NEWS FROM AROUND THE GLOBE BROUGHT TO YOU BY THE ICBC

Author: Johnny Green

Johnny Green is a cannabis activist and prolific author from Oregon. Green was the High Times Freedom Fighter of the Month in May 2017 and appeared in the Netflix cannabis documentary 'Grass is Greener.'
Germany Health Minister Karl Lauterbach

Germany Moves A Step Closer Towards Legalization

It was a big day in Germany for cannabis policy, with Germany’s Health Minister Karl Lauterbach making a formal cannabis legalization presentation to the federal cabinet. While the presentation did not involve the formal introduction of legislation, it did serve as the closest thing to a comprehensive status update so far in the German legalization process.

Much of what was presented today was already known via an interesting week of policy leaks and public statements by elected officials. Although, there were some items of note from the presentation, including news that prior to a formal measure being introduced Germany will continue to seek approval from the European Union.

“Berlin will check with the European Union’s executive commission whether the plan approved by the German government is in line with EU laws and would proceed with legislation “on this basis” only if it gets the green light, Health Minister Karl Lauterbach said” according to ABC News.

Per Health Minister Lauterbach, Germany will continue to examine whether regulated social consumption will be allowed, as well as the sale of edibles, however, the current plan does not permit for either of those policy and industry components.

Pending successful movement on the European Union approval front, Health Minister Lauterbach indicated that a formal bill would be introduced for lawmakers’ consideration in 2023, with legalization hopefully becoming law by 2024. Below is Health Minister Lauterbach’s presentation in full (broadcast in German):

Germany

Brand Front Of The Brandenburg Gate Berlin

German Legalization Plan Continues To Evolve After Public Outcry

Last week I wrote about the reported leaking of components of a long awaited German legalization plan. The legalization details were reportedly from Health Minister Karl Lauterbach (SPD), and provided the first deep dive opportunity for global cannabis policy and industry observers who have all been heavily focused on all things cannabis and Germany ever since the dust settled on the 2021 federal election. German voters elected a new governing coalition in 2021 and the coalition, often referred to as the Traffic Light Coalition, quickly indicated its intent to pass a legalization measure and launch a regulated adult-use industry.

A new report is out today from The Rheinischer Post which indicates that Health Minister Karl Lauterbach will present a legalization plan to the federal cabinet tomorrow. The new report also indicates that some components of the plan have evolved after significant public pushback occurred regarding the previously leaked components.

As I touched on in my previous article, it’s a common political strategy to ‘float political balloons’ via leaks and public comments to see if the public ‘pops’ the metaphorical balloons in the form of public outcry. Lawmakers use that strategy during political negotiations from time to time to force their opponents to relent to some degree. I suspect that is what happened last week given the fact that the measure seems to have improved post-outcry, although admittedly, that is just conjecture on my part. Regardless, the evolved components of the plan are significant nonetheless, and are the exact ones that were the main focus of public pushback.

What Changed And What Remained The Same?

The legal age for adult-use cannabis, 18 years old, was unchanged in the reported latest version of Germany’s legalization plan, which was expected. The initial 20 gram possession limit appears to now be described as ‘a maximum of 20 to 30 grams.’ Public outcry regarding possession limits was not limited to just citizens, as deputy FDP chairman Johannes Vogel was also very vocal about his opposition to the 20 gram limit. A prohibition on advertising remained unchanged, as well as the types of outlets that may be allowed to legally sell adult-use cannabis (licensed stores and pharmacies).

Arguably the greatest differences between the components leaked last week compared to what is going to be reportedly presented tomorrow hinges on THC limits for products. Initially, it was being reported that there would be a 15% THC limit on products sold to people over 21, and a separate 10% THC limit on products sold to people of legal age under 21. Per The Rheinischer Post’s reporting (translated to English), there will be no cap for people 21 and over, however, “Because of the increased risk of cannabis-related brain damage in adolescence, it is being examined whether an upper limit for the intoxicating substance THC will be set for adults up to the age of 21, according to the paper.”

Another significant change from last week’s version of the plan compared to this week’s pertains to home cultivation. Last week’s version reportedly involved a two plant limit for home cultivation, however, this week’s version has a three plant home cultivation limit. By comparison, in Malta adult households can cultivate up to four cannabis plants. Malta is the only country in Europe that has passed an adult-use cannabis legalization measure, although adult-use cannabis sales remain prohibited in Malta.

