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German Traffic Court Association Recommends An Increase In THC Driving Limits

Written by Marguerite Arnold on . Posted in Policy.

In a rather shocking victory, the German Traffic Court Association has recommended that legislators increase the level of THC found in blood of drivers suspected of drugged driving before being able to charge them

There has been an unbelievably surprising if not progressive victory on the recreational cannabis front in Germany this August that will certainly have long term implications. Namely, the German Traffic Court, by definition a conservative group that helps set rules on road safety, has recommended to legislators now trying to write cannabis reform legislation, that the current limits on THC levels should be raised from their current level before drivers can be charged with drugged driving.

The current limit is currently one nanogram of THC per millilitre of blood (or the smallest measurement possible). In other words, if one has inhaled any cannabis within the last 60 days, it might prohibit one from driving altogether.

Clearly this is an impossible standard. Yet unlike the police, the Traffic Court has suggested that this limit be increased, citing the impossibility of enforcement once recreational reform becomes legal.

What that limit should be, however, is another question – and further one that went unanswered by the Association.

Regardless this is a highly significant advance for reform. The Association’s recommendations are frequently used by lawmakers when crafting legislation. It is likely that this one will be too.

Driving and Cannabis Use

The entire conversation about driving and cannabis use is one that has been festering in Germany ever since 2017. Namely, patients, who are likely to have the largest concentrations of cannabis in their system but are the least likely to be “high” when driving, have been left in an uneasy legal limbo.

It appears that the Traffic Court has recognized both this, and the other large issue lurking in the room – namely how to judge if someone is impaired by weed while driving by measuring any body fluid.

Impairment from THC intoxication generally lasts no longer than five hours. The problem is finding a test that will accurately reveal if a driver was on the road within this window of time.

Blood tests, rather than hair or urine, are the go-to tests for police inquiries in drugged driving cases.

In the United States, new breathalysers are also being used in some states by the police, although their use is still not only controversial, but even the police prefer blood tests.

It is not clear how such testing would be performed in Germany post legalization.

One thing is for sure. It is far easier to recommend that the current ridiculously low limits be raised – and another to determine what those limits should be.

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Emmanuel Macron’s Left Flank Presses Him On Full Cannabis Reform

Written by Marguerite Arnold on . Posted in Policy.

31 senators challenged President Macron on the pages of Le Monde last week to implement full cannabis legalization – but what does this really mean for reform in France?

Cannabis usually exists, still, in the political fault lines, just about everywhere.

That is certainly true in France at the moment. Last Monday, thirty-one federal French senators published a letter in Le Monde, one of the most popular newspapers in France, calling for full legalization. Decrim, as they argued, is a cynical half step.

It is a fascinating development – and for several reasons – both about and beyond the legalization discussion specifically. On the cannabis front, it comes during the first year of France’s much delayed medical trial. It is also happening in a country which has already helped set European cannabis policy – on CBD.

Apart from this, however, the political impetus behind this declaration is absolutely a challenge to the status quo – and from a place that sitting president Emmanuel Macron cannot ignore. Namely, despite the fact that he has repeatedly said he would never implement recreational reform, this new challenge is coming from a group he needs to stave off the extreme right wing – both of whom are anti Europe and cannabis – after he lost a majority in Parliament this summer.

Despite the fact that Macron has repeatedly shown that he is a politician who can only be moved by increments, the fact that this bloc has also called for him to speed up, rather than incrementally implement the cannabis reform process says a great deal about the political climate locally, beyond just cannabis reform.

France’s Role in the European Cannabis Bloc

Right now, Germany is very publicly debating how it might implement recreational cannabis reform without violating the international treaties on drug control that, of course, also cover cannabis. The one that is most mentioned in Europe is the 1961 Single Convention on Narcotic Drugs. This is why three countries (so far) – namely Germany, Luxembourg, and Malta – have begun to meet on a multilateral basis to discuss how to proceed.

France as the bloc’s second largest economy, no doubt, should join that table. And Macron, as a committed pro EU politician, is going to have little wiggle room to completely ignore this development. This will be even more true as other countries begin to join this conversation – from Portugal and Italy to Greece and Spain beyond that.

One thing is for sure. France may not be on the leading edge of the revolution, but it is certainly joining the party – despite the wishes of its top politician.

