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Patient Advocate since 1977.


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Kai-Friedrich Niermann has a really good update on the potential for legal cannabis here in Germany…….news on the “Jamaica Coalition” is expected within hours,……..more later. – Phil

https://www.kfnplus.de/jamaica-current-german-coalition-and-cannabis-control-act/#comment-2

Jamaica [Current German Coalition) and Cannabis Control Act

Annotation on practical implementation by Kai-Friedrich Niermann, Attorney, Paderborn [Germany]

Let‘s say the coalition partners part this evening and determine the uptake of coalition negotiations. And let us furthermore assume The Green Party with tie-in of FDP achieve Cannabis liberalisation in full as well as pushing through their Cannabis Control Act in the negotiations going on from mid December until shortly before Christmas. And also let’s assume the Cannabis Incorporate Act is then voted in by Bundestag in May or June [2018]; then Germany will be faced with even more massive changes and the latter in various sectors.

The Cannabis Law includes the option of applications for cultivation licences (farming), wholesale trade licences as well as retail licences such as specialist shops. In addition to this import and export licences can be applied for. Expert prior knowledge is not required and simply personal trustworthiness as demanded within public-houses law is stipulated. Business owners must not have previous convictions.

Assuming a conservative estimate of 10 t of Cannabis per week being consumed in Germany this results in an annual demand of 520 t. The production of Cannabis is deemed to result in a harvest of 440 g per m² within a harvest cycle of 52 days which allows for 7 harvests per year. To cover 107% consumption of Germany an acreage of 180.000 m² would be prerequisite.

Breaking down and allocating these figures to an average municipality such as Paderborn with a population of 140.000 this would result in a required cultivation acreage of 307 m².

With the scheduled Cannabis Control Act tax of 4€/g provided by statute, 1€/g for production costs, 2€/g for wholesale trade and also 3 €/g for specialist shops this results in a price of 10€ in total per gram which is equivalent to the current black market price. It will be a balancing act not to drive the price to high to enable draining the black market effectively as intended.

For Paderborn alone and at this retail price it would amount to a turnover for cultivation/farming of approx. 890.000 €, 1,8 million € for the wholesale trade and 2,6 million € for specialist shops.

However the Cannabis Control Act provides for numerous regulations as to Quality Assurance, protection of production lines, safeguarding of youth protection and prevention. Consequently production facilities must be secured with fences and alarm systems. Transport of Cannabis is governed by specified security restrictions, the specialist shops must train their personnel and deliver proof for consistent follow-up trainings as well as a substantial social concept. Also packaging has to be secured to a high extent and must feature comprehensive warning and reconnaissance information.

It remains doubtful that the current illegal Cannabis producers will meet these requirements in full and step out from illegality. For this reason it is to be expected that capital investors who with their capacity are able to administer the task more economically will edge into the market.

Then within the 2nd half of 2018 the race for the desired licences for farming, wholesale trade, import, export and specialist retailers would begin.

Restrictions as to numbers of licence permits are not scheduled within Cannabis Control Act so any desired number of farming facilities or specialist retailers could operate. Indeed we may assume that the Authorities will initially be totally snowed under and will authorise thoroughly drawn up applications at first which are based on convincing technical programmes and a business plans.

Any potentially interested party striving to be a player in this new and strictly regulated market is to focus on the new situation just in time and develop technical and operational concepts, investment concepts as well as calculations of overall return on investment as well as liquidity calculations. And just in time could „slip into gear“ as from tomorrow morning!

RA Kai-Friedrich Niermann

http://www.kfnplus.de

k@kfnplus.de

+491773108923

Jamaika und das Cannabiskontrollgesetz

English Version

Einige Anmerkungen zur praktischen Umsetzung, von Rechtsanwalt Kai-Friedrich Niermann (Paderborn)

Nehmen wir einmal an, die Jamaika-Koalitionäre gehen heute Abend auseinander und beschließen die Aufnahme von Koalitionsverhandlungen. Nehmen wir weiter an, dass die Grünen im Verbund mit der FDP es schaffen, die vollständige Freigabe von Cannabis zu erreichen und ihr Cannabiskontrollgesetz in den Verhandlungen von Mitte Dezember bis kurz vor Weihnachten durchbringen. Nehmen wir weiter an, dass das Cannabiskontrollgesetz dann vom Bundestag im Mai oder Juni beschlossen wird, dann stehen Deutschland große Änderungen und in vielen Bereichen noch größere Herausforderungen bevor.

Das Cannabisgesetz sieht die Möglichkeit der Beantragung von Anbaulizenzen, Großhandelslizenzen sowie Einzelhandelslizenzen, sogenannte Fachgeschäfte, vor. Ferner können Einfuhr und Ausfuhrlizenzen beantragt werden. Besondere Vorkenntnisse sind nicht erforderlich, es muss lediglich die üblicherweise zu verlangende Zuverlässigkeit, wie im Gaststättenrecht zum Beispiel, vorliegen und beim Geschäftsinhaber dürfen keine einschlägigen Vorstrafen bestehen.

