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What You Need To Know About German Cannabis Legalization

Written by Johnny Green on . Posted in Policy.

Germany’s governing coalition has reportedly reached an agreement and settled internal disputes about the nation’s current adult-use cannabis legalization measure. The first provisions of the measure, which pertain to personal freedoms, are expected to come into law on April 1, 2024. Below are major items that consumers and patients should know about.

Cultivation

The main initial way for adults to legally source cannabis in Germany once the new law takes effect is to cultivate it in their homes. Adults will be able to cultivate up to three plants in private for personal use according to the proposed measure. Personal cannabis cultivation is popular in other jurisdictions where it is permitted, including in jurisdictions where consumers have other options from which to legally source their cannabis like storefronts.

It’s virtually guaranteed that many adult consumers in Germany will choose to cultivate their cannabis, and that will, in turn, create massive opportunities overnight for companies that specialize in cultivation-related products and services such as seeds, grow lights, plant nutrients, harvesting equipment, odor control, and drying equipment.

Possession

In addition to being able to cultivate cannabis, adults in Germany will be able to possess a personal amount of cannabis. The possession limit will reportedly be set at 50 grams. In addition to the expressed legal possession limit, penalties for possessing slightly more than the legal threshold will be considered an ‘administrative violation’ rather than a criminal offense yielding jail time.

Narcotics De-listing

Cannabis will be removed from Germany’s Narcotics List once the new law is implemented, and the significance of that cannot be overstated. One thing that may not be on everyone’s radar, but should be, is that the de-listing of cannabis will improve safe access for medical cannabis patients by removing some hurdles in the medical cannabis supply chain and streamlining processes for pharmacies. Cannabis research will be easier to pursue, and hopefully academic institutions will begin to receive national and/or EU-provided funds for specific research projects.

Clubs

If the reported timeline stays on track, noncommercial cannabis clubs will start as early as July 1, 2024. Membership-based noncommercial clubs, from which adult consumers can legally source their cannabis, will be subjected to various regulations. One of the sticking points leading up to the recently reported final coalition agreement was the implementation of noncommercial clubs, and part of the coalition’s compromise was to stagger the implementation date. After the launch, non-commercial clubs will likely be common throughout most of Germany.

Future Reforms

All of the previously listed items are part of the ‘first phase’ of Germany’s legalization plan, often referred to as ‘the first pillar.’ The second phase/pillar involves the launch of regional adult-use cannabis commerce pilot programs, similar to what is already in place in Switzerland, but on a significantly larger scale. Nationwide adult-use sales, similar to what is in place in Canada, will have to wait due to European Union restrictions.

However, if home cultivation is widespread, cannabis clubs are also widespread, and regional adult-use cannabis commerce pilot programs are located in many jurisdictions throughout Germany, domestic access to legal cannabis will not be as big of a problem as some may think. With that being said, Germany needs to continue to lead the way at the European Union level, and hopefully the inevitable success of German legalization will kick those efforts into overdrive.

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Czech Government’s Economic Council Recommends Regulating Cannabis Sales

Written by Johnny Green on . Posted in Policy.

In October 2022, German Health Minister Karl Lauterbach held a press conference and announced details of his legalization measure. The announcement came after many months of discussions between Minister Lauterbach and the European Union.

Not long after Minister Lauterbach’s announcement, the Czech Republic’s anti-drug coordinator Jindřich Vobořil announced his intent to have his country follow in Germany’s cannabis policy modernization footsteps. Per Radio Prague International at the time:

If national anti-drug coordinator Jindřich Vobořil’s proposed plan comes into effect in 2024 as he hopes, Czechia could become the second EU country to legalise the recreational use of cannabis. And not only that – it would even go a step further, also making its sale legal. The anti-drug coordinator presented his plan for combatting addiction – which includes the proposal to legalise cannabis – at a press conference this week.

“At the moment, there is a political consensus for me to create this proposal for the regulation of cannabis, a substance which is illegal at the moment. We want to regulate it with the help of the market and we believe that this regulation will be more effective than the current ban.”

The comments made by Jindřich Vobořil followed a Facebook page post in which he stated, “Germany and the Czech Republic go to a regulated market at the same time.”

As time went on, details would emerge regarding the legalization model that the Czech Republic would pursue, which is expected to differ in some aspects compared to what is being proposed in Germany.

In April of last year, officials in the Czech Republic announced an intent to legalize the possession of 5 grams of cannabis, which customers would be able to purchase from regulated outlets after signing up for a government database.

Legalization has yet to happen in the Czech Republic, however, the Czech government’s Economic Council recently recommended regulating adult-use cannabis sales, which demonstrates that the country is still pursuing such reform. Per BRNO Daily:

The Czech government’s National Economic Council (NERV) has again recommended the introduction of a legal regulated cannabis market in the Czech Republic, within its proposal of 37 measures to boost economic growth in the country, released on Tuesday.

