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Spain Cannabis Regulatory Measure Amended To Address CBD Products

Lawmakers and regulators in Spain are making what appears to be a final push to finally approve and implement a long-awaited medical cannabis regulatory measure. Spain has long been home to a thriving medical cannabis community and market, however, regulations for the nation’s domestic medical cannabis industry have proved to be elusive for years.

The effort to bring Spain’s medical cannabis policies into the modern age passed a major milestone back in October 2024 when the nation’s Ministry of Health published a draft royal decree focused on medical cannabis. The measure is reportedly moving forward, and was recently amended to address concerns over how it would potentially impact CBD products.

“Thanks to the coordinated lobbying efforts of EIHA, alongside other associations and manufacturers, the Spanish government has amended the draft Royal Decree on cannabis regulation from October 2024.” the European Industrial Hemp Association (EIHA) stated about the amendment.

“The risky sentence “regardless of its cannabinoid content”, which posed a serious threat by potentially classifying CBD as a narcotic, has been replaced with: “preparations with a THC content equal to or greater than 0.2% by weight will be considered psychotropic and will be subject to the control measures.”” EIHA also stated.

“This draft Royal Decree establishes the conditions for the prescription, preparation, dispensing, and use of standardised master formulas for cannabis preparations. Likewise, it establishes a register for standardised cannabis preparations used in the elaboration of these master formulas, in order to guarantee their quality.” the official language of the Royal Decree states (translated from Spanish to English).

“In the preparation of this draft, the different normative regulations on the regulation of medical cannabis in countries of the European Union (France, the Netherlands, the Czech Republic, Croatia, Portugal, Italy, Germany…) and in third countries (Switzerland, Israel, the United Kingdom, Canada…) have been considered. The review has been carried out considering its scientific basis, based on evidence published in scientific literature, the available information on the functioning of the different systems and their health effects, and the possibility its adaptation to the Spanish regulatory framework.” the Decree also states.

Despite the lack of proper regulations in Spain, the nation’s cannabis industry is thriving, albeit not within a regulated system. Suffering patients deserve to have safe access to safe medical cannabis therapies, and entrepreneurs and investors deserve to operate in a business environment that is built on a strong foundation of certainty.

European Parliament Accepts Low-THC Cannabis Petition

Cannabis products that are low in THC are very popular in many parts of the world right now, particularly in Europe. ‘Cannabis light,’ as it is sometimes referred to, is widespread across the European continent.

Italy is a market where cannabis light products are very popular, however, the products have been the target of recent crackdown attempts by Italian lawmakers and regulators. Attempts to ban Italy’s cannabis light industry resulted in a petition being previously submitted to the European Parliament, and the petition was recently accepted.

“The petition presented by several national acronyms last September was accepted by the Petitions Committee (PETI) of the European Parliament. Its chairman, Polish conservative Bogdan Rzońca, asked the European Commission to “conduct a preliminary investigation into the issue.” reported EUNews in its recent coverage.

“In the response addressed to the president of Canapa Sativa Italia, Mattia Cusani (the first signatory of the petition that gathered the yes of Confagricoltura, Cia, Copagri, Cna Agroalimentare, Unci, Liberi Agricoltori, Altragricoltura, Associazione Florovivaisti Italiani, Federcanapa, Sardinia Cannabis, Assocanapa, Resilienza Italia Onlus, Canapa delle Marche, the European Industrial Hemp Association -EIHA, and the French UPCBD) the PETI committee pointed out that the Court of Justice of the European Union, in a judgement of October 4, 2024, ruled that Member States may not impose restrictions on the cultivation of industrial hemp, including indoor cultivation and cultivation exclusively for the production of inflorescences, unless such restrictions are supported by factual scientific evidence relating to the protection of public health.” the outlet also reported.

The battle over cannabis light in Italy and other parts of Europe comes at a time when many European countries are working to modernize their cannabis policies. Most European nations now have some type of medical cannabis program operating to some degree.

Currently, cannabis that is not low in THC is expressly legal for adult use in Malta, Luxembourg, and Germany. Additionally, regional adult-use cannabis commerce pilot trials are operating in the Netherlands and Switzerland.