Geht man nach konservativen Schätzungen davon aus, dass pro Woche 10 t Cannabis in Deutschland konsumiert werden, ergibt dies einen Jahresbedarf von 520 t. In der Produktion von Cannabis geht man davon aus, dass ein m² einen Ertrag von 440 g erbringen kann, was bei einem Erntezyklus von 52 Tagen ca. 7 Ernten pro Jahr ermöglicht. Man benötigt also allein 180.000 m² reine Anbaufläche, um dem Bedarf von Deutschland zu 107% zu decken.

Bricht man diese Zahlen auf eine durchschnittliche Kommune wie Paderborn mit einer Einwohnerzahl von 140.000 herunter, ergäbe dies eine benötigte Anbaufläche von 307 m². Bei einer im Cannabiskontrollgesetz vorgesehenen Steuer von 4 €, bei Produktionskosten von 1 €, bei Kosten für den Großhandel von 2 € sowie bei Kosten für die Fachgeschäfte von 3 € pro Gramm ergebe sich ein Grammpreis von insgesamt 10 €, der dem Preis auf dem derzeitigen Schwarzmarkt entspricht. Der Spagat wird sein, den Preis nicht zu hoch zu treiben, um auch tatsächlich, wie beabsichtigt den Schwarzmarkt austrocknen zu können.

Allein für Paderborn ergebe sich bei diesem Verkaufspreis ein Umsatz beim Anbau in Höhe von ca. 890.000 €, beim Großhandel von 1,8 Millionen €, und bei den Fachgeschäften von 2,6 Millionen €.

Das Cannabiskontrollgesetz sieht allerdings zahlreiche Vorschriften bezüglich der Qualitätssicherung, der Sicherung der Produktionsanlagen, der Sicherung des Jugendschutzes und der Prävention vor. So müssen die Produktionsanlagen mit Zäunen und Alarmanlagen gesichert werden, der Transport von Cannabis unterliegt bestimmten Sicherheitsauflagen, die Fachgeschäfte müssen ihr Personal am Beginn schulen und regelmäßige Nachfolgeschulungen nachweisen sowie ein umfangreiches Sozialkonzept erstellen. Ferner müssen die Verpackungen umfangreich gesichert und mit zahlreichen Warn- und Aufklärungshinweisen gestaltet werden.

Ob es für die zahlreichen, bisher illegalen Cannabisproduzenten möglich sein wird, diese Anforderungen in Gänze zu erfüllen und aus der Illegalität herauszutreten, bleibt zu bezweifeln. Es ist daher zu erwarten, dass große Investoren mit größeren Anlagen auf den Markt drängen werden, die allein aufgrund ihrer Kapazität in der Lage sind, kostengünstiger zu wirtschaften.

Sodann würde im 2. Halbjahr 2018 ein Wettlauf um die begehrten Lizenzen für Anbau, Großhandel, Import, Export und Fachhandel beginnen. Eine zahlenmäßige Beschränkung der Erlaubnisse ist vom Cannabiskontrollgesetz nicht vorgesehen, es können also beliebig viele Anbauflächen oder Fachgeschäfte betrieben werden. Allerdings ist davon auszugehen, dass die Behörden zunächst völlig überlastet sind und die Anträge zuerst genehmigen, die vollständig ausgearbeitet sind und denen ein in technischer und betriebswirtschaftlicher Hinsicht überzeugendes Konzept zu Grunde liegt.

Es ist somit allen Interessenten, die in diesem neuen, strikt regulierten Markt agieren wollen, sich rechtzeitig auf die neue Situation einzustellen und bereits jetzt technische Betriebskonzepte, Investitionskonzepte und Rendite- und Liquiditätsberechnungen zu entwickeln. Die Zeit könnte ab morgen früh zu laufen beginnen.

RA Kai-Friedrich Niermann
http://www.kfnplus.de
k@kfnplus.de
+491773108923

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MERKEL GETS RELIGION on the 500-year anniversary of Martin Luther’s Reformation project. Legalized marijuana in Germany now on the horizon.

Cannabis Consultant in Germany

Cenedella.DE

October 31, 2017

As many Americans start the day making plans for Halloween 2017, the folks here in Germany have the day off of work to celebrate the 500-year Anniversary of Martin Luther’s project to reform German society. Surprisingly, the newspapers today also announced Chancellor Angela Merkel’s intentions, along with her new coalition partners called the “Jamaican coalition” to consider legalizing marijuana.

Seems an unintended benefit of the AFD’s victories in the last elections, is the CDU ruling party is now more receptive to working with those with divergent views in order to maintain their leadership position.

Could this really be the start of the Reformation of the 20th century drug laws in Germany and beyond?

Has the work of the DHV in Berlin and their partners finally started to pay dividends?