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Latin American Cannabis Exports To Europe Are Increasing – And Increasingly Important

Written by Marguerite Arnold on . Posted in Business, Policy.

Central and South America are playing an ever more vital role in European cannabis market development

The first shipment of CBD from Ecuador to Switzerland has successfully landed. Even though the amounts were small – 5kg of hemp flower and one litre of CBD extract – the longer-term impact is potentially very large. Indeed, this step is an important one across the EU’s map of cannabis reform where there is a growing need for both hemp and higher THC products – but a growing question about where affordable flower and products will come from.

So far, the Ecuadorian experiment has been neither cheap or easy. Bureaucratic hurdles on both sides of the border were the order of the day. However, the potential of Latin American and African exports entering Europe is something that is beginning to trickle down – from the largest producers to smaller enterprises.

This is true of the CBD and medical market. It is also clearly going to be on the drawing board for recreational too.

Costa Rican President Fast Tracks Recreational Cannabis Reform

The newly sworn in President, Rodrigo Chaves, has prioritized the legalization of recreational cannabis while also promising to publish long awaited regulation on the medical side – which has already been approved by Congress.

This in turn will open up two important sources of income for the country – both domestically and via export.

Whether recreational reform clears the Costa Rican political opposition still aligned against it is another matter – but with a president enthusiastically behind the same, this is much more likely to happen in Chaves’ first term. This is even more the case when one considers evolving reform discussions elsewhere.

Beyond this, such developments will cement Costa Rica’s popularity as a medical vacation destination – if not create the second recreational market in the region (after Uruguay).

On the export side of the discussion, things will also become very interesting. One of the outstanding questions about pending recreational reform in Germany is where such product would come from, if outside of the country. Shipping properly regulated product between countries where cannabis reform is federally and recreationally legal may well end up being one solution to the problem of compliance with international drug control treaties still in force.

This discussion of course is not just limited to Ecuador and Costa Rica. Columbia is beginning to look even more strategically important in the provision of at least medical cannabis to Europe. And then of course there is the unrealized potential of Uruguay.

No matter what, it is clear that Europe is going to see an influx of cannabis flower if not products from this part of the world – and increasingly it is on a timeline of sooner rather than later.

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Legacy Vs. “Legitimate” Cannabis? The Answers Are Not So Clearcut

Written by Marguerite Arnold on . Posted in Business, Policy.

The line between legitimacy and legacy is increasingly blurry – and it is not clear that legalization will change this

In New York State, products from around the country are showing up on dispensary shelves. In South Africa, a fierce debate has broken out about preserving the ability of farmers in the Pondoland to grow their own cannabis (for sale elsewhere) without a license. The same kinds of issues are also present in Canada, where patients continue to have to defend their right to cultivate their own medicine. In Europe, indoor only GMP growing processes mandated by the German government are being challenged in other countries (and by the biggest cultivators).

No matter the details, there is one constant to this conversation. The entire debate around regulating either the medical or the recreational market and further distinguishing either from hobby cultivation is currently front and centre in countries across the region. This includes Malta, Italy, Luxembourg, and Germany. Holland appears to be moving in a direction that Spain might go with its clubs – namely crafting a national regulation for all cannabis that is commercially consumed – but it is pretty clear that non-licensed growing is not just going to end – certainly not overnight.

The reality is as legalization proceeds, there is often a very grey line between what is legit and what is not, as much as some would claim. But it is in these grey areas that policy is being written. How much of this will actually succeed?

It is not like there is a roadmap. There is no similar precedent anywhere. Nobody ever tried to regulate poppy farmers.

Home Grow Vs. Commercial Cultivation

There are two main issues that have never been adequately addressed, anywhere. The first is that banning a plant is impossible – much less preventing people from growing one. The second, however, is a discussion about commercial production (for either the medical or recreational market).

Yet in an environment where even the largest companies have been caught out – and for either malfeasance or being in the middle of changing regulations – finding a middle ground if not a transition path is anything but easy.

This is especially true in an environment where the vast majority of legacy growers feel “left behind” by an industry that is rapidly formalizing if not internationalizing. Most of this is caused by the cost of licensing and legitimacy measures beyond this that stretch through the entire supply chain.

There are also no easy answers when it comes to drawing the lines between non-profit vs for profit production either – which continue to get complicated beyond this in the private vs public company debate.

