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New Zealand Justice Minister Throws Cold Water On Cannabis Reform Hopes

Written by Hazel Norman on . Posted in Policy.

Last week United States President Joe Biden announced a plan to issue pardons to people convicted of a federal cannabis possession charge. The plan is estimated to affect as many as 6,500 people, although only time will tell what the final number ends up being.

In the meantime, other elected officials around the globe are chiming in on the matter, with many demanding that their own nations take similar action as the U.S. did. One of those nations is New Zealand, however, New Zealand’s Justice Minister made it clear that there are no plans to do so any time soon.

Pointing To Prior Measures

New Zealand Green Party drug reform spokesperson Chlöe Swarbrick appears to be leading the charge when it comes to demands for cannabis reform in New Zealand. Swarbrick referred to the United States as ‘the birthplace of the war on drugs,’ and that if the United States can pursue federal cannabis reform, then so too can New Zealand.

In response to those calls for reform, Justice Minister Kiri Allan pointed to a prior reform measure that was passed in 2019 giving law enforcement some discretion over how to penalize people for cannabis. Minister Allan also pointed to the results of the 2020 referendum measure vote as justification for not pursuing further reform.

“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 according to RNZ. “Subsequently, we’ve seen a radical reduction in terms of those that are convicted merely for cannabis possession.”

A Breeding Ground For Selective Enforcement

Giving law enforcement the ability to issue a fine in lieu of arresting someone for cannabis is obviously better than requiring law enforcement to arrest someone for cannabis. However, providing the multiple options and still giving law enforcement the ability to arrest some people and not others is a breeding ground for selective enforcement. It’s great that convictions are down in New Zealand, yet it would clearly be better if the convictions were zero.

It’s very unfortunate that so many elected officials in New Zealand appear to be pushing the talking point that the outcome of the 2020 referendum is absolute, as if it was the final answer when it comes to cannabis policy in New Zealand. That talking point completely disregards the fact that the outcome was extremely close, and that 48.4% of people voted for the measure (1,406,973 people). Cannabis policies are evolving in many places across the globe, and that needs to happen in New Zealand as well.

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Europe’s Most Cannabis-Friendly Country

Written by Johnny Green on . Posted in Business, Entertainment, Policy, Science.

By Alex Rogers

Not long ago, just the mention of the words ‘Europe’ and ‘cannabis’ conjured up one name and image only – Amsterdam. While the police were busting down doors and arresting people left and right in most other countries around the world, Holland was a cannabis Valhalla of sorts. A place where you could be left alone to smoke your weed in peace, sans disruption, sans incarceration. For the last ten years Spain has, by some people’s assessment, taken over Holland’s venerable spot as the number one cannabis destination in Europe, as coffeeshop style venues have popped up all over the country, particularly in the city of Barcelona.

That all being said, neither The Netherlands nor Spain are Europe’s most cannabis friendly country. In fact, the irony is that Dutch and Spanish cannabis users are still looked down upon by the majority of their fellow citizens. Only deep in these countries’ urban enclaves is the culture of using cannabis looked upon as ‘no big deal.’

The Dutch and Spanish cannabis clubs are frequented by tourists, and the locals that hang out in the coffeeshops/clubs are often looked upon by their respective societies as ‘fringe.’ If a colleague from work catches them coming out of a coffee shop, it could be a slight embarrassment. Cannabis, though quasi-legal in Holland and Spain, is still stigmatized to a high degree.

There is one little gem of a country in Europe, tucked between the Mediterranean Sea and the Alps, where most of the entire country seems to be OK with cannabis use. That country is Slovenia. I have spent extensive time in Slovenia, as I have in Holland, and I have never seen a place in Europe where cannabis use was not only de-stigmatized, but also seemingly promoted by the majority of society in some way or another. Many family households in Slovenia even grow a few plants outside in the summer. Oftentimes Slovenians have even shown me pictures of their grandmas in the garden tending to cannabis. Slovenia is a green land (literally) with 65% of the country covered by forest. It looks like Switzerland, but has half the population density.

It is an agricultural society, and cannabis is looked at merely as another product that the Slovenians get from their beautiful mother earth, along with their wine, olives, honey, wild mushrooms and herbs, ubiquitous home vegetable gardens and abundant fruit trees. Slovenia is a literal garden of Eden, and if you like cannabis, it is in abundance and not expensive. Rick Simpson oil is known by the entire country. They don’t necessarily see it as a miracle cure for cancer, but rather, an aide to help the healing process ensue. The oil is readily available in Slovenia, and the government turns a compassionate eye to it, as it is used mainly for very sick people that need non-invasive treatment with non-detrimental side effects.

