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Author: Hazel Norman

Push For Legalization Continues In Costa Rica

Multiple countries on different continents are making meaningful pushes to modernize their cannabis policies in ways that would permit adults to cultivate, consume, and/or sell cannabis for recreational purposes.

One of those countries is Costa Rica, where lawmakers are divided over a recent effort to pass an adult-use cannabis legalization measure. This month the nation’s president once again called for adult-use cannabis legalization, and the call was received with mixed reactions. Per excerpts from Tico Times:

Several deputies across parties echoed Chaves’ perspective. Manuel Morales, President of the Environment Commission that oversees the stalled legalization bill, agrees the goal is regulating existing demand rather than promoting more usage.

However, some legislators remain fiercely opposed, especially from the opposition National Liberation Party (PLN). Deputy Dinorah Barquero alleged the bill lacks sufficient study of potential public health impacts from increased cannabis use. Meanwhile, fellow PLN member Gilbert Jiménez labeled Chaves’ legalization push as “inopportune” given the scale of Costa Rica’s security challenges with homicides and criminal groups.

Costa Rica’s Executive Branch previously introduced a cannabis legalization measure that would be later voted down by the nation’s Permanent Special Environment Commission in a 5-3 vote back in August. A major focus of the measure was to boost the nation’s tourism industry and to make Costa Rica a top global cannabis tourism destination.

In President Chaves’ recent call to renew the push to legalize cannabis for adult use in his country, he placed a heavy emphasis on modernizing the nation’s policies to help combat drug cartels and organized crime.

Costa Rica is reportedly experiencing an interesting phenomenon, with cannabis allegedly being smuggled into the country at an increasing rate. If so, Costa Rica would be wise to follow in Canada’s footsteps. Canada legalized cannabis in 2018 and consumers have largely transitioned their purchases to the regulated industry instead of buying from unregulated sources.

German Commissioner Visits The Netherlands To Learn About Cannabis Trials

The European continent is home to a handful of interesting local cannabis public policy experiments often referred to as cannabis pilot trials or programs. The trials are designed, in theory, to collect consumer and commerce data at a local level to help national policymakers when they are crafting broader laws, rules, and regulations.

Switzerland has trials already in operation in multiple cities, each with its limits on the number of participants that can take part in the public policy experiment. The trials in Switzerland range in size from hundreds of consumers up to thousands, with each consumer being able to make legal purchases from regulated outlets that are also participating in the programs.

The adult-use legalization measure being considered in Germany also incorporates the concept of local cannabis commerce trials. Germany’s Commissioner for Addiction and Drug Issues Burkhard Blienert traveled to The Netherlands recently to discuss the concept:

Cannabis trials are not a part of adult-use legalization models in the Western Hemisphere. In both Uruguay and Canada, the first two nations to pass national adult-use legalization measures, cannabis sales are permitted nationwide. It is worth noting that Uruguay limits legal purchases to residents only.

The only other two nations to pass adult-use legalization measures at a national level are Malta and Luxembourg, and in the case of Luxembourg, the nation’s legalization model is very restrictive. Sales of any kind are still prohibited in Luxembourg.

In Malta, personal cultivation, possession, and consumption are all legal for adults, as well as permitted purchases via the nation’s growing list of noncommercial cannabis clubs. Malta has no current plans to expand its legalization model.

Germany, on the other hand, does have expressed plans to launch cannabis trials eventually, and when that happens the size and scope of the cannabis trials will likely be much larger than what is currently found elsewhere on the European continent, albeit on a timeline that is still unclear.

Medical Cannabis Access Continues To Be Hindered In Greece

A Member of the European Parliament from Greece is urging the European Commission (EC) to adopt legislation that would bring some long-needed uniformity to medical cannabis access on the continent. Greek MEP Stelios Kouloglou recently appealed to the EC.

It is not the first time that MEP Kouloglou has sought clarity on this subject. Back in January 2022, MEP Kouloglou submitted a “Question for written answer” to the European Parliament which included the following language:

Many Member States have now legalised the medical use of cannabis and the circulation of EMA-approved and other prescription drugs. At the same time, the EP has adopted a resolution highlighting their therapeutic effects, possibly even in the case of COVID-19.

Since 2017, the cultivation of medicinal cannabis and the licensing and manufacture of finished products with a TCH (sic) content exceeding 2% have all been officially regulated in Greece.

