 - MARKET ANALYSIS
The market is rapidly growing and changing, presenting opportunities and risks for businesses. Some key
considerations for new entrants include selecting the distribution channel(s); ensuring product variety and
quality; maintaining competitive pricing; managing investments, inventory and operations; and hiring and
retaining knowledgeable staff to assist customers. This section offers an overview of the regulatory and
industry environment, First Nations approaches to the industry, and the competitive environment in the
eastern region of Ontario. The opportunities and risks within the cannabis market are addressed within the
section on Discussion.

Key points

 First Nations intend government-to-government relationships as equal players in the

cannabis market.

 First Nations are using land codes as a tool to assert their inherent rights and obtaining
legal advice to build their respective cannabis law.

 Market analysts are optimistic about the growth of the market for cannabis in Canada.
The slow rollout of operations and products have hindered market conditions.

 First Nations are taking different approaches to the opportunities that legalization
presents.

 Competitive advantage means ensuring product variety and quality; maintaining

competitive pricing; managing investments, inventory and operations; and retaining
knowledgeable staff to assist customers.

REGULATORY ENVIRONMENT
An overview of the current regulatory environment follows. The next section provides a preliminary review of
three cannabis laws adopted by First Nations. These laws are compared with those of the governments of
Canada and Ontario. The information in both sections is not intended as a legal analysis, and legal opinion(s)
should be sought to add further depth and breadth to this discussion.
In Canada, the Cannabis Act distinguishes between the roles of federal and provincial government. The federal
government is responsible for “licensing of medical cannabis outlets, cultivation and production through Health

23
Canada regulation,”11 while the province statutes govern “retail outlets and personal use falls under provincial
statutes.”12 Hilary Sledge-Sarnor (2019, July 19) indicates that
Canada became the first major world economy to legalize recreational marijuana in October of 2018.
The Cannabis Act and accompanying regulations in Canada establish a licensing regime governing
cultivation, processing, testing, drug products, and research. There are strict rules governing operations
of cannabis businesses in Canada, and each province creates its own regulatory regime governing
MRBs. Certain provinces permit privately owned stores and online sales (Saskatchewan and Manitoba);
some permit privately owned stores with publicly managed online sales (Alberta, Ontario); others allow
both private and publicly owned stores (British Columbia, Newfoundland, Yukon, and Nunavut); and
the largest subset permit only publicly owned stores (Quebec, New Brunswick, Nova Scotia, Prince
Edward Island, and the Northwest Territories).13
The federal and provincial regulations do not acknowledge a government-to-government relationship with First
Nations. While some discussions are in underway, First Nations have not been consulted nor are they
participating in revenue sharing. First Nations are responding by asserting their jurisdictional rights. Chief Bob
Chamberlin, a member of Kwikwasut’inuxw Haxwa’mis, says that
the BCAFN is adhering to the United Nations Declaration on the Rights of Indigenous Peoples with
Article 23, which gives the Indigenous people the right to be involved in developing and determining
health, housing, economic and social programs and administer those programs through their own
institutions.14
First Nations are using a federally granted land management tool – land codes15 – to assert these inherent
rights, and obtaining legal advice to build their respective cannabis law. A British Columbia court recently

11
See First Nations say land title gives rights to cannabis use and sales in Business Law Today by Jean Sorensen, October
29, 2018 available at https://www.canadianlawyermag.com/legalfeeds/first-nations-say-land-title-gives-rights-to-
cannabis-use-and-sales-16411/
12
Ibid.
13
See Cashing In on Cannabis: Current Issues in Financing, Operations, Banking, and Regulations in the Cannabis Industry,
and a Comparative Analysis of the U.S. and Canadian Landscapes in Business Law Today, by Hilary Sledge-Sarnor, July 19,
2019, para 6. Available at https://businesslawtoday.org/2019/07/cashing-cannabis-current-issues-financing-operations-
banking-regulations-cannabis-industry-comparative-analysis-u-s-canadian-landscapes/
14
Jean Sorensen, para. 8.
15
The federal First Nations Land Management Act “allows First Nations to opt out of 32 sections of the Indian Act relating
to land management and develop their own laws for reserve lands in a land code. FMLM Act draws its power from the
1996 Framework Agreement on First Nations Land Management setting out the rights to develop laws. The code deals
with land management, the environment, natural resources and economic development opportunities within the land
management powers” (Sorenson, 2019, October 29, para. 10).

24
upheld Comox-based K’ómoks First Nation land code when it affirmed the rights of the Nation and ordered the
removal of trespassers.16
The Muscowpetung First Nation, who operate a cannabis retail outlet without a Saskatchewan permit, filed a
statement of claim in Regina Court of Queen’s Bench challenging federal and provincial interference with their
inherent jurisdiction and right to regulate cannabis within their Nation.17 The Chief Bobby Cameron of the
Federation of Sovereign Indigenous Nations (FSIN), which represent 74 First Nations in Saskatchewan,18
indicated that “The provincial government has no business or jurisdiction on this matter and once again,
Saskatchewan will face more legal battles if they choose to violate those inherent and treaty rights.”19 Zagime
Anishinabek (formerly Sakimay First Nation) subsequently opened a medical cannabis dispensary within their
territory under their own law and regulations. Chief Lynn Acoose indicated “we’re in discussion with the
federal government on ways that we can carve out a different legislation for First Nations who want to operate
outside of the provincial regulatory regimes.”20
First Nations have not been included in revenue sharing from taxation although consultations support revenue
sharing by “all levels of government”21
There was also strong agreement among stakeholders in law enforcement and health, and among local
governments that cannabis taxation revenues should be shared by all levels of government to address
health and social problems related to drug use. Revenues can be directed away from criminal
enterprises towards harm reduction, public awareness, appropriate enforcement, treatment programs
and research.22

16
For more information see
https://www.canlii.org/en/bc/bcpc/doc/2018/2018bcpc114/2018bcpc114.html?resultIndex=2
17
See Saskatchewan First Nation files claim in court over cannabis dispensary, CBC News, by Stephanie Taylor, February
28, 2019, available at https://www.cbc.ca/news/canada/saskatchewan/muscowpetung-first-nation-files-claim-cannabis-
1.5037825
18
For more information see https://www.first-nations.info/federation-sovereign-indigenous-nations.html
19
FSIN threatens province with legal action over Sask. First Nations cannabis rights, Global News, by David Giles,
November 15, 2018, available at https://globalnews.ca/news/4662901/fsin-legal-action-saskatchewan-first-nations-
cannabis/
20
Cannabis dispensary celebrates soft launch on Zagime Anishinabek near Regina, CBC News, by Kendall Latimer,
September 16, 2019, available at https://www.cbc.ca/news/canada/saskatchewan/omagakii-medical-dispensary-
1.5285465
21
A framework for the legalization and regulation of cannabis in Canada: The final report of the Task Force on Cannabis
Legalization and Regulation by the Canada, Task Force on Cannabis Legalization and Regulation (2016), p. 90. Available at
https://www.canada.ca/content/dam/hc-sc/healthy-canadians/migration/task-force-marijuana-groupe-etude/framework-
cadre/alt/framework-cadre-eng.pdf
22
Ibid.

25
As Gichi-Naaknigewin Nipissing First Nation Chief Scott McLeod recently said,
The options are quite simple. Either First Nations head into the gray market area where the province
and the federal government don’t get anything or we work out an agreement where everybody gets a
cut and we are legitimate players in a fully recognized market.23
The Canada cannabis market has been aided by its regulatory environment as the United States has been
hampered by inconsistencies in federal and states rules and regulations, including access to financial
institutions for banking and investments. The environment appears to be changing with new US federal laws,
such as the Farm Bill [sic] and the Safe Act [sic].24 The United States market is expected to become much more
competitive as a result.

INDUSTRY ENVIRONMENT
Market analysts remain optimistic about the cannabis market in Canada following a recent downturn in
cannabis stocks. Fanfare to the legalization of cannabis and the anticipation of a bullish market meant a growth
in business entrants who were largely learning as they go.25 Investors capitalized on the early hype and
financed the development of a number of entrants to the market. At least three factors have contributed to
the recent sluggish market. First, many cannabis companies have been strategically emphasizing long-term
growth, while investors are now looking for profitability.26 Second, Canada’s approach has been “intentionally
slow, methodical and tempered.”27 The result has been limited retail operations in some provinces, including
Ontario. According to Eight Capital analyst Graeme Kreindler, “Provinces with more bricks-and-mortar stores
had sales per capita nearly 2.5 times higher than their counterparts with fewer stores.”28 Third, the limited
availability of products (“dry flower (or bud), tinctures and capsules”29) that could be sold across the country
and high prices have further hindered the ability to draw business away from the illegal market.30 Although

23
Nipissing First Nation Chief determined to have First Nations included as full partners in cannabis industry in
Anishinabek News, by Kelly Anne Smith, September 18, 2019, available at
https://anishinabeknews.ca/2019/09/18/nipissing-first-nation-chief-determined-to-have-first-nations-included-as-full-
partners-in-cannabis-industry/?fbclid=IwAR0vIdKdzUke6e_EcF5h2BNO8TPrFZukYiQo7swf0kULQy2HQmazq2SxUsI
24
Sledge-Sarnor, July 19, 2019, para. 9.
25
The New Kid in Town: An Analysis of the Emerging Canadian Cannabis Market, Part 2, Retail Insider E-News, by Bruce
Winder, May 24, 2019, available at https://www.retail-insider.com/retail-insider/2019/5/the-new-kid-in-town-an-analysis-
of-the-emerging-canadian-cannabis-market-part-2
26
One Year In, Legal Canadian Pot Fails to Match the Hype, Bloomberg, by Kristine Owram, October 15, 2019, available at
https://www.bloomberg.com/news/articles/2019-10-15/one-year-in-legal-canadian-pot-fails-to-match-the-
hype?srnd=economics-vp
27
Canada's Cannabis 2.0: Edibles, beverages, vapes on deck, CNN Business, by Alicia Wallace, October 17, 2019, available
at https://www.cnn.com/2019/10/17/business/canada-cannabis-legalization-2-0/index.html
28
One Year In, Legal Canadian Pot Fails to Match the Hype, Bloomberg, by Kristine Owram, October 15, 2019.
29
Canada's Cannabis 2.0: Edibles, beverages, vapes on deck, CNN Business, by Alicia Wallace, October 17, 2019, available
at https://www.cnn.com/2019/10/17/business/canada-cannabis-legalization-2-0/index.html
30
One Year In, Legal Canadian Pot Fails to Match the Hype, Bloomberg, by Kristine Owram, October 15, 2019.

26
market expectations are tempered given concerns about cannabis companies and recent health concerns
about vaping,31 the anticipated availability of additional retail stores and more products (e.g., edibles, vapes,
topicals) are considered positive.
According to Statistics Canada, the cannabis industry added $8.26B to Canada’s GDP in July 2019.32 This
represents a “185 per cent growth”33 over the last ten months. Statistics Canada also estimates that the black
market’s cannabis output “has fallen by 21 per cent in that same time.”34 This market continues to thrive under
the legalization of cannabis as a result of product availability and higher prices.35 A representative of Health
Canada has indicated that “The supply of cannabis is not the issue. The issue is the supply chain, in other
words, converting raw product into packaged goods and moving it to distributors or retailers and to
customers.”36 Adam Rasmi has suggested that the distribution model in Canada may be fueling the issue,
indicating that “In some parts of the country, only government-run shops are authorized to sell cannabis. In
other provinces, it costs thousands of dollars in licensing and regulatory fees to set up shop.”37
Ontario has lagged behind other provinces in its roll out of brick-and-mortar retail stores. Citing supply
concerns, the government initially capped the number of stores allowed to open at 25. Few were ready to
serve customers on April 1, the first day of legal private retail sales.38 At least one industry analyst believes that
“Until the government loosens up these regulations the industry will not develop and mature like other large
scale consumer packaged goods companies.”39
Meanwhile, First Nations entrepreneurs have built a thriving grey-market with many on-reserve dispensaries
relying on their own supply channels instead of the Ontario Cannabis Store (OCS), which has faced shortages
and complaints about product quality.40

31
Ibid.
32
See https://www150.statcan.gc.ca/t1/tbl1/en/tv.action?pid=3610043401
33
Cannabis Canada: Pot industry adds $8.26B to Canada’s GDP, BNN Bloomberg, October 1, 2019, available at
https://www.bnnbloomberg.ca/cannabis-canada-pot-industry-adds-8-26b-to-canada-s-gdp-
1.1324939?utm_source=Sailthru&utm_medium=email&utm_campaign=Cannabis%20Post%20Newsletter%202019-10-
07&utm_term=FP_GrowthOpNewsletter
34
Ibid.
35
See Six months after legalization, high prices and supply issues boost illicit pot market in The Star, by Armina Ligaya,
April 20, 2019, available at https://www.thestar.com/business/2019/04/20/six-months-after-legalization-high-prices-and-
supply-issues-boost-illicit-pot-market.html
36
Ibid, para. 13.
37
Canada’s black market for weed is thriving—even after legalization in Up in Smoke, by Adam Rasmi, April 30, 2019
available at https://qz.com/1605614/canadas-black-market-for-weed-is-thriving-even-after-legalization/
38
‘Degrading and deplorable': Ontario slammed over cannabis licence lottery for First Nations, Yahoo Finance Canada, by
Jeff Lagerquist, July 10, 2019, available at https://ca.finance.yahoo.com/news/ontario-cannabis-stores-first-nations-
172911276.html
39
Ibid.
40
Ibid.

27
In the United States, the average profit margin was “typically between 15 to 21 percent after taxes” for
“recreational and medical cannabis dispensaries.”41

Consumer behaviour
There is no one consumer for cannabis. According to Jessica Lukas and Larry Levin, consumers span all
purchasing attributes (e.g., age, gender, socio and economic backgrounds, etc.).42 The motivations for use are
also varied from improving well-being to addressing medical conditions.43 Every consumer market is expected
to be “DISRUPT[ED]”44 going forward.
For the population 15 years and older during the first half of 2019, significantly more males than females were
using non-medical cannabis in Canada (see Figure below). More males are also accessing medical cannabis with
or without a prescription (see Figure below).

