Author: Hazel Norman

Canada’s Supreme Court Upholds Quebec Home Cannabis Cultivation Ban

Written by Hazel Norman on April 15, 2023. Posted in Policy.

Canada’s Supreme Court dealt a blow to cannabis advocates and would-be home cultivators in Quebec this week when it issued a ruling upholding Quebec’s home cultivation ban. According to federal law in Canada, adult households can cultivate up to 4 plants as part of a nationwide legalization measure that was passed in late 2018.

However, Quebec’s government instituted a home cultivation ban within its borders, and that ban was challenged via a case that initially started back in 2019 involving an adult consumer who directly challenged the home cultivation prohibition policy.

Under Quebec law, adult households can still be fined between $250 and $750 for home cultivation violations. According to Canada’s top Court, Quebec’s continued prohibition on home cultivation is constitutional, and the vote was unanimous. Per CBC:

Murray-Hall’s lawyer argued that Quebec’s ban on owning and cultivating plants for personal use is unconstitutional and contradicts the federal cannabis law enacted in 2018.

On Friday, the Supreme Court emphatically disagreed.

According to the ruling, the provincial law meshes well with the overall goals of the federal one, which include protecting the health and security of the public and steering users away from the black market.

Much of what is troubling, beyond the effect of the ruling itself, is the reasoning behind the Court’s decision.

“The Quebec legislature saw the possession and personal cultivation of cannabis not as a social evil to be suppressed, but rather as a practice that should be prohibited in order to steer consumers to a controlled source of supply,” the ruling stated.

“It is true that, in everyday language and even in the speeches of some parliamentarians, the creation of exceptions or exemptions under a scheme of criminal offences is often described as a ‘legalization effort,'” the ruling also stated. “However, this way of speaking is incorrect and falsely suggests that positive rights authorizing particular conduct have been granted to the public.”

Manitoba has also banned home cultivation, and being that this ruling comes from Canada’s top Court, the ruling applies nationwide. Hopefully other jurisdictions do not pile on via their own home cultivation prohibition policies. Furthermore, lawmakers in Canada need to step up and pass a measure that expressly provides for adult-use home cultivation nationwide so that local jurisdictions do not have that option.

Argentina’s Government Participated In First Legal Hemp Harvests In Half A Century

Written by Hazel Norman on April 10, 2023. Posted in Business, Policy.

Starting in 2019, Argentina has made a big push to boost its domestic cannabis industry, particularly as it pertains to science and research. Back then, Argentina’s Ministry of Science and Technology signed an agreement with a local government, the National University, and other entities.

That was followed by a Presidential decree issued in 2020 which provided a way for medical cannabis patients to, in theory, sign up for a government program in order to be able to cultivate their own medicine.

In May 2022, lawmakers in Argentina passed a measure that created the framework for a more robust medical cannabis industry in the South American nation, including provisions for boosting exports around the world. Later in 2022, the government established a public company to provide seeds, testing, and training to the nation’s emerging medical cannabis industry.

Recently members of Argentina’s government participated in the nation’s first legal hemp harvests in half a century, marking another milestone for the nation. Per Hoy:

The Ministry of Agriculture, the National Agrifood Health and Quality Service (Senasa) and the National Seed Institute (Inase) participated in the first experimental harvests of industrial hemp on Argentine soil after 50 years, it was officially reported.

The cultivation practices are developed by the national company Industrial Hemp Solutions (IHS), within the possibilities offered by the new regulatory framework for medical cannabis and industrial hemp.

Late last year regulators in Argentina approved new cultivars for the nation’s industry, although it’s unclear what exact genetics were involved in the recent harvests. Hopefully harvests of hemp and non-hemp-categorized cannabis become more common in Argentina as time goes by.

New Greens Proposal Would Legalize Home Cultivation In Australia

Written by Hazel Norman on April 9, 2023. Posted in Business.

In the fall of 2019, the Australian Capital Territory (ACT) became the first jurisdiction in Australia to legalize cannabis for adult use. The ACT measure permitted adults 18 years old or older within its jurisdiction to possess up to 50 grams of cannabis and cultivate up to two plants. The measure did not legalize cannabis sales.

The new public policy obviously did not extend to the entire nation, however, it was still a revolutionary measure in many ways. For adults that live in the ACT, the newly established freedoms were surely welcomed and many people are undoubtedly benefitting from them.

At least one political party in Australia is seeking to make cannabis legal for adult use nationwide, and with a home cultivation provision that is significantly greater than what is already in place in the ACT. Per Crikey:

Cannabis would be available to be bought and smoked at Amsterdam-style cafés or grown at home under a legalisation bill written by the Greens.

Adults would be allowed to grow up to six plants at home for private consumption, and there would be no upper weight limit for possession, according to the bill drafted by Senator David Shoebridge.

