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New Report In Ireland Recommends Considering Cannabis Legalization

Ireland’s Oireachtas Justice Committee is recommending that the government consider legalizing cannabis for adult-use, in addition to wider drug policy reforms. According to its website, the Oireachtas Justice Committee “shadows the Department of Justice and considers policy in the fields of justice, security and the rule of law to ensure that Irish society is safe, secure, just, open-minded and impartial.”

As we previously reported late last month, People Before Profit TD Gino Kenny formally filed an adult-use legalization measure that, if passed, would legalize cannabis possession for people 18 years old or older in Ireland.

The measure is not as robust as the legalization model currently in place in Canada, and 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 last month. The report by the Oireachtas Justice Committee does recommend that the government consider launching legal sales, with the goal of battling the unregulated market. Per The Journal:

A NEW REPORT by the Oireachtas Justice Committee has recommended that legalisation of certain drugs be examined by the Government as well as allowing some drug cultivation at a “non-profit” level.

The report, published this morning, recommends that the Government examines a regulatory model for certain drugs, including cannabis, as part of measures to reduce the impact of the existing black market for illicit substances.

What the report is recommending is something similar to what is currently being put into place in Malta. Malta passed a limited legalization measure in late 2021, with the main way for consumers to eventually source their cannabis involving non-profit cannabis clubs.

Cannabis legalization faces an uphill battle in Ireland, as demonstrated by the reaction from some lawmakers in Ireland after Gino Kenny formally introduced his limited measure. If Gino Kenny’s bill is receiving pushback, then it’s a safe bet that the new report will also receive similar pushback, and perhaps even more. Still, the report is encouraging, and in theory, could move the discussion needle a bit.

Could Malta’s Cannabis Club Licensing Model Benefit Spain?

As I often point out, Spain is home to one of the most amazing cannabis communities on earth, particularly Barcelona where we co-host the world’s largest cannabis superconference every year with Spannabis. Whereas cannabis communities are just starting to take off in many parts of the world, Spain’s community was thriving decades ago, and that continues to this day.

The backbone of Spain’s cannabis community is, of course, cannabis clubs. It is no secret that hundreds of cannabis clubs exist throughout Spain, with Barcelona being a particularly popular destination for clubgoers. Clubs are a great way to obtain cannabis and to socialize with like-minded people.

Cannabis clubs are unregulated in Spain, which can be confusing for many people being that there are so many of them. Cannabis clubs are tolerated to a large degree in Spain, however, that doesn’t mean that they are legal. It creates a catch-22 of sorts for cannabis reform advocates, in that the same thing that makes Spain so special (access to lots of clubs) is also the same thing that makes it hard to move the needle.

I have worked as a cannabis activist for a long time and so much of the enthusiasm behind cannabis reform efforts I helped with was predicated on boosting personal freedom. In Spain there seems to be an understandable enthusiasm gap, in that people already experience a great amount of freedom. That, combined with world class cannabis, makes it difficult to get people fired up.

With that being said, cannabis reform still needs to occur in Spain so that selective enforcement is eliminated and that the domestic industry can reach its full potential. Cannabis club operators should be able to get licenses like any other business, albeit with industry specific regulations. Eliminating the uncertainty by regulating clubs would help the situation in many ways.

So what is going to move the needle in Spain? One thing that may yield some movement is legalization elsewhere, such as in Germany. However, Germany’s legalization model doesn’t appear to include clubs, at least not at this time, so it may not be enough of an ‘apples to apples’ situation to raise enough eyebrows in political circles in Spain.

One thing that I am very interested to see unfold, and whether it has any policy butterfly effect on Spain, is the rise of cannabis clubs in Malta. Malta passed a national adult-use legalization measure late last year, making it the first country in Europe to do so.

The measure was largely built on the premise of consumers obtaining their cannabis from non-profit cannabis clubs. The only other way for adults to obtain cannabis is to cultivate it themselves or be gifted it. As we previously reported, Malta is expected to start accepting applications for non-profit cannabis clubs in February, which is obviously not too far away.

It is unclear right now how long it will be after applications are initially collected before the first regulated club is opened, however, things do seem to be moving along. Once Malta officially rolls out its cannabis club licenses, and sets up all of the processes and regulations pertaining to it, it will have created a blueprint for other countries to mimic, including and especially Spain.

