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Author: Johnny Green

Germany’s New Per Se Cannabis Driving Law Is The Wrong Approach

One of the most serious topics in cannabis policy modernization discussions is how to mitigate the dangers of people driving under the influence of cannabis. If there is one thing that cannabis opponents and responsible cannabis advocates agree on, it is that no one should operate a motor vehicle on a public roadway when they are intoxicated.

Yet, whereas opponents and supporters can agree on that basic premise, the two sides diverge when it comes to how cannabis DUI enforcement should be handled. In every jurisdiction that has modernized its cannabis policies to permit adult use, cannabis opponents have pushed for enforcement practices that are not backed by science.

Germany is the latest jurisdiction to experience this scenario. Lawmakers in Germany adopted a per se cannabis DUI law this week, and drivers in Germany will now be subjected to a 3.5 ng/mL THC limit.

“The amendment to the Road Traffic Act is intended to introduce a THC (tetrahydrocannabinol) limit in road traffic and a ban on alcohol for cannabis users.” The Bundestag stated on its website.

“According to the new regulation, the limit will be 3.5 nanograms per milliliter in the future. If the limit is exceeded for the first time, there is a risk of a fine of 500 euros and a one-month driving ban.” the Bundestag also stated about the recently adopted measure.

Per se THC DUI limits are a knee-jerk public policy reaction by cannabis opponents. Opponents spend a considerable amount of time falsely hyping up imaginary ‘terror on the roadways’ doomsday scenarios leading up to legalization, including in Germany, and per se THC limits are their ‘solution’ to the imaginary problem that they themselves established using false pretenses.

Unfortunately, per se THC limits often resonate with many members of society due to per se alcohol limits being common, including in Europe. Per se blood alcohol limits in Europe range from zero tolerance in places like Hungary and the Czech Republic to .08 in the United Kingdom. The United States also has a national .08 limit, although state-level limits can vary in some circumstances.

While per se limits for blood alcohol levels are based on sound science, the same is not true for cannabis due to a multitude of factors, not the least of which is how the human body metabolizes THC. The human body does not metabolize alcohol and THC in the same manner.

According to a 2021 analysis conducted in Australia, cannabis impairment can last “between three and 10 hours” when consumption involves “moderate to high doses of the intoxicating component of cannabis, tetrahydrocannabinol (THC).” The analysis involved data from over 80 different studies spanning a period of over 20 years.

THC impairment may only last 3 to 10 hours, but metabolized THC can stay in a person’s system for as long as 100 days, well beyond the window of impairment. Depending on how much THC the user consumed and their metabolism rate, the consumer could easily have more than 3.5 ng/mL of THC in their system for weeks or months into the future.  Those consumers will not be impaired at all, and yet still run afoul of Germany’s new cannabis law.

The 3.5 ng/mL threshold in Germany is completely arbitrary, as there is no sound science demonstrating that such a limit automatically equates to impairment. In fact, a study conducted in Canada in 2019 found “no evidence of increased crash risk in drivers with Δ-9-tetrahydrocannabinol < 5 ng/ml and a statistically non-significant increased risk of crash responsibility (odds ratio = 1.74) in drivers with Δ-9-tetrahydrocannabinol ≥ 5 ng/ml.”

Another study conducted in Canada (2024) involving simulated driving data found that the presence of THC in blood is not predictive of detriments in psychomotor performance. The findings are in line with a separate government-funded study in the U.S. that also found that “there was no correlation between THC (and related metabolites/cannabinoids) in blood, OF [oral fluid], or breath and driving performance.”

“The complete lack of a relationship between the concentration of the centrally active component of cannabis in blood, OF, and breath is strong evidence against the use of per se laws for cannabis.” the researchers stated about the government-funded study. Researchers at Yale University also arrived at the same conclusions in a study in 2021.

Germany’s 3.5 ng/mL threshold will likely put a massive burden on the nation’s court system, with countless drivers being falsely accused of operating a motor vehicle while intoxicated. Offenders will have an affirmative defense and will be able to point out that just because they had THC in their system did not automatically mean that they were impaired at the time in question.

Cases involving those set of circumstances will presumably be disaffirmed, but only after a considerable amount of time and money was wasted for both the accused and the courts.

