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

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

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

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

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

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

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

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

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

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

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

The Chamber’s recommendations include:

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

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

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

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Religious Stigma Could Hinder Cannabis Reform In Sri Lanka

Written by Hazel Norman on . Posted in Policy.

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

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

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

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

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

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

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

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

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

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Legalization Moves A Step Closer In Colombia

Written by Frank Schuler on . Posted in Policy.

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

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

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

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

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

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

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

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

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

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Ireland To See ‘Steppingstone’ Cannabis Reform Measure Introduced

Written by Hazel Norman on . Posted in Policy.

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

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

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

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

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

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

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

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

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

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U.S. Congress Passes Historic Cannabis Bill

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

In many ways the United States has historically served as ground zero for the war on cannabis. The U.S. is not the only country to prohibit cannabis at the national level, however, decades ago it largely led the charge in support of cannabis prohibition and wielded its international influence to make sure that prohibition became the law of the planet.

In recent decades the frost of cannabis prohibition in the U.S. has steadily started to thaw, particularly after Colorado and Washington State became the first in the nation to pass adult-use legalization measures in 2012 and subsequently launched adult-use sales in 2014.

Zoom forward to today and there are now 21 states that have passed adult-use legalization measures, in addition to Washington D.C. Gallup recently released its annual cannabis legalization poll results, and support remained at a record high of 68%. As I often point out, you will be hard pressed to find any other political issue in the U.S. right now that has that level of support.

Yet, despite that backdrop and growing momentum, cannabis reform within the United States Congress has lagged considerably. Various bills have come and gone over the years, with some seeing limited success in one chamber but not the other. That changed recently when both chambers of the U.S. Congress finally passed a stand-alone cannabis bill, with the bill currently awaiting the U.S. President’s signature.

The bill is called the “Medical Marijuana and Cannabidiol Research Expansion Act” and it would boost cannabis research efforts in the U.S. The legislation, which was originally introduced in July with bipartisan support,  passed the House prior to successfully making its way through the Senate.

“After working on the issue of cannabis reform for decades, finally the dam is starting to break. The passage of my Medical Marijuana and Cannabidiol Research Expansion Act in the House and Senate represents a historic breakthrough in addressing the federal government’s failed and misguided prohibition of cannabis.” stated Congressman Earl Blumenauer, who co-introduced the legislation in the House. Congressman Blumenauer has previously spoken at International Cannabis Business Conference events.

“As we have seen in state after state, the public is tired of waiting for the federal government to catch up. Nearly half of our nation’s population now live in states where adult-use of cannabis is legal. For far too long, Congress has stood in the way of science and progress, creating barriers for researchers attempting to study cannabis and its benefits. At a time when more than 155 million Americans reside where adult-use of cannabis is legal at the state or local level and there are four million registered medical marijuana users with many more likely to self-medicate, it is essential that we are able to fully study the impacts of cannabis use.” Congressman Blumenauer went on to say.

“The passage of this legislation coming just weeks after the change in President Biden’s posture towards cannabis is extraordinarily significant. We must capitalize on this momentum to move subsequent common-sense House-passed bills like the SAFE Banking Act, which finally allows state-legal dispensaries to access banking services and reduce their risk of violent robberies.” Congressman Blumenauer concluded.

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Pilot Project In Switzerland To Import Cannabis From Canada?

Written by Frank Schuler on . Posted in Business, Policy.

Cannabis pilot programs are part of an interesting public policy concept that is springing up in Europe. Essentially, cannabis pilot programs provide for limited adult-use cannabis commerce in a designated area and research from the pilot programs provide insight to lawmakers for if/when they craft national cannabis laws and regulations.

A cannabis pilot program already exists in Copenhagen, Denmark and lawmakers there are trying to expand pilot programs to other cities in the European country. All cannabis for Copenhagen’s pilot program is domestically produced.

Two other European countries previously announced plans to launch their own pilot programs, the Netherlands and Switzerland, although both countries have experienced setbacks. For the pilot program in Basel, Switzerland specifically, domestic cannabis failing to meet stringent pesticide requirements has resulted in the program looking elsewhere to source it’s cannabis, particularly in Canada. Per SRF News:

Possibilities of importing hemp from neighboring countries were clarified. According to the health department, the focus was on Germany. But because no solution was found, the Basel company switched to imports from Canada. “Canada has individual suppliers who legally sell organic hemp products.”

The ball is now in the hands of the Federal Office of Public Health, which grants approval for the pilot test and must also approve the import. Investigations are ongoing. “Whether a possible import is eligible for a permit, we can determine if there is a corresponding application or after its examination,” says the Federal Office.