More males used non-medical cannabis in

Canada in first half of 2019

Females
27%

Males
73%

Source: Statistics Canada, National Cannabis Survey (5262).45

41
Dispensary Profit Margins and Falling Cannabis Prices, Cova Blog, by Gary Cohen, October 30, 2018 - Last Updated
February 14, 2019, available at https://www.covasoftware.com/blog/dispensary-profit-margins-and-falling-cannabis-
prices
42
Cannabis is Exploding in CPG: Is Your Organization Ready [PowerPoint]? by Jessica Lukas, Vice President, Consumer
Insights, BDS Analytics and Larry Levin, Executive Vice President, Market and Shopper Intelligence, IRI.
43
Ibid.
44
Ibid.
45
Available at https://www150.statcan.gc.ca/n1/daily-quotidien/190815/dq190815a-eng.htm

28
 More males used medical cannabis in Canada in
first half of 2019
3.5
3
2.5
2
1.5
1
0.5
0
Males Females

Medical without medical document Medical with medical document

Source: Statistics Canada, National Cannabis Survey (5262).46

Supply and demand

The distributions channels in the cannabis market are varied and continuing to grow. They include:

• Cultivator/Producer - Operate a facility to grow and harvest plants.

• Manufacturer/Processor - Operate a facility that manufactures products such as edibles, concentrates,

or tinctures.

• Retailer/Dispensary - Operate a business that sells cannabis products to consumers.

• Testing - Operates a facility that conducts potency and contaminants testing for retail businesses.

• Wholesaler - Buys marijuana and products in bulk and sells to retailers.

• Distributors - Transports, tests, and packages for final sale at a licensed retailer.

• Transportation - Provides transport and temporary storage services to retail marijuana businesses.

• Microbusinesses - May distribute, manufacture, and retail in a space < 10,000 sq. ft.

• Operator - May contract with a business to run operations.47

46
Ibid.
47
Adapted with minor edits from The Economic Impact of Developing the Adult-Use Cannabis Market in New York, by
Laura Schultz, April 25, 2019, available at https://rockinst.org/issue-area/the-economic-impact-of-developing-the-adult-
use-cannabis-industry-in-new-york/

29
While the cannabis cultivation industry is growing, at least one analyst indicates that large companies are
“losing a lot of money.”48 The analyst argues that the problem is the current business model for cultivating
cannabis. “We said from day one, marijuana is a commodity and must trade as one – while the experts claim
marijuana is an ‘exotic product with sustainable value [sic].’”49 They suggest looking for the “lowest-cost
producers” such as Aphria, Inc., which they claim “has facilities geared to low-cost values and decline in
marijuana's commodity prices.”50
At least one company is exploring technology to “produce cannabinoids without having to grow the pot plant
and anticipates making an investment in the biosynthesis space within the next year.”51
Dispensaries will continue to innovate forms of consumption (e.g., creams, tinctures, supplements, edibles,
beverages, powder, etc.) and uses of cannabis (e.g., appetite suppressants and stimulants, pain management
for pets, etc.). One analyst expects “cannabinoid beverages will be a $1 billion opportunity by 2022.”52 “Within
the beverage category, low-dose THC product sales have increased ~70% YOY, and CBD beverage sales have
increased ~75%.” The upward trend of sales is largely due to the convenient form of consumption. Beverage
selections include carbonated and non-carbonated drinks, shots, and powdered mixes. McCain, for example,
has launched Sweet Reason Beverage Co. The company based in Toronto and New York is offering flavored
water with four different flavours.
Each bottle contains 10 mg of pure hemp CBD and no sugar, sweeteners, carbs, sodium or artificial
ingredients—and only five calories. It is meant to be ‘enjoyed throughout the day as a mild stimulant
compared to something like a Red Bull or a soda.’53
Flow Alkaline Spring Water, an Ontario-based company, has also launched a beverage line – Flow Glow, a CBD-
infused antioxidant water.54

48
Money In The Bank But Not From Growing Cannabis, First Jersey Cannabis Corporation Newsletter, March 21, 2019,
available at https://www.fjcannabis.com/single-post/2019/03/21/MONEY-IN-THE-BANK-BUT-NOT-FROM-GROWING-
CANNABIS
49
Dispensary Profit Margins and Falling Cannabis Prices, COVA Newsletter, by Gary Cohen, July 5, 2019, available at
https://www.covasoftware.com/blog/dispensary-profit-margins-and-falling-cannabis-prices
50
Ibid.
51
Canopy Rivers eyeing biosynthesis investment, BNN Bloomberg, October 2, 2019, available at
https://www.bnnbloomberg.ca/marijuana
52
BDS Analytics’ Top 5 Cannabis Beverage Facts in 2019, August 9, 2019, available at https://bdsanalytics.com/bds-
analytics-top-5-cannabis-beverage-facts-in-2019
53
Innovation alert: Canadian companies hitting the jackpot with these cannabis beverages, The Growth Op, by Anisha
Dhiman, October 3, 2019, available at https://www.thegrowthop.com/cannabis-business/innovation-alert-canadian-
companies-hitting-the-jackpot-with-these-cannabis-
beverages?utm_source=Sailthru&utm_medium=email&utm_campaign=Cannabis%20Post%20Newsletter%202019-10-
07&utm_term=FP_GrowthOpNewsletter
54
Ibid.

30
Some of the states in the United States market are already offering cannabis products in grocery and drug
stores.55 United States growth of mass retail is expected to significantly outpace dispensaries by 2024.56
Innovations in the market also include at least two companies, Samsung57 and Akerna58, who are developing
technologies to authenticate cannabis products. These technologies are expected to address product safety
and eliminate counterfeits for retailers and consumers. This is particularly important due to the recent health
concerns about vaping. Another company based in Ontario is working with a technology firm to produce “weed
that doesn't give off that typical pot smell during storage or while being smoked.”59

Retail sales in Ontario

Ontario is slowly increasing sales of cannabis through those licensed dispensaries in Canada (see Figure below).
Ontario dispensaries lead other provinces and territories in cannabis sales with Quebec and Alberta in close
proximity.

55
Cannabis is Exploding in CPG: Is Your Organization Ready?
56
A Sampling of Key Insights, BDS Analytics, by Tom Adams.
57
Will your cellphone be able to tell you what’s in your weed? The Growth Op, by Bobby Hristova, October 3, 2019,
available at https://www.thegrowthop.com/cannabis-health/will-your-cellphone-be-able-to-tell-you-whats-in-your-
weed?utm_source=Sailthru&utm_medium=email&utm_campaign=Cannabis%20Post%20Newsletter%202019-10-
07&utm_term=FP_GrowthOpNewsletter
58
Vape tracking tech is here to weed out counterfeit THC products, Fast Company, by Melissa Locker, September 19, 2019,
available at https://www.fastcompany.com/90406428/vape-tracking-tech-is-here-to-weed-out-counterfeit-thc-
products?utm_source=Sailthru&utm_medium=email&utm_campaign=Cannabis%20Post%20Newsletter%202019-09-
23&utm_term=FP_GrowthOpNewsletter
59
A Canadian Company Is Designing Stinkless Weed, Narcity, by Colin Leggett, September 10, 2019, available at
https://www.narcity.com/news/ca/on/weed-that-doesnt-smell-might-become-a-reality-with-development-by-a-canadian-
company?utm_source=Sailthru&utm_medium=email&utm_campaign=Cannabis%20Post%20Newsletter%202019-09-
16&utm_term=FP_GrowthOpNewsletter

31
 ONTARIO SLOWLY INCREASING CANNABIS SALES IN
COMPARISON TO CANADA (THOUSANDS OF $)
91,125
85,806
74,584
60,943
51,663

22,821 25,855
19,687
7,539 7,692

Feb-19 Mar-19 Apr-19 May-19 Jun-19

Canada Ontario

Source: Statistics Canada, Table 20-10-0008-01.60

Cultivation in Ontario
Ontario closely paralleled the growth in the number of federal cannabis licence holders between 2013 and
2016 and continues to show strong growth (see Figure below). Currently, Ontario is the major licence holder in
Canada with 46 percent (101 of 221) of the licences (see Figure below). Appendix C lists authorized licensed
cultivators, processors and sellers under the Cannabis Act in Ontario. The growth in federal licences appears
directly related to the legalization of cannabis and a response to market forces (i.e., supply and demand).

60
Available at https://www150.statcan.gc.ca/n1/pub/13-610-x/cannabis-eng.htm

32
 Ontario increases the number of cannabis
federal licence holders in Canada, 2013 - 2019
250

200

150

100

50

0
2013 2014 2015 2016 2017 2018 2019

Canada Ontario

Source: Health Canada.61

Ontario is the major cannabis federal

licence holder in Canada, August 2019

101

51
2 2 9 5 16 2 9 24

Source: Health Canada.62

61
Available at https://www150.statcan.gc.ca/n1/pub/13-610-x/cannabis-eng.htm
62
Available at https://www150.statcan.gc.ca/n1/pub/13-610-x/cannabis-eng.htm

33
Pricing
Michael J. Armstrong questions whether using a pricing strategy similar to that used for alcohol products is
applicable for pricing cannabis products. He points out that Quebec marks-up cannabis products only 23 per
cent. “Its average prices are below $8 per gram, versus above $10 in Ontario. That makes Quebec’s agency less
profitable but more competitive with black markets.”63
Both medical and non-medical cannabis consumer prices were higher in Ontario than Canada in 2013 and 2014
but have been essentially the same since (see Figures below).

Ontario medical cannabis consumer prices were higher than

Canada but now the same
$11

$10

$9

$8

$7
Dollars per
gram
2010 2011 2012 2013 2014 2015 2016 2017
Current prices

Canada Medical purposes Ontario Medical purposes

Source: Statistics Canada. Table 18-10-0211-01 Cannabis consumer prices64

63
What’s the Ontario Cannabis Store hiding? The Star, by Michael J. Armstrong, August 18, 2019, available at
https://www.thestar.com/opinion/contributors/2019/08/18/whats-the-ontario-cannabis-store-hiding.html
64
Available at https://www150.statcan.gc.ca/t1/tbl1/en/tv.action?pid=1810021101

34
 Ontario non-medical cannabis consumer prices were
higher than Canada but now the same
$11

$10

$9

$8

$7
Dollars per
gram
2010 2011 2012 2013 2014 2015 2016 2017
Current prices

Canada Non-medical purposes Ontario Non-medical purposes

Source: Statistics Canada. Table 18-10-0211-01 Cannabis consumer prices65

Between 2015 and 2018 consumer prices in Ontario have fallen, while production prices in 2018 are similar to
prices in 2015 (see Figure below). For Canada overall, consumer and production prices have fallen (see Figure
below).

ONTARIO CONSUMER PRICES FALL WHILE

PRODUCTION PRICES IN 2018 ARE SIMILAR
TO 2015
Consumer price Producer price

$4.91 $4.78 $4.53 $4.96

$8.46 $8.08 $7.48 $7.45

2015 2016 2017 2018

PRICE PER GRAM
ONTARIO

Source: Statistics Canada. Table 36-10-0598-01 Cannabis consumer and producer prices.66

65
Ibid.
66
Available at https://www150.statcan.gc.ca/t1/tbl1/en/cv.action?pid=3610059801

35
 CANADA CONSUMER & PRODUCTION PRICES FALL

$5.10 $4.94
$4.68 $4.58

$8.06 $7.70 $7.15 $7.00

Dollars
2015 2016 2017 2018
Price per gram

Consumer price Producer price

Source: Statistics Canada. Table 36-10-0598-01 Cannabis consumer and producer prices.67

Salaries
The following table provides an overview of key positions with associated salaries in the cannabis industry in
Canada and the United States. Demand for staff is increasing and will directly impact salaries. Recruiters
indicate that hiring and retaining the best talent will differentiate the best cannabis companies from others in
the industry.

Distribution Job category Salary range CA68 Average salary range

channel US69

Dispensary Budtender & $32,175 - $56,355 $31,200 - $42,000

Receptionist

Manager $35,000 - $40,000 $60,000 - $150,00

(includes medical clinics)

67
Ibid.
68
Cannabis salary in Canada, Neuvco, see https://neuvoo.ca/salary/?job=Cannabis; and Marijuana Cultivation Is Where
Cannabis Workers Can Earn The Largest Salaries, Forbes, by Mike Adams, June 11, 2018 available at
https://www.forbes.com/sites/mikeadams/2018/06/11/marijuana-cultivation-is-where-cannabis-workers-can-earn-the-
largest-salaries/#6be356d140c6
69
See https://cannabistraininguniversity.com/cannabis-job-salaries/

36
 Distribution Job category Salary range CA68 Average salary range
channel US69

Cultivation Trimmers $32,500 - $42,800 $12 - $18/hour; best

trimmers can earn up to
$30/hour

Manager $63,000 - $87,050; $50,000 and up

demand increasing
salaries from $81,000 -
$103,000

Concentrate & Edibles Chef $40,000 - $90,000

infusion
Concentrate $100,000

Shipping & Driver $36,075 ($17 –

receiving $20/hour)

Quality assurance $65,000 - $85,000

FIRST NATIONS APPROACHES TO INDUSTRY

The section discusses some of the ways in which First Nations are responding in Ontario and across Canada to
the legalization of cannabis. The approaches are varied and reflective of this young growing industry with no
one size fits all approach.