I don’t necessarily expect lawmakers in Spain to see it as Malta potentially stealing cannabis tourism away from Spain, but rather, that they will hopefully see that regulating clubs can be done and that Spain could potentially do it in a more economically stimulating way. Only time will tell if that proves to be the case or not.

Canada Increases Cannabis Beverage Possession Limit

The cannabis beverage sector of the emerging international cannabis industry has been very interesting to follow. It’s often the subject of a great deal of public relations efforts it seems, with industry leaders often touting it as ‘the next great sector’ that entrepreneurs, investors, and consumers should watch for.

Cannabis-infused beverages have certainly risen in popularity in recent years among patients and consumers, with that popularity being paralleled by a dramatic increase in selection. Drinkable forms of cannabis are a great consumption method for various reasons, and unlike many cannabis products, beverages almost always seem to come in packaging that is easy to recycle.

Canada is home to the largest nationwide, legal adult-use cannabis industry and several cannabis-infused beverage products are available across the nation. The Canadian government recently announced changes to cannabis beverage possession limits, in addition to changes to cannabis testing and research. Below is more information about it via a government news release from Health Canada:

Today, Health Canada announced that amendments to the Cannabis Act and its regulations concerning cannabis research and testing, and cannabis beverages have been approved and are now in force as of December 2, 2022. A copy of the final regulations, as well as the Regulatory Impact and Analysis Statement is expected to be published in the Canada Gazette, Part II, on December 21, 2022.

These amendments follow extensive engagement with stakeholders, universities, researchers, health authorities, cannabis industry associations, cannabis licence holders, provinces, territories and the public. They aim to facilitate research and testing, and also amend the public possession limit for cannabis beverages to bring them in line with other cannabis products.

Notably, these amendments:

  • Increase the public possession limit for cannabis beverages to a level that is similar to other forms of cannabis, such as solid edible cannabis products (i.e. gummies or chocolate). Adults in Canada are now able to possess up to 17.1 litres (equal to 48 cans of 355 ml each) of cannabis beverages in public for non-medical purposes, which is up from approximately 2.1 litres (equal to five cans of 355 ml each) under the previous rules. Existing controls that mitigate the risks of overconsumption and accidental consumption, such as child-resistant packaging and strict limits on the amount of THC per container, remain in place;
  • Change how Health Canada regulates non-therapeutic cannabis research with human participants, helping make the process of conducting this research easier, while still maintaining appropriate public health and safety controls;
  • Allow analytical testing licence holders and federal and provincial government laboratories to produce, distribute and sell reference standards and test kits, to increase access to cannabis testing materials and thereby support access to a quality-controlled supply of cannabis; and
  • Broaden the educational qualifications for the Head of Laboratory, a position that is required for an analytical testing licence and is responsible for all cannabis testing activities that occur at the licensed site.

Transition periods are provided to reduce potential impacts on existing research licence holders conducting research with human participants, and on processing licence holders who produce cannabis beverages. The Cannabis Act serves as a flexible legislative framework that adapts and responds to the needs of Canadians.

Health Canada will continue to engage with stakeholders and pursue initiatives to address ongoing and emerging public health and safety issues to improve the cannabis framework so that it meets the needs of Canadians while continuing to displace the illicit market.

Quick Facts

  • The Cannabis Act (the Act) came into force on October 17, 2018. With the Act, the Government of Canada legalized and strictly regulated the production, distribution, sale, import and export, and possession of cannabis.
  • The Minister of Health and the Minister of Mental Health and Addictions launched the legislative review of the Cannabis Act on September 22, 2022. The review is being conducted by a five-member independent, expert panel, who will report their final conclusions and advice to the Ministers by Spring 2024.
  • Health Canada’s Forward Regulatory Plan provides information on regulatory initiatives that Health Canada aims to propose or finalize in the next two years, including those pertaining to the cannabis framework.

Associated Links

Contacts

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

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

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

Cannabis Stigma On Full Display In The Dominican Republic

Cannabis reform is spreading throughout the Western Hemisphere. After all, the Western Hemisphere is home to both Uruguay and Canada, which represent two-thirds of all countries where cannabis is legal nationwide for adult use.

The only other nation that has passed an adult use legalization measure is Malta, and not only does Malta still prohibit sales, it also will have a far more limited legalization model built entirely on non-profit cannabis clubs and home cultivation when legal access does eventually improve.

The Caribbean region has been particularly active in recent years on the cannabis policy reform front, with some exceptions. One major exception is the Dominican Republic, where even medical cannabis is still prohibited.

