Allen & Overy | Legal & Regulatory Update View this email in your browser

Cannabis Legal & Regulatory Update January ­ March 2019

PDF version

The A&O view

In the last couple of months, the WHO Expert Committee on Drug Dependence (ECDD)’s recommendations on rescheduling cannabis and its derivatives in the international drug conventions have filled the cannabis industry with hope. Removing cannabis from the strictest Schedule IV (also including heroin and ) is a logical – and overdue – step given the well­established medical use of the plant. However, in particular a vote in favour of removing cannabis “extracts and tinctures” from Schedule I (as recommended by the ECDD) may open up new possibilities for the CBD industry, which often faces legal hurdles on this basis given that CBD is not a scheduled substance in itself.

We may soon expect approval of the first EU­wide approved cannabis­based medicine (Epidyolex®), and the European Parliament Resolution on the use of cannabis for medical purposes, which clearly recognises its medical use and specifically calls on the EU Commission and Member States for more research and innovation in this respect, will likely make us see more of these in the future. Many EU member states and other countries have recently authorised medical cannabis (e.g. UK) or are in the process of doing so (e.g. France), in order to provide access to patients but simultaneously being aware of the extra source of state income such authorisation represents.

These positive recent developments in the medical sphere could nevertheless reinforce the idea of only two categories of cannabis – licit medical use vs. illicit recreational use – without taking into account the broad category of hemp­derived products (e.g. in the paper and construction industry, but also in cosmetics, food supplements, etc.) sold legally throughout Europe. It is more than time that EU authorities clarify their interpretation of the rules with respect to such “well­being” products, but the recent (non­binding) Novel Food Catalogue update – suggesting an overly restrictive rather than tailored approach – will provide the emerging CBD industry with food for thought for at least the months to come…

Enjoy the newsletter!

CONTENT

__1. HIGHLIGHTS

__2. LATEST LAWS, REGULATORY GUIDANCE AND ENFORCEMENT ACTIONS ___2.1. Medical Cannabis ___2.2. Well­Being Cannabis ___2.3. Recreational Cannabis

__3. SELECTED INDUSTRY AND MARKET NEWS

_1. HIGHLIGHTS

UNITED NATIONS – WHO Expert Committee on Drug Dependence (ECDD) releases recommendations on rescheduling cannabis and derivatives under International Law

On 24 January 2019, the WHO Expert Committee on Drug Dependence (ECDD) published its letter addressed to the Secretary­General of the United Nations summarising the recommendations of its 41st meeting. The ECCD advocates inter alia, for the deletion of cannabis and cannabis resin from Schedule IV and the deletion of extracts and tinctures of cannabis from Schedule I of the Single Convention on Narcotic Drugs (1961). However, the United Nations Commission on Narcotic Drugs (CND) vote, which is required to approve the ECDD recommendations and was originally scheduled on 7 March 2019, has been postponed.

The ECDD letter is available here, an extract from the ECDD report here and a related article here

EUROPEAN UNION – European Parliament adopts a motion for a resolution calling for more research and innovation regarding medical cannabis

On 13 February 2019, the European Parliament adopted a motion for a resolution related to the use of cannabis for medical purposes. The motion clearly recognises the medical use of cannabis and calls for more research and innovation regarding medical cannabis. MEPs also call on the Commission and national authorities to draw a clearer distinction between medical cannabis and other uses of cannabis.

The amended draft resolution is available here and the Parliament press release here

EUROPEAN UNION – European authorities clarify cannabinoid status under Novel Foods Regulation

In January 2019, European authorities updated the Novel Food Catalogue in an attempt to clarify the status of products derived from the Cannabis Sativa L. plant and cannabinoids under the Novel Foods Regulation. The “Cannabis Sativa L” entry was updated, and specifically recognises that certain parts of the plant (e.g. seeds) are not novel. In contrast, the “Cannabidiol (CBD)” entry was deleted and replaced by a more general “cannabinoid” entry, which now states that products containing cannabinoids are considered novel foods.

