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The Greens Urge Australia’s Federal Parliament To Legalize Adult-Use Cannabis

Australia is home to an emerging cannabis industry, although cannabis laws vary from state to state throughout the country. The most progressive region when it comes to cannabis policy can be found in the Australian Capital Territory (ACT), where cannabis was decriminalized in 2020.

In fact, as we previously reported, the University of Sydney is launching a free cannabis testing program for residents of ACT that want to test their cannabis. The goal of that program is to gather insight into what potencies and varieties of cannabis consumers are actually cultivating and/or consuming in Australia. That insight, in theory, will help lawmakers craft policies and regulations.

Leadership among The Australian Greens, or The Greens as the party is often referred to, is urging the nation’s government to legalize cannabis for adult use at the national level, and in the process, supersede any local prohibition policies. Per The Guardian:

As the minor party ramps up its campaign to legalise cannabis ahead of a planned private member’s bill to be introduced next year, the Greens’ justice spokesperson, David Shoebridge, said the advice from constitutional lawyer Patrick Keyzer paved the way for new federal laws.

The advice suggests that there are three commonwealth heads of power that would enable it to legalise and regulate cannabis use, with the clearest pathway via a part of section 51, which relates to copyrights, patents of inventions and designs, and trademarks.

Whether or not that proves to be a viable path to adult-use legalization in Australia is something that we will all have to wait and see. Even if there is a viable path to legalization in Australia, and the other claims by The Greens are accurate regarding federal law versus local law, the political will to pass a legalization measure still has to be in place, and that is likely not the case right now, unfortunately.

According to a poll conducted earlier this year by Essential Research, 55% of voters in Australia want cannabis to be legalized and regulated like alcohol. It’s a public policy and industry approach that is already working in Uruguay and Canada, as well as at the state-level in the United States.

Japan Health Panel Gives Mixed Cannabis Policy Recommendations

This week a Japanese health ministry panel issued cannabis policy recommendations, including a recommendation that Japan allow medical cannabis products to be imported. Generally speaking, the recommendation to allow medical cannabis product imports is a good thing, however, cannabis observers and advocates around the globe need to temper their celebrations, as the recommendation proves to be very limited upon further inspection, and it wasn’t the only recommendation that the panel offered up.

In addition to recommending that products ‘whose safety and efficacy were confirmed under laws governing pharmaceuticals and medical devices’ be allowed for importing, the panel also recommended that Japan make cannabis consumption itself a crime if it’s not for authorized medical purposes. That recommendation, coupled with the fact that the only medical cannabis product that seems to fit the panel’s criteria is Epidiolex, makes it clear that what is ultimately being proposed in Japan is ‘eh’ at best. It’s certainly better than outright prohibition with no exceptions, however, it’s not the medical cannabis policy overhaul that some may think it is.

Breeding Ground For Selective Enforcement

The nuances between enforcing prohibition as it pertains to possession versus consumption is significant. To be sure, both are harmful, however, prohibition on consumption can prove to be a greater violation of basic rights. Someone being charged with possession is exactly how it sounds – someone was found to be in possession of cannabis. When someone is charged with cannabis consumption, what we are really talking about is someone having cannabinoids in their system.

How do authorities discover that someone has cannabinoids in their system in the first place? In many instances, it will likely be coupled with a possession charge, with law enforcement seeing the person consuming and catching them in the act. Yet, there’s always the potential that law enforcement merely ‘suspects’ that a person has consumed cannabis, and uses that ‘suspicion’ as ‘justification’ to acquire bodily fluids for testing by whatever invasive means they deem to be useful. It’s an enforcement practice that can easily be weaponized and should never be implemented by any government anywhere.

What Is The Problem?

As I have pointed out in a previous article, the creation of the panel that issued the recent recommendations was born out of a rising consumption rate in Japan, especially among younger consumers. Lawmakers in Japan have expressed concern that there is a spike in consumption, and while that is technically true, it deserves some context, as Japan has one of the lowest cannabis consumption rates on the planet.

In the most recent year for which data is available (2019), Japan experienced a 21.5% increase in measured cannabis consumption compared to the previous year. While that may sound alarming to some lawmakers inside and outside of Japan, consider the fact that less than 2% of people in Japan report having consumed cannabis during their entire life. By comparison, 41.5% in Canada report having consumed cannabis during their lifetime, and 44.2% in the United States. Clearly, Japan doesn’t have a cannabis consumption addiction problem – it has a cannabis prohibition addiction problem.

