ArcView Group Executive Summary: The State of Legal Marijuana Markets 5th Edition
ArcView Group Executive Summary: The State of Legal Marijuana Markets 5th Edition
ArcView Group Executive Summary: The State of Legal Marijuana Markets 5th Edition
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Executive Summary
Its hard to imagine a more unique industry than the cannabis industry, or one
that is growing and changing faster.
If you are looking to make decisions regarding your involvement in this nascent,
but fast-maturing industry, you deserve access to the best data and analysis
to plot your course. Arcview has helped people like you navigate this complex
business and political environment since 2010.
Troy Dayton, CEO
The Arcview Group As the leading publisher in researching and understanding the legal sale and
distribution of cannabis, Arcview Market Research brings unparalleled expertise
and insight to the task. In an effort to stay on the cutting edge of data and
analysis we are pleased to partner with BDS Analytics on this edition. We chose
BDS Analytics because they have a comprehensive and meticulous data set
backed up by point-of-sale transaction data.
1
Im also excited to introduce you to Tom Adams, Arcviews new Editor-In-Chief.
Tom Adams created the projections and analysis that pioneers of the home
video revolution and later the broadband internet revolution relied on. He now
brings that tremendous experience and insight to todays business boom.
Tom Adams, As the leading group of high net worth investors in the cannabis industry,
Editor-in-Chief The Arcview Group believes that investment in quality market data and analysis
will pay dividends in a market where mistakes can be costly and where getting
up and staying up to speed quickly is crucial.
I invite you to consider ordering the full 200+ page report that will be released
in a few weeks. If you do, you will also get a robust mid-year update later in the
year. For the cost of an hour or two of a top experts time you can access the
data and analysis that are the result of thousands of hours of painstaking effort.
Sincerely,
Troy Dayton,
CEO The Arcview Group
Cannasure.com
Executive Summary
A Year Of Substantial
Gains Across The Industry
The legal cannabis industry accelerated at
a remarkable pace in 2016. North American
consumers spent $6.7 billion on legal cannabis
products, up 34% from 2015.
Cannabis is now legally sold in state- reduced traditional dried flowers to
of-the-art retail dispensaries with less than 56% of the business.
computer-based inventory and sales More states passed laws to open new
tracking, fully regulated and taxed by markets and expand existing ones in
their state governments just like any 2016 than in any previous year. These
other product category. Entrepreneurs new markets will drive sustained
are modernizing the product just as revenue growth in the years ahead. The
quickly. Many successful brands have legislatures of Pennsylvania and Ohio
launched extracts, edibles, topicals, legalized medical cannabis in those major
and other types of products that are swing states, while voters in California,
3 leading consumers to spend more and, Maine, Nevada, and Massachusetts
in cutting-edge Colorado, they have passed adult-use initiatives and Arkansas,
$25 BILLION
10.7B
$15 BILLION
7.6B
$10 BILLION
4.2B
2.5B
$5 BILLION 1.8B
970M
$25 BILLION
$20 BILLION
$15 BILLION
$10 BILLION
$5 BILLION
$0
1 2 3 4 5 6
North Dakota, Florida, and Montana annual growth across the following 4
voters passed medical cannabis laws. five years. Cable television came close,
The blistering 34% compound annual growing 19% annually in the late 1980s
growth rate (CAGR) from 2014 to 2016 as national networks like CNN and HBO
was driven primarily by Colorado and proved to be wildly popular. Broadband
Washington initiating adult-use sales. internet subscription spending grew
This rate of growth will subside
somewhat in 2017 to 22%, as the eight Very few consumer industry categories reach
states that voted to open or expand $5 billion in annual spending and then post
their cannabis markets on Election Day anything like 25% compound annual growth
in November 2016 work to implement
across the following five years.
the new programs. But Arcview
Market Research forecasts growth will
reaccelerate beginning in 2018, as adult- 29% per annum in the early 2000s as
use sales ramp up in Canada, California, it became almost as much of a must-
and Massachusetts along with medical have utility as electricity or television
sales in Florida. That will grow the for the modern home. What became the
$6.7-billion market of 2016 at a robust ubiquitous home video business that
27% CAGR to $22.6 billion in 2021 (see birthed the great Blockbuster success
graph prior page). story only grew at a 12% CAGR after
reaching $5 billion in revenue in 1988
Very few consumer industry categories (see graph, above).
reach $5 billion in annual spending and
then post anything like 25% compound
Arcview is the #1 source of deal flow in the fastest growing industry. If you qualify as a high net worth
accredited investor or if you are an entrepreneur raising capital, Arcview might be right for you.
