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German Lawmakers Call For Cannabis Legalization Bill To Be Expedited

How long is a reasonable amount of time to wait to get permission from the European Union before introducing an adult-use cannabis legalization measure? That is the multi-billion dollar question facing Germany’s Health Minister who made a legalization presentation to Germany’s federal cabinet late last month. The presentation to the federal cabinet served as the first true status update of sorts regarding the national legalization effort in Germany. As it currently stands, it is expected that early next year a legalization bill will be formally introduced in Germany. However, prior to that happening Germany’s government will continue to seek approval from the European Union, a strategy that some German lawmakers are pushing back on via their calls to introduce a measure by the end of this calendar year.

After the results of the 2021 federal election in Germany were finalized the incoming governing coalition wasted no time in announcing its intent to pursue adult-use legalization. For folks that were in attendance during the 2021 International Cannabis Business Conference in Berlin, held mere weeks before the historic election in Germany, the incoming governing coalition’s announcement was not entirely surprising. At the 2021 International Cannabis Business Conference in Berlin German lawmakers discussed their intent to legalize cannabis in detail if/when the election results were favorable. As we now know, the election results did indeed prove to be favorable for legalization.

‘Waiting Is Not An Option’

Late last week members from coalition government parties issued a demand that Health Minister Karl Lauterbach no longer wait for approval from the European Union, and instead formally introduce the adult-use legalization measure that he previously presented to the federal cabinet.

“Minister of Health Karl Lauterbach must now draw up a draft law for #Legalisierung from #Cannabis and present it promptly – waiting for #EU and remaining inactive is not an option! As the rapporteurs responsible, we are making that clear once again today.” stated Kirsten Kappert-Gonther (Greens) on Twitter (translated from German to English). Kirsten Kappert-Gonther was joined in her call for urgency by Kristine Lütke MdB (FDP).

“Minister of Health @Karl_Lauterbach must not remain idle until the #EU commission has given its feedback! He must submit a #Gesetzentwurf for #Cannabis legalization by the end of the year – so that the controlled release is implemented quickly and does not come until the end of 2023!” stated Kristine Lütke MdB on Twitter (translated from German to English).

Another member of the Bundestag , Carmen Wegge (SDP), also weighed in on calls to expedite the legalization measure’s introduction.

“We believe that waiting for the #EU is not an option. Lauterbach has a clear mandate to act – through the Koa contract and the decisions made by the cabinet #Eckpunkte . We expect him to fulfill this now, he set the schedule for this himself in the summer.” stated Carmen Wegge on Twitter (translated from German to English).

Why EU Approval Is Optimal

In the most perfect scenario, the European Union would sign off on Germany’s legalization plan. I will be the first to recognize that we do not live in a perfect world, that cannabis prohibition is one of the worst public policies in human history, and that legalization should occur as soon as possible. With that being said, if the European Union will grant Germany permission to proceed, it would save a lot of legal headache down the road, as previously described by Kai Friedrich Niermann. Kai and his law firm KFN+ advise major CBD and medical cannabis companies around the globe. Kai is also legal advisor to the European Industrial Hemp Association (EIHA), and a regular speaker at International Cannabis Business Conference events.

“I assume that preliminary talks have already been held with the European Commission, and that no fundamental reservations are to be expected in this respect. Particularly in view of the fact that a number of member states are also already making preparations for a reform of their national cannabis policies. Minister Lauterbach also assumes that if the EU Commission gives its approval in principle, lawsuits from other member states pursuing a more restrictive cannabis policy will have no chance of success.” Kai Friedrich Niermann previously conveyed to the International Cannabis Chronicle.

Cannabis opponents inside and outside of Germany are no doubt doing everything that they can right now to brainstorm ways to derail legalization. Just as German Health Minister Karl Lauterbach is in the process of lobbying the EU for a favorable outcome, Bavaria’s Health Minister is also lobbying the EU, but with the goal of achieving the opposite outcome. It’s a safe assumption that if a non-cannabis friendly EU member country can find any way to sue Germany to try to prevent legalization, it will do it. From that perspective, waiting for EU approval would be a great thing and save a lot of time and effort, and would minimize distractions. Of course, if the EU tries to slow the process down and drag it’s feet indefinitely, then at some point Germany will have to proceed. At what point that occurs, or if Germany is already at that point, is something that will continue to be hotly debated both inside and outside of Germany until there’s further movement.

