Author: Johnny Green

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Brittney Griner Is Finally Free

Written by Johnny Green on December 11, 2022. Posted in Entertainment, Policy.

International basketball superstar Brittney Griner is finally free and officially home in the United States after a ten month long saga in Russia. Back in February Brittney Griner, who plays basketball professionally in the United States and Russia, was arrested at a Moscow airport for allegedly possessing a personal amount of cannabis oil in one or more vape pen cartridges.

While Griner eventually pled guilty to the allegations, it’s still unclear if she was ever actually in possession of anything. Many legal observers have pointed out that 99% of criminal cases in Russia end in a conviction, and that by pleading guilty to the allegations it allowed negotiations between the United States (where Griner is a citizen) to formally begin.

Had Griner pled ‘not guilty,’ the case could have drug on forever and prevented any real chance of her seeing her home country ever again. With that in mind, an admission of guilt could have been a procedural strategy that was recommended to Griner by her legal counsel versus serving as actual proof that she was truly guilty of what she was accused of.

Regardless, even if Griner was actually in possession of one or more vape pen cartridges, her receiving even one day in jail would have been an inhumane injustice, let alone the ten years of hard labor in a Russian prison that she was originally sentenced to, or the ten months of incarceration that she ultimately served.

Thankfully, Griner is now home with her family and friends and can start the process of trying to regain her life, although I think it’s a safe assumption that there will be lingering trauma that she will have to deal with forever. I will obviously never know what Griner went through, but she has my utmost sympathy for many, many reasons.

Griner may be free from the Russian criminal ‘justice’ system now, however, she is certainly not free from stigma, as is clearly on display on social media right now. The announcement of the deal being completed to secure her release instantly yielded a robust debate about a number of things, including and especially domestic cannabis policy at the federal level in the United States.

Before I touch on the U.S. cannabis policy component of the debate that is currently raging online, I will point out that two popular talking points on this matter do not carry any water with me. The first is that, ‘Griner violated the law, so she got what she deserved.’ I will never, ever understand how someone can root for cannabis prohibition and the harms it causes to a person.

Cannabis prohibition is wrong, and subjecting people to it is unjust. That is true whether it’s in Russia or anywhere else. What happened to Griner is not a testament to her doing something wrong – it is a testament to how harmful Russia’s cannabis policies are.

The second talking point is something along the lines of, ‘Why not this person or that person? Why only a famous athlete?’ As I understand it based on extensive reporting, there was only one deal on the table to consider, and it was Brittney Griner for the Russian arms dealer that she was traded for. Unfortunately, there was no other offer at all for anyone else, and that renders this talking point completely moot, even though the talking point remains popular on social media.

A valid component of the debate is that domestic cannabis policy in the United States at the federal level is terrible. Just as Griner should not have been incarcerated for cannabis in Russia, so too should no one be incarcerated in the United States for cannabis-only offenses.

Brittney Griner’s return home is absolutely worthy of celebration, just as continuing to work to end the plight of cannabis prisoners within the U.S. is absolutely worthy of every ounce of effort that people can provide. The two are not mutually exclusive.

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Higher THC Percentages Are Finally Coming To Pharmacies In Uruguay

Written by Johnny Green on December 11, 2022. Posted in Policy.

One of my biggest cannabis public policy pet peeves is when governments institute THC percentage caps on products, primarily due to the negative impact it has on the suffering patients that desperately need cannabis products containing higher amounts of THC. I extend my distain for THC percentage caps to the adult-use industry because whether people realize it or not, many suffering patients obtain their medicine via the adult-use industry when possible, including in Uruguay where low-THC percentage limits have been in place jn pharmacies since legal sales began in 2017.

Uruguay first passed a national adult-use legalization measure back in 2013, making it the first country on the planet to do so since the dawn of prohibition. The historic legalization measure provided for various ways for consumers to obtain cannabis, including private clubs and home cultivation. It also provided for eventual legal sales through pharmacies for two varieties of cannabis flower, “alpha” and “beta” flower. Both options have a THC level of less than or equal to 9% and a CBD level of greater than or equal to 3%. Thankfully, a third option is on the way, and the cannabinoid limits are much more favorable.