“Criminal rates and sentencing principles should be adjusted. In the area of drug policy, a legal regulated cannabis market should be introduced,” NERV stated.

The council said a repressive approach to drugs is a burden on the budget and does not translate into reduced consumption or harm reduction.

A previous analysis from the nation’s Pirate Party determined that regulated cannabis sales could generate CZK 2 billion per year.

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Denmark Has Not Identified Any Major Safety Issues With Prescribed Cannabis

Written by Hazel Norman on . Posted in Policy.

Denmark has conducted a medical cannabis pilot program since 2018 in which select doctors are permitted to prescribe medical cannabis products to suffering patients diagnosed with certain medical conditions.

It is not the same as medical programs in other countries that have adopted nationwide programs, such as what is found in Germany. What is found in Denmark is much more limited. However, it does provide safe access to medical cannabis for the program’s participants.

Switzerland is an example of a country that has taken a similar approach but for adult-use cannabis commerce. Germany’s proposed legalization model that Bundestag members are considering also includes regional adult-use cannabis pilot programs.

The goal of cannabis pilot programs is to gather research and data at a local level to help national lawmakers and regulators be better suited when crafting laws and rules at a larger level. Denmark recently published recent findings from its medical cannabis pilot program. Per Cannabis Health News:

Despite an increase in the number of prescriptions for cannabis products in 2021 and 2022, annual reports of adverse reactions decreased by half. The Danish Medicines Agency confirms that these reports did not reveal any safety concerns and that no batch-related side effects were identified during the period.

Denmark’s medical cannabis pilot program is expected to last until 2025. What happens at the end of the pilot program is up in the air right now, however, it would be logical that Denmark’s lawmakers would be able to implement a robust, nationwide medical cannabis program, relying on the pilot program’s research and data for guidance.

Medical cannabis legalization was once considered to be a ‘brand new’ area of public policy, however, with so many nations already having medical cannabis programs successfully in operation, Denmark passing such reform would not be considered to be as big of a leap as it would have been years ago.

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South Korea Is Moving To Ban Cannabis References In Products And Brands

Written by Hazel Norman on . Posted in Policy.

Legal cannabis products are more widely available now in many markets around the world than at any other time since the dawn of global cannabis prohibition. To be fair, not as many markets feature legal products that are high in THC content. However, consumers and patients have a lot more options now than in past decades.

Uruguay and Canada remain the only two countries where sales of high-THC products are permitted nationwide. Uruguay continues to limit legal product sales to residents of the South American nation, while Canada permits legal sales to anyone of legal age regardless of residency status.

Malta and Luxembourg are in separate categories, with Malta only permitting personal cannabis cultivation and noncommercial clubs from which to source legal cannabis, and Luxembourg’s legalization model only permits limited home cultivation.

Products containing little to no amounts of THC, yet containing other cannabinoids, can be found on every continent now. Sometimes those products are regulated, but a vast majority of the time the products are poorly regulated or not regulated at all.

CBD products are particularly popular among patients and consumers, even though they are often shrouded in mystery as far as where the ingredients were sourced from, who the company is that sells them, and several other consumer concerns. It has created a lot of confusion in many markets.

Some countries are working to provide more consistency by drafting sensible policies and regulations. Other countries are taking more extreme measures, with South Korea’s government being a prime example. South Korea is moving to ban all cannabis references in food products and other brands. Per The Korea Times:

Starting July, references to narcotics in food products and brand names will be prohibited so as to discourage people from making light of drugs and drug use.

Business owners who fail to comply may face the suspension of their business, according to the Ministry of Food and Drug Safety.

The region in which South Korea is located is known for having some of the harshest cannabis policies on earth, with multiple nations in the region still issuing the death penalty for certain cannabis offenses.

Cannabis prohibition is a failed public policy that shows no evidence of working, and it is unfortunate that South Korea is choosing to go in the wrong direction with this latest cannabis policy move.

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German Legalization Still On Track For April Start According To Health Minister

Written by Johnny Green on . Posted in Policy.

It is no secret that the current adult-use legalization effort in Germany has experienced some hurdles. Part of that is due to the legalization process itself, which involves various procedural steps in Germany, and part of that is due to continental and domestic politics.

However, despite all of the setbacks and delays, Germany’s Health Minister Karl Lauterbach still believes that legalization will be implemented in April, albeit with a vote occurring in February versus this month as previously expected.

In addition to making the comments about specific dates, Minister Lauterbach also weighed in on proposed consumption ban zone enforcement around schools and daycares, stating that it “is a decision with a sense of proportion” and that “not every individual violation can be punished.”

