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The Belgian Cannabis Discussion: A Step Towards Modernizing A National Drug Policy

Written by Marguerite Arnold on . Posted in Politics.

The country between Holland and Luxembourg is now caught up in its own re-examination of its cannabis policy.

Belgium may be finally moving to formalize its cannabis policy. The country of 11.5 million people is far from the front lines of even the European cannabis debate – but that might now be changing as the Senate approves an evaluation of a 100-year-old drug law.

In late February, a law case made headlines in the European cannapress. On February 24th, on a ruling on appeal, the eleven ex-members of the oldest cannabis social club in the country – Trekt Uw Plant – were found guilty of cannabis cultivation and sale but were released without further charges. The decision is being hailed as the final legal nail in the coffin for the country’s existing drug law.

The club itself has a long history. It was founded in 2006, as the first Belgian social club, three years after the first real reform in the country (individuals could possess one female plant for personal consumption). The club was subsequently prosecuted twice – in 2008 and 2010 – but exonerated both times. Indeed, the Public Prosecutors office declared in 2012 that it was bound to accept the activities of the club. However, in 2017, three members were arrested leading to the prosecution of twenty individuals and jail terms of 20 months each. This final legal action, no matter the final release and essential pardon of those convicted, financially ruined the organization.

Where to Go from Here?

Cannabis is one of the most popular controlled substances in the country. Technically the plant is still illegal, however, adults over the age of 18 can possess 3 grams. In 2015, a royal decree allowed for the medical use of cannabis but was limited to Sativex only (a pharmaceutical produced by the British company GW Pharma).

Further, it is very clear that the Belgian model is now in the same area, both legally and commercially of both the Spanish and Dutch model – namely still in a grey part of the law. Further, it is also increasingly clear that this situation cannot continue forever, particularly given moving case law and sovereign decisions of neighbouring European countries.

In the next 12-24 months, in other words, look for a new policy shift on the Belgian front – and further in a direction that may create another canna-friendly regime – or at least more of one, in yet another member state of the EU.

Be sure to book your tickets for the upcoming International Cannabis Business Conference events in Europe this summer!

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Holland Moves Forward With Legitimizing Its Federal Cannabis Market

Written by Marguerite Arnold on . Posted in Politics.

Several developments are underway that indicate that despite multiple ball drops, the Dutch government is committing to regulating the recreational cannabis industry – and that has huge European-wide implications.

For those who have been wondering, there is beginning to be a little clarity if not light on the evolving situation in Holland on the matter of a federal regulatory infrastructure if not policy to regulate the coffee shops.

Here is the first development. The tender bid in Holland has been almost as much of a disaster if not lawsuit strewn as the German version (to regulate medical). That said, there seems to be forward progress here too. After Aurora got fined for filing a frivolous lawsuit, it appears that the top contenders have been selected (after one dropped out).

This is not the end of the story, however. The situation is still as hazy as day-old bong smoke – namely, while the federal government will have oversight of the ten vendors selected and their supply chains, this still leaves out any and all of the industry operating in the largest cities.

That dichotomy too, however, is on the cards to change as well. Indeed, on June 2, members of the Dutch Parliament are meeting to discuss how the federal government will set cannabis policy for the country. Presumably, in other words, finally a federal move to consolidate the entire national industry.

This is a major, major development, no matter who has thrown shade at the process so far.

It is a frank admission, finally, among other things, that federal governments must get in front of, rather than lag behind on all things cannabis policy related. And at this point, even in Europe, that also includes the recreational discussion.

Why A Medical Reference Point Is So Important Going Forward

All of these things being said, the reality is that the development of the formal, medical market in Europe means that there is some basis in science for what then is used in any recreational market (from Holland and Luxembourg to Switzerland and beyond).

And in Europe, generally, that discussion has only just gotten started.

For example, in Switzerland, as the country begins to gear up for its recreational trial next year, the reference data on allowances for users has clearly come from the Canadian medical market (not the German one). The German one, by contrast, is currently half of the recommendations of the Canadian government (not to mention Israeli patient data).

This means, in other words, that an evolving if blended rec-medical market is going to move the needle here in the EU in a very different way – and have a lasting impact first on not the recreational but indeed, the medical market.