How cannabis is sourced for adult-use commerce is tricky, which is being demonstrated by the ongoing effort in Germany to legalize adult-use cannabis sales. Germany is reportedly going to source all of the cannabis for its eventual adult-use market domestically. Apparently lawmakers and regulators seem to feel that while cannabis can be imported and exported for research and medical use, it cannot be imported for adult-use sales.

What is being proposed in Basel is somewhat interesting, in that someone could make a strong argument that the cannabis is indeed for research purposes, albeit to research whether adult-use sales can be properly regulated at a local level prior to being regulated at a national level. Only time will tell if the request in Switzerland is granted, and if so, what it would mean for other pilot programs.

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The EU Is Deciding On More Than Just German Legalization

Written by Johnny Green on . Posted in Policy.

When it comes to cannabis reform activity, Germany is undeniably on center stage with the international spotlight placed directly on it. Part of that is due to the fact that German lawmakers are actively pursuing adult-use cannabis legalization and the launch of a regulated industry, and part of that is also due to how high the stakes are. Lawmakers from Germany are currently making their opening arguments to continental leaders, both on the supportive side and on the opposition side of the issue. Depending on which side succeeds, it could yield huge ramifications for the rest of Europe.

It’s quite possible that if German legalization efforts receive the blessing of the European Union, that it will be seen as the European Union (EU) giving the green light to any other country that wants to follow in Germany’s footsteps. After all, if Germany is allowed to do it, then why can’t other countries do the exact same? From that perspective, the gravity of what the EU is deciding extends well beyond Germany’s borders.

Lobbying Efforts Underway

Last week lawmakers in Germany started their efforts to educate and lobby the European Union in an attempt to yield their desired outcome. On the ‘pro’ side is German Federal Minister of Health Prof. Dr. Karl Lauterbach. Prof. Lauterbach was in Brussels last week to negotiate with EU leadership. The crux of Minister Lauterbach’s position seems to be, “protection against drug crime, legal safe consumption only for adults.”

Bavaria’s Health Minister Klaus Holetschek was also in Brussels last week. His reported intent was to achieve the opposite result compared to what is being sought by Germany’s Federal Minister of Health. Klaus Holetschek is calling on the EU to refrain from granting permission to Germany’s national legalization effort.

“The federal government’s planned cannabis legalization is not only hazardous to health, but I am convinced it also violates European law,” said the CSU politician on Wednesday according to Bild, after his meeting with the responsible general director, Monique Pariat, in Brussels. It’s unclear at this time what impact, if any, the dueling meetings had on the EU decision making process.

Framing Matters

The words used to describe the motivation behind Germany’s legalization effort will likely play a very big role in whether or not the EU grants its blessing, which was touched on by German cannabis policy expert Kai Friedrich Niermann in a previous article that I posted regarding German legalization and the EU. Kai and his law firm KFN+ advise major CBD and medical cannabis companies around the globe. Kai is also legal advisor to the European Industrial Hemp Association (EIHA), and a regular speaker at International Cannabis Business Conference events.

“In order to comply with its obligations under international drug treaties and EU law, Germany has opted for an interpretative declaration to the monitoring bodies of the UN treaties, referring to its own constitutional principles, the case law of the Federal Constitutional Court and the interpretative declaration already issued on the 1988 treaty. According to the German government, the plan to legalize cannabis in Germany is in line with the purpose and legal requirements of the conventions, as the focus of the reform is the protection of health and young people, and not the promotion of cannabis consumption.” Kai Friedrich Niermann communicated a few weeks ago after Minister Lauterbach’s presentation to the federal cabinet in Germany.

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

That last part of Kai’s statement, touching on potential lawsuits from prohibitionist EU member states, is likely to prove to be tremendously significant in the coming years. Several countries are likely to follow in Germany’s footsteps, including the Czech Republic where leaders are indicating that they will pursue legalization on the same timeline as Germany. It’s likely a safe bet that just as there will be countries trying to join Germany, there will also be countries trying to prevent the spread of legalization. With that in mind, what the EU is currently considering may be specific to Germany, however, the ramifications of the decision will spread throughout the continent, so the significance of the decision cannot be overstated.

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Governments Need To Embrace Cannabis Tourism

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

A common misconception about cannabis reform is that once a jurisdiction’s lawmakers or voters initially approve an adult-use legalization measure, that there’s nothing left to do. In reality, that couldn’t be farther from the truth. The fact of the matter is that the push for reform continues well after a successful legalization vote. The effort behind pushing for sensible cannabis policies doesn’t change. Only the direction of where that effort is focused changes.

Immediately after an adult-use cannabis legalization measure is initially passed, the focus then shifts to more nuanced and granular aspects of cannabis policy. In the instances in which a jurisdiction’s legalization model permits legal sales, making sure that sensible regulations are adopted is extremely vital. One area of cannabis commerce that seems to often be overlooked, or at least is not properly embraced by governments, is cannabis tourism.

