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Author: Hazel Norman

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Legalization Measure Moves Forward In South Africa

Written by Hazel Norman on . Posted in Policy.

In September 2018 South Africa’s Constitutional Court issued a landmark ruling in which it determined that cannabis prohibition as it pertains to individual rights was unconstitutional. The Court deemed prohibition to infringe on the rights of individuals making use of the cannabis plant in private places.

As part of the Court’s ruling, which was unanimous, the prohibition of cannabis cultivation in a private setting for personal use was deemed to be unconstitutional. The three plaintiffs in the case argued that prohibition “intrudes unjustifiably into their private spheres” and the Court agreed.

“It will not be a criminal offence for an adult person to use or be in possession of cannabis in private for his or her personal consumption.” stated Deputy Chief Justice Raymond Zondo at the time.

Since that time lawmakers in South Africa have worked to codify the binding ruling into the nation’s laws, and the nation’s Cabinet determined in 2019 that the nation needed a national strategy for modernizing its cannabis policies, which eventually yielded the National Cannabis Master Plan for South Africa.

Following the 2018 Court ruling, cannabis advocates inside and outside of South Africa were hopeful that the nation would become a regional and international cannabis industry powerhouse. Unfortunately, the political process in South Africa has dragged on.

Advocates received good news in recent days when South Africa’s National Assembly passed an adult-use measure, as first reported by Marijuana Moment:

South Africa lawmakers have approved a long-awaited bill to legalize marijuana possession and cultivation by adults.

The National Assembly passed the legislation on Tuesday, setting the stage for possible concurrence by the bicameral Parliament’s National Council of Provinces.

It’s important for advocates to recognize that while this is a major milestone for cannabis policy modernization efforts in South Africa, there is still a lot of the process left to be completed. It’s unclear what changes to the measure may be on the horizon, and how long the political process will take to yield meaningful results.

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First Legal Medical Cannabis Clinic Opens In Ireland

Written by Hazel Norman on . Posted in Business, Policy.

Medical cannabis may be commonly found in various parts of the world now, however, in Ireland, medical cannabis policy modernization efforts have taken considerably longer to become a reality.

Back in June 2019, Ireland’s Minister for Health signed a measure that permitted the operation of the Medical Cannabis Access Programme on a pilot basis for five years. Similar to the medical cannabis program that is in operation in France, the policy change was initially only temporary and limited in scope.

In Ireland, there are only three recognized health conditions that qualify a suffering patient to be able to enroll in the Medical Cannabis Access Programme. Those conditions are:

  • Spasticity associated with multiple sclerosis
  • Intractable nausea and vomiting associated with chemotherapy
  • Severe, refractory (treatment-resistant) epilepsy

The nation’s medical cannabis program took a moderate step forward in 2021 when Ireland’s Health Minister announced that medical consultants could sign up themselves and their patients to the Medical Cannabis Access Programme through the nation’s Health Service Executive.

It was that latest change that led to the launch of Ireland’s first legal medical cannabis clinic. Per Irish Mirror:

Medicann CEO Gary Whipp, whose background is primarily in tech, has been studying cannabis for five years and is a qualified cannabis consultant. He told the Irish Mirror that Medicann first launched in “sunny” Jersey in 2019 and has since set up clinics in Guernsey and the Isle of Man.

Now, Medicann has opened its first Irish clinic recently and has been “inundated” since it began accepting patients who wish to know if they are eligible for treatment with medicinal cannabis.

While it is presumed that many suffering patients who contact the clinic ultimately do not qualify right now due to the limited number of qualifying conditions, Medicann’s CEO feels that there may be a path for increased patient access via a ministerial license.

“Each individual gets a ministerial licence, it lasts for 12 months, and that allows us to prescribe for that particular condition.” Gary Whipp stated according to Irish Mirror. “That’s the only real difference between the other jurisdictions and Ireland, is that the initiating of it needs to have a ministerial licence if it’s not one of the MCAP conditions.”

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Australian Medical Association Opposes Cannabis Legalization Measure

Written by Hazel Norman on . Posted in Policy.