The Novel Foods Regulation is available here and the Novel Food Catalogue here

_2. LATEST LAWS, REGULATORY GUIDANCE AND ENFORCEMENT ACTIONS

2.1. MEDICAL CANNABIS

ARGENTINA – National Security Ministry approves first cultivation project for medical cannabis On 4 February 2019, the National Security Ministry authorised the first company (in history!) to cultivate cannabis for medical purposes in Argentina by approving the security protocol proposed by Cannabis Avãtara State Society (together with its partner Players Network – Green Leaf Farms International).

The resolution is available here (ES) and a related article here

BELGIUM – House of Representatives approves motion for resolution in favour of medical cannabis

On 27 February 2019, the Belgian House of Representatives’ Health Committee approved the motion for a resolution in favour of cannabis for medical use. The motion aims to create a Cannabis Office (under control of the Belgian State) which would supervise medical cannabis cultivation and trade. It also seeks to enlarge the scope of prescribing cannabis for medical purposes.

The motion is available here (FR and NL) and a related article here

CYPRUS – Legislators pass a bill authorising medical cannabis under specific conditions

On 15 February 2019, legislators adopted an amendment to the Narcotic Drugs and Psychotropic Substances Law which permits, under certain conditions and subject to a specific licence, the cultivation of medical cannabis and regulates its import/export, production and distribution, as well as its use for scientific research.

A related article is available here

DENMARK – Denmark implements measures to allow reimbursement and export of medical cannabis

On 1 January, 2019, a special reimbursement scheme for medical cannabis entered into force which allows Danish citizens to obtain reimbursement for medical cannabis that has been prescribed in the context of the four­year pilot programme. This reimbursement scheme will apply retroactively to purchases made in 2018.

The explanatory note of the Danish Medicines Agency is available here

On the same date, an executive order of the Danish Government on cultivation, manufacture and distribution of cannabis entered into force and now authorises bulk exports of medical cannabis (subject to requisite permits), whereas previously only single­dosage medical cannabis exports were allowed.

The executive order is available here (DA) and a related article here

FRANCE – Health Agency alerts epileptic patients on the risks related to the use of (unauthorised) cannabidiol (CBD) products sold online

On 22 January 2019, the National Agency for Medicines and Health Products Safety (ANSM) published an information note reminding patients suffering from epilepsy of the potential health risks related to purchasing CBD products outside the legal circuit, in particular on unauthorised websites.

The ANSM information note is available here (FR) FRANCE – Health Agency’s Temporary Specialised Scientific Committee (CSST) pursues its activities regarding the authorisation of medical cannabis in France

On 30 January 2019, the ANSM announced, after having endorsed the CSST’s recommendation to authorise medical cannabis, that the committee will pursue its work on the modalities of making cannabis available for therapeutic purposes in France. In a first phase, the CSST will focus on possible methods of administration, and in a second phase, on the prescription and dispensing modalities of medical cannabis.

The ANSM press release is available here (FR) and the CSST meetings are available here (FR)

GERMANY – Health Agency will grant first medical cannabis cultivation contract in Q2 of 2019

On 28 January 2019, The German Federal Institute for Drugs and Medical Devices (BfArM), after having received 79 bids for the cultivation of medical , announced that the contract will be awarded in the second quarter of 2019 for a total medical cannabis procurement volume of 10,400 kg over four years. Germany’s first home­grown harvest could take place in late 2020.

The press release is available here (DE) and a related article here

IRELAND – Medical cannabis legally prescribed for 16 patients

On 19 February 2019, the Minister of Health, when questioned on the progress of medical cannabis access in Ireland answered that, inter alia, 29 licences to prescribe medical cannabis had been already granted for 16 different patients. He also indicated that clinical guidance for healthcare professionals had been drawn up but that the full operation of the Access Programme was still pending.

The Minister’s written answer is available here

ISRAEL – Israeli Government approves law allowing medical cannabis export

On 27 January 2019, the Israeli Government approved the bill passed by Parliament on 25 December 2018, which will allow Israeli medical cannabis production to be exported worldwide. The government expects to boost the agricultural sector and generate new tax income from such export.