Labour’s Shadow Justice Secretary Says London Cannot Decriminalize Cannabis

Back in mid-May the Mayor of London, Sadiq Khan, launched a commission to explore London’s cannabis policies. The ‘London Drugs Commission,’ as it is referred to, is chaired by Lord Charlie Falconer QC, a former lord chancellor and justice secretary. Reviewing London’s cannabis policies was one of Mayor Khan’s pledges during his re-election campaign.

One of the specific public policy components that was heavily reported as being in Mayor Khan’s crosshairs is cannabis decriminalization. People in London support a change in cannabis enforcement in London per a YouGov poll that we previously reported on earlier this month.

“New YouGov data finds that Londoners support decriminalising cannabis within the boundaries of the capital by 50% to 33%. However opinion is divided across party lines, with 64% of the capital’s Labour voters supporting such a move compared to only 34% of Conservative voters.” YouGov stated at the time.

Unfortunately, at least some leaders within the Labour Party seem to have failed to look at the polling data, or at the very least disregarded it, as they are pushing back against any changes in cannabis policy and enforcement in London. The latest example of that comes from Steve Reed, the Labour’s Party’s shadow justice secretary. Per Eastern Eye:

Steve Reed said that the party would not look to decriminalise or legalise any recreational drugs, and Khan will not be given powers to do so, reported The Telegraph. He added that Labour will not allow Khan to turn London into a ‘drug supermarket’.

“Khan is entitled to his view, but mayors will not be responsible under this government or under a Labour government for that policy. So he can express whatever he likes, but he’ll never have the opportunity to do it under a Labour government because we won’t be liberalising drugs laws,” Reed was quoted as saying by The Telegraph.

“He’s contributing to a debate, but he won’t have the power to do anything about it, however that comes about.”

According to media reports, Mayor Khan wants to implement a similar pilot program that was created by the Thames Valley police in which young adults caught with a personal amount of cannabis undergo classes or counseling instead of being arrested and prosecuted.

Forcing young people into classes or counseling for personal cannabis possession in itself is not ideal, however, it’s definitely not an enforcement approach that should be categorized as seeking to “turn London into a drug supermarket.”

As the potential government showdown continues to develop in the United Kingdom it is worth keeping an eye on the situation, as it could have ramifications for the national cannabis policy discussion in addition to the ongoing local discussion.

Minister In Sri Lanka Wants To Legalize Medical Cannabis Exports

Sri Lanka may not be the first place that you think of when it comes to cannabis reform and the emerging cannabis industry, however, the nation is trending in the right direction, albeit slowly. Adult-use cannabis is illegal in Sri Lanka while medical cannabis is legal in certain limited instances.

The cannabis plant has a long history in Sri Lanka, with local populations using it for centuries for religious purposes. A new push is underway in Sri Lanka to legalize medical cannabis exports, with the nation’s Minister of Indigenous Medicine leading the charge. Per Colombo Gazette:

Medical cannabis to be legalised for export, State Minister of Indigenous Medicine Sisira Jayakody said.

The State Minister has instructed the relevant officials to prepare the legal documents for this purpose.

He said that Sri Lanka can earn around USD 3 billion through the export of indigenous medicine.

It is no secret that Sri Lanka’s economy is in ruins right now. Roughly a decade ago Sri Lanka had one of the fastest growing economies in the region, however, in May the country defaulted on its debt for the first time in history, and it has been all down hill from there.

Legalizing medical cannabis exports may not fix every economic problem that Sri Lanka has, yet it could definitely help to some degree. In addition to legalizing exports the government in Sri Lanka also needs to embrace cannabis domestically and ensure that every suffering patient in the country is afforded the same level of safe access as found in many other countries.

German Finance Minister: Expect Cannabis Legalization In 2023

When it comes to the push for adult-use cannabis legalization there’s no place on earth that is as exciting as Germany right now. Late last year a new coalition government was elected in Germany, and the ‘Traffic Light Coalition,’ as it is commonly referred to, made it clear very quickly that it sought to legalize cannabis for adult use and launch a regulated market. Speculation has swirled ever since regarding how long it will take for Germany to make the transition, and the nation’s Federal Finance Minister Christian Lindner (FDP) recently weighed in predicting that legalization would become a reality in 2023.

The comments by Finance Minister Lindner came at a FDP state election campaign event in Lower Saxony, apparently in response to cannabis advocates that were in attendance and holding up signs with hemp leaves that read (translated to English) “A bag with Christian Lindner.” Various other elected officials in Germany have also weighed in over the course of the last year, and the general consensus seems to be that legalization may arrive as early as next year, however, it could take as long as 2025 to become a fully implemented reality.

