Cannabis

CANNABIS

Amidst a complex and rapidly changing regulatory scheme, McMillan’s cannabis industry lawyers are at the leading edge of industry developments. McMillan’s Cannabis Practice Group is one of the largest groups of its kind in Canada. Our specialized team of lawyers works closely with a wide range of industry participants, including licensed producers and retailers. They also work with innovators, investors, technology and other service providers, to help them succeed in the medical cannabis industry.

Among Canada’s top business law firms, McMillan is leading the way in providing innovative and practical solutions to business clients in the evolving cannabis industry. Experts in facilitating business growth, McMillan represented Aurora Cannabis Inc. in its US $2.5 billion (CAD $3.2 billion) acquisition of MedReleaf Corp, the largest M&A deal in the Cannabis sector to date in all of Canada. We also represented iAnthus Capital Holdings Inc. in its $835 million acquisition of MPX Bioceutical Corporation, the first public company-to-public company acquisition involving US cannabis assets.

Our lawyers are experienced professionals with significant in-depth knowledge of the laws, regulations and business landscape of Canada’s medical cannabis industry. Our cannabis industry lawyers provide clients with valuable legal solutions for financing, accessing public markets, licensing and regulation, employment law and workplace issues, mergers and acquisitions, tax structuring and intellectual property matters, whether you are just entering the market or you are already established in the sector.

We help our clients lead by:

structuring financing arrangements through private equity, public markets, and venture capital,
navigating the complex medical marijuana regulatory system, assisting with regulatory approvals,
advising on mergers, acquisitions and divestitures,
assisting with labelling, advertising and distribution matters,
drafting comprehensive employment agreements and workplace policies in compliance with applicable laws,
advising on tax matters, and
assisting with patents, trademarks, licensing, outsourcing and strategic alliances

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Cannabis Practice Group Brochure

Primary Contacts

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Desmond M. Balakrishnan

Partner, Capital Markets & Securities | Gaming

Vancouver

desmond.balakrishnan@mcmillan.ca Phone

604.691.7462

Georges Dubé

Partner, Capital Markets & Securities

Toronto

georges.dube@mcmillan.ca Phone

416.865.7876

James Munro

Partner, Capital Markets & Securities

Vancouver

james.munro@mcmillan.ca Phone

604.691.7491

News

Insights (34 Posts)

Good Smoke? More Guidance on Good Faith from the Ontario Court of Appeal

A recent decision by the Ontario Court of Appeal provides more guidance on good faith.

Feb 14, 2022

Has COVID-19 Lit the Fuse on Insolvencies in the Canadian Cannabis Industry?

We look at the recent market analysis of the Canadian cannabis industry and challenges in cannabis restructuring.

Apr 9, 2020

CSA Notes Inadequate Disclosure of Financial Interest in Cannabis M&A

Securities regulators provided guidance regarding disclosure of financial interests and conflicts of interest in Cannabis transactions

Nov 15, 2019

24-Hour Rule: Court Confirms Limits of Medically Prescribed Cannabis Use in the Workplace

The Supreme Court of Newfoundland and Labrador (“Supreme Court”) has issued an important decision about the limits of accommodating the use of medically prescribed cannabis by an employee working in a safety-sensitive position.

Jun 24, 2019

The Next Phase of Canadian Cannabis: What to Expect in 2019 and Beyond

On June 14, 2019, Health Canada unveiled its Final Regulations for New Cannabis Products

Jun 21, 2019

Regulation of CBD in the United States – Balancing Public Safety and Social Considerations with Industry Expectations and Consumer Demand

CBD (cannabidiol) is currently an industry hot topic.

Jun 16, 2019

First Mover Advantage: The Legalization of Adult Use Cannabis in Canada

Whether you are new to the cannabis industry, interested in starting a cannabis business, or have been seizing opportunities for a while — join us for an interactive day on the strategic and legal implications of the legalization of cannabis in Canada.

Details

October 30, 2018 - 7:30 am to 3:35 pm

CSA Publishes Review of Disclosure of Reporting Issuers in the Cannabis Industry

On October 10, 2018, the Canadian Securities Administrators published CSA Staff Notice 51-357, reviewing disclosure practices, deficiencies and best practices.

