Senate’s proposed pot-swag ban called into question

TORONTO — A proposed ban on the use of cannabis brand elements on T-shirts and other swag would make it more difficult to stamp out the black market after legalization and have “significant” unintended consequences, licensed producers said Monday.

On Friday, the Senate adopted an amendment to Bill C-45, which is still being finalized, that would prohibit the use of cannabis brand elements on promotional items that are not marijuana or marijuana accessories. The bill and several amendments will come to a final vote in the Senate on Thursday before going back to the House of Commons.

The amendment is “unwarranted” and could have unintended consequences, such as barring the use of company logos on retail signage and flyers, said Allan Rewak, executive director of the industry association Cannabis Council of Canada.

“It’s a messy amendment that will have significant implications far beyond than the idea of Tshirts and hats,” he said.

Licensed producer Tantalus Labs’ managing director Dan Sutton added that non-cannabis accessories, such as caps with the producer’s branding, are a useful tool in differentiating their products from the illicit marijuana already being purchased.

“Black market cannabis is likely to continue to be prevalent ... we need all the weapons we can get,” he said.

Bill C-45 in its current form already prohibits advertising of cannabis products in traditional radio or television ads. As well, Health Canada unveiled its guidelines for cannabis packaging in March, which requires packages to be a single, uniform colour without images or graphics other than the logo and a health warning. However, the bill does allow companies to distribute promotional products with their brand logo.

Sen. Judith Seidman, who put forth the amendment, said we are already seeing a “proliferation” of products such as T-shirts with marijuana company logos thanks to the allowance, which undoubtedly appeal to youth.

“My amendment fixes that loophole, closes what I could call the backdoor on marijuana marketing,” she said.

Past experience with tobacco showed partial advertising restrictions were ineffective, so it was important to have a full ban in place, said Seidman.

“We have a unique opportunity with a new product to do the right thing; we should learn from our past mistakes.”