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Italy Struggles To Set Regulations For Home Grow

The European country is struggling to create regulations and guidelines for home grow after Italy’s top court decriminalized cannabis in late December 2019

In a sign that Covid might have slowed but cannot indefinitely delay the progress of cannabis legalization across the continent, and even in some of its most conservative countries, a committee of the Italian Senate (the Justice Committee of the Chamber of Deputies) has voted to allow Italians the right to grow up to four cannabis plants at home.

This move comes “only” 21 months after the Court of Cessation, the equivalent of the Supreme Court, ruled that the “crime” of cultivating narcotic drugs should be changed to allow small amounts of the plant grown at home and for the exclusive use of the grower. While the delay absolutely had to do, partly, with Covid, not every politician is copacetic about this kind of cannabis reform. Indeed, right-wing League Party leader and former interior minister Matteo Salvini stands fastly opposed to the idea. “Drugs cause harm, forget about growing them or buying them in shops” he said in a statement issued shortly after Italian lawmakers signalled their intent to let this legislation progress for both amendments and the full consideration of the 630 deputies in plenary session.

How Popular Is the Idea of Home grow In Europe?

Home grow is a perennially sticky wicket just about everywhere the regulated if not medical cannabis industry has begun to cultivate if not distribute. In Canada and the United States, such enterprises seeded the basis for the industry to begin. It is not a right, however, that can exist unimpeded by some kind of regulation, even in Canada, where regulators are concerned now about such cannabis entering the commercial market.

In Europe, these issues have not been widely legislated, although it is clear that Italy is leading the fight on this aspect of reform. It is also not likely to be the last country where this right is won by patients, and in court.

The Impact on The German Discussion

Within the German cannabis industry there is a great deal of discussion about how the upcoming elections might change the state of cannabis reform in the country. With several countries all around Deutschland now clearly moving forward on more progressive reform, beyond this development in Italy, it is likely that some kind of progress is in the offing.

What that will look like, however, particularly in the aftermath of patient lawsuits not only for access but cultivation, is anyone’s guess.

Stay tuned. The worm is certainly turning.

The International Cannabis Business Conference is back! Stay tuned for upcoming news and developments.

Uruguay Likely To Allow Legal Cannabis Sales To Tourists

Uruguay made history in 2013 when it became the first country on the planet to legalize cannabis for adult use. Various countries had enacted cannabis decriminalization measures prior to 2013, or cannabis was ‘tolerated’ in certain countries, or in the case of the U.S. cannabis was legal for adult-use in some jurisdictions as of 2012 (Washington State and Colorado).

However, the title of ‘first country to legalize cannabis for adult use at a national level’ will forever be bestowed upon Uruguay. Since Uruguay legalized in 2013 only one other country has passed somewhat similar legislation – Canada. However, whereas Canada legalized cannabis sales to all adults of legal age, Uruguay’s model still does not provide for legal sales to non-residents.

It’s an interesting difference that has played out for several years now, and it is likely that most countries that legalize in the future will adopt a model that is more in line with Canada’s model versus Uruguay. Even Uruguay appears to be moving closer to a Canadian model. To be fair, Uruguay was the first to ever enact such a historic cannabis policy, so it is understandable that they wouldn’t get that part right at first. Fortunately, it’s likely that tourists in Uruguay will get to make legal purchases in the near future. Per Hindustan Times:

The first country in the world to legalize most uses of marijuana is looking to capture business away from illicit sellers and bolster its cannabis industry by allowing foreign visitors to buy pot.

The administration of Uruguayan President Luis Lacalle Pou could release its plan as soon as this year in a bid to build political consensus and support, said Daniel Radio, secretary general of the National Drugs Board. The aim isn’t to promote Uruguay as a destination for cannabis tourism, but rather to steer tourists away from the black market and into the regulated market, according to Deputy Tourism Minister Remo Monzeglio.

It is no secret that currently cannabis can still be easily obtained by tourists in Uruguay. It’s not as if since legal sales are not permitted that tourists aren’t purchasing cannabis in Uruguay. Many tourists purchase cannabis every day in Uruguay, it’s just that the sales are from unregulated sources.

Uruguay, like every other country on earth, should allow legal, regulated sales. Consumers benefit from being able to purchase lab tested products in well-lit areas without the fear of prosecution. Local regions benefit from the creation of good jobs, and all levels of government benefit from tax revenue and fee generation. Hopefully Uruguay makes the shift sooner rather than later.

