ILN Today Post
October 5, 2020
On September 25, 2020, Health Canada published the results from its consultation “Potential Market for Cannabis Health Products (CHPs) that would not Require Practitioner Oversight“, which took place from June 19 to September 3, 2019. The consultation sought feedback from the Canadian public and industry on a new category of cannabis products, referred to as cannabis health products (“CHPs“).
Currently, health products containing cannabis may only be sold to individuals with a prescription from a healthcare practitioner, such as a doctor or veterinarian. Eliminating the need for healthcare practitioner oversight is expected to lead to easier access, improved product selection, and wider acceptance of health products containing cannabis.
ILN Today Post
October 2, 2020
On September 28, 2020, the Massachusetts Cannabis Control Commission (CCC) published revised draft regulations clarifying and modifying the requirements applicable to cannabis enterprises and agents, including establishing a new Wholesale Delivery License. This new license category would enable licensees to warehouse cannabis products purchased from cultivators, craft cooperatives, microbusinesses, and product manufacturers for resale by delivery to end users. The existing delivery license, which entitles licensees to deliver products from a licensed retailer, would be renamed a Limited Delivery License and have lower application and maintenance fees than the new Wholesale Delivery License. Like the Limited Delivery License, the Wholesale Delivery License would be limited to economic empowerment and social equity program participants for a proposed three-year period (up from two years in the original draft regulations).
September 27, 2019
of Robinson Sheppard Shapiro
By Benoît Chartier, from our Insurance Law Practice Group.
On September 3, 2019, approximately one year after the legalization of recreational cannabis in Canada, the Quebec Superior Court declared the provisions of the Quebec law governing cannabis that prohibited possession and production of cannabis plants in the province, unconstitutional (Murray Hall c. Procureure générale du Québec, 2019 QCCS 3664). This decision could have serious impact for insurers or landlords, among others.
Click here to read more (PDF).
August 20, 2019
On August 9, 2019, Illinois Governor Pritzker signed legislation amending the state’s current medical marijuana pilot program. The Compassionate Use of Medical Cannabis Program Act (the “Medical Cannabis Act”) makes the medical marijuana program, which was initially enacted as a pilot program in 2013, permanent and expands the qualifying medical conditions for a medical marijuana card to include at least 12 new conditions, including chronic pain, irritable bowel syndrome, migraines, osteoarthritis, and ulcerative colitis. The Medical Cannabis Act also provides easier access to a medical marijuana card by expanding the range of medical professionals who can certify eligibility of applicants to the program. In addition to physicians, advanced practice registered nurses or licensed physician assistants can diagnose and certify an individual’s eligibility for the medical marijuana program. The amendments to the medical marijuana pilot program are effective immediately.
June 4, 2019
By Megan Robertson
of Epstein Becker & Green
On May 31, 2019, the U.S. Food and Drug Administration (“FDA”) hosted its much-anticipated public hearing titled “Scientific Data and Information about Products Containing Cannabis or Cannabis-Derived Compounds” (discussed in our prior blog post). The day-long hearing presented an opportunity for FDA panel members to engage directly with stakeholders on the regulatory future of cannabis or cannabis-derived products within the scope of FDA’s jurisdiction.
ILN Today Post
March 24, 2018
On March 19, 2018, Health Canada unveiled its proposed regulations under the Cannabis Act applicable to the packaging and labelling of recreational cannabis following a 60-day public consultation period. Noticeably, the approach being taken by Health Canada towards cannabis bears a strong resemblance to its approach towards tobacco, a move which is expected to upset licensed producers that are seeking to differentiate themselves from one another in any way they can in a hyper-competitive industry. The general population’s message to Health Canada was that its approach needs to prioritize the health and safety of Canadians, and in particular, restrict youth access to cannabis. Health Canada’s proposed regulations also address the regulation of micro-cultivators and micro-processors, with the goals of facilitating the participation of small-scale growers and processors in the legal cannabis industry and eliminating the underground black market.
October 11, 2017
Suppose that you want to federally register a trademark that identifies a source of goods or services related to your cannabis business. What if the trademark covers merchandise indirectly related to cannabis or products directly related to the use of cannabis? Should you attempt to register your trademark with the U.S. Patent and Trademark Office? Can you obtain a registration from the U.S. Patent and Trademark Office? The answer is it depends on the cannabis related goods and services.