Who Is Conducting The Legislative Review Of Canada’s Cannabis Act?

Canada is one of only three countries on earth where cannabis is legal nationwide for adult use. The only other two countries are Uruguay and Malta. Uruguay initially passed its legalization measure back in 2013, making it the first country to ever pass a national adult-use legalization measure. Malta passed its law, which is much more limited compared to its legalization peers, late last year.

Unlike Uruguay and Malta, Canada allows legal sales to people of legal age regardless of their residence status. Uruguay limits legal sales to residents only, and Malta has yet to issue any adult-use license of any kind, and as a result, adult-use sales are still prohibited in Malta.

As part of Canada’s legalization policy, a four year review is being conducted to determine what lessons can be learned from what is often described as ‘the biggest cannabis policy and industry experiment on planet earth.’ Canada’s government recently announced who will be conducting the legislative review. Below is more information about it via a news release from the Government of Canada:

Today, the Honourable Jean-Yves Duclos, Minister of Health, and the Honourable Carolyn Bennett, Minister of Mental Health and Addictions and Associate Minister of Health, announced the members of the Expert Panel on the legislative review of the Cannabis Act

The Panel will provide independent, expert advice to both ministers on progress made towards achieving the Act’s objectives and help identify potential areas for improving the functioning of the legislation.

The ministers have taken a number of factors, such as geography, expertise, and demographic representation, into consideration when making their selection. They have carefully selected individuals who represent Canada’s diversity, and collectively hold significant public sector experience, expertise in public health and justice, and experience engaging with Indigenous communities and organizations.

The Expert Panel, chaired by Morris Rosenberg, will lead a credible and inclusive review with the following members:

  • Dr. Oyedeji Ayonrinde
  • Dr. Patricia J. Conrod
  • Lynda L. Levesque
  • Dr. Peter Selby

The ministers have mandated the Expert Panel to engage with the public, governments, Indigenous peoples, youth, marginalized and racialized communities, cannabis industry representatives, and people who access cannabis for medical purposes, to gather their perspectives on the implementation and administration of the Cannabis Act. The independent Expert Panel is also expected to meet  and consult with experts in relevant fields, including, but not limited to, public health, substance use, criminal justice, law enforcement, Indigenous governance and rights and health care.

To help inform the Panel’s work, Health Canada has extended their online engagement process for Indigenous peoples. First Nations, Inuit, and Métis peoples are invited to read and provide feedback on the Summary from Engagement with First Nations, Inuit and Métis Peoples: The Cannabis Act and its Impacts, which is open until January 15, 2023.

Quotes

“The Expert Panel will provide us with an independent, inclusive and evidence-informed review of the Cannabis Act and its economic, social, and environmental impacts, as well as the progress that’s been made displacing the illicit cannabis market. We welcome the Expert Panel members and look forward to reviewing their findings to help address the ongoing and emerging needs of Canadians while protecting their health and safety.”

The Honourable Jean-Yves Duclos
Minister of Health

“The Cannabis Act has been instrumental in our efforts to protect youth from accessing cannabis, displacing the illegal market, and providing adult consumers with access to a safe supply of cannabis, but there’s more work to do. We congratulate the new members of the Expert Panel, and look forward to their work assessing our progress in meeting the goals of the Act and guiding our next steps.”

The Honourable Carolyn Bennett
Minister of Mental Health and Addictions and Associate Minister of Health 

“It’s my great pleasure to begin working with the members of the Expert Panel. Each member brings a wealth of experience and knowledge, which will be essential as we conduct a thorough, independent review of the Cannabis Act.”