The cannabis plant is complex and how it interacts with human biology is dynamic. There is no one-size-fits-all approach to cannabis impairment as it pertains to operating motor vehicles on public roadways. Germany would be far wiser to implement a comprehensive approach to determining impairment, including the incorporation of various field sobriety tests.

They are less intrusive and are more effective at spotting actual impairment. Field sobriety tests, combined with public awareness campaigns educating consumers about the dangers of driving while impaired and the benefits of pursuing public transit options, are a much better strategy than per se limits.

Until Germany implements more sensible cannabis DUI laws, consumers in Germany are encouraged to take public transit as much as possible.

Italy’s Push To Ban Hemp Flower Products Is Bad For Public Health Strategies

Cannabis products that are low in THC content, often referred to as ‘cannabis light,’ are very popular throughout Europe. Cannabis light products are derived from the flowers of hemp plants and come in many forms, with CBD products being the most commonly found in the European marketplace.

One country in Europe where cannabis light products are particularly popular is Italy where the nation’s government is pushing for a national ban on such products. Italy’s Ministry of Health tried classifying CBD as a narcotic in October 2020, just to reverse the policy change days after enacting it.

Then, in early 2022, language in a 2018 decree was updated to classify hemp as strictly a medicinal plant, however, cannabis associations sued and the language in the decree was annulled roughly a year after it was adopted. The latest push to ban hemp flowers in Italy is largely led by the country’s Prime Minister. Per Hemp Today:

The Italian government of Prime Minister Giorgia Meloni has taken aim at industrial hemp in legislation that would wipe out CBD and all other products derived from the plant’s flowers.

The proposal would ban hemp flowers from “import, processing, possession, transfer, distribution, trade, transport, dispatch, delivery, sale to the public and for consumption, even in semi-finished, dried or shredded form,” according to language in a draft amendment to country’s controversial Security Bill.

Cannabis is currently legal in Europe for adult use in Malta, Luxembourg, and Germany. All three nations have accepted the reality that people will consume cannabis whether it’s legal to do so or not, and that it is obviously better for adults to consume regulated products instead of unregulated products.

Regulated cannabis products are tested to make sure that they are safe for human consumption, and the same is not true for unregulated cannabis products. Humans consuming unregulated cannabis products, including hemp flowers and products derived from them, is not as good for public health outcomes compared to humans consuming regulated products.

Italy would be wise to reverse course and refrain from its push to ban hemp-derived products. In addition to bans on hemp products being illogical, it likely also violates European law. Hemp businesses have already indicated that they will pursue legal remedies if the ban is enacted.

Leaders in Italy’s hemp industry estimate that the nation is currently home to over 3,000 businesses that employ over 15,000 people.

Cannabis Clones And Seeds Are Already Becoming A Huge Industry In Germany

Germany made history on April 1st, 2024 when it became the largest nation to implement provisions of a national adult-use legalization measure. Starting in April, adults in Germany can legally cultivate, possess, and consume cannabis. Social cannabis clubs are set to launch in July, and regional adult-use cannabis commerce pilot trials are expected to launch by the end of the year.

Personal cannabis cultivation is already proving to be very popular with adult consumers in Germany, as reflected by a recent YouGov poll which found that 7% of poll participants indicated that they had already purchased cannabis clones or seeds since legalization took effect.

Commercial sales of cannabis clones and seeds were legalized in Germany as part of the nation’s new cannabis law (CanG). In addition to the 7% of poll participants indicating that they had already purchased cannabis clones or seeds, another 11% of poll participants responded that they plan to purchase cannabis clones or seeds in the future.

When the results are filtered by age, 14% of poll participants aged 18-34 indicated that they had already purchased cannabis clones or seeds. Only 2% of German adults over 55 who participated in the YouGov poll indicated that they had already purchased cannabis clones or seeds.

german cannabis clones seeds purchases

The YouGov poll, which surveyed 3,375 German adults, was conducted on May 13th, 2024. When social cannabis clubs launch in Germany in July, they are expected to be a primary source of cannabis clones and seeds for aspiring German cannabis cultivators, and that will increase access to cannabis genetics.