Minister Lauterbach seemed to indicate that enforcement will be circumstantial and stated “that’s the case with every law.”

He also reiterated the need to supplant the unregulated market in Germany, stating that “controlled distribution of cannabis is the right way to achieve this, combined with special protection for children and young people.”

If Minister Lauterbach is right about the April 1st implementation date, cannabis possession, cultivation, and consumption would be legalized for adults in Germany. Cannabis would also be removed from the nation’s Narcotics List.

Below is a video from International Cannabis Business Conference alumni journalist Micha Knodt that breaks down what consumers can expect, as well as some frequently asked questions (and answers) about the proposed law (the video is in German):

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Czech Republic Doctors Prescribed 210 Kilograms Of Medical Cannabis In 2023

Written by Hazel Norman on . Posted in Policy.

Medical doctors in the Czech Republic prescribed roughly 210 kilograms of medical cannabis products last year according to new data from the nation’s State Agency for Medicinal Cannabis. That is reportedly 43 times more medical cannabis compared to what was prescribed just five years ago.

Currently, six companies hold medical cannabis production licenses in the Czech Republic where medical cannabis prescriptions are covered by public health insurance. Germany is the only other European nation where public health insurance covers medical cannabis prescriptions.

Medical cannabis was first legalized in the Czech Republic in 2013, with the first patients receiving safe access to medical cannabis in 2014. The Czech Republic’s State Agency for Medicinal Cannabis has medical cannabis sales data publicly available going back to 2015.

Advocates in the Czech Republic are also pushing for adult-use legalization, in line with Germany’s legalization effort. Per BRNO Daily:

According to a study prepared by the Pirate Party, the state could raise between CZK 650 million and CZK 1.8 billion annually by legalising marijuana and taxing it. The Pirates also see savings in the prison and judicial systems if cannabis is legalised.

Other European countries, including Germany, are preparing similar legalisation plans.

An estimated 125,000 people use marijuana illegally in the Czech Republic.

In April 2023, when Germany’s adult-use legalization measure was formally introduced by German Health Minister Karl Lauterbach, lawmakers in the Czech Republic made it clear that they would be pursuing legalization too.

Per Expats CZ, an online poll they conducted at the time regarding adult-use cannabis reform in the Czech Republic found that 92% of survey respondents answered ‘yes’ to the question, “Do you agree with the government’s plans to regulate the recreational cannabis market?”

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Thailand Expected To Go Backwards On Cannabis Policy

Written by Hazel Norman on . Posted in Policy.

In June 2022, Thailand reformed its cannabis policies to permit adult-use cannabis cultivation and possession in instances involving cannabis varieties low in THC. At the time it was hailed as an amazing achievement for the global cannabis reform movement, and it served as a particularly big deal in the region where Thailand is located.

It really seemed that Thailand’s government was fully invested in pursuing cannabis reform and making cannabis a national product. Every household in the entire country could sign up initially to legally cultivate low-THC cannabis plants. It was the first time in the history of the world that such a public policy was implemented at a national level.

At the time Thailand’s Public Health Minister indicated that there would be no plant limit for the government’s cultivation program. Thailand’s government also gave away over 1 million cannabis seeds directly to households that signed up. Additionally, the government gave out low-interest loans to help aspiring cultivators get their operations started.

Thailand’s government also launched an app to help streamline the process of people signing up their households to cultivate cannabis. An FAQ public service announcement effort was launched to help people understand the law and cultivation program back then.

A broad spectrum of government agencies in Thailand previously agreed to do their part to push Thailand’s emerging cannabis industry forward. Thailand also released thousands of people serving time for cannabis offenses.

By every measure, Thailand was trying to become an international cannabis powerhouse back in 2022. However, that was then, and big changes appear to be on the way, with Thailand expected to regress on its national approach to cannabis policy. Per Bangkok Post:

Smoking cannabis is likely to require a permit from a doctor, according to Public Health Minister Cholnan Srikaew, who says his new cannabis bill differs from a failed predecessor as it will be very clear on how to use the plant for medical treatment.

Dr Cholnan insisted that the bill preserves a key point that cannabis is to be used for medical treatment only, and any use for recreational purposes will not be allowed.

It’s unfortunate that Thailand’s government is pursuing this new approach to cannabis. Cannabis use is widespread in Thailand, particularly after such a big push by the government itself in 2022. It’s going to be impossible to eliminate recreational use in Thailand, just as it is in every other nation, and Thailand would be wise to improve on its current model rather than scrap it.

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Federal Cannabis Reform Inches Closer In The United States

Written by Hazel Norman on . Posted in Policy.

