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Cannabis in Canada: The State of the Law

October 17, 2018, marks a historic day in the evolution of cannabis regulations both domestically and abroad. As the first state in the G20 to regulate recreational cannabis, Canada has become the international leader in the development of sensible and progressive policies governing the cultivation, processing, sale and possession of cannabis.

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Franchise and Retail in the Cannabis Industry

As a proven model for the distribution of products and services across a broad range of trade channels, franchising has become an essential source of economic activity in Canada and around the world. Consumers are reliant on franchised businesses to access a vast array of branded products and services, while the franchised businesses that offer them work to establish and entrench the consumer experience and quality standards associated with their offerings.

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Chuck Rich & Jonathan Sherman in the Financial Post: Debt Financing May Finally be on the Horizon for Cannabis Companies

Chuck Rich and Jonathan Sherman have been quoted in the Financial Post’s article titled “Canopy’s $500 Million Raise Means Debt May Finally be on the Horizon for Cannabis Companies,” published on June 22, 2018.

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Cannabis in Canada: The State of the Law Today

UPDATE: As of April 13, 2018, every province and territory in Canada had tabled legislation outlining their plans for regulating cannabis. Our primer has been updated to include proposed legislation details from across the country.

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Federal Government Releases its Proposed Approach to Cannabis Regulations

On November 21, 2017, Health Canada released its proposed approach to the regulation of cannabis in anticipation of legalization in July 2018. The proposal addressed seven broad areas relating to cannabis activities: (i) licensing and permitting; (ii) security and security clearances; (iii) cannabis tracking; (iv) cannabis products; (v) packaging and labelling; (vi) cannabis for medical purposes and (vii) health products and cosmetics with cannabis. 

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Manitoba Announces Distribution and Retail Model for Cannabis in the Province

On November 7, 2017 the Premier of Manitoba announced the proposed model of cannabis distribution throughout the province when the Federal Cannabis Act comes into force on July 1, 2018. Unlike the Ontario and Quebec models, whereby the liquor control bodies in each province have been designated as distributors and retailers of cannabis, the model in Manitoba is considered a hybrid retail and distribution, carving out roles for both the public and private sector.

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Standing Committee on Health Approves Amendments to Bill C-45 Regarding Cannabis Edibles and Concentrates

On Tuesday, October 3, 2017 the Standing Committee on Health (the HESA) approved a number of amendments to Bill C-45, the Cannabis Act (the Act).Two specific amendments will likely have a considerable impact on the recreational cannabis market:  

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Federal Government Introduces its Cannabis Tax Proposal; Alberta Unveils Proposed Provincial Framework

On Tuesday, October 3, 2017 the Government of Canada unveiled its proposal for a federal excise tax on the sale of cannabis. Under the proposal, a $1 tax would be levied on prices up to and including $10 per gram and a 10% tax would be levied on prices over $10 per gram. The proposal is for the tax revenues to be evenly split between the Federal and Provincial Governments.

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LCBO to Control Retail and Online Cannabis Sales in Ontario

Yasir Naqvi, Attorney General, Charles Sousa, Minister of Finance and Dr. Eric Hoskins, Minister of Health and Long-Term Care, announced Ontario’s planned approach to the federal legalization of cannabis as proposed by Bill C-45, the Cannabis Act, this morning. Bill C-45 left significant discretion to the provinces for determining the appropriate distribution, sale and retailing of cannabis.

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Ontario Conducts Public Consultation on Cannabis Legalization

On April 13, 2017, the Government of Canada released Bill C-45, the Cannabis Act, which, as discussed in a prior blog post, deferred significant discretion to the provinces with respect to the distribution, sale and retailing of cannabis.

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Alternative Financing Options in the Cannabis Industry

The recent developments in Canadian cannabis policy and legislation have sparked significant investment in licensed cannabis producers. Until recently, equity financing has been the primary form of financing, with Canadian cannabis companies raising approximately $1 billion over the past twelve months.

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Health Canada Improvements to the Licensing of Cannabis Production under the ACMPR

On May 26, 2017, Health Canada announced significant developments to the licensing process under the Access to Cannabis for Medical Purposes Regulations (ACMPR). As the medical cannabis industry continues to evolve, the Government of Canada has updated its licensing regime in order to streamline the process and enable increased production.

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Draft Cannabis Act Released by Canadian Federal Government

Today the federal government released Bill C-45, the draft Cannabis Act. If enacted, this will make Canada the first G7 country to legalize recreational cannabis. Cannabis will remain illegal as the bill moves through the legislative process. If it is approved by Parliament, the bill could become law with a target date of no later than July 2018, according to the Government of Canada.

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Exporting Cannabis from Canada

A Licensed Producer (LP) can obtain a permit from the federal Minister of Health to export cannabis internationally from Canada to a single and specified importer. While export permits can currently only be used to export cannabis for medical purposes, some LPs are committing considerable resources on their international exportation efforts because of the current and potential future international opportunities within the global cannabis market. Additional regulatory information regarding cannabis exportation can be found in Subdivision G of the Access to Cannabis for Medical Purposes Regulations (ACMPR). 

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