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Author: Johnny Green

Luxembourg Invites EU Nations To Cannabis Legalization Meeting

For a brief time, it was expected that Luxembourg would become the first country in Europe to pass a national adult-use legalization measure. As we now know, that title actually went to Malta, which passed such a measure late last year.

The push for legalization continues in Luxembourg, with details recently surfacing regarding what the country’s legalization model will entail. It appears that Luxembourg’s model will largely revolve around home cultivation, and possession will be mostly treated in a decriminalized fashion.

Households will be able to cultivate up to 4 plants, however, all of the harvested cannabis has to remain in private. People caught possessing less than 3 grams outside of their home will be subjected to a 145 euro fine. Anything beyond possession of 3 grams will be considered intent to distribute.

Lawmakers in Luxembourg are indicating that further reform will occur, yet there is no timeline for any additional reforms. Given how long it has taken Luxembourg to get to this point, and considering that even this limited legalization bill has yet to be approved, it’s anyone’s guess how long it will take for the country to implement a more robust legalization framework.

For what it is worth, Luxembourg has apparently set up a meeting to take place next month that will be solely dedicated to legalization policy discussions, and Luxembourg has invited other European nations to join. Per Luremburger Wort (translated to English):

However, it was also a good thing that the new German government was moving in the same direction when it came to drug policy. ”We now have strong allies in the greater region and the Netherlands and Malta are also going down this path. We are no longer alone.” In July, Luxembourg invites like-minded EU countries to a meeting.

As mentioned in the excerpt, Germany, which shares a border with Luxembourg, is expected to legalize cannabis for adult use this year, and its model will be considerably more robust compared to what is currently being pursued in Luxembourg.

In addition to including a home cultivation provision, German lawmakers are expected to roll out what will instantly become the largest regulated adult-use sales model on earth.

It’s unclear which nations will take up Luxembourg on its invite, however, it’s likely a safe bet to assume that if other European countries join the meeting there will be a wide away of approaches to legalization policy expressed in the meeting. Hopefully the meeting boosts momentum for legalization and yields favorable results across the continent.

Limited U.S. Legalization Continues To Hurt Cartels In Mexico

Historically, the United States has served as the largest cannabis market on earth, and for many decades that market was completely illegal. These days, medical and/or adult-use cannabis dispensaries are located in a growing number of states, although cannabis still remains illegal at the federal level. The rising number of state-legal outlets in the U.S. is having a direct, negative impact on cartels in Mexico according to a new report from U.S. Congressional researchers.

Throughout prohibition in the U.S. cannabis smuggled into the country from Mexico largely supplied the unregulated U.S. market. Having lived my entire life on the West Coast of the U.S., and consuming cannabis for nearly 3 decades now, I can personally attest that ‘brickweed’ from Mexico was once very common around here. That is no longer the case.

The Rise Of Safe Access

Cartels in Mexico benefitted greatly from cannabis prohibition in the United States. The cannabis that they smuggled into the United States was awful and was presumably contaminated with all kinds of nasty stuff. Unfortunately, for many consumers and patients, it was all that was available. That started to change drastically in 1996 when California became the first state to legalize cannabis for medical use in the U.S.

Once California passed a medical cannabis measure, it opened the floodgates to other states following suit, almost all of which created safe, legal access to cannabis in some manner. Every dispensary and delivery service that opened up at the state level, especially in the Western United States, diverted money to state-licensed cannabis outlets that would have otherwise likely gone to cartel operations.

The shift in consumer purchasing habits further accelerated in 2014 when Colorado and Washington State launched adult-use cannabis sales. With state medical programs, patients had to be registered in order to frequent dispensaries. Now that consumers of legal age from all over the country (and the world for that matter) can make legal purchases of regulated products through licensed outlets there’s literally no good reason for people to ever purchase cartel cannabis ever again, hence the drop in cannabis revenue for cartels.

Proof Of Concept

Many valid reasons exist regarding why cannabis should be legalized, with a popular one being to defund cartels. Cartels have caused so much misery over so many years, and any dollar that can be prevented from going their way is always a good thing. Legalization in the United States is proving to be extremely successful on that front, as demonstrated by the latest Congressional report.

Cartels still smuggle cannabis into the U.S., and still set up illegal grows on public lands in the U.S. However, that business model is becoming less viable with every passing year as consumers continue to migrate towards legal options. Imagine when cannabis is legal nationwide in the United States. Obviously, once all consumers and patients in every state can go the legal route, there will be no room for cartel cannabis in the country, assuming that regulations are sensible and prices are at least somewhat competitive.