According to a poll conducted in May 2022, 55% of Australians support regulating cannabis like alcohol. Australia‘s Parliamentary Budget Office released a report earlier this year which estimated that legalizing cannabis for adult use and launching national adult-use sales would generate A$28 billion in tax revenue in the first decade.

Medical cannabis was legalized nationwide in Australia in 2016, however, suffering patients can only legally obtain medical cannabis products via a prescription from a licensed doctor. Home cultivation is prohibited, even for licensed patients, and the type of medical cannabis products available in Australia is limited.

bundestag berlin germany bundestag berlin germany

Germany Expected To Introduce Long-Awaited Legalization Measure In Two Weeks

Written by Hazel Norman on April 4, 2023. Posted in Policy.

During a live stream episode of ‘4:20-Cannatalk!’ featuring German governing coalition members and drug policy spokespersons of the Social Democratic Party Dirk Heidenblut (SPD) and Carmen Wegge (SPD) on Instagram (April 3, 2023, at 8 p.m. CET), the lawmakers announced that a long-awaited adult-use legalization measure would be formally introduced ‘in two weeks.’

“It would be nice if the draft law would be presented on 20.4.2023.” said Carmen Wegge during the live stream (translated from German to English).

The measure will reportedly involve a two-faceted approach to adult-use legalization in Germany, with the first phase involving home cultivation, ‘noncommercial’ cannabis clubs, and the suspension of cannabis prohibition enforcement as it pertains to personal use, possession, and cultivation.

“The first part of the reform measure could come into force before the summer break of the Bundestag, as Wegge and Heidenblut are speculating. This would be an urgently needed relief for millions of consumers. What this 2-phase approach means for the commercial route and the numerous companies preparing for a free market model, remains to be seen,” said Kai Friedrich Niermann of law firm KFN+.

Nationwide adult-use sales, which is what many German lawmakers were pushing for, will have to wait until the second phase of the legalization effort can be pursued.

“For reasons of European law, comprehensive legalization is obviously not feasible in the short term. We are therefore supporting Federal Health Minister Karl Lauterbach and the Federal Government with practicable ones Steps towards legalization. From our point of view, these can be model projects, decriminalization and self-cultivation.” SPD leadership previously stated according to initial reporting by Legal Tribune Online.

The announcement of the pending formal introduction of the legalization measure comes after several months of Germany’s Health Minister Karl Lauterbach lobbying the European Union for permission to proceed.

The premise of Minister Lauterbach’s argument to the European Union is that Germany’s public health outcomes would be better if people were consuming regulated products versus unregulated products.

Many cannabis advocates inside and outside of Germany were hopeful that the European Union would sign off on the launch of a regulated national industry in Germany, however, it appears that will have to wait.

Despite having to wait longer for national sales, the significance of the first facet of Germany’s reported legalization measure cannot be overstated. Cannabis prohibition is a failed public policy in Germany, and its time that the nation took a more sensible approach.

According to a 2021 report from Heinrich Heine University Dusseldorf, “legalization leads to significant savings in criminal prosecution.” The report’s authors stated that Germany would save 1.05 billion euros annually by no longer enforcing cannabis prohibition, in addition to judiciary savings of 313 million euros per year.

“Banning cannabis is harmful and expensive, billions are wasted on pointless police operations. The money would be used much more effectively for education, prevention and help. It’s time for legalization!” said DHV Managing Director Georg Wurth at the time of the report’s publishing.

Cannabis commerce involving adult-use sales will not be entirely prohibited under the reported first phase of German legalization. Local pilot programs are expected to launch, like what is underway in Switzerland, albeit presumably on a much larger scale.

“This is the biggest cannabis news of the decade. Within 3 years, Germany will have the biggest federally regulated cannabis market in the world,” said Alex Rogers, founder, and CEO of the International Cannabis Business Conference.

When national sales eventually launch, Heinrich Heine University Dusseldorf estimates that 27,000 jobs will be created and that the total revenue generation to Germany’s public coffers will be roughly 4.7 billion euros per year.

The first facet of the reported pending legalization measure will involve a possession limit that may be as much as 50 grams per adult. The plant limit for home cultivation will likely end up being between 3-5 plants per adult household.

Gifting cannabis between adults will likely also be permitted according to the reported measure, with the legal age being set at 18 years old.

Cannabis Legalization Clears Another Political Hurdle In Colombia

Written by Hazel Norman on April 3, 2023. Posted in Policy.

Colombia has served as ground zero for the Drug War in many ways over the course of multiple decades, largely due to the nation’s cocaine production. It is obviously no secret that Colombia has served as the world’s top source of cocaine for many years, with the United States being a particularly popular destination for the illegal substance.