Will There Be More Changes?

If there is one major takeaway from what has transpired in Germany over the course of the last week, it’s that the legalization process is still very much ongoing. It is virtually guaranteed that there will be further tweaks made to the legalization plan in Germany, and it’s largely just a question of what will change. Furthermore, even the evolved plan still leaves quite a few extremely important items to finalize, including the actual personal possession limit, potential THC limits for products sold to younger adults, and laws pertaining to edibles. And all the while there are still continental and international treaty concerns to be worked out.

As The Rheinischer Post stated in it’s coverage (translated to English), “The cabinet referral is an intermediate step.” The political process can be full of twists and turns, especially when it involves something as monumental as launching the world’s largest legal cannabis market. Currently, the only public policy and regulation ‘guidebook’ for launching a national adult-use cannabis industry open to the world is Canada, and for a multitude of reasons Germany is an entirely different situation compared to Canada. Germany can learn some things from Canada to be sure, however, much of the heavy political and regulatory lifting in Germany is completely unique, and as such, people would be wise to anticipate more changes in the future, albeit more on the fringes versus a complete overhaul. For cannabis advocates specifically, it’s wise to remain vocal and keep the pressure on because, as we witnessed over the course of the last week, that pressure can result in improved changes to what is being proposed in Germany.

Germany

cannabis leaf

Leaked German Legalization Points From Health Minister – Homegrow, Retail Stores, And Possession Of Up To 20 Grams

This morning it is being reported that long-awaited key points of a German adult-use legalization plan were made available to Germany’s media community. The provisions being leaked out there are reportedly from Health Minister Karl Lauterbach (SPD), and are providing tremendous insight into what a finalized coalition plan may look like. Obviously, there’s still a lot of political lifting to be performed between now and when someone is physically purchasing regulated adult-use cannabis in Germany, however, this is the first look of its type into what the governing coalition is at the very least strongly considering, if not outright trying to implement.

Last year Germany elected a new coalition government, and after the dust settled on the election results the coalition made it abundantly clear that it was going to pursue adult-use legalization and the launch of a regulated national industry. To date, only Uruguay, Canada, and Malta have passed a national adult-use measure, and out of the three, only Canada has a regulated adult-use sales system that is open to anyone of legal age regardless of citizenship status.

What Provisions Are Involved?

According to the initial reporting from RND, the legalization components that are involved originated from the Health Ministry, and the plan “is currently being coordinated among the [other] ministries involved,” which is leading many to believe that there still could be some changes made to what is being floated out there. As I previously touched on, there’s still a lot of time left on the clock to use a sports metaphor.

In my opinion, the provisions were leaked versus announced in order to see what the reactions were from the public and international community, with the possible plan to make tweaks accordingly. That’s just conjecture on my part, but it is a common political communications tactic, particularly with legislation of this magnitude. It’s a great way to gain feedback and insight while also mitigating controversy. With that being said, below are some of the major components involved in today’s news:

  • 18 years old is the legal age to purchase/possess cannabis
  • A 20 gram possession limit
  • Home cultivation of up to 2 plants
  • A 15% THC cap limit on products sold to people over 21
  • A 10% THC cap limit on products sold to people 18-21
  • Retail buffer zones around schools and other specified establishments
  • A general ban on industry advertising
  • Outlets would include, but not be limited to, pharmacies
  • Possibly allowing shops to have ‘consumption options’
  • A possible tax assessment based on THC content
  • All cannabis for the market will be cultivated domestically

“The Federal Ministry of Health did not confirm the RND report on request and referred to ongoing votes in the federal government. A Lauterbach spokesman said the departments of health, justice, economy, nutrition and the Federal Foreign Office were working together to implement the coalition agreement. Lauterbach had announced a key issues paper for the fall and a draft law for the end of the year.” RND stated in its reporting.

Room For Improvement And Clarification

Here in the United States, where I live, the state-level legal age for cannabis is 21. The legal age in Canada and Uruguay is also 18. Malta, which was the first nation to legalize cannabis for adult use in Europe, also has a legal age of 18, although sales are currently not permitted in Malta. I have always felt that if someone is old enough to vote for legalization, or for candidates that support it, then they are old enough to participate in a legal market. Regardless, allowing industry access to people 18-21 obviously expands the market base, albeit with the apparent potential for a different THC product limit for that subset of customers.