YouGov’s poll results provide insight into how big the cannabis clones and seeds sector may currently be in Germany, and with it the larger personal cultivation sector. Germany is home to an estimated 70 million adults and if the results of the YouGov poll are indicative of the larger adult German population, that works out to a massive personal cultivation market base.

Cannabis cultivation, even on a small personal scale, requires more than just clones or seeds. Growers need grow mediums for their clones or seeds, nutrients to feed their plants, indoor lighting, environmental control equipment, and/or harvesting and drying equipment too. Many aspiring cultivators also need instructional materials such as books or other educational literature. All of those subsectors create opportunities for entrepreneurs and innovators.

Personal cannabis cultivation is already big business in Germany, and the sector will presumably only get bigger as time goes along. Domestic commercial medical cannabis production is also set to experience tremendous growth in Germany, with historical medical cannabis domestic production quotas being removed as part of the new CanG law.

The rise of personal recreational cultivation and increased domestic commercial medical cannabis production is going to transform Germany’s cannabis industry going forward. In 2023 Germany imported a record 34.6 tons of medical cannabis products from other countries, and clearly, that is going to change.

Major Shift: German Hemp ‘Intoxication Clause’ Expected To End Soon

Cannabis products that contain high percentages of THC generate a lot of headlines in Germany these days, and rightfully so. Germany recently legalized the cultivation, possession, and consumption of high-THC flower by adults, and the nation’s medical cannabis industry continues to thrive as well.

However, Germany’s domestic hemp industry is making strides too, with consumer demand for hemp-derived products trending upward. Some consumers in Germany prefer CBD products with little to no amounts of THC, as well as products derived from hemp containing ‘alternative cannabinoids’ such as delta-8 THC.

Leadership in Germany recently announced that enforcement authority for the “authorization and monitoring of the use of cannabis for scientific purposes” will be vested in the Federal Agency for Food and Agriculture. Cem Özdemir, the current Federal Minister of Food and Agriculture, has indicated that a major hurdle facing Germany’s emerging hemp industry could be going away soon.

“Cem Özdemir, Federal Minister of Food and Agriculture, announced the abolition of the so-called “intoxication clause” at yesterday’s Parliamentary Evening of the Cannabis Industry. This special German rule means that even very low levels of THC in industrial hemp can lead to criminal liability, raids and plant closures.” stated the Cannabis Industry Association (BvCW) in its initial coverage (translated from German to English).

“In conjunction with other bureaucratic hurdles, this has hindered the use and processing of industrial hemp in Germany. This unnecessary competitive disadvantage is now finally being abolished. The cannabis industry association has campaigned intensively for this in recent years.” the Cannabis Industry Association (BvCW) also stated.

“Imagine if dealers and producers of non-alcoholic beer were subjected to raids and punished because they could distill a schnapps from the remaining alcohol. In practice, such a complex extraction does not take place with industrial hemp,” said BvCW managing director Jürgen Neumeyer. “This senseless noise clause has increasingly led to economic damage and bankruptcies in recent years. The abolition is urgently needed and we are therefore very pleased! This is an important step towards re-establishing the German industrial hemp industry. We look forward to a draft from the BMEL and will continue to support the parliamentary process constructively.”

Soon, Germany will launch social cannabis clubs and adult-use cannabis commerce pilot trials. Adult consumers will be able to become members of a social club and/or join a local pilot trial and legally source cannabis products that contain THC.

As previously mentioned, adults in Germany can already cultivate high-THC cannabis in their homes as of April 1st, 2024. Punishing people for cultivating or consuming hemp-derived products is more ridiculous than ever.

Cannabis advocates have long pushed for this type of reform, including in the lead-up to the passage of the new CanG bill. Unfortunately, opponents were able to maintain the status quo under the premise that consumers could make intoxicating products out of hemp.

“If access to THC-containing flowers is to be made possible through clubs and home cultivation anyway, why should anyone go to the trouble of extracting low doses of THC from CBD flowers for several hours in their own home workshop?” Krautinvest.de pointed out in its initial reporting.

“Speaking at the International Cannabis Business Conference Berlin last year, industry veteran and President of EIHA Daniel Kruse said: “I would simply cancel this clause. All stakeholders will advocate for its abolition.” Business of Cannabis stated in its initial reporting.