Morris Rosenberg
Chair of the Expert Panel

Quick facts

  • The Act requires the Minister of Health to conduct a review of the legislation, its administration, and operation three years after coming into force, and for the Minister to table a report on this review in both Houses of Parliament 18 months after the review begins.
  • The legislative review will assess the progress made towards achieving the Act’s objectives, and will evaluate:
    • Impacts on young persons;
    • Progress towards providing adults with access to strictly regulated, lower risk, legal cannabis products;
    • Progress made in deterring criminal activity and displacing the illicit cannabis market;
    • Impacts of legalization and regulation on access to cannabis for medical purposes;
    • Impacts on First Nations, Inuit, and Métis Peoples and communities; and
    • Trends and impact of home cultivation of cannabis for non-medical purposes.
  • The Panel will broaden that focus to include:
    • Economic, social and environmental impacts of the Act;
    • Impacts on racialized communities, and women who might be at greater risk of harm or face greater barriers to participation in the legal industry based on identity or socio-economic factors.
  • Budget 2022 included a commitment that Innovation, Science, and Economic Development Canada (ISED) would establish a cannabis industry engagement mechanism to advance industry-government collaboration.
  • ISED is presently designing a cannabis forum that will foster industry-government dialogue, and provide a means for industry and government to examine issues relevant to the long-term competitiveness and stability of the sector.

Associated links

Contacts

Guillaume Bertrand
Senior Communications Advisor and Press Secretary
Office of the Honourable Jean-Yves Duclos
Minister of Health
613-957-0200

Maja Staka
Press Secretary
Office of the Honourable Carolyn Bennett
Minister of Mental Health and Addictions and Associate Minister of Health
343-552-5568

Media Relations
Health Canada
613-957-2983
media@hc-sc.gc.ca

Public Inquiries:
613-957-2991
1-866-225-0709

 

Limited Legalization Measure Introduced In Ireland

People Before Profit TD Gino Kenny has formally filed an adult-use legalization measure that would legalize cannabis possession for people 18 years old or older in Ireland. The long-anticipated measure was introduced late last week, and if passed into law, would legalize the personal possession of up to seven grams of cannabis flower and 2.5 grams of concentrates. The bill would not legalize cannabis sales.

“I believe that if passed, this bill will provide a stepping stone to a more progressive drug policy in Ireland.” TD Gino Kenny stated on Twitter.

The legalization bill is now before the lower chamber of Ireland’s legislative body (the Dáil Éireann). It is not expected that the bill will advance this year, with TD Gino Kenny indicating at the time of the bill’s submission that he expects it to be debated in 2023.

This particular measure’s future is uncertain, as it faces an uphill battle to gain traction among Ireland’s lawmakers. One leading lawmaker has already come out fairly forcefully in opposition to the measure. Per excerpts from Independent:

The Taoiseach has warned against cannabis being “glamorised” after new proposals are due to be brought before the Oireachtas on legalising possession of up to 7g.

The former health minister said he would be in favour of a more healthcare-based approach to addiction and warned about the harms of cannabis.

“I think we have to be careful that we don’t glamorise cannabis either because there are real concerns within the health community and the medical community about what cannabis can do to young people.”

Currently, the Misuse of Drugs Acts in Ireland provides for a fine of €1,000 in the District Courts for first and second offenses involving personal possession. Larger fines can be handed down in some instances. If someone commits the offense of personal possession and it’s their third or greater offense of its type, the offender can be sentenced to up to one year in prison.

The Criminal Justice Act in Ireland mandates that courts must consider giving a community service penalty in place of a prison sentence, and that affects some cases. A poll from 2021 found that 93% of people in Ireland support medical cannabis legalization, yet only 40% support adult-use legalization.

Romania’s Parliament Debates Medical Cannabis Reform

Earlier this week a medical cannabis policy reform debate was held in Romania. Organized by Romania’s Health Commission of the Chamber of Deputies in conjunction with the Victoria Mea Association, the passionate discussion focused on debating the benefits of medicinal cannabis with a focus on public health in Romania.

In addition to Cristina Dumitrache, PSD deputy and member of the Health and Family Committee of the Chamber of Deputies, and Alexandra Cârstea, the founder of the Victoria Mea association, the debate forum featured various leaders and speakers and included a presentation regarding what is going on in Germany.

Arguments were made both for and against medical cannabis reform in Romania, with examples of the some of the talking points being included below via Southwest Review News:

Alexandra Cârstea, President “Victoria Mia” Association: “Throughout my mother’s suffering, she was helped by medical cannabis“.

Adrienne Strainu Cercel, Chair of the Senate Health Committee: “Cannabis doesn’t cure, let’s get straight to this story. It does not shrink tumors. Don’t do any of these things“.