The 20 gram possession limit is considerably greater than what is allowed in Malta away from a person’s home. In Malta, the possession limit away from a person’s home is only 7 grams, although up to 50 grams is allowed within a person’s home, along with up to four plants. The two plant cultivation limit that is being reported out of Germany is drawing some pushback, as many feel that the limit is too low. One thing that could prove to be problematic is the possession limit combined with the plant limit, as even one healthy cannabis plant cultivated in a closet can yield far greater than 20 grams of cannabis. It seems that more could be done to harmonize the two limits in order to help mitigate any issues for consumers come harvest time.

The retail buffer zones and advertising bans were to be expected, and I certainly think that they will ultimately make it into whatever final version of a legalization model is adopted. Advertising bans can be tricky to enforce given how many different ways people get their information these days, particularly on the internet, however, we will have to wait and see what enforcement strategies may entail. The reported THC caps may be the most confusing aspect of what was reported today, in that it seems to be unclear if that will apply to things like vape pen cartridges and cannabis concentrates. It’s common for products in other legal markets of those types to contain a considerably larger THC percentage than 10-15%. That’s something that will need to be further addressed in a finalized plan.

The German Retail Model Is Taking Shape

Arguably the most insightful components of today’s news related to how cannabis will be sourced, sold, and consumed in Germany once a legal, regulated market is launched. Ever since a push to legalize was announced, many cannabis observers around the world wondered if adult-use cannabis sales would be limited to pharmacies? If what is being reported today eventually becomes adopted, then the retail options for consumers will be far more robust. In addition to pharmacies, cannabis would also be sold in dedicated stores, and possibly via the internet, which is currently an option in Canada.

Other components that were leaked today could change and evolve, however, the basic sales outlet model provisions are likely to remain the same from a macro perspective. Again, there’s still a lot of lifting to be done to get something across the finish line, yet I think it’s safe to assume that once legal sales are launched in Germany they will be allowed via a number of different ways beyond just at pharmacies. Legal social consumption lounges seem to be a very real possibility too based on what we have seen today.

The domestic cultivation part also seems to be a component that will be set in stone, at least for the foreseeable future, and the significance of that cannot be overstated. In order to get around issues with international and continental treaties, it sounds like all cannabis for the adult-use market will need to be produced within Germany’s borders. I assume that will be completely separate from medical products, which will presumably still be imported in addition to being produced domestically.

As I have pointed out countless times in my articles, the German market will not just involve consumers from Germany. Germany shares more borders with other countries than any other nation in Europe – nine total. When Germany inevitably launches legal adult-use sales, it will be largely doing so for the entire European continent, as well as for any tourists that will no doubt flock to Germany in record numbers from other continents to partake in the newly established freedoms. I don’t know exactly how much German cannabis supply will be needed to match the demand that will be flooding into Germany’s borders, but it’s a very safe bet that it’s going to be unlike anything that the legal market has ever seen before, and cultivation licenses within Germany’s borders are going to likely become the most sought after cannabis licenses on earth as a result.

Germany

US Germany

Who Legalizes First – The United States Or Germany?

When it comes to cannabis policy there are two nations that likely have more eyes watching them right now than any other countries on the planet – Germany and the United States. It is no secret that many lawmakers in Germany are working really hard right now to determine which provisions should be included in a national cannabis legalization and industry model. It is also no secret that United States President Joe Biden recently tasked federal Departments with re-examining cannabis’ current status in the U.S.

Efforts to reform national cannabis policies in both countries are making headlines, and understandably so, as both Germany and the United States are home to two of the largest economies on earth, and both countries wield tremendous political influence around the world. However, that is not to say that the efforts in both nations are on the same trajectory or timeline, as that will almost certainly prove to not be the case. One nation is far more likely to legalize at the national level soon than the other one.

Germany Is ‘In The Lead’

One thing that is always important to point out is that nothing is guaranteed in the world of politics. With so much rhetoric being thrown around by lawmakers and aspiring lawmakers, especially these days, nearly everything needs to be taken with a grain of salt. As the old saying goes, ‘actions speak louder than words,’ and from that perspective Germany is clearly farther along in its effort to legalize nationally compared to the United States.