Be sure to book your tickets now for our International Cannabis Business Conference events! The International Cannabis Business Conference returns to Berlin in July 2021!

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Ukraine Delays Medical Cannabis Legalization Vote

Written by Marguerite Arnold on . Posted in Politics.

Government again pushes can down the road as top officials deliberately delay serious discussion on basic medical cannabis reform.

Cannabis reform in Ukraine is continuing to be painfully slow. The cabinet has again delayed a meaningful vote on reform after promising the same in April – and which, ultimately, is a bunch of legislative text with really no meaning. Certainly not for patients, much less the nascent industry that lies behind this.

There are several debates afoot in Ukraine right now and at high levels over cannabis – namely, whether synthetic drugs are better options – and whether to craft a market based solely on the same. At a deeper level, this discussion is about the right to grow cannabis at all – much use it in a form that is not pharmacized in some fashion – even for medical use.

The fight on the ground right now is one of the most contentious left in the world as a result. And this is over basic medical CBD access for child epileptics. When it comes to any form of THC, officials are referring to older, cannabinoid-containing drugs that are not only expensive but not as effective for a wide range of conditions as say, whole plant medication.

For all the advances, in other words, in certain parts of Europe if not the rest of the world, it is often easy to find reflections of a past world that no longer exists.

Given the spreading understanding of cannabis as medicine, who really, would convict a desperate parent for growing hemp in the basement to help their desperately sick child?

How Can Broader Cannabis Reform Be Promoted Globally?

The situation in Ukraine has been bubbling for some time – with German activists (in particular) if not members of the industry actively seeking some way to help those on the ground. 

Here is the good news. The world has changed, rather dramatically, in the last 14 months, and it is not going to just go back. Digital networks, education, and a sense of building a new kind of medicine if not medicine delivery is all now on the front burners of governments everywhere. Cannabis and cannabis reform features prominently in all these discussions.

In the meantime, those on the ground fight on, facing a familiar feeling if not battle. This time, however, the world is watching.

Be sure to book your tickets now to upcoming International Cannabis Business Conference events!

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Argentina Begins To Move Seriously On Medical Reform

Written by Marguerite Arnold on . Posted in Medical, Politics.

The world’s eighth-largest country moves forward on legislation to create a federal industry.

Here is the interesting thing about sovereign cannabis reform – It is rather unsurprisingly beginning to reflect the national cultures that allow the same. How that begins to impact the international discussion is still a conversation in progress.

Here is one thing to be sure of about the decision of Argentina to begin to formalize the medical cannabis discussion on a federal basis.

This is the country that created the first animated feature film, the one with the highest number of plastic surgeries in the world and the one with the highest number of psychologists per capita. It is also the one that eats gnocchi on the 29th of every month.

In other words, prepare to be surprised. While certain aspects of reform look the same just about everywhere now adays, there are still going to be interesting riffs on a theme.

The Drug War is finally over, including in Latin America – and the Spanish twist to this tango is about to add to the entire debate in a way that has not been seen (yet) – and will reverberate in other countries (starting with Spain itself).

The Argentine Specifics

While the law is still in draft form and being revised by several agencies, here is what is shaping up as important elements of the same: The country will create a formal, provincial medical cannabis laboratory, continue to develop its user registry and set up an advisory council to set standards and guidelines for the therapeutic use of cannabis.

The other aspects of all of this, namely a plan to industrialize the production of cannabis and further how to prioritize “free” distribution to those who are the sickest, but none have been decided yet.

Regardless, the fact that all of this is on the table means the discussion is not only moving seriously, but likely to impact cannabis conversations in several other countries. That includes intercontinental Exim throughout Latin America. It also almost by definition includes Canada and Europe.

Don’t Cry for Me…

The forward development of the reform question is a good sign – especially in a country which has taken the slow boat to this entire conversation over the last few years. The patient registry got started last fall. It is clearly now part of federal plans on a much broader scale. And while it won’t happen tomorrow, reform is clearly not only on the table, but rolling forward slowly.

Be sure to book your seats now for the International Cannabis Business Conference when it comes back to Germany in July.

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US House Members Approve SAFE Banking Act

Written by Johnny Green on . Posted in Politics.