Not An Easy Task

Some cannabis advocates are expressing frustration regarding the current legalization process in Germany, which is understandable given that cannabis prohibition is the law of the land when it comes to consumers in Germany, and prohibition is a harmful, failed public policy. However, it’s important to keep things in perspective. Germany may not be the first nation to roll out a nationwide adult-use industry, yet it is certainly the first to try to do so on such a large scale.

The only three countries to legalize cannabis beyond low-THC, and at a national level, are Uruguay, Canada, and Malta. Germany’s population is roughly twice the size of all three of those other countries’ populations combined. The size of Germany’s economy is more than twice the size of those other countries’ economies combined. Unlike the other three legal countries, Germany shares a border with nine other countries, many of them being home to their own large populations and economies. Legalization absolutely needs to happen in Germany, but it needs to happen the right way and that will take some time.

The Prohibition Dam Will Burst

As alluded to earlier in this article, Germany is not legalizing cannabis in a vacuum. Every lawmaker and regulator around the globe that wants to see cannabis legalized is watching Germany with a very close eye right now, as the push to legalize in Germany will largely serve as the ‘guidebook’ for efforts elsewhere. What will the legal age be? What will the personal possession limit be? How many plants can a household cultivate? Will social use establishments be allowed? What should testing standards be? What will the business licensing forms entail? How many offices and government positions will be needed to oversee the industry? These are just a sample of questions that have to be completely vetted and sorted out. A lot of stakeholders have to be afforded an opportunity to weigh in, and some level of consensus has to be reached for every facet of Germany’s future cannabis policy.

All the while lawmakers and regulators are crafting plans and strategies without anyone truly knowing how much demand Germany will experience once legal sales begin. Current legal nations are not good comparators, as Germany is a completely different animal. Canada is the only country on earth right now where anyone of legal age can make a regulated purchase. Uruguay limits sales to residents and Malta does not have any industry framework in place. Even if those countries had models similar to Canada, they still would not be good comparators.

When Germany launches its adult-use industry domestic and foreign consumers will no doubt flock to retail outlets at levels literally never seen before in the emerging global cannabis industry. I personally think that Germany should do a staggered rollout with possession, cultivation, and consumption provisions being implemented sooner than industry provisions, as they are far more straightforward. By doing so, Germany will instantly save money by no longer enforcing failed public policy and individual consumers will finally experience freedoms that should have never been taken from them in the first place.

Artisanal CBD Extracts Display Long-Term Efficacy In Kids With Epilepsy

The World Health Organization estimates that as many as 50 million people worldwide suffer from some level of epilepsy, from mild cases to severe. Nearly four out of every five patients diagnosed with epilepsy live in developing countries.

Epilepsy is a chronic, noncommunicable disease within the brain that affects people of all ages. Unfortunately, many cases go undiagnosed, especially cases involving child patients. Undiagnosed cases make it extremely difficult to provide proper care for the suffering patient.

Fortunately, cannabidiol (CBD) has been found to be effective at treating epilepsy. It’s likely the only form of medicine that can be cultivated and processed all over the globe via the hemp plant. Yet another study has found CBD to be effective at treating kids with epilepsy, this time out of Israel. Below is more information about it via a news release from NORML:

Tel Aviv, Israel: Children with refractory epilepsy respond favorably to long-term treatment with plant-derived CBD extracts, according to data published in Pediatric Neurology.

Israeli researchers assessed the safety and efficacy of artisanal CBD-rich extracts in a cohort of adolescents with treatment-resistant forms of epilepsy. Among patients administered extracts for a period of at least one year, 51 percent experienced a significant decline in seizure frequency. Patients reported only nominal side-effects associated with CBD treatment.

Authors concluded, “Artisanal cannabidiol-enriched cannabis may be an effective and safe long-term treatment for refractory epilepsy.”

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, “The long-term effectiveness and safety of cannabidiol-enriched oil in children with drug-resistant epilepsy,” appears in Pediatric NeurologyAdditional information on cannabis and epilepsy is available from NORML.

International Researchers Determine Cannabis Rarely Induces Psychosis

One of the oldest and most-popular talking points among cannabis prohibitionists is that cannabis is ‘bad for the brain.’ Cannabis prohibitionists, aided by mainstream media and film, have historically portrayed cannabis users as being completely insane.

Arguably the best example of that is via the 1936 film Reefer Madness, in which many of the actors in the film try cannabis and are instantly thrust into a full-blown psychotic episode. One character even commits suicide in the film ‘due to consuming reefer.’

To be sure, mental health issues are a major concern and not to be taken lightly. With that being said, it’s an enormous disservice to people experiencing mental health issues to falsely place blame on cannabis and essentially issue a misdiagnosis.