Just as legalization will continue to succeed in the United States, so too will it succeed elsewhere, and in the process, eliminate cartel cannabis worldwide. When cannabis is illegal, cartels will fill the void. After all, consumers and patients don’t refrain from consuming cannabis just because it is illegal. They will continue to seek out sources for cannabis, and cartels will always be willing to meet the demand. The more that the legal cannabis industry is allowed to operate the more it can directly address the cartel cannabis issue, and when that happens, everyone wins (except for the cartels).

Thailand’s National Cannabis Cultivation Program Is Off To A Strong Start

On June 9th, just a little over a week ago, Thailand embarked on a new cannabis public policy journey when it implemented its new national cannabis laws, and with it, launched a nationwide program in which households can sign up to cultivate low-THC cannabis.

The new cultivation program is the first of its kind on the entire planet, and it has proven to be so popular that on the first day that people could sign up for the cultivation program the government app used to sign households up crashed. Apparently, the app received over 9 million applications on just the first day alone.

As of the morning of June 12th, just three days after the launch of Thailand’s cultivation program, over 650,000 households had already signed up and received notifications to cultivate cannabis. It’s a truly historic time in Thailand, and I reached out to Mr. Wisan Potprasat, President of the River Khwae Herbal Therapeutic Center, for his take on what is going on in Thailand.

Mr. Potprasat is the President of the River Khwae Herbal Therapeutic Center (RHTC), President of Community Enterprise Network of Western Herbal Alliances, and the CEO Cannabis Medical Industrial Estate Association of Thailand. Below is what he had to say:

For more than 88 years, the cultivation and consumption of cannabis in Thailand has been banned by law, although cannabis has played a very important role in traditional Thai medicine in the past.

Many specific cannabis strains seemed to have been lost and it was not possible to carry out research and studies on cannabis breeding over this long period of time.

In recent years, the Thai government has understood that cannabis does more good than harm and so they began to gradually adapt the laws. This opened the way for domestic farmers to create a new income opportunity. In addition, cannabis can be used again in traditional Thai medicine and as a basis for new medicines for the population. On July 9th, a new law came into force that allows the possession, cultivation and consumption of cannabis under certain conditions (THC content must be below 0,2%). Thailand is the first country in South-East Asia that does such a big step in its laws. This important milestone finally decriminalizes the handling of cannabis for private individuals. This will help establish a healthy relationship with the plant that has been cultivated for generations.

As soon as Thailand changed the law in 2018 and allowed to use cannabis for medical purposes, we at RHTC started rediscovering the ancient Thai cannabis strains and bringing them back to Thailand. Luckily, many varieties were rediscovered in neighboring countries, where they “survived” in private gardens for several decades. From the beginning it was important to us to build up a network with local farmers in order to rebuild the Thai cannabis industry together with them. We impart knowledge about the cultivation of cannabis and use modern technology to ensure sustainable cultivation with zero waste and pollution. The perfect climatic conditions in Thailand together with the irrepressible diligence and drive of our young growers ensure that we have now become the largest cannabis producer in Asia. The gradual opening up of laws by the Thai government has enabled us to re-cultivate the ancient cannabis strains of Thailand and it makes as very proud that in the meantime we can offer the best quality in the world.

In the future, of course, further steps and changes in the law will be necessary to further simplify the cultivation, processing and, in particular, trading of cannabis and its products. There are already wider draft laws on cannabis control being discussed in the Thai parliament. However, thanks to the Thai government’s constant and determined legal steps in the right direction, we have already achieved a major lead compared to the rest of the world.

Germany Moving Forward With Legal Cannabis Sales Plan

Germany’s Health Ministry announced today that it will start holding hearings tomorrow to discuss various aspects of legalizing cannabis sales for adult-use nationwide. It’s a huge announcement and moves Germany one step closer to inevitably launching legal adult-use sales nationwide.

As of right now, only one country, Canada, allows legal adult-use sales nationwide to anyone of legal age. Uruguay also has legalized cannabis for adult use, however, sales are limited to the citizens of Uruguay. Malta has also passed a legalization measure, however, Malta’s current legalization model does not permit sales.