“The debate about the ‘misuse of hemp’ needs to be brought to an end. Hemp has huge potential if the clause is abolished. Industrial hemp would lead to more sales than medical and recreational put together in Germany.” Daniel Kruse also stated at the International Cannabis Business Conference in Berlin according to Business of Cannabis.

In addition to causing headaches in Germany, the lack of comprehensive hemp and CBD industry reform has also caused similar issues throughout Europe. The European CBD and hemp-derived consumables industries are here to stay, and governments at all levels would be wise to work toward harmonizing related laws, rules, and regulations.

Cannabis Referendums In Slovenia Deserve A Serious Discussion

Slovenia’s voters will decide on two consulting referendum measures on June 9th pertaining to cannabis policy modernization proposals. The referendum questions were approved for voter referral by Slovenia’s National Assembly in April. Neither measure is binding, however, successful votes for either will help further build upon increasing momentum for Slovenian cannabis reform.

One of the consulting referendum measures involves modernizing Slovenia’s medical cannabis policies. Limited medical cannabis commerce and use are already permitted in Slovenia, however, domestic production is not. Patient advocates are seeking to expand the nation’s medical cannabis program to boost domestic production and safe access, increase product variety selection, improve research policies, and expand the list of Slovenia’s qualifying conditions.

The second consulting referendum measure asks voters about the “cultivation and possession of cannabis for limited personal use” by adults. Personal cultivation, possession, and use by adults are already legal in Malta, Luxembourg, and Germany. Courts in other European countries have also issued rulings that provide similar personal cannabis consumer protections.

Cannabis policy modernization proposals in Slovenia are important topics worthy of constructive public policy conversations. Unfortunately, cannabis opponents in Slovenia seem to prefer using delay tactics and spreading incomplete/misleading information.

An example can be found in a recent article published by Slovenia’s National Institute of Public Health in which the entity expresses opposition to cannabis use and reform in general, but does not specifically call out the upcoming referendum votes. Still, the aim of the article is glaringly obvious.

The Institute’s opposition article largely relies on anti-cannabis talking points that have been recycled for decades and completely disregards very important facts and realities, which makes the Institute’s position come across as disingenuous and unauthentic. The article clearly comes across as more of a political document than it does serving as an objective analysis.

The authors of the article begin by oversimplifying the state of Slovenia’s medical cannabis program and disregarding the ineffectiveness of current medical cannabis policies in Slovenia. The article’s authors are presumably mischaracterizing Slovenia’s current medical cannabis policies to distract and/or confuse the nation’s voters, which is a common cannabis opponent tactic deployed all over the globe.

Yes, technically Slovenia currently permits limited medical cannabis use. However, domestic medical cannabis production is currently limited at best in Slovenia, successfully obtaining effective and regulated medical cannabis products is hard for many patients, and a vast majority of the nation’s suffering citizens do not qualify for legal medical cannabis access under the current policies.

Medical cannabis advocates in Slovenia are seeking to implement medical cannabis policies, rules, and regulations similar to what is already in place in many other parts of the European Union. If other EU member nations can successfully expand their domestic medical cannabis programs without significant issues, so can Slovenia.

The Institute’s article places a heavy emphasis on the harms of adolescent use despite the fact that neither of the referendum measures proposes any changes to Slovenia’s cannabis policies that pertain to adolescent use or furnishing cannabis to minors. The ‘what about the children’ talking point is as old as cannabis prohibition itself, and is nothing more than a scare tactic.

Malta, Luxembourg, and Germany now permit adults to cultivate, possess, and consume cannabis in addition to legalized medical use, and there are no reported major issues in those nations pertaining to youth consumption due to the adult-use policy changes.

The same is true for other scare tactic talking points that the Institute incorporated in its article, such as “passive cannabis use” (public use around others) and driving under the influence. Neither referendum measure proposes changes to Slovenia’s public cannabis use or driving under the influence laws. Both would remain prohibited.

A major macro-level reality that the Institute completely disregards in its positions is that there is no proof that cannabis prohibition lowers cannabis consumption rates. Adults are consuming cannabis in Slovenia every day, just as they have done for many years. The Institute would be well served to acknowledge that reality and advocate for regulation and education instead of continuing to metaphorically stick their heads in the sand and pretend that prohibition works.

