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Seven Years In Prison For Possessing CBD?

At a time when many parts of the world are trending in the right direction in regards to cannabis policy, Hong Kong is going in the opposite direction. Cannabidiol (CBD) is very popular in Hong Kong, with many CBD-based businesses operating in Hong Kong in recent years. Yet, despite the cannabinoid’s popularity and thriving industry surrounding it, Hong Kong is proceeding with plans to outlaw CBD.

As of the posting of this article, a search on PubMed.gov for the term ‘CBD’ yields over 10,000 results of peer-reviewed studies, many of them demonstrating that CBD is indeed effective at treating various ailments and conditions. PubMed houses the results of peer-reviewed studies from all over the globe and is accessible to anyone with internet access.

Many of the studies on PubMed involving CBD have also found that the cannabinoid does not induce intoxication, unlike its cannabinoid counterpart tetrahydrocannabinol (THC). Despite the growing body of research, Hong Kong’s government is still set to ban CBD, with plans to categorize it at the same level as heroin. Per Bangkok Post:

Hong Kong will outlaw cannabidiol (CBD) by February, the government announced on Thursday, placing it in the same category as heroin, cocaine and methamphetamine with users facing hefty jail time.

The move is expected to wipe out businesses in the Chinese finance hub that had, until now, been able to sell CBD-infused products such as beers, coffee and health supplements.

The changes to Hong Kong’s drug control laws, pending a final round of vetting by the city’s rubber-stamp legislature, will take effect from Feb 1.

To describe the future penalty for CBD possession as being ‘hefty’ is likely not enough to properly put into context how horrific the penalty actually will be starting in February. According to Bangkok Post’s reporting, “anyone who possesses or consumes CBD faces up to seven years in jail and fines of up to HK 1 million (US $127,000).”

Seven years in prison for just having consumed CBD? That’s inhumane. What CBD prohibition enforcement as it pertains to individual patients and consumers will end up ultimately looking like in Hong Kong is something that we will all have to wait to see. Given how Hong Kong enforces many things, it’s likely a safe bet that invasions of privacy will occur, and that is unfortunate.

One thing that is seemingly guaranteed at this point is that the emerging CBD industry in Hong Kong is about to experience an enormous crackdown, and it would likely be wise for people that have CBD products to dispose of them in a manner that is safe. Otherwise they run the risk of serving many years in prison, in addition to having an enormous fine levied against them.

Germany’s Legalization Plan Includes Removing Cannabis From Narcotics Law

Cannabis legalization efforts in Germany received a huge boost yesterday, with the nation’s Health Minister Karl Lauterbach (SPD) making a formal presentation to the federal cabinet regarding the most up-to-date plan for a German adult-use cannabis legalization measure. The presentation was truly historic, in part due to the fact that it happened in the first place, and also in part due to what was included in the plan itself.

As we previously reported, points from the plan were leaked last week, including some points that yielded significant pushback from the public and even some lawmakers. Many felt that some of the provisions, especially provisions involving THC percentage limits, were too restrictive. Fortunately, the plan that was presented yesterday by Health Minister Lauterbach addressed many of the components that were largely the focus of negative feedback.

One provision of the current legalization plan in Germany will no doubt prove to be extremely significant if/when it is implemented. Point 5 on page 4 of the Eckpunktepapier contains a key sentence, “Genusscannabis, Medizinalcannabis und Nutzhanf werden vollständig aus dem Anwendungsbereich des BtMG ausgenommen und die jeweiligen rechtlichen Rahmenbedingungen werden in einem gesonderten Gesetz festgelegt.”

That sentence can be translated to English as, “Recreational cannabis, medical cannabis and hemp will be completely removed from the domain of the narcotics law (BtmG) and the individual legal frameworks will be determined in a separate law.”

Minister Lauterbach was specifically asked about this provision of the plan during his presentation to the federal cabinet, as described below:

Obviously, removing cannabis from Germany’s narcotics law would have enormous ramifications, and would affect nearly every aspect of cannabis policy, industry, and research. The benefits of removing cannabis from Germany’s narcotics law would not only benefit adult-use cannabis efforts; it would also benefit the nation’s emerging medical cannabis patients, program, and industry.

“Regulating cannabis not as a narcotic anymore has extremely positive implications particularly for medical use. This step opens the door to electronic cannabis prescriptions and immediate transfer to the pharmacy which can then ship the medication to patients. We are already preparing for a fully digital pathway for patients with 24h between video consultation and cannabis medication delivered to your doorstep.” stated Dr. med. Julian Wichmann, Geschäftsführer/CEO of Algea Care. Algea Care is Germany’s leading platform for therapy with medical cannabis.

