11/15/2017: Medicinal Cannabis License Requirements should be Subjected to thorough scrutiny

Some time ago, interested applicants had the possibility to apply for a so-called ‘cannabis growing license’ from the so-called state ‘Cannabis Board’. However, since a maximum of only ten licenses will be issued (cultivation of medicinal cannabis in Germany is to start in 2019), many companies will not be successful.

This means that a so-called ‘medicinal cannabis import license’ will become increasingly interesting for many companies and will enable them to import medicinal cannabis from other countries to Germany where demand for medicinal cannabis is high and bottlenecks have already occurred.

However, interested companies are urgently advised to consider the applicable legal provisions regarding the import of medicinal cannabis.

Important provisions in this context are the applicable provisions, for instance, sec. 52 a of the Medicinal Products Act [AMG, Gesetz über den Verkehr mit Arzneimitteln] (Wholesale trading of medicinal products) and sec. 72 AMG (Import authorization) and, in particular, the applicable provisions of narcotic drugs and psychotropic substances legislation, such as sec. 3 of the Narcotic Drugs and Psychotropic Substances Act [MtMG, Betäubungsmittelgesetz] (Circulation authorization), certificate of competence and obligation to apply for a license (sec.6, 7 BtMG) and, for instance, also the required protection measures pursuant to sec. 15 BtMG (which can include, for instance, warning and alarm systems, vaults and security staff) as well as the customs requirements that must be complied with.

All these rules must hence be examined in detail in each and every case in order to avoid fines which can be high in infringement cases.

Dr. Späth & Partner Rechtsanwälte mbB will be pleased to advise you for your project.

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