More Than Just Clubs And Lounges

Typically, when people think of cannabis-based tourism they think of coffeeshops, clubs, and lounges. While those are certainly valid examples of cannabis tourism, the sector of the emerging cannabis industry is much more complex these days, and evolving constantly. People still travel to Amsterdam to frequent the city’s historic coffeeshops, however, people now have far more options, and those options create additional opportunities for entrepreneurs and innovators.

Canada is home to the only nationwide, legal adult-use cannabis industry that is open to anyone of legal age. Uruguay also permits legal adult-use sales, however, they are limited to residents only. Malta passed an adult-use legalization measure late last year, and eventually the country will have cannabis clubs. However, no legal clubs are currently in operation.

Being that it’s a legal oasis to the world in many ways, Canada is a top international cannabis tourism destination. Consumption in public is still prohibited, so social use establishments like lounges play a vital role. Canada is home to a growing number of cannabis-friendly lodging choices, industry tours, and other ancillary cannabis tourism businesses, many of which do not ‘touch the plant’ directly.

A Growing Opportunity Cost

Some parts of the world are already established as top cannabis tourism destinations. It doesn’t take a cannabis historian to name some of them – The Netherlands, Spain, Jamaica, etc. For reasons that don’t quite make sense, very few of the current high-profile destinations seem to embrace cannabis tourism. That seeming lack of enthusiasm for cannabis tourism creates opportunities for other countries that want to fill the void.

For example, leaders in the Czech Republic have indicated that they want to follow Germany’s lead in passing an adult-use legalization measure, with a specific interest in becoming a cannabis tourism destination given the fact that current legalization plans in Germany do not appear to include cannabis clubs at this time.

“They do not have cannabis clubs that we are supposed to. I’m pretty sure I want to hold on to cannabis clubs until my last breath.” stated national anti-drug coordinator for the Czech Republic, Jindřich Vobořil in a post on his Facebook page.

People are going to travel to far off places for, among other things, cannabis experiences. This will be true even where cannabis remains illegal. Given that every country on earth needs increased public revenue, job creation, and boosts to local economies, cannabis tourism should be embraced by governments and not shunned. Any concerns about the sky falling if/when social use is permitted in a given jurisdiction are overblown, and the only people that claim otherwise are likely profiting directly off of prohibition.

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Poll Finds Very Low Support For Prosecuting Cannabis Possession In Scotland

Written by Hazel Norman on . Posted in Policy.

The Scottish government conducted a survey between the 21st of October 2021 and the 27th of March 2022, in which adults were asked “how much do you agree or disagree that people should not be prosecuted for possessing small amounts of cannabis for their own use?”

Cannabis is currently classified as a class B drug throughout the United Kingdom, including in Scotland. Anyone caught possessing cannabis could face jail time, a hefty fine, or both. According to a government report, 1.066 were prosecuted for illegal possession of cannabis in 2018-2019.

“Over three in five people (66%) ‘agreed’ or ‘strongly agreed’ that people should not be prosecuted, while just under one in five (18%) ‘disagreed’ or ‘strongly disagreed’ that small amounts of cannabis possession should not be prosecuted,” Scotland’s government stated along with the published data from the 2021/22 Scottish Social Attitudes Survey.

“In 2001, 51% either agreed or strongly agreed that people should not be prosecuted for possessing small amounts of cannabis for their own use. By 2009, the proportion agreeing had dropped to 34%. However, in 2021/22, the proportion who either agreed or strongly agreed with this statement had almost doubled from 2009 to 66%.” the researchers went on to state.

A deeper dive into the survey results yields further insight. If a survey participant had previously tried drugs before, they were considerably more likely to think that people shouldn’t be prosecuted for personal cannabis possession.

Roughly 89% of people that indicated past drug use indicated in the survey that they do not support prosecuting people for cannabis possession, compared to 57% of people that indicated that they had not tried any illegal drugs in the past.

A similar trend was demonstrated when it involved survey participants that had a friend or family member that regularly used illegal drugs, with 84% of participants in that category agreeing or strongly agreeing that people possessing a small amount of cannabis for personal use should not be prosecuted.

“This figure was lower, but still considerable, at around six in ten (57%) for those who did not have any friends or family who had regularly used illegal drugs.” researchers stated regarding the results.

“When asked whether people possessing small amounts of cannabis for personal use should not be prosecuted, 43% of those who agreed or strongly agreed that most people with problem drug use only have themselves to blame, compared with 77% of those who disagreed or strongly disagreed, agreed that cannabis for personal use should not be prosecuted.” the researchers also concluded.