Cannabis Legal & Regulatory Update: October - December 2018

by Allen & Overy LLP
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1. HIGHLIGHTS

CANADA – [Recreational Cannabis] ‒ Canadian Cannabis Act legalises recreational cannabis

On 17 October 2018, Canada became the first country in the G7 and the second country in the world (after Urugua) to legalise the marketing of recreational cannabis.

The Canadian Cannabis Act is available here.

FRANCE – [WellBeing Cannabis] – Court of Appeals asks EU Court of Justice to rule on (non compliance with EU law of French regulations restricting the marketing of hemp based products

On 23 October 2018, the Court of Appeals of AixenProvence referred a preliminary question to the Court of Justice of the European Union (CJEU) requesting the CJEU to confirm that the French regulations restricting the cultivation and marketing of hemp based products to products derived from specific parts of the plant (seeds and fibre) only is not compliant with EU law.

A related article (FR) is available here.

UK – [Medical Cannabis] – UK authorises the supply of unlicensed cannabis-based products for medical use and MHRA publishes related guidance

​Since 1 November 2018, the rescheduling of cannabis under the Misuse of Drugs legislation enables unlicensed cannabis-based products for medicinal use in humans to be available under the provisions for “Specials” under the Human Medicines Regulations 2012. The Medicines and Healthcare Products Regulatory Agency (MHRA) published relevant guidance on 31 October 2018.

The Regulations are available here and the MHRA guidance is available here

US – [Well-Being Cannabis] – US Farm Bill authorising hemp first real step towards cannabis legalisation in the US in almost 50 years

On 12 December 2018, the House of Representative passed the 2018 Farm Bill, signed into law by President Trump on 20 December 2018. The Bill legally defines “hemp” as any Cannabis sativa plant with THC below 0,3%, and legalises the production thereof. It also removes hemp from the Controlled Substances Act, which means that it will no longer be an illegal substance under US federal law. The US Food and Drug Administration (FDA) issued a related statement on the regulation of cannabis-derived products on 20 December, announcing “new steps” to better define its public health obligation in this area.

The 2018 Farm Bill is available here, the FDA statement here, related articles here and here.

2. LATEST LAWS, REGULATORY GUIDANCE AND ENFORCEMENT ACTIONS

2.1. MEDICAL CANNABIS

BRAZIL – Senate takes steps towards the legalisation of home production of cannabis for medical use

On 28 November 2018, Brazil’s Senate Social Affairs Committee approved a draft bill to legalise cannabis cultivation for personal medical use. However, the bill still faces several legislative hurdles and Brazil’s president-elect is unlikely to approve the bill due to his strong opposition to drug legalisation.

The draft bill is available here (PT) and a related article here.

ECUADOR – Key legislative committee brings Ecuador one step closer to legalising medical cannabis

On 3 October 2018, Ecuador’s National Assembly’s standing commission on health unanimously approved comprehensive health reform (Libro II del Codigo de la Salud) that could lead to the legal cultivation, manufacture and prescribing of medical cannabis. The bill is expected to be enacted in the next 68 months.

The draft bill (Libro II) is available here (ES), and related articles here (ES) and here.

EUROPEAN UNION – Parliamentary question for oral answer on medical cannabis on behalf of the Committee on the Environment, Public Health and Food Safety (ENVI)

On 12 November 2018, certain members of the European Parliament, on behalf of the ENVI Committee, submitted a question for oral answer to the European Commission. The question aims at receiving more insights into the actions and position of the Commission with respect to medical cannabis, and specifically inquires about the appropriate THC limit in such products.

The question for oral answer O000122/2018 is available here.

EUROPEAN UNION – EMCDDA publishes first report on medical use of cannabis and cannabinoids

On 4 December 2018, the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) published its first report on medical use of cannabis and cannabinoids: questions and answers for policymaking. The report is accompanied by a background paper which summarises reviews of evidence on the effectiveness and safety of cannabis and cannabinoids when used to treat medical conditions.

The report is available here and the background paper here.

FRANCE ‒ Health Agency recommends authorising the medical use of cannabis

On 27 December 2018, the French National Agency for Medicines and Health Products Safety (ANSM) recommended allowing the use of medical cannabis under certain conditions, thus following the recommendations of its Temporary Specialised Scientific Committee (CSST).  Before summer 2019, the CSST is expected to provide recommendations on practicalities such as the distribution and dispensing system, and medical cannabis will then be made accessible to patients by means of a pilot project first.