“Gamma” Cannabis Flower

Juan Ignacio Tastás, the executive director of the Institute for the Regulation and Control of Cannabis (Ircca), announced recently that Uruguay is set to launch a third variety of cannabis to be sold through pharmacies. The new variety is called “gamma” and will contain a THC percentage that is less than or equal to 15%, and a CBD percentage that is less than or equal to 1%. The new option is expected to be available to consumers in Uruguay starting around December 20th.

To put things into perspective, cannabis flower that tops 30% THC is common in many legal states in the U.S. and in Canada. For some consumers, anything less than 30% is often deemed as not being strong enough. For patients in particular, especially those that suffer from chronic and severe pain, high-potency cannabis flower is an optimal form of medicine.

A huge benefit of adult-use legalization is that patients don’t have to jump through all of the hoops of a medical cannabis program to obtain their medicine. In Uruguay, they simply have to be of legal age and go to a licensed pharmacy that sells adult-use cannabis. However, that only works out if the pharmacy actually sells cannabis that is strong enough to help the suffering patient.

An Evolving Model

Part of the reporting out of Uruguay indicates that yet another strain, a fourth option, is being considered for pharmacies, with a potential release date being next December. No details seem to be available regarding what cannabinoid levels will be involved. It’s definitely possible that an option with an even higher level of THC could be involved, however, without any details surfacing I suppose it’s also possible that it could be a low-THC, high-CBD strain. We will all just have to wait and see.

One thing that is clear is that Uruguay’s adult-use cannabis regulation model, the first one in the history of the world at a national level, is still evolving. That in itself provides a learning moment for other countries that are exploring which components to include and exclude for their legalization frameworks. Lawmakers and regulators in those countries need to approach cannabinoid level limits objectively. By doing so they will no doubt realize that THC percentage limits do not serve any actual scientific purpose, but rather, are born out of reefer madness and as a result they should never be a part of any sensible cannabis public policy.

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Germany’s Health Minister To Commission ‘An Expert Opinion’ To Help EU Legalization Push

Written by Johnny Green on December 3, 2022. Posted in Policy.

What I would give to be a fly on the wall in the room where private cannabis policy discussions are being held between European Union (EU) leadership and Germany’s Health Minister Karl Lauterbach. Health Minister Lauterbach has actively lobbied the European Union for its general approval of a German adult-use legalization plan ever since he presented a legalization proposal to the German federal cabinet back in late October. Various information has surfaced regarding legalization discussions with the EU in recent weeks, with the latest revelation involving Minister Lauterbach reportedly seeking an ‘expert opinion’ to help with the legalization push.

Health Minister Lauterbach presented a plan over a month ago that involves legalizing the possession of up to 30 grams of cannabis in Germany, as well as legalizing the cultivation of up to three cannabis plants in adult households. The plan was an evolved version of a previously leaked plan, and more changes could occur between now and a formal introduction of an actual bill. Arguably the most consequential provision of the legalization plan that was presented in late October involves removing cannabis from Germany’s narcotics law. Minister Lauterbach has made it clear that he wants to obtain EU permission for the plan prior to it being formally introduced and considered by lawmakers.

What Will An ‘Expert Opinion’ Involve?

According to Zeit, Minister Lauterbach is bringing in an expert opinion to help make the case for legalization to the EU. “Confidential talks with the EU Commission show that “very good arguments” are needed to convince them of the path they have taken,” stated Minister Lauterbach according to reporting from Zeit. From what I can tell, no announcement has been made regarding who will be providing the expert opinion or what it will include.

“We need good arguments when it comes to cannabis: We commission an expert opinion, develop a draft law at the same time and have it examined by the EU. This should show how we ensure quality, limit consumption & protect children. I am convinced of it.” Minister Lauterbach stated earlier this week regarding the latest wrinkle in the ongoing German legalization saga.

