Follow-up: Denmark to permit the export of medical cannabis
The Danish Medicines Agency is granting authorization to companies for the export of medical cannabis following the introduction of new legislation.
According to legislation introduced in January 2019, companies may be granted authorization for the export of cannabis output products, intermediate products and bulk cannabis. However, such authorization is made conditional upon the company having previously obtained permission by the Danish Medicines Agency (Lægemiddelstyrelsen) for the production of cannabis products.
Export of cannabis output products
The newly introduced legislation allows companies with the possibility to export, amongst others, cannabis output products (intended for medicinal use). Such export is limited to only those countries, which permit the import of cannabis for medicinal use. Further, while companies may be granted authorization for the export of certain cannabis output products, such products must not have any affiliation – either through name or admission to - the list of cannabis output products, which is produced by the Danish Medicines Agency.
Export of cannabis intermediate products
In addition to cannabis output products, authorization may now also be granted with regards to intermediate products. Companies that produce, and wish to export, intermediate products are under an obligation to ensure that their products are solely exported and delivered to companies, which have complied with the import country’s laws regarding cannabis intended for medicinal use. Additionally, for those companies who manufacture intermediate products, there is a further obligation imposed for the tracking of exported products and monitoring of potential defects. This obligation is especially important, considering the requirement stipulated by the new legislation that those companies granted the right to export medicinal cannabis must provide the relevant authority of the import country with overviews of all product errors, which may result in recalls.
Export of bulk cannabis
Finally, as with both cannabis output products and intermediate products, authorization for the export of bulk cannabis may now also be granted to companies. Such companies are required to have previously obtained permission to grow and produce bulk cannabis.
Just as for those companies wishing to export intermediate products, companies exporting bulk cannabis are subject to the obligation to ensure that their products are solely exported and delivered to companies, which have complied with the import country’s laws regarding cannabis intended for medicinal use. Additionally, the further obligation imposed for the tracking of the exported products and monitoring of potential defects is applicable to exporters of bulk cannabis.