First Nations in Ontario

In Ontario, First Nations are taking different approaches to the opportunities that legalization presents (see
table below). The Mississaugas of Scugog Island have opted out of pursuing a licence to operate a retail store
on-reserve, and have submitted a Band Council resolution to the province. Hiawatha First Nation, the
Mississaugii of Rice Lake, White River First Nations have placed “a moratorium on all businesses and for-profit
enterprises relating to the production and sale of cannabis”70 within their territory for now as they sort out the
legal issues (this may include developing land codes) and consultation with community members.
Neyaashiinigmiing First Nation enacted a bylaw to place an 18-month moratorium on the sale of cannabis until
community consultations can occur.71 In Fort William First Nation, Bubba’s Bud and Smoke opened to

70
Free-rein cannabis shops vs. a complete moratorium: 2 Anishinaabe communities have differing strategies on pot, CBC
News, by Rhiannon Johnson, October 12, 2018, available at https://www.cbc.ca/news/indigenous/alderville-hiawatha-
first-nation-cannabis-1.4858785
71
Ontario First Nation divided over fate of legal cannabis grow-op on its land, CBC News, by Rhiannon Johnson, July 26,
2019, available at https://www.cbc.ca/news/indigenous/first-nation-divided-cannabis-grow-op-1.5223721

37
customers in June 2019. However, the First Nation has a moratorium prohibiting any cannabis-related industry
on reserve lands “until affective and meaningful consultation was conducted and until administrative measures
be put in place so to protect the health and safety of our community.”72
Some First Nations are creating their respective cannabis laws and regulations (e.g., Akwesasne, Gichi-
Naaknigewin Nipissing First Nation, Mississaugas of the Credit First Nation, Six Nations, etc.). For those First
Nations with their own laws, they are also operating in different ways. Some are working within the provincial
legal framework for now, with authorization through the lottery to operate retail stores (i.e., Gichi-
Naaknigewin Nipissing First Nation, Mississaugas of the Credit First Nation); others are working with Health
Canada to cultivate and supply medicinal cannabis (i.e., Akwesasne, Gichi-Naaknigewin Nipissing First Nation).73
Akwesasne,74 for example, operates in a complex environment bordering Ontario, Quebec and the United
States. Seven Leaf, a licensed producer of cannabis under the Access to Cannabis for Medical Purposes
Regulations (ACMPR),75 cannot sell its products to unlicensed retailers, including not offering the product for
sale to community members.76
There are also some cannabis dispensaries operating within reserve lands without any government
involvement (i.e., Alderville First Nation, Mohawks of the Bay of Quinte,77 Pikwakanagan First Nation,78

72
First Nation in Ontario and cannabis operator at odds over opening store in community by Willow Fiddler (2019, June 7),
APTN News. Available at https://aptnnews.ca/2019/06/07/first-nation-in-ontario-and-cannabis-operator-at-odds-over-
opening-store-in-community/
73
Wiisag Corp., based in Neyaashiinigmiing First Nation, was “one-step away from final approval by Health Canada” when
community members opposed the operation of a proposed six-hectare (15-acre) cultivation project (Johnson, 2019,
September 18). It appears a major issue is adequate community consultation with concerns about “The location of a large,
fenced area with security cameras located at the entrance to the scenic community and potential environmental impacts
were among the concerns. Some worried about the wisdom of encouraging marijuana use” (Dunn, 2019, August 16 at
https://www.owensoundsuntimes.com/news/local-news/wiisags-operations-at-neyaashiinigmiing-have-been-paused).
Currently, a bylaw is in place to restrict operations until the situation is sorted out. For more information see
https://www.cbc.ca/news/indigenous/first-nation-divided-cannabis-grow-op-1.5223721
74
According to Grand Chief Abram Benedict, “Akwesasne has since signed a tobacco pilot project with the provincial
government that allows it to regulate the manufacturing and sales of cigarettes on the reserve and collect the revenue.
The pilot project could be a model to regulate the marijuana industry.” 'A huge economic opportunity:' Akwesasne
embracing legal pot, Ottawa Citizen, by Elizabeth Payne, October 24, 2018. Available at
https://ottawacitizen.com/news/local-news/a-huge-economic-opportunity-akwesasne-embracing-legal-pot
75
Awkwesasne began business development, including preparation for licensure in 2013, and is “building out an 84,000
sq. ft. scalable production facility.” See https://www.newswire.ca/news-releases/seven-leaf-becomes-licensed-producer-
of-medical-cannabis-694492451.html
76
Indigenous cannabis entrepreneurs face licensing issues, tax challenges, Global News, by Giuseppe Valiante, April 16,
2019, available at https://globalnews.ca/news/5173420/quebec-ontario-indigenous-cannabis-entrepreneurs/
77
See https://www.thestar.com/news/cannabis/2018/10/14/indigenous-pot-superstore-drives-profound-transformation-
on-tyendinaga-mohawk-territory.html
78
Within Pikwakanagan First Nations, seven dispensaries have opened in the last year which form the Pikwakanagan
Cannabis Business Association and “currently employ about 100 people” (Laucius, 2019, February 21, available at
https://goldenlakecannabis.info/?p=11).

38
Wahnipatae First Nation79). Alderville First Nation initially appeared to be taking a hands-off approach to
regulating the cannabis industry and leaving it up to “band members to exercise their sovereign rights.”80 The
result has been the establishment of the Mississaugas of Rice Lake Cannabis Association (ricelakecannabis.org)
by cannabis growers and dispensaries to self-regulate the industry within the territory.81 Alderville First Nation
is currently developing its cannabis law. Oneida of the Thames First Nation82 has recently responded to a
number of retailers opening up in the community by suspending their businesses “cigarette quota and gas tax
exemption. Council will also suspend those businesses' rights to custom work and public works services and
band generated business.”83 Wahnapitae First Nation appears to have two stores (Creator's Choice and First
Nations Medicinal) operating on the reserve that are not sanctioned by the First Nation.84 Both stores were
raided and arrests made by Anishnabek and provincial police in January 2019.85
Some First Nations are also investing in Cannabis companies (e.g., Canada’s National Access Cannabis, Native
Roots Dispensary, etc.).86 Wahgoshig First Nation, for example, is unique as it signed a community benefits
agreement with DelShen in 2015, “investing $2 million in the form of a convertible debenture (that’s a loan
that can be converted to stock)”87 in the operation of a 40,000 square foot cannabis production facility near
Kirkland Lake, Ontario.88 Wahgoshig First Nation has also received authorization through the province to
operate a retail store.89

79
Two unlicensed dispensaries (First Nations Medicinal and Creator’s Choice Natural Health Solutions) exist within
Wahnipatae First Nation.
80
The ‘Green Mile’ is the cannabis tourism destination of the Kawarthas by Bruce Head (2019, March 3),
KawarthaNOW.com. Available at https://kawarthanow.com/2019/03/03/the-green-mile-alderville-first-nation/
81
https://ricelakecannabis.org/wp-content/uploads/2018/07/MRLCA-final-bylaws.pdf
82
See https://www.cbc.ca/news/canada/london/london-ontario-oneida-nation-of-the-thames-pot-1.5106576
83
Ibid.
84
Wahnapitae First Nation pot shops raided by police, CBC News, January 3, 2019, available at
https://www.cbc.ca/news/canada/sudbury/wahnapitae-first-nation-marijuana-dispensaries-raid-1.4969565
85
Ibid.
86
Lisa Campbell, Indigenizing cannabis: quiet revolution grows as more First Nations embrace legalization, NOW, May 24,
2018, para. 18. Available at https://nowtoronto.com/news/cannabis-indigenous-communities-legalization/
87
Sam Riches, Indigenous Cannabis: Revitalizing First-Nation Economies Through Legalization, Leafly, December 18, 2017,
para. 3. Available at https://www.leafly.com/news/canada/indigenous-cannabis-revitalizing-first-nation-economies-
through-legalization
88
According to the Pontiac Group, they have brought in “48 additional First Nations investors” (Ibid, para. 5). The facility is
“regulated by the Cannabis Act” (See http://www.delshen.com/).
89
Wahgoshig First Nation is one of the eight First Nations who received authorization through the Ontario lottery in the
summer of 2019.

39
The Chippewas of the Thames “has invested in the Manitoba grower Garden Variety, a partnership with
cannabis companies Avana Canada Inc., MediPharm Labs, Native Roots Dispensary, and a Manitoba First
Nation.”90
The Chippewas of Rama First Nation have a joint venture with MJardin Group, Inc. for the development of a
94,650 sq. ft. cannabis campus located in the community. Expected to be complete in the third quarter of 2020,
the campus will include indoor cultivation rooms, a “GMP certified extraction facility, a cannabis education
centre and a retail dispensary. In addition, two greenhouses equaling 32,250 sq. ft. will be dedicated to
producing extractable biomass.”91
While investments and partnerships appear beneficial, they are not without risk. CannTrust, for instance,
“began growing plants in rooms with pending licences. The company actually received those licences, but it
was a month after getting busted.”92 At least four other scandals have hit the industry making it imperative to
do due diligence when selecting an investment and/or partnership. Further, industry consolidation will
continue meaning that the company selected to do business with today may be another company tomorrow.
Finally, some First Nations governments are taking a hands-off approach to cannabis business development
beyond the regulatory development and monitoring and enforcement, believing that is an entrepreneurial
opportunity for their citizens. At least one First Nation, Gichi-Naaknigewin Nipissing First Nation, is offering its
citizens the opportunity to be part of a business co-operative.93

Approaches First Nations in Ontario

Opting out Mississaugas of Scugog Island

Moratorium to review legal issues and conduct Hiawatha First Nation, Fort William First Nation,
consultations Neyaashiinigmiing First Nation, White River First
Nation

90
First Nations entrepreneurs big winners of Manitoba cannabis plan, Financial Post, by Mark Rendell, February 20, 2018,
available at https://business.financialpost.com/business/first-nations-entrepreneurs-big-winners-of-manitoba-cannabis-
plan
91
RAMA First Nation and MJardin Group Release Designs for Combination Indoor/Greenhouse Cannabis Campus [Press
release], July 31, 2019, available at https://www.mjardin.com/news/2019/7/31/rama-first-nation-and-mjardin-group-
release-designs-for-combination-indoorgreenhouse-cannabis-campus. Note: The original relationship was with GrowForce
subsequently acquired by MJardin Group.
92
Top five cannabis industry scandals, The Growth Op, by Debra Borchardt, The Fresh Toast, September 5, 2019, available
at https://www.thegrowthop.com/cannabis-news/top-five-cannabis-industry-
scandals?utm_source=Sailthru&utm_medium=email&utm_campaign=Cannabis%20Post%20Newsletter%202019-09-
09&utm_term=FP_GrowthOpNewsletter
93
Nipissing First Nation Chief determined to have First Nations included as full partners in cannabis industry, Anishinabek
News, by Kelly Anne Smith, September 18, 2019, available at http://anishinabeknews.ca/2019/09/18/nipissing-first-
nation-chief-determined-to-have-first-nations-included-as-full-partners-in-cannabis-industry/

40
 Approaches First Nations in Ontario

Developing & implementing respective cannabis Akwesasne, Nipissing First Nation, Six Nations
laws and regulations

Authorization through provincial lottery to Shawanaga First Nation

operate retail stores94
Wikwemikong Unceded Indian Reserve # 26
Chapleau Cree First Nation
 Wahgoshig First Nation
Couchiching First Nation
Nipissing First Nation
Mississauga First Nation
Serpent River First Nation

Working with Health Canada to cultivate and Akwesasne, Nipissing First Nation
supply medicinal cannabis

Operating within reserve lands without any Alderville First Nation, Mohawks of the Bay of
government involvement Quinte, Pikwakanagan First Nation, Wahnapitae
First Nation

Offering members opportunity to be part of a Nipissing First Nation

business co-operative

Investing in and/or partnering with Cannabis Wahgoshig First Nation, Chippewas of the
companies Thames, Chippewas of Rama First Nation,

First Nations across Canada

First Nations are responding in a similar manner across Canada. Kitigan Zibi Anishinabeg First Nation has opted
out of pursuing the sale of cannabis on-reserve. Some First Nations are creating their respective cannabis law
and regulations (i.e., Kahnawake, Kwaw-kwaw-a-pilt First Nation, Pheasant Rump First Nation,). For those First
Nations with their own laws, they are also operating in different ways. Some of working within their respective
provincial legal framework for now to operate retail stores (i.e. Tseshaht First Nation,95 Opaskwayak Cree
Nation, Long Plain First Nation, Nisichawayasihk Cree Nation); others are working with Health Canada to

94
The locations of the proposed stores on the reserves had to be approved by the First Nations Band Council.
95
See https://www.cannabisculture.com/content/2019/09/12/b-c-s-only-licensed-first-nations-cannabis-shop-opens-on-
vancouver-island/

41
cultivate an supply medicinal cannabis (i.e., Siksika Nation), while others are embarking on their own
cultivation and/or retail stores (i.e., Kwaw-kwaw-a-pilt First Nation, Pheasant Rump Nakota Nation,
Muscowpetung Saulteaux Nation).
There are also some cannabis dispensaries operating within reserve lands without any government
involvement (i.e., Kanesatake, Penticton Indian Band96).
Some First Nations are also investing in Cannabis companies (e.g., Wahupta Ventures, Canada’s National
Access Cannabis, Native Roots Dispensary, etc.).97
Peguis First Nation (Manitoba), for example, is working with Wahupta Ventures, privately owned firm “focused
on the cultivation, production, processing, and extraction of hemp for the creation of natural medicinal relief
products while simultaneously creating key collaboration with sovereign Indigenous communities throughout
North America.”98
Thunderbird First Nation has invested in Westleaf to establish “an approximately 130,000 square foot indoor
cultivation facility”99 on land owned by the Nation. Westleaf states that the facility “is anticipated to provide a
source of long term employment for Thunderchild band members as it will employ up to 150 people.”100
Siksika Nation has a “50/50 partnership with Kelowna BC-based Frozen Penguin Medical Industries, [and]
construction is set to begin this fall on a 25,000 sq. ft. cannabis cultivation and processing facility.”101 Siksika
council and its partners expect the new facility would deliver upwards of $14 million in annual revenue.102
AtlantiCann Medical is a “three-way partnership between Nova Scotia's 13 Mi'kmaw communities, a U.S.-based
cannabis grower and a Halifax development company.”103 The 13 Mi'kmaw communities, represented by the
Assembly of Nova Scotia Mi'kmaq Chiefs, own 51 percent of the business.104

96
Cannabis retail outlet opens on Penticton Indian reserve, Dispensing Freedom, by Steve Arstad, August 25, 2019,
available at https://dispensingfreedom.com/2019/08/25/cannabis-retail-outlet-opens-on-penticton-indian-reserve/
97
Lisa Campbell, Indigenizing cannabis: Quiet revolution grows as more First Nations embrace legalization, NOW, May 24,
2018, para. 18. Available at https://nowtoronto.com/news/cannabis-indigenous-communities-legalization/
98
See https://www.wahupta.com/about/. The firm is interested in going public in the near future.
99
For more information see https://www.westleaf.com/thunderchild/
100
Ibid.
101
Siksika Nation Enters Cannabis Business, First Nations Drum, by Aaron Many Guns, May 24, 2019, available at
http://www.firstnationsdrum.com/2019/05/siksika-nation-enters-cannabis-business/
102
The application was filed in July, 2016 through Health Canada’s Access to Cannabis for Medical Purposes Regulations
(ACMPR) by a fifty-fifty per cent joint venture between Siksika Resource Development Ltd. (SRDL) and LDI Group, named
Siksika Herbz Ltd. https://globalnews.ca/news/3055076/albertas-siksika-nation-applies-for-medical-marijuana-license/
103
Cannabis partnership with Mi'kmaw investment ready to turn over a new leaf, CBC News, by Shaina Luck, August 09,
2019, available at https://www.cbc.ca/news/canada/nova-scotia/atlanticann-medical-cannabis-partnership-1.5239103
104
Ibid. For more information see https://atlanticann.com

42
The Opaskwayak Cree Nation, Long Plain First Nation and Nisichawayasihk Cree Nation105 have established
limited partnership agreements with National Access Cannabis106 to operate retail stores under provincial
licence. At least four retail sites are operating with another four projected in 2019.107
Kahnawake was in discussions with Canopy Growth for a partnership to cultivate cannabis.108 The partnership
did not materialize, although Kahnawake remains interested in such opportunities.
Finally, a number of organizations are emerging to engage conversation and support First Nations in this
growth industry (e.g., National Indigenous Cannabis Consortium, Indigenous-owned and non-Indigenous
consulting firms, etc.).

