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Legacy Vs. “Legitimate” Cannabis? The Answers Are Not So Clearcut

Written by Marguerite Arnold on . Posted in Business, Policy.

The line between legitimacy and legacy is increasingly blurry – and it is not clear that legalization will change this

In New York State, products from around the country are showing up on dispensary shelves. In South Africa, a fierce debate has broken out about preserving the ability of farmers in the Pondoland to grow their own cannabis (for sale elsewhere) without a license. The same kinds of issues are also present in Canada, where patients continue to have to defend their right to cultivate their own medicine. In Europe, indoor only GMP growing processes mandated by the German government are being challenged in other countries (and by the biggest cultivators).

No matter the details, there is one constant to this conversation. The entire debate around regulating either the medical or the recreational market and further distinguishing either from hobby cultivation is currently front and centre in countries across the region. This includes Malta, Italy, Luxembourg, and Germany. Holland appears to be moving in a direction that Spain might go with its clubs – namely crafting a national regulation for all cannabis that is commercially consumed – but it is pretty clear that non-licensed growing is not just going to end – certainly not overnight.

The reality is as legalization proceeds, there is often a very grey line between what is legit and what is not, as much as some would claim. But it is in these grey areas that policy is being written. How much of this will actually succeed?

It is not like there is a roadmap. There is no similar precedent anywhere. Nobody ever tried to regulate poppy farmers.

Home Grow Vs. Commercial Cultivation

There are two main issues that have never been adequately addressed, anywhere. The first is that banning a plant is impossible – much less preventing people from growing one. The second, however, is a discussion about commercial production (for either the medical or recreational market).

Yet in an environment where even the largest companies have been caught out – and for either malfeasance or being in the middle of changing regulations – finding a middle ground if not a transition path is anything but easy.

This is especially true in an environment where the vast majority of legacy growers feel “left behind” by an industry that is rapidly formalizing if not internationalizing. Most of this is caused by the cost of licensing and legitimacy measures beyond this that stretch through the entire supply chain.

There are also no easy answers when it comes to drawing the lines between non-profit vs for profit production either – which continue to get complicated beyond this in the private vs public company debate.

One thing is for sure. Legalization is opening up just as many thorny issues as the Drug War ever did.

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Malaysia To Learn About Thailand’s Cannabis Policies In Upcoming Meeting

Written by Johnny Green on . Posted in Policy.

Malaysia is home to some of the worst cannabis policies on the entire planet. To hammer home that point, consider the fact that people can still receive the death penalty for cannabis-only offenses in Malaysia.

Someone getting caught in possession of more than 200 grams of cannabis in Malaysia automatically yields the death penalty, even in cases which the person caught with the cannabis is using it for medical purposes.

Two hundred grams may seem like a lot of cannabis for one person to possess, however, that’s not an uncommon amount for someone that is using cannabis for medical purposes. In order to make strong edibles, which is a common consumption method for patients, recipes can call for well over 200 grams of raw cannabis.

Fortunately for medical cannabis patients, Malaysia seems to at least be exploring the idea of reforming its cannabis laws to allow some form of medical use. Medical cannabis efforts will get a boost next week when officials from Malaysia and Thailand meet. Per Reuters:

Malaysia plans to learn from the cannabis policy of neighbouring Thailand in its effort to legalise use of the drug for medical purposes, a health ministry official said on Wednesday, in a country where possession can bring the death penalty now.

The comments came after the Thai health minister said he would meet his Malaysian counterpart during a meeting of APEC health ministers next week where Thailand will showcase its work in legalising medicinal marijuana.

Suffering patients exist in every country on the planet, including in Malaysia. Patients everywhere deserve to have safe access to effective medicines in Malaysia and everywhere else, and that includes medical cannabis.

Hopefully the upcoming meeting involving health officials from Malaysia and Thailand will be constructive and yield results throughout the region. After all, Malaysia is not the only country in the region with horrific cannabis laws.

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Why Is Spain Sanctioning People For Cannabis Use?

Written by Johnny Green on . Posted in Policy.

Spain may not have the highest usage rate when it comes to cannabis on the European continent, however, it does sanction more cannabis users compared to its European counterparts according to a new statistical analysis.