Lawmakers in Australia’s Parliament are currently considering a bill that would legalize cannabis for adult use. The ‘Legalising Cannabis Bill 2023‘ was introduced by Greens Senator David Shoebridge, an outspoken proponent of modernizing Australia’s cannabis policies.

According to the summary of the bill, the measure “establishes the Cannabis Australia National Agency as a statutory agency to register cannabis strains and regulate activities relating to cannabis including: growing and possessing cannabis plants; manufacturing and selling cannabis products; operating cannabis cafes; and importing and exporting cannabis products.”

The measure was first introduced and read for the first time on August 10, 2023, and is currently sitting in the Senate Legal and Constitutional Affairs Committee. The committee is accepting submissions, and for better or worse, the Australian Medical Association weighed in. Per the Milton Ulladulla Times:

A proposed federal Bill that would legalise cannabis for adult recreational use in Australia must be scrapped, according to the Australian Medical Association (AMA).

The AMA has set out its opposition to the Bill in its submission to the Senate Legal and Constitutional Affairs Committee, saying there were many short-term and long-term risks posed by recreational cannabis.

The association’s submission was full of classic reefer madness talking points, many of which seem to fail to take into consideration the overwhelming success of adult-use legalization in Canada and Uruguay.

It’s an interesting irony that while Australia’s Medical Association is making claims that adult-use legalization would hurt its nation’s public health outcomes, lawmakers in Europe are pushing for legalization to boost public health outcomes.

In countries that prohibit cannabis, such as Australia, consumers make their purchases from unregulated sources and it’s anyone’s guess what was used to cultivate the unregulated cannabis that the sources provide. A significant amount of humans will always consume cannabis, and when that cannabis is unregulated and contaminated, consuming it can cause issues.

The Australian Medical Association, much like many cannabis opponents, fails to accept the reality of the situation. They seem to think that if cannabis is prohibited, that humans will not consume it. Obviously, that has never been the case at any point during the era of cannabis prohibition.

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Legalization Vote Delayed In Germany

Written by Hazel Norman on . Posted in Policy.

A long-awaited adult-use cannabis legalization vote was initially scheduled for this week in Germany, however, the vote was delayed until at least December. This likely means that German adult-use reform will not be achieved until next year.

The measure that is currently being considered by members of the Bundestag was largely championed by German Health Minister Karl Lauterbach. In its current form, the measure would permit the personal cultivation, possession, and consumption of cannabis by adults, as well as the eventual launch of noncommercial cannabis clubs.

Several lawmakers in Germany have expressed frustration with some of the provisions that are currently included in the legalization measure, as well as expressed frustration with how long the political process is taking:

Translated from German to English the social media post states, “The CannG will be decided in December. This means that we are not keeping to the schedule. I know this is a huge disappointment for many. That’s why this decision wasn’t easy for anyone. However, well-designed improvements are in all of our interests. ✊”

Reading between the lines a bit, Carmen Wegge’s social media post seems to indicate that the current adult-use legalization measure is evolving and that the delayed vote could be indicative of changes on the horizon. Obviously, only time will tell.

Currently, only two nations in Europe have passed a national adult-use legalization measure. Malta did so in late 2021, and Luxembourg did so earlier this year. Both legalization models are limited in scope, with Luxembourg’s legalization model being particularly narrow and only permitting cultivation, possession, and consumption.

According to the European Union, continental agreements prohibit robust national sales such as what is found in Canada and Uruguay. The two Western Hemisphere nations make up the remainder of the list of countries that have passed a national adult-use measure.

Many international cannabis observers have wondered if domestic lawmakers in Germany will push for reform provisions that go against the EU’s expressed limitations, and if so, where things will go from there. It appears that the earliest that may happen will be in 2024.

Hamburg Germany

SPD Interior Ministers Continue To Cling To Failed Prohibition

Written by Hazel Norman on . Posted in Policy.

Roughly a month ago, cannabis opponents in Germany’s Federal Council (or Bundesrat) tried to derail the nation’s legalization plans. German lawmakers are currently considering a proposal that was largely championed by the nation’s Health Minister Karl Lauterbach.

Minister Lauterbach’s measure, which would legalize cannabis for personal cultivation, possession, and consumption, was already approved by the nation’s Federal Cabinet. The measure would also permit adult-use noncommercial cannabis clubs to operate.