105
National Access Cannabis Corp. Announces New Cannabis Retail Store in Thompson, Manitoba in Partnership with the
Nisichawayasihk Cree Nation, https://www.ftmig.com/mj-news/national-access-cannabis-corp-announces-new-cannabis-
retail-store-in-thompson-manitoba-in-partnership-with-the-nisichawayasihk-cree-nation/
106
National Access Cannabis Corp., founded in 2015 and based in Ontario, is a cannabis retailer in Canada with a network
of medical cannabis clinics, partner pharmacies, and recreational cannabis retail stores. “It sells and distributes cannabis
and cannabis related products under its recreational cannabis brands META Cannabis Supply Co. and NewLeaf Cannabis.”
(https://www.marketwatch.com/investing/stock/nacnf). The company operates 10 clinics across Canada.
107
See https://www.ftmig.com/mj-news/national-access-cannabis-corp-announces-new-cannabis-retail-store-in-
thompson-manitoba-in-partnership-with-the-nisichawayasihk-cree-nation/
108
Kahnawake will not proceed with major cannabis project, Two Row Times, August 14, 2019, available at
https://tworowtimes.com/news/local/kahnawake-will-not-proceed-with-major-cannabis-project/

43
COMPETITOR ENVIRONMENT – EAST REGION ONTARIO
A brief overview of the competition in the eastern region of Ontario follows and includes First Nations and non-
Indigenous businesses in cultivation, medical cannabis and/or recreational retail (see Figure below).

Figure. Cannabis competitors in the eastern region of Ontario.

44
First Nations
Three other First Nations are located within the general area, including Hiawatha First Nation, Alderville First
Nation, and the Chippewas of Rama First Nation. Hiawatha First Nation engaged community members in
consultations and has been developing its land code. Their current plans for cannabis operations are unknown.
Alternatively, Alderville First Nation community members have opened thirteen dispensaries.109 Chief and
Council are currently developing a cannabis law for the community. The joint venture between the Chippewas
of Rama First Nation and MJardin Group, Inc. for the development of a cannabis campus could be an attractive
destination for customers.

Non-Indigenous providers
The province uses a lottery system to control the roll-out of cannabis retailers. They indicate this is due to the
supply of cannabis, the need to protect young people, keep roads and communities safe, and combat the illegal
market.110 Businesses who receive a licence are required to obtain their supply of cannabis from the Ontario
Cannabis Store.
The Alcohol and Gaming Commission of Ontario (AGCO) granted 25 licences in the first lottery round and 50
(42 non-Indigenous, eight First Nations) in the second. The first lottery granted five licences in the eastern
region and listed a several interested parties on the waitlist. Two government-run stores, operated by a
subsidiary of LCBO, were to open in July 2018, one in Peterborough and one in Lindsay.111 The authorization of
these two stores is not clear, and the status of these intended retail operations is unknown.112 Soaring Eagle
Medical Dispensary in Buckhorn, Ontario, operated by a member of Curve Lake First Nation and a resident of
Peterborough, was raided in May 2019.113 The business appears to remain closed.
The second lottery authorized seven new stores in the East Region, one in Peterborough and one in Lindsay
with a second location on the waitlist for Peterborough. Huge Shops Ontario Inc. was granted authorization for
a store at Fowlers Corners in Kawartha Lakes.114 According to the ACGO website, one location in Lindsay,

109
Next federal government needs to amend Cannabis Act, say First Nation chiefs, CBC News, by Jorge Barrera, September
29, 2019, available at https://www.cbc.ca/news/indigenous/cannabis-first-nations-laws-1.5299972
110
Ontario government announces new lottery for 42 cannabis stores, BlogTO, by Lauren O'Neil, July 2019, available at
https://www.blogto.com/city/2019/07/new-ontario-cannabis-lottery-42-stores/
111
Ontario government confirms marijuana stores for Peterborough and Lindsay, Peterborough Examiner, December 12,
2017, available at https://www.thepeterboroughexaminer.com/news-story/8207142-ontario-government-confirms-
marijuana-stores-for-peterborough-and-lindsay/
112
Marijuana retail store for Peterborough expected to open in the summer, Peterborough Examiner, December 9, 2017,
available at https://www.thepeterboroughexaminer.com/news-story/8174382-marijuana-retail-store-for-peterborough-
expected-to-open-in-the-summer/
113
See https://www.thepeterboroughexaminer.com/news-story/9340618-opp-raid-soaring-eagle-medical-dispensary-
near-burleigh-falls/
114
Proposed City of Kawartha Lakes cannabis store selected in 2nd AGCO lottery, Global News, by Greg Davis, August 21,
2019, available at https://globalnews.ca/news/5793103/cannabis-store-city-of-kawartha-lakes-2nd-agco-lottery/

45
Ontario has been disqualified while another one remains active. The Peterborough location for Huge Shops
Ontario Inc. remains active.
Eight First Nations were authorized through the province during the second lottery. The closest authorized site
is Mississauga First Nation.
A search of the Peterborough area results in three businesses, including:

 Bodystream Medical Cannabis Clinic115 - The clinic offers online, telephone and in-person intake and
consultation for medical cannabis. Clients can place orders online. There is one location in
Peterborough and one in Oshawa with another 25 locations across Ontario. Cannabis is provided
through Spectrum Therapeutics, the “medical division of Canopy Growth Corporation.”116 Cannabis
offerings “include whole flower cannabis, oils, [and] … Softgels in addition to single cannabinoid
medicine Dronabinol under the brand Bionorica Ethics.”117

 In August 2019, Spectrum Therapeutics signed a five-year agreement with “Medical Pharmacies
Group Limited …, Canada’s largest specialty pharmacy that services residents in long-term care,
retirement homes and other settings.”118 The agreement enables Spectrum Therapeutics to be the
“preferred education partner to Medical Pharmacies and the seniors it serves in over 500
residences and care facilities.”119 It also provides support to Apollo Cannabis Clinics.

 Canadian Cannabis Clinics – The clinic offers clinic and home care video support in the Peterborough
area. The company operates 29 clinics across Canada.120 The company has another location in Whitby,
Ontario.

 Go Green – Go Green is a medical and recreational cannabis delivery service that operates in the
Peterborough area. While the telephone number is active, there is no evidence of a website or street
address. Reviews are available for the service at
https://wheresweed.com/ontario/peterborough/marijuana-delivery/go-green-on/reviews

According to Alex Trpkovich, Canadian Cannabis Clinics and Apollo Cannabis Clinics are two of the three “best
Canadian cannabis clinics that will guarantee that you have an easy time getting a medical cannabis card and
streamline your way to buying your first medical cannabis product.”121

115
See https://www.bodystreammedical.ca; and https://www.bodystreammedical.ca/location/peterborough
116
See https://www.bodystreammedical.ca/news/spectrum-therapeutics-announces-donation-to-support-research-
initiatives-led-by-the-canadian-sleep-and-circadian-network
117
See https://www.newcannabisventures.com/spectrum-therapeutics-announces-strategic-patient-support-and-
education-partnership-with-medical-pharmacies/
118
Ibid.
119
Ibid.
120
https://www.cannabisclinics.ca/
121
3 best Canadian cannabis clinics for getting a medical card, Greencamp, by Alex Trpkovich, September 25, 2018,
available at https://greencamp.com/best-canadian-cannabis-clinics/

46
FSD Pharma has purchased the “former Kraft food production plant in Cobourg, Ontario”122 to grow indoor
“hydroponic facility, optimized for large-scale, medical-grade cannabis production”123 using a stage-phased
development.
Once complete, the facility is expected to have over 3,800,000 sq. ft. of capacity to support cultivation,
processing and related ancillary businesses with production in excess of 400,000 kg of cannabis per
year by 2025. The facility sits on a 70-acre parcel of land of which 30 acres are currently utilized and 40
acres are available for future development.124
FSD Pharma “announced it was investing $1.3 million in the Toronto-based Huge Shops to acquire a minimum
of 10 Coffee Time stores and become a recreational cannabis supplier.”125 Alternatively, National Access
Cannabis has a “deal with Second Cup to convert some of its coffee shops into cannabis stores.”126

122
https://fsdpharma.com/about-us/
123
Ibid, Optimal Environment.
124
Ibid, Growth.
125
https://globalnews.ca/news/5793103/cannabis-store-city-of-kawartha-lakes-2nd-agco-lottery/
126
Ontario won't cap the number of cannabis retail licences, Financial Post, by Vanmala Subramaniam, September 26,
2019, available at https://business.financialpost.com/cannabis/ontario-wont-cap-the-number-of-cannabis-retail-licences

47
CHAPTER 5 - CANNABIS LAWS: A COMPARATIVE ANALYSIS
This section provides a brief overview of existing Cannabis laws; three of which have been adopted by First
Nations, and those adopted by the governments of Canada and Ontario. The purpose of this review is to
provide Curve Lake First Nation with some preliminary information should they decide to proceed with
distribution and/or cultivation within their Nation. This review is not intended to replace a legal review of the
laws or legal advice.

Key points

First Nations laws

 Affirm their inherent jurisdiction, including specificity of territory

 Specify the purpose is to protect the health and safety of community members and
provide economic development opportunities

 Clarify the application of the law to include cultivation, processing, distribution, sale,
possession and use of cannabis within, into and from the Territory

 Specify the age (range from 18 -21 years of age) for purchasing

 Provide for a community benefit fee

 May charge a royalty fee for non-members

 Many have a separate governance structure or Control Board or Commission for

oversight and enforcement

 Acknowledge the industry is in transition and may review their respective law once per
year

The Kahnawà:Ke Cannabis Control Law127 was selected to frame the review of cannabis laws, as its law offers a
number of elements not found in other First Nations laws reviewed for this effort. Using most of the elements
within the Kahnawà:Ke Cannabis Control Law, Appendix D offers a review for comparative purposes of two
additional First Nations laws and the governments of Canada and Ontario. The First Nations laws include:

127
Available at http://www.kahnawakemakingdecisions.com/legislation/laws/docs/CannabisControl.pdf

48
  DRAFT Gichi-Naaknigewin Nipissing First Nation Cannabis Law128

 Muscowpetung Saulteaux Nation Cannabis Bylaw129

No assumption is made about whether there might be elements missing as that is beyond the scope of this
review. Each element also includes the most comprehensive language from at least one of the First Nations
laws.

KEY HIGHLIGHTS
Some key highlights follow from the review of First Nations cannabis laws, including: affirming inherent
jurisdiction; who regulates, enforces and administers the law; legal age for consuming cannabis; applications
and related fees; community fees; pricing; fines for violation of law; record keeping; and review of respective
laws.

Inherent jurisdiction
All First Nations affirm inherent jurisdiction within their respective cannabis laws (see Appendix D).

Regulations, enforcing and administering the cannabis laws

Many First Nations use a control board or commission to establish/review/revise regulations, enforce and
administer the law. The Kahnawà:Ke Cannabis Control Law sets out specifications for the Control Board,
including a list of regulations for which the Control Board is responsible (see Appendix D). The law has also
established a standing committee to be known as the Cannabis Health and Safety Committee to monitor
impacts and make recommendations to the Control Board to protect the health and safety of the community
and its members.
The DRAFT Gichi-Naaknigewin Nipissing First Nation Law and Muscowpetung Saulteaux Nation Bylaw include a
mixture of key elements and regulations, although the latter has established a Control Board. The Mississaugas
of the Credit First Nation (MCFN) have established a Commission intended to be operational July 2019.130

Age
The Kahnawà:Ke Cannabis Control Law and the Gichi-Naaknigewin Nipissing First Nation Cannabis Law
prescribe the legal age as 21 years of age to possess, consume, attempt to purchase or distribute Cannabis. The
Kahnawà:Ke Cannabis Control Law adds a licensee and/or Control Board member must also be at least 21 years
of age. Muscowpetung Saulteaux Nation Bylaw, Akwesasne, Six Nations of the Grand River, and the
government of Ontario define the legal age as 19 years with the government of Canada specifying 18 years of
age.

128
Available at https://www.nfn.ca/wp-content/uploads/2019/04/DRAFT-NFN-Cannabis-Law-For-Discussion-Purposes-
Only.pdf
129
Available at http://www.muscowpetung.com/wp-content/uploads/2016/04/MFN-Bylaw-Signed.pdf
130
Their entire cannabis law was not available for this review.

49
Application and fees
The Kahnawà:Ke Cannabis Control Law applies to cultivation and sales of cannabis within the community, while
the Gichi-Naaknigewin Nipissing First Nation Cannabis Law “does not apply with respect to the sale,
distribution, purchase, possession, consumption, of cannabis for medical purposes in accordance with the
Cannabis regulations of Canada.”131
Alternatively, The Kahnawà:Ke Cannabis Control Law stipulates that
Notwithstanding any other provision of this Law or the regulations, a Standard Cultivation Licence and
a Standard Processing Licence will only be issued to an entity in which Council, or an entity created by
Council on behalf of the Community of Kahnawà:ke, has an ownership interest to ensure a community-
wide benefit.132
There is no apparent common denominator with respect to applications fees. The following table identifies the
application fees for selected First Nations as of September 2019.

