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Author: Hazel Norman

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Federal Cannabis Reform Inches Closer In The United States

Written by Hazel Norman on . Posted in Policy.

Historically, the United States has led the charge in prohibiting cannabis in all of its forms. Starting in the 1930s, the United States prohibited cannabis, even for medical purposes, and imposed its will on other countries until they did the same.

What resulted is various international agreements containing prohibition provisions, many of which are still in place to this day. Meanwhile, other countries such as Uruguay and Canada have not only legalized cannabis at the national level for medical use but also for recreational use.

In the United States cannabis remains illegal at the federal level, however, nearly half of the states in the U.S. have now passed adult-use measures, and nearly every state has legalized cannabis for medical use to some degree. Support for national reform is greater than ever in the U.S., leading many advocates to believe that federal reform will finally happen this year.

One factor that many advocates attached their policy hopes to was possible rescheduling by the DEA. Cannabis is currently classified as a Schedule I substance, which is defined as “drugs with no currently accepted medical use and a high potential for abuse.”

Other substances on the federal Schedule I list in the United States include “heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.”

Obviously, cannabis should not be on the same list as those other substances. According to documents that recently surfaced, the U.S. Department of Health and Human Services is recommending that cannabis be re-scheduled to Schedule III and has conveyed that to the DEA. Per Marijuana Moment:

The head of the U.S. Department of Health and Human Services (HHS) says his agency has “communicated” the agency’s “position” on marijuana rescheduling to the Drug Enforcement Administration (DEA) and has continued to offer additional information to assist with the final determination.

HHS for the first time confirmed that it had recommended moving cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) on Friday, releasing a trove of documents it submitted to DEA last year amid a Freedom of Information Act (FOIA) lawsuit initiated by attorney Matt Zorn.

According to the DEA, “Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV.”

“Some examples of Schedule III drugs are: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone.” the DEA states on its website.

For comparison purposes, the DEA currently lists “Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol” as Schedule IV substances.

Many cannabis advocates had hoped that cannabis would be descheduled completely. Tobacco and alcohol are not part of the federal controlled substances scheduling lists, and both substances are responsible for considerably more health issues in the United States compared to cannabis.

It is unclear at this time whether the DEA will follow the recommendation from the U.S. Department of Health and Human Services.

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Spain Resumes Reviewing Medical Cannabis Regulation Proposals

Written by Hazel Norman on . Posted in Policy.

Spain, like every other populated country on earth, is home to suffering patients, many of whom use various forms of medical cannabis to treat their condition(s). How many such patients there are in Spain is nearly impossible to determine, largely because the nation does not have a comprehensive medical cannabis program.

For several years lawmakers in Spain have tried to pass meaningful medical cannabis regulations, just to see medical cannabis measures repeatedly hit dead ends. The most recent example can be found last year when draft medical cannabis legislation was circulated and then tabled.

The Spanish government is reportedly reviving efforts to review medical cannabis regulation proposals, which are desperately needed in a country that has arguably the most active unregulated medical cannabis market on the planet. Per The Local:

Sources from the Ministry, headed by Sumar’s Mónica García, have confirmed to various outlets in the Spanish press that they intend to press on with draft legislation and relaunch the creation of a medical programme from mid-January.

The government had previously looked into the issue and the Spanish Parliament even approved a draft document that urged for cannabis regulation for medicinal purposes, but with the rush of elections at the end of the last legislature the issue was ultimately side-lined.

Now the Health Ministry wants to reignite the process and is reviewing the existing draft legislation, which was drawn up on the basis of findings by a Congressional committee and was something backed by all parties besides right-wing Partido Popular (PP) and Vox, who voted against.

According to a poll cited by The Local, 84% of Spaniards support regulating medical cannabis per CIS data. A majority of lawmakers in Spain’s Parliament also reportedly support medical cannabis reform.

There is a clear disconnect between cannabis opponents in Spain’s Parliament and what is actually going on in Spain’s communities. Spain’s cannabis consumption rate is greater than nearly every other nation on Earth, and hundreds of private cannabis clubs populate various parts of the country.

