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Will Brittney Griner Get A Fair Appeal To Her Cannabis Possession Conviction?

Back in February of this year international basketball superstar Brittney Griner was arrested at an airport in Russia for cannabis possession. The arrest apparently involved a personal amount of vape pen cartridges that allegedly contained cannabis oil. Ultimately, Brittney Griner would plead guilty to the allegations, although many have speculated that the guilty plea was merely a procedural thing to start the process of a possible prisoner swap, as that can only occur after a conviction is rendered. Griner has appealed the sentence related to the conviction, and a Russian court has set a date for the 25th of this month for the appeal.

When it comes to initial criminal court cases Russia has a 99% conviction rate, which speaks for itself regarding the level of fairness, or lack thereof, in Russia’s court system. That is something that legal experts have pointed to as likely another reason why Griner pled guilty and seemed to throw herself at the mercy of the court, as the conviction was basically a forgone conclusion, and that is even further compounded by the political factors involved with Griner’s case. All of that brings into question what level of fairness Griner will receive during the appeal process.

Why Appeal A Conviction In A Corrupt System?

It is very much worth noting that just because a court in Russia set a date for the appeal proceeding to begin that does not mean that it will automatically occur. As evidence of that, consider how many times Griner’s initial court proceedings were delayed. The United States and Russia are currently in negotiations to include Griner in some type of prisoner swap, and it’s likely a safe bet that she will unfortunately continue to be used as a political pawn, as the rising tensions between the two countries doesn’t appear to be cooling off any time soon.

With that in mind, it seems unfathomable that a court in Russia would do anything to intervene in the situation, including reducing Griner’s nine year sentence. What is more likely to occur, in my opinion, is that her case will continue to be used as political theater, and that any number of delays and/or extensions will occur to maximize the political usefulness of that theater. Don’t get me wrong, I would obviously love to see Griner win her appeal outright and be able to come home immediately, however, that doesn’t seem to be realistic based on everything involved. Griner appealed her lower court decision presumably because she had no choice but to do so, as the alternative is to accept an inhumane conviction and related nine year sentence.

The Political Solution

Unfortunately, the odds of Brittney Griner receiving justice via Russia’s court system are not strong. In fact, they are dismal at best. Realistically, the only way that Griner will be able to come home short of serving her entire prison sentence in Russia is via a prisoner swap, and the burden of succeeding at that falls entirely on the leaders of the United States and Russia. Reports have surfaced of offers being made and rejected, however, what it will take to get a deal completed seems to be uncertain at this time.

The effort to free Griner has followed a precarious path, with the Biden administration initially seeming to be unwilling to get involved and reportedly even told Griner’s family and fellow members of the WNBA to not speak publicly about the issue for fear that ‘it may make Griner a political pawn.’ The posture from the Biden administration has since changed, both in Griner’s specific cannabis case as well as in potentially thousands of domestic cannabis possession cases via a recent mass pardon issued by President Biden. Yet, the Biden administration only represents half of the parties involved in a prisoner swap, and with the other half of the equation currently in the midst of war against an ally of the U.S., there’s no telling how long it could take, and also what it will take, before Griner is finally free.

Morocco Government Issues Ten Permits For Cannabis Production

Morocco first adopted its current medical cannabis policy last year. The 2021 measure authorized the legal production of cannabis for medical, cosmetic, and industrial uses, as well as tasked a national agency to oversee the launch and operation of the industry.

Back in March of this year Morocco’s government selected three provinces where medical cannabis would eventually be legally cultivated for domestic and export purposes. Roughly three months later the nation’s national cannabis regulatory agency met for the first time, moving the launch of the nation’s legal industry one step closer.

This month Morocco’s industry effectively did launch, in that the government issued its first round of cannabis production permits. Per Reuters:

A Moroccan state agency has issued the first 10 permits for the use of cannabis in industry and medicine and for export, it said, the result of a law passed last year.