A related article is available here

NEW ZEALAND – Government grants first licence to cultivate high­THC cannabis for medical research purposes

On 20 January 2019, following an amendment of the Misuse of Drug (Medicinal Cannabis) Act expanding the rules for importing cannabis from low­THC hemp varieties to also include high­ THC cannabis strains, Hikurangi Cannabis, a leading medical cannabis R&D company, was granted an upgraded license to cultivate 16 new cannabis cultivars, including cannabis strains with a high level of THC.

A related article is available here PERU – Government adopts decree regulating the medical use of cannabis

On 23 February 2019, the supreme decree approving the Regulation on Law No. 30681 regulating the medical use of cannabis and its derivatives was published. The decree deals with the registration of patients who can access cannabis treatments and the companies and institutions that are allowed to carry out production and marketing activities.

The decree is available here (ES) and a related article here

SOUTH AFRICA – Health Agency reaffirms the status of cannabis­containing products and the cultivation of cannabis for medical use

On 4 February 2019, the South African Health Products Regulatory Authority (SAHPRA), following the Constitutional Court judgement of September 2018 decriminalising cannabis for private use and growth, reminded that homemade cannabis­based products (including oils), which are currently sold in South Africa for alleged medical purposes despite not being registered or approved, are illegal and expose both users and suppliers to legal and health risks.

The SAHPRA statement is available here

THAILAND – Thai FDA clarifies amnesty conditions for possession of cannabis for medical purposes

On 4 March 2019, following the legalisation of the medical use of cannabis on 25 December 2018, the Thai Food and Drug Administration (FDA) urged amnesty seekers to prepare all necessary documents when making their submissions such as an official medical certificate which specifies their symptoms.

A related article is available here

US – FDA grants orphan drug designation to cannabinoid­based medicinal product

On 29 January 2019, the U.S. Food and Drug Administration (FDA) granted orphan drug designation to MMJ International’s cannabis­derived product (containing THC and CBD) for the treatment of Huntington's disease. This designation provides the company with incentives such as tax credits and seven­year market exclusivity in case of FDA approval.

The orphan designation status is available here and a related article here

ZIMBABWE – Ministry of Health grants first license for medical cannabis

On 7 March, nearly a year after Zimbabwe legalised cultivation for medicinal and scientific purposes, the Ministry of Health granted a first license to produce medical cannabis to Precision Cannabis Therapeutics.

A related article is available here

2.2. WELL­BEING CANNABIS FRANCE – First acquittal of hemp­based product retailers

On 28 January 2019, the First Instance Court of Bonneville pronounced the acquittal of store managers, which had been prosecuted for selling hemp­based products in France, on the basis that such products are allegedly compliant with EU law. French Courts previously questioned the compliance of the strict French cannabis laws with EU regulations, and referred a preliminary question to the Court of Justice of the European Union (CJEU), which is currently pending.

A related article is available here and the preliminary question before the CJEU here

FRANCE – The Coordination Committee of the Trade and Companies Register seeks to prohibit the registration of hemp­based product retailers in the French Company Register

On 22 January 2019, the Coordination Committee of the Trade and Companies Register (CCRCS) published an opinion which seeks to prohibit the registration of companies and business marketing hemp­derived products (in particular containing CBD) – without approval from the ANSM (such approval only being granted for medical and research purposes) – in the French Company Register.

The CCRCS opinion is available here (FR) and a related article here (FR)

FRANCE – Group of deputies calls for creation of fact­finding expert mission on well­ being hemp

On 14 March 2019, five deputies have requested the creation of a fact­finding expert mission on well­being hemp. This mission, if accepted, aims to clarify the legal status of hemp­derived consumer goods for the well­being market and to encourage the establishment of clear regulations for their production.

A related article is available here (FR)

UK – Petition lodged on Parliament website to keep CBD on the market as a food supplement

On 29 January 2019, a petition was launched on the UK Parliament website in order to keep cannabidiol (CBD) products on the market as food supplements. Following the update of the Novel Foods Catalogue, CBD products could be classified as “novel foods” and may need European Food Safety Authority (EFSA) approval. If the petition reaches 10,000 signatures the government must respond, and upon reaching 100,000 signatures it will be considered for debate in Parliament.