The statistics of the European Observatory collected data provided by various European countries in regards to cannabis sanctions. The data was not for trafficking or cultivating cannabis, only cannabis use.

Even though Spain ranks third among European countries for cannabis use rates, it is first in issuing sanctions to consumers, and second place isn’t close. Per Publico:

Spain is the country in Europe where the use of cannabis is sanctioned the most, and by far , despite the fact that it ranks third in consumption, according to data from the 2022 report of the European Drug Observatory. Such is the difference that in Spain 43% of administrative or criminal offenses have been imposed -depending on the country’s legislation- committed in Europe for consumption or possession of marijuana. And the Citizen Security Law, better known as the Gag Law, has a lot to do with it.

According to the article in Publico, the Czech Republic and France have the greatest cannabis consumption rates in Europe. Compared to the Czech Republic, Spain issues 62 times more sanctions for cannabis use. That’s not 62% – it’s 62 times as many.

Cannabis is easily accessible in Spain, either via a club or a local dealer, and that has been the case for quite a while now. With cannabis reform spreading across the European continent, Spain needs to get it in gear and get on the right side of history.

Malta became the first European nation to pass an adult-use legalization measure late last year, and Germany is trending towards legalization. Countries like Denmark and Switzerland already have adult-use pilot programs.

Spain would be wise to take its rightful spot as a continental cannabis industry leader by passing reform measures. Cannabis prohibition is a failed public policy, and that is true in Spain just as it is true everywhere else.

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Judge Grants Home Cultivation Protection To Cannabis Patient In Brazil

Written by Frank Schuler on . Posted in Policy.

Back in June 2022, Brazil’s top Court ruled in favor of three patients that sought to cultivate their own cannabis. The Court at the time seemed to indicate that it felt Brazil’s government was purposefully trying to hinder safe access.

Another court case in Brazil was recently decided, this time involving one medical cannabis patient, and the ruling is in line with the previous top Court ruling that favored home cultivation. Per Extra:

A woman obtained in court a preventive habeas corpus that allows her to grow cannabis sativa for oil extraction for personal and medicinal use, in addition to authorization to import seeds. The request was made by lawyers Thais Menezes and Marianna Mendonça to the 7th Federal Criminal Court of Rio de Janeiro and granted by Judge Caroline Vieira Figueired.

According to the ruling, the patient in this latest case can cultivate up to 21 plants every 4 months, or a total of 63 plants per year. The patient reportedly will use the harvests to make cannabis oil.

A big part of the court’s decision seemed to hinge on the patient’s inability to pay the costs of imported cannabis oil products, which can be very expensive. I suspect this patient’s situation is more common than many people think.

Every patient should be able to cultivate their own medical cannabis within reason. Not every patient has the ability to cultivate cannabis due to physical and logistical hurdles, however, every patient should have the right to home cultivation regardless.

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More Britons Support Decriminalizing Cannabis Than Oppose It

Written by Frank Schuler on . Posted in Policy.

While many parts of the world are now trending towards adult-use legalization and/or comprehensive medical cannabis reform, if they haven’t already implemented such reforms, Britain continues to lag behind.

Technically, Britain does allow limited use of cannabis for medical purposes, with a heavy emphasis on the word ‘limited.’ It’s estimated that well over a million people in Britain could benefit from medical cannabis, however, the number of people actually afforded safe access is minimal.

Non-medical cannabis reform seems even further out of reach than comprehensive medical cannabis reform, although that’s not due to a lack of support from British citizens.

YouGov recently conducted a survey in which it asked the question, “To what extent would you support or oppose the de-criminalisation of the following currently banned substances?”

Out of the fourteen substances listed, cannabis was the only substance that received a greater level of support compared to the level for opposing reform.

Forty-five percent of respondents expressed support for decriminalizing cannabis while forty-three percent were opposed. Thirteen percent of respondents indicated that they ‘don’t know’ which way they feel about the question.

The next closest substance on the results chart was mushrooms, which received 28% support, 55% opposed, and 17% undecided.

The thirteen percent of undecided citizens when it came to decriminalizing cannabis is obviously significant, in that it’s a large enough percentage of people that if they decided to join the ‘opposed’ camp, that would obviously result in a majority.