Leaders in Malta, Luxembourg, and Germany have taken the position that it is better for public health outcomes when cannabis consumers use home-grown and/or regulated cannabis products versus consuming cannabis products that are sourced from criminal enterprises. Leaders in those nations have also taken the position that it is better to stop wasting precious public resources to enforce failed prohibition policies and instead use those same resources to boost fact-based education and other public programs.

It’s unfortunate that in 2024 cannabis opponents would still rather spread incomplete/misinformation to try to maintain the failed status quo rather than have a constructive public conversation about a more sensible, modern approach to cannabis policies.

With that being said, it is up to cannabis advocates in Slovenia to educate themselves about the true facts regarding cannabis, to tell everyone that they know that the consulting referendum votes will be held on June 9th, and inform them about the objective benefits of modernizing Slovenia’s cannabis policies.

Slovenia does not need to reinvent the wheel. Rather, the Central European nation needs to look to some of its continental peers for policy measures that are already succeeding, such as the policies found in Malta, Luxembourg, and Germany. Cannabis opponents in Slovenia largely benefitted for many years from a lack of successful examples from other EU nations. Those days are now gone, and just as modernized cannabis policies are succeeding in other parts of the EU, the same will prove to be true in Slovenia once lawmakers get the country on the right side of history.

Attend Cannabis Europa 2024 In London In June

The emerging legal cannabis industry in Europe continues to experience exponential growth as more nations modernize their cannabis policies and regulations. Germany recently enacted the first provisions of its adult-use legalization measure and more European countries are expected to do the same in the coming years.

In addition to adult-use reform, the legal medical cannabis industry is also continuing to expand across the European continent. The rise of adult-use legalization will obviously impact Europe’s medical cannabis industry to some extent, however, much is still unclear regarding how both sectors of the industry will operate alongside each other in the future.

The remaining years of this decade in Europe will be pivotal for the emerging legal cannabis industry. Now is the time for entrepreneurs and investors to work to gain a meaningful footprint in Europe’s cannabis space.

Industry policies, rules, regulations, and other framework components that are being created and implemented during this crucial period will largely determine what the future of Europe’s cannabis industry looks like for decades to follow.

That is why it is so important for cannabis entrepreneurs, policymakers, and other leaders to network and learn from each other as much as they can right now. A great opportunity to do exactly that is coming to London on June 25-26, 2024, when Cannabis Europa’s flagship event comes back to London.

“We are ultimately trying to change society by bringing about acceptance and accessibility to cannabis in Europe,” stated Stephen Murphy, Co-Founder and CEO of Prohibition Partners at last year’s Cannabis Europa event. It’s a mission that remains true for this year’s event as well.

The venue for the event, the Barbican Centre, is a return to Cannabis Europa’s roots, with the location previously serving as the venue for the first-ever Cannabis Europa conference back in 2018 and the 2023 installment of the conference. The event’s two-day agenda will cover a range of topics. Below is a sampling of the event’s speakers:

  • Boris Jordan – Executive Chairman, Curaleaf
  • Pat Cash – Former Wimbledon Champion
  • Adonis Georgiadis – Minister of Health, Hellenic Republic (Greece)
  • Paul Depla – Mayor of Breda
  • Nikos Beis – CEO & Vice President of the Board, Tikun Olam Europe
  • Katrina Ffrench – Founder & Director, Unjust C.I.C.
  • Dr. Dylan Said – Senior Head, Malta Medicines Authority

Join 1,500+ influential leaders from thriving cannabis companies, investors actively deploying capital into the market, plus key politicians — the crucial combination needed to drive the European cannabis industry and your business forward.

The event will once again be holding a boutique industry expo, showcasing more than 50 leading businesses as the cream of the European cannabis crop, acting as a jumping off point for growing your business in Europe and beyond.

You can find more information about Cannabis Europa, including how to register for the event, at: www.cannabis-europa.com.

Second Pillar Of German Cannabis Legalization Inches Forward

When lawmakers in Germany agreed to legalize cannabis for adult use they planned on rolling out German legalization in two phases, or ‘pillars.’ The first pillar involved legalizing the cultivation, possession, and consumption of cannabis by adults along with permitting noncommercial cannabis clubs.