The capital city of Ljubljana feels like a little Prague with ever so slight hints of Berlin. It is a small city, but jammed packed with things to do. There are more outdoor cafes here per capita than almost any other European city. And, as far as I can tell, weed is effectively legal in Slovenia, or at least it feels that way. Almost every bar I have ever been to in Slovenia’s Capital allows smoking cannabis, or at least turns a blind eye to it. Is cannabis technically legal in Slovenia? No. However, small amounts are decriminalized, and it seems like it’s only a matter of time until Slovenia opens up a taxed and regulated adult use-market.

Being in Slovenia is like being dropped into a fairy tale, as it is consistently rated a top-ten “safest country in the world” by all the major indices. One would be hard pressed to find a more intelligent, vibrant, rational and sophisticated nation than the tiny, quaint and civilized, 2 million person mountain-nation of Slovenia. There is no doubt that the citizens of Slovenia are ready to legalize cannabis. It makes perfect sense.

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Research Nature Institute Bringing Cannabis Healthcare Seminar To University Of Ljubljana

Written by Johnny Green on . Posted in Policy.

The cannabis plant is arguably the most helpful plant on earth, especially when it comes to wellness benefits. Cannabis, and the cannabinoid-based products derived from it, have been found to effectively treat numerous health conditions, as evidenced by a growing body of peer-reviewed research and patient experiences.

Unfortunately, many in the healthcare field are not as knowledgeable about the cannabis plant and its wellness properties as they should be. Given how prevalent cannabis use is in society, particularly for medical purposes, it’s vital that members of the healthcare community know the science behind the cannabis plant and how to use it effectively to treat various conditions.

An amazing opportunity to learn more about cannabinoids and their role in healthcare is coming to the University of Ljubljana later this month. The Research Nature Institute, in conjunction with university faculty, is hosting a two-part cannabis healthcare seminar on October 19th and 26th.

The two-part seminar at the University of Ljubljana is the second event of its type at the institution, with a prior seminar taking place back in May. It is the third education event by the Research Nature Institute recognized by the Medical Chamber of Slovenia and the Chamber of Nurses of Slovenia.

Topics to be covered during the seminar later this month include:

– information as facts – and separate it from misinformation,
– the situation in the field of medical use of cannabis in Slovenia,
– policy in the field of cannabis and cannabinoids in Slovenia and in the world,
– clinical approaches to cannabis therapies in Israel,
– theory and the practice of using cannabis with medical vaporizers,
– methods and success of using cannabis among older adults in the world,
– methods of applying cannabis to healthy and sick populations,
– experiences of treatment with cannabinoids in Germany,
– experiences with cannabis in complementary medicine (Israel).

The seminar’s program will include world class speakers, which is itself a testament to the quality of the seminar, as well as a testament to the increased international cannabis community focus on Slovenia and the greater Balkan region.

The event will be moderated by journalist Mr. Gorazd Rečnik and will be available online in addition to in-person, so everyone around the globe is encouraged to attend. You can find out more, and register, at the seminar’s webpage on the university’s website.

***

About the Research Nature Institute

The Research Nature Institute researches the efficacy and safety of natural remedies that are currently available or are of limited access to persons in need. By setting standards for quality control and standardization, providing accreditation programs, and taking part in clinical trials, the Research Nature Institute aims to ensure natural remedies are clean (free of contaminants) and effective at known dosages to the user. Underlying its mission is to educate the public, medical professionals and legislators of its findings based on sound scientific methodologies and principles.

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German Federal Court Of Justice Upholds CBD Flower Convictions

Written by Hazel Norman on . Posted in Policy.

Germany’s Federal Court of Justice issued a decision this week that could have potentially huge ramifications for the nation’s emerging cannabidiol (CBD) industry. Two defendants were originally convicted in 2021 in a lower court in Berlin for selling large quantities of CBD flower, and that decision was upheld by the higher Court.

Low-THC cannabis flower that is high in CBD is widely available in not only Germany, but throughout Europe. ‘Cannabis light,’ as it is often referred to, contains very little THC, which is what the defendants were buying and selling. Unlike THC, CBD is not associated with inducing intoxicating effects among those that consume it.

Unfortunately, the lower court was not swayed by any of the defendant’s arguments, and neither was the Federal Court of Justice. Below is a press release from the Federal Court of Justice regarding the decision, translated from German to English.

It contains the details regarding the Court’s legal reasoning behind its decision, which seems to be resulting in a lot of head scratching among the international cannabis community. At the very least, the decision will likely send some level of a chilling effect across Germany’s emerging CBD industry, as the legal reasoning can also be applied to a large number of other people and entities.