Executive Summary
That 20+% annual growth rate is likely Canada and Mexico are included in
to continue for many years past 2021 Arcviews North American market
as more states and countries legalize projections for the first time and
cannabis. Arcview includes 30 states analyzed throughout this 5th Edition
plus Canada with active legal markets of The State of Legal Marijuana Markets.
by 2021 in its model, but in many of The expected roll-out of Canadas
the largest markets, like New York and adult-use market is analyzed in Chapter
Florida, sales are expected to remain 3. The U.S. northern neighbor may be
limited to medical-use. In the 2021-2026 the world leader in moving toward a
period, however, many of these states well-regulated legal cannabis industry.
will build robust legal adult-use markets, Countries around the world are already
and all but a few states will make responding to the state-by-state
medical cannabis available legally. dismantling of prohibition in America
Its also likely that US federal prohibition the chief exporter of the War on Drugs
will be repealed during that period, for decadesby moving to allow
which would fuel explosive growth. medical use (as in Australia, Germany,
and Colombia) or to outright legalization
(as in Uruguay).
6
Gallup Poll: U.S. Support for Legal Marijuana
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0
1969 1972 1973 1977 1979 1980 1985 1995 2000 2001 2003 2005 2009 2010 2011 2012 2013 2014 2015 2016
Robust growth through 2021 and beyond One key reason support for legalization
in the United States is predicted even if is spreading so rapidly is that it is
the US Justice Department opposes the accomplishing a key goal: the illicit
cannabis industry. Chapter 2 provides market is shrinking. The illicit market
a detailed analysis of why that kind of grew steadily throughout the last
reversal in policy is unlikely, but a major 40 years of the War on Drugs to what
one is the popularity of legal cannabis. Arcview estimates was a North American
total of $46.8 billion when adult-use
Polls show that 80% of Americans
sales first began in 2014 in Colorado and
approve of legal access to medical
Washington. Illicit sales are now being
cannabis and 60% approve of full adult-
rolled back at the fastest rates in those
use legalization (see graph, prior page). states with the most mature legal adult-
That level of agreement is rare on any use markets (see graph, below). Most
policy issue and its allowing elected dramatically, what Arcview estimates was
officials across the political spectrum to a $1-billion illicit market in Colorado is now
start to move past the stigma previously less than $500 million, which represents
associated with this issue. just 27% of a $1.8-billion overall market.
Illegal
States
100%
USA
90% Average
80%
70%
60%
50%
40%
30%
20% 100% 98% 97% 91% 88% 74% 51% 49% 27%
10%
0
Illinois Alaska DC California Washington Oregon Colorado
Hawaii
Circuit Court of Appeals in United States marijuana enforcement under the CSA.
v. McIntosh, which further buttresses The Cole Memo guidance applies to
the amendments ability to protect all of the DOJs federal enforcement
people and businesses involved with the activity, including civil enforcement, and
medical marijuana industry from legal criminal investigations and prosecutions,
or criminal actions at the federal level. concerning marijuana in all states.
But, as a budget amendment, lawmakers
must approve the language every
year. By the summer of 2017, Congress Sessions, while speaking vehemently against
will begin wrestling with the new cannabis legalization, has indicated that he
appropriations bill, possibly reopening thinks the Cole Memorandum is largely sound
the Rohrabacher-Farr amendment and that he is not planning a large scale
discussion and considering expanding
crackdown.
the protections to cover adult-use states.
