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Denmark medical cannabis sales mostly on the rise, but pilot program sputters

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Denmark’s medical cannabis sales took a breather in 2022 after experiencing consistent growth for half a decade, according to new data from the Danish Health and Medicines Authority.

Overall sales of all medical cannabis products in Denmark grew from about 30.8 million Danish kroner ($7.5 million) five years ago to 64.3 million kroner in 2021, then leveled off at 62.5 million kroner last year – representing a gain of 102% over the whole time period.

The sales data covers the four potential pathways to obtain medical cannabis products in Denmark.

The data shows that sales via the pilot program, which allows the sale of cannabis flower and oil with no proven efficacy, were 8.7 million kroner in 2022, accounting for 14% of medical cannabis sales in 2022.

Consistent with previous MJBizDaily reporting, sales outside the pilot program continued to account for the vast majority of medical cannabis products shipped in Denmark last year.

The category of magistral preparations – which are prepared in a pharmacy and include isolated THC and/or CBD – accounted for 25.5 million kroner last year, or approximately 40% of all sales.

Sales in 2022 of the categories of finished pharmaceutical products with and without marketing authorization were 24.2 million kroner and 4.1 million kroner, respectively.

The data is a reminder for international companies that Europe’s medical cannabis industry tends to be more pharmaceutical and efficacy-orientated, whereas, in North America, the medical cannabis industry, including government regulations, tends to prioritize access and economic opportunity.

“And this is entirely natural, given the stage we (Europe) are at as an industry and in development. The standard here is EU-GMP (production),” Jeppe Krog Rasmussen, CEO of DanCann Pharma, a therapeutic cannabinoids company in Ansager, told MJBizDaily via email.

Pilot sputters

Sales of medical cannabis through Denmark’s pilot program peaked in the second quarter of 2019 – about a year after it started – at 5.7 million kroner and never fully recovered.

In the fourth quarter of 2022, only about 16% of total revenue generated by medical cannabis sales came from the pilot program, government data shows.

That’s down from mid-2019, when transactions in the pilot represented roughly 40% of the country’s total sales.

Morten Snede, CEO of Medican, a medical cannabis company headquartered in Helsinge, suggested one of the reasons for the low uptake of the pilot was that Danish authorities are slow to approve new cannabis products.

“The Danish Medicines Agency has been very, very, very slow in the product approval of new products so the availability of alternative products to Bedrocan has been close to zero,” he told MJBizDaily via email, referring to the Dutch medical cannabis company.

MJBizDaily previously reported that, as of 2020, only eight of the 63 applications to admit products to Denmark’s medical cannabis trial scheme had won approval from regulators.

Currently, only eight medical cannabis products have approval for sale within the pilot program by six producers, including Canada’s Aurora Cannabis, the Netherlands’ Bedrocan and Australia’s Little Green Pharma.

Snede also notes that the different reimbursement rules in Denmark for the four tracks factor into patient uptake, adding that the pilot program is limited to a maximum reimbursement of 50% of the cost, or up to 20,000 kroner ($2,880) per year.

“The result is most patients cannot afford to continue the treatment during the year,” he said.

“With the other tracks, reimbursement can be much higher.”

Some industry players are optimistic the pilot, which was extended to 2026, still has better days ahead.

Peter Emil Sigetty, CEO of Valcon Medical A/S – a medical cannabis producer located in the greater Copenhagen area – said he expects to see growth in the pilot program throughout this year and “especially” in 2024.

“There has only been a very limited number of products available under the pilot program in the past five years,” said Sigetty.

“It takes time to register a product in Denmark, and the quality requirements are high.”

Challenges

Fleta Solomon, CEO of Little Green Pharma, said the local market faces several challenges, including:

  • Medical cannabis prices are too high.
  • There aren’t enough products to choose from.
  • Not enough doctors have studied medical cannabis.
  • A lack of guidelines from the doctors’ association, but the Danish Society for Clinical Cannabis Medicine is working on new guidance.

Little Green Pharma acquired a fully-operational greenhouse in Denmark from Canada’s Canopy Growth in 2021.

The company’s Billinol “LGP” was the first locally produced cannabis product approved for sale in Denmark.

“Traditionally in Denmark, medical care is essentially free; however medicinal cannabis is only partially reimbursed,” Solomon said.

“Denmark is certainly at the beginning of its journey, and while there are a few key advocates, there is a long way to go.”