Logically speaking, one of two things is going on right now. Either the EU truly wants to learn more about Germany’s legalization plan, at which point help with crafting additional “very good arguments” via an expert or experts would be helpful. Or, of course, the other possibility is that the EU is trying to drag its feet and slow down the process by seeking ‘more information’ knowing that any amount of information will not change the EU’s opinion. Being that the EU hasn’t weighed in either way for better or worse, all we can do is sit and wait, although I do think that it’s worth asking an obvious question – what arguments can be made to the EU that haven’t already been made regarding the harms of cannabis prohibition and the benefits of legalization and regulation?

Calls To Speed Up The Timeline

Coupled with Minister Lauterbach’s announcement that he is seeking assistance in crafting arguments for the EU was a reiteration that the formal introduction of a legalization measure will not happen by the end of the year. Rather, a formalized draft of the law should be ready for private circulation by the end of the first quarter of 2023, and ‘if things go well’ and the EU blesses the effort, the formalized measure will be introduced in the second half of 2023. That timeline is sure to disappoint many legalization supporters, including supporters that are members of the Bundestag.

“Minister of Health Karl Lauterbach must now draw up a draft law for #Legalisierung from #Cannabis and present it promptly – waiting for #EU and remaining inactive is not an option! As the rapporteurs responsible, we are making that clear once again today.” previously stated Kirsten Kappert-Gonther (Greens) on Twitter (translated from German to English). Kirsten Kappert-Gonther was joined in her call for urgency by Kristine Lütke MdB (FDP).

“Minister of Health @Karl_Lauterbach must not remain idle until the #EU commission has given its feedback! He must submit a #Gesetzentwurf for #Cannabis legalization by the end of the year – so that the controlled release is implemented quickly and does not come until the end of 2023!” stated Kristine Lütke MdB previously on Twitter (translated from German to English).

Malta To Start Accepting Cannabis Club Applications By February

Written by Johnny Green on December 3, 2022. Posted in Business, Policy.

Malta made continental history late in 2021 when lawmakers passed Europe’s first nationwide adult-use legalization measure. Prior to legalization passing in Malta, the only two other countries that had previously passed national legalization measures were Uruguay in 2013 and Canada in 2018. However, unlike its predecessors, Malta’s legalization model does not provide for sales through pharmacies, storefronts, and for-profit delivery services. Rather, Malta’s legalization model will be built on non-profit cannabis clubs, applications for which people can start submitting as early as February 2023.

Despite legalization’s passage in Malta late last year, there are still no legal means by which to purchase legal adult-use cannabis products. Whereas consumers have a buffet of options from which to make cannabis purchases in Canada, and to a lesser extent Uruguay (residents only), consumers in Malta have continued to wait until the regulatory framework is set up for non-profit cannabis clubs. Thankfully, there appears to be some progress on that front.

Accepting Applications In 2023

The non-profit cannabis club model is not a new concept. Barcelona, where we co-host the world’s largest cannabis super-conference every year along with Spannabis, is home to numerous private cannabis clubs where people can acquire cannabis as well as consume it in a social setting. Uruguay is also home to hundreds of private cannabis clubs, although Uruguay has implemented a regulated system for cannabis clubs compared to Spain where clubs still operate in somewhat of a grey area of the law.

In Malta there will only be two legal sources for adult-use cannabis. One of them is home cultivation. Adult households in Malta can cultivate up to four plants, per the law that was passed late last year. The other source for adult-use cannabis will, of course, be cannabis clubs. However, clubs cannot exist without first having a license, and generally speaking a license cannot be obtained until there is an application and approval process set up. That last part is reportedly finally happening in February 2023 in Malta.

“The Authority for the Responsible Use of Cannabis will be in a position to start accepting applications for cannabis club licenses by next February, according to Parliamentary Secretary Rebecca Buttigieg.” stated Malta Today in its domestic coverage. Malta’s Authority for the Responsible Use of Cannabis will oversee the non-profit sector, including the cannabis club application process. Leonid McKay is currently the executive chair of the authority.

