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Spain’s Ministry Of Health Publishes Medical Cannabis Draft Royal Decree

Written by Hazel Norman on . Posted in Policy.

The road to properly regulated medical cannabis in Spain has been long and full of twists and turns. However, the effort to bring Spain’s medical cannabis policies into the modern age passed a major milestone with the nation’s Ministry of Health publishing a draft royal decree focused on medical cannabis.

“After three years of delays, Spain’s Ministry of Health published on Monday 30 September the draft royal decree to allow the prescription of cannabis preparations, a text that will now be submitted for hearing and information before its final approval.” reported Sur in its domestic coverage.

“The draft establishes broad restrictions on the medical use of cannabis and specifies very specifically the pathologies for which it can be used: multiple sclerosis (stiffness and muscle spasms associated with the condition); severe forms of refractory epilepsy (certain types of epilepsy that do not respond to conventional treatments); nausea and vomiting caused by chemotherapy; and refractory chronic pain (persistent pain that is not relieved by the usual treatments). In all these cases, experts believe that there is “scientific evidence” of the benefits of medical cannabis.” the media outlet also reported.

Back in February 2024, Spain started the process of crafting the draft royal decree that was recently published. As we reported at the time, before a royal decree is officially issued, the public is afforded the opportunity to provide input, with Spain’s government having previously set up an email address dedicated to receiving such input (normativa.aemps@aemps.es).

“The Ministry addresses this regulation based on the conclusions of the Subcommittee of the Congress of Deputies for the analysis of experiences with the regulation of cannabis for medicinal use, which called on the Spanish Agency for Medicines and Health Products to prepare a roadmap to approve the regulation.” Spain’s government stated in a press release (translated from Spanish to English) at the time.

“The proposed regulation guarantees the quality of the products and the safety of patients, enabling the legal avenues available to have therapeutic compounds based on standardized cannabis preparations that have shown evidence in relieving pain and the suffering of patients, considering the oral administration of these compounds as it is the most appropriate in terms of therapeutic effectiveness and safety for patients.” the government’s press release stated.

“This regulation is designed to evolve dynamically, allowing new elements to be incorporated as more information and the experience of the therapeutic cannabis program becomes available. In addition, it will contribute to generating more and better evidence on the use of cannabinoids for therapeutic purposes.” Spain’s government also stated.

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.

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Germany’s Agriculture Ministry Approves Historic Hemp Measure

Written by Johnny Green on . Posted in Policy.

Germany recently approved a draft law previously presented by the Federal Minister of Food and Agriculture Cem Özdemir. The approved measure liberalizes industrial hemp in Germany and is intended to make it easier to cultivate industrial hemp and permit its use.

As part of the measure, the ‘abuse clause’ will be deleted and the indoor cultivation of industrial hemp will be expressly legal.

“Especially in times of climate crisis, we are removing obstacles from the path of farmers who want to try something new in their fields or in their halls. Industrial hemp offers our agriculture many opportunities: It contains hardly any THC, which causes highs, is undemanding, requires hardly any pesticides, fertilizers or water, improves soil and provides a habitat for insects.” Minister Özdemir stated.

“The harvest can be processed in a wide variety of ways, from food to textiles. The abuse clause criminalized actually innocent industrial hemp growers despite their best intentions. Now it is finally time to let the grass grow over it. And a lot of it, if possible, so that the innovative scene of industrial hemp growers and processors can continue to develop in Germany too.” Minister Özdemir also stated.

The German Cannabis Industry Association (BvCW) welcomed the central elements of the reform in its recent newsletter.

“Until now, even the theoretical possibility of a slight intoxication through the private consumption of large quantities of products has led to the entire value chain being punishable. This special German regulation is now being abolished.” BvCW stated about the recently approved measure.

“We are finally freed from these unnecessary hurdles. This is a major political step forward for industrial hemp and will contribute significantly to the growth of the industry.” Marijn Roersch van der Hoogte, Department Coordinator for industrial hemp at BvCW, stated.

“We are pleased about this important step and will actively support the further parliamentary process.” Jürgen Neumeyer, Managing Director of BvCW, commented.

BvCW pointed out in its coverage of the approved hemp measure the need for further hemp policy and regulatory changes in Germany, including raising the THC limit from 0.3 to 1.0% and providing funding and standardizing measurement methods for cannabinoid values.