This decision further highlights the need for comprehensive cannabis policy reform in Germany:

The Leipzig-based 5th Criminal Division of the Federal Court of Justice has rejected the appeals of two defendants against a Berlin judgment in which they were sentenced to imprisonment in particular for trading in CBD flowers.

The Berlin Regional Court sentenced one of the accused to total imprisonment of three years, nine months and ten months (the execution of which it suspended on probation) for, among other things, gang dealing in large quantities of narcotics in two cases and the other for aiding and abetting in this.

According to the judgment of the district court, the main defendant – with the support of the second defendant and an unknown third party – acquired 60 kg of cannabis plant flowers with a high proportion of the active ingredient cannabidiol (CBD) in September and October 2019. He sold the CBD flowers to wholesalers for a profit, who in turn sold them to late sales outlets and CBD shops.

The comprehensive review of the judgment prompted by the factual complaint did not result in any legal errors to the detriment of the accused. In particular, the district court rightly classified the CBD flowers as narcotics within the meaning of Annex I to the Narcotics Act (BtMG). The flowers did not fall under a cannabis exemption. They did have an active ingredient content of 0.2% THC and thus did not exceed the limit specified in the exemption. However, there was no requirement that abuse for intoxicating purposes must be ruled out. If the flowers were heated during baking, for example, this led to the release of further THC, which could produce a cannabis intoxication when consumed by the end user. The main defendant was aware of this, but his assistant was indifferent.

Contrary to the opinion of the appeal, the conviction for trading in CBD flowers does not constitute a violation of the free movement of goods under European law (Art. 34 TFEU) that the flowers were legally produced in Spain. Because the flowers were narcotics, with which trade is prohibited from the outset and which are therefore not subject to the free movement of goods. The standards of European law on which this assessment is based were so clear according to the relevant legal norms and so far clarified by the case law of the Court of Justice of the European Union (ECJ) that there was no reason to obtain a decision from the ECJ on compatibility with European law (Art. 267 TFEU ).

In view of the possibility of a health-endangering misuse of CBD flowers for intoxication purposes, the Senate did not see any violation of the constitutional prohibition on excess in the punishability of trading in them.

The judgment of the Berlin Regional Court is now final.

Lower court :

LG Berlin – Judgment of July 7, 2021 – (510 KLs) 254 Js 38/20 (9/20)

The relevant regulations are:

Annex I to § 1 Para. 1 BtMG (non-marketable narcotics)

Cannabis (marijuana, plants and plant parts of plants belonging to the genus Cannabis)

– except (…)

b) if (…) their tetrahydrocannabinol content does not exceed 0.2 percent and they are used (except for cultivation) exclusively for commercial or scientific purposes that exclude misuse for intoxicating purposes. (…)

Art. 34 TFEU Ban on import restrictions

Quantitative import restrictions and all measures having equivalent effect are prohibited between Member States.

Art. 36 TFEU exceptions

(1) The provisions of Articles 34 and 35 shall not preclude import, export and transit bans or restrictions which (…) are justified to protect human health and life (…).

2. However, such prohibitions or restrictions shall not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.

Article 267 TFEU

(1) The Court of Justice of the European Union decides by way of a preliminary ruling

a) on the interpretation of the contracts,

b) on the validity and interpretation of the acts of the Union institutions, bodies, offices or agencies. (…)

(3) If such a question is raised in pending proceedings before a national court, the decisions of which are themselves no longer subject to appeal under national law, that court shall be bound to refer the matter to the Court of Justice.

Karlsruhe, October 12, 2022

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Argentina Issues First-Ever Domestic Cannabis Production License

Written by Hazel Norman on . Posted in Business, Policy.

The battle to legalize medical cannabis in Argentina has been waged for several years now. Argentina initially passed a medical cannabis legalization measure back in 2017, however, that legislation proved to be largely symbolic due to former President of Argentina Mauricio Macri who did basically everything in his power to hinder the nation’s medical cannabis program from progressing.

The current President of Argentina, Alberto Fernández, issued a decree back in 2020 that greatly increased safe access in the South American country. The decree legalized home cultivation, and also set the stage for Argentina’s legal cannabis industry to emerge, although the home cultivation provision had to be litigated later.

The decree also allowed pharmacies to sell cannabis-derived oils, topicals, and other products, and it directed insurance systems to cover medical cannabis treatments for patients who obtained a prescription, although further rulemaking needed to occur.