Attorney General Jeff Sessions, while The Cole Memo essentially provides
speaking vehemently against cannabis a series of guiding principles that
legalization, has indicated that he thinks businesses must address to avoid federal
the Cole Memorandum is largely sound intervention. If businesses follow the
and that he is not planning a large scale laws of the state, do not divert product 12
crackdown. out of state, keep product out of the
hands of children, do not support
But he hinted that he may be much more cartels, and do not launder monies,
stringent about the guidelines set out then the federal government will take
in the Cole Memo and possibly make a hands-off approach to cannabis
the guidelines more strict. He has also
law enforcement. With more states
reiterated many times that anybody
expanding their medical programs into
selling or possessing cannabis is violating
adult use, the question remains whether
federal law.
the DOJ will continue to be tolerant as
the cannabis industry continues to grow.
The Cole Memorandum
The other key federal protection the During his January testimony, Sessions
industry has from the full implications told Sen. Patrick Leahy (D-VT) that while
of the CSA, which makes it illegal under he, wont commit to never enforcing
federal law to manufacture, distribute federal law, enforcing federal law in
or dispense marijuana, is the Cole regards to cannabis nationwide is a
Memorandum. On August 29, 2013, US problem of resources for the federal
Department of Justice (DOJ) Deputy government. He also told Sen. Mike Lee
Attorney General James M. Cole issued (R-UT) that, its not the Attorney Generals
a memorandum to all United States job to decide what laws to enforce, and
Attorneys providing updated guidance suggested if Congress wants marijuana to
to federal prosecutors concerning be legal, it should vote to make it so.
Beyond the threat of prosecution and Internal Revenue Service (IRS) rule 280E
asset forfeiture, the chief federal-level seriously impacts profitability and cash
issue faced by cannabis businesses is lack flow for cannabis businesses. The IRS
of access to the banking system. While it wrote 280E into the tax code to punish
is not actually illegal for banks to provide drug traffickers. The rule prohibits taking
services to cannabis businesses, the expenses associated with selling illicit
regulatory burden for banks seeking to substances (read: operating expenses)
support cannabis businesses is so onerous as deductions on federal income tax
and costly that the major players do not statements. As a result, many cannabis
see a workable business model and so businesses pay effective tax rates of up
have shunned the cannabis industry. to 70%, while most other businesses pay
rates closer to 30%.
In some states, this void in banking
services is being filled by community More than two-thirds of Americans now live
banks and credit unions. Some of these in jurisdictions that have legalized either the
smaller financial institutions, however, medical or adult use of marijuana. Its time
are unable to process the volume of cash for the federal government to catch up,
deposits that larger cannabis businesses said Blumenauer
make on a regular basis. In response, a 14
variety of tech start-ups are developing
In April 2015, two Democratic members
ways to make it less burdensome for banks
of Congress from Oregon, Rep. Earl
to embrace cannabis business clients. This
Blumenauer and Sen. Ron Wyden,
cobbled-together approach of using cash,
introduced the Small Business Tax Equity
small banks, and technology work-arounds Act of 2015, which has bipartisan co-
is inadequate for a swiftly-growing, multi- sponsors in both houses of Congress. The
billion-dollar industry. bill would remove the burdens of 280E
from legal cannabis businesses.
Fortunately, the industrys banking More than two-thirds of Americans
situation is improving. Just two years now live in jurisdictions that have
ago, the US Department of the Treasury legalized either the medical or adult
permitted banks to work with cannabis use of marijuana. Its time for the
businesses, provided they follow a series federal government to catch up, said
of guidelines. In 2014, only 51 banks Blumenauer. In March, Americans for Tax
and credit unions worked with cannabis Reforms Grover Norquist indicated that
companies; that number vaulted to 301 he was hopeful that the tax issues facing
in 2016. Thats an improvement, but it the cannabis industry could be fixed in
represents less than 3% of the nations the upcoming Congressional overhaul of
11,954 banks and credit unions. the tax code.