Liviu Mihaiu: “Hemp heals, Mr. Strainu Sercel. In Romania we have one million five hundred thousand cannabis smokers. I mean, do you know how many votes?“.

Christian Goisesi, sociologist: “The Romanian government is running after witches, targeting the criminal code and the enormous evidence against the people, treating them as criminals instead of treating them as victims and patients.

Much of what was discussed at the debate was favorable, although, as you can somewhat see in a comment above, there were certainly some archaic reefer madness talking points offered up by opponents as well. As a growing body of peer-reviewed research has found, as well as an ever-growing list of personal experiences, cannabis is indeed an effective and safe medicine.

As with every other country in the region, Romania is home to suffering patients. Those patients deserve to have safe access to medical cannabis if it helps them. Romania’s cannabis laws should be based on logic, science, and compassion, and not on greed and/or the illogical views of prohibitionist politicians.

Increased Safe Access In Poland Is A Good Thing

Poland may not be the first country that you think of when the topic of medical cannabis comes up, however, the country is currently experiencing a medical cannabis revolution of sorts, thanks in large part to how access to medical cannabis is determined. In a concept that should not be seen in any way as being controversial, Poland allows its doctors to ultimately decide who should qualify for medical cannabis prescriptions.

In many other jurisdictions, doctors can only approve suffering patients if they have been diagnosed with a qualifying condition. In some areas, the list of qualifying conditions is fairly robust. Yet, in many other areas the list of qualifying conditions can be very limited. In both cases, there are always some amount of suffering patients that do not qualify for a medical cannabis program because their condition or conditions are not on the list, which is truly unfortunate. Thankfully, Poland does not limit its doctors when it comes to medical cannabis and allows them to prescribe medical cannabis to anyone that they think it will help.

The Spread Of Safe Access

Medical cannabis reform was implemented in Poland in 2017, and as of last year doctors in the country were averaging roughly 3,000 medical cannabis patient approvals per month. When a medical cannabis program goes from zero to 3,000 new patients a month that may sound like a lot to some people, however, when put into proper context the monthly figure in Poland is not nearly as staggering as some cannabis opponents and mainstream media outlets seem to portray it to be.

For context, it is estimated that there are nearly 200,000 medical cannabis patients in Germany as of 2022. Taking the reported Poland medical cannabis patient statistic at face value, at roughly 3,000 patients being signed up per month Poland should now be home to roughly 36,000 annual medical cannabis patients. If those numbers are correct, that means that Germany has over five times as many medical cannabis patients compared to Poland even though Germany’s population (roughly 83 million people) is nowhere near five times that of Poland (roughly 38 million people).

The fact of the matter is that increased access to medical cannabis is a great thing. Suffering patients should always have safe access to effective medicine, including cannabis, and that is true in Poland just as it is true everywhere else. Deep down cannabis opponents know that, which is why they never seem to offer up actual evidence of a negative impact on public health when a medical cannabis program is increasing in size, but rather, they simply point to the fact that the program is increasing in size and then try to argue that the increase alone should be cause for alarm.

Trust The Experts

Medical doctors are trained, certified, and licensed. They are quite literally experts when it comes to human biology and medicine. Politicians and members of the mainstream media, on the other hand, are not experts when it comes to human biology and medicine, unless of course they double as licensed doctors. With that in mind, deciding what forms and frequencies of medical treatments are the most effective for a given patient and situation is something that should be determined by a doctor and the patient. Anyone that says otherwise is pushing a political agenda.

When a doctor prescribes medicine to a patient, they are doing so knowing that they could be putting their entire careers on the line. All of the years that they have put into developing their practice, including numerous grueling years in medical school, could all go up in smoke if they make a wrong move. No doctor is going to flush their careers down the drain just to help someone get stoned. When a doctor prescribes medical cannabis, including in Poland, they are doing so because cannabis is a proven medicine – a medicine that tens of thousands of peer reviewed studies have found to be safe and effective.

Canadian Chamber Of Commerce Weighs In On Legislative Review Of The Cannabis Act

Canada was the first G-7 nation to legalize cannabis for adult-use at the national level, and the second nation to do so on earth, only behind Uruguay. Yet, unlike Uruguay, Canada allows adult-use sales to anyone of legal age regardless of their residence status.

