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Aphria Inc. APHA

Aphria, which is headquartered in Ontario, produces and sells medicinal and recreational cannabis. The company operates through retail and wholesale channels in Canada and internationally. Aphria is a main distributor of medical cannabis to Germany and has operations in over 10 countries outside of Canada. However, it does not have exposure to the U.S. CBD or THC markets due to the constraints of federal prohibition. It has some U.S. exposure through the acquisition of SweetWater, a craft brewer


NDAQ:APHA - Post by User

Bullboard Posts
Post by Gonetopoton Dec 20, 2017 9:22pm
335 Views
Post# 27201257

sedar very interesting stuff

sedar very interesting stuff Pursuant to a cooperation agreement (the “German Cooperation Agreement”) dated June 1, 2017 between Nuuvera and Aphria, Nuuvera and Aphria have agreed to cooperate with respect to Nuuvera’s strategy in Germany. Pursuant to the German Cooperation Agreement, Aphria purchased two million Nuuvera Common Shares at a price of $1.00 per Nuuvera Common Share. Regulatory Framework in Germany In 2017, the German Federal Government bill on “amendment of legislation on narcotics and other provisions” (BT-Drs. 18/8965) allowing for importation and domestic growing of cannabis for medicinal purposes entered into force. Upon enactment of this legislation in force as of March 10, 2017, cannabis is listed in Annex 3 to the Federal Narcotics Act (Betubungsmittelgesetz, “BtMG”) as “marketable narcotic suitable for prescription”. Such legalization only applies to cannabis “stemming from cultivation for medicinal purposes under State control subject to … the Single Convention of 1961 on Narcotics.” On principle, this paves the way for importation of cannabis for medicinal purposes as well as for related domestic growing subject to further conditions. Following such legislative amendment, the Federal Institute for Drugs and Medical Devices (Bundesinstitut fr Arzneimittel und Medizinprodukte, “BfArM”) published a call for tenders under which lots for growing specified types of Cannabis in a greenhouse plantation in Germany and the subsequent sale and delivery to BfArM will be awarded. The tender proceedings are still ongoing. The current regime permits the importation of cannabis plants and plant parts for medicinal purposes under State control subject to the requirements under the United Nations Single Convention on Narcotic Drugs of 1961 (“UN Single Convention”). German legislation does not set up quantitative restrictions on importation, but requires importers to apply for licenses under the BtMG. While these requirements also apply to the exportation of cannabis for medicinal purposes, as a matter of principle, the self-contained regime for the domestic growing of medicinal Cannabis yet prevents any direct sales to third parties domestically and internationally other than BfArM. Under the BtMG, BfArM is vested with the power to act as State authority under Art. 23(2) d) sentence 2 of the UN Single Convention under which the respective domestic authority shall “purchase and take physical possession of such crops” in their entirety. Further legal review is necessary to determine potential options in cooperation with BfArM as competent State authority under the UN Single Convention. Medicinal cannabis imported under the UN Single Convention subject to a license under the BtMG is generally placed on the market vis--vis the final consumer by pharmacists as individual preparation upon individual prescription (so-called magistral preparation). Typical preparations are for inhalation upon evaporation, or as teas. Medical doctors may issue prescriptions of dried cannabis flowers of up to 100,000 mg, or 1,000 mg of cannabis extracts – the latter on a THC content basis – per patient each month. Medicinal Cannabis grown domestically in Germany will be manufactured for and distributed by BfArM as State authority under the UN Single Convention. Furthermore, Cannabis is also marketable as a readily-packaged, licensed drug, as has been the case before the 2017 legislative amendment. Industrial cannabis (equivalent to industrial hemp) is regulated separately from medicinal cannabis under the BtMG. Enumerated plant species listed in EU legislation or other species having a THC content of no more than 0.2 per cent may be lawfully imported and marketed in Germany subject to further conditions. Under those conditions, industrial cannabis plants or plant parts are only marketable for commercial or scientific purposes that exclude any misuse for intoxication. Those limitations have been construed narrowly under applicable case law as ruling out any consumptive uses in end consumers, in particular as hemp cigarettes or other combustible products. Allowed “commercial” purposes under the BtMG include uses for garments, bags, cosmetics or detergents where intoxication purposes are excluded from the outset. Growing of industrial cannabis in Germany requires prior notification and is subject to controls by the Federal Ministry of Agriculture and Food, and is limited to certain species of Cannabis enumerated under delegated EU legislation. Cannabis extracts stemming from production for medicinal purposes under the UN Single Convention may be lawfully manufactured in or imported to Germany, subject to a license under the BtMG. Prescriptions by medical doctors are limited to 1,000 mg on a THC content basis per patient and month. Cannabis oils for patient use may be prepared in pharmacies from oils delivered as starting materials. - 48 - CBD is not caught by the regulatory framework under the BtMG. CBD oils may therefore be marketed without any narcotics license. CBD oils are currently employed as starting materials for the individual manufacture of drugs in pharmacies upon individual prescription. Following legislative amendment, CBD has been classified as a prescription drug.
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