The second pillar will involve launching regional adult-use cannabis commerce pilot trials, and according to domestic reporting in Germany, the regulatory body that will oversee the pilot trials was recently identified in a circulated proposal.

A draft regulation is being circulated in German cannabis association circles, and the ministry led by Cem Özdemir (Greens) is proposing that the enforcement authority for the “authorization and monitoring of the use of cannabis for scientific purposes” be vested in the Federal Agency for Agriculture and Food.

“We are hopeful that a practical way will be created to legally sell cannabis products in Germany – at least in some scientific projects,” stated Jürgen Neumeyer from the Cannabis Industry Association according to initial reporting by Spiegel.

“There is great interest among our members,” Neumeyer also stated, “without an opportunity to sell cannabis directly to consumers, we will not be able to push back the black market.”

Whereas the European Union prohibits nationwide recreational cannabis sales, regional adult-use cannabis commerce pilot trials are permitted by the European Union because they are focused on research. Such pilot trials are already underway in Switzerland and the Netherlands, although they are more limited in size and scope compared to what is expected in Germany.

Germany’s regional adult-use cannabis pilot programs cannot launch until rules and regulations are in place, and that cannot happen without a regulatory entity overseeing the nation’s cannabis pilot programs. With that in mind, the proposal for the Federal Agency for Agriculture and Food to be that entity is a significant milestone for Germany’s continued legalization implementation effort.

Cannabis supporters in Germany’s government appear to be pursuing the regulatory route through the Federal Agency for Agriculture and Food rather than pursuing a separate piece of legislation to launch pilot programs. Government officials seem convinced that the agency’s regulatory authority is already established, and that going this route will expedite the launch of pilot trials in Germany.

Meanwhile, the first reading of a ‘readjustment’ measure will occur in the Bundestag this week, with the reading set to occur on Thursday, May 16th, 9:10 p.m.

“Just a few weeks after the adoption of the consumer cannabis law, the coalition factions of the SPD, Alliance 90/The Greens and FDP want to readjust the regulation. The draft law “to amend the Consumer Cannabis Act and the Medical Cannabis Act” is to be discussed in the first reading on Thursday, May 16, 2024 and, after a 30-minute debate, will be referred to the lead health committee for further discussion.” states an announcement on the Bundestag website.

“The coalition factions’ bill “to amend the Road Traffic Act and other road traffic regulations”, which is not yet available but is also up for discussion and is intended to set a cannabis limit in road traffic, should be referred to the Transport Committee.” the Bundestag announcement also states. The announcement also lists the following:

Amendment to the Consumer Cannabis Act
The background to the readjustment is the protocol statement that the federal government made on the Cannabis Act at the meeting of the Federal Council on March 22, 2024. It is said that the changes should take into account the concerns and wishes of the countries. The evaluation provided for in the Consumer Cannabis Act is to be expanded and the control of cultivation associations by the states is to be made more flexible.

In addition, the states should be given room for maneuver when dealing with large-scale cultivation areas. In addition, the Federal Center for Health Education is planning to develop a further training program for addiction prevention specialists in the states and municipalities.

Amendment to the Road Traffic Act
The amendment to the Road Traffic Act is intended to introduce a THC limit (tetrahydrocannabinol) in road traffic and a ban on alcohol for cannabis users.

According to the new regulations, the limit value should in future be 3.5 nanograms per milliliter. If you exceed the limit for the first time, you risk a fine of 500 euros and a one-month driving ban. (hau/04/29/2024)

Noncommercial cannabis clubs, which are part of the first pillar of Germany’s new cannabis law, are still expected to launch in July of this year. A year ago, proposed regulations pertaining to German cannabis clubs were leaked, and included the following:

  • All club properties where cannabis is cultivated and/or stored have to be tightly secured
  • Every club has to have a ‘trained addiction and prevention officer’
  • Must comply with residue limits for pesticides and fertilizers
  • Must track cannabis from seed
  • Annual reporting of crop amounts, including cannabinoid percentage (THC and CBD)
  • Club members only
  • 50 grams per month limit for over 21 years old
  • 30 grams per month limit for 18-20 years old
  • THC percentage cap for 18-20 years old (ten percent THC)
  • Neutral packaging
  • Labeled with specific harvest information

In addition to club provisions, items pertaining to individual use were also reportedly included in the previously leaked draft. Consumption would be prohibited “within a radius of 250 meters from schools, daycare centers, playgrounds, youth facilities or sports facilities” according to the leaked draft regulations. Also, consumption “should also not be permitted in pedestrian zones between 7 a.m. and 8 p.m.”