First Nation Application fee

Akwesasne $2,000 non-refundable

Gichi-Naaknigewin Nipissing First Nation Law Not specified

Kahnawà:Ke Control Board establishes

Muscowpetung Saulteaux Nation Annual licence fee of $500

Six Nations of Grand River $5,000133

The application and renewal fees for cannabis retail operations through the government of Ontario are
identified in the following table. In addition to licensure fees, the government requires the applicant to:

 possess a letter of credit in the amount of $50,000; and

 present a legal instrument that identifies the retail space for operations.134

131
Draft Gichi-Naaknigewin Nipissing First Nation Cannabis Law, Application of Law, Part 1.3.
132
Kahnawà:Ke Cannabis Control Law, Section V, 16.4.
133
Cannabis Legalization: First Nations responding to cannabis legalization, Advocate, by Lenny Carpenter, September
2019, p. 21. Available at https://www.mediaedgemagazines.com/the-chiefs-of-ontario-coo/oo91/
134
For more information see https://www.agco.ca/content/application-process

50
 Government of Ontario Licensing fees

Fee Renewal Fee Renewal Fee

2-year term 2-year term 4-year term

Retail Operator License $6,000 $2,000 $4,000

Retail Store Authorization $4,000 $3,500 $7,000

Cannabis Retail Manager License* $750 $500 $1,000

Source: Alcohol and Gaming Commission of Ontario135

*A sole proprietor does not require a Cannabis Retail Manager Licence for that store.

First Nations community fees

A number of First Nations, in their respective cannabis law, include a requirement for the retail operator to pay
a community fee. Often it is a percentage of sales. The following table specifies who sets and approves the fee
and where known the amount.

First Nation Community fee

Akwesasne Requires a reasonable contribution which shall not exceed the

amount that would be collected as an excise duty on the sale of
cannabis in a neighboring jurisdiction136

Gichi-Naaknigewin Nipissing Set by Chief and Council

First Nation Cannabis Law

Kahnawà:Ke Advised by Control Board and approved by Chief and Council;

there is also a point of sale non-Onkwehón:we royalty

Muscowpetung Saulteaux Not included

Nation

Six Nations of Grand River 8%/month

135
For more information see https://www.agco.ca/content/fees-and-payment
136
For more information see http://www.akwesasne.ca/wp-content/uploads/2018/10/MCR-212-Oct.-1-18-19-Interim-
Cannabis-Regulation-C-8-0.pdf

51
Pricing
The Kahnawà:ke Cannabis Control Law offers language concerning the pricing of cannabis within its territory
with its Control Board responsible for establishing minimum and maximum prices for any cannabis product to
be sold (see Appendix D). Gichi-Naaknigewin Nipissing First Nation and Muscowpetung Saulteaux Nation
cannabis laws do not address pricing.

Fines for violation of First Nations Cannabis Laws

First Nations cannabis laws address what happens when there is a violation of the law. Some of those actions
and fines are described in the following table.

First Nation Fines

Gichi-Naaknigewin Nipissing First Required to participate in one or more First Nation approved
Nation Law youth education or prevention programs, subject to any
conditions; Not more than $10,000 for each day of contravention
of a section in Part 2 or 3 of this law exclusive of costs

Kahnawà:Ke For underage use, the youth is provided the opportunity to attend
a class or program established by the Cannabis Health and Safety
Committee, or by another organization identified by the Cannabis
Health and Safety Committee, for the purpose of educating young
persons about the risks associated with cannabis use.
The Control Board determines issuance and amounts of fines,
while criminal violations are referred to the Kahnawà:ke
Peacekeepers; licence holder may be fined up to $100,000/breach
of regulation

Muscowpetung Saulteaux Nation
Six Nations of Grand River
A person who contravenes any provision of this Act is … guilty of
an offence and liable on summary conviction to a fine of not more
than one thousand ($1,000.00) dollars or to imprisonment for a
term of not more than thirty (30) days, or both
Distribution and Sale - A Person who … is guilty of an offence and
liable on summary conviction to a fine of not more than five
thousand ($5,000.00) dollars or to imprisonment for a term of not
more than thirty (30) days, or both
Mandatory education for first offense; financial fines for
subsequent smoking violations ($1,000 second offense and $5,000
for subsequent) in restricted areas

52
Record keeping
Each of the First Nations cannabis laws identify record requirements for all Cannabis cultivated, harvested,
processed, sold, and delivered (see Appendix C). Curve Lake First Nation may also be interested in reviewing
the cannabis tracking system developed by the government of Canada when developing its law and
regulations.137 The implementation of the cannabis tracking system is required should Curve Lake First Nation
decide to obtain licences from Health Canada and/or the government of Ontario.

Review of respective laws

First Nations do not include language within their respective laws for a review of the respective cannabis law.
Reference has been made to consider a review within one year given the rapid change and growth in the
industry.
The governments of Canada and Ontario offer language concerning review of their respective laws that may be
of interest to Curve Lake First Nation (see Appendix C). For instance, the government of Canada law requires a
review within 18 months with findings and recommendations presented to each House of Parliament. Within
three years a review of the Act is required and one of its requirements includes the “impact of cannabis on
Indigenous persons and communities.”138
The government of Ontario requires a review within two years of “of any matters relating to the Corporation
that the Minister considers advisable.”139

137
The cannabis tracking system is available at https://www.canada.ca/en/health-canada/services/drugs-
medication/cannabis/tracking-system.html
138
Government of Canada, Cannabis Act (S.C. 2018, c. 16), Review and Report, 151.1 (1), available at https://laws-
lois.justice.gc.ca/eng/acts/C-24.5/
139
Government of Ontario, An Act to enact a new Act and make amendments to various other Acts respecting the use and
sale of cannabis and vapour products in Ontario, Review, 28.2.

53
DISCUSSION
As the responses to the survey and focus groups suggest, CLFN members are cautiously optimistic about the
benefits associated with the production and sale of cannabis that can be used to support community priorities.
While community members are hopeful that the sale of cannabis can bring about economic and employment
benefits, they are equally concerned about potential harms that could accompany this emerging opportunity,
namely personal and community safety, and mental health and addictions. Addressing these concerns should
be a top priority for leadership should the decision be made to proceed with regulating the sale of cannabis
within the community.
Further, there are trade-offs for obtaining individual health and community economic benefits while managing
individual and community risks that should be also be considered when considering whether or not to proceed
with the regulation and sale of cannabis within the community. Some key questions for consideration include:

 How does supplying cannabis impact community values?

 Do health benefits outweigh potential risks?

 Is it beneficial to manage risks by providing and ensuring the quality of cannabis within the community
rather than citizens accessing it from outside suppliers (legal and illegal)?

 Do Curve Lake First Nation citizens approve of investing in cannabis sale(s)?

 If Curve Lake First Nation pursues sale(s) of cannabis:

o What component of the distribution channel should be pursued (i.e., cultivation or retail sales,
or both)

o How should cannabis be governed (i.e., Chief and Council, separate structure)

o How should cannabis be regulated (i.e., CLFN cannabis law and/or provincial law, CLFN
cannabis law and/or government of Canada for cultivation or all)

o Where should the business(s) be located to maximize sales and minimize harms?

o How can Curve Lake First Nation and its members benefit from sales?

o How can Curve Lake First Nation ensure enforcement of regulations?

Although these questions were posed to CLFN community members as part of the survey and during the focus
groups, responses were varied and suggest that there is no clear path for moving forward. However, the
community does appear to be largely supportive of leadership regulating the production, sale and enforcement
of cannabis on CLFN.

54
The following table identifies some of the opportunities and risks of selling cannabis within Curve Lake First
Nation.

Category Opportunity Risk

Community May be consistent with use of medicines for Broader cultivation and retail sales may be
values well-being inconsistent with values

Evidenced-based medicinal benefits

 Increases risk of unintentional overdose
Conclusive evidence for injuries among children
 Chronic pain in adults  Recent use (24 hours) impairs performance
in learning, memory, and attention

 Increases risk of car accident if used prior
 Chemotherapy-induced nausea and
to driving
vomiting
 Smoking during pregnancy linked to lower

birth weight
 Multiple sclerosis spasticity
 Initiating use at a younger age increases
 likelihood of developing problem
Moderate evidence for sleep disorders  Use during adolescence related to
impairments in subsequent academic
Health140
Limited evidence for achievement and education, employment
and income, and social relationships and
 Increasing appetite and decreasing social roles
weight loss associated with
HIV/AIDS  Greater frequency of use increases risk of
developing schizophrenia and other
 psychoses, likelihood of developing
 Symptoms of Tourette syndrome problem, risk for developing other
substance dependence, heavy users more
 likely to report thoughts of suicide

 Anxiety symptoms  Daily use may be linked to greater

symptoms of bipolar disorder than non-
 users
 Symptoms of posttraumatic stress
disorder

140
Source: National Academies of Sciences, Engineering, and Medicine. (2017). The health effects of cannabis and
cannabinoids: The current state of evidence and recommendations for research available at
http://nationalacademies.org/hmd/Reports/2017/health-effects-of-cannabis-and-cannabinoids.aspx. Additional
information is available at Canadian Agency for Drugs and Technologies in Health (CADTH) https://cadth.ca/evidence-
bundles/medical-cannabis-evidence-bundle

55
 Category Opportunity Risk
Manage product quality within the Citizens access outside suppliers (legal and illegal
Product Quality
community suppliers)
Regulate location to minimize community Increases traffic within the community raising
Location
traffic safety concerns
Can provide economic benefits for Economic benefits are not realized
community members (individual, partners,
cooperative)
Economy
Can provide revenue for community-based
projects
CLFN Chief and Council govern the CLFN Chief and Council governance could
regulations, business development and raise/present conflicts of interest
operations
Governance
A separate structure is developed to govern, Could mitigate conflicts although no guarantee
regulate and enforce businesses
CLFN develops own cannabis law and CFLN businesses run risk of being raided by
operates without provincial licence provincial authorities
acknowledging jurisdiction
Regulations
CLFN develops own cannabis law and While no risk of a provincial raid, it may impact
operates with provincial license discussions about jurisdiction
CLFN has enforcement capability and CLFN does not enforcement capability and
Enforcement
capacity to enforce regulations capacity to enforce regulations

56
APPENDIX A: SURVEY
Curve Lake First Nation
Community Consultation on Cannabis - Online Survey
Prepared by INDsight Consulting
June 6, 2019
Title on all pages:
Curve Lake First Nation - Community Consultation on Cannabis - Survey
Footer on bottom of all pages:
If you have any questions about this survey, please contact INDsight Consulting
info@indsightconsulting.ca
Notes about survey draft:
 Questions about licensing were not added due to complexity
 The survey will need to be formatted with additional instructions for online programming
 Each heading notes the start of a new online page
 Please ignore formatting. The online survey formatting will differ
 There will be a % complete status bar at the top of each online survey page
 Responses will be forced by the software for forced-choice (check box) questions only

Introduction (online page 1)

The Curve Lake First Nation Chief and Council needs your input on cannabis (marijuana) by completing this
short (about 10 to 15 minute) survey! This is part of a larger consultation with our members. It is important
that we hear from everyone so that we can represent your interests.
The survey will ask about whether to establish a cannabis retail store(s) within the First Nation, and if so, how.
It will also ask about your thoughts on cannabis and economic development. This survey is open to all members
age 16 and older living on or off reserve.
Your survey input is confidential. INDsight consulting, an Indigenous firm, is completing the survey. They will
only share summary responses in the report. For example, 50% of members completing the survey were male
and 50% were female. There may also be some anonymous quotes. The survey will not collect or share
anyone’s name.
A summary of key findings will be available to all members.
If you have any questions or need help with this survey, please contact INDsight Consulting at
info@indsightconsulting.ca
Click “next” to begin the survey.

57
Participation (online page 2)
INDsight Consulting would like your permission to quote your response without sharing your name.
Do you agree to take part in this survey?
Yes
No → END SURVEY
Are you a member of the Curve Lake First Nation (on or off reserve)?
Yes
No → END SURVEY
Are you age 16 or older?
Yes
No → END SURVEY

Knowledge about cannabis

Overall, how much do you know about the benefits and harms of cannabis?
None → Go to Q.7
A little → Go to Q.5
A lot → Go to Q.5
Not sure → Go to Q.7

Knowledge about cannabis

IF Q.4 = ‘A little’ or ‘A lot’
How much do you know about the benefits and harms of cannabis in each area below?
Check one answer per line.

Benefits and harms of cannabis for: None A little A Lot Not sure

Mental health and addictions

Health

Legal and regulations

Social aspects

58
 Community safety

Economic development and jobs

Education

What are some of the things you know about cannabis?

____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

Knowledge about cannabis

Would you be interested in learning more about cannabis?
Yes
No → SKIP NEXT QUESTION
Not sure → SKIP NEXT QUESTION

How would you like to learn more about cannabis?

Check all that apply.
In-person community education sessions
Curve Lake First Nation website
Booklet or brochure
Other, please tell us: ___________________________

59
Selling cannabis in Curve Lake First Nation
We would like to know whether two types of cannabis should be sold on Curve Lake First Nation.
Should recreational cannabis be sold within Curve Lake?
Yes
No
Not sure
Why or why not?
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Should medical cannabis be sold within Curve Lake?
Yes
No
Not sure
Why or why not?
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

How to sell cannabis in Curve Lake First Nation

We are asking everyone questions about how to sell cannabis if there is enough support to proceed.
If cannabis will be sold:
Who should operate the cannabis business?
Curve Lake Economic Development Corporation
A community member’s private firm → SKIP NEXT QUESTION
An outside firm → SKIP NEXT QUESTION
Not sure → SKIP NEXT QUESTION

60
Should Curve Lake partner with an experienced cannabis firm?
Yes
No
Not sure

Should Chief and Council develop cannabis regulations?

Yes
No
Not sure

Should Chief and Council tax cannabis sales?

Yes
No
Not sure
What are your suggestions for enforcing cannabis regulations within Curve Lake?
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Do you have any comments about the above questions?
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Location
If cannabis will be sold:
Where should a cannabis retail store be located?
Check all that apply.
Near other Curve Lake businesses
Near the entry to Curve Lake to prevent outsiders driving through our community
Not near schools or recreational areas for children and youth

61
Not near traditional areas
Other location, please tell us: ___________________________________________

Growing cannabis commercially in Curve Lake

Should cannabis be grown commercially in Curve Lake?
Yes
No
Not sure
Comments ________________________
Why or why not?
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

How to use money from cannabis to benefit the community

Which of the following should cannabis money (profits, taxes, etc.) be used for?
Check all that apply.
Education
Child and youth programs
Mental health and addictions services
Other health services
Recreational facilities and programs
Cultural programs
Economic development and jobs
Sharing cannabis money with all community members
Other, please tell us: ______________________________
Other, please tell us: ______________________________
Not sure

62
Concerns about cannabis
Which of the following concerns do you have about cannabis being sold in Curve Lake?
Check all that apply.
Effects on children and youth
Effects on mental health and addictions
Effects on health
Effects on culture
Ability to enforce regulations
Outsiders entering the community to buy cannabis
Crime and safety
Traffic
Up-front investment required
Financial risk to Curve Lake First Nation
Other, please tell us: ______________________________
Other, please tell us: ______________________________

About you
Are you?
Male
Female
Two Spirit or other gender
Prefer not to say

What is your age category?

