Cannabis in Canada

Cannabis in Canada

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Regional Capabilities

Few industries present more complex legal issues than the legal cannabis industry. As a result of the 2016 Access to Cannabis for Medical Purposes Regulations (ACMPR) and the recent tabling of Bill C-45 with respect to the legalization of recreational cannabis, the cannabis industry is rapidly expanding and evolving.

The shift from prohibition to cautious legalization is creating opportunities not just for producers of cannabis, but for a wide range of supporting and spin-off industries.

Legalization in Canada and the associated influx of investment capital is a springboard for opportunities beyond Canada’s borders, in established and emerging legal cannabis markets. Canadian first-movers are already becoming key players in the global cannabis industry. At the same time, cannabis producers from the United States, South America and abroad are seeking access to the Canadian capital markets.

When you partner with Dentons, you tap into our full range of experience across a number of legal fields. We collaborate with colleagues throughout the firm to identify and comprehensively address a wide range of complex issues such as:

Cultivation and production licensing: Working with clients in multiple provinces on cultivation and production license applications and all related regulatory considerations.
Going public transactions and financings: Working with some of Canada's leading licensed producers on their going public transactions and financing activities. We have also counseled US producers on going public transactions in Canada.
Investments and investors: Providing legal advice on strategic acquisitions of distribution and patient aggregation targets. We also assist producers and individual investors on a range of investments including cross-border private and public securities offerings and equity investments in, and loans to, industry participants.
Distribution and marketing: Providing deep technology, privacy and consumer protection knowledge to assist with the distribution and marketing platforms for cannabis and related products and services.
Real Estate: Counseling producers and applicants on their real estate acquisitions, facility construction and zoning matters.
Clinical trials: Counseling clients on all aspects of their clinical trials, including negotiating trial agreements and all related procurement agreements.

Experience

Canopy Growth Corporation: Advising on licensing agreements and joint venture agreements.
Canopy Growth Corporation: Advising on litigation, dispute resolution and risk analysis, including protection of intellectual property.
Canopy Growth Corporation: Advising in connection with its strategic acquisitions, including MedCann GmbH Pharma and Nutraceuticals, and other corporate and transactional matters.
Confidential client: Advised a marijuana life style brand on formation, financing and corporate partnership matters.
Confidential client: Advising Canadian licensed producers on expansion into medical cannabis regulatory regimes in jurisdictions outside Canada, including the United States, Germany, Australia, and the Netherlands, including providing advice on cannabis imports, exports and public procurement in those jurisdictions.
Confidential client: Advising on all legal aspects involved in the formation of a Marijuana licensing aggregator platform.
Cronos Group: Advising in connection with a CA$17.3 million bought deal offering.
Emblem Corp.: Advising in connection with its reverse takeover of Saber Capital Corp. for CA$74.9 million.
Emblem Corp.: Advising in relation to a going public transaction by way of plan of arrangement.

Recognition

Dentons lawyers get recognized in the inaugural Lexpert Special Edition: Agribusiness and Cannabis 2020

June 12, 2020

Dentons congratulates four of our partners who are recognized as leading lawyers in the Lexpert Special Edition: Agribusiness and Cannabis 2020.

Insights

Litigation and Dispute Resolution 2024 Outlook

February 13, 2024

Global financial instability, high inflation, central bank rate hikes and geopolitical uncertainties have significantly impacted the Canadian legal landscape, giving rise to new industry trends and a noticeable increase in litigation cases filed across the country.

Canada’s competitive advantage in the global cannabis sector

December 21, 2020

Canada: Canadian Cannabis companies have a unique window of opportunity to retain the leading position in this growing global sector. Having passed the two-year 'canniversary' of the federal Cannabis Act, and with more than 1,000 new cannabis retail stores expected to open across the country next year, business leaders are well-positioned to leverage insights and shift the focus from cultivation to innovation.