Farmers who organise into cooperatives in the northern mountain areas of Al Houceima, Taounat and Chefchaouen will be gradually allowed to grow cannabis to meet the needs of the legal market, the agency said.

Morocco has long served as a top source for unregulated cannabis, particularly hashish. Consumers and patients all over the world, and particularly in Europe, consider Morocco’s unregulated cannabis products to be top shelf.

It will be interesting to see if Morocco’s success in the unregulated market transfers over to the regulated industry. Only time will tell, although, the speed at which Morocco is moving is certainly encouraging.

Poll Finds Majority Support For Medical Cannabis Legalization In Singapore

Singapore is currently home to some of the worst cannabis laws on earth. As proof of that, consider the fact that people can still be subjected to the death penalty for cannabis-only offenses, a penalty that was rendered as recently as this last summer by authorities in Singapore.

The nation’s obsession with reefer madness is not just found in law, but also elsewhere in Singapore society such as athletic competition. Singapore swimmer Joseph Schooling became an international sensation in 2016 when he defeated the United States’ Michael Phelps in the 100-meter butterfly.

Schooling wasn’t just the first swimmer from Singapore to become an Olympic champion – he was the country’s first Olympic champion ever for any category. It’s a distinction that he holds to this day. Unfortunately, Schooling admitted to using cannabis and is currently being ruthlessly shamed by his government in addition to being suspended from competition.

With all of that going on, it’s clear to see why the results of a new poll demonstrating majority support for medical cannabis legalization is significant. Per The Straits Times:

Slightly more than half of 1,000 Singaporeans and permanent residents surveyed recently believe the Republic should consider legalising cannabis for medical purposes.

Asked whether Singapore should consider legalising cannabis only for medical purposes, 53 per cent said “yes”.

Unfortunately, the support for medical cannabis reform does not appear to extend to recreational cannabis reform, as only a mere 12% of poll respondents expressed support for adult-use cannabis legalization.

The poll was commissioned by The Sunday Times and in partnership with the consumer research company Milieu Insight in September 2022.

What Does Joe Biden’s Announcement Mean For The International Cannabis Industry?

United States President Joe Biden made a big announcement today regarding federal cannabis policy, indicating that he is issuing a pardon to everyone convicted of a federal cannabis possession charge. You will be hard pressed to find a mainstream media outlet that isn’t covering it in some fashion, although many of those outlets appear to be overstating some components of the announcement, especially as it pertains to the emerging cannabis industry.

It’s very important for people to understand what President Biden’s announcement involves, what it doesn’t involve, and where things will likely go from here. It’s amazing news to be sure given the historical context of cannabis prohibition in the United States at the federal level. However, as will all things cannabis politics related, it’s important to keep everything in perspective.

What Did Joe Biden Announce?

President Joe Biden’s announcement essentially had three components. The first is that he will be issuing pardons to people convicted of federal cannabis possession charges. Initial estimates seem to be that the scope of cases will be about 6,500 total. To some cannabis advocates that number seems super low, but people need to realize what exactly Biden’s pardon covers, and equally important, what it does not cover.

Biden only has the power to pardon people convicted of federal charges, not state charges, and there are way more people with state convictions on their records versus federal. Furthermore, Biden is not extending pardons to people that have cultivation or distribution related convictions on their records, only personal possession. With all of that in mind, the 6,500 statistic that is being floated around doesn’t seem too low to me, although, only time will tell how many cases it ends up involving.

The second component of Biden’s announcement is that he will be encouraging state governors to adopt his pardon effort at the state level. It is unclear at this time what governors, if any, will follow Biden’s lead, although several states in the U.S. have already taken similar measures (as well as additional measures). Lastly, President Biden is tasking his related Department heads to re-examine the United States’ cannabis policies, with a heavy focus on scheduling. Currently, cannabis is classified as a Schedule I substance in the United States – the strictest classification possible.

Good News For The Industry?