16 or 17
18 to 24
25 to 34
35 to 44
45 to 54

63
55 to 64
65 or older
Prefer not to say
Do you live on or off reserve?
On-reserve
Off-reserve

64
Other comments
Do you have any other comments?
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Wrap-up
Thank you for your input. The survey results will be made available to community members.

65
APPENDIX B: AUTHORIZED LICENSED CULTIVATORS, PROCESSORS AND
SELLERS UNDER THE CANNABIS ACT IN ONTARIO

Table: Authorized licensed cultivators, processors and sellers under the Cannabis Act in Ontario

Classes of cannabis the

licence holder is
authorized to sell
Client
Care Date of
to
phone initial
provincially
numbers licensing
authorized
to for (year-
distributors
registered registered month-
Licence holder Province Licences /retailers patients patients day)

1955625 Ontario Inc. ON Sale Plants / Plants / 1-855- 2015-

(Medical) Seeds Seeds 420-7887 02-17
Processg Dried / Fresh Dried /
Fresh
Cultivate Oil
Oil

1961628 Ontario ON Sale None Plants / N/A 2019-

Corporation (o/a (Medical) Seeds 03-08
Cannalogue)
Dried /
Fresh
Oil

2593973 Ontario Inc. ON Sale Plants / Plants / N/A 2019-

d.b.a. Natures Comfort (Medical) Seeds Seeds 06-21
Processg

66
 Cultivate

2605837 Ontario Inc. ON Processg Plants / None N/A 2013-

Seeds 12-16

2623942 Ontario ON Processg Plants / None N/A 2019-

Limited. d.b.a. Local Seeds 09-06
Cannabinoid Company
Inc.

Source: Government of Canada, Licensed cultivators, processors and sellers of cannabis under the Cannabis
Act.141

141
Accessed September 18, 2019 https://www.canada.ca/en/health-canada/services/drugs-
medication/cannabis/industry-licensees-applicants/licensed-cultivators-processors-sellers.html

67
APPENDIX C: FIRST NATIONS CANNABIS LAW FRAMEWORK: COMPARATIVE ANALYSIS
The following table outlines some elements found in the relevant documents and specifies whether or not the element is addressed in each law.
No assumption is made about whether there might be elements missing as that is beyond the scope of this review. Each element also includes
the most comprehensive language from at least one of the First Nations laws.

Federal Province Muscowpetung Gichi- Kahnawà:Ke

Saulteaux Nation Naaknigewin Cannabis Control
Bylaw Nipissing First Law
Nation Law142

First Nations Jurisdiction

Not addressed Not addressed X X X

Kahnawà:ke Cannabis Control Law

2.1 The Kanien’kehá:ka of Kahnawà:ke, as part of the Mohawk Nation and the Six Nations Confederacy, and respecting the principles
contained within the Constitution of the Six Nations Confederacy are and have always been Sovereign Peoples.
2.2 The Kanien’kehá:ka of Kahnawà:ke have consistently and historically exercised ultimate and exclusive jurisdiction over the Territory.
2.3 The Kanien’kehá:ka of Kahnawà:ke have existing, inherent and inalienable rights which include the right of self-determination; the right to
promote and control economic development; and the right to preserve peace, power and righteousness within the Territory.
2.4 The aforementioned rights of the Kanien’kehá:ka of Kahnawà:ke have been recognized and affirmed in the domestic laws of Canada,
including the Constitution Act, 1982 and other federal and provincial legislation.
2.5 The aforementioned rights of the Kanien’kehá:ka of Kahnawà:ke, as Indigenous Peoples, have been recognized and affirmed in
international covenants and declarations, including the International Covenant on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights and the United Nations Declaration on the Rights of Indigenous Peoples.

142
The law does not include the use or distribution of cannabis for medical purposes.

68
 Federal Province Muscowpetung Gichi- Kahnawà:Ke
Saulteaux Nation Naaknigewin Cannabis Control
Bylaw Nipissing First Law
Nation Law142
2.6 As cultivation, processing, distribution, sale, possession and use of cannabis has a significant impact on socio-economic development,
health, safety and peace, power and righteousness within the Territory, the Kanien’kehá:ka of Kahnawà:ke have the ultimate and exclusive
right and jurisdiction to regulate and control cannabis within the Territory.
2.7 Given that jurisdictions surrounding Kahnawà:ke are creating legislation that directly impacts the well-being of our community, the
Kanien’kehá:ka of Kahnawà:ke have the obligation to regulate and control cannabis in a way that protects and preserves the best interests of
our community.
2.8 The Mohawk Council of Kahnawà:ke, as a governing body in and for the Territory, has the power and authority to enact this Law on behalf
of the Kanien’kehá:ka of Kahnawà:ke.
Muscowpetung Saulteaux Nation Bylaw
WHEREAS the Muscowpetung First Nation adhered to Treaty No. 4, 1874 on September 8, 1875;
AND WHEREAS the Muscowpetung First Nation has and continues to exercise an inherent aboriginal and treaty right to govern its citizens and
lands that is recognized and affirmed by, inter alia, Articles 4, 20, 24, 34 and 35 of the United Nations Declaration on the Rights of
Indigenous Peoples and Section 35 of the Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c II, and is protected by
Treaty No. 4, 1874;
AND WHEREAS the Chief and Council of the Muscowpetung First Nation deem it expedient and in the best interests of the First Nation , as an
expression and in furtherance of the First Nation's inherent aboriginal and treaty right to self-determination, to make a cannabis act for the
purposes of, inter alia, preserving the health and safety of its members and preventing any nuisance to its members,
AND WHEREAS the Chief and Council of the Muscowpetung First Nation wish to enact this cannabis act pursuant to:
(a) the First Nation's inherent aboriginal and treaty right to self-determination; and
(b) Section 81 of the Indian Act, to the extent the same is not inconsistent with the First Nation's inherent aboriginal and treaty rights to
self-determination;

69
 Federal Province Muscowpetung Gichi- Kahnawà:Ke
Saulteaux Nation Naaknigewin Cannabis Control
Bylaw Nipissing First Law
Nation Law142

Application
X X X X X

Kahnawà:ke Cannabis Control Law

3.1 This Law applies to:
(a) all activities related to the cultivation, processing, distribution, sale, possession and use of cannabis within, into and from the Territory; and
(b) all persons and business entities situated or found within the Territory.
3.2 This Law and the regulations may apply to Tioweró:ton Territory to the extent that it is authorized in whole or in part by resolutions of
both the Mohawk Council of Kahnawà:ke and Mohawk Council of Kanehsatà:ke.
3.3 Laws of general application will continue to apply to the extent they are not inconsistent with this Law or the regulations.
Gichi-Naaknigewin Nipissing First Nation Cannabis Law, Application
All applicable federal Cannabis and Ontario Cannabis laws shall apply on the Lands within the boundaries of Nipissing First Nation to the
extent that they are not inconsistent with this Cannabis law and shall be interpreted with the necessary changes to enable Nipissing First
Nation to administer, enforce and apply the law.

Prohibition
X X NA X

Kahnawà:ke Cannabis Control Law

4.1 Unless authorized by this Law or the regulations, the cultivation, processing, distribution, sale, possession and use of cannabis within and
from the Territory is prohibited. For greater certainty, a licence issued by a regulatory authority outside of the Territory has no validity within
the Territory unless the licence holder has also been authorized under this Law or the regulations.

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Government of Ontario, Schedule 2, Cannabis Licence Act, 2018 and Related Amendments to Other Acts (Note: see also Eligibility 6.6 and
Prohibition on stores, 43.1.)
In the case of an application for a retail store authorization in respect of a proposed cannabis retail store to be located on a reserve, the
authorization may not be issued unless the council of the band has approved the location of the proposed store on the reserve (paragraph 6
of subsection 4 (6)).
Sections 43 and 44 address additional matters respecting reserves. Under section 43, a council of the band may in relation to a reserve
request that the Registrar not issue retail store authorizations for cannabis retail stores to be located on the reserve.
The Act is amended to provide that if the Corporation receives a copy of a resolution of the council of the band in respect of a reserve
requesting that the Corporation not deliver cannabis and related products to the reserve, the Corporation shall make reasonable efforts to
comply with the request in a timely manner. However, this does not apply with respect to wholesale deliveries to a holder of a retail store
authorization for the purpose of resale in a cannabis retail store on a reserve. The Corporation is required to publish a list of affected reserves
and the dates of the relevant resolutions.

Cooperation
NA NA NA NA X

Kahnawà:ke Cannabis Control Law

5.1To ensure the purposes of this Law and the regulations are fully realized, the Kahnawà:ke Cannabis Control Board will liaise regularly and
cooperate with the Cannabis Health and Safety Committee and any other appropriate agency.

Harmonization
Not addressed Not addressed X X X

Kahnawà:ke Cannabis Control Law

6.1 This Law may serve as the basis for the harmonization of laws and regulations concerning cannabis in other jurisdictions and for co-
operation and mutual assistance between the Kahnawà:ke Cannabis Control Board and other First Nations and other regulatory and law

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enforcement agencies. However, this Law and the regulations are not dependent on the approval of, or cooperation from, any other
governmental body or agency.
6.2 For greater certainty, the foregoing section 6.1 is not intended to, and does not in fact, affect, compromise or diminish the authority of
internal agencies, such as the Kahnawà:ke Cannabis Control Board, the Kahnawà:ke Peacekeepers and any other regulatory or law
enforcement agency empowered under Kahnawà:ke law.
6.3 The requirement in section 16.1 of this Law to hold an equivalent licence issued by Health Canada will remain in force until such time as
Kahnawà:ke establishes a public health agency that has a capacity and standards comparable to Health Canada regarding the issuance of
cannabis-related licences in compliance with the criminal laws of general application.
Gichi-Naaknigewin Nipissing First Nation Law – offers another option (see Application of Law; also noted above)
All applicable federal Cannabis and Ontario Cannabis laws shall apply on the Lands within the boundaries of Nipissing First Nation to the
extent that they are not inconsistent with this Cannabis law and shall be interpreted with the necessary changes to enable Nipissing First
Nation to administer, enforce and apply the law.

Purpose
X X X X X

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7.1 The purposes of this Law are to:
(a) protect the health and safety of the Kanien’kehá:ka of Kahnawà:ke and other persons found within the Territory and, in particular
to protect the health of young persons by restricting their access and exposure to cannabis and cannabis by-products;
(b) protect the jurisdictional integrity of the Territory by ensuring mutual respect and cooperation in relation to jurisdiction, economic
advancement and enforcement of Kahnawà:ke’s domestic affairs;
(c) facilitate a regulated and controlled cannabis industry that will promote and enhance socio-economic development, fiscal self-
sufficiency and tangible benefits for the Kanien’kehá:ka of Kahnawà:ke;

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(d) provide for the legal cultivation, processing, distribution, sale, possession and use of quality-controlled cannabis within and from
the Territory;
(e) deter illicit and illegal activities in relation to cannabis, including but not limited to:
(i) preventing cannabis from being diverted into the illicit or illegal market;
(ii) preventing illicit or illegal cannabis from entering the source of supply of the legal cannabis market; through appropriate
sanctions and enforcement measures; and
(f) balance the interests of Kahnawà:ke community members who, on the one hand, are opposed to legal cannabis in the Territory
with the interests of community members who support the regulated cultivation, processing, distribution, sale, possession and use of
cannabis in the Territory.
Government of Canada Cannabis Act (S.C. 2018, c. 16), Purpose
7 The purpose of this Act is to protect public health and public safety and, in particular, to
(a) protect the health of young persons by restricting their access to cannabis;
(b) protect young persons and others from inducements to use cannabis;
(c) provide for the licit production of cannabis to reduce illicit activities in relation to cannabis;
(d) deter illicit activities in relation to cannabis through appropriate sanctions and enforcement measures;
(e) reduce the burden on the criminal justice system in relation to cannabis;
(f) provide access to a quality-controlled supply of cannabis; and
(g) enhance public awareness of the health risks associated with cannabis use.143

Definitions

143
See https://laws-lois.justice.gc.ca/eng/acts/C-24.5/page-2.html#h-76969

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X X X X X

Kahnawà:ke Cannabis Control Law

“Approved Agent” means a person or persons approved by the Board to carry out any of the functions set forth in this Law or the regulations,
on behalf of the Board;
“arm’s length” means having authority and responsibility to make the decisions and take the actions as provided for in this Law;
“Board” means the Kahnawà:ke Cannabis Control Board;
“cannabis” means a plant that belongs to the genus Cannabis and includes
(a) any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that
part has been processed or not, other than a part of the plant referred to below;
(b) any substance or mixture of substances that contains or has on it any part of such a plant; and
(c) any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance
was obtained;
but does not include:
(d) a non-viable seed of a cannabis plant;
(e) a mature stalk, without any leaf, flower, seed or branch, of such a plant;
(f) fiber derived from a stalk referred to above; and
(g) the root or any part of the root of such a plant;
“cultivate” means to grow, propagate or harvest any cannabis plant or any other living thing from which cannabis may be extracted;
“cultivator” means the holder of a valid Standard Cultivation Licence or Microcultivation Licence;
“dispensary” means a commercial facility located within the Territory that is operated by the holder of a Dispensary Licence;
“distribute” or “distribution”, in respect of cannabis, means giving, transferring, transporting, sending, delivering, providing or otherwise
making available in any manner, whether directly or indirectly, and includes offering to distribute;