The Drug War in Colombia has made things harder for the nation’s emerging legal cannabis industry for various reasons, not the least of which is the stigma that comes with trying to legalize a historically banned substance in a nation like Colombia, even though cannabis is obviously not cocaine.

Fortunately, a group of lawmakers in Colombia seems to be set on passing an adult-use legalization measure, and the legalization effort in Colombia is overcoming political hurdles as a result. The latest one occurred a handful of days ago, as initially reported by Marijuana Moment:

A bill to legalize marijuana in Colombia cleared another key hurdle on its path to enactment on Tuesday, advancing through a Chamber of Representatives committee that brings it more than halfway through the legislative process.

The legislation, which the Chamber and Senate reconciled to be identical in December after previously clearing each full body in differing forms, needs to go through eight total stops in the Colombian Congress over two consecutive years. Tuesday’s 26-6 vote by the First Committee of the Chamber marks the fifth stop, sending it to the floor for consideration before returning to the Senate for final votes.

The results of a poll released in September, conducted by Jaime Arteaga y Asociados in Colombia, found that:

91% of survey participants that have used cannabis-based products would recommend it to other people
37% of survey participants have frequented a store where medical and/or cosmetic cannabis products are sold
63% of Colombians believe that ‘sales taxes on cannabis products would improve social investment’

The survey results provided a lot of insight into not only the level of support for Colombia’s emerging cannabis industry but also insight into consumer trends. For instance, the survey found that nearly half of the survey participants (46%) that reported consuming cannabis reported using it in topical form.

If/when Colombia legalizes cannabis for adult use, it’s likely that the types of cannabis products that people use will expand significantly as entrepreneurs work to supply the evolving demand.

West Australian Parliamentary Report Recommends Cannabis Reform

Written by Hazel Norman on April 2, 2023. Posted in Policy.

Australia is one of the many countries where medical cannabis is technically legal, although, it’s also one of the many countries home to a restrictive medical cannabis program, which is unfortunate for suffering patients that live in Australia.

To make matters worse, intoxicated driving laws in Australia are such that most medical cannabis patients cannot legally operate a motor vehicle when completely sober due to having THC in their system. A new parliamentary report is recommending an overhaul of such cannabis policies. Per ABC News:

A West Australian parliamentary report has recommended the elimination of barriers to accessing medicinal cannabis, including letting people with a prescription drive a car while the drug is in their system.

The Select Committee on Cannabis and Hemp has made 16 recommendations to the state government, ranging from changing drug driving laws to doubling the amount doctors are allowed to prescribe to patients.

Legalise Cannabis Party member and committee chair Brain Walker said change was overdue and that WA Premier Mark McGowan should take action.

What Australia really needs to do is to legalize cannabis for adult use and launch regulated national sales, which is the only way to truly ensure safe access to cannabis for all adults that need it. According to a poll conducted in May 2022, 55% of Australians support regulating cannabis like alcohol.

Australia‘s Parliamentary Budget Office released a report earlier this year which estimated that legalizing cannabis for adult use and launching national adult-use sales would generate A$28 billion in tax revenue in the first decade.

Ireland Labour Leader Calls For Legal Cannabis Sales At Festivals

Written by Hazel Norman on April 1, 2023. Posted in Policy.

Social cannabis use reform is in many ways the next frontier for activism efforts around the globe. In many jurisdictions cannabis possession, cultivation, and distribution laws still need to be fixed to be sure.

However, in a growing number of jurisdictions social use reform is either being explored as part of larger reform efforts, or in places where cannabis is already legal for at least possession and use, social use reform is being sought to improve current public policies.

One country that is in need of a massive cannabis policy overhaul is Ireland. Cannabis is currently illegal for adult use in Ireland, and the nation’s medical cannabis program is very limited in size and scope compared to medical programs found in many other countries.

At least one lawmaker in Ireland is calling for reform beyond simple legalization. If Labour leader Ivana Bacik has their way, cannabis will be legally bought and sold at festivals in addition to other reform components. Per the Irish Examiner:

The licenced sale of cannabis at Electric Picnic and other music festivals should be permitted as part of a “rational” approach to drugs, Labour party leader Ivana Bacik has said.

Calling for a “harm reduction based policy” on drugs, Ms Bacik has said politicians need to accept the reality that cannabis is now widely consumed as a recreational drug.

“There’s a clear momentum internationally to adopt a more rational harm reduction based policy on drugs.

At this juncture in time, it’s very unlikely that Ivana Bacik’s calls for social use reform will be adopted. After all, the nation is having a hard enough time just reforming cannabis laws in such a way that it keeps cannabis consumers and patients out of Ireland’s criminal justice system.