“Interestingly, Denmark recently overtook Holland as the largest exporter of cannabis to Germany (after Canada). Bedrocan recently announced it is building a facility in Denmark. And Aurora’s only profitable part of the business is out of Denmark,” she said.

“All of which suggests Denmark is likely to be the leader in Europe.”

Potential solutions

Rasmussen, the CEO of DanCann pharma – which is a leader in the Danish industry via its subsidiary CannGros ApS – said the pilot program won’t take off unless key changes are made.

Some solutions include:

  • Better processes that ensure more products are brought to market.
  • Improved subsidy conditions for patients, ensuring there is no difference in the healthcare system between different treatments.

“There is no doubt that approved and marketed products, as well as magistral products, continue to gain ground,” Rasmussen said.

“This is due to the enormous lack of breadth and depth in the product portfolio under the pilot program with medical cannabis, as well as the responsibility borne by physicians in this regard.”

Rasmussen said doctors are far more likely to prescribe approved products, which also come with a financial subsidy that makes it more manageable for patients, “given the still very thin subsidy line for the pilot program with medical cannabis.”

Using Denmark as export hub

Some companies say Denmark’s business-friendly regulations and agritech expertise make the country a suitable hub for medical cannabis exports.

The proximity to Germany offers advantages. But the import market in Germany and elsewhere remains small, while the number of prospective medical cannabis exporters grows by the day.

To help facilitate domestic production, in 2021 the Danish government made permanent the ability for businesses to grow cannabis for medical use.

Sigetty, the CEO of Valcon Medical A/S, said the company’s focus is on both the export and domestic market. Among other things, the company exports white label products it manufacturers.

“The medical cannabis industry in Denmark continues to be among the frontrunners in Europe,” he said, making it suitable as an export hub.

“The industry consists of a strong ecosystem, with various companies across the value chain. There’s also an industry association representing a large proportion of the registered companies. These conditions support a stable platform for an international operation.”

Government support

Denmark is keen to promote itself as a destination for international businesses to set up shop, including cannabis businesses.

To that end, the government organization Invest in Denmark facilitates investment through general and specific efforts, according to Derek Light, special advisor for the Ministry of Foreign Affairs.

Medical cannabis is one of approximately 25 subsectors the agency prioritizes.

Its services include:

  • Matchmaking and introductions to local stakeholders.
  • Information provider on general framework conditions and specific industry insights.
  • Guided fact-finding missions.
  • Assistance with site selection – though not in all cases.
  • Hosting events to connect investors and partners.
  • Hosting events to highlight aspects of the industry.

Invest in Denmark does not offer grants, subsidies, or specific advisory, nor does it engage in advocacy to address regulatory requirements.

It does, however, provide periodic input to Danish government regulators on the state of the industry, along with other public agencies.

A counterpart organization within the Ministry of Foreign Affairs, the Trade Council, supports export promotion and market entry strategies in markets across Europe and further afield.

Any company based in Denmark, including companies in the medical cannabis industry, can engage with export advisors based in local Danish embassies in other countries to develop tailormade services to support exports and market entry. This includes:

  • Partnership identification.
  • Sector monitoring.
  • Regulatory advisory and dialogue with authorities.
  • Marketing and market development activities.

Source: https://mjbizdaily.com/denmark-medical-cannabis-sales-mostly-on-the-rise-but-pilot-program-sputters/

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New Mexico cannabis operator fined, loses license for alleged BioTrack fraud

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New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.

The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.

Golden Roots operates the The Cannabis Revolution Dispensary.

The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.

The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.

Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.

After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.

In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.

The company requested a hearing, which the regulator scheduled for Sept. 1.

At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.

Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.

Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.

The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:

Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.

Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/

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Marijuana companies suing US attorney general in federal prohibition challenge

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Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.

According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”

Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.

The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”

The companies want the case to go before the U.S. Supreme Court.

They hired prominent law firm Boies Schiller Flexner to represent them.

The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.

Similar challenges to the federal Controlled Substances Act (CSA) have failed.

One such challenge led to a landmark Supreme Court decision in 2005.

In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.

In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.

Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.

“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.

“Moreover, the facts on which those precedents are based are no longer true.”

Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”

While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.

“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”

Source: https://mjbizdaily.com/marijuana-companies-suing-us-attorney-general-to-overturn-federal-prohibition/

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Alabama to make another attempt Dec. 1 to award medical cannabis licenses

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Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.

The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).

Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.

Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.

That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.

Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.

Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.

A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.

Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/

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