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“distributor” means the holder of a valid Distribution Licence;
“Kahnawà:ke”, “Mohawk Territory of Kahnawà:ke” or “Territory” means:
(a) the lands presently under the control and jurisdiction of the Kanien’kehá:ka of Kahnawà:ke, including the lands referred to by the
government of Canada as “Kahnawà:ke Indian Reserve No. 14”;
(b) any and all lands that may be added to the lands now under the control and jurisdiction of the Kanien’kehá:ka of Kahnawà:ke
through the negotiation and resolution of land grievances;
(c) any and all lands that may be added to the lands now under the control and jurisdiction of the Kanien’kehá:ka of Kahnawà:ke as a
result of any other means;
(d) lands, which are returned to, Kahnawà:ke as lands within the meaning of subsection 91(24) of the Constitution Act, 1867;
(e) the water and waterways under the control and jurisdiction of the Kanien’kehá:ka of Kahnawà:ke; and
(f) lands that Kahnawà:ke has not relinquished or ceded;
“licence” means a licence issued by the Board;
“licence holder” means the holder of a valid licence;
“Kanien’kehá:ka of Kahnawà:ke” when used in the singular, means a person registered on the Kanien’kehá:ka of Kahnawà:ke Registry as a
member of the Community of Kahnawà:ke and when used in the plural means all persons making up the Community of Kahnawà:ke;
“Onkwehón:we” means an Indigenous individual;
“person” includes an individual, corporation, partnership, limited liability company and any other business entity recognized under the laws
applicable within the Territory;
“possess”, in respect of cannabis, means to have cannabis in a person’s personal possession or knowingly have cannabis in the actual
possession or custody of another person, or has cannabis in any place, whether or not that place belongs to or is occupied
by the person, for the use of the person or of another person;
“prescribed legal age” means the full age of twenty-one (21) years, or such other age as is provided in the regulations;
“process” in respect of cannabis, means the production, packaging and labelling of cannabis products;

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“processor” means the holder of a valid Standard Processing Licence or Micro processing Licence;
“public area” means the buildings and areas defined by the regulations;
“regulation” means any regulation enacted by the Board under this Law;
“sell” or “sale” means to transfer ownership in exchange for money or something of value and includes offer for sale, expose for sale and
have in possession for sale;
“Tioweró:ton Territory” means the lands described as Doncaster Indian Reserve No. 17;
“use”, in respect of cannabis, means to smoke, vape, inhale, ingest, absorb or otherwise consume.
Gichi-Naaknigewin Nipissing First Nation Law – offers another option for the following definitions (see Definitions)

“Authorized Cannabis Retailer” means those authorized by Nipissing First Nation and includes those holding retail store authorization under
this law or the Cannabis Licence Act, 2018 when acting in accordance with the authorization;

“Cannabis” means a cannabis plant or any part or mixture of a cannabis plant as defined in the Cannabis Act S.C. 2018, c.16

Permitted Activities
X X X X X

Kahnawà:ke Cannabis Control Law

9.1 Subject to section 24.3, a person who has attained the prescribed legal age is permitted to possess cannabis for his or her personal use
provided that:
(a) the cannabis has been acquired from a dispensary or from a facility that is licensed by Health Canada; and
(b) the total amount possessed at any given time does not exceed the amount prescribed by the regulations.
9.2 Notwithstanding the foregoing, where a person is a medical patient and holds a valid prescription from a licensed medical practitioner, the
terms of the prescription will supersede this Law and its regulations, but solely for the purposes of the person’s medical treatment.

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9.3 Notwithstanding the foregoing, no person is permitted to smoke or vape cannabis in a public area, including a school zone, or in any
building or area that is designated by the owner to be a “no smoking” or a “no vaping” zone.
9.4 No person is permitted to use, or be under the influence of, cannabis when operating a motor vehicle and offenders may be charged and
prosecuted under the applicable penal or criminal laws of general application.

Control Board
X144 X Not addressed X

Kahnawà:ke Cannabis Control Law

10.1 There is established a regulatory body to be known as the Kahnawà:ke Cannabis Control Board for the purpose of regulating, enforcing
and administering this Law. For greater certainty, the Board will not be a public policy-making body.

General Mandate
Not reviewed X NA X

Kahnawà:ke Cannabis Control Law

11.1 The Board will administer this Law in the best interests of the Kanien’kehá:ka of Kahnawà:ke and in accordance with the highest
principles of health, safety, security, honesty and integrity.

Duties and Responsibilities

Not reviewed X NA X

Kahnawà:ke Cannabis Control Law

144
The Alcohol and Gaming Commission of Ontario (AGCO) is the regulatory body for the adult-use cannabis market in Ontario.

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12.1 In addition to any other duties and responsibilities that may be provided to it in this Law, the Board will:
(a) issue, suspend and revoke the licences provided in this Law and the regulations;
(b) regulate, monitor and inspect all the premises and activities of licence holders; and
(c) make any decision and take any action as is necessary to fulfill the purposes of this Law.

Structure of the Board

Not reviewed X NA X

Kahnawà:ke Cannabis Control Law

13.1 The Board will be accountable to but will function at arm’s length from the Council.
13.2 The Board will be composed of three (3) members selected and appointed by the Council from list of eligible persons who have applied
for the position.
13.3 To be eligible to be selected and appointed to the Board, a person must:
(a) be a Kanien’kehá:ka of Kahnawà:ke;
(b) have attained the full age of twenty-one (21) years old;
(c) be resident within the Territory;
(d) not have an interest in a private entity that has applied for or has been granted a licence;
(e) not have a family member that has an interest in a private entity that has applied for or has been granted a licence; and
(f) have no criminal conviction for an indictable offence or have received a full pardon for any such conviction.
13.4 Subject to early termination in accordance with this Law, a Board member’s term of office will be not less than two (2) years and not
more than (3) years. Wherever possible, Council will stagger Board member’s appointments to ensure continuity and consistency.
13.5 Upon expiry of a Board member’s term of office, subject to the other provisions of this Law, the member is eligible to be re-appointed for
another term of office. There is no limitation on the number of consecutive terms of office a member may serve.

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13.6 Council will ensure that persons to be appointed as Board members are mature, responsible and, wherever possible, have experience
with regulatory matters or participating on boards or commissions.
13.7 The Board will employ the support staff and will retain the professional assistance that it is required to fulfill its mandate.
13.8 Board members and staff will undertake all necessary training to enable them to fulfill their respective mandates more effectively and
efficiently.
13.9 The Board will, by majority vote, appoint one of its members as Chairperson. The Chairperson will preside over meetings of the Board
and will ensure the Board follows the principles and procedures provided in this Law and the regulations.
13.10 Council may, for reasonable cause remove a Board member from office prior to the expiry of his or her term of office.
13.11 A Board member may resign from office prior to the expiry of his or her term of office by giving written notice to the Board and to the
Council at least sixty (60) days prior to the date on which the resignation is to be effective.
13.12 In the event a Board member is removed, resigns or is unable to continue performing his or her duties for any reason, Council will
appoint a new Board member within thirty (30) days or such other period of time that is necessary to ensure the Board always has three (3)
appointed members;
13.13 Council will provide the Board an annual budget the amount of which will be adequate to ensure the Board can satisfy its duties and
responsibilities under this Law.
13.14 Licensing fees and other amounts collected by the Board will be submitted to Council and will be used to offset the Board’s annual
budget.
13.15 Members of the Board may be remunerated for the time required to provide the services associated with their offices, as determined
by Council.
13.16 The Board will obtain, implement and maintain such software, systems, networks and databases as the Board may require to fulfill its
mandate.

Board Meetings
Not reviewed NA NA X

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Kahnawà:ke Cannabis Control Law
14.1 For the purpose of conducting a meeting and making decisions a quorum of not less than (2) Board members must be present.
14.2 To be considered binding and enforceable, decisions of the Board must be approved by a vote of at least two (2) Board members.
14.3The Board will meet at the call of the Chairperson or a majority of its members but in any event, will meet at least once every thirty (30)
days.
14.4 Whenever possible, Board members will participate in Board meetings in person. However, with the permission of the other Board
members, a Board member may participate in a meeting via telephone or other electronic means.
14.5 Notice of a Board meeting, with particulars of the agenda, will be provided to all Board members, not less than five (5) days prior to date
of the meeting. The Board may in its sole discretion waive this requirement for any particular meeting.
14.6 Board meetings or portions of Board meetings may, at the sole discretion of the Chairperson, be open to the public or may be conducted
in camera.
14.7 The Board may adopt such operational policies as it deems appropriate for internal functions and procedures.

Cannabis Health & Safety Committee

NA NA NA NA X

Kahnawà:ke Cannabis Control Law

15.1 There is established a standing committee to be known as the Cannabis Health and Safety Committee.
15.2 The Committee’s members will be confirmed by Council and will include one (1) representative, who must meet the eligibility criteria of
section 13.3, selected by each of the following organizations:
(a) Mohawk Council of Kahnawà:ke;
(b) Kateri Memorial Hospital Centre;
(c) Kahnawà:ke Shakotiia’takehnhas Community Services;

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(d) Kahnawà:ke Public Safety Unit; and
(e) any other appropriate agency.
15.3 The Committee will also include a Kanien’kehá:ka of Kahnawà:ke who meets the eligibility criteria of section 13.3, selected by a vote held
within the Community of Kahnawà:ke.
15.4 The Committee will on a continuing basis:
(a) monitor the impacts of this Law and the regulations on the health and safety of the Kanien’kehá:ka of Kahnawà:ke;
(b) make recommendations to Council or the Board for amendments to the Law or the regulations that the Committee finds
appropriate to minimize the harms of cannabis use within the Territory.
15.5 Council will provide the Committee such funding and resources as is required for the Committee to fulfill its mandate.

Licences
X X X X X

Kahnawà:ke Cannabis Control Law

16.1 No person may conduct any commercial cannabis activity within or from the Territory without holding both an appropriate licence issued
under this Law and the regulations, and an equivalent licence issued by Health Canada, where applicable.
16.2 The Board may issue a restricted number of licences in the following categories:
(a) Standard Cultivation Licence;
(b) Micro-cultivation Licence;
(c) Standard Processing Licence;
(d) Micro-processing Licence;
(e) Distribution Licence;
(f) Dispensary Licence; and

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(g) such other licence category that the Board may create by regulation.
16.3 A licence holder may hold a licence from more than one category.
16.4 Notwithstanding any other provision of this Law or the regulations, a Standard Cultivation Licence and a Standard Processing Licence will
only be issued to an entity in which Council, or an entity created by Council on behalf of the Community of Kahnawà:ke, has an ownership
interest to ensure a community-wide benefit.
16.5 A valid Standard Cultivation and Micro-Cultivation Licence will permit the licence holder to cultivate cannabis and sell the cannabis to the
holder of a valid Standard Processing Licence or Micro-processing Licence.
16.6 A valid Micro-cultivation Licence will permit the licence holder to conduct small-scale cultivation of cannabis plants and to produce
cannabis seeds, cannabis plants, fresh cannabis and dried cannabis for the purposes of sale to the holder of a Standard Cultivation Licence, a
Standard Processing Licence, a Micro-processing Licence or for export off the Territory to a processor or retailer who holds a valid licence
issued by a regulatory authority in the jurisdiction in which the product is being sold.
16.7 The holder of a Standard Cultivation Licence, a Micro-Cultivation Licence, a Standard Processing, a Micro-processing Licence or a
Distribution Licence must not sell cannabis directly to a consumer.
16.8 A valid Distribution Licence will permit the licence holder to distribute cannabis within the Territory for the purpose of sale by the holder
of a Dispensary Licence.
16.9 To effect distribution of cannabis outside the Territory, the holder of a Distribution Licence may also be required to obtain a licence from
a regulatory authority in the jurisdiction in which the cannabis is being distributed.
16.10 The holder of a Distribution Licence must obtain cannabis only from the holder of a Standard Cultivation, a Micro-Cultivation Licence, a
Standard Processing or a Microprocessing Licence.
16.11 A valid Dispensary Licence will permit the licence holder to sell cannabis to a person who has attained the prescribed legal age from a
dispensary located within the Territory.
16.12 All licence holders must comply with the provisions of this Law, the regulations, any conditions to which the licence may be subject and
all other laws, regulations and policies that are applicable within the Territory including but not limited to, the Mohawk Self-Insurance
Program and the Kahnawà:ke Labour Regime.

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16.13 All licences will be for a fixed term and may be revoked, amended, suspended or extended as the Board in its sole discretion deems
appropriate.
16.14 A licence is not valid unless and until any licensing fees and Mandatory Community Contributions prescribed by the Board have been
paid in full.
16.15 Licence holders will in recruiting, training and hiring employees, give preference to qualified Kanien’kehá:ka of Kahnawà:ke in all job
categories particularly management positions.
16.16 Subject to the requirements for each licence category, the only persons eligible to apply for a licence are:
(a) a natural person who:
(i) is a Kanien’kehá:ka of Kahnawà:ke;
(ii) has attained the full age of twenty-one (21) years old;
(iii) is resident within the Territory; and
(iv) who has no criminal conviction for an indictable offence or has received a full pardon for any such conviction.
(b) a band-empowered entity, corporation or partnership that is wholly owned and operated by one or more natural persons each of
who:
(i) is a Kanien’kehá:ka of Kahnawà:ke;
(ii) has attained the full age of twenty-one (21) years old;
(iii) is resident within the Territory; and
(iv) who has no criminal conviction for an indictable offence or has received a full pardon for any such conviction;
(c) a band-empowered entity, corporation or partnership in which the Council and one or more other business entities share a
commercial interest.
16.17 Notwithstanding the foregoing section, if the Board determines that it is appropriate from a regulatory perspective to do so, it may
issue a Standard Cultivation Licence and a Standard Processing Licence to an entity that is located outside the Territory, as long as the Board is
satisfied there is a benefit to the Community of Kahnawà:ke for doing so.

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16.18 No person is eligible to apply for or hold a Standard Cultivation Licence, a Microcultivation Licence, a Standard Processing or a Micro-
processing Licence, unless the facility from which operations are intended to be conducted has been inspected, certified and licensed by the
health and safety authorities designated by the Board, which may include Health Canada officials.
16.19 In consultation with the Health and Safety Committee, the Board may at any time and in its sole discretion limit the number of licences
that are issued in any category.
Government of Canada – see Cannabis Licensing Application Guide: Cultivation, Processing and Sale for Medical Purposes available at
https://www.canada.ca/content/dam/hc-sc/documents/services/drugs-medication/cannabis/industry-licensees-applicants/licensing-
summary/guide/CLAG%20EN%20v3.pdf
Note: For information about type of licenses see page 12 and Appendix B.

Dispensary Licences
X X X X X

Kahnawà:ke Cannabis Control Law

17.1 The Board will not issue or continue a Dispensary Licence to a person who intends to sell cannabis from a dispensary that is located:
(a) where the location or proposed location of the dispensary is in a building or area that is easily accessible by persons under the
prescribed legal age and such other buildings or areas as may be defined in the regulations; or
(b) where in the sole discretion of the Board the proposed location of the dispensary is likely to disturb or endanger the Community of
Kahnawà:ke.
17.2 The holder of a Dispensary Licence must not sell, barter, give or exchange:
(a) cannabis to a person who has not attained the prescribed legal age;
(b) cannabis to any person who is not a consumer;
(c) to any person, an amount of cannabis that exceeds the amount prescribed by the regulations; and
(d) cannabis that is not obtained from the holder of a Distribution Licence.