Recapping The Historic 2024 International Cannabis Business Conference In Berlin

Thousands of leading international cannabis investors, entrepreneurs, inventors, policymakers, regulators, and industry service providers descended upon Berlin, Germany for the annual International Cannabis Business Conference on April 16th-17th, 2024. This year’s two-day International Cannabis Business Conference in Berlin took place at the iconic Estrel Berlin Hotel and was the first major cannabis event to occur after Germany’s new adult-use legalization law took effect.

Germany’s recent adoption of its CanG law loomed large over the event, and rightfully so. Germany became the largest country to ever adopt a national adult-use cannabis legalization measure on April 1st, 2024, and the significance of the policy change cannot be overstated. Germany has ushered in a new era for cannabis policy on the European continent, and the International Cannabis Business Conference continues to be at the heart of it all.

Georg Wurth, leader of the German Hemp Association (DHV), kicked off the two-day conference by providing background information about Germany’s history with cannabis policy, how the cannabis movement arrived at where it is currently, and what people can expect in Germany going forward. Wurth also explained what components are involved in Germany’s legalization model, and what advocates can do to help ensure that Germany has the best cannabis policies possible.

Yoko Miyashita, CEO of Leafly, also provided a keynote address at the event. Miyashita shared observations from Leafly’s 13-year history of tracking and operating in jurisdictions that have modernized their cannabis policies to permit adult use. Yoko Miyashita also discussed what lessons other nations can learn from North America’s legalization journey.

Internationally renowned cannabis expert Peter Homberg, a partner at leading business law firm Dentons, provided an update regarding current cannabis policy modernization efforts underway in European Union member nations. Homberg examined major economic developments in Europe’s emerging legal cannabis industry and provided prognostic outlooks on significant legal trends arising from the continent’s cannabis movement.

Rounding out the rest of the Day 1 curriculum for the event was a series of panel discussions on important topics within the emerging global cannabis industry. Videos of each panel discussion from the Berlin event, as well as videos for past International Cannabis Business Conference events, can be viewed on the International Cannabis Business Conference’s YouTube channel.

In addition to the event’s curriculum, the International Cannabis Business Conference in Berlin featured an exhibition floor where cannabis companies displayed their products and services. The event’s expo floor facilitated a significant amount of industry networking. Against the historical backdrop of legalization in Germany, the excitement level on the expo floor was considerable throughout the two-day event.

No International Cannabis Business Conference event in Berlin would be complete without an after-party, and this year’s conference in Berlin was no exception. The after-party for the International Cannabis Business Conference in Berlin was headlined by Reggae pioneer Rocker-T. It made for the perfect evening for conference participants after a day full of learning and networking.

Day 2 of the conference kicked off with a keynote address by Barinder S. Bhullar, Senior Vice President of Brains Bioceutical Corp. Bhullar discussed advancing the cannabinoid scientific landscape and the challenges and rewards involved. Bhullar provided strategies and necessary considerations to help minimize risk for sound investment decision-making.

A series of expert panel discussions followed throughout Day 2, with topics ranging from regulations and pharmaceuticals to technological advancements, cultivation, and emerging markets. Videos of each panel discussion from day 2 of the Berlin event can be viewed on the International Cannabis Business Conference’s YouTube channel.

The next International Cannabis Business Conference event will be held in Bled, Slovenia on September 13th, 2024 and anyone interested in emerging cannabis science and technology is encouraged to attend. The next International Cannabis Business Conference event in Berlin will be held on April 29th-30th, 2025. Tickets go on sale starting May 22nd, 2024.

Will Cannabis Rescheduling In The U.S. Impact The International Cannabis Industry?

News broke yesterday in the United States regarding the cannabis plant’s status at the federal level. After decades of outright cannabis prohibition at the national level in the U.S., the DEA agreed to reschedule cannabis from its current Schedule I status to Schedule III.