Was the signing of the BERLIN PEACE ACCORDS http://www.berlinpeaceaccords.de , which begins with “We the people of the Year 2017 do…
Hereby declare that it is our inalienable basic human right to have the freedom to grow, medicate and enjoy the plant we call Cannabis, without any governmental limitations.
We demand our plant has no more regulations or limitations than a tomato plant…..” really have been the precursor to this historic moment?

Good questions, time will tell, but for sure our collective efforts as cannabis business executives are starting to pay dividends.

The month of October had started off with over 350 doctors, scientists, investors and industry professionals waking up in view of the massive Cologne Cathedral, which is truly an amazing sight to see in person! The International Association for Cannabinoid Medicines’ (IACM) CANNABINOID CONFERENCE was held in downtown Cologne bringing together experts from Canada, Australia, Germany, and from throughout the world. Their website is http://www.cannabis-med.org and three take-aways were:

The idea that “Marijuana has no medicinal value” was pretty much, fully debunked 😊

The breath and quantity of existing “clinical trials” on our plant is amazing.

Meeting Josh Stanley, whose company has arguably helped more medical marijuana patients than anyone, was a privilege. CW Hemp’s team continues to lead the industry in many ways,…and additionally they are simply very cool people.

Later in the month, the folks from the regulatory and compliance organization ASTM came to Berlin for a 2-day intensive session for their new “Technical Committee D37 on Cannabis” section. You know we are becoming a real industry when 2 days is spent talking only about compliance related issues. Half the group was from Germany, including executives from the first licensed marijuana testing facility located within Germany, scientists from the University of Berlin currently working on marijuana clinical trials, and a few of the leading homegrown companies on the front lines including ABCann Germany, MH Hemp, Pedanois, and two guys who reminded me of what a young Ed Rosenthal would be like. 😊

So as November 2017 begins, many of us will meet in Berlin this weekend for the first annual DHV Convention. Their website is https://hanfverband.de and they are unequivocally the leading organization for marijuana reform in Germany today. This convention will probably confirm these four truths of the marijuana landscape in Germany today:

Canadian firms are kicking butt!
They understand the requirement of GMP certification, their government is supportive of providing qualified companies an export license for their THC-based products, and their executives are damn smart.

German firms are coming of age, are intelligent and committed.
The first DHV convention will be highlighting the work of patient advocates, industry professionals, knowledgeable physicians and forward-looking politicians involved in building this new industry within the German borders.

The European, South American, African, Israeli and Australian firms are all actively making plans to succeed.
Governments, investors, and executives from throughout the world are looking at Germany and making their plans to enter the European market with its 750+ million potential customers. They are forming strategic partnerships, investing in commercial facilities, and making Europe a priority for 2018.

The USA is an abysmal no-show in the game.
America started the war on Marihuana last century, and somehow tries to keep the war alive today. Scientist, Stoners and Society have evolved quite a bit since the 1930s. The Germans have taken note, changed course in their direction, and their people will be better off as a result.

Maybe now it’s time for President Trump get religion and start his own Marijuana Reformation project?

– Philip J. Cenedella


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Germany’s largest legal cannabis plantation – by VICE Magazine

https://www.vice.com/de/article/qvjge5/weed-aus-dem-atombunker-dieser-typ-baut-deutschlands-grosste-legale-cannabis-plantage

http://www.bunker-ppd.de/

Germany’s largest legal cannabis plantation
Tim Geyer
Oct. 17 2017, 3:20 pm
Because of grass dealings, Christoph Roßner had already been in prison for five months. Today he works with Bavarian politicians.

This is not really a loose work place, even if grass is to be cultivated, says Christoph Roßner. The Atombunker, before which he stands, is squeezed between car parks and fields in the Allgäu countryside like a stranded oil tank. Here, from the former Fliegerhorst Memmingerberg NATO would have led the nuclear counterattack, had the Cold War escalated. Today the entrepreneur wants to breed cannabis in the bunker. Green haze instead of black rain – within sight of a federal police station and with the blessing of the Bavarian government. Since the beginning of the year, cannabis is legal on prescription in Germany and Rossner’s sentiment is that of a brewer’s owner after the end of the prohibition: “We have the chance to become one of the biggest players in the international cannabis market.”

Alone for 2015, the German Monitoring Center for Drugs and Drug Abuse (DBDD) counts almost five million Germans who have consumed cannabis at least once during the last twelve months. The dark figure should be even higher. Activists and businessmen have taken this first step towards legalization. Christoph Roßner is both. And also looks like this: black jacket over black sweater, the gray hair tamed to the horse tail. Business in the front, party in the back.

One of the many lock gates between the individual bunkers
From the war machine to the grass factory

The bunker, a 50-meter-long, 15-meter high colossus, with its aerial storms acts like a medieval fortress. From 1985, the Luftwaffe soldiers of the Jagdbombersgeschwader 34 were sitting here, servicing the control systems for the nearby rocket silos. “This bunker is safer than a nuclear waste disposal site, but we want to grow plants here,” says the 47-year-old. He has previously registered with the neighboring Federal Police Station on the visit of the journalists.