Once again The SAFE Banking Act received a vote in the United States House of Representatives, and once again it yielded bipartisan support and passed.

Access to the United States’ banking system by the cannabis industry is not as big of a problem as it once was, however, it’s still a major issue that countless state-legal cannabis companies have to deal with.

Below is more information about yesterday’s historic vote via a press release sent to the International Cannabis Business Conference from our friends at NORML:

Members of the House of Representatives voted today in favor of a stand-alone piece of legislation, The SAFE Banking Act, to remedy the ongoing inconsistencies between state and federal marijuana laws.

In a vote of 321-101, House members approved HR 1996, The SAFE Banking Act, which would create a legal safe harbor for financial institutions to engage in business relationships with state-licensed and regulated cannabis companies.

“For the first time since Joe Biden assumed the presidency, a supermajority of the House has voted affirmatively to recognize that the legalization and regulation of marijuana is a superior public policy to prohibition and criminalization,” said NORML Political Director Justin Strekal. “However, the SAFE Banking Act is only a first step at making sure that these state-legal markets operate safely and efficiently. The sad reality is that those who own or patronize the unbanked businesses are themselves criminals in the eyes of the federal government, which can only be addressed by removing marijuana from the list of controlled substances.”

To date, over 40 percent of Americans reside in a jurisdiction where transactions involving the sale of cannabis have been approved under state law, and the majority of Americans live in a state where medical cannabis sales are permitted.

Why NORML Supported Passage of HR 1996: The Safe Banking Act:

Federal law currently defines all marijuana-related endeavors as criminal enterprises, including those commercial activities that are licensed and legally regulated under state laws. Therefore, virtually no state-licensed cannabis businesses can legally obtain a bank account, process credit cards, or provide loans to small businesses and entrepreneurs.

In this environment, the rapidly growing multi-billion dollar cannabis industry must operate largely on a cash-only basis, which makes businesses more susceptible to theft and more difficult to audit. This ongoing federal prohibition also places the safety and welfare of these businesses’ customers at risk, as they must carry significant amounts of cash on their persons in order to make legal purchases at retail facilities. For these reasons, NORML has long advocated that federal lawmakers vote “yes” on The SAFE Banking Act.

A version of this bill first passed the House of Representatives on September 25th, 2019. Subsequently, it was included multiple times in various COVID relief packages that the House approved in the previous Congress. Ultimately, however, the language was not included in any of the enacted COVID stimulus bills.

What’s Next?

Commenting on the next steps, NORML Political Director Justin Strekal said: “Today’s vote is another important mile marker on the road to repealing federal prohibition, yet much more action must still be taken by lawmakers in both chambers. In the Senate, we are still waiting on a comprehensive proposal promised by Senate Majority Leader Schumer and Senators Cory Booker and Ron Wyden and in the House, we anticipate additional efforts to move forward and pass comprehensive reform legislation like The MORE Act — which was approved in the previous Congress — in order to ultimately comport federal law with the new political and cultural realities surrounding marijuana.”

For reference:

In the previous session of Congress, the vote on SAFE Banking was 321 to 103 in favor of HR 1595. Two-hundred and twenty-nine Democrats and 91 Republicans cast ‘yes’ votes in favor of the measure.

This year, for HR 1996, amongst the Democrats, the vote was 215-0, and among the Republicans, the vote 106-101.

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Switzerland Begins To Define Its “Recreational Trial” For 2022

Written by Marguerite Arnold on . Posted in Politics.

As of May 15, 2022, Switzerland will begin a recreational cannabis trial

It is official. The Swiss have chosen a date and the trial parameters. Switzerland is going recreational as of next year.

Here are the parameters. 5,000 Swiss people will be able to legally smoke cannabis. They will be part of a trial in which will measure effects on users’ health and consumption habits. Participants, as a result, will have to accept a follow-up interview and to limit their consumption.

Those who might worry that the consumption level is a bit low? Do not. Trial participants will be able to buy cannabis at up to 20% THC. Each month, participants will be able to consume up to 10 grams of THC. To put this in perspective, patients in Germany right now are being prescribed half a liquid gram a month (to the whopping tune of about $400).

This amount, in other words, is enough to get the average user more than toasty on a regular basis. It is also enough to make sure that patients who fall through the cracks will be able to have at least some access to legal cannabis. The fact that the trial will mandate sales at pharmacies makes this even more convenient.

