Tag: European Union

EU Court Of Justice Approves Indoor Hemp Cultivation

Written by Hazel Norman on October 13, 2024. Posted in Policy.

Humans have cultivated hemp under the sun for centuries, making use of their hemp harvests in several ways from making rope to paper to textiles. In recent years, the hemp plant has become the focus of significant research aimed at developing medications and other therapies.

Additionally, consumable hemp products have risen in popularity and availability across the globe thanks to regulatory changes and product innovations. ‘Floral hemp’ or ‘cannabis light’ products are particularly popular on the European continent.

How hemp is cultivated has evolved in recent decades. While hemp is still cultivated in large fields under the sun, many cultivators are growing hemp indoors under artificial lighting and incorporating cutting-edge techniques. According to a recent decision by the European Union Court of Justice, indoor hemp cultivation using hydroponics is permitted. Per excerpts from reporting by EU News:

According to the EU Court of Justice, member states cannot ban hemp cultivation in indoor hydroponic systems. The only limitation is respect for public health, that is, compliance with the legal limit of THC not exceeding 0.2 per cent.

According to the Court’s findings, hydroponic cultivation increases agricultural productivity, develops technical progress, and ensures better use of inputs. In addition, it ensures the security of supply, as it is not subjected to direct weathering, and reasonable prices to the consumer. Not allowing hemp farmers to benefit from the CAP with this innovative technique would cause significant economic damage (taking into account that the criteria for receiving funding are strict and well-defined at the European level to avoid illicit cultivation).

Hemp policy in the European Union remains hazy, with many regulations either involving a lot of grey areas, or nation-level regulations conflicting with EU-level policies and regulations. The current situation creates a lot of uncertainty for entrepreneurs, investors, and consumers.

The European Union is not the only jurisdiction to struggle with modernizing its hemp policies and regulations. Every other continent is also struggling to create sensible hemp policies and regulations as the global hemp market continues to evolve.

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European Union Approves Medical Cannabis Signature Drive

Written by Hazel Norman on February 12, 2024. Posted in Policy.

Medical cannabis reform is spreading across the European continent, which is great. However, the rate at which it is spreading is not fast enough to help all of the suffering patients who need the wellness benefits that medical cannabis can provide.

Unfortunately, medical cannabis was hindered for several decades due to prohibition policies throughout Europe. It is only in recent years that medical cannabis has been embraced, and even then, it’s not in every nation and is moving at a pace that does not do justice to the potential that medical cannabis possesses.

Access to medical cannabis and cannabis-based research is desperately needed throughout Europe, and that premise is at the heart of a new signature drive that was recently approved to proceed by the European Union. Per excerpts from original reporting by Marijuana Moment:

European Union (EU) officials have cleared activists to launch a signature drive for a multi-national initiative that would foster access to medical marijuana and promote research into the therapeutic potential of cannabis.

The activists behind the measure laid out three objectives they want the commission to pursue, but the body said it could only register two of them.

One approved objective asks the commission to “foster access to medical cannabis and allow the transportation of cannabis and its derivatives prescribed for therapeutic purposes to ensure the full enjoyment of the right to health.” The other requests that EU allocate “the necessary resources for researching cannabis for its therapeutic purposes.”

Activists had also pushed for the creation of a “trans-European citizens’ assembly on cannabis policies, including sanctions and the consistency of Member States’ policies,” however, the European Union indicated that it would not register that particular objective.

Advocates leading the effort will now have six months to start a petitioning drive, after which they will have one year to collect one million valid signatures. The valid signatures must come from at least seven European Union member states in order to mandate consideration.

The European Citizens’ Initiative was first introduced with the Lisbon Treaty as an agenda-setting tool in the hands of citizens. It was officially launched in April 2012 according to the European Union’s listing of the measure.

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Hemp Leaves No Longer A Novel Food Under EU Law

Written by Hazel Norman on June 7, 2023. Posted in Business, Policy.

Cannabinoid-based products are increasing in popularity across the globe, and particularly so in Europe. ‘Cannabis light’ products are widely available in Europe, although they are not always completely legal.

Part of the problem is the patchwork of laws, rules, and regulations in Europe, with individual countries often having their own set of policies, with the European Union having sometimes conflicting policies. What is legal in one country may not be legal in another country, and all of it may be illegal in the eyes of the European Union depending on the situation.

To further complicate things, hemp and cannabis are treated differently by the governments of Europe (and elsewhere on earth), even though they are ultimately the same plant. If the THC content of a plant is under a threshold, typically .3-1%, then it is hemp. If it is above the threshold, then it is cannabis according to various governments.

It may seem like a big game of semantics to some, however, when it comes to public policy in Europe and the emerging industries that are governed by such policies, words matter. Thankfully, there is now reportedly clarification for hemp leaves at the European Union level, with the EU recently indicating that hemp leaves are no longer considered to be a ‘Novel Food.’ Per Cannabis Health News:

Hemp leaves, when separate from the flower, are now no longer classed as a Novel Food under EU law, permitting the sale of hemp-infused tea and tea-like products in member states.

An agreement to modify the Novel Food Catalogue was reached by EU members as part of a European Commission (EC) working group on Friday 2 June.

It’s now over four years since the EC made the controversial decision to classify all parts of the plants as Novel, meaning companies would need to apply for Novel Food status in order to legally sell cannabinoid-based products containing less than 0.3% THC in the EU.

The recent decision is obviously significant for people that sell cannabis teas and other products derived from hemp leaves. However, the decision clearly does not go far enough, and anything that is not derived from hemp leaves still faces a considerable amount of bureaucratic hurdles.

Europe’s emerging cannabis industry is increasing in size despite the playing field being far from level for cannabis companies compared to companies in many other major industries. Hopefully the governments of Europe, and the European Union itself, moves faster to modernize the continent’s cannabis policies.

The EU Is Deciding On More Than Just German Legalization

Written by Johnny Green on November 21, 2022. Posted in Policy.

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

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

Lobbying Efforts Underway

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

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

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

Framing Matters

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

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

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

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