The current governing coalition in Germany previously announced direct intent to legalize cannabis for adult-use and to launch a regulated national industry. Since that time, many members of the governing coalition have engaged with stakeholders in multiple ways, gaining insight and feedback, and working meaningfully towards their goal. The process is not going as fast as many had hoped, however, just as Rome wasn’t built in a day the same is obviously true for a country trying to launch what will instantly become the world’s largest regulated cannabis market by far.

Compare that to the United States where things are much more fractured, both from a governing standpoint and an industry standpoint. Yes, President Biden did issue pardons for simple possession and tasked Department leaders with re-examining cannabis’ current federal status. However, that is not the same as Biden taking the lead on pushing for a regulated national industry. It’s quite possible that nothing could occur between now and when Biden is up for re-election, and it’s anyone’s guess where things go from there if/when he is not re-elected.

Furthermore, Biden can only do so much, as the burden for much of the work that needs to be performed lies on the shoulders of Congress. The current Congress has failed to get even a limited legalization measure passed, and with another election looming next month, the deck will be re-shuffled and likely in a manner that doesn’t move the needle. In fact, if the needle is moved, it will likely be in the wrong direction given historical midterm election trends in the U.S.

Adding To Momentum

Make no mistake – both the United States and Germany will legalize federally sooner rather than later, although, Germany is likely to do so on a quicker timeline compared to the U.S. Whereas Germany will presumably legalize nationally in one fell swoop, the U.S. will continue to see state after state pass their own legalization measures until the point where it reaches such a critical mass that it tips the scales. And just as every state that legalizes adds to the momentum for federal reform in the U.S., so too will legalization in Germany add to the momentum of efforts in the U.S.

The United States would be a larger domino between the two countries given that the United States has historically led the charge on prohibition and its economy is bigger. Yet, that doesn’t seem to be on the horizon in the U.S. The two largest economies behind the United States are China and Japan, and neither of those countries will be legalizing anytime soon, unfortunately. That puts the spotlight squarely on Germany, and once the German prohibition domino falls it’s going to speed things up everywhere else on earth, including in the United States.

Germany, united states

canada flag

Health Canada Is Seeking Feedback After Four Years Of Legalization

Canada was not the first country to legalize cannabis for adult-use, however, it was the first G-7 nation to do so, and the first to implement a nationwide, regulated adult-use cannabis industry that is open to anyone of legal age.

Uruguay is the only nation to have passed an adult-use legalization measure prior to Canada doing so. Yet, unlike Canada’s industry model, Uruguay limits adult-use sales to residents.

Legalization in Canada has certainly experienced its ups and downs, and by no means is it perfect. With that being said, it’s still the greatest cannabis policy and industry ‘experiment’ to-date, and much can be learned from the last four years.

On that note, Health Canada issued a statement today recapping its views regarding the last four years. Part of the statement urges people to share their feedback. Below is the statement in its entirety:

OTTAWA, ONOct. 17, 2022 /CNW Telbec/ – Today, the Minister of Health and the Minister of Mental Health and Addictions and Associate Minister of Health issued the following statement about the Cannabis Act:

On this day in 2018, the Cannabis Act came into force, putting in place a new, strictly regulated framework for controlling the sale, possession, production and distribution of legalized and regulated cannabis for non-medical purposes.

Since this time, the Government of Canada has implemented a robust public health approach to help keep cannabis out of the hands of youth and to help ensure adults have access to a quality-controlled and regulated supply, while reducing the scope and scale of the illicit market.

The Cannabis Act has two important and critical objectives: first, it protects the health and safety of Canadians while serving as a flexible legislative framework that adapts and responds to the ongoing and emerging needs of Canadians; second, it provides for the establishment of a diverse and competitive legal industry made up of small and large players to displace the illicit market.

In the short time since legalization, more and more Canadians who consume cannabis are choosing to buy cannabis from legal retailers – according to the 2021 Canadian Cannabis Survey, 53% reported a legal storefront as their usual source, an increase from 41% in 2020.

Public education efforts play an important role in protecting the health and safety of Canadians, especially youth. We will continue to equip Canadians with trusted information about how to identify legal cannabis and lower their risk if they choose to consume.