The CSST working programme is available here (FR), the ANSM press release here (FR), and our Life Sciences Hub update here.

GERMANY – Medical cannabis cultivation plan once again delayed

On 15 November 2018, the German Federal Institute for Drugs and Medical Devices (BfArM) announced another modification to the deadline in the application process for the authorisation of the cultivation, processing, storage, packaging and delivery of cannabis for medical purposes.

The BfArM notice is available here (DE).

GREECE – First authorisations for the cultivation of medical cannabis

On 19 November 2018, Greece issued the first two authorisations for the cultivation and production of medical cannabis and cannabis-derived pharmaceutical products following the legalisation of cannabis on 1 March 2018. Another 12 licenses are expected to be issued by the end of the year.

Related articles are available here and here.

ISRAEL – Israeli Parliament passes bill allowing medical cannabis export

On 25 December 2018, the Israeli Parliament (the “Knesset”) passed the 16th amendment to the Dangerous Drugs Ordinance that concerns the governance and regulatory aspects of exporting medical cannabis from Israel. The amended bill allows provisions for future medical cannabis export. A government resolution is required to authorise export.

A related article is available here.

NEW ZEALAND – Access to medical cannabis improved after adoption of amendment bill

On 11 December 2018, the Misuse of Drugs (Medicinal Cannabis) Amendment Bill was adopted by the NZ Parliament. The Bill amends the Misuse of Drugs Act 1975 to improve access to medicinal cannabis for patients suffering from terminal illness and ensures that cannabidiol (CBD) and CBD products are no longer classified as controlled drugs.

The Amendment Bill is available here, the Misuse of Drug Act here and the legislative history here.

POLAND ‒ First non-governmental company authorised to import medical cannabis into the country

On 25 October 2018, The Polish Ministry of Health granted Aurora Deutschland GmbH approval for its first shipment of medical cannabis to Poland. This is believed to be the first time a nongovernment run business has been granted approval to supply medical cannabis products in the country.

The Aurora press release is available here.

SOUTH KOREA – First Asian country to legalise medical cannabis

On 23 November 2018, the Korean National Assembly passed an amendment to the Narcotics Control Act to allow the medical use of cannabis under strict conditions (prior approval will be necessary and granted on a case-by-case
basis). The Ministry of Food and Drug Safety (MFDS) will need to establish specific implementing regulations setting out a.o. the procedure patients must follow to qualify.

The bill is available here (KO) and a related article here.

THAILAND ‒ First country in Southeast Asia to approve the use of medical cannabis

On 25 December 2018, the Thai National Legislative Assembly approved a bill to legalise the medical use of cannabis on the condition that the legislation is reviewed after five years. This makes Thailand the first country in Southeast Asia to allow the use of medical cannabis.

A related article is available here.

UK – NHS Department of Health and Social Care sends information letter to clinicians regarding cannabisbased
products for medicinal use

On 31 October 2018, the NHS sent a letter providing support and guidance following the rescheduling
of certain cannabis-based products for medical use to clinicians in the UK. In particular, the letter sets out their expectations of what this regulatory change will mean in practice for clinicians working in the NHS and in private practice in England.

The information letter is available here.

UK – Health and Social Care Committee launches medicinal cannabis inquiry

On 7 December 2018, the Health and Social Care Committee opened a new inquiry on medicinal cannabis through which it is seeking evidence on the usage of medicinal cannabis products as the first part of a wider inquiry into the impact of drugs policy on public health.  Written submissions are expected before 8 February 2019 and shall answer several points as detailed on the Committee’s page.

The inquiry details are available here.

US ‒ Epidiolex®, the first FDA-approved plant-derived cannabinoid medicinal product, available on prescription in the US

On 1 November 2018, GW Pharmaceuticals announced that its cannabis-based medicine Epidiolex became available in the US (50 states) following the rescheduling of FDA-approved medicines containing plant-derived CBD (with no more than 0.1% THC) in schedule V of the US Controlled Substance Act (i.e., including substances with the lowest potential for abuse).

FDA approval is available here, DEA rescheduling decision here and a related article here.

US – Cannabis among ballot measures for 2018 midterm elections

The legalisation of medical or recreational cannabis figured within the ballot measures in four US states in the US midterm elections of 6 November 2018. Whereas Utah and Missouri voted for the legalisation of medical cannabis, Michigan became the first Midwestern state to legalise recreational cannabis.

A related article is available here.