Global cannabis trade: A primer on Canadian import/export requirements for cannabis

January 15, 2020With the continued trend of liberalization of cannabis laws around the world, global cannabis business opportunities and barriers are changing at a rapid pace. One of the next major steps in the globalization of the cannabis industry is international trade, which will allow cannabis companies to harness the competitive advantage of differing markets around the world.

News and Events

In the Media

Eric Foster – Featured in "CannTrust CEO Peter Aceto fired amid scandal," BNN Bloomberg, July 26, 2019
Eric Foster – Quoted in "Canada's new cannabis licensing favors richer companies, experts say", Thompson Reuters, July 26, 2019
Eric Foster – Quoted in "Pot stocks plunge as CannTrust woes cast shadow over cannabis sector", The Globe and Mail, July 12, 2019
Eric Foster – Featured in "CannTrust audit sparks 'wake-up call' for better pot governance," BNN Bloomberg, July 8, 2019
Eric Foster – Featured in "Cannabis Canada Daily: CannTrust plunges after Health Canada audit flags discrepancies," BNN Bloomberg, July 8, 2019
Eric Foster – Quoted in "'Companies backed by major cannabis producers are inking deals with Ontario retail lottery winners," Financial Post, February 14, 2019
Eric Foster – Quoted in "'We don’t need 100 cannabis companies': Analyst expects uptick in short sellers, activists," BNN, February 2019
Eric Foster – Quoted in “Ontario’s move to license only 25 stores by next April forces would-be retailers to make some tough decisions”, The Globe and Mail Metro (Ontario Edition), December 2018
Eric Foster – Quoted in “Looking south: Canopy’s stealthy U.S. strategy”, Globe and Mail, December 2018
Eric Foster – Quoted in “Marketing guide highlights uncertainty in cannabis promotion rules, lawyers say”, The Lawyer’s Daily, November 2018
Eric Foster – Quoted in “New cannabis retail regulations ‘step in right direction’ if enforcement has teeth, lawyers say”, The Lawyers Daily, November 2018
Eric Foster – Featured on “Pot supply problems”, CTV News Channel, October 2018
Eric Foster – Quoted in “Creative marketing 101: How to enhance the on-site experience”, Report on Business Cannabis Professional, October 2018
Eric Foster – Quoted in "Canada-U.S. cannabis deals back on after regulators go easy", Financial Post, February 2018
Eric Foster – Quoted in "Firms identify areas most impacted by cannabis legalization in 2018", The Lawyer's Daily, December 2017
Eric Foster – Guest speaker, "Expect a supply shortage after marijuana is legalized: Dentons", BNN, November 2017
Eric Foster – Interviewed by Business of Cannabis on his perspective on why 2018 will be a year of, “expansion, expansion and consolidation, November 2017
Eric Foster, Keith Stein and Andreas Kloppenborg – Quoted in "Three Law Firms See Green in Cross-Border Cannabis Deal", The American Lawyer, November 2017
Dentons Canada LLP – Mentioned in "New Collaboration Joins Three of the Worlds Most Influential Cannabis Businesses", Canadian Insider, November 2017

Recent Press Releases

Chambers and Partners recognizes Dentons in the 2025 Canada Guide

September 25, 2024

Chambers and Partners has once again recognized Dentons in Chambers Canada: Canada’s Leading Lawyers for Business 2025. As Canada’s Global Law Firm, we capitalize on our expansive geographic reach and national strength to provide a tailored experience for our clients to help them grow, protect, operate and finance their business.

Chambers Canada 2024 rankings demonstrate Dentons’ continued growth and depth of talent across all areas

September 28, 2023

We are pleased to share that Dentons has achieved a record number of rankings in Chambers Canada: Canada’s Leading Lawyers for Business 2024.

Dentons advises Green Leaf Medical on its proposed sale to Columbia Care for US$240 million

December 29, 2020

Dentons has advised Green Leaf Medical LLC on its proposed acquisition by Columbia Care Inc. for approximately US$240 million, plus additional consideration payable upon the achievement of certain milestones.

View all press releases for Cannabis in Canada