“After the legalization of cannabis as a recreational drug, there is no longer any reason for many restrictions on the cultivation of industrial hemp. The Industrial Hemp Liberalization Act removes hurdles for hemp cultivation. In the parliamentary process, we will take a close look at whether the law is sufficient or whether it still needs to be improved. The potential of the plant as a supplier of oil and fiber is enormous. We should use it.” Karl Bär (The Greens) told BvCW.

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UK Cannabis Legalization Could Generate £9.5 Billion Per Year

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

Legalizing cannabis for adult use in the United Kingdom and taxing and regulating sales could generate as much as £9.5 billion per year according to a new analysis published by CLEAR. CLEAR is a cannabis reform advocacy organization based in the UK.

“Overall the net benefit to the taxpayer of a taxed and regulated cannabis market could range from £3.4 Billion to £9.5 Billion per annum, with a best estimate of £6.7 Billion per year at recent market levels.” the organization stated.

The market projection is part of a recently published analysis by CLEAR titled, ‘How to Regulate Cannabis in Britain.’ The recently published analysis is the third version of the organization’s plan, with the first version being published on September 12th, 2011, and the second version being published on October 18th, 2013.

“The plan is predicated on the fact that the prohibition of cannabis provides no control whatsoever over this multi-billion-pound market. Present policy is, in fact, an abdication of responsibility by government to organised crime.” CLEAR stated in its analysis.

CLEAR is proposing, among other things, the creation of an “inspectorate as an executive agency of government to include a head office, 10 analysis laboratories, 10 bonded warehouses, 10 regional offices, 100 local offices with a total of 2620 staff and an annual budget of around £200 million.”

“Wholesale distribution and retail licensing would be based on the tobacco/alcohol model. Licences would only be granted to a “fit and proper” person or company. Previous nonviolent cannabis convictions would not disqualify an applicant. There would be a duty of responsibility on retailers not to supply to someone obviously intoxicated on cannabis or any other substance. A limit of 10 grams per transaction could be considered although there is currently no limit on sales of alcohol which is a very much more dangerous drug. Sales would be to adults only and ID would be required if there was any doubt of the customer’s age.” CLEAR stated about its proposed regulated sales model.

In addition to legalized sales, CLEAR is also proposing the legalization of ‘cannabis cafes’ and ‘cannabis social clubs,’ as well as permitting adults to cultivate up to three plants ‘under artificial lighting’ and another three plants ‘under natural light.’

“Alternatively, without artificial lighting, a total of six plants under natural light. Also included would be a separate propagation area for cuttings and seedlings of up to one square metre.” CLEAR stated in its report.

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Ukraine Approves List Of Qualifying Medical Cannabis Conditions

Written by Hazel Norman on . Posted in Policy.

Earlier this year, in August 2024, Ukraine’s medical cannabis program officially launched. Ukraine’s Parliament first approved medical cannabis reform in December 2023, with President Volodymyr Zelensky signing the measure on February 15th, 2024.

Cannabis resin, extracts, and tinctures are excluded from the list of ‘dangerous substances’ in Ukraine under the new policy. The production of medical cannabis, development of medical cannabis therapies, and distribution of medical cannabis products are to be tightly regulated in the European nation.

“In order to implement the Law, the Ministry of Health team, together with the Ministry of Agrarian Policy, the State Medical Service, the Ministry of Internal Affairs, the National Police and other executive authorities, have developed by-laws that regulate all processes in detail and will allow the patient to receive medicine from medical cannabis.” Ukraine’s Ministry of Health stated in a news release announcing medical cannabis legalization’s implementation (translated from Ukrainian to English).

“In order to ensure the cultivation of medical cannabis in Ukraine, Licensing conditions have been developed, which will soon be considered by the Cabinet of Ministers.” the Ministry of Health also stated. “Also, the entire chain of circulation of medical cannabis, from import or cultivation to dispensing to a patient in a pharmacy, will be subject to license control.”

As originally reported by Marijuana Moment, Ukraine officials recently approved the list of qualifying conditions for suffering patients to qualify under.