Global Economic Powerhouse

Germany is home to the fourth-largest economy on earth, and its population is more than twice the size of Canada. It appears that, at least for the time being, when Germany launches legal adult-use sales it will be a cannabis oasis of sorts, having a virtual adult-use sales monopoly on the continent.

With that in mind, Germany’s adult-use industry will be massive and unlike anything we have ever seen in the global cannabis community. The hearings that will start tomorrow will involve hundreds of representatives from various backgrounds, including representatives from the medical and legal fields.

What Will The Hearings Involve?

Much of what will be discussed will apparently revolve around quality control and limiting youth access to cannabis, and the current plan seems to involve a comprehensive evaluation four years after the launch of sales. In total, there will be five hearings and all of them are expected to be completed by the end of this month.

What is eventually discussed at the hearings will then be used to craft national rules, regulations, and laws that pertain to adult-use cannabis sales. The sales component is just one facet of Germany’s effort to legalize cannabis for adult use.

Leaders in Germany previously indicated that home cultivation would also be a part of an eventual legalization measure that will eventually be introduced, which is expected to happen as soon as this summer. The significance of legalization in Germany cannot be overstated. It will usher in a new era for the cannabis industry, in addition to encouraging every other country in Europe to end prohibition.

Thailand’s New Cannabis Policy Framework Is A Model For The World

Thailand has officially made a historic cannabis policy shift. As of today, every household in the entire country can sign up to legally cultivate low-THC cannabis plants. It’s the first time in the history of the world that such a public policy was implemented at a national level.

To make the public policy shift even more historic, Thailand isn’t just merely allowing people to cultivate low-THC cannabis. Rather, Thailand’s government is fully embracing the cannabis plant and the industry it creates.

Thailand’s Public Health Minister previously indicated that there will be no plant limit for the government’s cultivation program, so households can cultivate as much as they want to. As part of the rollout of the new law, Thailand is giving away over 1 million cannabis seeds directly to households that sign up to cultivate cannabis.

The government is even giving out low-interest loans to help aspiring cultivators get their operations started. Thailand also launched an app to help streamline the process of people signing up their households to cultivate cannabis. An FAQ public service announcement effort was launched to help people understand the law and cultivation program.

The Health Ministry has largely led the charge for cannabis reform in Thailand, however, it’s not the only government entity embracing the cannabis plant. As we previously reported, a broad spectrum of government agencies in Thailand previously entered into an agreement to do their part to push Thailand’s emerging cannabis industry forward.

Thailand is also working to help right the wrongs of prohibition’s past by releasing thousands of people serving time for cannabis offenses. Courts will also halt current prosecutions that fit within the parameters of the government’s new policy. Every affected defendant/prisoner, regardless of when the offense took place, will have their offenses removed from their records.

To really hammer home the point of how big of a shift Thailand’s new law is from a criminal justice standpoint, not only were charges dropped against a woman that was cultivating cannabis, the officers were punished for arresting her in the first place. All of it took place in the weeks leading up to the new law taking effect – not after the law took effect.

Thailand’s new cannabis policy model still has its limitations, not the least of which is the limit on THC for all cannabis plants and products. It’s tough to fully categorize Thailand as a legal country alongside Uruguay, Canada, and Malta. However, Thailand’s policy is definitely better than every other country that is still clinging to prohibition, especially in the region where Thailand is located.

Thailand is now in a category all of its own when it comes to cannabis policy. When the new policy inevitably succeeds and doomsday scenarios prove to be nothing more than fearmongering, hopefully it results in other countries adopting some or all of Thailand’s policies, and even better, improving upon them.

South Africa Supreme Court Reviews Cannabis Cultivation Club Case

South Africa’s Supreme Court is reviewing a case that could have significant implications for the future of the nation’s emerging cannabis industry. The case involves an entity that started a private cannabis cultivation club shortly after South Africa’s Supreme Court issued a landmark decision that determined cannabis prohibition as it pertains to people in private settings was unconstitutional. This latest case involving the private cannabis cultivation club may help firm up what exactly ‘private cannabis possession and use’ actually means.

Whenever a court issues a ruling, there are almost always questions left unanswered as well as the creation of new uncertainties. For instance, in South Africa’s landmark decision Deputy Chief Justice Raymond Zondo stated, “It will not be a criminal offence for an adult person to use or be in possession of cannabis in private for his or her personal consumption.” What does ‘private’ entail, and what is considered to be ‘possession’ and ‘personal consumption?’ This latest case before the South Africa Supreme Court gets to the heart of those questions.

