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Dentons prepare legal opinion for DEMECAN on the legalisation of cannabis as a stimulant in Germany

As things gain momentum in the German cannabis industry, in preparation for a legal adult-use market, legal issues are now being refined to ensure every move is compatible with international law. Today we saw a leading German cannabis company, Demecann, publish the findings from renowned German law firm Dentons. Below is the statement from Dentons.


The global commercial law firm Dentons has prepared a legal opinion for DEMECAN GmbH on the possibility of legalizing cannabis for stimulant purposes in Germany. The results show that legalization can succeed in accordance with legal compliance with international law and EU law, especially if the entire added value takes place in Germany.

DEMECAN covers the entire production chain for medical cannabis - from cultivation to further processing and storage to distribution to pharmacies. The company works with cannabis producers worldwide and was founded with the aim of guaranteeing patients access to medical cannabis in "Made in Germany" quality.

The legalization of cannabis as a stimulant in Germany is facing a number of legal obstacles - especially European and international - obstacles. In our report, we showed our client solutions to pave the way for the legalization of stimulant cannabis in Germany, says Peter Homberg, lead partner at Dentons and head of the European cannabis practice group.

Peter Homberg and his team have developed four scenarios, all of which regard a national supply chain as a preferred solution. For legalization, it is particularly important that the cultivation of cannabis takes place under state control in Germany. Under the current international law conditions, cross-border trade in THC-containing cannabis for pleasure purposes is not feasible without significant violation of applicable international law.

"We now have the opportunity to develop a pioneering solution and thus take an international pioneering role in Germany in the legalization of cannabis for pleasure purposes. Both international law and European law represent challenges that are best met by limiting production and supply chain to Germany," comments Dr. Constantin von der Groeben, Managing Director of DEMECAN GmbH, the legal opinion.

However, according to the expert opinion of the Dentons team, in order to enable the legalization of cannabis as a stimulant in Germany in the future, an adaptation of Germany's obligations under international and European law is also essential. These include in particular the international treaties to which Germany has acceded, such as the United Nations Single Convention on Narcotic Drugs of 1961, the 1971 Convention on Psychotropic Substances, and the United Nations Convention against the Illicit Traffic of Narcotic Drugs and Psychotropic Substances of 1988.



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