The cannabis industry in Argentina still needed one very important thing in order to launch – the issuance of the nation’s first domestic production license. That finally occurred this month. Per elm strador (translated to English):

The Government of Argentina has authorized the operation of a medical cannabis production plant in the northern province of Jujuy, which will become the first to manufacture this product in the South American country, official sources reported Tuesday.

The National Administration of Medicines, Food and Technology (ANMAT) of Argentina authorized the company Cannava, owned by the provincial state of Jujuy, to operate a plant with the capacity to annually process 80 tons of medicinal inflorescences and about 4,000 kilos of active pharmaceutical ingredients.

Argentina’s current president once predicted that the nation’s cannabis industry could support over 10,000 jobs. The issuance of the first license will obviously not yield that result on its own, however, it’s a major step in the right direction.

The South American country is the second largest by physical size on the continent, only behind Brazil. Argentina is home to roughly 41 million people, making it the third most populous country in South America.

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President Of Colombia Applauds U.S. Cannabis Pardon Announcement

Written by Hazel Norman on . Posted in Policy.

Last week United States President Joe Biden announced a plan to pardon people convicted of federal cannabis possession charges. It is estimated that the decision will affect roughly 6,500 people.

One question that seems to be lingering out there is what happens to future federal cannabis enforcement practices? Will people still be subjected to arrest and federal charges if/when they are caught possessing cannabis on federal property in the U.S.?

Only time will tell if that proves to be the case. Regardless, cannabis still remains a Schedule I substance in the U.S., although part of President Biden’s announcement involved tasking leaders of his related departments to examine cannabis’ current federal classification level.

The move by President Biden is being criticized by some and being hailed by others. One person that is giving praise to the decision is current the current president of Colombia, Gustavo Petro.

“The White House takes a fundamental step to change the vision of the fight against drugs. The user of marijuana will not be treated as a criminal.” President Petro tweeted days after the announcing of pardons (translated to English).

Cannabis reform is on the move in Petro’s country in addition to other parts of the planet. Colombian lawmakers recently approved a cannabis legalization measure in committee, which is something that President Petro has pushed for. The measure has a long road ahead, however, the fact that it was approved at the committee level is encouraging.

Colombia has long served as a top source for unregulated cannabis, and continues to be so to some extent. Fortunately, there are people in the country working to get the nation on the right side of history, not the least of which is the country’s president.

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Will Brittney Griner Get A Fair Appeal To Her Cannabis Possession Conviction?

Written by Johnny Green on . Posted in Entertainment, Policy.

Back in February of this year international basketball superstar Brittney Griner was arrested at an airport in Russia for cannabis possession. The arrest apparently involved a personal amount of vape pen cartridges that allegedly contained cannabis oil. Ultimately, Brittney Griner would plead guilty to the allegations, although many have speculated that the guilty plea was merely a procedural thing to start the process of a possible prisoner swap, as that can only occur after a conviction is rendered. Griner has appealed the sentence related to the conviction, and a Russian court has set a date for the 25th of this month for the appeal.

When it comes to initial criminal court cases Russia has a 99% conviction rate, which speaks for itself regarding the level of fairness, or lack thereof, in Russia’s court system. That is something that legal experts have pointed to as likely another reason why Griner pled guilty and seemed to throw herself at the mercy of the court, as the conviction was basically a forgone conclusion, and that is even further compounded by the political factors involved with Griner’s case. All of that brings into question what level of fairness Griner will receive during the appeal process.

Why Appeal A Conviction In A Corrupt System?

It is very much worth noting that just because a court in Russia set a date for the appeal proceeding to begin that does not mean that it will automatically occur. As evidence of that, consider how many times Griner’s initial court proceedings were delayed. The United States and Russia are currently in negotiations to include Griner in some type of prisoner swap, and it’s likely a safe bet that she will unfortunately continue to be used as a political pawn, as the rising tensions between the two countries doesn’t appear to be cooling off any time soon.

With that in mind, it seems unfathomable that a court in Russia would do anything to intervene in the situation, including reducing Griner’s nine year sentence. What is more likely to occur, in my opinion, is that her case will continue to be used as political theater, and that any number of delays and/or extensions will occur to maximize the political usefulness of that theater. Don’t get me wrong, I would obviously love to see Griner win her appeal outright and be able to come home immediately, however, that doesn’t seem to be realistic based on everything involved. Griner appealed her lower court decision presumably because she had no choice but to do so, as the alternative is to accept an inhumane conviction and related nine year sentence.

The Political Solution

Unfortunately, the odds of Brittney Griner receiving justice via Russia’s court system are not strong. In fact, they are dismal at best. Realistically, the only way that Griner will be able to come home short of serving her entire prison sentence in Russia is via a prisoner swap, and the burden of succeeding at that falls entirely on the leaders of the United States and Russia. Reports have surfaced of offers being made and rejected, however, what it will take to get a deal completed seems to be uncertain at this time.