To ensure the functioning of the Cannabis Act is continuously improving, Health Canada has launched an independent review of the legislation to examine the progress made towards achieving the Act’s objectives, and to help identify priority areas for improvement. An Expert Panel, chaired by Mr. Morris Rosenberg, will lead this credible and inclusive review.

As an initial step, an online engagement process has been launched and is open to all Canadians. We encourage you to read Taking Stock of Progress: Cannabis Legalization and Regulation in Canada and to share your views via the online questionnaire or through written feedback until November 21, 2022.

First Nations, Inuit, and Métis peoples are also invited to read and provide feedback by November 21, 2022, on the Summary from Engagement with First Nations, Inuit and Métis Peoples.

As we look to the future, the Government of Canada will continue to provide clear, consistent and evidence-based information on the health and safety effects of cannabis use to people across the country, so they can better understand the risks and make more informed choices.

The Honourable Jean-Yves Duclos, P.C., M.P.
The Honourable Carolyn Bennett, P.C., M.P.

Associated links
Reduce your risk: Choose legal cannabis 
Cannabis Resource Series – How to read and understand a cannabis product label 
Pursue your Passion campaign 
Authorized cannabis retailers in the provinces and territories 
Canada’s lower-risk cannabis use guidelines
Accidental ingestion of illegal “copycat” edible cannabis products causing serious harm to children: Public Advisory 
Canadian Cannabis Survey 2021: Summary

SOURCE Health Canada

For further information: Marie-France Proulx, Press Secretary, Office of the Honourable Jean-Yves Duclos, Minister of Health, 613-957-0200; Maja Staka, Office of the Honourable Carolyn Bennett, Minister of Mental Health and Addictions and Associate Minister of Health, 343-552-5568; Media Relations, Health Canada, 613-957-2983, media@hc-sc.gc.ca

Canada

Research Nature Institute University of Ljubljana seminar

Research Nature Institute Bringing Cannabis Healthcare Seminar To University Of Ljubljana

The cannabis plant is arguably the most helpful plant on earth, especially when it comes to wellness benefits. Cannabis, and the cannabinoid-based products derived from it, have been found to effectively treat numerous health conditions, as evidenced by a growing body of peer-reviewed research and patient experiences.

Unfortunately, many in the healthcare field are not as knowledgeable about the cannabis plant and its wellness properties as they should be. Given how prevalent cannabis use is in society, particularly for medical purposes, it’s vital that members of the healthcare community know the science behind the cannabis plant and how to use it effectively to treat various conditions.

An amazing opportunity to learn more about cannabinoids and their role in healthcare is coming to the University of Ljubljana later this month. The Research Nature Institute, in conjunction with university faculty, is hosting a two-part cannabis healthcare seminar on October 19th and 26th.

The two-part seminar at the University of Ljubljana is the second event of its type at the institution, with a prior seminar taking place back in May. It is the third education event by the Research Nature Institute recognized by the Medical Chamber of Slovenia and the Chamber of Nurses of Slovenia.

Topics to be covered during the seminar later this month include:

– information as facts – and separate it from misinformation,
– the situation in the field of medical use of cannabis in Slovenia,
– policy in the field of cannabis and cannabinoids in Slovenia and in the world,
– clinical approaches to cannabis therapies in Israel,
– theory and the practice of using cannabis with medical vaporizers,
– methods and success of using cannabis among older adults in the world,
– methods of applying cannabis to healthy and sick populations,
– experiences of treatment with cannabinoids in Germany,
– experiences with cannabis in complementary medicine (Israel).

The seminar’s program will include world class speakers, which is itself a testament to the quality of the seminar, as well as a testament to the increased international cannabis community focus on Slovenia and the greater Balkan region.

The event will be moderated by journalist Mr. Gorazd Rečnik and will be available online in addition to in-person, so everyone around the globe is encouraged to attend. You can find out more, and register, at the seminar’s webpage on the university’s website.

***

About the Research Nature Institute

The Research Nature Institute researches the efficacy and safety of natural remedies that are currently available or are of limited access to persons in need. By setting standards for quality control and standardization, providing accreditation programs, and taking part in clinical trials, the Research Nature Institute aims to ensure natural remedies are clean (free of contaminants) and effective at known dosages to the user. Underlying its mission is to educate the public, medical professionals and legislators of its findings based on sound scientific methodologies and principles.

slovenia

gavel law courtroom judge jury conviction appeal

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.

biden, Brittney Griner, russia

white house usa washington dc united states

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.

joe biden

geneva switzerland

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.

