Dentons: Cannabis Cultivation in Europe

Dentons: Cannabis Cultivation in Europe

Berlin, 27 August 2020. Last week, the Federal Institute of Drugs and Medical Devices (Bundesinstitut für Arzneimittel und Medizinprodukte – BfArM) has chosen Cansativa GmbH, a company based in Frankfurt a. M., as distributor for licensed medical cannabis grown in Germany.

Peter Homberg: Lead Partner Cannabis Group (Germany)

Cannabis Cultivation in Europe

 

Cansativa GmbH will in future distribute the cannabis flowers grown by 3 producers in Germany centrally on behalf of the Cannabis Agency subordinated to the BfArM.

The decision was based on a public tender for logistics and services in the wholesale of cannabis flowers from German cultivation by the BfArM and includes a total volume of 10.4 tons for a period of four years.

 

The cultivation itself does not take place at the BfArM or by the BfArM, but by companies selected in a tendering procedure and commissioned by the Cannabis Agency.

The winners of this tender are AuroraAphria and Demecan. They are allowed to cultivate cannabis in an amount of 10.4 tons over a period of four years. This quantity can increase up to 150 percent of the annual planned requirement of 2,600 kg.

The products from domestic cultivation are sold to the Cannabis Agency at the price offered during the application process, which was 2.3 EUR per gram on average. The Cannabis Agency will set the manufacturer’s retail price and sell the cannabis to pharmacies and possibly to wholesalers and manufacturers of cannabis medicines. The Cannabis Agency may not make any profits or surpluses and has no influence on the actual selling price in the pharmacy. It will act as a wholesaler and sell the cannabis collected in its own name.

For this purpose, the Cannabis Agency has signed a contract with the distributor Cansativa GmbH. On behalf of the Cannabis Agency, Cansativa GmbH will exclusively distribute the cannabis flowers from German cultivation to pharmacies and be responsible for storage and logistics for the upcoming four years. Currently, the cultivation of medical cannabis in Germany is delayed especially due to the initially postponed tender and the effects of the COVID- 19 pandemic. The first harvest is not expected before the end of 2020.

Cansativa GmbH is a GMP- and GDP-certified company founded in 2017 with the authorization to manufacture, import and trade pharmaceuticals as well as the right to participate in narcotics traffic. For two years, Cansativa GmbH has imported and distributed medical cannabis from different manufacturers such as Aurora, Bedrocan, Tweed and Tilray to German pharmacies.

 

Dentons is an international legal practice providing client services worldwide through its member firms and affiliates. Salans FMC SNR Denton Europe LLP is a limited liability partnership registered in England and Wales under no. OC316822. It is authorised and regulated by the Solicitors Regulation Authority. A list of its members and non-members who are designated as partners are open for inspection at its registered address: Millennium Bridge House, 2 Lambeth Hill, London, EC4V 4AJ, England. Please see dentons.com for Legal Notices.

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Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

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Tim Morales – The Cannabis Industry Association Costa Rica

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Elvin Rodríguez Fabilena

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General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

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Jerry Chesler – Chesler Consulting

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Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

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Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

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Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

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William Bogot – Fox Rothschild

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Valerio Romano, Attorney – VGR Law Firm, PC

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Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

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Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

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Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

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Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

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Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

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Teddy Eynon – Partner Fox Rothschild