Wednesday 13 February 2019

Set the pot market free

The state shouldn't give incumbents an oligopoly on recreational marijuana sales.

Joe Cahill

Getty Images 
 
Funny how businesses generally decry government interference—unless it helps their business.

Consider Illinois marijuana producers’ campaign for government aid. As my colleague Brigid Sweeney reported in this week’s issue of Crain’s, companies holding 21 licenses to produce medicinal marijuana want legislation legalizing recreational use to include a moratorium on new state licenses for commercial-scale production.

In other words, they want a government-mandated oligopoly on a recreational-use market worth an estimated $1.6 billion annually. The moratorium likely would last a year or more, plenty of time for incumbents to build the brand recognition, commercial relationships and scale economies to ward off new competitors.

They’ve apparently found a sympathetic ear among lawmakers crafting recreational-use legislation that Gov. J.B. Pritzker is expected to sign. Worried about “oversupply,” State Sen. Heather Steans plans to commission a study to determine how many commercial licenses Illinois needs.

That’s a question for markets to decide, not government. Restricting market access to a predetermined number of companies smacks of Soviet-style central planning. Imagine the reaction if state legislators presumed to decide how many soybean or corn farms Illinois needs.

Yes, marijuana is an intoxicant that requires closer oversight than other commercial commodities. 

As with alcohol, a degree of government regulation is needed to protect the public. But regulation should address only matters germane to public health and safety. Any company that can meet appropriate health and safety standards should be allowed to compete.

Barring new licenses—even temporarily­—doesn’t protect the public. In fact, it harms the public by denying consumers the benefits of free competition. Open markets foster innovation and inhibit price-gouging. Closed markets empower incumbents to raise prices and dilute incentives to improve products.

Who does a limit on new licenses protect? Incumbents, of course. They would get sole possession of a lucrative, fast-growing market for some period of time after Illinois legalizes recreational marijuana use. Their chances of earning a healthy return on millions invested in production capacity would improve dramatically.

Government has no business bestowing monopolies or securing anybody’s return on investment. Incumbent marijuana companies took a business risk when they invested millions in Illinois—companies across the economy take the same kind of risk every day. Anybody willing to make a similar investment in Illinois’ marijuana market should have an equal chance to compete.

Arguments in favor of restricting competition amount to little more than horror stories. Some warn that excess production could spur exports of Illinois marijuana to states where pot remains illegal.

That’s a matter for law enforcement.

Restrictionists point to Oregon as a cautionary tale. Holders of more than 1,000 licenses issued by that state harvested bumper crops in 2017 and 2018, creating a massive glut. Prices plunged, producers went under and jobs were lost.

Welcome to capitalism. New (or newly legal) industries often undergo such shakeouts as supply and demand seek equilibrium. Government can’t divine the proper balance beforehand.

Backers of a moratorium on commercial-scale licenses also argue that Illinois can foster competition by issuing “craft grower” licenses for small-scale production. No surprise there. Craft licensees would be lack the capacity to compete effectively in the mass market that incumbents want to fence off.

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