The Petition is available here and the Parliament e­petition notice here

US – New York State – Canopy Growth receives the first hemp licence in NY State

On 14 January 2019, following the 2018 US Farm Bill which legalised the production of hemp, Canopy Growth Corporation has announced it was granted a licence by the State of New York to cultivate hemp and announced it will establish a “Hemp Industrial Park”.

The Canopy press release is available here and a related article here 2.3. RECREATIONAL CANNABIS

CZECH REPUBLIC – Government disapproves of private member’s bill to legalise recreational cannabis use and cultivation

In the Czech Republic, a private member’s bill proposes to legalise recreational cannabis use and cultivation in small amounts. If it passes, these activities will no longer be regulatory offences in the Czech Republic and allow any adult residing permanently in the Czech Republic to cultivate up to 5 plants or possess up to 30g of cannabis. However, the Czech government takes a negative stance on the bill, claiming incompatibility with international treaties and with the criminal code. The bill will be discussed in the course of the following months.

The bill is available here (CZ) and the Government opinion here (CZ)

EUROPEAN UNION – EMCDDA publishes information note on cannabis control and right to privacy

On 3 January 2019, the European Monitoring Centre for Drug and Drug Addiction (EMCDDA) published an information note on national supreme courts’ decisions which have asserted that state intervention in the private life of their citizens who wish to (grow and) use cannabis is not always justified.

The information note is available here

MEXICO – Supreme Court confirms unconstitutionality of private recreational cannabis use prohibition

On 22 February 2019, the Supreme Court approved and published eight rulings which recognised, inter alia, the right of Mexicans to consume substances for recreational purposes and that the ban on the private use of cannabis was unconstitutional. Such a publication means that it will be mandatory for all federal judges to grant injunctions to people who wish to use cannabis recreationally and who seek legal protection to do so.

The Supreme Court's publication is available here (ES) and a related article here

SWITZERLAND – Swiss Court announces 25% tax on cannabis flowers

On 11 March 2019, the Swiss Federal Administrative Court ruled that cannabis flowers which are legally sold in Switzerland provided that their THC content is lower than 1% and are used primarily in the same way as tobacco products shall be subject to the tobacco tax, i.e. 25% of the retail price.

The Court decision is available here (DE) and the press release here

SWITZERLAND – Swiss Office of Public Health sets basis for study of recreational cannabis

On 27 February 2019, following a consultation procedure on an amendment to the Narcotics Act, the Swiss Office of Public Health (OFSP) released a report and draft ordinance on pilot programmes within the meaning of the Narcotics Act, which should introduce a legal basis for scientific pilot studies (involving up to 5000 people) on the health and social effects of regulated access to recreational cannabis.

The report is available here (FR) and the draft ordinance here (FR) UNITED NATIONS – International Narcotics Control Board releases its 2018 report

On 5 March 2019, the International Narcotics Control Board (INCB) released its 2018 report. This latest publication addresses, inter alia, the challenges raised by cannabis legalisation for medical, recreational or scientific purposes and confirms INCB’s concern over legislative developments regarding the non­medical use of drugs, which not only contravenes drug control conventions but also poses significant health risks.

The INCB report is available here and a related article here

UNITED NATIONS – UN System Coordination Task Team releases a brief implementing the Chief Executives Boards’ position on the decriminalisation of drug possession and use

On 13 March 2019, The UN Secretary General submitted to the Commission on Narcotic Drugs the UN System Coordination Task Team brief on the implementation of the common drug policy adopted by the UN Chief Executives Boards for Coordination (CEB). The CEB represents 31 UN agencies and calls on Member States to promote alternatives to conviction and punishment in appropriate cases, including the decriminalisation of drug possession for personal use.