In the States
Despite mixed signals from Washington, The medical industry can be a
D.C., the cannabis legalization experiment tremendous asset to a state wanting
pushed forward in the states. In the to expand into the adult-use space.
rapidly growing cannabis industry of Colorado did it right, by offering the first
2016, investors, regulators, and businesses adult-sales licenses to medical operators
hoped to glean important information who have the knowledge and experience
from the first-movers. Other states are to ensure a successful adult-use roll out.
using Colorado, Washington, and Oregon
as models as they expand into the Seed-to-sale tracking data is required to
medical or adult-use space. Key lessons regulate this industry and avoid federal
have been learned from the roll-out in
intervention. However, actionable data on
each state:
consumer preferences is the next green
rush in auxiliary cannabis businesses as
None of the direst warnings from opponents consumers explore new cannabis options
of legalization have come to pass. like consumables, topicals, and tinctures.
Excessively high taxes drive a wedge After realizing that protectionist, resident-
between the regulated market price and only licensing policies were limiting
15
the illicit one. If a neighboring state has a the growth of the industry, Oregon
better tax rate, consumers will take their opened the cannabis market to outside
business across the border. Keeping taxes investment. Colorado and Washington
low helps consumers move from the illicit are now playing catch-up. Standardized
market to the regulated one. Washington testing is essential to ensuring public
made this mistake, and Oregon came safety as well as consistency and quality.
close; other adult-use states can learn Oregon was the first to move in this
from those mistakes. Keeping taxes direction, but testing requirements
between 10% and 15% seems to generate that went into effect October 1 without
the highest tax revenue. adequate lead time were among the
regulator-inflicted wounds Oregon
Regulations and compliance costs can
delivered to the industry in 2016.
crush an industry before it gets out of
the gate. Implementing regulations that
Each of the three major adult-use states
are too onerous can inhibit the growth
of legal markets. Oregons retailers and have had their regulatory successes,
growers were crushed twice in 2016 due but missed the mark on certain issues
to over-regulation and scores of companies which hampered the development of the
went out of business as a result. Regulators business. Unintended consequences have
must balance protecting public safety been rife, but their experiments have
against the economic development, jobs, created a body of work from which others
and tax revenue from this lucrative may learn. Many of these lessons are
start-up industry. analyzed in the report that follows.
According to two major public health California accounted for 27% of the 2016
agencies in separate studies published legal market in North America, Colorado
last year, none of the direst warnings
represented 20% and Washington
from opponents of legalization have
come to pass. The annual Survey on Drug represented 11%.
Use and Health from the Department of
Health and Human Services Substance
In early 2016, Marijuana Business Daily
Abuse and Mental Health Services 16
reported that at least 100 Facebook
Administration (SAMHSA) shows that
accounts had been shuttered during the
even as reported adult use rose in
previous month alone. The same story
Colorado in the first two years of legal elicited a rare email response from a
sales, teen use of cannabis declined. Facebook spokesperson who said that the
company forbids content that promotes
Additionally, a study was accepted the sale of marijuana regardless of state
in November for publication by the or country. This includes marijuana
American Public Health Association dispensaries. Marijuana-related content
showing that Both MMLs (medical that does not promote the sale of
marijuana laws) and dispensaries were cannabis is permitted.
associated with reductions in traffic
fatalities, especially among those aged Cannabis firms can petition social media
25 to 44 years. Also in November, the companies, particularly Facebook and
journal of the American Association for Instagram, to reinstate their accounts, and
the Advancement of Science published sometimes they succeed. But the process
a study finding that the annual rate can be unwieldy and time-consuming,
of deaths due to overdose on opioid and the outcome is uncertain.
painkillers was nearly 25% lower in states
that permitted medical marijuana, and Because cities and states across the
that the effect had grown stronger in nation with legal cannabis regulatory
the five years after states approved regimes implement different rules about
medical marijuana. how (and whether) cannabis firms can
advertise their businesses, the loss of The implication is that population does
social media access is another hurdle not necessarily correlate with the size
cannabis firms face as they develop their and scope of the opportunity in these
brands and try to engage consumers. early years. Eventually, the population of
the states will determine which cannabis
In response, entrepreneurs have created markets are the largest, but for the next five
social media platforms dedicated entirely years (barring a significant shake-up in the
to cannabis, including MassRoots, legalization timeline) the leading markets
TokeWith, HighThere, and more. These have already emerged. California, Colorado,
sites give cannabis companies safe Canada, Washington, and Michigan remain
places to build brands, but they lack the on track to lead in sales volume.
commercial power and reach of Facebook
and Instagram, which boast more than BDS Analytics retail tracking data allows
1 billion and 500 million active users, a deeper dive into three of the most
respectively. MassRoots, the largest of the important markets: Colorado, Washington
cannabis social media networks has just and Oregon. Analysis of the retail channel
900,000 users. shows strong opportunities for both
existing and new businesses in each
state. In 2016, cannabis sales averaged
In the Retail Market
$1.98 million per retail location in
Colorados adult-use market and $896,000
17 North American consumers spent
per location in the medical channel.