2.2. WELLBEING CANNABIS

AUSTRIA – Government decree bans CBD in food and cosmetics

On 9 December 2018, the Austrian Ministry of Social Affairs confirmed that a Government Decree of 4 December 2018 sets forth that the sale of CBD-containing food and cosmetics is not permitted in Austria.

The decree is available here (DE), the statement of the Ministry of Social Affairs here (DE)

BELGIUM – Authorities release Q&As on use of cannabinoids in food and other products

In November 2018, the Belgian Federal Public Service for Health, Food Chain Safety and Environment and the Federal Agency for the Safety of the Food Chain published a Q&A on the use of cannabinoids (such as CBD) within foodstuffs. The Q&A states that foodstuffs based on CBD extracts, including CBD oil, are considered as novel foods and not currently authorised in Belgium. Similarly, the Federal Agency for Medicines and Health Products published a Q&A on the use of cannabinoids in other products such as cosmetics and consumer products.

The Q&As are available here and here (FR/NL).

CANADA – Proposed amendments to Cannabis Act and Regulations authorising the sale of new classes of cannabis products

On 22 December 2018, the Government of Canada (Department of Health) proposed to amend Schedule 4 to the Cannabis Act and the Cannabis Regulations to add three new classes of cannabis that could be legally sold by federal licence holders and provincially and territorially authorised distributors and retailers (“edible cannabis”, “cannabis extracts”, and “cannabis topicals”). The proposal is subject to a public comment period ending 60 days following its publication.

The proposed amendments are available here and an explanatory table here.

DENMARK – Danish Veterinary and Food Administration (DVFA) issues guidance on regulations for food containing cannabidiol (CBD)

On 30 October 2018, the DVFA issued guidance on regulations for food containing CBD. The guidance states that pure CBD as well as hemp products with concentrated levels of CBD are considered novel foods but also lists products which should not be considered as novel foods e.g. hemp seeds, seed flour, protein powder from seeds and seed oil from authorised hemp varieties.

The DVFA guidance is available here.

GERMANY The German Federal Institute for Risk Assessment recommends minimising the level of THC in hemp-containing foods

On 8 November 2018, the German Federal Institute for Risk Assessment (BfR), after assessing the risk of psychogenic and pharmacological effects through the consumption of hemp-containing foods with customary levels of THC, concluded that this consumption could lead to a level of THC absorbed in excess in comparison with the acute reference dose (ARfD) proposed by the European Food Safety Authority (EFSA) and therefore has recommended to
minimise the level of THC in hemp-containing foods.

The risk assessment is available here (DE) and a summary here.

ITALY – Italian Government notifies draft regulation defining maximum THC levels in food

On 30 October 2018, the Italian Government notified a draft regulation laying down maximum levels of THC in food to the European Commission through the Technical Regulation Information System (TRIS). The limits are defined for foodstuffs derived from hemp (seeds, flour obtained from seeds, oil obtained from seeds) and for supplements containing hemp-derived foodstuffs.

The TRIS notification and draft regulation are available here.

LUXEMBOURG – Health Ministry publishes note on cannabis and hemp derived products

On 2 October 2018, the Health Ministry published a note on cannabis and hemp-derived products to clarify the regulations applicable to those products. The note covers a wide range of products (including natural and chemical raw materials, extracts for cosmetic use, food-related use, smoking and other industrial purposes).

The note is available here (FR).

MEXICO – COFEPRIS authorises the first 38 non-prescription cannabis products in Mexico

On 21 November 2018, the Ministry of Health, through the Federal Commission for the Protection against Sanitary Risks (COFEPRIS), announced the authorisation of the first 38 cannabis products, including food products, food supplements and cosmetics, following guidelines published by the Commission on 30 October 2018. All these products contain less than 1% THC, but contain other cannabinoids such as CBD.

The COFEPRIS guidelines are available here (ES) and the press release here (ES).

US – WASHINGTON – State regulators approve new rules for marijuana edibles

On 12 December 2018, the Washington State Liquor and Cannabis Board issued a new interim policy regarding the packaging and labelling requirements for cannabis infused edible products. This interim policy has been taken in order to clarify the rules for licensees, protect the public and to reduce risk of accidental exposure to cannabis derived products by youth and children.

The interim policy is available here and a related article here.