The Panzertor groans aside. 175 tons of hardened steel, eight meters wide, nearly one meter thick. A siren howls like a submarine on a dive. Through the opening one reaches the actual bunker, which surrounds the outer wall as the reactor coherent of Chernobyl. Then another lock door, another 30 centimeters of steel. Later, 15 employees of Roßner’s company Bunker PPD, which he wants to adjust, will change the street clothes against overalls without bags and scan their fingerprints. The few, the income, will be nothing to take with. Roßner leads past former team rooms and the radio center, a five-meter-thick steel-concrete ceiling above us. You go ducked, even though you do not have to.

But no matter how many nights Roßner is working on his business plans, in the end others decide: the Federal Institute for Drugs and Medical Devices and the Bundespiumstelle, which is subordinate to him. Anyone who wants to produce or use drugs in Germany must either talk to them or seek a good lawyer. But once the TÜV seal of the Panzertür has expired, once the officials discover a tiny mistake in a request: the bureaucrats are editing Roßner, the changing Würgreiz for CSU politicians, so meticulously as if they Franz Josef Strauss’ last will.

Where the radio had previously been monitored, a cannabis laboratory could soon be available
From activist to cannabis entrepreneur

Roßner knows this. For the last three decades he has been working on the legalization of cannabis. Two key experiences are the reason: at 17 he smokes his first joint. He notes: Kiffen helps him to curb his hyperactivity. A year later a steel carrier crushed his left shoulder during his training as an industrial mechanic. Against the chronic pain smokes Roßner cannabis. To this day, now on recipe. “If you like, I’m just tight,” he says. In 1994, a friend of Roßner, who suffers from epilepsy, finds out that marijuana dampens his attacks. Roessner’s sister also suffered from epilepsy. For them, this knowledge comes too late. Two years before, she committed suicide. “I could have helped her,” says Rossner.

From this moment on, he is on a mission: He is worried about marijuana to help others, he says. “Illegal research” he calls this. At that time, as today, cannabis is prohibited by law in Germany. It is only since 1 March 2017 that doctors can prescribe – even without the hard-to-obtain exemption. Although in 1994, the Federal Constitutional Court ruled that a small quantity of cannabis can be carried with no prescription – depending on the federal state, between five and ten grams – this verdict does not, however, protect against criminal prosecution. This is what the courts alone decide. Roessner also knew about the risk, especially in Bavaria, When it is rumored that he is running a kind of private hemp pharmacy, more and more people are coming. Rheumatics, neurodermatitis, chemotherapy patients. And some policemen.

If at any time the electricity should fail, Roßner can take advantage of four diesel generators to supply his cannabis lantern with light
Roßner is sentenced: two years and one month. He spends five months in prison and four in therapy. It’s been 17 years now. When he rages, he knocks again at his doorstep. Still, people who have pain are coming. Roßner does not do any illegal business, he continues to believe in the medical benefits of cannabis. Together with the Chair of Chemistry at the Technical University of Munich and the University of British Columbia, he is currently preparing a study to investigate the effects of the most important medicinal hemp varieties and to develop quality standards for them. 150 patients he wants to provide cannabis from his bunker. Will the study and the necessary hemp cultivation be approved, this would be his first decisive step to enter the medical cannabis market. The study is intended to prove that he, the ex-prisoner, is serious.

Politicians, investors and business bosses listen to him

By working with the universities, Roßner hopes that the newly established state-owned cannabis agency will choose him to produce state-certified grass. The agency is to provide patients with marijuana from Germany and is looking for producers all over Europe. In addition to Rossner, other German entrepreneurs are also applying, for example SensHemp from Berlin and Hanf AG from Hamburg. 2,000 kilograms per year, the agency estimates, would have to grow on German plantings in 2021 and 2022 to supply all patients. Roßner believes that German patients need six times a year: over 12 tonnes of grass. If no one has to apply for an exemption, but only needs a prescription, more patients will take this step, he is sure. In addition, it would not be worth it to build a plant worth several million euros. But without permission for the study, he could set up his bunker to a very unpleasant country house.

Plantation air could soon flow through the ventilation towers
Just a strong CSU conservative helps him with his plan. Franz Josef Pschierer, State Secretary in the Bavarian Ministry of Economic Affairs, will bring him together with entrepreneurs and politicians from Bavaria in 2016. Roßner tells them about the unused economic potential, possible tax revenues and savings in the police and courts. “Without the help of the Bavarian government, no one would listen to me,” he says. He is now planning his cannabis breeding plant with ThyssenKrupp – and is holding talks with internationally active hedge funds. If they invest in it, the Free State of Bavaria could subsidize its business with about a quarter of a million euros. From tax money. Marijuana sponsored by Horst Seehofer.