One thing is for sure. Legalization is opening up just as many thorny issues as the Drug War ever did.

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Malaysia To Learn About Thailand’s Cannabis Policies In Upcoming Meeting

Written by Johnny Green on . Posted in Policy.

Malaysia is home to some of the worst cannabis policies on the entire planet. To hammer home that point, consider the fact that people can still receive the death penalty for cannabis-only offenses in Malaysia.

Someone getting caught in possession of more than 200 grams of cannabis in Malaysia automatically yields the death penalty, even in cases which the person caught with the cannabis is using it for medical purposes.

Two hundred grams may seem like a lot of cannabis for one person to possess, however, that’s not an uncommon amount for someone that is using cannabis for medical purposes. In order to make strong edibles, which is a common consumption method for patients, recipes can call for well over 200 grams of raw cannabis.

Fortunately for medical cannabis patients, Malaysia seems to at least be exploring the idea of reforming its cannabis laws to allow some form of medical use. Medical cannabis efforts will get a boost next week when officials from Malaysia and Thailand meet. Per Reuters:

Malaysia plans to learn from the cannabis policy of neighbouring Thailand in its effort to legalise use of the drug for medical purposes, a health ministry official said on Wednesday, in a country where possession can bring the death penalty now.

The comments came after the Thai health minister said he would meet his Malaysian counterpart during a meeting of APEC health ministers next week where Thailand will showcase its work in legalising medicinal marijuana.

Suffering patients exist in every country on the planet, including in Malaysia. Patients everywhere deserve to have safe access to effective medicines in Malaysia and everywhere else, and that includes medical cannabis.

Hopefully the upcoming meeting involving health officials from Malaysia and Thailand will be constructive and yield results throughout the region. After all, Malaysia is not the only country in the region with horrific cannabis laws.

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Why Is Spain Sanctioning People For Cannabis Use?

Written by Johnny Green on . Posted in Policy.

Spain may not have the highest usage rate when it comes to cannabis on the European continent, however, it does sanction more cannabis users compared to its European counterparts according to a new statistical analysis.

The statistics of the European Observatory collected data provided by various European countries in regards to cannabis sanctions. The data was not for trafficking or cultivating cannabis, only cannabis use.

Even though Spain ranks third among European countries for cannabis use rates, it is first in issuing sanctions to consumers, and second place isn’t close. Per Publico:

Spain is the country in Europe where the use of cannabis is sanctioned the most, and by far , despite the fact that it ranks third in consumption, according to data from the 2022 report of the European Drug Observatory. Such is the difference that in Spain 43% of administrative or criminal offenses have been imposed -depending on the country’s legislation- committed in Europe for consumption or possession of marijuana. And the Citizen Security Law, better known as the Gag Law, has a lot to do with it.

According to the article in Publico, the Czech Republic and France have the greatest cannabis consumption rates in Europe. Compared to the Czech Republic, Spain issues 62 times more sanctions for cannabis use. That’s not 62% – it’s 62 times as many.

Cannabis is easily accessible in Spain, either via a club or a local dealer, and that has been the case for quite a while now. With cannabis reform spreading across the European continent, Spain needs to get it in gear and get on the right side of history.

Malta became the first European nation to pass an adult-use legalization measure late last year, and Germany is trending towards legalization. Countries like Denmark and Switzerland already have adult-use pilot programs.

Spain would be wise to take its rightful spot as a continental cannabis industry leader by passing reform measures. Cannabis prohibition is a failed public policy, and that is true in Spain just as it is true everywhere else.

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Prior Cannabis Use Inversely Associated With Urological Cancers

Written by Frank Schuler on . Posted in Science.

Urological cancers can occur in both men and women and are caused by abnormal cell growths in the organs of the urinary tract and the male reproductive tract.

The specific types of urological cancers can affect the kidneys, ureter, bladder, urethra, prostate, and/or testicles. The most common type of urologic cancer is bladder cancer.

Various things can contribute to the development of urological cancers, including genetics and environmental factors, with tobacco use being a notable contributing factor.

Common treatments include surgery, radiation, chemotherapy, and in some cases immunotherapy. Past cannabis use is associated with a lower risk of urological cancers according to a new study. Below is more information about it via a news release from NORML:

London, United Kingdom: Women with a past history of cannabis use are at lower risk of suffering from certain types of urological cancers, according to population-based data published in the journal Cancer Medicine.