Why This Is Important

Luxembourg and Switzerland will, as of next year, begin to set the pace on recreational reform discussions, and not just in their own countries of course, but across Europe. From the get-go, both extracts and edibles will be in the discussion.

Beyond this, the trial is likely to have an important impact on the question of dosing and how much patients should be getting across Europe.

From the recreational side, look for important discussions about driving and working. Not to mention how long THC stays “active” in bodies long after the immediate “high” is over (when it happens).

There is another reason, however, why this trial is important. It will be the first organized attempt by the government to put cannabis on sale and study those who buy it. It is also a deliberate attempt to create a legitimate market.

It will be watched, intently, for this reason, across the region.

Be sure to book your tickets for Berlin! The International Cannabis Business Conference is returning as of July, 2021!

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South Africa Set To Legalize Recreational Use By 2023

Written by Marguerite Arnold on . Posted in Politics.

The country is looking to the industry to help revitalize an economy wrecked by Covid.

South Africa is lining up to join the list of recreational cannabis companies by 2023. The country is now considering a bill to legalize the possession, cultivation, and use of cannabis for recreational use with this date in mind.

The reason, besides the medical market and thriving underground black market? The country’s economy is suffering from the effects of the Pandemic.

This one factor is likely to be the driver in stepping up the plans in many countries – and far beyond Africa, in finally engaging the cannabis reform discussion at the recreational end of the discussion.

In South Africa’s case, this is also likely to have an impact not only on the domestic economy as well as exports, particularly to Europe, but other countries in Africa.

The Shifting International Recreational Picture

By 2023, at least two countries in Europe will be in the middle of a recreational trial. Holland’s recreational model will presumably have had time to bake, and France will be in the thick of its own medical experiment. Germany will also presumably have moved forward on its own cultivation plans.

That creates a lot of markets looking for certified product. Further, it begins to create a multi-use market where it is not only medical in the picture. And that all must come from someplace.

South African firms are beginning to export to Europe. The German market, however, by 2023, will not be the only one on the table. And that is potentially where enterprising South African firms might make a difference – especially given the slow pace of development of cultivation across the EU and that it has been slowed by Covid.

And then of course there is the appeal of canna tourism. With a recreational market in full swing, the South African economy will potentially become a place where the entire discussion will take a new turn.

Regardless, no matter what direction the industry begins to morph into, the development is a positive one and promises many sunny returns, no matter how they begin to trickle in.

Be sure to attend the International Cannabis Business Conference this year in Berlin when it returns in July.

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Why Is It Taking So Long To Legalize Cannabis At The Federal Level In The US?

Written by Johnny Green on . Posted in Politics.

Cannabis prohibition is one of the worst public policies in human history. It goes well beyond the negative impact that is experienced by the person subjected to an initial prohibition-based penalty. The negative impact lingers well after the person has paid their fine and/or served their jail sentence.

They have to carry the ‘cannabis scarlet letter’ for years into the future in many cases, and for some people, the designation of being a ‘cannabis criminal’ is something that they have to deal with forever. The designation ruins the person’s life by preventing them from getting jobs, housing, and can even prevent them from obtaining volunteer positions in the future. 

It’s like an anchor that keeps them from moving on with their lives, and it’s happened to countless people for many decades, which is beyond unfortunate. Yes, people can get the cannabis offense expunged from their record, however, it only happens after a judge approves the request (which they do not have to do) and the individual has paid a substantial sum of money. 

For many folks convicted of a cannabis offense obtaining an expungement is simply not an option. The financial hurdle is too great, and they often decide to just endure the negative fallout from having a cannabis conviction on their record because there’s no other viable option to do otherwise. It’s one of many reasons why cannabis prohibition needs to end immediately across the United States to ensure that no further harm is needlessly inflicted on cannabis consumers, many of which being patients who rely on medical cannabis.

Reform Continues To Spread At The State Level

The United States is in the midst of a cannabis policy reform revolution at the local level, with 18 states and Washington D.C. having passed adult-use cannabis legalization measures either at the ballot box or via legislative action since 2012. Regulation is clearly better than prohibition, with state-level cannabis legalization succeeding by virtually every measure. 