2.3. RECREATIONAL CANNABIS CANADA – Canadian Securities Administrators publish guidance on good disclosure practices for issuers in the cannabis industry

On 10 October 2018, the Canadian Securities Administrators (CSA) published guidance on good disclosure practices for issuers in the cannabis industry so that investors are provided with transparent information about financial performance and risks and uncertainties, to support informed investing decisions. The guidance follows the review of disclosures of 70 reporting operating issuers, and identified specific areas where issuers are expected to improve their disclosure.

The guidance (staff review) is available here.

CANADA – Unequal treatment for cannabis retailers across Canada

On 19 November 2018, one month after Canada legalised recreational cannabis, Alberta issued nearly 70 private retail licences, while British Columbia issued only one to a public retailer and another to a private store. Businesses in British Columbia remain in the dark about when their applications will be approved.

Related articles are available here and here.

FRANCE – France introduces lumpsum fine of EUR 200 for unauthorised cannabis use

On 23 November 2018, the French Parliament voted in favour of the introduction of a EUR 200 lumpsum fine for (illegal) cannabis users. Earlier in October, the Senate also voted in favour of the new measure. Until now, illegal cannabis use could only be sanctioned by imprisonment and a higher fine of EUR 3750, but these sanctions are rarely imposed. The bill is still going through the legislative procedure.

The pending bill is available here (FR).

LUXEMBOURG – Luxembourg set to become first EU country to authorise recreational cannabis?

A coalition agreement dated 3 December 2018, signed for the purpose of the formation of the new Luxembourg Government (20182023), proposes the legalisation of recreational cannabis use by adult residents. No specific timetable is set for the adoption of such measure. The agreement also establishes a two-year evaluation period for Luxembourg’s medical cannabis program (legalised earlier this year).

The coalition agreement is available here (FR) and a related article here.

MEXICO – Supreme Court declares ban on recreational cannabis use unconstitutional

On 31 October 2018, Mexico’s Supreme Court ruled that an absolute ban on recreational use of cannabis was unconstitutional in the latest two of five similar rulings on the matter, effectively leaving it to lawmakers to regulate consumption of cannabis in Mexico. The Court ordered federal health regulator COFEPRIS to authorise people seeking the right to use cannabis to do so personally.

Related articles are available here and here (ES).

MEXICO – Mexico introduces bill to legalise recreational cannabis use

On 8 November 2018, and following two rulings by the Supreme Court holding Mexico’s ban on recreational cannabis use unconstitutional, Interior Minister Olga Sanchez Cordero proposed a bill to legalise cannabis. If it passes, each person will be allowed to have up to 20 plants at a time for personal consumption. The bill would also include regulating and monitoring production, sales, and consumption.

Related articles are available here and here (ES).

NEW ZEALAND – Government confirms recreational cannabis referendum in 2020

On 18 December 2018, the Minister of Justice of New Zealand confirmed that a referendum on recreational cannabis use will be held at the 2020 election, and that the outcome there-of will be binding.

A related article is available here.

SOUTH AFRICA ‒ Constitutional Court gives green light to private cannabis use

In September 2018, the Constitutional Court decriminalised the possession, consumption and cultivation of cannabis by adults in private places. The ruling also approved growing cannabis for personal consumption. The Court gave parliament 24 months to change the law to reflect its ruling.

The Constitutional Court’s decision is available here and a related article here.

UNITED NATIONS – WHO postpones recommendations on the international scheduling of cannabis

Following the WHO’s Expert Committee on Drug Dependence (ECDD) meeting from 1216 November 2018, the ECDD’s recommendations on the international scheduling of cannabis were expected to be released on 7 December at the Commission on Narcotic Drugs (CND) session in Vienna. However, the WHO indicated to need more time to complete the evaluation process. No new date was provided for the release, but member states are expected to vote
on the issue in March 2019.

The presentation of the 41th ECDD meeting is available here and a related article here.

3. SELECTED INDUSTRY AND MARKET NEWS

  • Business News

2018 International Cannabis Business Year in Review – 28-12-2018 – Marijuana Business Daily

Cannabis continued to make headlines around the globe in 2018, from the historic legalization of recreational use in Canada to passage of medical marijuana legislation in traditionally conservative countries. 2018 International Cannabis Business Year in Review is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs…

Pot Producer Aphria Rejects $2.1 Billion Green Growth Hostile Bid – 28-12-2018 – Bloomberg

Canadian marijuana producer Aphria Inc. rejected a planned C$2.8 billion ($2.1 billion) hostile offer by U.S. cannabis retailer Green Growth Brands...