What About The European Union?

Currently, an adult-use legalization measure is looming in Germany, with the nation’s Health Minister Karl Lauterbach currently lobbying the European Union to gain approval prior to formally introducing the measure so that lawmakers in Germany can officially consider it. While some lawmakers in Germany have called for the measure to be introduced immediately, the Health Minister appears to still be seeking EU approval first, at least for the time being.

An obvious question that international cannabis observers are asking on social media and beyond is why is Malta legalizing without so much European Union involvement compared to Germany? It’s a straightforward question that yields some fairly complicated answers. The less complicated answer is that Malta’s legalization model is far more limited than what is being proposed in Germany. Lawmakers in Germany are proposing a nationwide adult-use market where legal purchases will be made at storefronts, similar to what is going on in Canada but on a much larger scale. Malta will have non-profit clubs where people can acquire cannabis, but only if they are members and membership will be limited in many ways I’d assume.

The more complex answer is that Germany’s Health Minister is likely pursuing a strategy that will save legal and political headaches down the road. If the European Union gives its blessing to Germany’s plan, then it largely thwarts potential legal challenges from other EU member nations and mitigates some of the probability of German legalization becoming a political punching bag for cannabis prohibitionists. EU approval would be a final answer in many ways, and while challenges would likely still be pursued, it would be nearly guaranteed that legalization would overcome any challenges if EU approval was granted prior to a legalization measure’s introduction. With that being said, the EU presumably realizes that the decision on Germany will set a precedent, and a big one at that, so it’s not a decision that will be made hastily. The longer it takes for the decision to be rendered, the louder the calls will become within Germany’s borders for lawmakers to hit the gas pedal. In the meantime, the framework for Malta’s limited legalization model will continue to develop.

German Lawmakers Call For Cannabis Legalization Bill To Be Expedited

Written by Johnny Green on November 28, 2022. Posted in Policy.

How long is a reasonable amount of time to wait to get permission from the European Union before introducing an adult-use cannabis legalization measure? That is the multi-billion dollar question facing Germany’s Health Minister who made a legalization presentation to Germany’s federal cabinet late last month. The presentation to the federal cabinet served as the first true status update of sorts regarding the national legalization effort in Germany. As it currently stands, it is expected that early next year a legalization bill will be formally introduced in Germany. However, prior to that happening Germany’s government will continue to seek approval from the European Union, a strategy that some German lawmakers are pushing back on via their calls to introduce a measure by the end of this calendar year.

After the results of the 2021 federal election in Germany were finalized the incoming governing coalition wasted no time in announcing its intent to pursue adult-use legalization. For folks that were in attendance during the 2021 International Cannabis Business Conference in Berlin, held mere weeks before the historic election in Germany, the incoming governing coalition’s announcement was not entirely surprising. At the 2021 International Cannabis Business Conference in Berlin German lawmakers discussed their intent to legalize cannabis in detail if/when the election results were favorable. As we now know, the election results did indeed prove to be favorable for legalization.

‘Waiting Is Not An Option’

Late last week members from coalition government parties issued a demand that Health Minister Karl Lauterbach no longer wait for approval from the European Union, and instead formally introduce the adult-use legalization measure that he previously presented to the federal cabinet.

“Minister of Health Karl Lauterbach must now draw up a draft law for #Legalisierung from #Cannabis and present it promptly – waiting for #EU and remaining inactive is not an option! As the rapporteurs responsible, we are making that clear once again today.” stated Kirsten Kappert-Gonther (Greens) on Twitter (translated from German to English). Kirsten Kappert-Gonther was joined in her call for urgency by Kristine Lütke MdB (FDP).

Another member of the Bundestag , Carmen Wegge (SDP), also weighed in on calls to expedite the legalization measure’s introduction.

“We believe that waiting for the #EU is not an option. Lauterbach has a clear mandate to act – through the Koa contract and the decisions made by the cabinet #Eckpunkte . We expect him to fulfill this now, he set the schedule for this himself in the summer.” stated Carmen Wegge on Twitter (translated from German to English).