The UN Task Team brief is available here and the CEB common position here

_3. INDUSTRY AND MARKET NEWS

• Business News

CEO of company bought by PepsiCo invests in, joins board of cannabis tech firm Seedo– 12/03/2019 – Marijuana Business Daily

The CEO of a beverage company recently acquired by PepsiCo is placing his bet on marijuana, joining the board of directors of and making a significant personal investment in an agriculture business working in cannabis production…

Valens GroWorks and The Green Organic Dutchman sign cannabis and hemp extraction deal – 11/03/2019 – Proactiveinvestors

The Green Organic Dutchman will supply Valens with significant quantities of cannabis and hemp and Valens will provide extraction services that will process it into resins and distillates…

First medical cannabis clinic in United Kingdom opens – 11/03/2019 – Marijuana Business Daily

Britain’s first dedicated medical marijuana clinic opened in Manchester, setting the groundwork for wider use of MMJ in the country and sparking criticism from some quarters of the medical community…

Nielsen, Headset partner to study U.S. cannabis market – 07/03/2019 – Reuters Consumer research services provider Nielsen Holdings Plc said on Wednesday it had teamed up with cannabis analytics company Headset, to help packaged goods companies understand the U.S. cannabis market…

Report: Facebook Looking To Ease Cannabis Advertising Rules – 05/03/2019 – Benzinga

Legal cannabis vendors frustrated with Facebook's restrictive promotional rules may find the latest report from The Telegraph encouraging…

Walmart Canada removes Canopy Growth’s cannabis vaporizer from website – 27/02/2019 – Marijuana Business Daily

Walmart Canada removed a popular medical marijuana vaporizer from its online store last month and now says it has no immediate plans to sell cannabis­related products…

Aurora Cannabis targets European expansion with acquisition in Portugal – 26/02/2019 – Marijuana Business Daily

Edmonton, Alberta­based Aurora Cannabis advanced its strategy to attain “early mover advantage” in countries with nascent medical marijuana markets with an agreement to acquire a majority interest in a Portuguese licence applicant…

Report: Largest marijuana firms already control most of Canada’s regulated adult­use market – 20/02/2019 – Marijuana Business Daily

Canada’s largest licensed cannabis producers already have a stranglehold on the country’s regulated recreational market just four months into legalisation, according to analysts…

Colombia’s first­ever export of medical cannabis set to ship to Canada – 07/02/2019 – Marijuana Business Daily

A Colombian marijuana company has received authorisation to export product to Canada for testing, a move meant to show that the cannabis grown in the South American nation is “top quality”…

The Silicon Valley of hemp? Advocates says latest leap is a start – 29/01/2019 – Courier Journal

A Kentucky company announced Monday it had developed hemp plants without a trace of THC, the stuff in marijuana that gets people high…

New Israeli­US investment fund for cannabis technology – 23/01/2019 – Israel 21C

A $30 million cannabis technology venture capital fund is under establishment by Jerusalem­ based global investment platform OurCrowd and the 7thirty Opportunity Fund of Boulder, Colorado… European Update: Spectrum Cannabis enters UK & Poland – 21/01/2019 – Canopy Growth Corp

High­quality medical cannabis available today in Polish pharmacies; UK presence positions Spectrum to lead in a key emerging market…

Legal cannabis could skim $55 billion per year from alcohol, tobacco firms – 14/01/2019 – Marijuana Business Daily

Global alcohol and tobacco companies could face losses of $55 billion a year if a fully legal cannabis industry develops in North America, a new report predicts, a key driver for why those sectors are taking early steps into the blooming marijuana market…

Canadian marijuana industry targets alcohol, mainstream executives to steer growth – 10/01/2019 – Marijuana Business Daily

Cannabis corporations in Canada are ramping up their drive to hire executives from the alcohol, tobacco and consumer packaged goods (CPG) sectors to help steer aggressive growth strategies. Personnel in these sectors have experience getting brands on shelves and into the hands of consumers…

Shoppers Drug Mart launches medical cannabis e­commerce sales portal – 08/01/2019 – BNN Bloomberg

Shoppers Drug Mart's e­commerce platform for medical cannabis launched Tuesday, a month after Health Canada licensed the company to sell the product online. Product information is available nationally, but Shoppers Drug Mart can initially only sell medical cannabis to patients in Ontario…

• Financial Markets

Weekly Deal Watch: Cannabis capital raises outpace record 2018 levels – 14/03/2019 – Marijuana Business Daily

North American cannabis companies have raised nearly $3.3 billion so far this year, outpacing the record funding levels set in 2018, according to the latest data from Viridian Capital Advisors…

