In episode 136 we speak with Dentons European cannabis lead, Peter Homberg, out of Berlin, about the recently passed legislation in the Bundestag.
Homberg explains what he terms as pillar one of legislation targeting
A) Personal Use
B) Homegrow and/or cannabis cultivation assocations
From Peter we learn the details, what you can and cannot do and where there are gaps and questions in the legislation as well as the oft hidden issue, what role do the German federal states play in the process and will they ratify /come to an agreement about the start date of 1 April 2024.
Peter also outlines next sreps, pillar two, in the legislative process in our conversation.
We also discuss what this means for the EU as a wider body, now that Germany has taken these steps.
Also what other jurisdictions are dipping their toes into making decisions about regulated cannabis.
If you want to know exactly what happened in Germany this past week with regard to legalized cannabis this conversation will give you both the knowledge and context you need.
Peter Homberg
Peter Homberg is a partner in the Dentons Berlin office. He focuses on life sciences, IP, corporate law and M&A transactions in the life sciences and high-tech sector as well as in R&D and cooperation agreements, cross-border IP licensing and IP strategies. Furthermore, he has extensive experience providing legal advice on compliance issues. Additionally, he is the head of the European Cannabis sector group. Peter advises inter alia companies in the pharmaceutical, diagnostics, biotechnology, medical device and medical cannabis industries—from startups to large publicly listed companies. Furthermore, he has broad transactional experience in Southeast Asia. Peter is member of the Licensing Executive Society (LES), the German Association for Intellectual Property and Copyright (GRUR), the German Institution for Arbitration (DIS) as well as the Pharma-Lizenz-Club Deutschland e.V. He regularly holds lectures at seminars and conferences. He is the author of numerous professional articles and other publications regarding corporate or IP law in the field of life sciences.
Experience
- DEMECAN GmbH: Preparation of a legal opinion on the compatibility of the legalization of cannabis for recreational purposes in Germany with international and European law. Identification of possible solutions to overcome obstacles under international and European law.
- Canopy Growth Corp.: Advising a subsidiary of one of the leading Canadian medical cannabis suppliers on the acquisition of the German inhaler manufacturer Storz & Bickel GmbH & Co. KG for €135 million.
- DEMECAN GmbH: Preparation of a comprehensive legal opinion regarding legal hurdles for the legalization of cannabis for recreational purposes and analysis of possible legal solutions.
- Proteona Pte. Ltd.: Advising biotech company on an exclusive worldwide licensing agreement with the National University of Singapore (NUS).
- Canadian medical cannabis supplier: Advising on the conclusion of a joint venture agreement with a German pharmaceutical wholesaler.
- Scil Technology GmbH: Advising regarding the out-licensing of certain intellectual property for the regenerative treatment of inter alia Osteoarthritis to Sanofi.
- Scil Technology GmbH: Advising regarding the sale of its service and production division to Nanohale AG.
- German biotechnology company: Advising regarding the sale of a certain IP-portfolio for the treatment of cardiac insufficiency.
- German mid-size pharmaceutical company: Advising regarding the licensing and distribution of a certain API for the treatment of interstitial cystitis to a multinational US-based pharmaceutical company.
- US-based pharmaceutical enterprise: Advising regarding the due diligence in connection with a certain technology portfolio for the manufacturing of vaccines prior to the in-licensing of the technology.
- Swiss-based biotechnology company: Advising regarding cooperation with a French multinational pharmaceutical enterprise.
- Priaxon AG: Advising regarding the out-licensing of a certain technology to Boehringer Ingelheim.
- German-Singaporean biotech company: Advising regarding the in-licensing of a certain diagnostic technology from the National University of Singapore.
- French venture capital fund: Advising regarding the acquisition of shares in a German-based biotechnology company.
- German medium-size pharmaceutical company: Advising regarding the restructuring of its distribution channels in Portugal and in other European countries.
- Various clients in the life sciences sector: Advising in all types of transactions, including technology transfer agreements, R&D agreements, M&A transactions, private equity transactions, arbitration proceedings and litigations.
Recognition
Peter Homberg is highlighted by Chambers Europe, 2014 as “a brilliant negotiator,” who “has huge experience with biotech companies and is really goal driven. He understands our needs very well.” JUVE Handbook German Commercial Law Firms, 2015/2016 mentions Peter Homberg as a highly recommended practitioner. The international directory Best Lawyers ranked him among the best lawyers for Health Care Law and Pharmaceuticals Law in Germany. Global Law Experts (2015, 2016, 2017, 2018), Legal 100 (2021, 2022, 2023) and Leaders in Law (2020,2021) honor Peter Homberg as “Life Sciences Lawyer of the Year in Germany.”
Insights
Articles
- FOCUS onlineexpert series on cannabis law with regular contributions, since April 2023
- “CBD Oils: Food or Pharmaceutical?,”Legal Industry Reviews Germany Vol. 3, December 2023
- “Current Developments in the German Legalization Process,” Cannabis Law Journal, November 2023
- “Legalization in Germany: Official Draft Draft Law Published,” Cannabis Law Journal, September 2023
- “Draft Bill German Cannabis Law—Consequences for Medical Cannabis,”Legal Industry Reviews Germany Vol. 2, September 2023
- “Recent developments in the German legalization process of recreational cannabis,”Legal Industry Reviews Germany Vol. 1, May 2023
- “Marketability of CBD products in Germany and the European Union,” Cannabis Law Journal, December 2022
- “Grundlegende Änderungen in der zukünftigen Verschreibungspraxis von Medizinalcannabis,” krautinvest, December 2022
- “Key Proposals Paper: New Details on Planned Cannabis Legalization in Germany,” Cannabis Law Journal, November 2022
- “Geplante Cannabis-Legalisierung – Zwischen Wunschdenken und Rechtsrealität,” LTO, September 2022
- “The Fate of the German Medicinal Cannabis Industry Post-Legalization,” Cannabis Law Journal, August 2022
- “Online-Handel von Cannabis: Der Vertriebsweg der Zukunft?,” krautinvest, July 2022
- “Legalization in Europe?—Candidates for the legalization of recreational cannabis in the near future,” Cannabis Law Journal, May 2022
- “Warum die Legalisierung von Freizeitcannabis völkerrechtlich bedenklich ist,” krautinvest, April 2022
- “The legalization of recreational cannabis in conflict to the UN Single Convention on Narcotic Drugs 1961,” Cannabis Law Report, December 2021
- “Harmonisierung des Rechtsrahmens für medizinisches Cannabis auf EU-Ebene,” krautinvest, November 2021
- Co-author, “Die Pflicht zur Deckungsvorsorge nach § 94 AMG für bestrahlte Cannabisblüten,”Pharma Recht 09/2021
- “Künstliche Intelligenz unter der EU-Medizinprodukteverordnung,”Science4Life, 2021
- “Neue Entwicklungen im deutschen Markt für medizinisches Cannabis und Cannabidiol (CBD) 2021 – ein Überblick,”Going Public, Biotechnology, 2021
Contact Peter