On 2 December 2021, the Government banned the import of medical cannabis products in their final state for domestic consumption, making it impossible for Greek patients to obtain such products with a tetrahydrocannabinol content exceeding 2%, since they have not been licensed for domestic production and few companies will meet the necessary conditions any time soon. As a result, patients are resorting to illegally distributed preparations from unreliable sources.

In view of this:

1. Will the Commission seek to establish whether the principles of fair competition, which is essential for the free movement of goods, and the provisions of the European Medicines Regulatory System are being infringed?
2. How can it help Greek patients gain legal access to the treatment they need?

Earlier this month MEP Kouloglou submitted another question, the language of which is below:

The use of cannabis for medical purposes is accepted worldwide. The WHO recommends the use of prescriptions for a wide range of conditions, while the European Parliament has called on European and national authorities to address regulatory barriers, provide funding for research and innovation and inform healthcare professionals.

Greece legalised medical cannabis in 2017, allowing its cultivation and the production of cannabis products containing more than 0.3% THC. However, patients do not have access to these medical products and the little national investment in medical cannabis that exists, is slow.

In November 2021, the Greek Government banned the import of medical cannabis products, violating Article 28 of the Treaty on the Functioning of the European Union and creating a market situation in which supply was controlled by a few who influenced prices, leading to unfair competition. As a result, for the past two years patients have been forced to turn to the black market to get treatment for a range of conditions.

In view of this:

1. How does the Commission plan to address the shortage in medicines for patients, caused by national measures that violate the fundamental principle of the free movement of goods and create a breeding ground for unfair competition within the Single Market?
2. Does it plan to introduce an EU legal framework that comprehensively regulates the issue as a whole, preventing the existence of a black market, regulating quality and labelling accuracy and ensuring legal and safe access to cannabis products for medical purposes?

MEP Kouloglou’s questions are all valid, as Greece is not the only country in Europe struggling to navigate a patchwork of laws, rules, and regulations, with many of them seeming to conflict with each other at times.

If Europe’s cannabis industry is ever going to reach its full potential, both at the individual nation level as well as the continental level, there needs to be sensible uniformity to some degree. Suffering patients across Europe, including in Greece, are depending on it.

Japan Lifts Ban On Cannabis-Derived Medications

Japan’s parliament approved a reform measure on Wednesday that legalizes cannabis-derived medical products. The newly approved public policy measure also imposes stiff penalties for the use of non-approved cannabis products.

Last month lawmakers in the lower chamber of Japan’s parliament approved the measure, which seeks to permit the importation, prescription, and use of products like Epidiolex. Epidiolex is a cannabis-derived medical cannabis product that is currently available in pharmacies in several countries.

The medication is prescribed to treat severe cases of epilepsy. Many patients around the world report taking the medicine and experiencing significant relief. A study conducted in 2019 found that “6.9 per 1000 individuals have epilepsy in the general Japanese population, and that the prevalence of epilepsy increases with age, probably because of elderly onset cerebrovascular diseases.”

Lawmakers in the upper chamber of Japan’s parliament, the House of Councillors, approved the measure today. The other major component of the measure was explicitly codifying the prohibition of the use of non-approved cannabis products.

Once the measure goes into effect, someone caught consuming illegal cannabis products of any kind will face a penalty of up to seven years in prison. Possession of non-industrial hemp cannabis is already prohibited in Japan, and it is unclear how the new consumption law will be enforced.

A somewhat comparator law can be found in the United States in the State of Idaho, where “public intoxication” from cannabis is prohibited and punished by up to six months imprisonment and/or a $1,000 fine.

The way the law is enforced in that jurisdiction is based on ‘reasonable suspicion’ by the officer, meaning that if an officer has a ‘reasonable suspicion’ that someone has consumed cannabis and is now out in public, they can have them tested, even if it is determined that no actual cannabis was being possessed at the time of the interaction.

It’s a subjective standard that many cannabis advocates around the world try to prevent from being implemented, with advocates pointing out that subjective enforcement is nearly impossible to prevent when such a policy is in place.

The harsher consumer law in Japan is coming after concerns were expressed by lawmakers regarding a ‘spike’ in consumption rates in Japan and a rising rate of arrest for people caught possessing cannabis, particularly young adults.

In the most recent year for which data is available, Japan experienced a 21.5% increase in measured cannabis consumption compared to the previous year. While that may sound alarming to some lawmakers inside and outside of Japan, consider the fact that less than 2% of people in Japan report having consumed cannabis during their entire lives.