$6.7 billion on legal cannabis products
In Washington state where medical
in 2016, up 34% from $5.0 billion in
dispensaries were shut down in favor of
2015. The growth continues a robust
the adult-use market, the 357 remaining
pattern that Arcview estimates will lead
retailers averaged $1.55 million in sales
to a $22.6-bilion market in 2021 at a
per location. Oregons 350 retail outlets
27% compound annual growth rate.
selling cannabis to adult shoppers
While Canada is included in Arcviews
generated $238 million in sales or nearly
market view for the first time, the $672,000 per location, and Oregons
United States represented 87% of legal 381 medical dispensaries experienced
spending in 2016. California accounted average sales per location of $294,000
for 27% of the 2016 legal market in North over the same period (see table. page 18).
America, Colorado represented 20% and While Oregon, Washington and Colorado
Washington represented 11%. are relatively small states in terms of total
population, an existing tourism market
Of the top 10 markets, three already and their first-mover status in the adult-
have adult use sales (Oregon, Washington, use market will help them maintain their
and Colorado), three have just won leadership in terms of market size and
legalization elections (California, investment opportunities.
Massachusetts and Nevada), and four
more (Michigan, Arizona and Canada) In addition to tracking the state of the
are expected to have implemented legal market, and to better assess the
adult-use programs in the next five years. full potential of that market, Arcview
100% 18
4% 4% 3% 3% 4% 4% 5%
90%
12% 12% 12% 12% 13% 14% 14%
80%
60%
50%
40%
30%
65% 64% 63% 60% 57% 56% 56%
20%
10%
0
2015 2015 2015 2015 2016 2016 2016
Q1 Q2 Q3 Q4 Q1 Q2 Q3
adult-use channel in July 2016, the means that by Q3 2016 over 40% of all
transformation in category happened products sold, representing over
almost overnight. Concentrates quickly $150 million, were branded. Thats a
picked up 19% of the market, while pre- 260% increase from only 27% of sales
rolls took 8% and edibles 7%. ($42 million) just 2 years earlier.
400.00
350.00
300.00
250.00
200.00
150.00
100.00
50.00
Dec. 31 Jan. 31 Feb. 28 Mar. 31 Apr. 30 May. 31 Jun. 30 Jul. 31 Aug. 31 Sep. 30 Oct. 31 Nov. 30 Dec. 31 Jan. 31 Feb. 28 Mar. 31 Apr. 30 May. 31 Jun. 30 Jul. 31 Aug. 31 Sep. 30 Oct. 31 Nov. 30
2014 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015 2015
the Trump Administration has hurt report on cannabis in 2015, it was very
public stocks, and institutional players narrowly focused on the opportunity
may hang back, the administration is for life science tool (LST) makers to sell
unlikely to have much impact on the equipment to state-mandated testing
projected growth of the market. This facilities. On September 12, 2016, Cowen
could be a time-limited opportunity & Company published The Cannabis
for other investors to get good Compendium, the first comprehensive
deals on companies while perceived analysis by a Wall St. firm, in which 10
uncertainty has reduced valuations.
analysts across consumer, regulatory,
and health care sectors analyzed the
Unprecedented interest from Wall St.
potential of companies in the event of
was seen in 2016. Although Merrill
full federal legalization.
Lynch published the first research
22
$90 Million 130
$60 Million 80
$50 Million 60
$40 Million 40
$30 Million 20
0 0
2013 2014 2015 2016
Deal Value Number of Companies Note: Total investments made by Arcview investor members
into companies that came through Arcview (cumulative.)