Why EU Approval Is Optimal

In the most perfect scenario, the European Union would sign off on Germany’s legalization plan. I will be the first to recognize that we do not live in a perfect world, that cannabis prohibition is one of the worst public policies in human history, and that legalization should occur as soon as possible. With that being said, if the European Union will grant Germany permission to proceed, it would save a lot of legal headache down the road, as previously described by Kai Friedrich Niermann. Kai and his law firm KFN+ advise major CBD and medical cannabis companies around the globe. Kai is also legal advisor to the European Industrial Hemp Association (EIHA), and a regular speaker at International Cannabis Business Conference events.

“I assume that preliminary talks have already been held with the European Commission, and that no fundamental reservations are to be expected in this respect. Particularly in view of the fact that a number of member states are also already making preparations for a reform of their national cannabis policies. Minister Lauterbach also assumes that if the EU Commission gives its approval in principle, lawsuits from other member states pursuing a more restrictive cannabis policy will have no chance of success.” Kai Friedrich Niermann previously conveyed to the International Cannabis Chronicle.

Cannabis opponents inside and outside of Germany are no doubt doing everything that they can right now to brainstorm ways to derail legalization. Just as German Health Minister Karl Lauterbach is in the process of lobbying the EU for a favorable outcome, Bavaria’s Health Minister is also lobbying the EU, but with the goal of achieving the opposite outcome. It’s a safe assumption that if a non-cannabis friendly EU member country can find any way to sue Germany to try to prevent legalization, it will do it. From that perspective, waiting for EU approval would be a great thing and save a lot of time and effort, and would minimize distractions. Of course, if the EU tries to slow the process down and drag it’s feet indefinitely, then at some point Germany will have to proceed. At what point that occurs, or if Germany is already at that point, is something that will continue to be hotly debated both inside and outside of Germany until there’s further movement.

Increased Safe Access In Poland Is A Good Thing

Written by Johnny Green on November 27, 2022. Posted in Policy.

Poland may not be the first country that you think of when the topic of medical cannabis comes up, however, the country is currently experiencing a medical cannabis revolution of sorts, thanks in large part to how access to medical cannabis is determined. In a concept that should not be seen in any way as being controversial, Poland allows its doctors to ultimately decide who should qualify for medical cannabis prescriptions.

In many other jurisdictions, doctors can only approve suffering patients if they have been diagnosed with a qualifying condition. In some areas, the list of qualifying conditions is fairly robust. Yet, in many other areas the list of qualifying conditions can be very limited. In both cases, there are always some amount of suffering patients that do not qualify for a medical cannabis program because their condition or conditions are not on the list, which is truly unfortunate. Thankfully, Poland does not limit its doctors when it comes to medical cannabis and allows them to prescribe medical cannabis to anyone that they think it will help.

The Spread Of Safe Access

Medical cannabis reform was implemented in Poland in 2017, and as of last year doctors in the country were averaging roughly 3,000 medical cannabis patient approvals per month. When a medical cannabis program goes from zero to 3,000 new patients a month that may sound like a lot to some people, however, when put into proper context the monthly figure in Poland is not nearly as staggering as some cannabis opponents and mainstream media outlets seem to portray it to be.

For context, it is estimated that there are nearly 200,000 medical cannabis patients in Germany as of 2022. Taking the reported Poland medical cannabis patient statistic at face value, at roughly 3,000 patients being signed up per month Poland should now be home to roughly 36,000 annual medical cannabis patients. If those numbers are correct, that means that Germany has over five times as many medical cannabis patients compared to Poland even though Germany’s population (roughly 83 million people) is nowhere near five times that of Poland (roughly 38 million people).

The fact of the matter is that increased access to medical cannabis is a great thing. Suffering patients should always have safe access to effective medicine, including cannabis, and that is true in Poland just as it is true everywhere else. Deep down cannabis opponents know that, which is why they never seem to offer up actual evidence of a negative impact on public health when a medical cannabis program is increasing in size, but rather, they simply point to the fact that the program is increasing in size and then try to argue that the increase alone should be cause for alarm.