Growth slows for German medical cannabis market in third quarter – 27-12-2018 – Marijuana Business Daily

Demand for medical marijuana in Germany continued to increase in the third quarter, albeit at a slower pace than the previous quarter. Total cannabis sales covered by statutory health insurance surpassed 50 million euros ($56.8 million) in the first nine months of 2018, with all categories of allowed medical cannabis posting gains between the second…

Brewer AB InBev partners with Tilray to tap cannabis drink market – 19-12-2018 Reuters

AnheuserBusch InBev (ABI.BR), the world’s largest brewer, and Canadian pot producer Tilray Inc (TLRY.O) are partnering in a $100million joint venture to research cannabis-infused non-alcoholic drinks for the Canadian market, the companies said Wednesday…

Tilray Goes Global With Novartis Marijuana Sales Partnership – 18-12-2018 – Bloomberg

Tilray Inc. has signed a global partnership with a division of Swiss drug giant Novartis AG to develop and distribute its medical marijuana in legal jurisdictions around the world…

Altria to marry pot with big tobacco in $1.8 billion Cronos deal – 07-12-2018 – Reuters

Marlboro cigarette maker Altria Group Inc announced a $1.8 billion investment in Cronos Group Inc on Friday, which could give it up to 55-percent ownership of the Canadian cannabis producer. The deal represents by far the biggest investment by a major tobacco conglomerate in a cannabis company…

Israel's Cannbit eyes medical cannabis growth, export in Portugal – 03/12/2018 – Reuters

Cannbit (CPHO.TA), an Israeli grower of medical cannabis, said on Monday it was examining the possibility of establishing a cannabis farm in Portugal as part of its strategy to expand outside of Israel. Cannbit said it was possible to grow medical cannabis in Portugal and export it from there, with the necessary licenses and permits required by authorities in the country

Neal Brothers and Newstrike partner on cannabis edibles – 28-11-2018 – The Globe And Mail

Food entrepreneurs Chris and Peter Neal, best known for Neal Brothers chips and salsa, have teamed up with Newstrike Brands Ltd. in the first publicly announced deal between an established Canadian food company and a cannabis grower. The joint venture will see Neal Brothers Brands Inc. and Newstrike cooking up cannabisinfused
goodies in a kitchen in Newstrike’s facility in Grimsby, Ont…

Pernod Ricard eyes 12-18 months to assess cannabis legislation impact – 21-11-2018 – Reuters

The head of Pernod Ricard said on Thursday it will take 12-18 months before the French spirits group can assess whether the legalisation of cannabis will impact the consumption of premium spirits…

The Canadian Canopy Growth, one of the largest growers of medicinal cannabis in the world, is going to invest heavily in Europe – 08-11-2018 ‒ Bloomberg

Canopy Growth Corp., one of the world’s biggest medical cannabis companies, is planning a major investment in Europe. The marijuana grower will spend more than 100 million euros ($115 million) to expand production in the EU over the next two years, according to Pierre Debs, managing director at Canopy’s Spectrum Cannabis Europe division…

Molson stands at ready position for edibles; Estimates suggest the cannabis-infused-drinks segment could be worth at least $1.5billion ‒ 01-11-2018 ‒ The Globe and Mail (Globeinvestor)

Molson Coors Brewing Co. expects to “secure a meaningful share” of the cannabis-infused beverage market when edibles are legalized in Canada, the company's chief executive said. “We will be in a ready-to-go position and, you know, one of the first on the playing field as the market opens up,” Mark Hunter said in a conference call with analysts after the company released its third-quarter...

Constellation to sell off wine brands to focus on cannabis, beer ‒ 23-10-2018 ‒ Marijuana Business Daily

One of the world’s largest alcohol producers, Constellation Brands, plans to shed some of its U.S.based wine portfolio as part of a strategic shift to beer and marijuana products, according to an exclusive report by Reuters. Constellation increased its ownership in Canadian licensed cannabis producer Canopy Growth in August with an industryrecord
investment […]  Constellation to sell...