In many places in the bunker the soldiers have left something behind
While Roßner sketched his battle plan for the next months, we descend deeper into the airtight crypt. There is neither mobile phone reception nor spiderwebs. Comic paintings on the walls testify to what the soldiers were busy with when they were bored to wait for the Third World War. In one room there are vault chambers, large as overseas containers. Here the mother plants could grow. “Lamps clean, connect ventilation, let’s go,” says Roßner, “more perfect conditions than here you will find nowhere.” A high-security laboratory is to move into the former squadron headquarters. Here, chemists could clone potent cannabis varieties. Next to it stands an industrial furnace, in which former toxins were destroyed at 900 degrees. In the future, the most serious of these will be burned. A few security doors: the space for the cuttings. “We start with 80 different varieties,” Roßner says self-confidently, as if he had the approval already.

In these cabinets Roßner wants to breed young plants
Race with the Dutch

Sometimes Christoph Rossner would ask the same as the early fans of Cherry Coke or anal whitening: When will the backward-looking Germans finally understand what the Americans have long been celebrating? In 29 out of 50 US states , medical cannabis has been allowed or grass has been fully legalized. In 2016, the industry generated sales of 6.7 billion US dollars . Until it is so far in Germany, Rossner will still have to smoke a few blunts on the recipe.

At the beginning of the year, he was sitting with his lawyers to prepare a lawsuit against the Federal Institute for Drugs, he tells us as we step out of the darkness of the bunker. The agency has asked potential medical producers that they have already grown, processed and delivered at least 50 kilograms over the last three years. How is he to apply, if exactly that in Germany so far was illegal, Roßner curses. It is not easy to get a mission in Germany for something that does not really exist at all.

Meanwhile, the authorities want to improve – a small victory, but Rossner is running out of time. The Dutch company Sensi Seeds systematically purchases small cannabis producers in the USA and is now pushing into the German market. Roßner does not want to be bought up. His research project will start in March, followed by commercial operations. He wants to make money himself and make the world a bit better with nothing but a few plants from a Bavarian atomic bomb.

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Peter Homberg is Partner and Head of the German Life Sciences Practice at Dentons, one of the top 10 global law firms present in more than 50 countries. He and his colleagues advise on Germany’s new regulations regarding the legalization of cannabis for medical use.

There are many unusual questions to be asked, so this time we caught up with a very different kind of expert: Peter Homberg is Partner and Head of the German Life Sciences Practice at Dentons, one of the top 10 global law firms present in more than 50 countries. He and his colleagues advise on Germany’s new regulations regarding the legalization of cannabis for medical use.

Peter, the effect and use of cannabis are highly controversial. What is the significance of cannabis for medical purposes and what does the legalization mean for patients?

Before the law was liberalized, patients who suffered from certain diseases, like multiple sclerosis, cancer or chronic pain, could only use cannabis if they had applied for a specific exemption at the Federal Institute for Drugs and Medical Devices (BfArM). As regulations were extremely strict, only a few hundred patients were granted the permission to use the cannabis plant for medicinal purposes.

So what does it do? The plant is famous for containing THC, short for tetrahydrocannabinol, which binds to specific cannabis receptors (CB) in the central and peripheral nervous systems. The activation of CB1 in the spinal cord, for instance, reduces the perception of pain. In terms of medical use this means that cannabis can give relief to people suffering from cancer, multiple sclerosis, chronic pain and other serious diseases

The change in law means that patients can now receive a prescription from their doctor. If the doctor decides that there are no therapeutic alternatives to alleviate the patient’s suffering, the prescription allows the patient to obtain cannabis at the pharmacy. Although the restrictions have been lifted slightly, these processes are still strictly controlled by the BfArM.

The change in German law means that cannabis can now be prescribed as a pain killer by GPs
What is the current state of affairs in regards to legislation and what is the legal process for obtaining a license to cultivate cannabis?

With the legalization of cannabis, the BfArM established a cannabis agency within the institution to organize and control the cultivation of cannabis for medical use. As a result, a public tender has been released, and numerous companies have applied for the cultivation license.

Companies have to abide to strict guidelines to obtain a cultivation license
Of course, the process is taking much longer than expected, as this is a totally new field and the BfArM is asking for very specific qualifications: A company needs to have had some kind of past experience with cannabis products, they have to own indoor premises for the cultivation of the plants and have specific security measures in place in order to qualify.

Although we don’t have companies in Germany that have experience with growing cannabis, we do have some that have imported the plants from outside of Germany. They have significant experience in handling the product, be it through packaging or security measures.

For example, here in Germany there is a subsidiary of a larger Canadian company that has been producing the plants to a large extent. So this is a great advantage for them as they can build on their experience in Canada and fulfil the necessary requirements to qualify as legal cultivators.

You’ve been able to legally smoke weed in the Netherlands since the 1970’s, other countries like Italy and Denmark liberalized the medical use years ago. Germany seems quite slow in catching-up, why is that?