An Important Upcoming Election For German Cannabis

Germany is currently home to the most exciting legal cannabis industry in Europe. In addition to adult-use cannabis being legal and sectors involved with recreational home cultivation, consumption, and cultivation associations increasing in size every month, Germany’s medical cannabis industry is booming by every measure.

Against that backdrop, the upcoming federal election in Germany is set for February 23, 2025. Germany’s president previously announced the dissolution of the lower house of parliament, and with Chancellor Olaf Scholz also losing a confidence vote in December, it paved the way for an early election. The stakes for cannabis policy in Germany could not be higher.

As the German Cannabis Business Association (BvCW) pointed out in a recent newsletter, the upcoming federal election in Germany could prove to be “decisive for the future of cannabis legalization in Germany.” Will the country continue its push for policy and regulatory modernization, will the current status quo remain, or will Germany regress on cannabis policy? It all depends on who gets elected.

BvCW provided a roundup of where political parties stand this week, stating (translated from German to English) that “while the SPD , the Greens , the FDP and the Left are in favor of a continuation or expansion of the current partial legalization, the CDU and AfD want to repeal the cannabis law and are taking a restrictive line.”

“The SPD is planning legalization in line with European law, the Greens are calling for specialist shops and international reform. The FDP is remaining vague and sticking to the current law, while the Left is the only party calling for complete decriminalization of all drug users and regulated access for other substances as well.” BvCW also stated. “The CDU and AfD argue that partial legalization has not reduced the black market and see it as a failure. Experts disagree and criticize that a return to prohibition would criminalize millions of people again. The  BSW does not comment on drug policy.”

The German Hemp Association (DHV) also issued its own election analysis, urging German voters to select candidates from the Left party, stating (translated from German to English) “The Left, freed from the hesitant Wagenknecht fans, can really take off and take a clear stance.”

“With the best program and convincing answers, Die Linke is the clear winner of the election check and our clear recommendation to vote for. It is the only party that identifies a specific need for changes to the CanG.”

“We can expect all three traffic light parties to defend the Cannabis Act against the prohibition parties. However, all three parties have not made a perfect impression due to unnecessary resistance from their responsible ministers and state associations.” DHV stated about the SPD, Greens, and FDP parties.

“The CDU and AfD clearly position themselves as opponents of cannabis. Both parties want to reverse decriminalization and prosecute cannabis users again.” DHV also stated in its election analysis.

Law Enforcement Against Prohibition’s (LEAP) board members in Germany have also issued election guidance. LEAP was originally started in the United States by former members of law enforcement who oppose the harms of cannabis prohibition and has since expanded internationally. While LEAP did not issue any voting endorsements in Germany, it did make its position clear that Germany must not regress on cannabis policy and voters need to ensure that doesn’t happen in the upcoming election.

“We recognize that in the current legislative period, with the Consumer Cannabis Act and the transfer of cannabis for medical and medical-scientific purposes into a separate law, significant progress has been made towards a rational decriminalization of consumers. However, we are also concerned that some parties want to reverse the progress made so far in drug policy and thus, with their statements in their election manifestos, are diametrically opposed to our goals as LEAP Germany.” the organization’s Board in Germany stated (translated from German to English).

“We are not making any election recommendations, but for us as the LEAP board, it is absolutely clear that we can only vote for a party that advocates maintaining the progress made and further developing an evidence-based drug policy and that recognizes that the prohibition of the past decades has failed and instead focuses on health policy instruments in dealing with addictive substances.” organization leadership also stated.

For further analysis of Germany’s upcoming election and how cannabis policy may be affected, check out the International Cannabis Business Conference’s recent conversation with leading international attorney Peter Homberg of gunnercooke.

Hemp Flowers Are Now Subject To Austria’s Tobacco Tax

The level of popularity for hemp flowers among cannabis consumers has exploded in recent years, particularly in Europe. ‘Cannabis light,’ as it is sometimes referred to, contains low enough levels of THC that many markets in Europe permit sales of it.

Whereas adult-use cannabis commerce for products derived from non-hemp sources remains illegal throughout most of Europe, commerce involving hemp products is often legal to some degree. Hemp flowers are a bit of a grey area from a regulatory standpoint in much of Europe. In Austria, a recent court decision declared that hemp flowers are subject to the nation’s tobacco tax.