Suffering patients of all types deserve to have safe access to effective medicine and to have their health advice based on science, not politics. Several studies have debunked the ‘cannabis makes you crazy’ myth, including a recent one involving a team of international researchers. Below is more information about it via a news release from NORML:

Lausanne, Switzerland: Cannabis consumption rarely triggers episodes of acute psychosis in those without a pre-existing psychiatric disorder, according to data published in the journal Translational Psychiatry.

An international team of researchers from Australia, Switzerland, and the United Kingdom assessed lifetime occurrences of “cannabis-associated psychotic symptoms” (CAPS) requiring hospitalization in a cohort of 233,000 European marijuana consumers.

Authors reported that less than one-half of one percent of subjects reported ever having had such an experience. Those at higher risk for such incidences included younger aged subjects, as well as those with a prior diagnosis of bipolar, anxiety, or depressive disorder, or psychosis.

“Our findings are in line with the idea of a common (genetic) vulnerability representing risk that is shared across psychiatric disorders,” authors determined. They concluded, “Rates of CAPS as observed here are comparable to rates of other drug-induced psychosis, such as alcohol-associated psychosis (around 0.4 – 0.7 percent).”

The study’s findings are consistent with those of a separate paper, published in July in the journal Substance Use & Misuse, which reported that medical cannabis patients are at “low” risk for psychiatric hospitalizations resulting from their marijuana use. In that trial, investigators assessed marijuana-related hospitalizations among a cohort of over 23,000 subjects over a median period of 240 days. During that time, only 26 patients were hospitalized explicitly because of “mental or behavioral disorders due to the use of cannabis.”

The findings push back against high-profile claims from some cannabis reform opponents that marijuana exposure is a frequent trigger for psychosis and other mental health disorders.

Full text of the study, “Rates and correlates of cannabis-associated psychotic symptoms in over 230,000 people who use cannabis,” appears in Translational Psychiatry. Additional information on cannabis and mental health is available from NORML’s white paper, ‘Cannabis, Mental Health, and Context: The Case for Regulation.’

Activists Planning Legal Action To Fully Legalize South Africa’s Cannabis Industry

Cannabis activism and advocacy can come in many forms. I have worked to reform cannabis laws for many years now and have helped promote cannabis activism efforts all over the globe, and I have seen countless strategies and efforts be effective.

The most logical form of cannabis advocacy is via the political process. Some areas have citizen initiative and/or referendum processes in which ordinary citizens can gather enough signatures from registered voters to put an issue on the ballot. For instance, that is what activists in Italy did recently, although the effort was eventually kiboshed by the nation’s top court on a technicality.

Another form of political cannabis activism is lobbying lawmakers. In areas where there is no signature gathering mechanism to change laws, educating and convincing lawmakers to reform cannabis laws is a worthwhile effort. Although, there are obviously times when the lobbying route proves to be a dead end, as some lawmakers cannot be reasoned with. When that happens, litigation is about the only other viable option.

Legal challenges to prohibition can work, as evidenced by landmark rulings in Mexico, Italy, and South Africa in recent years. In the case of South Africa, prohibition as it pertained to personal use was overturned and quickly implemented, however, the creation of an adult-use industry has lagged.

Activists in South Africa are now planning yet another legal challenge, this time focusing solely on individuals being able to participate in the adult-use cannabis industry. Below is more information about it via a news release from the organization behind the new effort, Fields of Green for All:

In 2017, three plaintiffs (Julian Stobbs, Myrtle Clarke, and Clifford Thorp) met seven government departments (“the state parties”) and the intervening Doctors for Life (“DFL”) in the Pretoria High Court for the commencement of the Trial of the Plant (the “TOTP”). After days of evidence, the TOTP was rendered part-heard because of the state parties and DFL ambushing us with many thousands of pages of evidence, which, upon later analysis, supported far more than it hurt us.

We went on to intervene at the level of the Constitutional Court in the consolidated cases brought by Ras Gareth Prince, Jeremy Acton, and others, which culminated in the 2018 Judgment that saw the effective decriminalisation of the personal and private use, possession and cultivation of Cannabis in South Africa and which afforded our Parliament two-years to replace the legislation struck-out as being unconstitutional. Then, we waited.

In the background, since 2014, Fields of Green for ALL NPC has been assisting Cannabis users, cultivators and traders to get stays in prosecution pending the outcome of the TOTP. There are now over 100 cases waiting in the queue with Myrtle.