“We also expect the conditions for cannabis research to be drastically improved. It will probably also be much easier for academic institutions to obtain national or EU-provided funds for specific research projects, as there will be a rapidly increasing demand for research on both medical and recreational cannabis intake.” Dr. Wichmann went on to say.

How countries have historically classified cannabis, including Germany, has created tremendous hurdles for cannabis research and the emerging cannabis industry. That, in turn, makes it extremely tough for patients who are at the mercy of what conditions qualify for medical cannabis and what safe access options they have in their area. Unfortunately, due to limitations in research many patients are left on the outside looking in. Removing cannabis from Germany’s narcotics law would provide a compassionate boost to suffering patients all over the country and increase safe access.

“Our goal is to make medical cannabis treatment as accessible and seamless for anyone with a medical condition suitable for treatment. Deregulation away from narcotics can facilitate that. Research from the U.S. shows that up to 40% of recreational customers are actually trying to mitigate symptoms but often don’t achieve the results they’re hoping for. The different tax treatment may potentially lead to a situation in which medical cannabis is cheaper than at recreational stores and accessible with a better digital journey.” described Dr. Wichmann.

The discussion regarding cannabis’ classification status is not limited to Germany. The United States is currently ‘examining’ the classification status of cannabis at the federal level, per a recent directive from U.S. President Joe Biden. However, unlike Germany, the discussion in the United States involves whether cannabis should be descheduled or rescheduled. Germany’s plan seems to have already landed at descheduling, or as it was more properly described by reporter Alfredo Pascual’s tweet embedded above, cannabis is ‘to be removed from the narcotics law,’ which is effectively the same as descheduling.

The significance of what is being proposed in Germany cannot be overstated. In addition to the expressed desire to remove cannabis from Germany’s narcotics law, it is a welcomed sight to see that home cultivation was not only included in the plan presented yesterday, but also that the home cultivation plant limit was raised from 2 plants that was part of the leaked points last week, up to 3 plants this week.

For perspective, Washington State in the U.S. still prohibits home cultivation for adult-use purposes despite having passed a legalization measure back in 2012. Illinois and New Jersey also prohibit adult-use home cultivation despite having also passed legalization measures. And all the while cannabis remains prohibited at the federal level in the U.S. With all of that in mind, the sensible proposal in Germany is great news for consumers, patients, researchers, taxpayers, entrepreneurs, investors, and just about everyone else in German society, whether they consume cannabis or not.

Germany Moves A Step Closer Towards Legalization

It was a big day in Germany for cannabis policy, with Germany’s Health Minister Karl Lauterbach making a formal cannabis legalization presentation to the federal cabinet. While the presentation did not involve the formal introduction of legislation, it did serve as the closest thing to a comprehensive status update so far in the German legalization process.

Much of what was presented today was already known via an interesting week of policy leaks and public statements by elected officials. Although, there were some items of note from the presentation, including news that prior to a formal measure being introduced Germany will continue to seek approval from the European Union.

“Berlin will check with the European Union’s executive commission whether the plan approved by the German government is in line with EU laws and would proceed with legislation “on this basis” only if it gets the green light, Health Minister Karl Lauterbach said” according to ABC News.

Per Health Minister Lauterbach, Germany will continue to examine whether regulated social consumption will be allowed, as well as the sale of edibles, however, the current plan does not permit for either of those policy and industry components.

Pending successful movement on the European Union approval front, Health Minister Lauterbach indicated that a formal bill would be introduced for lawmakers’ consideration in 2023, with legalization hopefully becoming law by 2024. Below is Health Minister Lauterbach’s presentation in full (broadcast in German):

German Legalization Plan Continues To Evolve After Public Outcry

Last week I wrote about the reported leaking of components of a long awaited German legalization plan. The legalization details were reportedly from Health Minister Karl Lauterbach (SPD), and provided the first deep dive opportunity for global cannabis policy and industry observers who have all been heavily focused on all things cannabis and Germany ever since the dust settled on the 2021 federal election. German voters elected a new governing coalition in 2021 and the coalition, often referred to as the Traffic Light Coalition, quickly indicated its intent to pass a legalization measure and launch a regulated adult-use industry.