Marijuana firm Cronos closes CA$2.4 billion investment from tobacco giant Altria – 08/03/2019 – Marijuana Business Daily

Altria Group’s record­breaking investment of CA$2.4 billion ($1.8 billion) in Ontario­based cannabis producer Cronos Group closed Friday, completing what is so far the largest investment by a tobacco company in the cannabis space…

Canadian cannabis fund returns 50% in two months – 02/03/2019 – Financial Times

The world’s first cannabis exchange traded fund is set to become the second most profitable ETF in Canada after returning more than 50% so far this year… Institutional investors ease into pot stocks – 26/02/2019 – Globe and Mail

According to U.S. filings, some Canadian pension funds are dipping their toes in the industry, demonstrating growing mainstream acceptance. Canadian pension funds ‒ some of the biggest and most august of investors ‒ are buying pot stocks...

Tilray makes richest deal yet in effort to jump into U.S. CBD market – 20/02/2019 – Market Watch

Marijuana company Tilray Inc. announced its most expensive acquisition to date early Wednesday, agreeing to spend more than $300 million for a company that claims to be the world’s largest hemp food maker…

Canopy Rivers Boosts Stake in Italian Hemp Company with $17.4 Million Investment – 04/02/2019 – New Cannabis Ventures

Canopy Rivers Announces Completion of $17 Million Financing for Its Italian Hemp Platform Canopy Rivers Inc. is pleased to announce that it has completed a subsequent $9.4 million equity investment in its portfolio company Canapar Corp…

Cannabis M&A spikes in US, overseas as firms look beyond Canada for growth – 22/01/2019 – MJ Shareholders

Canadian medical cannabis companies are increasingly looking internationally for acquisitions to tap growth while consolidation in the country’s marijuana sector continues to steam ahead. Last year, 140 U.S. cannabis companies were targets of mergers and acquisitions…

Aurora to Acquire British Columbia­Based Whistler Medical – 14/01/2019 – Daily Marijuana Observer

Aurora Cannabis Inc. announced today that the Company has entered into a letter of intent to acquire all the issued and outstanding shares of privately held Whistler Medical Marijuana Corporation, in an all­share transaction valued at up to approximately $175 million, including certain milestones…

Constellation cuts forecast as pot investment, wine business weigh – 09/01/2019 – Reuters

Corona­maker Constellation Brands Inc (STZ.N) cut its 2019 profit outlook on Wednesday, citing weakness in wine and spirits sales and costs related to its investment in a Canadian pot producer, sending its shares down to a near two­year low…

Cannabis Cash Flows Into U.S. With Canopy Venture Arm Investment – 08/01/2019 – Bloomberg

Canopy Rivers Inc., the venture capital arm of the world’s most valuable cannabis company, Canopy Growth Corp., is investing more than $3 million in Headset Inc., a Seattle­based firm that provides data on the marijuana industry and tracks sales numbers in markets like California and Colorado… • Regulatory and Enforcement News

Canada warns marijuana companies over ‘age gating,’ online promotions – 13/03/2019 – Marijuana Business Daily

Canada’s cannabis regulator issued a lengthy warning to license holders concerning possible noncompliant promotional activities since the Cannabis Act went into force last fall…

Illicit cannabis sales in Canada decline after legalisation – 03/03/2019 – Marijuana Business Daily

Early sales of regulated adult­use cannabis chipped away at the illicit market in the final quarter of last year – the first period of legal recreational cannabis sales – with black market purchases declining 8% in the October­December period, according to fresh data from Statistics Canada…

Canadian marijuana firm Aphria to improve corporate practices after investigation – 19/02/2019 – Marijuana Business Daily

Ontario­based cannabis operator Aphria pledged to improve its management practices after an independent investigation found some of its directors had conflicts of interest related to the 2018 acquisition of LATAM Holdings…

New York City Cracks Down on CBD Edibles, Saying the Cannabis Derivative Is Unsafe – 05/02/2019 – The New York Times

For months, the top­selling item at Fat Cat Kitchen was a cookie packed with chocolate chunks, dusted with salt flakes and infused with the stylish cannabis derivative cannabidiol, or CBD. But as of last week, customers won’t find the cookie on the Manhattan restaurant and bakery’s menu…