“On Friday, Ukraine’s Ministry of Health revealed a list of about 20 qualifying conditions for which medical cannabis can be prescribed to patients, while noting that additional conditions could be added down the line if it’s deemed medically appropriate.” Marijuana Moment reported.

“Those conditions include multiple sclerosis, neuropathy, shingles, cerebral palsy, spinal cord injuries, complications from chemotherapy, Parkinson’s disease, childhood epilepsy and weight loss associated with eating disorders. The ministry also noted that a medical advisory committee could approve additional conditions in the future.” the media outlet also reported.

Ukrainian medical cannabis cultivation facilities are required to be operated in ‘closed soil conditions’ with ’round-the-clock video surveillance.’ Additionally, national police must have ‘free access’ to all facilities under the new regulations.

“For cultivation, there is a procedure for purchasing plant seeds – they must have a quality certificate and be registered in the State Register of plant varieties suitable for distribution in Ukraine.” the Ministry of Health stated in its news release in August 2024.

“Medicines from medical cannabis will be made in a pharmacy setting and prescribed by prescription to patients for whom conventional medicines do not have a therapeutic effect or cause adverse reactions that are poorly tolerated.” according to the Ministry of Health. “It will be possible to buy such medicines in Ukraine only with an electronic prescription, which will indicate the dosage form and dosage, the names of the active substances included in their composition. It is expected that medicinal products from medical cannabis will be available to patients in the form of oral drops, hard capsules, and dental pastes.”

“The law allows people entering or leaving Ukraine or transiting through its territory to carry medicinal products based on medical cannabis for their own use in an amount that does not exceed the amount prescribed by a doctor’s prescription.” the Ministry of Health also stated.

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Legal Home Cultivation Coming To Manitoba In 2025

Written by Hazel Norman on . Posted in Policy.

Canada legalized cannabis for adult use in 2018, making it the first G-7 nation to do so, and only the second country worldwide to make the public policy change. The only other country to legalize at a national level prior to Canada was Uruguay, which adopted its own national recreational cannabis legalization measure in 2013.

Part of Canada’s national legalization model involved permitting adults to cultivate cannabis plants in their private residences. However, not every province and territory got on board with the home cultivation component of Canadian legalization.

One of those jurisdictions is Manitoba, which still prohibits home cultivation. It appears that adults will be able to cultivate cannabis in Manitoba starting in 2025.

“Legislation to allow Manitobans 19 and older to grow their own recreational cannabis isn’t expected to kick in until the new year despite being passed in June.” reported Free Press in its local coverage.

“We expect the bill to come into force in early 2025,” Justice Minister Matt Wiebe said in a recent email.

“The (Liquor, Gaming and Cannabis Authority) is drafting regulations to ensure the framework for growing cannabis at home prioritizes public safety, with a focus on protecting youth and ensuring cannabis plants are not accessible to young people,” the minister said according to the local reporting.

Home cultivation is currently permitted at a national level in Uruguay, Malta, Luxembourg, Germany, and South Africa. A number of other countries have witnessed court decisions being rendered that also provide some level of protection for adults cultivating a personal amount of cannabis in their homes.

Cannabis cultivation is also permitted in several states in the U.S. that have adopted adult-use legalization measures, although not every legalized state permits such activity. Washington State, which was one of the first states to legalize in the U.S. along with Colorado in 2012, still prohibits recreational home cannabis cultivation.

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Guyana Attorney General Directs Law Enforcement To Not Jail Cannabis Offenders

Written by Hazel Norman on . Posted in Policy.

Guyana’s Attorney General Anil Nandlall recently cautioned law enforcement not to jail cannabis consumers in possession of less than 30 grams of cannabis in the South American country, stating that doing so is against the law.

“The statement from the Attorney General follows a report of the Police arresting and locking up a man who was allegedly nabbed with 15 grams of marijuana. In a separate incident, another person was arrested and kept in custody by the Police after being found with 4.2 grams of Marijuana in Matthews Ridge.” reported News Source in its local coverage.

“The principle is, that if you cannot be found guilty and jailed at the conclusion of your case., or if you plead guilty then a Police Officer has no power and authority to put you in the lock up for that offence when you are arrested, you are entitled to bail,” Mr. Nandlall said according to the local media outlet.