“The Austrian Administrative Court (VwGH) has recently ruled that dried hemp flowers with a THC content of up to 0.3% are subject to tobacco tax.” reported Cannabis Industrie in its original coverage. “In addition to the tax liability, these products are also subject to the Tobacco Monopoly Act, which means that they may only be sold through tobacco shops.”

“The decision of the VwGH could have far-reaching consequences for the cannabis industry in Austria. Producers and distributors must now adapt to the new regulations and comply with the sales restrictions. This could lead to a shift in the market and possibly new legal challenges.” the outlet also reported.

According to analysts at the Tax Foundation, Austria places a €3.32 excise duty per 20-pack of tobacco cigarettes. An additional ‘value added tax’ or VAT is also placed on tobacco products, raising the total tax per pack of tobacco cigarettes to €4.23. The Tax Foundation estimates that tax as a share of the final selling price per pack of tobacco cigarettes is 77%.

Regulators across Europe, and many other parts of the world, are struggling to rectify the inconsistencies in laws and regulations pertaining to consumable hemp products. For many years, hemp products were largely limited to textiles. However, many savvy entrepreneurs are bringing more consumable hemp products to emerging markets, and policymakers are scrambling to try to catch up.

Malta Cannabis Associations Permitted To Sell Concentrates Later This Year

Malta will forever hold the distinction of being the first European nation to adopt a national recreational cannabis legalization measure. Lawmakers in Malta approved adult-use legalization in 2021, permitting adults to cultivate, possess, and consume cannabis.

Before Malta approved legalization, the only other nations to do so previously were Uruguay in 2013 and Canada in 2018. A major component of Malta’s legalization model is permitting cultivation associations, sometimes referred to as clubs. Members can source cannabis legally through the associations.

So far, cultivation associations in Malta have only sold cannabis flower. However, starting later this year cannabis cultivation associations in Malta will also be able to sell certain concentrated cannabis products to their members.

“Malta’s cannabis associations will be allowed to sell cannabis resin and rosin, the Authority for the Responsible Use of Cannabis (ARUC) Executive Chairperson Joey Reno Vella confirmed to MaltaToday.” reported MaltaToday in its local coverage.

“ARUC is in the process of updating its Directives to permit the distribution of cannabis resin (hash) and similar processed products, such as rosin, through licensed CHRAs. However, it is imperative to highlight that only solvent-free, non-chemical extraction processes will be authorised. The use of solvents and/or chemical agents for the production of cannabis derivatives remains strictly prohibited. Additionally, the conversion of cannabis into oils and tinctures will not be permitted under these amendments,” Joey Reno Vella said according to the media outlet.

Cannabis concentrates, sometimes referred to as cannabis extracts, are very popular among adult cannabis consumers and medical cannabis patients. According to Coherent Market Insights, the global cannabis extract market “is expected to reach USD 38.13 Bn by 2031, exhibiting a compound annual growth rate (CAGR) of 17.4% from 2024 to 2031.”

In other recent cannabis news out of Malta, the Authority for the Responsible Use of Cannabis signed an agreement with the University of Malta to conduct cannabis-based research.

“The authority and the university’s chemistry department plan to study pesticides and “substances” found in legal and illegal cannabis by next October, with legal samples from cannabis associations and illegal samples held by the courts due to be tested.” reported Times of Malta.

“The tests aim to scientifically demonstrate how the dangers of controlled – legally grown – cannabis and illegal offerings vary, Reforms Junior Minister Rebecca Buttigieg said.” the local media outlet also reported.

German Pharmacists Oppose Reclassifying Cannabis As A Narcotic Drug

German pharmacist Florian Sedlmeier and other members of Germany’s pharmacy industry are publicly pushing back on an effort by cannabis opponents in Germany to reclassify cannabis as a narcotic drug in the European nation. Cannabis was removed from Germany’s Narcotics List last year as part of the enactment of the CanG law.

“Pharmacist Florian Sedlmeier warns against reclassifying medicinal cannabis as a narcotic drug (BtM). Such a step would increase the bureaucratic burden and make it more difficult to provide patients with rapid care, ” stated the German Cannabis Business Association (BvCW) in its recent newsletter, citing an article from apotheke-adhoc. “He considers the concern expressed by SPD Health Minister Clemens Hoch that medicinal cannabis can be ordered too easily online to be understandable, but stresses that pharmacies carefully check prescriptions and licenses.”