Trust The Experts

Medical doctors are trained, certified, and licensed. They are quite literally experts when it comes to human biology and medicine. Politicians and members of the mainstream media, on the other hand, are not experts when it comes to human biology and medicine, unless of course they double as licensed doctors. With that in mind, deciding what forms and frequencies of medical treatments are the most effective for a given patient and situation is something that should be determined by a doctor and the patient. Anyone that says otherwise is pushing a political agenda.

When a doctor prescribes medicine to a patient, they are doing so knowing that they could be putting their entire careers on the line. All of the years that they have put into developing their practice, including numerous grueling years in medical school, could all go up in smoke if they make a wrong move. No doctor is going to flush their careers down the drain just to help someone get stoned. When a doctor prescribes medical cannabis, including in Poland, they are doing so because cannabis is a proven medicine – a medicine that tens of thousands of peer reviewed studies have found to be safe and effective.

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U.S. Congress Passes Historic Cannabis Bill

Written by Johnny Green on November 21, 2022. Posted in Policy, Science.

In many ways the United States has historically served as ground zero for the war on cannabis. The U.S. is not the only country to prohibit cannabis at the national level, however, decades ago it largely led the charge in support of cannabis prohibition and wielded its international influence to make sure that prohibition became the law of the planet.

In recent decades the frost of cannabis prohibition in the U.S. has steadily started to thaw, particularly after Colorado and Washington State became the first in the nation to pass adult-use legalization measures in 2012 and subsequently launched adult-use sales in 2014.

Zoom forward to today and there are now 21 states that have passed adult-use legalization measures, in addition to Washington D.C. Gallup recently released its annual cannabis legalization poll results, and support remained at a record high of 68%. As I often point out, you will be hard pressed to find any other political issue in the U.S. right now that has that level of support.

Yet, despite that backdrop and growing momentum, cannabis reform within the United States Congress has lagged considerably. Various bills have come and gone over the years, with some seeing limited success in one chamber but not the other. That changed recently when both chambers of the U.S. Congress finally passed a stand-alone cannabis bill, with the bill currently awaiting the U.S. President’s signature.

The bill is called the “Medical Marijuana and Cannabidiol Research Expansion Act” and it would boost cannabis research efforts in the U.S. The legislation, which was originally introduced in July with bipartisan support, passed the House prior to successfully making its way through the Senate.

“After working on the issue of cannabis reform for decades, finally the dam is starting to break. The passage of my Medical Marijuana and Cannabidiol Research Expansion Act in the House and Senate represents a historic breakthrough in addressing the federal government’s failed and misguided prohibition of cannabis.” stated Congressman Earl Blumenauer, who co-introduced the legislation in the House. Congressman Blumenauer has previously spoken at International Cannabis Business Conference events.

“As we have seen in state after state, the public is tired of waiting for the federal government to catch up. Nearly half of our nation’s population now live in states where adult-use of cannabis is legal. For far too long, Congress has stood in the way of science and progress, creating barriers for researchers attempting to study cannabis and its benefits. At a time when more than 155 million Americans reside where adult-use of cannabis is legal at the state or local level and there are four million registered medical marijuana users with many more likely to self-medicate, it is essential that we are able to fully study the impacts of cannabis use.” Congressman Blumenauer went on to say.

“The passage of this legislation coming just weeks after the change in President Biden’s posture towards cannabis is extraordinarily significant. We must capitalize on this momentum to move subsequent common-sense House-passed bills like the SAFE Banking Act, which finally allows state-legal dispensaries to access banking services and reduce their risk of violent robberies.” Congressman Blumenauer concluded.

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The EU Is Deciding On More Than Just German Legalization

Written by Johnny Green on November 21, 2022. Posted in Policy.