A coalition of SPD ministers from jurisdictions like Hamburg, Thuringia, and Lower Saxony have been very vocal in opposition to the measure, which is currently working its way through the Bundestag process.

In the coalition’s latest move, the ministers sent a ‘warning letter’ to the SPD parliamentary group. The letter was reportedly authored by Hamburg’s Interior Senator Andy Grote (SPD) on behalf of the coalition and focused on Dutch and Spanish policies.

“The liberal drug policy has given organized crime an enormous increase in the market while at the same time reducing the risk of criminal prosecution and has thus created the foundations for the structures that the Dutch state has today escalated violence.” the letter stated.

The letter went on to bemoan “perpetrators from all nations” that it claims have flooded into the two countries, creating a “pull effect on perpetrators of organized crime.” The letter was specifically critical of the amount of cannabis that an adult will be able to acquire through a licensed and regulated, noncommercial club in Germany if/when the law is approved and implemented.

“It is therefore very likely that many 18-year-olds will pass on their ‘excess’ cannabis to people under 18 at parties and on other occasions (including for money).” stated the letter.

For context, Uruguay passed a national legalization measure in 2013 that included club provisions. None of the doomsday scenarios that the SPD interior ministers are predicting ever materialized in Uruguay. The same is true in Canada, which legalized nationwide in 2018. The same will presumably be true in Malta where regulators recently approved the first two licenses for noncommercial clubs.

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Philippines Department Of Health Supports Limited Medical Cannabis

Written by Hazel Norman on . Posted in Policy.

While many parts of the world have reformed their laws to permit the use of cannabis for medical purposes, the Philippines has been much slower to do so. Unfortunately, cannabis is prohibited in all of its forms in the Philippines, and the nation’s cannabis penalties are some of the harshest on planet Earth.

The binding law is the Comprehensive Dangerous Drugs Act of 2002, which specifies hefty fines and long prison sentences for cannabis offenses. The level of penalty depends on the amount involved and whether there was perceived intent to distribute by law enforcement.

Even simply having metabolized THC in a person’s system is illegal in the Philippines, with offenders being required to undergo at least six months at a government rehabilitation center.

Fortunately, the nation’s government is slowly opening up to the idea of at least permitting cannabidiol (CBD) products. Per The Manila Times:

Among the pending measures was House Bill 4208 filed by Camarines Sur 2nd District Rep. Luis Raymund Villafuerte that seeks to create a state agency to oversee the production and marketing for the export of CBD, which does not have psychoactive properties that produce a “high” effect like those experienced by marijuana users.

During the hearing of the Commission on Appointments on Health Secretary Teodoro Herbosa’s ad-interim appointment last September, Villafuerte, who acts as the majority floor leader of the Commission, asked him whether he supported the legal use of cannabis oil for medicinal purposes.

“We are in favor of the legalization of medical use of marijuana and its products, your honor,” Herbosa replied, adding that the DoH will pursue medicinal cannabis legalization as a policy.

To be clear, the type of reform that is being pursued in the Philippines is incredibly restrictive and will only help a limited number of suffering patients. Hopefully this type of reform succeeds and paves the way for more comprehensive reform.

cannabidiol cbd oil

United Kingdom Accepts New Recommendations For CBD Products

Written by Hazel Norman on . Posted in Policy.

The United Kingdom, like most countries, has struggled to regulate products containing cannabidiol (CBD). CBD products have increased in popularity and availability across Europe, and there is a considerable amount of confusion regarding what is permitted, what is not, and what is in a ‘grey area.’

Due to CBD’s lack of euphoria-inducing properties, people who typically buy and consume CBD products are doing so for wellness purposes, and not recreational purposes. As such, they really need the products that they are consuming to be properly regulated to ensure consistency, efficacy, and safety.

The government of the United Kingdom recently accepted recommendations to specify permissible cannabinoid levels in CBD products. Per excerpts from Cannabis Health News:

The UK Home Office this week accepted recommendations from the Advisory Council for the Misuse of Drugs (ACMD) regarding the legal levels of controlled cannabinoids, including THC, in consumer CBD products.