Zimbabwe Continues Shift From Tobacco To Cannabis

Cannabis reform is spreading across the African continent, albeit in a slower fashion compared to most other continents. Many countries in Africa are at least exploring medical cannabis reform. In the case of South Africa, adult-use legalization appears to be on the way soon.

African nations have historically taken a harsh stance against cannabis, treating it as a very harmful substance. Fortunately, that has changed in recent years, including in Zimbabwe.

Zimbabwe is currently the largest producer of tobacco in Africa. In fact, it is estimated that as much as 20% of Zimbabwe’s exports are for tobacco. With demand for tobacco products shrinking across the globe, farmers in Zimbabwe are looking for a better crop to cultivate.

Cannabis cultivation was decriminalized in some instances in Zimbabwe in 2018, and the country’s first legal harvest occurred a year later. Industry regulations came a year after that, and Zimbabwe is now home to an emerging legal cannabis industry. Per Hemp Today:

Investors from Germany, Switzerland and Canada are among those who have received cultivation and processing licenses under Zimbabwe’s cannabis program. A total of 57 licenses were handed to both foreign and local enterprises, the Zimbabwe Investment and Development Agency (ZIDA) announced this week.

The Ministry of Lands and the Medicines Control Authority of Zimbabwe are working with ZIDA in administration of the cannabis business, and share authority for regulatory requirements.

ZIDA said some farms are already operating.

The legal cannabis export landscape is getting more crowded by the day, with more countries ramping up their domestic cultivation operations with an eye for the international market.

The timing of Zimbabwe’s export licensing efforts could prove to be crucial if it results in the country gaining a significant foothold on the international export market prior to other countries being able to do so, including other countries in Africa.

Adult-use legalization does not appear to be on its way any time soon in Zimbabwe, however, if the cannabis plant can surpass the tobacco plant when it comes to revenue generation, that could speed up the process.

U.S. Drug Official: Legalization Hasn’t Led To Jumps In Adolescent Use

Cannabis opponents have several go-to propaganda talking points, however, the ‘what about the children’ talking point seems to be their favorite one. It’s definitely one that they go to early and often whenever cannabis reform efforts are ramping up in a particular jurisdiction and opponents want to spread false fear.

However, that talking point is slowly dying a natural death as cannabis reform continues to spread across the globe. With every reform that is implemented, the ‘what about the children’ talking point gets further debunked as a regulated system keeps youth consumption rates in check.

Opponents act as if cannabis reform opens the floodgates to youth access to cannabis while simultaneously acting as if prohibition is a better policy. The fact of the matter is that under prohibition cannabis is still widely available for most youth, and the cannabis that they obtain is untested and could be contaminated with who knows what.

Compare that to a regulated system where products are tested, as well as tracked from seed to sale. In a regulated system, people check the ID of the purchaser to ensure that they are of legal age. Under prohibition, there obviously is no legal age – youth are only hindered by finding a dealer that will sell to them.

The top federal drug official in the United States recently acknowledged that legalization has not resulted in a spike in youth consumption, which serves as a direct blow to the propaganda efforts of cannabis opponents. Below is more information about it from our friends at NORML via a news release:

The enactment of statewide laws regulating the adult-use cannabis market has not led to an increase in the percentage of young people experimenting with the plant, according to comments made recently by Nora Volkow, Director of the US National Institute on Drug Abuse.

Speaking on a podcast hosted by Ethan Nadelmann, the former Director of the Drug Policy Alliance, Volkow admitted that she had initially expressed concerns that legalization would lead to an increase in the prevalence of adolescents consuming cannabis. Thus far, however, she said, “Overall, it hasn’t.”

To date, dozens of federal and state-specific surveys have failed to identify any independent link between the legalization of cannabis for either adult-use or medical purposes and any rise in the percentage of teens using it. Moreover, data published in 2019 in the journal JAMA Pediatrics reported that the enactment of laws regulating the use of cannabis by adults is associated with declines in self-reported marijuana use by young people. Separate data compiled by the US Centers for Disease Control has reported that the number of adolescents admitted to drug treatment programs for marijuana-related issues has fallen precipitously in states that have legalized and regulated the adult-use market.

During the interview, Volkow also acknowledged that legalization has been associated with “better outcomes” in various states, and that federal laws and regulations on the cannabis plant have “hindered” scientists’ ability to research it – particularly with respect to the plant’s therapeutic efficacy.