Private Cannabis Cultivation Club Model

Someone being in possession of cannabis in a private setting for the purpose of consuming said cannabis may seem like a straightforward scenario to some people, however, there’s a lot of legal gray area involved. For starters, does ‘private’ only mean in a person’s home, or does that extend to all private property, including business properties? Does possession include cannabis plants that are growing, or does it only mean harvested cannabis and products derived from the harvest? Does this involve gifting and/or paying someone to help with acquiring cannabis in private settings to any degree?

All of those questions are being considered via the latest cannabis case being reviewed by South Africa’s Supreme Court. The Haze Club (THC) launched with a unique business model. It’s a private club that involves people signing up for a membership, the member provides cannabis seeds to THC, THC then cultivates the plant for the member in a dedicated, private space on THC property, and after the plants are harvested they are provided to the member.

Obviously, law enforcement seemed to feel that the model operated outside of the Court’s decision being that they raided it and applied charges to the club’s owner. The club owner is arguing that everything was conducted in private and that the Court’s decision provided for such private activity. Ultimately, the Supreme Court will sort it out.

Possibly A Moot Decision

In the midst of the latest cannabis court case in South Africa, lawmakers and regulators are working towards making the country a legal continental and international cannabis powerhouse. The country has a ‘Cannabis Master Plan’ that is geared towards embracing cannabis commerce both domestically as well as beyond the borders of South Africa.

Domestically, the plans include provisions for a regulated adult-use industry. Internationally, at least for the time being, South Africa’s efforts will focus on medical cannabis. Currently, only three countries have legalized cannabis for adult use via legislative action, and out of them, Canada is the only country that allows legal adult-use sales to anyone of legal age regardless of their residency status. With that in mind, it will still be a while before we see international adult-use commerce between multiple countries.

However, when legal adult-use commerce does officially launch at the international level, South Africa will presumably be well-positioned to hit the ground running. In the meantime, much of the effort in South Africa will be geared towards the domestic industry, and private cannabis clubs using THC’s business model could be fully legalized, licensed, and regulated. If that proves to be the case, any decision in the specific THC case could ultimately prove to be moot.

Attend Cannabis Europa In London June 28-29th

The emerging legal cannabis industry in Europe is at a critical juncture. After Malta became the first country to pass a national, no THC-limit adult-use legalization measure late last year several countries in the region are expected to follow in the near future.

Medical cannabis reform continues to spread across Europe, and with it, the expansion of the continent’s medical cannabis industry. The rise of adult-use legalization will obviously impact Europe’s medical cannabis industry, however, it’s still largely unknown to what extent that will be and how both sectors of the industry will operate alongside each other.

What is known is that the rest of this decade will no doubt prove to be the biggest decade in history when it comes to Europe’s emerging cannabis industry. The policies, rules, regulations, and other industry framework components that are created and implemented this decade will largely determine what the future of Europe’s cannabis industry looks like for decades to follow.

With that in mind, it’s more vital than ever for cannabis entrepreneurs, policymakers, and other leaders to network and learn from each other as much as possible. An amazing opportunity to do exactly that is coming to London on June 28-29, 2022 when Cannabis Europa’s flagship event comes to Old Billingsgate.

“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 Europe event. It’s a mission that remains true for this year’s event as well.

The venue for the event, Old Billingsgate, encompasses three versatile spaces and a beautiful terrace with unrivaled views of Tower Bridge, City Hall, The Shard, and London Bridge. The event’s two-day agenda covers a range of topics. Below is a sampling of the event’s speakers. For a full list click on this link:

  • Benedikt Sons – Co-founder, managing director, and CEO of Cansativa Group
  • Kristine Lütke MdB – Member of the Free Democratic Party
  • Dr Carl Hart – Professor of Psychology at Columbia University
  • CJ Wallace – Founder of Think Big
  • Hannah – Co-Founder and Non-Executive Director of Medcan Support
  • Dr Kojo Koram – Lecturer in Law at Birkbeck School of Law, University of London

The Cannabis Europa event taking place in London later this month will also include an expo floor featuring dozens of cannabis companies. The expo floor is a great way to network with exhibitors and attendees, as well as to learn about the latest products and services in the cannabis space.