Despite all of those victories, the harms of cannabis prohibition still linger in too many states as well as at the federal level in the U.S. Federal cannabis prohibition is becoming less tenable with every passing year. Just this year alone three states have passed legalization measures – Virginia, New York, and New Mexico. Obviously, the year is only roughly 1/3rd of the way over, and it’s quite possible that more states could legalize cannabis for adult use in the coming months. Unfortunately, which side of a state border you live on still determines your fate if/when you are caught with cannabis, and that makes no sense.

As it stands right now, well over 40% of people in the United States live in a state which has legalized cannabis for adult use. All except two states (Nebraska and Idaho) have passed some type of medical cannabis measure, ranging from CBD-only legislation to comprehensive medical cannabis reform. When it comes to cannabis policy in the United States, geography means everything because of federal prohibition. When will that change and every adult in the United States be allowed to possess a personal amount of cannabis?

Executive Action Or Congress?

When it comes to ending federal cannabis prohibition in the United States, there are two avenues that can be pursued. The first is via executive action, with President Joe Biden hypothetically taking it upon himself to initiate a bureaucratic process to get cannabis removed from the Controlled Substances list. The Biden Administration has made it clear that this is not a priority, so no one should hold their breath waiting for executive action.

The second avenue for achieving an end to federal cannabis prohibition is via Congress. If there was enough political will in Congress to pass a legalization bill, that’s all it would take to end federal cannabis legalization. It’s a far-more straight path to legalization compared to executive action. Unfortunately, it’s yet to happen for some reason, even though support for national cannabis legalization is greater now than at any other time in United States history.

With that being said, recent comments made by Senate Majority Leader Chuck Schumer are encouraging. “I want to make my arguments to him, as many other advocates will,” Schumer stated in a recent interview with POLITICO regarding President Biden. “But at some point we’re going to move forward, period.”

Senator Schumer seems to recognize the obvious fact that cannabis policy reform is an extremely popular political issue, which is something that appears to be lost on the Biden administration for reasons unknown. In addition to being the right thing to do, pushing for cannabis legalization is also politically viable, and one would think that federal politicians would push hard for legalization, if for any reason to help boost their chances of staying in office. 

As of right now, federal legalization appears closer than it has since prohibition was first enacted in 1937, yet there’s no clear date for when it will finally happen. A significant amount of positive comments are being thrown around by federal politicians, however, actions speak louder than words. While we continue to wait for Congress to get their act together make sure to contact your federal officials and urge them to support sensible cannabis laws. Do your part!

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Cannabis Legalization Advances In Mexico’s Senate

Written by Johnny Green on . Posted in Politics.

Mexico has been on the cusp of legalizing cannabis for adult use since late 2018 when Mexico’s Supreme Court issued a ruling that struck down cannabis prohibition as being unconstitutional.

As part of the decision, Mexico’s Supreme Court mandated that lawmakers pass legislation that implemented the Court’s ruling and create a regulated adult-use cannabis industry.

Multiple extensions had to be granted because lawmakers in Mexico failed to meet the initial one-year Court deadline, as well as subsequent deadlines.

Some of the deadlines could not be met due to COVID, however, part of the blame lies squarely on lawmakers that have failed to get on the same page. Fortunately, there is movement in Mexico’s Senate, as reported by Marijuana Moment:

A bill to legalize marijuana in Mexico moved another step closer to final floor consideration in the Senate on Tuesday.

While the chamber approved the legislation last year, it then passed in revised form in the Chamber of Deputies last month and was sent back to the Senate for final consideration. On Tuesday, a second Senate committee advanced the amended legislation, with one more panel set to take it up before it moves to the floor.

The Second Legislative Studies Committee approved the bill one day after the Justice Committee cleared it. The next stop for the proposal is the Health Committee, which could happen as soon as Wednesday—setting up potential action by the full body on Thursday.

Many times lawmakers in Mexico have indicated that they ‘have it’ when it comes to getting a measure to the finish line just for the claims to fizzle.

At this point, it’s best to be cautiously optimistic. If Mexico finally legalizes cannabis for adult use before any other country beats them to it, Mexico will be the third country to legalize recreational cannabis behind Uruguay and Canada.