“Reclassification as a narcotic would not curb the black market, but rather limit storage and the range of products available in pharmacies. Pharmacies are currently benefiting from the fact that medicinal cannabis no longer has to be stored in safes and can be prescribed more easily using e-prescriptions or model 16 forms. Instead of returning to the narcotic prescription requirement, Sedlmeier proposes stricter control of medical prescriptions, for example by requiring doctors to submit prescriptions and possible sanctions in the event of misuse.” BvCW also reported.

Germany implemented the first provisions of its new adult-use cannabis legalization law on April 1st, 2024, legalizing the personal cultivation, possession, and consumption of cannabis by adults. Another major component of the first provisions involved the previously referenced removal of cannabis from the nation’s Narcotics List.

According to a recent report by the Bloomwell Group, prescriptions for medical cannabis in Germany increased by roughly 1,000% between March 2024 and December 2024. The report also found that prices for medical cannabis products are decreasing in Europe’s largest medical cannabis market.

Another component of Germany’s new legalization model involves permitting cultivation associations. The application process for cultivation associations started on July 1st, 2024, and to date, 83 cultivation applications have been approved, with hundreds more working their way through the process.

Germany was already home to the largest legal medical cannabis industry in Europe before the enactment of adult-use legalization, and changes in medical cannabis policies and regulations in 2024 have resulted in a domestic medical cannabis boom, as demonstrated by the data in Bloomwell’s recent report.

Legal medical cannabis imports continue to rise in Germany as well. During the first three full months following Germany’s enactment of the CanG adult-use legalization law (Q3), legal medical cannabis imports increased by over 70% compared to the previous period.

Alex Rogers, founder and CEO of the International Cannabis Business Conference, recently visited Helios’ Munich pharmacy location to see their world-class operations firsthand, which can be viewed in the video embedded below. The video provides a great glimpse into Germany’s emerging legal medical cannabis industry:

German Government: No Connection Between Cannabis Legalization And Organized Crime

Since the implementation of the first provisions of adult-use cannabis legalization in Germany back on April 1st, 2024, some cannabis opponents inside and outside of the country have tried to claim that recreational legalization is causing a spike in organized crime activity.

However, in the federal government’s answer to a recent inquiry made by the CDU/CSU parliamentary group regarding the “Mocro Mafia” in North Rhine-Westphalia, it was made clear that this is not the case based on the available evidence. The question and answer was included in the German Cannabis Business Association’s (BvCW) recent newsletter.

“Does the federal government see a connection between the legalization of cannabis and the increase in organized crime? especially the “Mocro-Mafia” in North Rhine-Westphalia (NRW), and if not, why not?” was the question posed by the CDU/CSU faction (question #27, translated from German to English).

“The legal changes as part of the legalization of cannabis are only been in force for a few months. At present, no conclusions can be made about the impact on organized crime. Over and beyond
the events mentioned in North Rhine-Westphalia are probably not due to the partial legalization of cannabis, but rather to independent conflicts between rival criminal gangs.” the federal government stated in response to the question.

The answer from Germany’s federal government comes on the heels of the results of a peer-reviewed study being published that addressed another claim made by global cannabis opponents, this one being based on the claim that ‘legal cannabis sales lead to a spike in emergency room visits.’

“This study investigates the impact of recreational cannabis retailer allocation on emergency department (ED) visits related to cannabis, alcohol, and opioids.” the researchers in the recent study stated. The study used data from Canada’s legal recreational market which launched in 2018.

“No significant effects were found in cannabis, alcohol, or opioid-related ED visits following the allocation of cannabis retailers.” the researchers concluded. “The allocation of recreational cannabis retailer licenses did not significantly impact acute care use.”

Another common claim made by cannabis opponents is that ‘cannabis legalization harms youth and increases youth consumption rates.’ Numerous studies have looked at the data in the United States where several state-level legalization laws have been adopted going back to 2012.

“Youth marijuana use declined in 19 out of 21 states that legalized adult-use marijuana—with teen cannabis consumption down an average of 35 percent in the first states to legalize a decade ago—according to government data.” Marijuana Moment stated in its recent reporting.