By comparison, 41.5% in Canada report having consumed cannabis during their lifetime, and 44.2% in the United States. The double-digit increase in the consumption rate in Japan is more indicative of how low the overall baseline consumption rate was to begin with than it is indicative of a cannabis use epidemic.

Grenada Expected To Pass Cannabis Decriminalization Measure In 2024

Grenada may not be the first nation that you think of when contemplating cannabis policy modernization efforts, however, the Caribbean nation is expected to pass a cannabis decriminalization measure next year.

While the measure is being described domestically as ‘decriminalization,’ perhaps a more proper way to describe the measure is that Grenada is seeking to legalize the production of limited forms of medical cannabis products, in addition to decriminalizing personal possession and cultivation in some cases. Per Telesure English:

According to official reports, with this initiative, the Caribbean country seeks to diversify its economic base and create new engines to drive growth.

This should result in the elaboration and commercialization of products made with cannabis (as it is also known), but also allow the possession of only five plants or 24 grams, especially for members of the Rastafarian movement.

In many countries around the world, governments have launched robust medical cannabis programs that permit most or all forms of cannabis to be produced and sold via various means such as through dispensaries and/or pharmacies.

What is being proposed in Grenada on the medical side appears to be the legalization of pharmaceutical-grade medical cannabis products involving isolated cannabinoids, such as cannabidiol. If that is the case, there are many nations around the world already doing that.

The personal possession and cultivation provisions, if implemented, would be more significant from a public policy standpoint. The cultivation of five plants and the permitted possession of 24 grams is more than what is currently in place in Luxembourg where adults are permitted to cultivate up to four plants and possess up to three grams.

Parliamentary Assembly Of Bosnia And Herzegovina Host Medical Cannabis Meeting

Medical cannabis reform has swept the European continent, with many countries already having medical cannabis programs up and running in some form. European medical cannabis programs fall on a spectrum ranging from limited access to CBD pharmaceutical products all the way up to robust high-THC options via various safe access points.

One region that has been slower to modernize its medical cannabis policies is the Balkan region. However, that is changing as lawmakers in the region are seemingly making a more concerted effort to catch up to some of their European counterparts.

Lawmakers in Bosnia And Herzegovina recently held a meeting dedicated to exploring medical cannabis policy modernization efforts, as well as the efficacy of cannabis as a medical treatment strategy. Per excerpts from Sarajevo Times:

The conference “Legalization of cannabis for medical purposes – how to speed up the process?” for the first time on this topic in the Parliamentary Assembly of Bosnia and Herzegovina brought together representatives of numerous institutions in the country.

Saša Magazinović, a member of the House of Representatives of the BiH Parliamentary Assembly and the strongest proponent of this initiative in that institution, said that all sick people who use cannabis oil expect to be able to use it in a legal way.

“They expect to be treated by doctors instead of dealers and to buy cannabis oil in pharmacies instead of in dark parks. If it is not clear to anyone, we are talking, and it is important to emphasize this, about a large number of people who suffer from great pain, who suffer from autoimmune diseases diseases, malignant diseases, neurological disorders… we are talking about people whose quality of life is significantly impaired. We are all here because of these people,” said Magazinović.

Cannabis opponents have spent a great deal of time and effort over the course of several decades convincing voters that cannabis reform is bad and that cannabis does not possess any meaningful medical value. That harmful rhetoric has prevented suffering patients from obtaining products that could very well help treat their condition(s).

Hopefully the meeting in Bosnia and Herzegovina that was hosted by the nation’s Parliamentary Assembly was productive and yields meaningful action sooner rather than later.

Venezuela’s AG Is Wrong To Criticize Cannabis Reform Efforts

Cannabis modernization efforts are spreading across the globe, and where adult-use policies are already in place cannabis legalization is succeeding by every measure. Humans will always consume cannabis, and regulating cannabis products is a superior approach to public policy compared to cannabis prohibition.

Unfortunately, not all elected officials see it that way. Many cannabis opponents who are in public office still cling to cannabis prohibition talking points, presumably to try to maintain the status quo and keep policy modernization efforts from succeeding.