An international team of researchers from China, France, and the United Kingdom assessed the relationship between cannabis use and cancer risk in a cohort of more than 151,000 subjects.

Investigators reported, “Previous use of cannabis was a significant protective factor” in women against renal cell carcinoma (RCC) and bladder cancer (BCa). They further reported that “previous cannabis use was a significant protective factor for PCa (prostate cancer) in men with a history of tobacco smoking.” A history of cannabis use had a null effect on rates of testicular cancer.

Authors concluded: “In the current study, we investigated the association between the use of cannabis and the risk of urological cancers. We observed that: (1) previous use of cannabis was a significant inverse association with both RCC and PCa; (2) cannabis use was associated with the lower risk of BCa in the point estimates; (3) the protective effect of cannabis on RCC and BCa was significant for females but not for males; (4) cannabis use had a causal effect on lower incidence of RCC.”

Prior studies have similarly identified an inverse association between a past history of cannabis use and the development of certain types of cancers, including bladder cancer, liver cancer, and head and neck cancers.

Full text of the study, “Association between cannabis use with urological cancers: A population-based cohort study and mendelian randomization study in the UK biobank,” appears in Cancer Medicine.

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Judge Grants Home Cultivation Protection To Cannabis Patient In Brazil

Written by Frank Schuler on . Posted in Policy.

Back in June 2022, Brazil’s top Court ruled in favor of three patients that sought to cultivate their own cannabis. The Court at the time seemed to indicate that it felt Brazil’s government was purposefully trying to hinder safe access.

Another court case in Brazil was recently decided, this time involving one medical cannabis patient, and the ruling is in line with the previous top Court ruling that favored home cultivation. Per Extra:

A woman obtained in court a preventive habeas corpus that allows her to grow cannabis sativa for oil extraction for personal and medicinal use, in addition to authorization to import seeds. The request was made by lawyers Thais Menezes and Marianna Mendonça to the 7th Federal Criminal Court of Rio de Janeiro and granted by Judge Caroline Vieira Figueired.

According to the ruling, the patient in this latest case can cultivate up to 21 plants every 4 months, or a total of 63 plants per year. The patient reportedly will use the harvests to make cannabis oil.

A big part of the court’s decision seemed to hinge on the patient’s inability to pay the costs of imported cannabis oil products, which can be very expensive. I suspect this patient’s situation is more common than many people think.

Every patient should be able to cultivate their own medical cannabis within reason. Not every patient has the ability to cultivate cannabis due to physical and logistical hurdles, however, every patient should have the right to home cultivation regardless.

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More Britons Support Decriminalizing Cannabis Than Oppose It

Written by Frank Schuler on . Posted in Policy.

While many parts of the world are now trending towards adult-use legalization and/or comprehensive medical cannabis reform, if they haven’t already implemented such reforms, Britain continues to lag behind.

Technically, Britain does allow limited use of cannabis for medical purposes, with a heavy emphasis on the word ‘limited.’ It’s estimated that well over a million people in Britain could benefit from medical cannabis, however, the number of people actually afforded safe access is minimal.

Non-medical cannabis reform seems even further out of reach than comprehensive medical cannabis reform, although that’s not due to a lack of support from British citizens.

YouGov recently conducted a survey in which it asked the question, “To what extent would you support or oppose the de-criminalisation of the following currently banned substances?”

Out of the fourteen substances listed, cannabis was the only substance that received a greater level of support compared to the level for opposing reform.

Forty-five percent of respondents expressed support for decriminalizing cannabis while forty-three percent were opposed. Thirteen percent of respondents indicated that they ‘don’t know’ which way they feel about the question.

The next closest substance on the results chart was mushrooms, which received 28% support, 55% opposed, and 17% undecided.

The thirteen percent of undecided citizens when it came to decriminalizing cannabis is obviously significant, in that it’s a large enough percentage of people that if they decided to join the ‘opposed’ camp, that would obviously result in a majority.

However, those people could just as easily fall on the ‘support’ side of the equation, and studies have consistently found that the level of support for cannabis reform in polls is lower than the actual level of support in society. Hopefully lawmakers in Britain take notice.