The Dominican Republic has gone as far as trying to outlaw clothing and music that promotes cannabis, with a new fine being proposed for anyone caught violating the prohibition. Per Dominican Today:

A bill is being debated in the Senate of the Republic that would prohibit all types of music, publication, publicity, propaganda, or programs distributed through traditional media, social networks, or any other means that contain auditory, printed, or audiovisual subliminal stimuli and messages that encourage the consumption and illegal trafficking of drugs and controlled substances. The initiative, spearheaded by Hato Mayor senator Cristóbal Venerado Castillo (PRM), seeks to amend Article 36 of Dominican Republic Law 50-88 on Drugs and Controlled Substances.

Dominican Republic law was previously amended earlier this month to extend ‘the prohibition on inciting the consumption of drugs and controlled substances’ to music, apparel, and ‘other means of dissemination.’ The previous amendment did not include a sanction.

This is obviously blatant reefer madness, and a clear attempt to trample on freedom of expression. Not all songs about cannabis or articles of clothing with cannabis leaves on them are geared towards encouraging consumption, not that it is necessarily wrong even if it is meant to encourage consumption.

However, many songs and articles of clothing and ‘other means of dissemination’ are political in nature, geared towards encouraging people to push for cannabis reform. This new policy is ripe for abuse and selective enforcement.

Cannabis Seizures Decrease 98% At California/Mexico Ports Of Entry

Historically, one of the most active parts of the world for illegal cannabis activity was along the border shared between the United States and Mexico. For many years cannabis cultivated in Mexico, and farther south in the hemisphere, was smuggled into the United States where it was then transported throughout the country.

In recent years, however, demand in the United States for cannabis cultivated in Mexico has decreased significantly due in large part to the rise of the legal state-level cannabis industry in the U.S. Starting in 1996 with the legalization of medical cannabis in California, a number of states have passed medical cannabis reform measures in the U.S. that resulted in the spread of legal sales.

The spread of legal cannabis commerce in the United States accelerated in 2012 with the passage of adult-use legalization measures in Colorado and Washington State, leading to a situation today in which nearly half of the United States now lives where cannabis is legal, with many states currently allowing home cultivation to some degree in addition to permitting sales.

With all of that in mind, it likely doesn’t surprise anyone that cannabis seizures at California/Mexico ports of entry are down in recent years. Although, it may surprise people just how much of a reduction has occurred. Below is more information about it via a media release from United States Customs and Border Protection. As you will see, cannabis seizures are down 98%:

SAN DIEGO — U.S. Customs and Border Protection officers conducting security operations at California’s ports of entry with Mexico performed more than 54.7 million inspections of travelers, seized more than 50 tons of illegal narcotics, and apprehended more than 74,000 immigration violators during federal fiscal year 2022.

CBP’s field office in San Diego includes the San Ysidro, Otay Mesa, Tecate, Calexico, Andrade and the San Diego air and seaports of entry.

During the fiscal year, which ended September 30, CBP officers at ports in San Diego and Imperial counties inspected more than 29 million passenger vehicles, more than 1.5 million trucks, almost 19,000 buses, and nearly 16 million pedestrians entering the U.S.

The total amount of narcotics seized during the year at California’s six ports of entry with Mexico decreased 38 percent compared to the previous period. Marijuana seizures decreased 98 percent to 320 pounds; cocaine seizures decreased by 23 percent to 8,790 pounds; heroin seizures decreased 68 percent to 764 pounds; methamphetamine seizures decreased 23 percent to 86,227 and fentanyl seizures increased by 5 percent to 6,704 pounds.

Brittney Griner Is Finally Free

International basketball superstar Brittney Griner is finally free and officially home in the United States after a ten month long saga in Russia. Back in February Brittney Griner, who plays basketball professionally in the United States and Russia, was arrested at a Moscow airport for allegedly possessing a personal amount of cannabis oil in one or more vape pen cartridges.

While Griner eventually pled guilty to the allegations, it’s still unclear if she was ever actually in possession of anything. Many legal observers have pointed out that 99% of criminal cases in Russia end in a conviction, and that by pleading guilty to the allegations it allowed negotiations between the United States (where Griner is a citizen) to formally begin.