The absence of a regulated domestic medical cannabis program has done nothing to deter people from consuming cannabis. Rather, it forces suffering patients to source their medicine from unregulated sources, which is far from an optimal situation.

It remains unclear if/when medical cannabis legislation will receive a vote in Spain’s Parliament, and for that matter, whether such a vote would prove to be favorable or not. However, momentum does appear to be gaining in Spain, and it’s largely a matter of supporters in parliament overcoming the constant hurdles that are set up by opponents.

Meanwhile, the effort to shut down cannabis clubs in Barcelona continues, although, the odds of it succeeding seem grim at best. Lawmakers at the local and national levels need to work together in Spain to regulate cannabis products and commerce, rather than continue to stick their heads in the ground and let organized crime fill the void at the expense of public health outcomes.

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Will 2024 Be An Active Year For German Cannabis Reform?

Written by Hazel Norman on . Posted in Policy.

With 2024 now in full swing, the eyes of the international cannabis community remain fixed on Germany where lawmakers continue to work to pass the nation’s adult-use CanG cannabis law, an effort that has seemingly languished since it started back in 2021.

Last year was full of ups and downs in Germany, with a Bundestag vote expected, just to then be unceremoniously dashed, multiple times during 2023. According to Deutscher Hanfverband (DHV), a Bundestag vote is still expected later this month:

DHV reached out to factions from Germany’s coalition government earlier this month, and while members of the Greens and FDP responded, members of the SPD parliamentary group did not. The SPD parliamentary group has received considerable blame for ongoing legalization delays.

“Due to the postponement of the CanG from the Bundestag agenda and the ongoing debates in the SPD parliamentary group, we asked all traffic light factions about the status of things. The Greens and FDP responded, the SPD parliamentary group did not.” DHV stated.

“In a joint press release on November 27th, 2023, the traffic light factions announced that they had “agreed in the negotiations on a paradigm shift in cannabis policy”. (https://www.gruene-bundestag.de/presse/pressemitigungen/ampel-ein-sich-auf-cannabis-gesetz). The subsequent reporting was accurate and the agreement stands. The substantive negotiations have been completed. Since then, no other negotiations, including at a higher level, have taken place between the traffic light factions. The changes must now be decided by the Health Committee and the law must be passed in an amended version by the Bundestag. This can take place within one week of the meeting. We Greens are striving for a timely adoption.” Green Party’s spokesperson Kirsten Kappert-Gonther told DHV.

“It is a common goal of our coalition to pass the cannabis law in the German Bundestag as quickly as possible. Thoroughness is more important than speed. A practical and sensible law is more important to us than a hasty law. In the negotiations between the political groups, we are always careful to take all interests into account. On the one hand, the protection of minors and health, security and criminal prosecution must be ensured; on the other hand, social realities and the right to self-determination must not be neglected. Despite internal coordination problems within the SPD parliamentary group, we are extremely confident that we will be able to complete the legislative process with our coalition partners in the near future. Our aim is to enable responsible and legal use of cannabis.” Christine Aschenberg-Dugnus, Parliamentary Managing Director of the Free Democrats Group told DHV.

Bundestag member Dr. Rolf Mützenich (SPD) was previously asked by a constituent in recent weeks, “Dear Mr. Mützenich, are you worried about the citizens’ severe loss of trust in the SPD due to the repeated postponement of the vote on the CanG or does it not matter to you?”

Dr. Mützenich replied publicly with, “The SPD parliamentary group continues to support the bill to decriminalize cannabis. It is regrettable that other reports spread a false impression – perhaps deliberately. The SPD has long campaigned for a liberal drug policy and failed to do so due to the Union under Chancellor Merkel.”

“We are now committed to ensuring that the law will, above all, take health protection into account; final discussions are still being held on this matter. The law is scheduled to be passed at the beginning of next year and, we intend, to come into force in April 2024 as planned.” Dr. Mützenich also stated.

