Tag Archives: CANNABIS LAW

ILN Today Post
October 5, 2020

THE RESULTS ARE IN: HEALTH CANADA’S CONSULTATION ON THE POTENTIAL MARKET FOR CANNABIS HEALTH PRODUCTS

By Fogler, Rubinoff LLP

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.

Posted in Legal Updates | North America
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ILN Today Post
October 2, 2020

Cannabis Control Commission Publishes Proposed Regulations to Establish Wholesale Delivery License

By Davis Malm

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).

Posted in Legal Updates | North America
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September 27, 2019

Home-grown cannabis any time soon?

By FSP 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).

Posted in Legal Updates | North America
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August 20, 2019

Employer Insights: Illinois’ Permanent Commitment To Medical Marijuana James Oh and Kathleen Barrett

By James J. Oh and Kathleen A. Barrett of Epstein Becker & Green

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.

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Posted in Legal Updates | North America
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ILN Today Post
March 24, 2018

PLAIN JANE POT PACKAGING

By Fogler, Rubinoff LLP

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.

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Posted in News | North America
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October 11, 2017

Can Trademarks Related to Cannabis be Protected?

By Daniel H. Bliss of Howard & Howard of Howard & Howard

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.

Posted in ILN IP Insider
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