  • Financial Markets

RBC capital markets will start doing deals for pot companies – 18-12-2018 – Bloomberg

RBC Capital Markets has decided to begin doing deals in the cannabis industry. […] “Under certain circumstances with certain customers, we’ll participate,” RBC Capital Markets head Doug McGregor said Tuesday in an interview. “We’re going to be selective in our approach, frankly, but within the bank we’ve established a policy that we’re comfortable with.”…

Infused cannabis product maker Dixie Brands posts $2.4 million loss in third quarter – 10-12-2018 – Marijuana Business Daily

Denver-based Dixie Brands reported a net loss of $2.4 million in its fiscal third quarter, even though revenues more than doubled. The maker of infused marijuana beverages and products posted revenue for the quarter of $2.43 million – up nearly 110% from the year-ago quarter…

Cresco Labs Begins Trading on the Canadian Securities Exchange Under Ticker Symbol ‘CL’ – 03-12-2018 – Market Watch

Cresco Labs Inc., one of the largest vertically integrated multistate cannabis operators in the United States, begins trading today on the Canadian Securities Exchange ("CSE") under the ticker symbol "CL."

Leading U.S. marijuana firms list shares on Canadian stock exchange ‒ 17-11-2018 ‒ Marijuana Business Daily

Three top American cannabis firms made their trading debuts on the Canadian Securities Exchange (CSE) this week, continuing the frenzy of U.S.based marijuana companies turning to Canada's public markets to raise capital. Here’s a quick rundown of what investors need to know: Multistate cannabis operator Acreage Holdings listed its shares under the ticker symbol ACRG…

Canadian marijuana firm Canopy Growth posts bigger net loss as expenses rise ‒ 14-11-2018 – Reuters

Canopy Growth on Wednesday posted a bigger quarterly net loss as the Canadian marijuana producer spent more in the weeks before full legalisation of recreational use in mid-October…

Cannabis firm Tilray shares pull back on bigger-than-expected loss ‒ 13-11-2018 – Reuters 

TORONTO, 13 November : Canadian cannabis producer Tilray Inc reported an 86 percent jump in third-quarter revenue on Tuesday, but a wider-than-expected loss weighed on shares in after-hours trading…

Banks pass on marijuana loans, for now ‒ 02-11-2018 ‒ Reuters

NEW YORK, Nov 2 (LPC): Wall Street is warming up to the idea of financing marijuana producers as the sector blossoms, but concerns with regulation and reputational damage could stop banks from lending in the short term…

  • Regulatory and Enforcement News

Mascara containing cannabis oil seized; CNB also orders Singapore company to stop import, sale of product created by US firm – 21-12-2018 – The Straits Times (Singapore)

The Central Narcotics Bureau (CNB) has seized cannabis oil-infused mascara from a local skincare shop. Officers from CNB went to Skinx in Amoy Street on Wednesday morning and seized the product, a Skinx spokesman told The Straits Times. The mascara in question is Kush High Volume Mascara, created by Milk Makeup, a cosmetics company based in New York City. A CNB spokesman told The Straits ...

Battelle and Canopy Growth Announce Strategic Collaboration to Advance Cannabis Research – 27-11-2018 – Batelle Press Release

Battelle, the world’s largest non-profit research and development organization, and Canopy Growth Corporation, the world’s largest diversified cannabis company, today announced the completion of multiple fully legal cannabis imports from Canada to the United States. Battelle and Canopy Growth will work together to advance knowledge surrounding cannabis in support of medical research and novel product development…

Uses of illicit psychoactive substances in France: results of the health barometer 2017 – 26-11-2018 Santé Publique France

Experimentation: in 2017, cannabis remains by far the most experienced illicit product in France. Nearly half of adults (45%) have already used it (42% in 2014).The proportion of yearly” users (11%, i.e. one adult in ten) has not changed compared to 2014 and the proportion of regular users (at least 10 times in the month) has increased from 3.1% to 3.6%. In addition, 2.2% of 1864 year olds report daily use (1.7% in 2014)…

Columbia Care Leads U.S. Cannabis Industry Towards Global Expansion By Becoming First American Company Licensed in European Union ‒ 16-11-2018 – Global News Wire

Columbia Care LLC, the leading medical cannabis company in the United States (U.S.), announced today that it received notification that its application for licensure in Malta has been approved by Malta Enterprise, the country’s economic development agency. Upon completion of the final regulatory steps, Columbia Care will be able to import, export, cultivate…

Israeli medical cannabis pioneer hit with ‘temporary closure’ ‒ 02-11-2018 ‒ Marijuana Business Daily

The largest supplier of medical marijuana in Israel is not distributing or selling products from its facility in Biriya after the Ministry of Health raised questions over a new drying process ‒ but the company expects the facility to be up and running in a matter of days. Tikun Olam CEO Aharon Lutzky said the […] Israeli medical cannabis pioneer hit with ‘temporary closure’ is a post from...​​​​

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.