Oct 17, 2018

Can we Implement Random Cannabis Drug Testing?

In certain circumstances an individual employee who has an alcohol or drug problem may be tested BUT random testing is not automatic.

Oct 11, 2018

Understanding Cannabis Rules for Employees who Travel to Canada or the United States for Business

Despite cannabis legalization, it is and will continue to be illegal for travellers to bring cannabis or any product containing cannabis into Canada or the US.

Oct 11, 2018

If Employees are Impaired by Cannabis at Work, Can we Terminate them?

The law is clear that there is no absolute right to use cannabis at work, even with a prescription. However, the issue gets complicated by other key factors.

Oct 11, 2018

To What Extent Must Employers Accommodate Medical Marijuana in the Workplace?

Although the obligation to address medical marijuana use by employees has added to the scope of concerns faced by Canadian employers, employers' broad obligations have not changed.

Oct 11, 2018

Testing for Marijuana: Is it Effective?

Marijuana impairment can be detected through visible signs and confirmed by a biological test; however, the more useful metric of functional impairment cannot be reliably measured.

Oct 11, 2018

Helping Your Workplace Navigate the Legalization of Marijuana

McMillan has published a report entitled "McMillan (Chronic)le" to address questions to help your workplace navigate the decriminalization of cannabis.

Oct 3, 2018

B.C. behind the curve on retailing recreational cannabis on eve of legalization

A change in government helped put B.C. behind the curve on retailing legal cannabis, but merchants are more interested in getting the structure right than making it fast.

Sep 18, 2018

How Far is Too Far? Court Strikes Down the City of Richmond’s Attempt to Curtail the Cannabis Industry

The decision in 0826239 B.C. Ltd. v City of Richmond and Joe Erceg curtailed the attempt by The City of Richmond to the prevent production of medical marijuana

Sep 13, 2018

Puff, Puff, Pass-ed: What Employers Need to Know About Cannabis Legalization

Join us for an interactive webinar as we take a closer look at the potential impact of cannabis legalization, as well as the rights and responsibilities of employers in the Bill C-45 era.

Sep 12, 2018

Employers, Entrepreneurs…Get Ready! Cannabis will be Legal in Canada

On June 19, 2018, the Canadian Senate passed Bill C-45, The Cannabis Act, which establishes the framework for the production, sale, distribution and possession

Jun 26, 2018

Cannabis in the Capital Markets

James Munro discusses the "once-to-twice-a-generation opportunity for lawyers" on the legalization and regulation of marijuana.

Jun 12, 2018

B.C. Government Unveils Trio of Cannabis Bills for Provincial Cannabis Regulation

British Columbia's provincial government unveiled its draft legislation on the regulation and implementation of non-medical (consumer) cannabis in the province.

May 23, 2018

HRTO Confirms There is No Absolute Right to Use Medical Marijuana at Work

Human Rights Tribunal of Ontario ("HRTO") confirmed that there is no absolute right to use medical marijuana in the workplace

May 17, 2018

In Aurora, Securities Regulators Affirm the New Take-over Bid Regime and Signal that Exemptive Relief under the New Regime will Prove to be Difficult and that Tactical Shareholder Rights Plans may be Extinct

The OSC and the FCAAS released their reasons for the orders granted concerning the hostile take-over bid by Aurora Cannabis Inc. for CanniMed Therapeutics Inc.

Mar 20, 2018

Strong Roots in Stormy Weather: Federal Government Affirms Commitment to Legalize Cannabis by July 2018 in Light of Premier Uncertainty

Aug 16, 2017

Compliant at this Time: Canada’s Options Regarding its Treaty Obligations and the Legalization and Regulation of Non-Medical Cannabis

Compliant at this Time: Canada's Options Regarding its Treaty Obligations and the Legalization and Regulation of Non-Medical Cannabis

Jul 6, 2017

Prohibition to Go Up in Smoke: Government of Canada Introduces Legislation to Legalize and Regulate Non-Medical Access to Cannabis

Apr 17, 2017