Cannabis Europa will also offer a digital networking platform that will enhance the conference experience and help attendees get the most out of the two-day event. Features include viewing the attendee list, exploring partners’ virtual exhibition booths, learning and conversing via virtual ‘discussion rooms’, and much more. You can find more information about Cannabis Europa, including how to register for the event, at: www.cannabis-europa.com

Taxes And Provincial Mark-Ups Are Hindering Ontario’s Cannabis Industry

The main motivation behind legalizing cannabis for adult and/or medical use should always be based on it simply being the right thing to do. No one should ever be penalized for using/possessing a plant that is 114 times safer than alcohol.

With that being said, the reality of the situation is that creating a regulated industry for the purpose of generating public revenue is a driving force behind support for legalization around the globe for better or worse.

Taking the profit away from criminal enterprises and essentially re-routing it to a regulated system in which some profits benefit society is a winning political message, and if actually achieved, a great thing. However, it’s predicated on people actually making purchases from regulated sources rather than unregulated ones, and the transition is far from automatic.

Surveys and polls have consistently found that cost is a major factor for consumers and patients, which is not exactly shocking because that is basically true of any product. But unlike most products, there are a lot of unregulated options when it comes to cannabis, and in most cases, unregulated cannabis is significantly cheaper than regulated cannabis.

Various reports have been published regarding the average price for regulated and unregulated cannabis in Ontario and other parts of Canada, and while the price for regulated cannabis seems to be pretty consistent being that it can be easily tracked, the price for unregulated cannabis often seems to be inflated in my opinion.

I spend an ungodly amount of time online talking to consumers all over the world, and I have yet to find someone in Ontario that pays the prices for unregulated cannabis that are being reported for what that is worth.

It’s a safe assumption that for every extra dollar that gets added to the price of regulated cannabis a certain chunk of the consumer base then gets lost to the unregulated market. With that in mind, the fact that roughly half of the price of regulated cannabis products in Ontario is due to taxes and provincial mark-ups is obviously a problem and will always hinder the legal industry.

This is not to say that there should be no government profit at all. Regulatory oversight is not free, so there needs to be enough money to safely administer sensible industry regulations, and to some extent, put cannabis industry revenues to work helping society in various ways.

However, there needs to be a balance struck to help ensure that regulated cannabis is truly competitive with unregulated cannabis. Regulated cannabis will never be as cheap to produce as unregulated cannabis, but it needs to be close enough that consumers feel comfortable paying a little extra for a product that they know is tested and safe.

Thailand To Release All Cannabis Prisoners

In just a matter of days, Thailand will implement a very unique and bold approach to cannabis policy. On June 9th a new law goes into effect that will, among other things, legalize home cultivation for every household in the nation.

Thailand will launch a registration program in which households can sign up to cultivate low-THC cannabis and make use of harvests in various ways, including eventually selling it to the government.

To assist in helping households participate, the government is offering extremely low-interest loans to aspiring cultivators and distributing over one million cannabis seeds to households across the country.

Additionally, as announced this week, Thailand will also be releasing thousands of people currently serving time for cannabis offenses. Per Bangkok Post:

Ongoing trials and detention in connection with cannabis-related offences will be cancelled once revised restrictions take effect on Thursday, according to the Office of the Judiciary.

The production, import, export, distribution, consumption and possession of cannabis — except for its psychoactive substances — will be formally legalised on June 9 when a Ministry of Public Health announcement published in the Royal Gazette on Feb 9 takes effect, said Sorawit Limparangsri, a spokesman for the Office.

Cannabis-related offences that resulted in court cases and detention prior to June 9 will be cancelled, with any bond payments to be returned. People incarcerated in related trials serving jail time due to an inability to pay fines will also be released, according to the agency.

In addition to people being freed from prison and current prosecutions being abandoned, people previously convicted of some cannabis offenses will have those prosecutions removed from their records.

People awaiting trial will still have to show up to court as a procedural requirement, however, it’s only so that a judicial review can be performed to ensure that the case is eligible for dismissal.

It’s worth noting that not every case involving cannabis will be eligible for release, dismissal, and/or expungement. Some cases that involve cannabis also involve other offenses, so obviously in those instances, the case will remain in the criminal justice system. The same is true for cannabis cases that are beyond the parameters permitted by the new cannabis law.

Still, it’s estimated that over 4,000 cannabis prisoners will be released next week in Thailand, and that doesn’t seem to include pending cases, expungements for people that already served their sentences, and the prevention of future cases. It’s a significant move by Thailand, and hopefully other countries will work to do the same.