Four years have now passed since the 2018 Judgement (as have, tragically, the lives of both Stobbs and Thorp) but we feel no closer to a reasonably regulated trade in South African Cannabis than we were back in 2017, when fighting the TOTP. There are now calls for an ‘evidence-based’ policy and, despite it being the constitutional responsibility of the state parties to evidence the harms that they allege that they want to protect us from, it seems obvious to us that we need to drag the prohibitionists amongst us back to Court if we are to get us over the line anytime soon.

So, today, off the back of last week’s mass action, we announce the launch of the Trial of the Plant 2.0 (the “TOTP2”) – being the re-opening and continuation of the original TOTP. We will be meeting with our lawyers from Cullinan and Associates and narrowing our challenge so as to not fight over territory already gained. Our focus, fundamentally, will be to ensure that anyone who wishes to is allowed to earn a living through Cannabis, as so many are hypocritically permitted to do through the cultivation of and trade in everything related to alcohol and tobacco. In addition, we plan to eliminate some of the rats and mice left behind by the 2018 Judgment – which seemingly provide quarter to the state parties and their agents to trample on our hard-won human rights.

We cannot do this alone. Only through generous donations (both of money and expertise) were we able to get as far as we did in 2017 and 2018. Back then, many didn’t take us seriously, but now they know what’s possible and that we’re their best bet. It’s time to treat the funding of this final push as a strategic investment. Spending a little now will help us to unlock the full potential of a sunrise industry, in which there will be space for you, your business and the businesses of your compatriots. Help us to help you – we are stronger together.

More information will follow by way of updates as this all unfolds. #TOTP2. Watch this space.

A personal note from Myrtle Clarke:

“Since the devastating events of the early hours of 03 July 2020, there has been no investigation into Julian’s murder. There remain 2 pieces of paper in his file at the Diepsloot Police Station and those pages are my statement. Yet, the South African Police Service continues to harass, profile, arrest, incarcerate and extort members of our peaceful Cannabis Community. Enough is enough.”

Nearly 10% Of Canadian Cannabis Consumers Engage In Home Cultivation

Cultivating your own cannabis can provide many benefits, with one of the most obvious benefits being cost savings. If someone is knowledgeable and able, they can cultivate their own cannabis for a fraction of what it costs to purchase cannabis from retail outlets.

Another major benefit is controlling what goes into your cannabis. After all, if you cultivate your own cannabis then you know exactly how often it is watered, what the water quality is, and what and when your plants are fed nutrients. There are no mysteries as to what your cannabis contains.

Unfortunately, not everyone has the right to legally cultivate their own cannabis, even in places where legalization measures have been passed. Home cultivation is legal in most of Canada, with some local exceptions which are working their way through legal challenges, and the option appears to be very popular according to newly released data. Below is more information about it via a news release from NORML:

Waterloo, Canada: Approximately ten percent of Canadian cannabis consumers report engaging in home cultivation, according to data published in the journal Addictive Behavior Reports.

Canadian researchers surveyed home cultivation patterns prior to and following the enactment of adult-use legalization in 2018. Under the law, adults in most regions of the country are permitted to grow up to four cannabis plants for their own personal use. (The provinces of Quebec and Manitoba prohibit home cultivation.)

Researchers reported that the percentage of consumers who grew their own cannabis increased from six percent prior to the passage of legalization to nine percent in 2020. Those residing in more rural areas were more likely to home cultivate. Most of those who engaged in home cultivation did not exceed legally imposed plant limits.

“Almost one-in-ten Canadian cannabis consumers reported home cultivation of cannabis in 2020, with modest increases following legalization of non-medical cannabis,” authors concluded. “The uptake of home cultivation is associated with province and cultivation policies; specifically, Manitoba and Quebec, the only provinces to prohibit non-medical home cultivation, reported among the lowest rates. Although the current study reported an increase in home cultivation among past 12-month consumers after legalization, it will be important to see whether rates continue to increase, even as access to legal cannabis and the price of legal cannabis decreases.”

Data from the United States has estimated that fewer than two percent of cannabis consumers acknowledge engaging in home cultivation, although the actual percentage of home growers has likely increased in recent years as more jurisdictions have adopted marijuana legalization policies.

NORML has long advocated that consumers in legal jurisdictions ought to have the option to home cultivate personal use quantities of cannabis, opining: “The inclusion of legislative provisions protecting the non-commercial home cultivation of cannabis serves as leverage to assure the product available at retail outlets is high quality, safe and affordable. Additionally, permitting home cultivation provides adult consumers with an immediate source of cannabis — providing an alternative to the illicit market. Such a source is necessary because it typically takes state regulators several months, or even years, following the law’s enactment to establish licensed retail operators.”

Full text of the study, “Home cultivation across Canadian provinces after cannabis legalization,” appears in Addictive Behavior Reports.