However, those people could just as easily fall on the ‘support’ side of the equation, and studies have consistently found that the level of support for cannabis reform in polls is lower than the actual level of support in society. Hopefully lawmakers in Britain take notice.

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From Gun Bans To Driving Limits: The International War On The Rights Of Medical Cannabis Users

Written by Marguerite Arnold on . Posted in Policy.

In the United States, the Biden Administration is in favour of banning gun ownership for medical users. In Germany, there is an ongoing debate about driving limits. Such policies rely on outdated criteria to penalize cannabis users

The push to fully and federally legalize cannabis in places like the US and Germany right now is leading to some very unfortunate (and certainly rights-infringing) regulations.

In the US, as various cannabis bills languish in both the House and Senate, and Brittney Griner cools her heels in a Russian prison for possession of less than one gram of cannabis oil, the Biden Administration is (shamefully) defending a federal gun ownership ban for medical cannabis users. The issue is now front and centre in a legal battle launched by Florida agricultural commissioner Nikki Fried (a Democrat) to challenge the same. Fried is running as a Democratic challenger to the sitting Republican governor, Ron DeSantis.

No matter how one feels about gun control, the idea of punishing a sick person who takes a certain kind of medication (which could be any medication, beyond cannabis) is highly worrying. Not to mention represents grotesque discrimination against those with disabilities requiring medication.

In Germany, with a federal government now in the process of figuring out how to craft legislation for the full legalization of cannabis, one of the most controversial aspects of the same is setting drugged driving limits. Currently, drivers are charged with drugged driving if they are caught with even one nanogram of THC in their bloodstream – the smallest measurable amount possible. Both ADAC, the German version of AAA, and the working group of Traffic Court Day, an annual and highly influential congress that recommends new driving regulations to the government, are in support of the smallest limit possible.

That said, there is beginning to be a debate here about how problematic that is for medical users – particularly as they have a continual THC presence in their blood, even if not “high.” Beyond these heavier users of course, even a light recreational user can show traces of cannabinoids in their blood up to 60 days after their last joint. While nobody wants stoned drivers on the speed limit-free Autobahn, there needs to be some kind of compromise – not to mention some kind of technology deployment to the police – which can differentiate between recent enough use to impair driving and a THC blood level that shows constant use.

No matter where this kind of debate is taking place, however, it is clear that such questions have never been answered – and any new regulations are likely to be controversial enough to end up in court. Legislators are unlikely to be able to figure this out on their own.

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Spanish General Counsel Of Official Colleges Of Physicians Plans To Train Doctors In Cannabis Care

Written by Marguerite Arnold on . Posted in Policy, Science.

The formal approval of cannabis for medical purposes in Spain has created a demand to train doctors in prescribing medical cannabis

The Spanish General Council of Official Colleges of Physicians has announced plans to train doctors to prescribe medical cannabis. This endeavor however is not something specific to cannabis reform, but rather incorporates cannabis into already existing training programs for new medicines in general.

There is no date set for the initiation of the new program.

The Urgent Need for Doctor Training and Education

The need for doctors who understand how to administer cannabis as medicine has never been more urgent. As recreational reform how hangs in the balance in multiple European countries, how the drug interacts with the human body is an issue that still needs to be better understood – no matter the intention of the user.

There are several reasons for this. The first is, of course, medical. Most mainstream physicians do not understand how to administer cannabis – and specialists tend to err on the side of extreme caution – leaving many medical users without enough medicine. The additional issues include ending discrimination that still exists against medical cannabis users – such as prohibiting them from receiving organ transplants – to understanding how cannabis interacts with the human body.

The second reason, however, is clearly because additional reform is on the way. “Recreational users” will mushroom across Europe – many of whom are actually patients but do not realize it.

The Status of Cannabis Legalization in Spain

Spain pioneered the idea of cannabis clubs – the model for which has shown up internationally – and most notably, in South Africa. For the past decade, clubs have been established across the country and are now present in most Spanish cities. Barcelona remains the centre of club culture and where most of the country’s clubs are located.

Beyond this, Spain has issued five licenses for medical cultivation at a federal level, the last being issued just this year.

