In recent years, there has been a real cannabis hype, triggered by the gradual legalisation of cultivation and sale of cannabis worldwide. In Germany, too, the legalisation of cannabis outside of purely medical use is planned.
In 2018, cannabis investors then suffered a shock when you learned from Clearstream and the Frankfurt Stock Exchange that a large number of cannabis shares were no longer tradable. In this article you can find out what the blocking was all about, which shares are still affected today and how investors can still invest in blocked shares.
Ban on Trading and Custody of Cannabis Shares in Luxembourg
Clearstream Luxembourg, the depository for foreign securities traded on the Frankfurt Stock Exchange (Xetra), informed its customers on 11 June 2018 that, with immediate effect, it would no longer be possible to accept applications for admission or acceptance of securities if the main business is directly or indirectly related to cannabis and other narcotics. "Legal reasons" were cited.
The background is a ruling by the Luxembourg financial market supervisory authority Commission de Surveillance du Secteur Financier (CSSF), which has classified trading and settlement of cannabis shares as illegal under Luxembourg law.
Later, on 22 June 2018, Clearstream informed its customers that it would no longer be possible to hold or settle affected securities through Clearstream by the end of 28 September 2018. Customers were also asked to transfer their positions to another custodian within the deadline.
As a result, the affected shares could also no longer be traded on German trading venues such as the Frankfurt Stock Exchange, which settle transactions in foreign shares via Clearstream Luxembourg.
Partial Loosening After Only Two Weeks
By decision of 28 June 2018, the Luxembourg Chamber of Deputies authorised the use of cannabis for medicinal purposes. It has defined the use for medicinal purposes as follows:
Chronic pain: Patients experience a significant decrease in their symptoms (cannabis plant);
Chemotherapy-induced nausea and vomiting: Some orally ingested cannabinoids are effective in preventing and treating these complaints;
Muscle spasms in multiple sclerosis: There is "substantial evidence" that short-term oral cannabinoid use relieves patient-reported symptoms.
In response to this change in the law, Clearstream announced on 29 June 2018 that the settlement restrictions would no longer be applied to securities of companies whose main business activity is in the field of medicinal cannabis. Accordingly, trading of these securities on German stock exchanges could also be resumed.
Cannabis Shares Affected by the Freeze
The following shares are still affected by the Luxembourg custody and trading ban in Germany today.
1933 Industries Inc (CA65442F1053)
4FRONT VENTURES CORP CL A SUB VTG (CA35086B2075)
Arco Resources (CA0396054078)
Bayport International Holdings Inc (US0730682079)
C21 Investments (CA12675Q1019)
Cannabusiness Group Inc (US1376491098)
Cannex Capital Holdings Inc (CA13768L1085)
Chuma Holdings Inc (US1713261014)
Citation Growth Corp (CA17289C1095)
Friday Night Inc (CA3583671001)
FutureWorld Corp (US36117M1053)
Global Payout Inc (US37951P1057)
Golden Leaf Holdings (CA38109W1095)
Kaya Holdings Inc (US4865672095)
Liht Cannabis Corp (CA5323511033)
Marapharm Ventures Inc (CA56575M1086)
MJ Venture Partners Inc (US5530891036)
MPX Bioceutical (CA5534431021)
Nutritional High International Inc (CA6706841096)
Ventura Cannabis and Wellness (CA9230102019)
Vibe Biosciences Ltd (CA92556L1085)
Tobacco Companies Were Never Banned
The shares of the big tobacco companies Altria, British American Tobacco, Imperial Brands, Japan Tobacco and Philip Morris were never affected by the CSSF's ban on trading and liquidation. It is true that they have all invested to a greater or lesser extent in cannabis. However, the Luxembourg ban is linked to the company's main activity in the (non-medical) cannabis sector. For the big tobacco companies, this sector can only be seen as a secondary activity or at least as a risky investment in the future - but by no means as their main activity. Therefore, these tobacco companies could also be traded in Germany without any problems.
Foreign Custody as an Alternative
German investors are only affected by the Luxembourg ban on the settlement and custody of cannabis shares because the custodian Clearstream Banking S.A., Luxembourg, is the most important custodian of foreign shares for the German market and trades are settled on German stock exchanges such as the Frankfurt Stock Exchange (Xetra).
However, many brokers have long since established alternative structures for their clients. They have links to foreign trading venues that do not settle via Clearstream Luxembourg. The depositaries responsible there are not affected by the CSSF's ban. In principle, they can settle and hold all cannabis shares without further ado, also for clients in Germany. German brokers can thus enable their clients to trade and hold in custody abroad.
Which Cannabis Stocks can still be Traded?