One such official is Venezuela’s Attorney General Tarek William Saab, who recently bashed lawmakers in other countries who are trying to modernize their nations’ cannabis policies. Per excerpts from World Nation News:

“Who will become a millionaire? Who gave the marijuana that was legalized? You are dividing the profit between a morally criminal group and a legitimately constituted Government,” said Saab during a forum held in Caracas on the prevention of use. on drugs in children and adolescents.

In his opinion, the global trend towards the decriminalization of marijuana consumption, in some cases only for therapeutic purposes, focuses on the legalization of other substances and the economic benefit of “world powers”, although he did not give details about it.

Tarek William Saab is not the only opponent of cannabis reform that is short on details. For decades all cannabis opponents had to do was toss around unfounded talking points that cannabis was bad and that was enough, as there was no counterbalance in the form of social media or elected officials favorable to cannabis reform.

Fortunately, those days are over. The truth about cannabis is now readily available via a number of platforms, peer-reviewed studies demonstrating cannabis’ wellness benefits are piling up, and regulated cannabis sales are generating revenue for public coffers and projects instead of funding criminal enterprises.

Registration Opens For Cannabis Pilot Projects In Bern And Biel

Switzerland is home to a very interesting public policy experiment. In May 2021, an amendment to Switzerland’s Federal Narcotics Act went into effect which permitted adult-use cannabis commerce pilot projects. Eventually, such projects would launch in Basel and Zurich.

In theory, adult-use cannabis commerce pilot projects are designed to serve as a study, gathering data about various consumer-focused areas of commerce at a local level to help national lawmakers and regulators be better suited to craft national policies and regulations.

The projects in Switzerland are limited in scope and size, although for program participants cannabis is effectively legal as long as they stay within the parameters of the adult-use cannabis commerce pilot program that they are enrolled in.

Pilots in Basel and Zurich have experienced no reported issues to date, and the nation’s network of pilot programs is set to expand with registrations opening up in Bern and Biel. Per Nau:

The cities of Biel and Bern have started the pilot project for cannabis distribution. Registration opened on Wednesday, as the University of Bern announced. The study participants are expected to be able to purchase various products such as cannabis flowers, cannabis resin or liquids with different THC and CBD content in selected pharmacies from February 2024.

According to the statement, the names of the pharmacies will not be published due to security reasons. The study will be carried out in the three cities of Bern, Biel and also in Lucerne. A total of around 1,000 participants will be accepted, including around 700 in Bern and 170 in Biel.

For a population of well over 8 million people, the number of participants in Switzerland’s pilot program is not substantial. However, the fact that at least some people are legally purchasing cannabis for recreational use in Switzerland is worth celebrating, and it is great to see that more pilot programs are on the way.

Pilot programs can be a two-edged sword, in that it gives lawmakers an excuse to drag their feet and delay taking meaningful action toward passing national legislation. Whether or not that proves to be the case in Switzerland will take some time to determine.

No Changes Expected To Luxembourg’s New Cannabis Law

Luxembourg became the fourth nation to ever pass a national adult-use cannabis law when it did so earlier this year. Luxembourg joined its European counterpart, Malta, which passed a national measure in late 2021. The other two legalized nations are Uruguay (2013) and Canada (2018).

Out of the four countries, Luxembourg’s legalization model is the most restrictive. It only provides for legal personal cultivation (4 plants per adult household), decriminalized possession (up to 3 grams away from the home, still punishable by a fine at the discretion of the public prosecutor’s office), and private consumption.

That legalization model is a far cry from what is found in Canada, where cultivation by adults is also permitted in most parts of the country, yet personal possession is permitted without the threat of a fine, and commercial cannabis sales are permitted in many forms.

Cannabis advocates were hopeful that Luxembourg’s law would be treated as a step in the right direction versus being a final destination, however, there appear to be no changes on the horizon to the nation’s new law.

The current CSV-DP government recently published a document outlining its priorities for the coming years, and while recently adopted cannabis policies are not expected to regress in the coming years, they are not expected to progress either.

According to the CSV-DP government’s professed priorities, personal cultivation will remain legal even though CSV voted against it when the measure was considered in the Chamber, and any reform beyond that limited scope will remain off the table, at least for now.

Luxembourg, like every other nation in Europe, is not considering its approach to cannabis policy in a vacuum. Several other countries are working to modernize their own cannabis policies, not the least of which is Luxembourg’s neighbor Germany.

Lawmakers in Luxembourg may want to cling to the status quo right now, but that will become increasingly more difficult as the cannabis policy landscape continues to evolve across the European continent.