In many ways what has gone on in Canada since the launch of legalization in 2018 has served as the greatest cannabis public policy experiment since the dawn of prohibition. Many countries around the globe have kept a close eye on legalization unfolding in Canada to gain any insight and lessons learned.

Back in September Canada’s government launched a legislative review of the Cannabis Act so that it could determine any internal lessons to be learned.

“The objective of the Cannabis Act is twofold. First, it aims to protect the health and safety of Canadians while serving as a flexible legislative framework that adapts and responds to the ongoing and emerging needs of Canadians. Second, it provides for the establishment of a diverse and competitive legal industry made up of small and large players to displace the illicit market.” the government stated at the time of the launch of the review.

“Parliamentarians recognized the need for an early assessment of the Government’s new approach to cannabis control, and included a provision requiring a review in the Act. The review will help ensure that the Act adapts to the current situation and continues to meet Canadians needs and expectations.” the government stated back in September.

Part of the legislative review process involves soliciting feedback from the general public. On the four year anniversary of legalization in Canada, Health Canada announced that it was opening an online questionnaire and encouraged all Canadians to provide comments regarding their views on how legalization was going.

“As we look to the future, the Government of Canada will continue to provide clear, consistent and evidence-based information on the health and safety effects of cannabis use to people across the country, so they can better understand the risks and make more informed choices.” Health Canada stated back in October. The public comment period has since closed (on November 21, 2022).

Canada’s Chamber of Commerce recently offered up its recommendations regarding legalization in Canada and what the government can do to help cannabis businesses battle the unregulated market in a meaningful way.

“As part of the legislative review, the NCBC is proposing several recommendations to help businesses in the legal sector remain economically competitive in the long term and continue to displace the illicit market per the tenets of the Cannabis Act.” the Chamber of Commerce stated in its submission to the government.

The Chamber’s recommendations include:

  • Minimizing harms to protect Canadians
  • Education and awareness to support informed choices
  • Progress towards establishing a responsible supply chain
  • Access to cannabis for medical purposes

Canada’s legal cannabis industry is at a crossroads of sorts, in that a favorable legislative review combined with public policy and regulatory improvements could set up the nation’s industry for robust growth and reduced uncertainty well into the future.

Conversely, a review that yields an outcome that is not favorable could result in kneejerk public policy changes. If so, that would likely ensure that the unregulated industry thrives at the expense of the regulated market in the future. People can read the Chamber’s full submission language at the previously cited link found earlier in this article.

Religious Stigma Could Hinder Cannabis Reform In Sri Lanka

The cannabis plant has been used by various societies throughout history for spiritual purposes in many parts of the world. As far back as 2,400 years ago the Scythians used bongs made of solid gold to consume cannabis as part of their rituals.

In ancient Egypt, where spiritual beliefs and treating illnesses went hand in hand, the cannabis plant was seen as being tremendously useful. Traces of cannabis in various Egyptian artifacts goes back thousands of years.

The word ‘cannabis’ is believed to have originated from the Hebrew word “קנבוס” (“KaNaBoS”), and many believe that cannabis was a key ingredient in the anointing oil used in ancient Hebrew ceremonies. Many current religions use cannabis for sacramental purposes, including members of the Rastafarian religion.

Ironically, many of the most vocal cannabis opponents in recent decades come from religious communities. That is on display in Sri Lanka right now where religious leaders are pushing back on government plans to ramp up medical cannabis production and exports. Per Christianity Today:

Ven. Omalpe Sobitha Thera, a known Sri Lankan Buddhist monk, scholar, and researcher, explained that the government’s plan to legalize cannabis production could threaten citizens’ health and culture.

The monk added that Sri Lankans are being led to believe that cannabis is beneficial, which he countered is untrue. He also explained that the government must focus more on the evils of alcoholism and substance use instead of proposing laws that generate income taxes.

Additionally, a ‘priest, who refused to be named’ also spoke out about Sri Lanka’s cannabis pursuits in the cited article, urging the nation’s government to eradicate cannabis from Sri Lanka entirely rather than embrace it.

Even if the government did everything that it could, it’s doubtful that complete eradication could ever be achieved, in Sri Lanka or anywhere else except perhaps Antarctica. Cannabis has been used in Sri Lanka in traditional Ayurvedic medicine for centuries, and that is a practice that will presumably continue well into the future, if not forever.