As it stands right now, very little of what Joe Biden announced today pertains to the cannabis industry, let alone provides it any direct relief or assistance. After all, cannabis possession pardons don’t have any industry component. With that being said, the fact that the sitting U.S. president is taking an active role in exploring federal cannabis policy reform, and in the case of pardons, he is taking significant action, that is obviously a great thing.

The United States has historically led the charge when it comes to global cannabis prohibition, and while the same zest for prohibition has not been found in recent administrations compared to the likes of the Nixon administration, prohibition and reefer madness talking points have largely continued to dominate the rhetorical landscape.

“I’d also like to note that as federal and state regulations change, we still need important limitations on trafficking, marketing, and underage sales of marijuana.” Biden stated in his announcement.

Notice he didn’t say that the industry shouldn’t be allowed, but rather, he spoke from a pro-regulatory position. At the very least, there is a clear change in tone out of the White House when it comes to the emerging cannabis industry, and that is bound to help change at least some lawmakers’ minds around the globe, and hopefully, soften their hearts a bit.

London Mayor Still To Pursue Cannabis Reform Despite Political Pushback

Earlier this year the Mayor of London, Sadiq Khan, launched a commission to explore London’s cannabis enforcement policies in addition to other drug enforcement policies. Taking a hard look at London’s cannabis policies was one of Mayor Khan’s campaign pledges during his re-election bid.

One of the things that Mayor Khan is essentially pushing for is cannabis decriminalization, which is not as good as outright legalization yet is obviously superior than arresting people caught with a personal amount of cannabis.

Khan’s desire to change London’s cannabis enforcement policies was condemned by other officials, including Steve Reed, the Labour’s Party’s shadow justice secretary. As we previously reported, Reed made the ridiculous claim that cannabis decriminalization would “turn London into a drug supermarket.”

It appears that London Mayor Sadiq Khan is undeterred, indicating that he will proceed with his his reform commission plans regardless of what others think. Per My London:

But Mr Khan told Labour conference there was a need to look again at the legislation. He said he meets young black Londoners every week who have a criminal record because of possession of cannabis: “That record affects them for their entire life. I meet experts who tell me the consequences of dangerous skunk being sold in an unregulated market and the psychosis it can cause.”

He added: “I’ve got a genuine open mind. I’m going to look at what the commission comes back with, follow the evidence, and decide what to do going forward…if it means going against public opinion like I did with air quality…I’ll do it.”

It wouldn’t be public opinion that Khan would be going against if/when he chooses to change London’s cannabis enforcement practices. As we previously reported, people in London support a change in cannabis enforcement practices in their city per a recent YouGov poll.

“New YouGov data finds that Londoners support decriminalising cannabis within the boundaries of the capital by 50% to 33%. However opinion is divided across party lines, with 64% of the capital’s Labour voters supporting such a move compared to only 34% of Conservative voters.” YouGov stated at the time.

Switzerland’s Cannabis Legalization Pilot Program To Expand To Geneva

Switzerland is following in Denmark’s footsteps by launching its first adult-use cannabis commerce pilot program. A little over two weeks ago legal cannabis sales were supposed to begin for adult-use purposes in Basel, Switzerland for the first time as part of a localized cannabis pilot program, although the launch was delayed and it’s unclear if sales have started, and if not, when they will start. Regardless, just as Denmark is seeking to expand its pilot program to other cities, Switzerland is planning on doing the same, with a pilot program now being announced for Geneva in 2023.

The Netherlands is another European country that is trying to launch adult-use pilot programs, although that effort has experienced a series of delays as we previously reported. Lausanne, Switzerland is also set to launch a pilot program in the near future.

A Slower Path To National Legalization

The goal of an adult-use cannabis commerce pilot program is to help national lawmakers and regulators gain insight into what works and what does not work at a local level when it comes to cannabis policy in order to be better suited to craft national policies. That may prove to be a two-edged sword in that it will likely ensure that national legalization happens eventually, however, it may also ensure that legalization does not happen in the near future, as the Switzerland pilot program itself was originally slated for a five year cycle, with a possible multi-year extension option for local jurisdictions.