Further changes to CanG appear to be on the way, although it remains unclear what those changes are. Still, the timeline for approval appears to be on pace:

Meanwhile, adult-use cannabis or not, members of Germany’s established medical cannabis industry are calling for wider regulatory reform in the nation’s medical sector. All of it is adding to what will likely be a very busy year for cannabis policy modernization efforts in Germany in 2024.

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Medical Cannabis Legalization Stalls In Ukraine

Written by Hazel Norman on . Posted in Policy.

Roughly a week ago lawmakers in Ukraine passed a measure that would legalize cannabis for medical use in the country under certain circumstances. Unfortunately, before the nation’s president could sign the measure procedural actions taken by the opposition party Batkivshchyna have delayed the process.

Cannabis opponents in the Verkhovna Rada made significant efforts leading up to the successful vote for medical cannabis to try to prevent a vote from happening via the classic political tactic of introducing needless amendments to the measure being considered.

Those tactics may have failed at the time, however, the recent actions by members of the Batkivshchyna party make the future of medical cannabis in Ukraine murkier, to say the least. Per Marijuana Moment:

The leader of the Batkivshchyna (Fatherland) party, Yulia Tymoshenko, who has consistently opposed the measure, said recently that her party intends to appeal to the Constitutional Court to cancel the legislative vote because “the amendments to the bill were considered in a half-empty chamber,” according to a report in the New Voice of Ukraine.

Tymoshenko, a former prime minister of the country, claimed that the proposal would legalize “drug trafficking and the drug mafia in the country,” though the local news outlet said she failed to provide any evidence for those claims.

The recently passed measure, if it is ever signed into law by President Volodymyr Zelensky, would legalize medical cannabis for suffering patients diagnosed with ‘severe illnesses’ and post-traumatic stress disorder.

Cannabis is currently classified as a List I substance in Ukraine, and if the new measure becomes law, it would reschedule cannabis to List II. That rescheduling would allow cannabis to be prescribed for medical purposes.

Ukraine’s Agrarian Policy Ministry would regulate the nation’s medical cannabis program along with Ukraine’s Police and State Agency on Medicines according to the bill. Medical cannabis imports would be permitted, which would help increase the speed at which the nation’s medical cannabis program could become operational.

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Japanese Health Ministry Bans Six Synthetic Cannabinoids

Written by Hazel Norman on . Posted in Policy.

Japan’s Health Ministry moved to pass a ban on certain synthetic cannabinoids this week, citing reported illnesses by consumers who stated they consumed gummy products infused with synthetic cannabinoids.

All of the cannabinoids in question, which will be banned starting January 6, 2024, have a similar structure as hexahydrocannabihexol (HHCH). Japan’s Health Ministry implemented a ban on HHCH and any products infused with it earlier this month.

Back in November, five individuals reportedly became ill after “consuming gummies distributed by a man at a festival in western Tokyo.” Those reported illnesses were cited as the reason for banning HHCH earlier this month.

Tetrahydrocannabinol (THC) was already banned in Japan, however, lawmakers recently passed a measure to close a perceived loophole in the law. THC consumption was not expressly prohibited in Japan until earlier this month. People in Japan caught having consumed cannabis now face up to seven years in prison.

Products containing synthetic cannabinoids are popular with consumers in jurisdictions that prohibit THC, serving as an alternative to non-synthetic cannabis products. Multiple outlets in Japan were reportedly selling synthetic cannabis products such as gummies and cookies before the passage of the ban.

Synthetic cannabis products are almost always unregulated, and thus, not always safe for human consumption. Growing demand for synthetic cannabis products is a byproduct of cannabis prohibition, as demonstrated by the fact that synthetic cannabis products are not nearly as popular, nor as widely available, in jurisdictions where adult-use cannabis commerce is permitted compared to where it is prohibited.

Regulated THC products are demonstrably safer than unregulated synthetic cannabinoid products, which is why governments around the world would be wise to modernize their cannabis policies to permit adult-use cannabis commerce to boost public health outcomes.

In addition to banning HHCH earlier this month, lawmakers in Japan lifted a ban on cannabis-derived medications to permit the importation of such medical cannabis products as Epidiolex. Epidiolex is often prescribed for patients diagnosed with intractable epilepsy.