When it comes to cannabis reform activity, Germany is undeniably on center stage with the international spotlight placed directly on it. Part of that is due to the fact that German lawmakers are actively pursuing adult-use cannabis legalization and the launch of a regulated industry, and part of that is also due to how high the stakes are. Lawmakers from Germany are currently making their opening arguments to continental leaders, both on the supportive side and on the opposition side of the issue. Depending on which side succeeds, it could yield huge ramifications for the rest of Europe.

It’s quite possible that if German legalization efforts receive the blessing of the European Union, that it will be seen as the European Union (EU) giving the green light to any other country that wants to follow in Germany’s footsteps. After all, if Germany is allowed to do it, then why can’t other countries do the exact same? From that perspective, the gravity of what the EU is deciding extends well beyond Germany’s borders.

Lobbying Efforts Underway

Last week lawmakers in Germany started their efforts to educate and lobby the European Union in an attempt to yield their desired outcome. On the ‘pro’ side is German Federal Minister of Health Prof. Dr. Karl Lauterbach. Prof. Lauterbach was in Brussels last week to negotiate with EU leadership. The crux of Minister Lauterbach’s position seems to be, “protection against drug crime, legal safe consumption only for adults.”

Bavaria’s Health Minister Klaus Holetschek was also in Brussels last week. His reported intent was to achieve the opposite result compared to what is being sought by Germany’s Federal Minister of Health. Klaus Holetschek is calling on the EU to refrain from granting permission to Germany’s national legalization effort.

“The federal government’s planned cannabis legalization is not only hazardous to health, but I am convinced it also violates European law,” said the CSU politician on Wednesday according to Bild, after his meeting with the responsible general director, Monique Pariat, in Brussels. It’s unclear at this time what impact, if any, the dueling meetings had on the EU decision making process.

Framing Matters

The words used to describe the motivation behind Germany’s legalization effort will likely play a very big role in whether or not the EU grants its blessing, which was touched on by German cannabis policy expert Kai Friedrich Niermann in a previous article that I posted regarding German legalization and the EU. Kai and his law firm KFN+ advise major CBD and medical cannabis companies around the globe. Kai is also legal advisor to the European Industrial Hemp Association (EIHA), and a regular speaker at International Cannabis Business Conference events.

“In order to comply with its obligations under international drug treaties and EU law, Germany has opted for an interpretative declaration to the monitoring bodies of the UN treaties, referring to its own constitutional principles, the case law of the Federal Constitutional Court and the interpretative declaration already issued on the 1988 treaty. According to the German government, the plan to legalize cannabis in Germany is in line with the purpose and legal requirements of the conventions, as the focus of the reform is the protection of health and young people, and not the promotion of cannabis consumption.” Kai Friedrich Niermann communicated a few weeks ago after Minister Lauterbach’s presentation to the federal cabinet in Germany.

That last part of Kai’s statement, touching on potential lawsuits from prohibitionist EU member states, is likely to prove to be tremendously significant in the coming years. Several countries are likely to follow in Germany’s footsteps, including the Czech Republic where leaders are indicating that they will pursue legalization on the same timeline as Germany. It’s likely a safe bet that just as there will be countries trying to join Germany, there will also be countries trying to prevent the spread of legalization. With that in mind, what the EU is currently considering may be specific to Germany, however, the ramifications of the decision will spread throughout the continent, so the significance of the decision cannot be overstated.

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German Cannabis Legalization Would Obviously Benefit Public Safety Efforts

Written by Johnny Green on November 14, 2022. Posted in Policy.

Late last week an article was published by Frankfurter Allgemeine in which the Vice President of the Federal Criminal Police Office (BKA) seemed to imply that law enforcement in Germany did not believe that adult-use cannabis legalization would result in a reduction in ‘drug-related crime.’

“Only a competitive offer could lead to the black market being reduced.” BKA Vice President Martina Link was quoted as saying in the article (translated from German to English), seeming to suggest that claims about adult-use cannabis legalization’s ability to boost public safety will not materialize in Germany. The comments made by Vice President Link were coupled with statistics about seizures of other substances (cocaine, heroin, and methamphetamines) as well as horror stories involving organized crime activity in other countries.