For the record, what is being proposed in Sri Lanka is not geared towards domestic use, but rather, to produce medical cannabis domestically for the purpose of exporting it to other countries. Cannabis prohibition does not work, and it’s time for Sri Lanka to take a more sensible, compassionate approach to cannabis policy.

Legalization Moves A Step Closer In Colombia

Colombia has served in many ways as ‘ground zero’ for the war on drugs over several decades, and while cocaine was largely the focus of eradication and enforcement efforts, cannabis has played a significant role in the South American country as well.

Infamous cannabis smugglers in the 1970s, such as Robert Platshorn, would purchase cannabis by the ton in Colombia and smuggle it back to the United States where the ‘Colombian Red’ and other well-known strains would then make their way around North America.

Colombia, along with every other nation in South America, has explored reforming its cannabis laws with a new focus in recent years after Uruguay became the first country on earth to pass a nationwide adult-use cannabis legalization measure. Uruguay initially passed the measure in 2013, however, legal sales would not launch until a handful of years later.

By virtually every measure, cannabis legalization is working in Uruguay. And just as it is working in Uruguay, so too could it work in Colombia. Fortunately for sensible cannabis policy, legalization moved one step closer to becoming reality in Colombia this week, with Senators voting to advance a legalization measure. Per Marijuana Moment:

A bill to legalize marijuana in Colombia has been approved in a Senate committee for the first time, weeks after it also advanced in the country’s Chamber of Representatives.

Lawmakers have met several times in recent weeks to debate the reform proposal, which would amend the country’s Constitution to end cannabis prohibition for adults.

It passed the First Committee of the Senate on Tuesday by a vote of 11-4, though there are still more legislative steps that must be taken before it’s potentially enacted into law.

It’s absolutely worth noting that just because there is support for a legalization measure in general among lawmakers, and even though a measure is working its way through the political process, nothing is guaranteed. Mexico is a great example of that.

Mexico’s Supreme Court ruled years ago that cannabis prohibition as it pertained to individuals was unconstitutional. Lawmakers were tasked with passing a legalization measure and standing up a regulated industry, which has failed to happen so far. Hopefully we don’t see legalization stall in a similar fashion in Colombia and legalization continues to move forward without delay.

Ireland To See ‘Steppingstone’ Cannabis Reform Measure Introduced

A bill that would legalize the personal use of cannabis in Ireland was expected to be introduced last summer, however, that did not happen. People Before Profit TD Gino Kenny, who has long advocated for cannabis public policy reform in Ireland, is expected to finally introduce the measure in the coming days.

The Misuse of Drugs Acts is currently the binding law in Ireland, and it provides for a fine of €1,000 in the District Courts for first and second offenses involving personal cannabis possession. Larger fines can be handed down in some instances.

If someone commits the offense of personal possession and it’s their third or greater offense of its type, the offender can be sentenced to up to one year in prison, although, the Criminal Justice Act in Ireland mandates that courts must consider giving a community service penalty in place of a prison sentence, and that affects some cases.

The new measure is expected to be formally introduced next week, and is expected to largely be based on the principal of allowing people to consume cannabis in private and possess up to seven grams of cannabis flower. Per Independent:

People Before Profit TD Gino Kenny will set to introduce a bill in Leinster House next week which will be a steppingstone towards full regulation of cannabis.

The Dublin Mid-West TD hopes the bill will end the criminalisation of cannabis for personal use.

He told Independent.ie: “At the moment, cannabis cultivation and sale is largely controlled by the black market and criminal gangs.

It’s good news to hear that the legislation will be seen as a ‘steppingstone’ versus a ‘final solution.’ Being able to possess up to seven grams of cannabis without fear of prosecution is a great thing to be sure. However, until there are regulated sales permitted in Ireland, gangs and cartels will continue to control profits.

The chances of the limited bill passing is unclear at this time. Fortunately, cannabis reform is on the move at an ever-increasing pace outside of Ireland, including and especially in Europe. That will put pressure on lawmakers within Ireland. Will it be enough pressure to get this particular bill to the finish line? That’s anyone’s guess at this point, but it’s absolutely a situation worth monitoring closely.