The legalization of cannabis for medical use in Germany occurred through a chain of unforeseeable events
Germany has one of the strictest narcotic drugs laws in Europe. In my opinion, if the German Federal Administrative Court hadn’t made a very specific decision, then the changes in legislation would never have been made. But through a chain of unforeseeable events, the following occurred:

One of the patients who had received the exemption from the BfArM, started growing his own cannabis at home, stating that the exemption included not only the purchase, but also the cultivation of cannabis. When BfArM sent him a cease and desist order, he took the issue to court.

In the last instance, the court ruled in his favour. This meant that all people who had previously received an exemption from BfArM would be able to legally grow cannabis at home. As this ruling would have resulted in a loss of control by the BfArM and in extension the government, cannabis was legalized for medical use and the complete control over cultivation and distribution returned to the government.

What role is Dentons playing in this whole transition process?

First and foremost we have been informing our international clients on regulatory issues and the new legislation in Germany. With cannabis everything is new, it’s a completely new field and different from any other topic in the life sciences.

THC – tetrahydrocannabinol – binds to specific cannabis receptors in the central and peripheral nervous systems
We have an international cannabis group at Dentons that is at the forefront of current affairs and keeps up to date on the topic. Our work includes regulatory advice, mergers and acquisitions and intellectual property. For instance, we have advised clients, one of them a large Canadian company, on the acquisition of a cannabis distributor in Germany to get a strong foothold in the country and on the European market.

In future, we will also have to handle various disputes. It will be very interesting to see how they evolve, how to handle them and their outcome. If one company, for example, receives the permission to cultivate cannabis in Germany and others don’t, then these decisions will certainly be challenged.

What can Germany… what can Europe learn from Canada?

Canada is well ahead in the use of cannabis for medicinal purposes. What is happening in Germany now is following the Canadian pattern: Today, we have a tender in the public procurement field that came from BfArM. It invited qualified companies to put forward their bid on specific cannabis plants in order to sell these to BfArM. In turn, BfArM will sell these plants to the pharmacies. Like in Canada, a government controlled process.

Germany can learn from Canada in issues of quality control as well. BfArM wants to overlook the cultivation and distribution process, because patients have to be able to count on a high quality product. Quality control includes specific laboratories, which check the type of insecticides or pesticides used or how much THC a plant contains.

There is much to learn from the Canadians, such as quality control, and cultivation and distribution processes
How do you see this niche developing from a legal but also from a medical perspective? What do you personally hope to see happen?

Our clients hope to see a greater liberalization, also for casual use. In my opinion this is not going to happen neither in Germany, nor in other countries in Europe. Nevertheless, more countries in the world are considering the medical use of cannabis and consequently, investors are looking into it as they expect a significant growth in the market.

We will also see a certain amount of effort put into research. With this new kind of liberalisation the indications that qualify for cannabinoid treatment have to be defined. Today we know that cannabis can help patients with for example chronic pain, cancer or multiple sclerosis, but in future we may discover more indications that will qualify for the treatment with cannabis.

“Germany has one of the strictest narcotic drugs laws in Europe”
Accordingly, the group of patients who can use cannabis as a medicinal product will grow. But the market in Germany is very competitive, so it will be interesting to see how companies and institutions will position themselves on the market to get a piece of the cake that is bound to become larger and larger every year.

Personally, I am glad that cannabis has been made available as a medicinal product for people who suffer severe pain. For many it is the best painkiller with less side effects than other drugs.

Want to learn more about the legal aspects of cannabis as a medicinal product? Visit Dentons here!

Images via Miss Nuchwara Tongrit, Africa Studio, Shutterstockphoto3, Zerbor/Shutterstock

What you need to Know about the Legalization of Cannabis for Medical Use


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German Medical Marijuana patients continued suffering despite the new law – from Hemp Magazine