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Ukrainian Medical Cannabis Legalization Awaits Presidential Signature

Written by Hazel Norman on . Posted in Policy.

Lawmakers in Ukraine gave final approval this week to a measure that would legalize cannabis for medical purposes in certain instances. The medical cannabis legalization measure now awaits the signature of President Volodymyr Zelensky, who is expected to sign it into law.

Ukraine’s legislative body, the Verkhovna Rada, approved the bill on Thursday with 248 ‘yes’ votes. The favorable vote comes after years of Ukrainian advocates pushing for medical cannabis legalization. Per Kyiv Post:

In the second reading, the Verkhovna Rada voted in favor of legalizing medical cannabis in Ukraine, passing the new law with a total of 248 votes, as reported by People’s Deputy Yaroslav Zheleznyak on Telegram.

The Servant of the People pro-presidential faction cast 178 votes in support of the bill, draft law No. 7457. However, the European Solidarity faction, led by former President Petro Poroshenko, and the Batkivshchyna faction, led by former Prime Minister Yulia Tymoshenko, did not support the document.

Cannabis opponents in the Verkhovna Rada made significant efforts in recent weeks to try to prevent a vote from happening via the classic political tactic of introducing needless amendments to the measure being considered.

The recently passed measure, if signed into law by President Volodymyr Zelensky, would legalize medical cannabis for suffering patients diagnosed with ‘severe illnesses’ and post-traumatic stress disorder.

Cannabis is currently classified as a List I substance in Ukraine, and if this new measure becomes law, it will reschedule cannabis to List II. That rescheduling will allow cannabis to be prescribed for medical purposes.

Ukraine’s Agrarian Policy Ministry will regulate the nation’s medical cannabis program along with Ukraine’s Police and State Agency on Medicines. Medical cannabis imports will be permitted, which should help increase the rate at which the nation’s medical cannabis program is operational.

The measure is scheduled to be implemented six months after it receives President Volodymyr Zelensky’s signature.

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Guernsey Cannabis Prescriptions Top 13,000 In Last Year

Written by Hazel Norman on . Posted in Policy.

Guernsey, a self-governing British Crown dependency island in the English Channel near the French coast, only has a population of roughly 65,000 people. Yet, three private clinics on the island have reportedly issued over 13,000 medical cannabis prescriptions over the course of the last year.

Medical cannabis reform was first implemented in Guernsey in 2019, with the British Crown dependency issuing its first medical cannabis cultivation license in November 2021. Momentum for adult-use reform picked up in recent years, however, actual passage and implementation of an adult-use cannabis measure seems unlikely for the foreseeable future.

Lawmakers in Guernsey agreed in 2022 to explore the idea of adult-use cannabis reform. Unfortunately, all laws passed by Guernsey’s government must also be approved by the United Kingdom’s Privy Council – a concept known as ‘royal assent.’

“One of the hurdles we’ve encountered as we have looked more deeply in cannabis legalisation is getting royal assent in the UK [passed by the King’s Privy Council, which, at the moment, appears very unlikely.” stated Policy & Resources Committee member Deputy Bob Murray earlier this year.

A survey of domestic lawmakers in Guernsey back in the summer of 2022 found that over half of them supported reviewing the nation’s cannabis policies, with 40% of survey respondents indicating that they supported rescheduling cannabis.

For now, Guernsey’s emerging medical cannabis industry will continue to serve patients via the prescription process. If local lawmakers and industry members have their way, Guernsey’s industry will increase in size and scope in the coming years, and serve patients in other jurisdictions.

The stated goal coming out of Guernsey is for companies to be able to import raw cannabis from other jurisdictions, make them into various products, and then export those finished products to large European markets such as Germany.

However, for that to happen a “massive investment” needs to be made into the industry according to Deputy Marc Leadbeater, and investors seem hesitant.

“The problem is a lot of the previous investors in medicinal cannabis are wary about investing in that area at the moment due to developments with cannabis legislation across the globe.” Deputy Leadbeater stated according to reporting by the BBC.