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9.3 Notwithstanding the foregoing, the Board shall include as a condition to every Licence that the Licence holder will only obtain Cannabis
from a producer who is:
(a) authorized to produce Cannabis under any of the MMAR, MMPR, ACMPR or Federal Act; or
(b) a member of the Cannabis Growers of Canada.
Gichi-Naaknigewin Nipissing First Nation Law – issues a permit
17. f. They agree to enter into an agreement with Nipissing First Nation in regards to Cannabis retail sales.
23. A Cannabis retail store permit will be valid for a maximum of three (3) year periods, unless extended by renewed, and may be suspended,
revoked or cancelled at any time with written reasons.
23. [sic] An Authorized Cannabis Retailer who has its Cannabis retail store permit or part thereof suspended, revoked or cancelled must
immediately cease all operations and post clear closed signage.
No person may sell Cannabis from a mobile or temporary structure, or a household dwelling where people normally reside. Commercial
Cannabis must be sold exclusively from the Authorized Cannabis Retailer’s Cannabis retail store.
No person shall permit a premises of which he or she is a landlord to be used in relation to an activity prohibited by this law.

Standards And Testing

X X X X X

Kahnawà:ke Cannabis Control Law

18.1 The Board will enact regulations to establish standards and testing procedures to ensure that all cannabis cultivated, processed,
distributed and sold within the Territory is consistently and reliably high-quality. For greater certainty, the Board will ensure its regulations are
consistent with the standards and testing procedures established by Health Canada.
18.2 The Board may engage Approved Agents, which may include representatives of Health Canada, to assist and advise the Board in relation
to:

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(a) the preparation of appropriate standards to be followed by facilities that intended to be used for the purpose of cultivating or
processing cannabis;
(b) inspections and certifications of facilities, equipment and materials used by facilities for the purpose of cultivating or processing
cannabis;
(c) testing of cannabis cultivated or processed by facilities licensed under this Law and the regulations; and
(d) the storage and handling of cannabis.
Government of Ontario, see Standards and Requirements, 26 (1). This section references the cannabis tracking system established under
section 81 of the Cannabis Act (Canada) available at https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/tracking-
system.html

Packaging and Labeling

X X X X X

Kahnawà:ke Cannabis Control Law

19.1 It is prohibited for a licence holder to sell cannabis in a package or with a label that does not conform to the requirements of comparable
requirements established by Health Canada.
19.2 The labeling of cannabis packages sold by a licence holder must include:
(a) the tetrahydrocannabinol (“THC”) or cannabidiol (“CBD”) content;
(b) a list of all ingredients, particularly if the cannabis products is edible, in the cannabis product;
(c) a control or batch number to enable tracking of the processing completion date and location of a cannabis product; and
(d) such other information as may be provided in the regulations.
Gichi-Naaknigewin Nipissing First Nation Law
47. A holder of a commercial Cannabis cultivation or production permit must keep written and electronic records of all Cannabis cultivated,
harvested, processed, sold, and delivered including:

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a) type of Cannabis;
b) Weight;
c) authorized Cannabis retailer purchaser;
d) address of authorized Cannabis retailer purchaser;
e) name of the receiver of product;
d) date;
48. A holder of a commercial Cannabis cultivation or production permit must report quantity of Cannabis sold and the permit number of the
Authorized Cannabis Retailer permit holder to the Nipissing First Nation on a quarterly basis.
Muscowpetung Saulteaux Nation Bylaw
13.5 All Cannabis offered for sale or stored in a Cannabis Store must be stored in food safe packaging and labeled with the following
information :
(a) the strain of Cannabis;
(b) the name of the Cannabis producer;
(c) the date and location of Cannabis production; and
(d) the quantity of Cannabis in grams.

Price Controls
NA X Not addressed Not addressed X

Kahnawà:ke Cannabis Control Law

20.1 To preserve the economic viability of the cannabis market in the Territory, the Board will establish minimum and maximum prices for
which any cannabis product can be sold:
(a) by a cultivator and processor to a distributor or a dispensary;

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(b) by a distributor to a dispensary; and
(c) by a dispensary to a consumer.
20.2 The amounts of the prices established by the Board for cannabis products:
(a) are in the Board’s sole discretion but will take into consideration the market prices of cannabis being sold off of the Territory;
(b) may be varied from time to time;
(c) will be communicated to each licence holder.
Government of Ontario, Minimum pricing
(3) If the regulations so provide, the holder of a retail store authorization shall not sell cannabis or a prescribed class of cannabis at a price
that is lower than the prescribed price for the cannabis or class of cannabis.

Point Of Sale Non-Onkwehón:we Royalty

NA NA NA NA X

Kahnawà:ke Cannabis Control Law

21.1 To preserve fairness in the cannabis market within and outside the Territory, when purchasing cannabis from a dispensary non-
Onkwehón:we consumers must pay an additional point of sale royalty equal to a percentage of the purchase price, to be established by the
Board. For greater certainty, Onkwehón:we consumers are exempt from paying the point of sale royalty.
21.2 The holder of a Dispensary Licence must:
(a) charge and collect the point of sale fee on all sales to non-Onkwehonwe consumers; and
(b) remit all point of sale fees to the Council on a monthly basis.
21.3 Council will use the amounts of point of sale fees collected under this Law to help fund underfunded projects, community initiatives and
other socio-economic projects within the Territory, including drug prevention and education initiatives.

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Mandatory Community Contributions

Not addressed Not addressed Not addressed X X

22.1 Unless the Council determines that the licence is for the purpose of operating a socioeconomic project, in addition to any licensing fees
prescribed by the Board, licence holders must remit to the Council a mandatory community contribution, the amount and frequency of which
will be determined by the Board in consultation with the Council.
22.2 A licence is not valid unless and until all mandatory community contributions have been paid in full.
22.3 Council will use the amounts of mandatory community contributions collected under this Law to help fund community initiatives within
the Territory.
Gichi-Naaknigewin Nipissing First Nation Law – alternative language
62. All Cannabis products shall include a community health and benefit fee.
63. There shall be imposed, collected on the volume of all Cannabis for sale a community health and benefit fee payable by the authorized
cannabis retailer to Nipissing First Nation at the time of delivery of Cannabis products.
64. The Nipissing First Nation shall set the rate of the community health and benefit fee on an annual basis by resolution of Chief and Council.
65. Nipissing First Nation may make regulations respecting the community health and benefit fee including financial reporting and
accountability.

Regulations
Includes some
X X X X
regulations

Kahnawà:ke Cannabis Control Law

23.1 The Board may enact such regulations it considers necessary to implement the provisions of this Law, including regulations respecting:

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(a) the creation of new categories for licences that may be issued under the regulations, which will include but not be limited to:
permitted activities, prohibitions and application requirement and procedures;
(b) the forms to be used and processes to be followed to apply for a licence;
(c) background and security investigations and credential verifications of owners, directors and key persons associated with applicants
and licence holders;
(d) background and security investigations and credential verifications of personnel, staff and companies contracted to conduct
business with or on behalf of a licence holder;
(e) the amount of application, annual and other fees to be charged for licences;
(f) in consultation with Council, the amount and frequency of Mandatory Community Contribution payments;
(g) the days and hours during which a dispensary may operate;
(h) the type of cannabis products that a dispensary may sell;
(i) the requirements to which the holder of a Micro-cultivation Licence will be subject, including but not limited to: quality assurance
standards, plant count, size of growing area, total production and gross revenue;
(j) limiting the total number of licences that will be issued;
(k) in consultation with Council, modifying the prescribed legal age that will apply for all purposes of this Law and the regulations;
(l) establish the maximum amount of cannabis that a dispensary can sell to a consumer within a specified period of time;
(m) the composition, strength, concentration, potency, purity or quality or any other property of cannabis or any class or type of
cannabis;
(n) standards and testing procedures to ensure that all cannabis cultivated, processed, distributed and sold within the Territory are
consistently and reliably high-quality;
(o) eligibility requirements to apply for or hold a Standard Cultivation Licence, Micro-cultivation Licence, Standard Processing Licence,
and Microprocessing Licence for the purpose of ensuring, among other things, that all facilities to be used by licence holders have
been inspected, certified and licensed by the appropriate health and safety authorities;

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(p) procedures for addressing accusations that a licence holder has breached the provisions of this Law or the regulations and, if a
finding of culpability is made, sanctions that may include suspending or revoking the licence and the imposition of fines up to One
Hundred Thousand ($100,000.00) Dollars per breach;
(q) the maintenance of public order, security and the safety of persons working in, and for customers of, dispensaries;
(r) processes and systems that cultivators, processors, distributors and dispensaries must use to ensure that:
(i) cannabis is safely handled and stored;
(ii) cannabis is not sold to anyone who has not attained the prescribed legal age;
(iii) no person can purchase an amount of cannabis that exceeds the amount prescribed by the regulations from a dispensary
or a combination of all dispensaries in the Territory;
(iv) the Board can accurately track all cannabis sold by a cultivator, processor, distributor and dispensary and the price at
which the cannabis is sold;
(v) dispensaries distinguish between sales to Onkwehón:we and non-Onkwehón:we consumers;
(vi) the Board can accurately verify that all mandatory community contributions and all point of sale fees have been charged,
collected and remitted as required by the Law;
(s) the maximum and minimum prices that for which any cannabis product can be sold by a cultivator, processor, distributor and
dispensary;
(t) the percentage that will be used to calculate the point of sale fee required for dispensary sales to non-Onkwehón:we consumers;
(u) the definition of “public area” for the purposes of this Law and the regulations;
(v) the definition of buildings or areas as the phrase is used in paragraph 17.1(a) of this Law;
(w) advertising and marketing that licence holders may or may not conduct;
(x) packaging and labeling requirements; and
(y) any other regulation necessarily required to achieve the purposes of this Law.
Gichi-Naaknigewin Nipissing First Nation Law

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24. A Cannabis retail store must:
(a) be physically separate from other non-cannabis related retail space in the building so that individuals under 21 may be restricted from the
area and restricted from viewing the retail space for cannabis;
(b) be a permanent commercial grade building and fully enclosed by physically with walls;
(b) be staffed with individuals over the age of 21;
(c) verify the age of all individuals by means of identification;
(d) have staff that are trained on compliance with federal, provincial and First Nation Cannabis laws and responsible Cannabis sales;
(e) not advertise nor promote their products by making reference to the medicinal or indigenous spirituality or culture;
(f) not sell edibles that could be mistaken as not containing Cannabis by children;
(g) restricted and limit to sales and promotion of Cannabis products and Cannabis accessories.
26. A holder of a retail store permit must be signatory and maintain in good standing a community health and benefit fee agreement with the
First Nation.

Review
Not reviewed X X Not addressed X

Kahnawà:ke Cannabis Control Law

24.1 A decision by the Board may be reviewed by the Administrative Tribunal in accordance with the Kahnawà:ke Justice Act and its applicable
regulations.

Enforcement
X X X X X

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Kahnawà:ke Cannabis Control Law
25.1 A breach of this Law or the regulations, if the breach is regulatory in nature, will be addressed by the Board in accordance with the
procedures established by the regulations and, if a finding of culpability is made, will be sanctioned in accordance with the provisions of the
regulations, which sanctions may include, but are not limited to, the imposition of a fine and the suspension, amendment or revocation of a
licence.
25.2 A breach of this Law or the regulations, if the breach is criminal in nature, will be investigated by the Kahnawà:ke Peacekeepers and,
where appropriate, criminal proceedings will be initiated and adjudicated in a court of competent jurisdiction.
25.3 Notwithstanding subsection 9.1 of this Law, any person under the prescribed legal age who is found to be in possession of small
quantities of cannabis or using cannabis within the Territory will not be subjected to criminal proceedings under this Law or any other
applicable law, but will be provided the opportunity to attend a class or program established by the Cannabis Health and Safety Committee, or
by another organization identified by the Cannabis Health and Safety Committee, for the purpose of educating young persons about the risks
associated with cannabis use.
Gichi-Naaknigewin Nipissing First Nation Law, Offences and Penalty
66. Every person who contravenes a section in Part 1 of this law is guilty of an offense and shall be required to participate in one or more First
Nation approved youth education or prevention programs, subject to any conditions.
67. Every person who contravenes a provision of this law is guilty of an offense
and on conviction is liable to a fine of:
a) Not more than $10,000 for each day of contravention of a section in Part 2 or 3 of this law exclusive of costs;
b) Forfeiture of any operating bond.
68. If a charge is laid against a person for a contravention of any section of this law, and an enforcement officer has reasonable grounds to
believe that a premises was used in the alleged contravention, the enforcement officer may cause the premises to be closed immediately and
any persons on the premises to be removed.
69. Nipissing First Nation may suspend, revoke or cancel any permits under this law at any time with written reasons.
70. Nipissing First Nation may appoint an enforcement officer(s) for the purposes of compliance with this law.

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71. The provisions of this law come into force on the day or days to be fixed by the Council of Nipissing First Nation by band council resolution.
Government of Ontario, Offences and Penalties, Penalty
40. On conviction for an offence under this Act,
(a) a corporation is liable to a fine of not more than $250,000; and
(b) an individual is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or both.

Concluding Matters
X X X X X

Kahnawà:ke Cannabis Control Law

26.1 If any part of this Law is found by a court of competent jurisdiction to be invalid, it may be severed and will not invalidate the
Law in its entirety.
26.2 This Law comes into force on the day it is enacted by Resolution of the Mohawk Council of Kahnawà:ke.
26.3 This Law may be amended in accordance with the procedure set forth in the Community Decision Making Process, as amended from time
to time.
Government of Canada, Review and Report
151.1 (1) Three years after this section comes into force, the Minister must cause a review of this Act and its administration and operation to
be conducted, including a review of the impact of this Act on public health and, in particular, on the health and consumption habits of young
persons in respect of cannabis use, the impact of cannabis on Indigenous persons and communities, and the impact of the cultivation of
cannabis plants in a dwelling-house.
(2) No later than 18 months after the day on which the review begins, the Minister must cause a report on the review, including any findings
or recommendations resulting from it, to be laid before each House of Parliament.
Government of Ontario, Review

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28.2 Within two years after the day on which the Cannabis Statute Law Amendment Act, 2018 receives Royal Assent, the Minister shall initiate
a review of any matters relating to the Corporation that the Minister considers advisable.

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