Yet, Ivana Bacik’s recent comments have sparked a conversation in Ireland about what a comprehensive cannabis public policy would involve. The main rallying cry of cannabis advocates in Europe right now is to improve public health outcomes via regulated sales, and sales at festivals and other events definitely seem to fit within that strategy.

hemp-cannabis-flower-plant-garden-outdoor hemp-cannabis-flower-plant-garden-outdoor

Agreement Reached In Spain For Future Regulation Of ‘Cannabis Light’

Written by Hazel Norman on March 26, 2023. Posted in Business, Policy.

Spain is home to one of the most unique approaches to cannabis policy out of any nation on the planet. The nation has one of the most robust and vibrant cannabis communities on earth, yet the cannabis public policies in Spain are very outdated.

Anyone with internet access and the ability to use a popular online search engine can see that private cannabis clubs are located throughout Spain, with huge clumps of them being located in Barcelona in particular. Unfortunately, Spain’s laws and regulations are such that all of those clubs operate in a legal grey area versus being licensed and outright accepted.

Cannabis advocates inside and outside of Spain were hopeful that the start of 2023 would see a cannabis regulatory measure finally reach the finish line and get the nation’s laws to match reality, however, that has yet to materialize.

What has materialized is an agreement in Spain’s Congress to, eventually, regulate low-THC cannabis. Low-THC cannabis is often referred to as ‘cannabis light’ and is very popular in many European nations. Perhaps someday Spain will join those nations in regulating such products. Per Europa Press (translated to English):

The PSOE has agreed on an initiative in Congress with Unidas Podemos, Esquerra (ERC) and Bildu that opens the door to a future regulation of non-psychoactive cannabis, that whose percentage of tetrahydrocannabinol (THC), the euphoric drug, is less than 1% .

Unidas Podemos and the two pro-independence allies of the Government presented an initiative this Wednesday in the Congressional Agriculture Commission demanding the regulation of the production and commercialization of this crop in order to offer legal certainty to producers and marketers.

It will be interesting to see if 1) this type of reform actually gets adopted in the near future, and 2) if it will have any meaningful impact on Spain’s cannabis industry. To be clear – providing this type of reform to the nation’s emerging cannabis industry is helpful, although, exactly how helpful it would be is open for debate.

What Spain really needs is a comprehensive cannabis policy and regulatory overhaul. Cannabis products containing all types of THC percentages, including concentrates that contain large amounts of THC, are being consumed every day in Spain. It’s a reality that lawmakers and regulators ignore at a cost to public health.

Consumers and patients in Spain deserve safe access to tested cannabis. Entrepreneurs in Spain deserve to operate in a business landscape that affords them every reasonable opportunity to supply the nation’s demand in a way that boosts public health and generates revenue for public coffers.

brazil flag brazil flag brazil flag brazil flag brazil flag brazil flag brazil flag brazil flag brazil flag brazil flag brazil flag brazil flag

Brazil Judge Allows NGO To Cultivate Medical Cannabis

Written by Hazel Norman on March 26, 2023. Posted in Policy.

The public policy avenue that most people are familiar with when it comes to legalization efforts is when lawmakers approve a reform measure in a particular jurisdiction. After all, people are elected or appointed to make laws, and legislative action is the most straightforward way to codify something into law.

However, there are other means by which public policy is changed, including public policies that pertain to cannabis. One such way is via a citizen initiative or referendum. Italy, for example, has this political process in which ordinary citizens can gather a certain number of signatures to force a vote on something.

Another avenue that many people don’t seem to always consider is the courts. Legal decisions handed down by courts also create laws, particularly when it’s a nation’s top court that has the final say and there are no further appeal options.

Brazil is a nation that seems to have quite a bit of cannabis policy being set by its courts, with a recent example of that coming via a case involving an NGO that wants to cultivate medical cannabis. Brazil’s industry is currently built around importing cannabis products, but thanks to a recent legal decision, that could be changing. Per excerpts from The Brazilian Report:

A federal judge in the northeastern state of Sergipe on Wednesday authorized an NGO to grow cannabis and manufacture medicinal products for its associates. Although similar authorizations have been granted in Brazil for producing cannabis oil, this is the first time such approval has included the plant’s flowers, extracts, and edible products.

Lawyer Paulo Henrique Thiessen, who represents the NGO Salvar, celbrated the decions as “wonderful news.”

Cannabis reform is sweeping the globe, particularly in South America. The continent is famously home to the world’s first legalized nation, Uruguay, which passed an adult-use legalization measure back in 2013.

Several South American countries have reformed their medical cannabis policies in recent years, with Brazil, the continent’s largest country, being much slower to pass and implement meaningful medical cannabis reform measures compared to its continental peers. Hopefully this recent legal decision will inspire lawmakers and regulators in Brazil to pick up the pace.