Historically, the United States has led the charge in prohibiting cannabis in all of its forms. Starting in the 1930s, the United States prohibited cannabis, even for medical purposes, and imposed its will on other countries until they did the same.

What resulted is various international agreements containing prohibition provisions, many of which are still in place to this day. Meanwhile, other countries such as Uruguay and Canada have not only legalized cannabis at the national level for medical use but also for recreational use.

In the United States cannabis remains illegal at the federal level, however, nearly half of the states in the U.S. have now passed adult-use measures, and nearly every state has legalized cannabis for medical use to some degree. Support for national reform is greater than ever in the U.S., leading many advocates to believe that federal reform will finally happen this year.

One factor that many advocates attached their policy hopes to was possible rescheduling by the DEA. Cannabis is currently classified as a Schedule I substance, which is defined as “drugs with no currently accepted medical use and a high potential for abuse.”

Other substances on the federal Schedule I list in the United States include “heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.”

Obviously, cannabis should not be on the same list as those other substances. According to documents that recently surfaced, the U.S. Department of Health and Human Services is recommending that cannabis be re-scheduled to Schedule III and has conveyed that to the DEA. Per Marijuana Moment:

The head of the U.S. Department of Health and Human Services (HHS) says his agency has “communicated” the agency’s “position” on marijuana rescheduling to the Drug Enforcement Administration (DEA) and has continued to offer additional information to assist with the final determination.

HHS for the first time confirmed that it had recommended moving cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) on Friday, releasing a trove of documents it submitted to DEA last year amid a Freedom of Information Act (FOIA) lawsuit initiated by attorney Matt Zorn.

According to the DEA, “Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV.”

“Some examples of Schedule III drugs are: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone.” the DEA states on its website.

For comparison purposes, the DEA currently lists “Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol” as Schedule IV substances.

Many cannabis advocates had hoped that cannabis would be descheduled completely. Tobacco and alcohol are not part of the federal controlled substances scheduling lists, and both substances are responsible for considerably more health issues in the United States compared to cannabis.

It is unclear at this time whether the DEA will follow the recommendation from the U.S. Department of Health and Human Services.

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Spain Resumes Reviewing Medical Cannabis Regulation Proposals

Written by Hazel Norman on . Posted in Policy.

Spain, like every other populated country on earth, is home to suffering patients, many of whom use various forms of medical cannabis to treat their condition(s). How many such patients there are in Spain is nearly impossible to determine, largely because the nation does not have a comprehensive medical cannabis program.

For several years lawmakers in Spain have tried to pass meaningful medical cannabis regulations, just to see medical cannabis measures repeatedly hit dead ends. The most recent example can be found last year when draft medical cannabis legislation was circulated and then tabled.

The Spanish government is reportedly reviving efforts to review medical cannabis regulation proposals, which are desperately needed in a country that has arguably the most active unregulated medical cannabis market on the planet. Per The Local:

Sources from the Ministry, headed by Sumar’s Mónica García, have confirmed to various outlets in the Spanish press that they intend to press on with draft legislation and relaunch the creation of a medical programme from mid-January.

The government had previously looked into the issue and the Spanish Parliament even approved a draft document that urged for cannabis regulation for medicinal purposes, but with the rush of elections at the end of the last legislature the issue was ultimately side-lined.

Now the Health Ministry wants to reignite the process and is reviewing the existing draft legislation, which was drawn up on the basis of findings by a Congressional committee and was something backed by all parties besides right-wing Partido Popular (PP) and Vox, who voted against.

According to a poll cited by The Local, 84% of Spaniards support regulating medical cannabis per CIS data. A majority of lawmakers in Spain’s Parliament also reportedly support medical cannabis reform.

There is a clear disconnect between cannabis opponents in Spain’s Parliament and what is actually going on in Spain’s communities. Spain’s cannabis consumption rate is greater than nearly every other nation on Earth, and hundreds of private cannabis clubs populate various parts of the country.

The absence of a regulated domestic medical cannabis program has done nothing to deter people from consuming cannabis. Rather, it forces suffering patients to source their medicine from unregulated sources, which is far from an optimal situation.

It remains unclear if/when medical cannabis legislation will receive a vote in Spain’s Parliament, and for that matter, whether such a vote would prove to be favorable or not. However, momentum does appear to be gaining in Spain, and it’s largely a matter of supporters in parliament overcoming the constant hurdles that are set up by opponents.

Meanwhile, the effort to shut down cannabis clubs in Barcelona continues, although, the odds of it succeeding seem grim at best. Lawmakers at the local and national levels need to work together in Spain to regulate cannabis products and commerce, rather than continue to stick their heads in the ground and let organized crime fill the void at the expense of public health outcomes.