If you have advocated for cannabis reform for as long as I have, then you know that Vice President Link’s tactics are standard anti-cannabis propaganda. Law enforcement downplaying the benefits of legalization as they pertain to public safety is as predictable as law enforcement trying to spread isolated horror stories in an attempt to scare voters and lawmakers. It’s a tactic that has been used by cannabis opponents for decades. However, unfortunately for prohibitionists in Germany, there’s direct evidence to now point to in other jurisdictions that refute law enforcement’s claims.

Reductions In Crime

One thing that I hope is obvious to everyone, and directly contradicts law enforcement claims in Germany, is that when cannabis is legalized for adult-use and consumers are no longer treated like criminals, that in itself results in a reduction in crime rates. Cannabis consumers that would have otherwise been subjected to the criminal justice system are now allowed to proceed with their lives as normal. Using Canada as an example, in 2015 alone it’s estimated that roughly 49,000 cannabis charges were applied by law enforcement. Many, if not all, of those types of cases simply do not happen now, and that in itself is enough of a boost to the criminal justice system for law enforcement to get on board with legalization in Germany, as all of that frees up law enforcement to work on actual crime.

We now know from data out of another legal state in the U.S., Oregon (where I live), that clearance rates for violent crimes improved after adult-use legalization, presumably because law enforcement had more time to dedicate to fighting those types of crimes. Oregon voters approved a legalization measure in 2014.

“The finding largely aligns with the argument made by the proponents of marijuana legalization that legalization would improve police effectiveness in addressing serious crimes, and as a result would increase clearance rates and generate a crime deterrence effect.” the researchers concluded. The findings in that Oregon study are similar to determinations made in a separate study involving Washington State, which approved a legalization measure in 2012.

Yet another study found that lower crime rates likely go beyond the legal jurisdiction’s borders. A study conducted in 2020 found that, “the property crime rate and larceny rate experienced substantial decreases in the border counties in neighboring states relative to nonborder counties following the legalization in Colorado.” Colorado passed a legalization measure in 2012. Based on the available evidence, legalization is good for public safety efforts, which should seem logical to people examining the issue objectively.

Regulation Works

Coupled with some of the reefer madness talking points, Vice President Link also expressed a strong desire to combat organized crime, announcing that new positions would be created to address the issue. I would imagine that I am not the only person to see the irony in that stated position. It is no secret that when cannabis sales are prohibited, organized crime fills the void. It is also no secret, as is being demonstrated in real-time in the Western Hemisphere, that if regulated adult-use sales are permitted then some amount of consumers will make their purchases via regulated channels, and that, in turn, directly hurts organized crime’s bottom line.

If law enforcement officials in Germany truly believe that organized crime benefits from unregulated cannabis sales, which it sure seems that they do, then they should be leading the calls for regulated sales to launch. No, the unregulated cannabis market will never be eliminated, just as unregulated alcohol and tobacco sales are not eliminated in Germany. However, that is not to say that legalization should be scrapped as a result. Some amount of adult-use purchases being made in a regulated system will always be better than no amount of adult-use purchases being made in a regulated system.

Law enforcement in Germany, taking their concerns at face value, should be making the argument that German legalization needs to be constructed in such a manner that it keeps regulated prices as low as reasonably possible in order to compete with the unregulated market in a meaningful way. Instead, sadly, they seem to be making the claim that if 100% of the unregulated market can’t be eliminated, then legalization shouldn’t be pursued at all, which is not sensible.

Cannabis legalization is good for public safety for a multitude of reasons, and one of the primary beneficiaries of legalization is law enforcement. Cannabis prohibition is a failed public policy that uses up limited law enforcement resources – resources that would be better focused elsewhere. Any minute that law enforcement spends investigating a cannabis offense is a minute that could be used to investigate violent crime. Courts should be conducting hearings for actual crime, not cannabis activity. Adult-use legalization in Germany will make things easier on both of those fronts, and anyone that claims otherwise is likely benefitting financially from prohibition.