A new report is out today from The Rheinischer Post which indicates that Health Minister Karl Lauterbach will present a legalization plan to the federal cabinet tomorrow. The new report also indicates that some components of the plan have evolved after significant public pushback occurred regarding the previously leaked components.

As I touched on in my previous article, it’s a common political strategy to ‘float political balloons’ via leaks and public comments to see if the public ‘pops’ the metaphorical balloons in the form of public outcry. Lawmakers use that strategy during political negotiations from time to time to force their opponents to relent to some degree. I suspect that is what happened last week given the fact that the measure seems to have improved post-outcry, although admittedly, that is just conjecture on my part. Regardless, the evolved components of the plan are significant nonetheless, and are the exact ones that were the main focus of public pushback.

What Changed And What Remained The Same?

The legal age for adult-use cannabis, 18 years old, was unchanged in the reported latest version of Germany’s legalization plan, which was expected. The initial 20 gram possession limit appears to now be described as ‘a maximum of 20 to 30 grams.’ Public outcry regarding possession limits was not limited to just citizens, as deputy FDP chairman Johannes Vogel was also very vocal about his opposition to the 20 gram limit. A prohibition on advertising remained unchanged, as well as the types of outlets that may be allowed to legally sell adult-use cannabis (licensed stores and pharmacies).

Arguably the greatest differences between the components leaked last week compared to what is going to be reportedly presented tomorrow hinges on THC limits for products. Initially, it was being reported that there would be a 15% THC limit on products sold to people over 21, and a separate 10% THC limit on products sold to people of legal age under 21. Per The Rheinischer Post’s reporting (translated to English), there will be no cap for people 21 and over, however, “Because of the increased risk of cannabis-related brain damage in adolescence, it is being examined whether an upper limit for the intoxicating substance THC will be set for adults up to the age of 21, according to the paper.”

Another significant change from last week’s version of the plan compared to this week’s pertains to home cultivation. Last week’s version reportedly involved a two plant limit for home cultivation, however, this week’s version has a three plant home cultivation limit. By comparison, in Malta adult households can cultivate up to four cannabis plants. Malta is the only country in Europe that has passed an adult-use cannabis legalization measure, although adult-use cannabis sales remain prohibited in Malta.

Will There Be More Changes?

If there is one major takeaway from what has transpired in Germany over the course of the last week, it’s that the legalization process is still very much ongoing. It is virtually guaranteed that there will be further tweaks made to the legalization plan in Germany, and it’s largely just a question of what will change. Furthermore, even the evolved plan still leaves quite a few extremely important items to finalize, including the actual personal possession limit, potential THC limits for products sold to younger adults, and laws pertaining to edibles. And all the while there are still continental and international treaty concerns to be worked out.

As The Rheinischer Post stated in it’s coverage (translated to English), “The cabinet referral is an intermediate step.” The political process can be full of twists and turns, especially when it involves something as monumental as launching the world’s largest legal cannabis market. Currently, the only public policy and regulation ‘guidebook’ for launching a national adult-use cannabis industry open to the world is Canada, and for a multitude of reasons Germany is an entirely different situation compared to Canada. Germany can learn some things from Canada to be sure, however, much of the heavy political and regulatory lifting in Germany is completely unique, and as such, people would be wise to anticipate more changes in the future, albeit more on the fringes versus a complete overhaul. For cannabis advocates specifically, it’s wise to remain vocal and keep the pressure on because, as we witnessed over the course of the last week, that pressure can result in improved changes to what is being proposed in Germany.

Brazil’s Federal Council Of Medicine Creates Confusion With New Cannabis Guidance

Brazil is the most populous country in South America. With a population of over 200 million people, Brazil makes up almost half the population on the continent and dwarfs the next most populous country in South America, Colombia (roughly 50 million people).

It’s a safe bet that there are a considerable number of suffering patients in Brazil, many of which that would likely benefit from using one or more types of cannabis products for medical purposes.

Unfortunately, Brazil’s medical cannabis program is still limited in many ways, with many suffering patients not qualifying for the country’s emerging medical cannabis program because their condition or conditions are not on the list of those that qualify for safe access.

To make matters worse, the nation’s Federal Council of Medicine issued new guidance this month that would further limit who can qualify to receive medical cannabis. Per Globo:

Eight years after its last guidance on the use of cannabidiol, the Federal Council of Medicine (CFM) published this Friday (14) a new standard aimed at guiding how doctors should treat the subject.