After a small request from the federal government that the health insurance funds have to approve a therapy with medical cannabis before the statutory health insurance takes over the costs for the treatment, Frank Tempel, a sign of the drug policy of the left fraction, gives answers Questions that could be asked by those concerned. Meanwhile, the draft of a cannabis control law of the Green Bundestag fraction of March 2015 was rejected.
As beautiful as the new “Act on the Amendment to Narcotic Drugs and Other Provisions”, which came into effect on March 10, 2017, it raises a few dark shadows that could have a negative impact on the patient in the future. One of the central problems is the cost of a cannabis therapy by statutory health insurance. While pain patients receive the treatment in most cases, the world looks quite different in mental disorders, for example cases of ADHD or depression, Tempel reports on his website.
Requests for reimbursement would often be rejected in these patients. This also applies to patients who had already received a special permit from cannabis therapy from the “Federal Institute for Drugs and Medical Devices” prior to the entry into force of the Act. Because of this, it was already the first complaints of patients against the health insurance companies, it goes on. Temple also drew attention to the fact that there are some tips and hints to be able to claim the right to the costs.
The right to therapy with cannabis may be to patients if “a generally accepted medical standard” is either “not available” or “can not be used”, as well as “a not distant prospect perceptible positive effect on the course of the disease or on serious symptoms, “the Federal Government said in response to the small request from the left. According to the government, the treating physician must confirm these criteria and justify his decision against the health insurance company. But what helps if the cash registers?
Support the doctor
Tempel points out that it is easy for health insurance funds, especially through the second criterion, to refuse an application for the costs. This would be due to the lack of studies on the use of cannabis as a medicine, explains the deputy chairman of the Committee on Internal Medicine of the Bundestag. The 48-year-old, therefore, recommends “to refer to the introduction of a companion for which the patients have to participate if the costs of the therapy are to be reimbursed.”
In addition, he advises the physicians to assist in the completion of the application, since the health insurance companies would reject it at the smallest form defect. A sample application that could make life easier for the doctors offers the “Arbeitsgemeinschaft Cannabis as medicine” on their website http://www.cannabis-med.org . In order to take the perhaps still inexperienced doctor in this area further, the politician recommends in a discussion with the doctor also, professional-medically-based information to these to pass.
Where can I find a suitable doctor?
But already the search for a supervising doctor prepares the patient difficulties. The doctors would have little desire for more of the unpaid work and the effort they have to do, so temples. This is understandable. In addition to disputes with the health insurance companies, the treating physician must collect information about his patient and then pass it on to the “Federal Institute for Drugs and Medical Devices”. Temple once again refers to the “Cannabis as a medical community”, which can be asked for a doctor from the region who already has experience in prescribing medicinal hemp.
What to do if the cash office refuses?
If the applications, which are usually processed by the health insurance company within three weeks, but which can be withdrawn at the time the medical service is examined for examination of the application for five weeks, Tempel recommends that the supervisory authority, the relevant cash register. A protest may also be filed against the decision. A generator can also be found on the website of the “Arbeitsgemeinschaft Cannabis als Medizin”.
By a contradiction, the patient can also provide additional time, so that further advice can be brought into the boat, informs Tempel and writes to the following: “Do you have only courage to protest against the refusal of the health insurance company. There are cases in which the health insurance funds have approved it after the objection and a new application for reimbursement. “As a last option, the politician is considering taking legal action before the Social Court. The “Cannabis Consortium for Medicine” is even considering the support of the patient in court cases, provided that good prospects for success would exist, Tempel continues.
The Greens fail with a bill
Even though Germany has taken a clear step in the handling of marijuana through the “Act for the Amendment of Narcotic Drugs and Other Provisions” in the recent past, there are, of course, still sets-up parameters that can be worked on. The Greens tried their luck already two years ago in March 2015.
At that time, the Bundestag’s party draft a cannabis control law and presented it to the health committee of the Bundestag, which was voted on Wednesday. Although the Greens had the left fraction on their side, they failed with their draft, however, to the factions of the Union and the SPD, who opposed it.
The Greens drew attention to the fact that the cannabis control law had been an alternative to the prohibiting policy which had taken place here because it was “completely failed.” In the case of marijuana, which is the most widely used illegal drug in Germany, the criminal law provisions of the Narcotics Act should no longer apply , so the desire of the Greens. Instead, they pleaded in their template for a controlled, legal market with a regulated cannabis trading chain.
“The no from the Union and the SPD to our cannabis control law is a no to youth and consumer protection,” the “Ärtzeblatt” cites Greens Group spokeswoman Katja Dörner and the spokesman for drug and addiction policy, Harald Terpe. Cannabis is not harmless, the party made clear, precisely because of this, youth and consumer protection should not be left to the dealer.


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“My fellow conservatives should protect medical marijuana from the government” – U.S. CONGRESSMAN DANA ROHRABACHER

http://www.philly.com/philly/opinion/commentary/conservatives-medical-marijuana-veterans-ptsd-20170906.html?mc_cid=3df8db3886&mc_eid=cd290ff91e

by Dana Rohrabacher

Not long ago, a supporter of mine visiting from California dropped by my Capitol office. A retired military officer and staunch conservative, he and I spent much of our conversation discussing the Republican agenda.

Finally, I drew a breath and asked him about an issue I feared might divide us: the liberalization of our marijuana laws, specifically medical marijuana reform, on which for years I had been leading the charge. What did he think about that controversial position?

“Dana,” he replied, “there are some things about me you don’t know.” He told me about his three sons, all of whom enlisted after 9/11.

Two of his sons returned from the battlefield whole and healthy. The third, however, came home suffering multiple seizures each day. His prospects were bleak.

His medical care fell under the total guidance of the Department of Veterans Affairs, whose doctors came under federal restraints regarding the treatments they could prescribe. (Among the treatments allowed were opioids.) Nothing worked.

Finally, a sympathetic doctor advised our young hero to see him in his private office, where he could prescribe medication derived from cannabis. The prescription worked. The seizures, for the most part, ceased.

“Dana,” said my friend, “I could hug you right now for what you’ve been doing, unknowingly, for my son.”