In addition, hemp cultivation is legal across the country – but only for industrial use.

The formal recognition of medical cannabis is an important step here – but it clearly won’t be the last. Training doctors in cannabis care is an important part of the process to normalize the use of the plant as a medicine.

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Colombian President Considers Removing License Prerequisite For Cannabis Cultivation

Written by Marguerite Arnold on . Posted in Business, Policy.

Newly sworn-in President Gustavo Petro is on the cusp of a revolutionary new national stance on cannabis cultivation – namely removing the requirement of licenses for the same

Gustavo Petro, the newly sworn-in, left-leaning President of Colombia, has made clear that ending the drug war will be a priority of his administration.

He even highlighted the same in his inauguration speech saying, “It is time for a new international convention that accepts that the drug war has failed, which has left a million murdered Latin Americans during these 40 years and that leaves 70,000 Americans dead from drug overdoses each year.”

Last week, he discussed his vision of a legal industry in Colombia at a summit of mayors.

Petro stressed the economic potential of a fully legal cannabis industry – and in a revolutionary move not often seen at the federal level – proposed removing the requirement to have a license for domestic cannabis companies.

He has also called for the release of prisoners held on non-violent drug charges.

As a former member of M-19 a guerrilla group, Petro is no stranger to violence, including over drugs.

Where Does Legalization Stand in Colombia?

Senator Gustavo Bolivar introduced new legislation last month which has a good chance of passing now that the country has a majority of liberal lawmakers. The position has also been recognized internationally, including by US Representative Jim McGovern (D-MA) who said that he looked forward to working together with such a forward-thinking executive to “rethink drug policy.”

How Would Unlicensed Cannabis Fit into International Standards?

Petro is suggesting a potentially radically new approach to the regulation of the cannabis industry – namely turning it into a regular commodity crop – like soybeans and corn. This does not mean that he is suggesting the cultivation of the crop without any oversight. All such food crops must comply with international standards on everything from pesticide use to the kind of soil they are grown in – even if not sold as “organic.”

This approach is a truly different one that the model that currently stands – thanks in large part to the approach adopted in Europe’s medical markets. Currently, the only high THC cannabis that can cross international borders is GMP certified (medical, pharmaceutical grade).

However, the debate about this is now starting to be heard across a much wider spectrum of debate given the pending legalization of recreational use aus Deutschland. It could be that Petro is angling to become first in line to import Colombian-grown cannabis into the new recreational market in Germany.

Whatever happens, however, Colombia is now at the forefront of an international discussion about regulation that will undoubtedly have an impact on the status quo. Globally.

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Hong Kong Taking First Steps To Crack Down On CBD

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

Earlier this summer government officials in Hong Kong announced that they are pursuing a plan to prohibit CBD entirely. The announcement came after it was determined that as many as one-third of CBD products in Hong Kong contain trace amounts of THC.

Hong Kong is home to a number of CBD companies and not just ones that infuse CBD into such products as drinks and foods. The City’s first CBD cafe opened in 2020 and since that time a number of other similar businesses have popped up in Hong Kong.

With a CBD ban winding up, businesses in Hong Kong that have built their models on the popular cannabinoid will likely have to close. Per Bangkok Post:

An unregulated market in goods containing the cannabis-derived compound has flourished since the city’s first CBD cafe, Found, opened in July 2020. The Asian financial hub now has dozens of cafes and shops selling CBD, but a government proposal to ban the substance before the end of the year puts those enterprises in jeopardy.

“With a full ban for CBD in Hong Kong, we would be forced to probably shelve the Found brand as it exists today,” said Fiachra Mullen, chief marketing officer at Altum International Ltd, which owns Found brand as it exists today,” said Fiachra Mullen, chief marketing officer at Altum International Ltd, which owns Found and supplies CBD products to other businesses in the city.

Several peer-reviewed studies have found that CBD is effective at treating a number of conditions and is safe for human consumption. For that matter, studies have also determined the same to be true for THC.

Hong Kong should be embracing the CBD industry, not seeking to destroy it. CBD is legal in a growing list of other countries, and the CBD market is worth billions of dollars at the international level. It’s a shame that reefer madness is ruining it in Hong Kong.