With no advances and more restrictive, CFM resolution No. 2,324 authorizes cannabis products to be used only to treat some cases of epilepsy. The text also prohibits the prescription of “any other derivatives (of cannabis sativa) other than cannabidiol”.

The new guidance is the target of considerable pushback from a wide array of stakeholders, and not just patients. Members of the emerging cannabis industry, as well as members of the medical community, were quick to offer criticism.

One major point that is being made by experts from all types of backgrounds is that Brazil had previously authorized the sale of CBD medication for multiple sclerosis in pharmacies. The new guidance obviously contradicts that prior authorization, as well as other practices that are common in Brazil right now.

The guidance puts doctors in a really tough situation and clearly limits their ability to treat patients. It will be interesting to see if the guidance is actually incorporated, or if it is legally challenged and/or scraped in the future.

Cannabis Extracts Safe And Effective In Dementia Patients Per Switzerland Study

Cannabis extracts are growing in popularity around the globe within the medical cannabis community for a multitude of reasons. For many years, cannabis flower was the most prominent form of medical cannabis, however, more and more patients are increasingly going the extract route.

For those that are not familiar, cannabis extracts are exactly what the name implies. They are products that are created as the result of processing cannabis flower via various methods to extract and concentrate cannabinoids from the flower.

The rise in use of cannabis extracts has been paralleled by new questions regarding whether cannabis extracts are safe for patients, both in the short and long terms. A team of researchers in Switzerland recently examined long term use of cannabis extracts among dementia patients, and the results of the study were insightful. Below is more information about it via a news release from NORML:

Geneva, Switzerland: The administration of plant-derived extracts containing a two-to-one ratio of CBD to THC is associated with behavioral improvements and few adverse side effects in dementia patients, according to data published in the journal Frontiers in Aging Neuroscience.

A team of Swiss researchers assessed the long-term safety and efficacy of the adjunctive use of cannabis extracts in a cohort of dementia patients (mean age: 81 years). Participants received an average of 12.4 mgs of THC and 24.8 mgs of CBD per day for up to 13 months.

Investigators reported “marked improvements” in patients’ symptoms over the course of the trial, including reduced agitation. They reported “no problems related to the treatment and limited adverse drug reactions.”

They concluded, “A long-term THC/CBD (1:2) medication can be administered safely and with overall positive clinical improvement to poly medicated older adults with severe dementia and associated problems.”

The study’s results are similar to those recently reported in a placebo-controlled trial which determined that the sublingual administration of CBD-dominant plant extracts reduced agitation and improved sleep in dementia patients.

Full text of the study, “Cannabinoids for behavioral symptoms in severe dementia: Safety and feasibility in a long-term pilot observational study in nineteen patients,” appears in Frontiers in Aging Neuroscience.

Are Legal Cannabis Sales Coming To Czechia In 2024?

Ever since Germany’s governing coalition announced its intent to pass an adult-use legalization measure and launch a regulated industry, the tone of the cannabis discussion in many European countries instantly changed.

One of those countries is the Czech Republic, also known as Czechia, which shares a 815 kilometer border with Germany. Cannabis reform discussions were already well underway in Czechia, however, they have heated up recently with national anti-drug coordinator Jindřich Vobořil discussing a legalization and regulation proposal with members of the press earlier this week. Per Radio Prague International:

If national anti-drug coordinator Jindřich Vobořil’s proposed plan comes into effect in 2024 as he hopes, Czechia could become the second EU country to legalise the recreational use of cannabis. And not only that – it would even go a step further, also making its sale legal. The anti-drug coordinator presented his plan for combatting addiction – which includes the proposal to legalise cannabis – at a press conference this week.

“At the moment, there is a political consensus for me to create this proposal for the regulation of cannabis, a substance which is illegal at the moment. We want to regulate it with the help of the market and we believe that this regulation will be more effective than the current ban.”

Of course, a lot can happen between now and 2024, and that goes for outside of Czechia’s borders as much as inside of its borders. Perhaps even more so outside of its borders. After all, lawmakers in Czechia are not holding their cannabis discussions in a vacuum.

Cannabis reform is obviously on the move in Germany, and it’s quite possible that legal adult-use sales could launch there by the end of 2024. Other countries in Europe are also trending towards legalization, although perhaps not as quickly and robustly.

Any foot dragging in Czechia comes with an opportunity cost. If lawmakers want to cling to prohibition, and wait until after other countries have already launched industries, once-in-a-lifetime opportunities for its citizens will be gone forever.