Himachal Pradesh Cabinet Approves Hemp Pilot

The government in Himachal Pradesh, a state in India, has approved a pilot study to examine the potential benefits of permitting industrial hemp cultivation and the creation of related medical products and scientific research.

“The Himachal Pradesh cabinet has approved the report of a committee recommending the controlled cultivation of cannabis for industrial, scientific, and medicinal purposes, setting the stage for its legalisation in the state. The report, previously passed by the Himachal Vidhan Sabha, was prepared with inputs from opposition BJP members, horticulture experts, and scientists.” Indian Express stated in its local coverage.

“Controlled cannabis cultivation will be undertaken jointly by two agricultural universities—Chaudhary Sarwan Kumar Krishi Vishvavidyalaya, Palampur, and Dr YS Parmar University of Horticulture, Nauni, Solan. The Agriculture Department has been designated as the nodal body for the initiative.” the outlet also reported.

A recent market analysis by Knowledge Sourcing Intelligence estimates that the global industrial hemp market “is forecasted to grow at a CAGR of 17.75% between US$9.913 billion in 2025 to US$22.438 billion in 2030.”

A separate market analysis recently published by Markets and Markets predicts an even larger global industrial hemp market in the future, estimating that “the industrial hemp market is estimated at USD 11.03 billion in 2024 and is projected to reach USD 30.24 billion by 2029, at a CAGR of 22.4% from 2024 to 2029.”

The booming industrial hemp market is not limited to just industrial applications and medical products. According to analysts at Maximize Market Research, “the global hemp-infused beverage market is experiencing significant expansion, driven by increasing consumer awareness of hemp’s health benefits and a growing demand for functional, wellness-oriented drinks.”

“In 2023, the market was valued at USD 3.63 billion and is projected to grow at a compound annual growth rate (CAGR) of 28.9% from 2024 to 2030.” the analysts predict.

French Mayor Proposes Cannabis Legalization Referendum

A mayor in France is calling for adults in his country to be able to vote on cannabis legalization. Éric Piolle, the current mayor of Grenoble, issued a public proposal to French President Emmanuel Macron to initiate a national referendum vote on recreational cannabis legalization.

“I propose the President of the Republic take the initiative to hold a referendum [on the legalization of cannabis]; it will allow us to approach the subject with seriousness, rather than getting muddled up all the time.” stated Mayor Piolle according to local reporting by The Pinnacle Gazette (translated from French to English).

“Piolle’s stance is shaped by the rising number of individuals incarcerated for drug-related offenses, counter to the persistent high levels of drug trafficking.” the outlet also stated in its coverage.

Three European nations have already adopted national adult-use cannabis legalization measures. Malta was the first to do so in 2021, followed by Luxembourg in 2023 and Germany in 2024. Additionally, Uruguay, Canada, and South Africa have adopted national recreational cannabis legalization measures.

According to the European Union Drugs Agency, France has the highest rate of cannabis consumption on the European continent. Mayor Piolle is not the only lawmaker in France demanding legalization. An escalation of violence linked to organized crime in France led to recent calls by a parliamentary group for the European nation to legalize cannabis for adult use. La France Insoumise (LFI) has criticized the government’s current approach to cannabis policy.

“According to the unveiled “fight plan,” the government’s repressive response is not only insufficient, but it fuels insecurity, pushing citizens and officials into a cycle of violence.” stated Newsweed in its local reporting. “LFI advocates for a comprehensive, community-based approach to combating organized crime in France, including the legalization of cannabis.”

A previous study by an economic advisory board within the nation’s prime minister’s office determined that the French government spends roughly €570m annually on cannabis prohibition enforcement. The study recommended that France adopt adult-use cannabis legalization and launch a regulated recreational industry.

Emmanuelle Auriol, a professor at the Toulouse School of Economics who authored the study’s report and findings, estimated that such a policy change could create as many as 80,000 new jobs, and generate €2.8bn in taxes annually.

According to a recent newsletter sent out by international cannabis economist Beau Whitney of Whitney Economics, France is home to the largest total addressable cannabis market in the European Union with a value of $11.3 billion (midpoint).