What had I been doing? With my Democratic friend Sam Farr, the now-retired California congressman, I wrote an amendment to spending bills that prohibits the federal government from prosecuting medical marijuana cases in states where voters have legalized such treatment. The amendment passed two consecutive years, the second time with a wider margin than the first, and has been extended through continuing resolutions and an omnibus spending bill.

Surprisingly, given the Obama administration’s generally liberal approach to marijuana, its Justice Department tried to interpret the amendment in such a convoluted way as to allow counterproductive raids on marijuana dispensaries. The courts — most recently the U.S. Court of Appeals for the Ninth Circuit — repeatedly ruled that our amendment meant exactly what it said.

Unfortunately, my longtime friend Jeff Sessions, the attorney general, has urged Congress to drop the amendment, now co-sponsored by Rep. Earl Blumenauer (D., Ore.). This despite President Trump’s belief, made clear in his campaign and as president, that states alone should decide medical marijuana policies.

I should not need to remind our chief law enforcement officer or my fellow Republicans that our system of federalism, also known as states’ rights, was designed to resolve just such a fractious issue. Our party still bears a blemish for wielding the “states’ rights” cudgel against civil rights. If we bury state autonomy in order to deny patients an alternative to opioids, and ominously federalize our police, our hypocrisy will deserve the American people’s contempt.

More than half the states have liberalized medical marijuana laws, some even decriminalizing recreational use. Some 80 percent of Americans favor legalization of medical marijuana. Only a benighted or mean-spirited mind-set would want to block such progress.

Despite federal efforts to restrict supply, studies continue to yield promising results. And mounting anecdotal evidence shows again and again that medical marijuana can dramatically improve the lives of people with epilepsy, post-traumatic stress disorder, arthritis, and many other ailments.

Most Americans know this. The political class, not surprisingly, lags behind them.

Part of the reason is the failure of too many conservatives to apply “public choice economics” to the war on marijuana. Common sense, as well as public choice theory, holds that the government’s interest is to grow, just as private-sector players seek profit and build market share.

The drug-war apparatus will not give ground without a fight, even if it deprives Americans of medical alternatives and inadvertently creates more dependency on opioids. When its existence depends on asset seizures and other affronts to our Constitution, why should anti-medical-marijuana forces care if they’ve contributed inadvertently to a vast market, both legal and illegal, for opioids?

I invite my colleagues to visit a medical marijuana research facility and see for themselves why their cultural distaste might be misplaced. One exists near my district office at the University of California, Irvine, another at the University of California, San Diego.

Better yet, they might travel to Israel — that political guiding light for religious conservatives — and learn how our closest ally in the Middle East has positioned itself on the cutting edge of cannabis research. The Israeli government recently decriminalized first use, so unworried is it about what marijuana might do to its conscript military.

My colleagues should then return to Washington and keep my amendment intact, declaring themselves firmly on the side of medical progress. Failing that, the government will keep trying to eradicate the burgeoning marijuana business, thereby fueling and enriching drug cartels. Trust me: Hugs from grateful supporters are infinitely better.

Republican U.S. Rep. Dana Rohrabacher represents California’s 48th District. He wrote this for the Washington Post.


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Quotes

“We do not want individuals prosecuted—we want the industry to be accountable. This industry—starting from the top — should be systematically shut down.”

– Kevin Sabet, president of Smart Approaches to Marijuana, during a phone conference discussing the Cole Memo

“The President has told me he is a strong supporter of medicinal marijuana. He has launched a just war on opioids which he has correctly said is the real drug abuse crisis today.”

– Roger Stone, in a prepared statement in which he also apologizes for referring to a number of black Americans as “negro”

“If I hadn’t begun self-medicating with [cannabis], I would have killed myself. The relief isn’t immediate. It doesn’t make the pain disappear. But it’s the only thing that takes the sharpest edges off my symptoms…But I live in fear that I will be arrested purchasing an illegal drug. I want safe, regulated medical cannabis to be a treatment option.”

– Thomas James Brennan, a former sergeant in the Marine Corps who wrote an op-ed for the New York Times, “Make Pot Legal for Veterans With Traumatic Brain Injury“

“People who use medical marijuana to treat arthritis are literally burning joints to soothe their burning joints.”

– a “shower thought” from reddit user furiouspasta

“The dumbest purchase I ever made…hmm…dumbest purchase I ever made…I think it was when I bought what was supposed to be five dollars worth of pot in the village, way, way, way back, and the guy who got it for me got oregano. And I bought myself an envelope full of oregano.”

– David Crosby, founding member of both The Byrds and Crosby, Stills & Nash, during an impromptu call into The Best Show after “these pruciferous [which isn’t a word] people on Twitter” kept asking him to call in

[The idea of legalized recreational marijuana] “makes the hair stand up on the back of my neck.”

– US Attorney General Jeff Sessions addressing an audience at the National Alliance For Drug Endangered Children in Wisconsin