A big question that I have, and I know I am not alone in wondering this, is will Switzerland scrap the pilot programs and go with full national legalization once Germany passes its own legalization measure and implements a robust, regulated adult-use industry? Or will it stay the course and wait at least five years after the launch of local pilot programs before taking action at the national level? Obviously, there is a tremendous opportunity cost involved if Switzerland waits too long to make the larger leap.

Expanding Pilot Programs

As of right now, there is no firm date for legalization in Germany, although legalization there does appear to be inevitable and it’s a question of ‘if’ not ‘when.’ In the meantime, it would be a great thing for Switzerland to expand its pilot program to as many cities as possible. After all, if every city in Switzerland was home to a pilot program, that would effectively legalize cannabis for adult use for many people, although there is a limited number of slots for each program so presumably there would still be a lot of people left on the outside looking in.

Pilot programs are a great short-term concept and absolutely better than outright prohibition. With that being said, they are also far inferior to national legalization, such as can be found in Canada, and lawmakers in Switzerland need to recognize that and push harder for wider reform. Cannabis prohibition is a failed public policy, including in countries that are home to adult-use pilot programs. Switzerland, Denmark, the Netherlands – they all ultimately need to ditch the piecemeal approach and move towards comprehensive national legalization.

Will Europe’s Emerging Cannabis Industry Reach Its Full Potential?

The emerging cannabis industry is now legal in more places in Europe than at any other point in time since the dawn of prohibition, and that is clearly good news for consumers and patients across the continent. A great deal of reform still needs to take place to be sure, however, momentum is building and the European legalization light at the end of the prohibition tunnel continues to shine brighter with every passing year.

One of the best examples of that momentum on display came late last year when Malta became the first European country to pass a national adult-use legalization measure. While Malta’s legalization model is not as robust as the models found in Canada and Uruguay, the passage of a national legalization measure was still historic nonetheless. Adult-use pilot programs are already underway at the local level in Denmark, and those programs are also expected to be launched in the near future elsewhere. Yet another example can be found via low-THC cannabis products, or ‘cannabis light,’ which are now commonly bought and sold all over Europe.

The Biggest Domino Of Them All

The largest cannabis policy elephant in the figurative continental decision-making room is, of course, Germany. The European country is home to the continent’s largest economy and Germany shares more borders with other nations than any other country in Europe. Obviously, Germany holds tremendous political power in Europe and at the international level, so the significance of legalization there cannot be overstated. With the country trending towards launching an adult-use cannabis industry in the coming years, every cannabis observer around the world is glued to what is going on within Germany’s borders.

Not only will Germany likely prove to be the largest domino of them all and open the floodgates to reform elsewhere in Europe, Germany will also likely serve as the blueprint for legalization efforts and models in other countries, especially within the continent. Part of what is enticing about Germany is that it is such an enormous economy with a huge population, however, the fact that Germany is doing a lot of the heavy lifting right now when it comes to crafting cannabis policies and industry regulations on such a grand scale is also significant, as provisions will be adopted in part or entirely by other nations. No country will have to ‘start from scratch’ if they do not want to.

Tolerating The Cannabis Industry Versus Embracing It

Logically, there is a huge difference between European lawmakers and regulators tolerating the cannabis industry versus embracing it. Casual public policy observers may think that simply allowing the cannabis industry to legally operate is enough to ensure success, yet that is not the case. The emerging cannabis industry presents a once in a generation opportunity to do a lot of good for all of society, and thus it should be embraced by lawmakers and regulators as such.

Every government benefit and assistance that is afforded to other large industries in Europe should also be afforded to the emerging cannabis industry. Additionally, all nations need to work together to harmonize regulations to help mitigate unforeseen hurdles and barriers to industry growth. By embracing the emerging cannabis industry governments will then be able to harness it to create much-needed jobs, help suffering patients, boost local economies, and generate public revenue throughout the continent, including in rural areas.