In Guyana, if a cannabis consumer is caught with 15 grams of cannabis or below, the offender is charged and the penalty is mandatory counseling. For consumers caught with between 15 and 30 grams, the penalty is community service ordered by a Magistrate.

Guyana’s South American peer Uruguay remains the only country on the continent to have adopted a national adult-use legalization measure. Uruguay became the first country on the planet to legalize cannabis at a national level back in 2013, with legal sales beginning in 2017.

National recreational cannabis legalization has also been adopted in Canada, Malta, Luxembourg, Germany, and South Africa. Several other countries have decriminalized personal cannabis activity to some degree, and at least 57 countries have adopted medical cannabis legalization measures, including in South America.

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BvCW Poll Finds 88% Support For Legal Cannabis Plant Sales In Germany

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

The German Cannabis Business Association (BvCW) recently conducted a poll asking the question “Should the commercial trade in cannabis cuttings be legal for people over 18, in addition to distribution by cultivation associations?” (translated from German to English).

According to the BvCW poll, which was conducted from September 16, 2024 – September 23, 2024, as part of the organization’s newsletter, 88% of respondents selected ‘yes’, 2% selected ‘partly’, 3% selected ‘rather no’, 5% selected ‘no’, and 2% selected ‘don’t know.’

Starting on April 1st, 2024, adults aged 18 or older can cultivate up to three plants in Germany in their private residences. In order for home cultivators to start their gardens, they first need to acquire cannabis genetics in the form of cannabis seeds or cuttings/clones.

Limiting home cultivators in Germany to only seeds makes no rational sense being that the seed will eventually turn into a small plant anyway. Cannabis cuttings/clones provide some unique advantages over seeds that many cultivators prefer, including speeding up the cultivation process. Prohibiting them serves no purpose other than to perpetuate the illogical policies of Germany’s past.

A recent YouGov poll in Germany found that 7% of poll participants indicated that they had already purchased cannabis seeds or cuttings/clones since legalization took effect. In addition to the 7% of poll participants indicating that they had already purchased cannabis genetics for their home gardens, another 11% of poll participants responded that they plan to purchase cannabis genetics in the future.

Home cannabis cultivation by adults for recreational purposes is also legal in Uruguay, Canada, Malta, Luxembourg, South Africa, and in many states in the U.S. Major court decisions in other nations also provide some level of protection for cultivating personal amounts of cannabis.

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Czech Republic’s Ministry Of Justice Proposes Legalizing Cannabis Cultivation

Written by Johnny Green on . Posted in Policy.

The Ministry of Justice in the Czech Republic is proposing that adults should be able to cultivate up to three plants in their private residences, in addition to possessing up to 25 grams when away from their residences and up to 50 grams in their homes.

“According to the draft of the new criminal regulations, which the ministry sent to the government for consideration, people over the age of 21 could grow cannabis for their own use.” Novinsky stated in its local reporting (translated from Czech to English).

“In this regard, the proposal reevaluates the question of what actions should be criminal at all, and liberalizes today’s regulation, where some of the actions today are considered criminal offenses and then legalizes some actions completely,” the ministry said in its preliminary report.

What is being proposed in Czechia is similar to what was implemented in Germany earlier this year from cultivation plant limit and possession limit standpoints, however, the proposed legal age of 21 years old differs from what Germany adopted and is similar to what is in place in two dozens states in the U.S.

In addition to the ministry’s proposal to legalize adult-use cultivation and possession, the ministry also wants to change Czechia’s laws to set a threshold of five cannabis plants, 100 grams of ‘dry matter when a person has it at home,’ or 50 grams when it is outside their home, as the difference between a lower offense and a crime.

The ministry’s proposal does not appear to include regional adult-use cannabis commerce pilot trials or cultivation associations, at least at this time. Cultivation associations are part of Germany and Malta’s legalization models, and Germany is pursuing the launch of pilot trials. Pilot trails are already operating in the Netherlands and Switzerland.

In July 2024, the International Cannabis Business Conference was provided a leaked document by local activists in Czechia of a policy modernization plan that included regional adult-use cannabis commerce pilot trials and cultivation associations.