An audio archive of the Nadelmann/Volkow interview is available online. Additional information regarding cannabis and teen use patterns is available from the NORML fact sheet, ‘Marijuana Regulation and Teen Use Rates.’

Panama Unanimously Approves Medical Cannabis Bill

Central America consists of seven countries – Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama. All of those countries have differing cannabis laws.

Less than 10 grams of cannabis has been decriminalized in Belize since 2017. ‘Personal consumption’ carries no penalty in Costa Rica, although it’s unclear what ‘personal consumption’ entails.

El Salvador has particularly harsh cannabis laws, as does Guatemala to a lesser degree. Consuming cannabis in Honduras is illegal, yet ‘tolerated’ in some regions. Cannabis is also illegal in all forms in Nicaragua.

With that in mind, it is historically significant whenever a Central American country reforms its cannabis laws, which is what is happening in Panama. Per Reuters:

Panama’s national assembly unanimously passed a bill on Monday that would regulate the use of medical cannabis, making it the first nation in Central American to do so.

The proposal, which would set up a registry of authorized cannabis patients and permit further research on the drug, was approved by a vote of 44 lawmakers in favor and none voting against it.

The medical cannabis measure that received unanimous support in Panama’s national assembly now goes to President Laurentino Cortizo for a final signature.

Panama may not be the first country to legalize cannabis for medical use, and in fact is quite a bit behind many other countries, however, it is the first to legalize medical cannabis in its region, and that is definitely worthy of celebrating.

Japan Minister Directs Local Governments To Ease Restrictions On Hemp

Japan is currently home to some of the harshest cannabis laws on planet earth. Currently, possession of cannabis carries a potential prison sentence of up to 5 years in Japan. Also, the cultivation of cannabis carries a potential prison sentence of up to 7 years.

As if that wasn’t bad enough, Japan’s health ministry recently created a panel to analyze the nation’s cannabis laws to see if they can be made harsher. The ordered review was apparently in reaction to ‘rising cannabis consumption rates among Japan’s population.’

In 2019 Japan experienced a 21.5% increase in measured cannabis consumption compared to the previous year. That increase may sound alarming to some people, however, it needs to be put into context.

Consider the fact that only 1.8% of people in Japan report as having consumed cannabis at some point during their lifetime. That’s a minuscule number compared to 41.5% in Canada and 44.2% in the United States.

Obviously, it doesn’t take a lot of people consuming cannabis in Japan to spike the consumption rate. Even hemp is treated more harshly in Japan, however, that is thankfully changing. Per Tokyo Web:

The Ministry of Health, Labor and Welfare has decided to issue a notice to prefectures in mid-September to ease regulations beyond rational guidance regarding industrial cannabis, whose cultivation method is being discussed. At the same time, from October, a forum for three-party discussions between the Ministry of Health, Labor and Welfare, prefectures, and growers will be set up.

Domestic cannabis growers have obtained licenses from prefectures to cultivate varieties with extremely low content of the hallucinogenic component “tetrahydrocannabinol (THC)” and produce fibers for rituals. However, strict regulations on the installation of surveillance cameras and fences in the fields and patrols have become a problem.

When the ministry refers to ‘industrial cannabis’ it is talking about hemp. Hemp is non-psychoactive and does not induce intoxication. It is a useful plant that can do many things.

However, if any country’s hemp industry is bogged down by cumbersome regulations such as has been seen in Japan, it will always be hard times for hemp farmers. Hopefully Japan gets it in gear and trends towards the right side of history sooner rather than later.

Germany’s Drug Commissioner Endorses Decriminalizing Cannabis

In recent years Germany has taken over the title of ‘cannabis capital of Europe’, at least from a cannabis industry perspective. Germany’s medical cannabis industry is booming, and with domestic production ramping up, more industry growth is on the way.

However, on the adult-use side of the cannabis policy equation, Germany is still lagging behind a handful of other countries. Uruguay and Canada have already legalized cannabis for adult use, although each country has its own model.

Legal decisions in countries like Mexico and Italy have carved out some legal protections for adult-use cannabis consumers in those nations, and several countries are pursuing adult-use cannabis pilot programs in some fashion.

German lawmakers rejected an adult-use cannabis legalization measure late last year, although, with a federal election looming support for adult-use legalization could increase depending on the results and who is in office post-election.