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Cannabis Trials Begin In The Netherlands After Long Delay

Written by Hazel Norman on . Posted in Policy.

Limited adult-use cannabis commerce trials finally launched this week in the Netherlands after several delays. Cannabis trials, which permit consumers, growers, and retailers to participate in legal cannabis commerce for research purposes, were first proposed in the Netherlands in 2017 as part of a governing coalition agreement.

“The aim of the experiment is to ascertain whether or not it is possible to regulate a quality-controlled supply of cannabis to coffee shops and to study the effects of a regulated supply chain on crime, safety, public nuisance and public health. In order to allow the experiment to take place, special legislation must be adopted.” the Netherlands’ government stated at the time.

The push to launch cannabis trials in the Netherlands has experienced a series of setbacks. Back in September 2019, ten municipalities were selected for participation in the trials, although legislation was still needed to allow the trials to proceed.

On January 22, 2019, the nation’s House of Representatives adopted a controlled cannabis supply chain experiment measure, followed by passage in the Senate on November 12, 2019. That afforded some of the estimated 570 cannabis-selling coffee shops in the country a path to participate in the eventual trials.

The initial timeline to launch the trials was 2021, however, that did not happen. The same was true for 2022, with the year coming and going and the Netherlands seeming to be no closer to achieving the full implementation of initial cannabis trials. The delays were reportedly due to a lack of legal supply.

At one point in 2023, it appeared that the whole year would be lost to more delays, with the nation’s Health Minister Ernst Kuipers indicating that they did not want to roll out the trials in phases. Fortunately, the trials did launch this week in Breda and Tilburg.

Cannabis trials are not unique to the Netherlands. Multiple cannabis trials are already underway in Switzerland, such as in cities like Zurich and Basel, with more expected to be launched in the next calendar year.

The public policy concept of cannabis trials is a key component of the legalization model being pursued in Germany. Germany’s Commissioner for Addiction and Drug Issues Burkhard Blienert recently traveled to The Netherlands to discuss the concept:

Cannabis trials are expected to launch in other cities in the Netherlands, although it is still unclear when that will happen exactly. Arnhem, Almere, Groningen, Heerlen, Hellevoetsluis, Maastricht, Nijmegen, and Zaanstad are other municipalities in the Netherlands selected for cannabis trials.

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Malta Approves More Noncommercial Cannabis Clubs

Written by Hazel Norman on . Posted in Policy.

Malta became the first European nation to pass an adult-use cannabis legalization measure back in 2021. The passage of a national legalization measure in Malta made the country the third nation on earth to do so, following Uruguay and Canada.

Unlike Uruguay and Canada, adult-use sales in Malta are limited to noncommercial cannabis clubs. Dispensaries and adult-use sales at pharmacies are still prohibited in Malta, in addition to other forms of commerce.

Back in October Malta approved its first round of licenses for noncommercial cannabis clubs, and earlier this month it approved another round, with three more entities receiving approval. Per Cannabis Health News:

Malta’s Responsible Cannabis Use Authority (CURA) has issued three new licences to Cannabis Harm Reduction Associations (CHRAs).

This brings the total to five clubs which have now received approval, with Sprawt, Northern Lights and NEGE joining KDD Society and Ta’ Zelli which were licensed in early November.

Regulations state that only associations listed on the CURA website can cultivate and distribute cannabis to their members. Membership is limited to residents of Malta over the age of 18 and a copy of their identity card must be provided to the association as proof of age and address.

Unfortunately, the European Union does not permit its members to legalize national adult-use sales. Rather, all policy modernization has to be medical and/or research in nature, which is why Malta was permitted to proceed with licensing noncommercial cannabis clubs.

Such clubs are geared towards reducing the public health impact related to humans consuming unregulated products.

Another public policy experiment that is found in Europe involves the permitting of adult-use cannabis commerce pilot programs. As of right now, Malta does not have plans to launch such programs. Limited local pilot programs are one form of commerce that the European Union permits since they are geared toward research.