“The current prohibition leads to the fact that there are more than a thousand people convicted of cannabis crimes in prisons, which burdens the state budget with costs of over CZK 700 million per year,” emphasized Tomáš Vymazal, a member of the Rational Regulation (RARE) board and chairman of the Safe Cannabis Association, in a press release provided to the International Cannabis Business Conference in July.

The Registered Association Rational Regulation (RARE) was established at the beginning of 2024 with the aim of supporting rational cannabis regulation in the Czech Republic based on scientific knowledge and the best foreign experience. Its founders are the Czech industry cluster CzechHemp, the Legalizace.cz association, and the Safe Cannabis Association, which ‘brings together producers, distributors, and consumers of hemp extracts and hemp products.’

“The new legislation would lead to a significant decrease in the number of persons prosecuted, convicted or imprisoned for possession and cultivation of cannabis, which would result in annual savings of up to 1.2 billion CZK.” Vymazal stated at the time.

A limiting factor in all legalized European nations, which will also presumably prove to be the case in Czechia to some extent, is current European Union agreements. EU policies limit the level of adult-use cannabis commerce that can be conducted within its member nations to cultivation associations and research pilot trials.

According to the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), nearly 30% of Czech adults have consumed cannabis at least once in their lifetimes and 11.1% report having consumed cannabis within the last year. The average rate for once-a-year consumption across Europe is 8% according to EMCDDA data.

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When Will France Tap Its Cannabis Industry Market Potential?

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

As cannabis policy modernization efforts continue to gain momentum in Europe, and more European nations reform their outdated and harmful cannabis policies, one country that is on every cannabis advocate’s radar is France.

France is home to one of the largest cannabis consumer bases on earth. With a total population of roughly 68 million people, an estimated 10.6% of French adults reported having consumed cannabis within the last year according to a 2022 survey conducted by the French Observatory of Drugs and Addictive Tendencies in partnership with the Santé Publique France agency.

Applying the estimated cannabis usage rate to France’s adult population works out to potentially millions of adult cannabis consumers for an eventual legal adult-use market in France. Of course, many of the adults who report consuming cannabis in France are doing so for medical reasons and the market potential for an effective medical cannabis program in France is also huge.

In March 2021, France launched a limited medical cannabis experiment involving between 2,000 and 3,000 suffering patients to gain insight into possibly crafting national medical cannabis policies and regulations.

The French medical cannabis experiment received initial approval from the federal Senate back in 2019, however, the launch of the trial was delayed until the spring of 2021 due to various reasons. Cannabis producer LaFleur was eventually selected as the cultivator for the program and has supplied participating patients since the experiment’s launch.

Initially slated for two years, France’s medical cannabis experiment was eventually granted a one-year extension and was set to end in 2024. The program is now expected to end in 2025.

A national medical cannabis program was initially expected to launch in France in 2025, although, 2026 appears to be a more realistic timeline for the program’s launch. Meanwhile, adult-use cannabis reform is likely to occur further into the future in France. With that being said, cannabis activists in the country are doing everything they can to speed up both timelines.

Currently, cannabis is legal at a national level for adult use in three European countries – Malta, Luxembourg, and Germany. Additionally, regional adult-use cannabis commerce pilot trials are currently operating in the Netherlands and Switzerland, affording enrolled consumers a legal way to source their products.

Further delays in cannabis policy modernization in France come with an opportunity cost. If France institutes a regulated industry it could easily become a continental and international powerhouse.

Conversely, if lawmakers in France continue to drag their feet, the nation’s market potential will decrease with every passing year. Surrounding nations will gain a larger market share and their domestic cannabis companies will create advantages that will be hard for France-based companies to compete with.

To be clear, large numbers of cannabis consumers and patients consume cannabis every day in France, albeit illegally. French lawmakers would be wise to recognize this fact and work to transition the market from an unregulated one to a regulated one which would, among other things, boost positive public health outcomes.

The situation is fluid in France and it can be difficult for cannabis enthusiasts to navigate. A great opportunity to learn the latest and most important information about France’s shifting cannabis landscape is coming up next month in France at the Science in the City International event in Bordeaux on October 26th, 2024.

Science in the City International is a unique opportunity for international industry stakeholders, medical healthcare professionals, functional and integrative medicine practitioners, and community healthcare changemakers and leaders to come together for a historic event. It’s a great opportunity to learn and network with other like-minded people.