Decriminalization On The Horizon

Separate from the push to legalize cannabis for adult use is an effort to at least decriminalize a personal amount of cannabis flower. That is a policy change that appears to be supported by Germany’s federal drug commissioner. Per Spiegle (translated from German):

Now the drug commissioner of the federal government, Daniela Ludwig ( CSU ), has advocated prosecuting cannabis possession up to a personal use limit of six grams nationwide as an administrative offense – and no longer as a criminal offense.

“In my opinion, a limit of six grams would be acceptable – nationwide,” the government representative told the editorial network Germany (RND). ”A limit value above which the possession of cannabis should continue to be punished as a criminal offense and not as an administrative offense must be set with care, because it has a certain signal effect and an influence on consumer behavior.”

Ludwig is advocating for decriminalization in Germany as a compromise between those that want to legalize cannabis for adult use and those that want cannabis to only be legal for medical purposes.

Decriminalization Does Not Go Far Enough

Decriminalizing cannabis up to 6 grams is not as straightforward of a policy as it may seem to some people. Does the 6-gram limit only apply to dried cannabis flower? What about concentrates, edibles, transdermal patches, tinctures, etc.?

Years ago, cannabis decriminalization was more straightforward because the variety of cannabis products was largely limited, and a flower-only decriminalization policy was more encompassing of what consumers had in their possession. That is not the case now, including in Germany.

Those concerns are in addition to the flaws in the basic premise that cannabis decriminalization is a good public policy. Sure, decriminalization is better than outright prohibition and treating cannabis possession as a crime, however, it’s still not ideal.

An ideal national cannabis policy involves embracing the emerging cannabis industry to not only save public funds that were previously being wasted on enforcing prohibition, but also to reap the economic benefits of a booming industry such as job creation, stimulating local economies, and public revenue generation via taxes and fees.

To hammer home that point, consider alcohol decriminalization versus a regulated adult-use alcohol industry. Obviously, there’s a major difference between the two, and one is clearly better than the other. The same is true for cannabis in Germany, and beyond.

German Politicians Gather To Discuss Cannabis For Historical Meeting In Berlin

As the German election nears, the International Cannabis Business Conference hosts a unique panel of politicians from across the political spectrum to discuss the future of cannabis politics aus Deutschland

Germany is facing a national election at the end of September. 

This is a watershed moment in German politics. Germans are going to the polls to decide the next steps of a country that has been helmed by Angela Merkel, herself a unique figure in German politics for the last generation (literally 16 years). There are a lot of issues at stake.

Cannabis reform is just one of them. However, it is a big one.

As a result (and as a first of its kind) the International Cannabis Business Conference is hosting a unique event this year. Moderated by Jürgen Neumeyer, the managing director of the BvCW, a trade group for German cannabis firms, this fascinating hour-long panel will feature top politicians and policymakers from across the spectrum debating the future of legalization in Germany.

From Erwin Rüddel, the CDU-affiliated chair of the German Bundestag’s Committee on Health to politicians and representatives from the SPD, Die Linke and the Greens, the conversation will focus on how to move the needle forward in a political and economic climate that so far has been challenging.

Will Germany follow Switzerland, Portugal, and Holland into a recreational trial in the next several years, or will the question of greater normalization if not full boat recreational reform languishes in more political wrangling and delay? 

But this is hardly the only issue on the table. What is the future of medical cannabis reform in a country where most patients still cannot find doctors, much less gain approvals if they have statutory health care – and how can needed social reforms in health insurance create a better environment for the chronically ill and those who need access now but cannot get it? 

This entire conversation of course is taking place at a time when cannabis by prescription has been legit for over four years, yet the drug is also not even decriminalized (putting patients at even greater risk). 

Beyond the medical discussion, CBD also still languishes in a strange space, even as other countries in Europe begin to experiment with recreational trials.

Neumeyer will guide the panelists through the bigger issues at the table – as well as try to determine a path if not a timeline for future reform. Held on the first day of the International Cannabis Business Conference B2B conference on August 26th, this is a first-of-its-kind event that should not be missed.

Book your last-minute tickets now to the International Cannabis Business Conference when it returns to Berlin August 25-27.

Long-Awaited Cannabis Legalization Bill Introduced In U.S. Senate

When it comes to cannabis policy, the United States is very unique. Cannabis still remains illegal at the federal level in the U.S., however, several states have legalized cannabis for adult use and all but two have legalized cannabis for medical purposes to some degree.