The effort to free Griner has followed a precarious path, with the Biden administration initially seeming to be unwilling to get involved and reportedly even told Griner’s family and fellow members of the WNBA to not speak publicly about the issue for fear that ‘it may make Griner a political pawn.’ The posture from the Biden administration has since changed, both in Griner’s specific cannabis case as well as in potentially thousands of domestic cannabis possession cases via a recent mass pardon issued by President Biden. Yet, the Biden administration only represents half of the parties involved in a prisoner swap, and with the other half of the equation currently in the midst of war against an ally of the U.S., there’s no telling how long it could take, and also what it will take, before Griner is finally free.

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Morocco Government Issues Ten Permits For Cannabis Production

Written by Frank Schuler on . Posted in Business, Policy.

Morocco first adopted its current medical cannabis policy last year. The 2021 measure authorized the legal production of cannabis for medical, cosmetic, and industrial uses, as well as tasked a national agency to oversee the launch and operation of the industry.

Back in March of this year Morocco’s government selected three provinces where medical cannabis would eventually be legally cultivated for domestic and export purposes. Roughly three months later the nation’s national cannabis regulatory agency met for the first time, moving the launch of the nation’s legal industry one step closer.

This month Morocco’s industry effectively did launch, in that the government issued its first round of cannabis production permits. Per Reuters:

A Moroccan state agency has issued the first 10 permits for the use of cannabis in industry and medicine and for export, it said, the result of a law passed last year.

Farmers who organise into cooperatives in the northern mountain areas of Al Houceima, Taounat and Chefchaouen will be gradually allowed to grow cannabis to meet the needs of the legal market, the agency said.

Morocco has long served as a top source for unregulated cannabis, particularly hashish. Consumers and patients all over the world, and particularly in Europe, consider Morocco’s unregulated cannabis products to be top shelf.

It will be interesting to see if Morocco’s success in the unregulated market transfers over to the regulated industry. Only time will tell, although, the speed at which Morocco is moving is certainly encouraging.

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Israel Study Finds CBD Is “Highly Effective” In Adults With Refractory Epilepsy

Written by Frank Schuler on . Posted in Science.

When it comes to medical cannabis, arguably the most effective way that cannabis can be used is in cannabidiol (CBD) form to treat refractory epilepsy. Cannabis can effectively treat a number of conditions, however, it seems to be particularly useful among epilepsy patients.

CBD’s ability to successfully treat refractory epilepsy among child patients has received a lot of media attention in recent years, and for good reason. When pharmaceutical medications fail parents turn to CBD which is non-toxic and does not induce intoxication, and in a vast majority of cases, it proves to be a tremendous form of treatment.

Cannabidiol is also effective at treating adult patients that suffer from refractory epilepsy according to a new study out of Israel. Below is more information about it via a news release from NORML:

Tel Aviv, Israel: Adults with treatment-resistant focal epilepsy (epilepsy characterized by seizures arising from a specific part of the brain) respond favorably to the adjunctive use of plant-derived CBD dominant cannabis extracts, according to data published in the journal Neurological Sciences.

A Colombian investigator assessed the efficacy of high CBD/low THC extracts in a cohort of epileptic patients. Of those who maintained a cannabis-treatment regimen for at least three months, 80 percent experienced a greater than 50 percent reduction in seizure frequency at 12 weeks. Only a minority of patients reported any side-effects.

“The reduction in seizures frequency is maintained over time.” the study’s author concluded.  “The CBMF (cannabis-based magistral formulation) is a highly effective and safe therapy to treat adult patients with DRFE (drug resistant focal epilepsy).”

Israeli data published in June similarly reported that children with refractory forms of epilepsy experience significant reductions in seizure frequency following the long-term use of plant-derived CBD extracts.

In 2018, the US Food and Drug Administration granted market approval to Epidiolex, a prescription medicine containing a standardized formulation of plant-derived cannabidiol for the treatment of two rare forms of severe epilepsy: Lennox-Gastaut syndrome and Dravet syndrome. Shortly after approval, the US Drug Enforcement Administration reclassified Epidiolex to Schedule V of the US Controlled Substances Act — the lowest restriction classification available under federal law.

Full text of the study, “Cannabis based magistral formulation is highly effective as an adjuvant treatment in drug-resistant focal epilepsy in adult patients: An open-label prospective cohort study,” appears in Neurological Sciences. Additional information on cannabis and epilepsy is available from NORML.