The-Gatherer-Volume-8

CANNABIS TRADE MARKS No longer all up in smoke

Medicinal cannabis has been the hottest topic in the recent years, with major nations across the globe preparing for a paradigm shift on its acceptability in the modern society. In 2017, the global medical cannabis market was estimated to be worth more than US $11 billion and is expected to grow to approximately US $37 billion by 2023. The Australian industry has begun to bloom with more than 20 medical cannabis related companies listed on the ASX in 2018. Market intelligence firm Pitcher Partners valued the Australian medical cannabis market in 2017 at $17.7 million and estimates that it could grow to $3 billion by 2028. Given these projections, it is no wonder that more Australian companies and start- ups are seeking their glory in the medicinal cannabis industry, and as the likes of entrepreneurial giants Google, Apple and Facebook have taught us, in front of every successful business is a strong and prominent trade mark. In 2016, medicinal cannabis was legalised at the federal level through the Narcotics Drugs Amendment Bill 2016. This allowed businesses to apply for licenses to cultivate cannabis products legally, but only for medicinal or research purposes and does not cover large-scale manufacturing. The granting of the licenses is heavily regulated at the federal level by the Office of Drug Control. The various states and territories have differed in both their approach and the speed with which they embraced this change. Queensland, Western Australia, South Australia, Tasmania, ACT and the Northern Territory have embraced the government’s decision and leave the granting of such licenses to the ODC. Victoria and New South Wales followed suit, but have also implemented their own state legislation that requires an additional set of state-certified licenses to also be issued if the company also wishes to manufacture on a larger scale. AUSTRALIAN POSITION

GLOBAL POSITIONS

As of 2018, 33 states in the USA have legalised the use, and presumably sale, of medicinal cannabis. However, the cultivation and production of research-grade cannabis as well as clinical research on cannabis still require approval by the Food and Drug Administration as well as a license issued by the Drug Enforcement Administration due to its classification as a Schedule I drug. In December 2018 the European Monitoring Centre for Drugs and Drug Addiction, provided their first report on medicinal cannabis, stating that many EU countries now allow, or are considering allowing, the medical use of cannabis. On 13 February 2019, the EU voted positively on a resolution that would help advance medical cannabis in member countries. While the resolution is non-binding, it seeks to incentivize increased access to medical cannabis, prioritising scientific research and clinical studies. The EU currently allows member countries to regulate their own cultivation and use of medicinal cannabis. In the UK cannabis is illegal to possess, grow, distribute or sell cannabis. It is a Class B drug, with penalties of imprisonment and/or fines for unlicensed dealing and production. Cannabidiol oil is legal for use and sale in the UK without requirement for a doctor’s prescription, as long as these medications do not contain more than 0.2% tetrohydrocannabinol, which is the chemical psychoactive constituent of cannabis. Canada is the most progressive country in the world in regards to the legalisation of cannabis. Subject to some restrictions, adults who are 18 years of age or older are legally able to possess 30 grams of cannabis and grow, from licensed seeds, up to 4 cannabis plants per residence for personal use. South-East Asian countries have been much more conservative with cannabis. In Singapore, Malaysia and Indonesia, trafficking of any cannabis attracts capital punishment. Thailand is the first country to take a step into this growing industry, by voting in 2018 to legalise cannabis for medicinal and research uses. The new legislation will only take effect once it has been published in the Royal Thai Gazette. Therefore any production of cannabis, even for medical or research purposes, remains illegal until that time.

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