It’s a federalism policy discrepancy that has led to showdowns in the past in the form of dispensary raids and prosecutions. Fortunately, federal raids on state-legal cannabis businesses have subsided in recent years.

A supermajority of United States voters supports ending federal cannabis prohibition, with legalization receiving majority support from both sides of the aisle.

That bipartisan support comes at a time when the United States is as divided as much as ever before. In politically hostile times, you will be hardpressed to find a more winning political issue than cannabis reform.

Unfortunately, Congress has dragged its feet when it comes to passing legalization legislation. Federal cannabis reform measures have passed in the House of Representatives, but not the Senate. A new bill is giving new hope to the status quo changing. Per our friends at NORML:

United States Senate Leader Chuck Schumer (D-NY), along with Senators Cory Booker (D-NJ) and Ron Wyden (D-OR) unveiled draft legislation repealing the federal prohibition of marijuana at a press conference on Wednesday.

The draft legislation, titled the Cannabis Administration and Opportunity Act, makes numerous changes to federal marijuana laws while providing deference to states’ cannabis policies.

Upon introducing the legislation, Sen. Schumer said: “This is monumental because at long last we are taking steps in the Senate to right the wrongs of the failed war on drugs. … I will use my clout as Majority Leader to make this [legislation] a priority in the Senate. … It makes eminent sense to legalize marijuana.”

NORML Executive Director Erik Altieri said: “The days of federal prohibition are numbered. These actions by Senate Majority Leader Schumer and Senators Booker and Wyden reflect the fact that the supermajority of Americans is demanding that Congress take action to end the cruel and senseless policy of federal prohibition. It is time for legislators to comport federal law with the laws of the growing number of states that have legalized the plant, and it is time for lawmakers to facilitate a federal structure that allows for cannabis commerce so that responsible consumers can obtain high-quality, low-cost cannabis grown right here in America without fear of arrest and incarceration.”

NORML Political Director Justin Strekal added: “Our main priority is to ensure that Americans who choose to responsibly consume cannabis are no longer discriminated against under the law. “With one in eight Americans choosing to consume on a semi-regular basis, including nearly one in four veterans, we must end the practice of arresting over 500,000 Americans every year and denying countless others employment, housing, and other civic rights if we are truly to be the ‘Land of the Free’. The federal government can take great strides toward rectifying this situation by advancing the Cannabis Administration and Opportunity Act through the legislative process.”

Specifically, the Cannabis Administration and Opportunity Act directs the US Attorney General to remove marijuana from the federal Controlled Substances Act — thereby allowing states to either maintain or establish their own cannabis regulatory policies free from undue federal interference. Under this scheme, state governments – if they choose to do so – can continue to impose criminal penalties for marijuana possession offenses. However, states would not be permitted to prohibit the interstate commerce of legal cannabis products transported through their borders.

The proposal also mandates for the expungement of the records of anyone convicted of a federal, non-violent marijuana offense. The expungements must take place within one year of the law’s enactment.

The Act also forbids federal officials from taking discriminatory actions against those who legally use cannabis. It prohibits “individuals from being denied any federal public benefit … on the basis of [the] use or possession of cannabis.” It also, for the first time, permits physicians associated with the US Department of Veterans Affairs to make recommendations to their patients to access medical cannabis.

The proposal transfers primary agency jurisdiction over cannabis regulation from the US Drug Enforcement Administration to the Food and Drug Administration and to the Alcohol and Tobacco Tax and Trade Bureau in manner similar to the ways in which these agencies already oversee alcohol and tobacco products. A federal excise tax of 10 percent would be imposed within the first year of the law’s enactment. Medical cannabis access programs, which are operational in the majority of US states, would not be disrupted under this federal plan.

Pending language in the US House of Representatives, the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act of 2021, similarly removes (deschedules) cannabis from the CSA and facilitates the expungement of past federal marijuana-related crimes. House lawmakers passed a previous version of the MORE Act in December by a vote of 228 to 164, marking the first time that a chamber of Congress ever advanced legislation to end the federal prohibition of cannabis. Senate lawmakers, however, failed to take up the bill.

Senators are seeking feedback on the draft legislation through September 1. Public comments may be provided to Cannabis_Reform@finance.senate.gov. In an interview with the publication Politico in April, Sen. Schumer pledged that he would hold a floor vote on the bill “sooner or later” this term. The Senate has never held a floor vote on legislation pertaining to descheduling cannabis.