Former President Of Mexico Says Legalization Will ‘Pull The Rug Out From Under The Cartels’

In late 2018 Mexico’s Supreme Court issued two landmark rulings that collectively overturned the country’s prohibition on cannabis as it pertained to recreational use. The rulings established case law that all judges in Mexico are bound by, however, they did not completely set the nation’s cannabis policies, particularly when it comes to the cannabis industry.

Part of the Court’s decisions back in late 2018 involved Mexico’s federal lawmakers being tasked with passing a measure that would fully implement cannabis legalization and create an adult-use cannabis industry. The Court’s mandate initially involved a one year deadline.

Unfortunately, the deadline was not complied with and a series of extensions have come and gone, yet cannabis advocates in Mexico are still waiting on a measure to be passed. Various lawmakers have hinted that legalization is near, although at this point many cannabis advocates inside and outside of Mexico see those claims as nothing more than pandering.

Former President Vicente Fox is an outspoken advocate for cannabis reform in Mexico, and he recently expressed frustration with how long the process is taking to get a legalization measure passed. He also made a bold claim regarding legalization and Mexico’s drug cartels. Per excerpts from Mexico News Daily:

Former president and marijuana entrepreneur Vicente Fox has urged lawmakers and authorities to legalize and regulate the recreational use of cannabis, asserting that doing so will reduce cartels’ income and create economic opportunities for ordinary Mexicans.

“Sometimes people ask why [former] president Fox is involved in this, if he is a druggie or pothead – a lot of people make jokes,” Fox said. “I’m involved in this because I’m totally convinced that legalizing marijuana is [the way] to pull the rug out from under the cartels.”

How long it will ultimately take for lawmakers in Mexico to pass a legalization measure and for regulators to launch a regulated adult-use industry is anyone’s guess at this point. In fairness, it is worth recognizing that creating a regulated adult-use industry in Mexico is much different compared to many other countries due to the cartel factor.

The industry has to be set up in a way that minimizes the involvement of cartels in the regulated industry, as it’s very logical to assume that cartels will work very hard to gain as much of Mexico’s legal market as possible. If that proves to be the case it will be very unfortunate. Mexico not only needs to legalize cannabis, it also has to legalize the right way.

The Greens Urge Australia’s Federal Parliament To Legalize Adult-Use Cannabis

Australia is home to an emerging cannabis industry, although cannabis laws vary from state to state throughout the country. The most progressive region when it comes to cannabis policy can be found in the Australian Capital Territory (ACT), where cannabis was decriminalized in 2020.

In fact, as we previously reported, the University of Sydney is launching a free cannabis testing program for residents of ACT that want to test their cannabis. The goal of that program is to gather insight into what potencies and varieties of cannabis consumers are actually cultivating and/or consuming in Australia. That insight, in theory, will help lawmakers craft policies and regulations.

Leadership among The Australian Greens, or The Greens as the party is often referred to, is urging the nation’s government to legalize cannabis for adult use at the national level, and in the process, supersede any local prohibition policies. Per The Guardian:

As the minor party ramps up its campaign to legalise cannabis ahead of a planned private member’s bill to be introduced next year, the Greens’ justice spokesperson, David Shoebridge, said the advice from constitutional lawyer Patrick Keyzer paved the way for new federal laws.

The advice suggests that there are three commonwealth heads of power that would enable it to legalise and regulate cannabis use, with the clearest pathway via a part of section 51, which relates to copyrights, patents of inventions and designs, and trademarks.

Whether or not that proves to be a viable path to adult-use legalization in Australia is something that we will all have to wait and see. Even if there is a viable path to legalization in Australia, and the other claims by The Greens are accurate regarding federal law versus local law, the political will to pass a legalization measure still has to be in place, and that is likely not the case right now, unfortunately.

According to a poll conducted earlier this year by Essential Research, 55% of voters in Australia want cannabis to be legalized and regulated like alcohol. It’s a public policy and industry approach that is already working in Uruguay and Canada, as well as at the state-level in the United States.