In a response to the ACMD report, published on 24 October, Minister for Crime and Policing, Chris Philp MP, said the government intends to accept the advised limit of 50 micrograms of THC and other controlled cannabinoids per unit of consumption.

Clear and sensible regulations are desperately needed in the global CBD sector. Many jurisdictions either have no regulations or vague regulations, while many others have regulations that are overburdensome and/or conflicting with other public policies and rules.

All of that makes it very difficult to be an entrepreneur or investor, as neither wants to operate in an uncertain and seemingly-shifting landscape. That, in addition to the issues that it causes for consumers and patients. Unfortunately, the situation in the United Kingdom and beyond will likely get more murky before better clarity and consistency are achieved.

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Morocco’s King Appoints General Director Of National Cannabis Agency

Written by Hazel Norman on . Posted in Policy.

Back in mid-2021, Morocco passed a key measure that has helped pave the way for the nation’s emerging legal cannabis industry. Morocco has long served as a top source for unregulated cannabis, particularly for the European continent.

Now, thanks to the nation modernizing its cannabis policies, legal cannabis is cultivated in multiple Moroccan provinces. Roughly one year ago, Morocco issued ten permits for legal medical cannabis cultivation. Farmer cooperatives in the northern mountain areas of Al Houceima, Taounat, and Chefchaouen received the permits.

The agency that oversees the nation’s emerging legal industry is the National Agency for Regulating Cannabis Related Activities, which met for the first time in June 2022. The agency recently received a new general director. Per Morocco World News:

Morocco’s King Mohammed VI appointed Mohamed El Guerrouj as general director of the National Agency for Regulating Cannabis Related Activities (ANRAC).

The appointment was announced during the Council of Ministers meeting held in Rabat on Thursday.

Prior to the new appointment, El Guerrouj has been serving as an interim director for ANRAC since September 2022.

It will be some time before Morocco’s legal industry expands to a point that it can compete in any meaningful way with the nation’s unregulated market. Just as the unregulated market still exists in other legal jurisdictions, the same will always be true in Morocco to some extent.

With that being said, any economic stimulus that the emerging industry can provide is presumably very much welcomed in Morocco where per capita income is low and jobs are often hard to come by.

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Malta Issues First Noncommercial Cannabis Club Licenses

Written by Hazel Norman on . Posted in Business, Policy.

Malta became the third nation on earth, and the first in Europe, to pass a national adult-use legalization measure back in late 2021. Since that time, Luxembourg has also passed a national measure. However, unlike Luxembourg, Malta’s legalization model includes the permitting of noncommercial cannabis clubs. The EU nation recently issued its first licenses for such clubs.

According to domestic reporting, Executive Chairperson Authority for The Responsible Use of Cannabis (ARUC) Leonid McKay announced during a recent press conference that “operational licenses” were issued to two different entities.

The recipients of the noncommercial cannabis licenses are KDD Society and Ta’ Zelli. The entities cannot start distributing cannabis until they receive tested products. All testing will reportedly be handled by Malta’s Authority for The Responsible Use of Cannabis.

It’s not entirely clear when products will officially go on sale, however, it’s speculated that the first legal sales via noncommercial clubs will begin early next spring. Four more entities have received “in-principle licenses” and are continuing to work through the licensing process.

Per our prior reporting, regulations for noncommercial clubs in Malta include (but are not limited to):

  • A maximum of 500 club members
  • Cannot be located within 250 meters of a school or ‘youth center’
  • No advertising
  • Cannot use the word ‘cannabis’ in the club’s name, or anything that would ‘incite use’
  • At least two club founders with no prior convictions of money laundering
  • Clubs must have a legal representative
  • Club administrators have to be residents for at least 5 years
  • All cannabis has to be cultivated by the club itself (out of public view)
  • Registration fee of €1,000
  • License fee starting at €8,750
  • Initial licenses valid for 1 year, with 3 year renewals
  • Labeling requirements
  • Ongoing government auditing
  • Product testing
  • THC percentage caps for consumers 18-20 years old
  • Consumers can only have a membership at 1 club at a time
  • Revenue dispersal requirements