Had Griner pled ‘not guilty,’ the case could have drug on forever and prevented any real chance of her seeing her home country ever again. With that in mind, an admission of guilt could have been a procedural strategy that was recommended to Griner by her legal counsel versus serving as actual proof that she was truly guilty of what she was accused of.

Regardless, even if Griner was actually in possession of one or more vape pen cartridges, her receiving even one day in jail would have been an inhumane injustice, let alone the ten years of hard labor in a Russian prison that she was originally sentenced to, or the ten months of incarceration that she ultimately served.

Thankfully, Griner is now home with her family and friends and can start the process of trying to regain her life, although I think it’s a safe assumption that there will be lingering trauma that she will have to deal with forever. I will obviously never know what Griner went through, but she has my utmost sympathy for many, many reasons.

Griner may be free from the Russian criminal ‘justice’ system now, however, she is certainly not free from stigma, as is clearly on display on social media right now. The announcement of the deal being completed to secure her release instantly yielded a robust debate about a number of things, including and especially domestic cannabis policy at the federal level in the United States.

Before I touch on the U.S. cannabis policy component of the debate that is currently raging online, I will point out that two popular talking points on this matter do not carry any water with me. The first is that, ‘Griner violated the law, so she got what she deserved.’ I will never, ever understand how someone can root for cannabis prohibition and the harms it causes to a person.

Cannabis prohibition is wrong, and subjecting people to it is unjust. That is true whether it’s in Russia or anywhere else. What happened to Griner is not a testament to her doing something wrong – it is a testament to how harmful Russia’s cannabis policies are.

The second talking point is something along the lines of, ‘Why not this person or that person? Why only a famous athlete?’ As I understand it based on extensive reporting, there was only one deal on the table to consider, and it was Brittney Griner for the Russian arms dealer that she was traded for. Unfortunately, there was no other offer at all for anyone else, and that renders this talking point completely moot, even though the talking point remains popular on social media.

A valid component of the debate is that domestic cannabis policy in the United States at the federal level is terrible. Just as Griner should not have been incarcerated for cannabis in Russia, so too should no one be incarcerated in the United States for cannabis-only offenses.

Brittney Griner’s return home is absolutely worthy of celebration, just as continuing to work to end the plight of cannabis prisoners within the U.S. is absolutely worthy of every ounce of effort that people can provide. The two are not mutually exclusive.

Cannabis Legalization Bill Approved By Colombia’s Senate

Colombia is home to one of the most favorable climates on earth when it comes to cannabis cultivation. Whereas in other areas the cannabis plant requires supplemental lighting and a buffet of nutrients, in Colombia the cannabis plant grows naturally on a large scale.

Cannabis cultivation is not new to the South American country, which historically has served as one of the top suppliers of unregulated cannabis and other banned substances for the global marketplace, particularly in North America.

Advocates in Colombia have made strides in building momentum for cannabis reform in recent years, and that was on display this week when the nation’s Senate approved a cannabis legalization measure, as first reported by Marijuana Moment:

The Colombian Senate has overwhelmingly approved a bill to legalize marijuana nationwide, though there are still more legislative steps that need to be taken before it’s potentially enacted into law.

The bill, which has also already received initial approval in the country’s Chamber of Representatives, was approved on the Senate floor during the fourth round of debate on Tuesday in a 56-3 vote.

The cannabis reform marathon may not have yet reached the finish line in Colombia, however, this is a milestone that is certainly worthy of tempered celebration. As is the case in politics in any country, nothing is guaranteed in Colombia when it comes to cannabis legalization, and legalization still faces a long road ahead.

Part of the political process in Colombia for a bill of this nature is a series of debates that have to be spread out over time. As a result, it’s quite likely that it may take as long as until 2024 for a bill to be finalized. Even then, any delays in the process would push legalization out even further.

As 2022 draws to a close and we head into 2023 it’s going to be very interesting to see where the cannabis discussion goes, both inside of Colombia’s borders, and beyond.

Higher THC Percentages Are Finally Coming To Pharmacies In Uruguay

One of my biggest cannabis public policy pet peeves is when governments institute THC percentage caps on products, primarily due to the negative impact it has on the suffering patients that desperately need cannabis products containing higher amounts of THC. I extend my distain for THC percentage caps to the adult-use industry because whether people realize it or not, many suffering patients obtain their medicine via the adult-use industry when possible, including in Uruguay where low-THC percentage limits have been in place jn pharmacies since legal sales began in 2017.