In race to win Europe, Aurora Cannabis and other Canadian companies pursue EU­GMP – 30/01/2019 –Marijuana Business Daily

In an effort to add to their international credibility and gain leverage over competitors, more Canadian medical marijuana firms are aiming to achieve one of the highest levels of quality certification in the world…

Class action lawsuit against cannabis firm Organigram will proceed to trial in Nova Scotia – 22/01/2019 – Marijuana Business Daily

A class action lawsuit targeting Canadian licensed medical marijuana grower Organigram has been approved to proceed to trial by the Nova Scotia Supreme Court. The suit stems from product recalls that took place between Dec. 28, 2016, and Jan. 9, 2017, in which Organigram said banned pesticides, myclobutanil and/or bifenazate, were discovered in some of its medical cannabis…

CBS Rejects Super Bowl Ad for Medical Marijuana – 22/01/2019 – Bloomberg

Acreage Holdings, the multi­state cannabis company backed by John Boehner, says CBS rejected a television advertisement that calls for the legalisation of medical marijuana. The network, which is airing the game on Feb. 3, nixed the proposed spot after seeing a rough outline, according to the company…

What Cannabis Patent Applicants Can Learn From Biopharma – 17/01/2019 – Law 360

Today the cannabis industry is booming and analysts have projected that it will grow from $9.2 billion in 2017 to $47.3 billion in 2027 in North America alone. This past year saw the first U.S. Food and Drug Administration­approved drug comprised of an active ingredient derived from cannabis. It also saw the first patent infringement suit involving a cannabis­related patent…

Patenting Cannabis: A Look At The Numbers – 10/01/2019 – Law 360

The cannabis industry has been increasingly busy over the last few years seeking patent protection for new technologies. In the decade up through October 2008, the U.S. Patent and Trademark Office issued approximately 1,200 cannabis­related patents…

PTAB Upholds Much Of Cannabis Epilepsy Treatment Patent – 07/01/2019 – Law 360

The Patent Trial and Appeal Board upheld much of a patent that involves the use of cannabinoids to treat epilepsy, handing a partial win to a unit of GW Pharmaceuticals PLC, a U.K. company known for its marijuana­derived medicines. In a decision Thursday, the board found that Insys Development Co. Inc. had shown in inter partes review that two challenged claims in GW Pharma Ltd.'s patent would have been obvious…

Cannabis Cases To Watch In 2019 – 01/01/2019 – Law 360

As more states legalise recreational and medical cannabis, more litigation has popped up around the industry. From what is likely the country’s first cannabis patent suit to a wave of civil Racketeer Influenced and Corrupt Organisations Act claims filed by people living near growers and distributors, courts are being asked to decide a variety of disputes that touch on the clash between federal and state laws governing cannabis...

Eveline Van Keymeulen

Cannabis Sector Lead Head of the Life Sciences Regulatory Practice Tel +33 1 40 06 54 00 [email protected]

Quick Links:

A&O CANNABIS PRACTICE A&O LIFE SCIENCES PRACTICE A&O LIFE SCIENCES HUB

In case you have any queries on our Cannabis Practice or this newsletter, please contact [email protected].

Remove me from this mailing | Remove me from all mailings Please read our privacy policy for further information on how Allen & Overy use your personal information.

Allen & Overy means Allen & Overy LLP and/or its affiliated undertakings. A current list of Allen & Overy offices is available here. Allen & Overy LLP is a limited liability partnership registered in England and Wales with registered number OC306763. Allen & Overy LLP limited liabcompany registered in England and Wales with registered number 07462870. Allen & Overy LLP is authorised and regulated by the Solicitors Regulation Authority of England and Wales.

The term partner is used to refer to a member of Allen & Overy LLP or an employee or consultant with equivalent standing and qualifications in one of Allen & Overy LLP's affiliated undertakings. A list of the members of Allen & Overy LLP and of the non­members who are designated as partners is open to inspection at our registered office at One Bishops Square, London E1 6AD. allenovery.com ©2018 ALLEN & OVERY LLP