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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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INSIGHTS (33 Posts)

Featured Insight

Not all Cannabis is Created Equal: Reimbursement for Medical Marijuana

Not all Cannabis is Created Equal: Reimbursement for Medical Marijuana

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Oct 22, 2020
Featured Insight

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.

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Apr 9, 2020
Featured Insight

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

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Nov 15, 2019
Featured Insight

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.

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Jun 24, 2019
Featured Insight

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

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Jun 21, 2019
Featured Insight

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
Featured Insight

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.

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Oct 17, 2018
Featured Insight

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.

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Oct 11, 2018
Featured Insight

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.

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Oct 11, 2018
Featured Insight

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.

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Oct 11, 2018
Featured Insight

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.

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Oct 11, 2018
Featured Insight

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.

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Oct 11, 2018
Featured Insight

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.

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Oct 3, 2018
Featured Insight

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.

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Sep 18, 2018
Featured Insight

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

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Sep 13, 2018
Featured Insight
h4>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
Featured Insight

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

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Jun 26, 2018
Featured Insight

Cannabis in the Capital Markets

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

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Jun 12, 2018
Featured Insight

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.

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May 23, 2018
Featured Insight

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

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May 17, 2018
Featured Insight

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.

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Mar 20, 2018
Featured Insight

Budget 2018: Cannabis Taxation Plans Move Forward

Budget 2018 plans to tax cannabis and will include the full range of regular taxes such as income tax on business profits, GST on product sales and the property taxes and licence fees

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Mar 6, 2018
Featured Insight

B.C.’s Budding Industry: Provincial Government Announces New Key Policy Decisions on Cannabis

BC government announced policy decisions on the regulation of consumer cannabis. Each province to determine how cannabis will be distributed and sold in their jurisdictions

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Feb 19, 2018
Featured Insight

Cannabis-related Trade-marks: Take Care in Choosing Correctly

Cannabis-related Trade-marks: Take Care in Choosing Correctly

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Nov 13, 2017
Featured Insight

Protection of Inventions Related to the Marijuana Industry

Protection of Inventions Related to the Marijuana Industry

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Nov 9, 2017
Featured Insight

Ontario Government to Grow LCBO: Recreational Cannabis to be sold at Government Stores

Ontario Government to Grow LCBO: Recreational Cannabis to be sold at Government Stores

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Sep 8, 2017
Featured Insight

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

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

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Aug 16, 2017
Featured Insight

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

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Jul 6, 2017
Featured Insight

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

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

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Apr 17, 2017
Featured Insight

No Benefits Plan Can Cover the Sun, Moon and the Stars: Should they Cover Medical Marijuana?

No Benefits Plan Can Cover the Sun, Moon and the Stars: Should they Cover Medical Marijuana?

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Feb 10, 2017
Featured Insight

Task Force Releases Report on Cannabis Legalization in Canada

Task Force Releases Report on Cannabis Legalization in Canada

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Dec 19, 2016
Featured Insight

An Introduction to the New Access to Cannabis for Medical Purposes Regulations (ACMPR)

An Introduction to the New Access to Cannabis for Medical Purposes Regulations (ACMPR)

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Sep 2, 2016