Currently, the following cannabis shares can also be traded in Germany or held in custody at Clearstream Luxembourg:
Abattis Bioceuticals Corp (CA00258G1037)
Aleafia Health Inc (CA01444Q1046)
Alternative Energy Partners (US02152E2000)
Aphria Inc (CA03765K1049)
Aurora Cannabis Inc (CA05156X1087)
Auxly Cannabis Group Inc (CA05335P1099)
Blissco Cannabis Corp (CA09357P1045)
Cal-Bay International Inc (US12802P3073)
Canada House Wellness Group (CA1351011038)
Cannabics Pharmaceuticals Inc (US13764M1009)
Cannabis Science (US1376481016)
Cannabis Wheaton Income Corp (CA13765K1030)
CannPal Animal Therapeutics Ltd (AU000000CP17)
Canntab Therapeutics Ltd (CA1377991023)
Canopy Growth Corp (CA1380351009)
Cara Therapeutics Inc (US1407551092)
Chemesis International Inc (CA13637A1012, CA1635991039)
Cronos Group (CA22717L1013)
CTT Pharmaceutical Holdings Inc (US12651E1064)
Deutsche Cannabis AG (DE000A0BVVK7)
Doja Cannabis Co Ltd (CA25660K1030)
Dutch Gold Resources Inc (US26702V1070)
Easton Pharmaceuticals Inc (US2777741057)
Emblem Corp (CA29082J1084)
Emerald Health Therapeutics Inc (CA29102R1064)
Empower Clinics Inc (CA29246V1040)
Endexx Corp (US29259K1025)
Endocan Corp (US29271J1097)
Endocan Solutions Inc (CA29278R1047)
Enertopia Corp (US29277Q1076)
Evio Inc (US30051V1061)
Generex Biotechnology Corp (US3714851033)
Global Cannabis Applications Corp (CA37956B1013)
Green and Hill Industries Inc (US39260U1060)
Greenhouse Solutions Inc (US39530T2024)
GrowBlox Sciences Inc (US3998471029)
GW Pharmaceuticals Plc (GB0030544687, US36197T1034)
Health Sciences Group Inc (US42223A1007)
Heritage Cannabis Holdings Corp (CA42727B1094)
Hiku Brands (CA43130F1099)
Hop-On Inc (US4393382035)
Horizons Medical Marijuana Life Sciences ETF (CA44054H1055, CA44054J1012)
India Globalization Capital Inc (US45408X3089)
Indigenous Roots Corp (US4556851073)
Inmed Pharmaceuticals Inc (CA4576371062)
Innovative Industrial Properties (US45781V1017)
Invictus MD Strategies Group (CA46183X2086)
Isodiol International Inc (CA46500L2003)
Itonis Inc (US4657331033)
Kaneh Bosm Biotechnology Inc (CA4841901032)
Lifestyle Delivery Systems Inc (CA53224Y1043)
Maple Leaf Green World Inc (CA5652971089)
Maricann Group Inc (CA5667241007)
Matica Enterprises Inc (CA5768081096)
Medical Cannabis Financial Group Inc (US5845021089)
Medical Marijuana Inc (US58463A1051)
Medical Services International Inc (CA58463C1014)
Medically Minded Inc (US5846401066)
MedReleaf Corp (CA58506X1042)
Megola Inc (US58517C3051)
MYM Nutraceuticals (CA55406A1012, CA5652971089)
Namaste Technologies (CA62987D1087)
Noble Mineral Exploration Inc (CA65505T2083)
OrganiGram Holdings Inc (CA68620P1018)
OSL Holdings Inc (US67105N2018)
OXIS International Inc (US6918295014)
Pan American Fertilizer Corp (CA69783X1050)
Pazoo Inc (US70454Q3048)
PharmaCan Capital Corp (CA7171151094)
Premier Brands Inc (US74048L1026)
Primco Management Co (US74164Q3074)
Prominex Resources Corp (CA74344K1057)
Protext Mobility Inc (US74371E2046)
Puf Ventures (CA74530Q2053)
QED Connect Inc (US74732Q3002)
Quadron Cannatech Corp (CA74737N1042)
Rapid Fire Marketing Inc (US75339L3050)
Sante Veritas Holdings Inc (CA8022201039)
Satori Resources (CA8040312016)
SK3 Group Inc (US78440L1070)
Speakeasy Cannabis Club Ltd (CA84730M1023)
Sproutly Canada Inc (CA85209J1084)
Suggestion Box Inc (US8650431039)
Tauriga Sciences Inc (US87669X1063)
Terra Tech (US88102J2096)
Tetra Bio-Pharma (CA88166Y1007)
THC Biomed International Ltd (CA87243W1032)
The Supreme Cannabis Company (CA86860J1066)
Tilray Inc (US88688T1007)
True Leaf Medicine International Ltd (CA89785C1077)
US Energy Initiatives Corporation Inc (US90342S1069)
Verde Science Inc (US92337L2034)
Veritas Pharma Inc (CA92347A1066)
Vodis Pharmaceuticals Inc (CA92858L2021)
Weedmd Incorporated (CA9485251008)
Wildflower Marijuana Inc (CA96812E1051)
Worldwide Marijuana Inc (CA98161U1021)
Zynerba Pharmaceuticals Inc (US98986X1090)
Note: The list is not exhaustive and new decrees or revaluations by Clearstream may change the status of individual shares.