Uruguay first passed a national adult-use legalization measure back in 2013, making it the first country on the planet to do so since the dawn of prohibition. The historic legalization measure provided for various ways for consumers to obtain cannabis, including private clubs and home cultivation. It also provided for eventual legal sales through pharmacies for two varieties of cannabis flower, “alpha” and “beta” flower. Both options have a THC level of less than or equal to 9% and a CBD level of greater than or equal to 3%. Thankfully, a third option is on the way, and the cannabinoid limits are much more favorable.

“Gamma” Cannabis Flower

Juan Ignacio Tastás, the executive director of the Institute for the Regulation and Control of Cannabis (Ircca), announced recently that Uruguay is set to launch a third variety of cannabis to be sold through pharmacies. The new variety is called “gamma” and will contain a THC percentage that is less than or equal to 15%, and a CBD percentage that is less than or equal to 1%. The new option is expected to be available to consumers in Uruguay starting around December 20th.

To put things into perspective, cannabis flower that tops 30% THC is common in many legal states in the U.S. and in Canada. For some consumers, anything less than 30% is often deemed as not being strong enough. For patients in particular, especially those that suffer from chronic and severe pain, high-potency cannabis flower is an optimal form of medicine.

A huge benefit of adult-use legalization is that patients don’t have to jump through all of the hoops of a medical cannabis program to obtain their medicine. In Uruguay, they simply have to be of legal age and go to a licensed pharmacy that sells adult-use cannabis. However, that only works out if the pharmacy actually sells cannabis that is strong enough to help the suffering patient.

An Evolving Model

Part of the reporting out of Uruguay indicates that yet another strain, a fourth option, is being considered for pharmacies, with a potential release date being next December. No details seem to be available regarding what cannabinoid levels will be involved. It’s definitely possible that an option with an even higher level of THC could be involved, however, without any details surfacing I suppose it’s also possible that it could be a low-THC, high-CBD strain. We will all just have to wait and see.

One thing that is clear is that Uruguay’s adult-use cannabis regulation model, the first one in the history of the world at a national level, is still evolving. That in itself provides a learning moment for other countries that are exploring which components to include and exclude for their legalization frameworks. Lawmakers and regulators in those countries need to approach cannabinoid level limits objectively. By doing so they will no doubt realize that THC percentage limits do not serve any actual scientific purpose, but rather, are born out of reefer madness and as a result they should never be a part of any sensible cannabis public policy.

Cannabis Pilot Program Delayed Until At Least 2024 In The Netherlands

Historically, the Netherlands served as the international leader when it came to cannabis in many ways, particularly Amsterdam. It was no secret that people flocked from all over the globe over the course of many years to partake in coffeeshop cannabis offerings.

Had the Netherlands embraced cannabis more in recent years, it would have made it nearly impossible for any other country to take its title, and the country would be reaping the economic benefits from a booming cannabis industry. However, that is not the case.

While cannabis reform has spread to other countries, including in Europe, the Netherlands has not experienced similar activity. If anything, attempts were made to limit cannabis commerce, although unregulated cannabis sales still thrive throughout the country, especially in Amsterdam.

The Netherlands was set to launch a cannabis commerce pilot program, similar to what is being pursued in Switzerland and Denmark. Unfortunately, the launch of the pilot program has experienced several delays, and it appears the delays will continue to pile up. Per NL Times:

Health Minister Ernst Kuipers said that the experiment in regulated cultivated cannabis will be postponed again. He expects that “as it stands now” only legally produced cannabis will be able to be sold in coffeeshops in eleven municipalities in 2024, and that it is not possible to launch the project during the second quarter of 2023 as previously announced. He does want to try to begin with a “start-up phase” in a smaller number of municipalities.

According to the minister, the implementation of the cannabis experiment is “extremely complicated” and he understood that to be the reason why it has been postponed several times. The first hurdle is the paperwork: arranging locations, obtaining permits and arranging a banking license has turned out to be very complex.

A cannabis pilot program involves allowing local jurisdictions to permit limited adult-use cannabis commerce with the goal of collecting information and data at the local level to give national lawmakers more insight when crafting national laws and regulations.

Of course, an adult-use cannabis legalization pilot program is only useful if it actually launches. At this point, even 2024 doesn’t seem certain for a program launch in the Netherlands. Meanwhile, the push for national legalization continues elsewhere. It will be interesting to see what the cannabis policy landscape looks like in Europe by 2024.