Cannabis Spray Shows Promise For Cancer Patients With Refractory Pain

One area of cannabis research that is of particular interest to people around the globe, and for obvious reasons, pertains to how the cannabis plant can be used to help people suffering from cancer. It’s one of the most intriguing, and yet also controversial topics in the cannabis world.

A growing body of peer-reviewed research is finding that the cannabis plant can help effectively treat cancer and related symptoms. It is important to differential between the claim that ‘cannabis can help treat cancer’ versus ‘cannabis cures cancer.’

Many personal patient experiences back up the claim that cannabis may cure cancer, in some instances. However, it is a very cruel thing to tell someone that is suffering from cancer that something, cannabis included, will absolutely cure their cancer, guaranteed. After all, nothing is ever guaranteed when it comes to medicine and treatment regimens.

More research needs to be conducted, and hopefully one day there is a cure found for cancer, and if the cure does indeed prove to involve cannabis, that would be amazing. Until that time, the cannabis plant can still do other things to help suffering cancer patients, including when it comes to pain management.

A recent study out of Australia examined a specific cannabis spray to see if it helped treat cancer patients experiencing refractory pain, and the results of the study are encouraging. Below is more information about it via a news release from NORML:

New South Wales, Australia: Terminal cancer patients with refractory pain respond favorably to a proprietary cannabis spray containing equal ratios of plant-derived THC and CBD, according to data published in the journal PLOS One.

A team of Australian investigators assessed the safety and efficacy of a novel water-soluble oro-buccal nanoparticle spray containing 2.5 mgs of THC and 2.5 mgs of CBD in a cohort of patients with advanced cancer and intractable pain.

Researchers reported that cannabis dosing was associated with improvements in pain relief among all patients, with those patients suffering from bone metastasis experiencing the greatest levels of relief. No serious adverse events were reported, though some patients did experience drowsiness following treatment.

Patients also reported improvements in appetite and emotional well-being.

“This study demonstrated that the administration of the investigative cannabis-based medicine was generally safe and tolerated in a short-term exposure in a cohort of patients with advanced incurable cancers with controlled pain or intractable pain despite opioid treatment,” authors concluded. “There was a reduction in pain overall for the study cohort of 12 percent by the end of the treatment phase. … [This] cannabis-based medicine … is of significant clinical interest given that this formulation was a self-titrated medicine, that showed preliminary analgesic efficacy in a subgroup of patients.”

Full text of the study, “Pilot clinical and pharmacokinetic study of delat-9-tetrahydrocannabinol/cannabidiol nanoparticle oro-buccal spray in patients with advanced cancer experiencing uncontrolled pain,” appears in PLOS One. Additional information on cannabis for pain mitigation is available from NORML.

New Data Creates Cannabis Controversy In New Zealand

A little over a week ago we published an article describing how New Zealand’s Justice Minister threw cold water on calls for the nation to reform its cannabis laws. Calls had ramped up after United States President Joe Biden announced a plan to issue pardons to people convicted of federal cannabis possession in the U.S.

New Zealand Justice Minister Kiri Allan offered up various reasons for why new cannabis reform measures would not be pursued, specifically referencing a measure from 2019 that provided flexibility to law enforcement for cannabis cases.

“We have a slightly different context here. In 2019, we introduced the ability for the police to exercise discretion when it came to possession of cannabis offences,” Minister Allan stated earlier this month according to RNZ. “Subsequently, we’ve seen a radical reduction in terms of those that are convicted merely for cannabis possession.”

New data obtained by Newshub is putting into proper context how misleading Minister Allan’s claim truly is. Below is a chart of the actual cannabis enforcement numbers, via Newshub:

Cannabis-Possession-Court-Action-Newshub-1120

To be fair, the number of court actions did technically reduce from August 2019 to July 2022, however, it is clearly not enough of a reduction to be properly described as a “radical reduction” and certainly not enough of a reduction to warrant keeping cannabis prohibition in place.

Whenever members of law enforcement are allowed to decide when to arrest someone and when not to, it creates a situation that is ripe for selective enforcement. The only way to ensure that doesn’t happen is to end cannabis prohibition.

Cannabis advocates inside and outside of New Zealand will continue to call for meaningful reform regardless of the misleading talking points that are offered up by opponents. As momentum continues to increase outside of New Zealand’s borders for legalization it will become increasingly difficult for prohibitionists to maintain the status quo.