Arguably the most significant domestic impact that should arise out of the rescheduling if/when it is implemented is the end of the 280E issue that most cannabis companies face in the United States. A provision of U.S. tax law (280E) prohibits businesses from leveraging many basic tax write-offs if a Schedule I substance is part of their business.

U.S. businesses that ‘touch the plant,’ such as cannabis cultivators and cannabis retailers, pay significantly more in federal taxes every year compared to other agricultural and retail businesses because of 280E. For U.S. businesses that are subjected to 280E, rescheduling to Schedule III may be like winning a lottery. Researchers estimate that ending 280E for the United States cannabis industry would lower the industry’s federal tax burden by over $2 billion per year.

“Today, the Attorney General circulated a proposal to reclassify marijuana from Schedule I to Schedule III,” Justice Department Director of Public Affairs Xochitl Hinojosa said in a statement to Marijuana Moment on Tuesday evening. “Once published by the Federal Register, it will initiate a formal rulemaking process as prescribed by Congress in the Controlled Substances Act.”

“Facilitating research and reducing burdens on medical cannabis patients, providers, and the businesses that serve them” are other benefits of the proposed policy change according to the Marijuana Policy Project.

Cannabis advocates in the United States were hopeful that cannabis would be de-scheduled completely, removing all federal criminal penalties for cannabis and leaving the issue largely up to individual states. A move to Schedule III would still keep state-level businesses in the U.S. in conflict with federal policy, and federal criminal penalties for cannabis activity would remain in place.

The emerging international cannabis industry will be a big winner if/when the United States reschedules cannabis, albeit perhaps not in direct ways. Rescheduling in the United States does not replace international agreements that prohibit certain forms of cannabis commerce, including the same type of commerce that is occurring in much of the U.S. However, the butterfly effect of U.S. rescheduling could be substantial.

First and foremost, the symbolism of the United States updating its federal cannabis policy for the first time in over 50 years is significant. The United States once led the charge at the global level to prohibit cannabis in the first place, with many nations adopting parts of the United States’ harmful policies decades ago. The U.S. rescheduling to Schedule III will never right all of the wrongs of prohibition, but it does send a very loud message to the entire world that prohibition is a failed public policy, that it is a new era, and that it’s time for a more sensible approach.

The United States is obviously an important player in the world banking system, and as the cannabis industry continues to go global, entities will need proper access to that system. Jamaica’s Trade Minister previously indicated that his nation’s medical cannabis export industry was experiencing “major roadblocks” when trying to gain access to banking, pointing to federal policy in the United States as contributing to the issues. Perhaps financial institutions will be less hesitant to work with cannabis companies once the U.S. reschedules cannabis. Only time will tell.

Cannabis stocks in North America could be in for a wild ride in the coming years, particularly in the case of Canada. The entire landscape for Canadian and U.S. stocks could be overhauled because U.S. cannabis companies that ‘touch the plant’ are currently prevented from being listed in major U.S. exchanges due to cannabis’ Schedule I status.

Additionally, since cannabis is legal at the national level in Canada, Canadian companies are allowed to be listed on major U.S. exchanges, and many of them also have footprints in other countries. Will a North American stock listing shuffle occur due to rescheduling? A lot of things are still murky, but it’s definitely something to keep an eye on, as a tectonic shift could be coming in the not-so-distant future.

United States cannabis companies may still be hindered in many ways if/when cannabis is rescheduled to Schedule III. However, if 280E goes away, and if more U.S. cannabis companies can be listed on major exchanges, some U.S.-based companies will presumably turn their eyes toward the emerging international cannabis industry and develop plans for expansion. For years Canada has held a clear advantage over the United States and other countries on the global stage, but that could be changing to some degree with so much more money flowing through the U.S. industry.

An undeniable winner for everyone across the planet is a looming boost in cannabis research in the United States. Cannabis research in the United States was always hindered by the Schedule I status, presumably by design. A move to Schedule III would remove some of the hurdles that researchers and scientists have historically come up against. Research that is conducted anywhere on Earth, including in the United States, benefits people everywhere by increasing our collective understanding of the cannabis plant and how it can be best utilized by humans.