Switzerland

europe topography map

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.

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Japan Health Panel Gives Mixed Cannabis Policy Recommendations

This week a Japanese health ministry panel issued cannabis policy recommendations, including a recommendation that Japan allow medical cannabis products to be imported. Generally speaking, the recommendation to allow medical cannabis product imports is a good thing, however, cannabis observers and advocates around the globe need to temper their celebrations, as the recommendation proves to be very limited upon further inspection, and it wasn’t the only recommendation that the panel offered up.

In addition to recommending that products ‘whose safety and efficacy were confirmed under laws governing pharmaceuticals and medical devices’ be allowed for importing, the panel also recommended that Japan make cannabis consumption itself a crime if it’s not for authorized medical purposes. That recommendation, coupled with the fact that the only medical cannabis product that seems to fit the panel’s criteria is Epidiolex, makes it clear that what is ultimately being proposed in Japan is ‘eh’ at best. It’s certainly better than outright prohibition with no exceptions, however, it’s not the medical cannabis policy overhaul that some may think it is.

Breeding Ground For Selective Enforcement

The nuances between enforcing prohibition as it pertains to possession versus consumption is significant. To be sure, both are harmful, however, prohibition on consumption can prove to be a greater violation of basic rights. Someone being charged with possession is exactly how it sounds – someone was found to be in possession of cannabis. When someone is charged with cannabis consumption, what we are really talking about is someone having cannabinoids in their system.

How do authorities discover that someone has cannabinoids in their system in the first place? In many instances, it will likely be coupled with a possession charge, with law enforcement seeing the person consuming and catching them in the act. Yet, there’s always the potential that law enforcement merely ‘suspects’ that a person has consumed cannabis, and uses that ‘suspicion’ as ‘justification’ to acquire bodily fluids for testing by whatever invasive means they deem to be useful. It’s an enforcement practice that can easily be weaponized and should never be implemented by any government anywhere.

What Is The Problem?

As I have pointed out in a previous article, the creation of the panel that issued the recent recommendations was born out of a rising consumption rate in Japan, especially among younger consumers. Lawmakers in Japan have expressed concern that there is a spike in consumption, and while that is technically true, it deserves some context, as Japan has one of the lowest cannabis consumption rates on the planet.

In the most recent year for which data is available (2019), Japan experienced a 21.5% increase in measured cannabis consumption compared to the previous year. While that may sound alarming to some lawmakers inside and outside of Japan, consider the fact that less than 2% of people in Japan report having consumed cannabis during their entire life. By comparison, 41.5% in Canada report having consumed cannabis during their lifetime, and 44.2% in the United States. Clearly, Japan doesn’t have a cannabis consumption addiction problem – it has a cannabis prohibition addiction problem.

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German Finance Minister: Expect Cannabis Legalization In 2023

When it comes to the push for adult-use cannabis legalization there’s no place on earth that is as exciting as Germany right now. Late last year a new coalition government was elected in Germany, and the ‘Traffic Light Coalition,’ as it is commonly referred to, made it clear very quickly that it sought to legalize cannabis for adult use and launch a regulated market. Speculation has swirled ever since regarding how long it will take for Germany to make the transition, and the nation’s Federal Finance Minister Christian Lindner (FDP) recently weighed in predicting that legalization would become a reality in 2023.

The comments by Finance Minister Lindner came at a FDP state election campaign event in Lower Saxony, apparently in response to cannabis advocates that were in attendance and holding up signs with hemp leaves that read (translated to English) “A bag with Christian Lindner.” Various other elected officials in Germany have also weighed in over the course of the last year, and the general consensus seems to be that legalization may arrive as early as next year, however, it could take as long as 2025 to become a fully implemented reality.

Not An Easy Task

Some cannabis advocates are expressing frustration regarding the current legalization process in Germany, which is understandable given that cannabis prohibition is the law of the land when it comes to consumers in Germany, and prohibition is a harmful, failed public policy. However, it’s important to keep things in perspective. Germany may not be the first nation to roll out a nationwide adult-use industry, yet it is certainly the first to try to do so on such a large scale.

The only three countries to legalize cannabis beyond low-THC, and at a national level, are Uruguay, Canada, and Malta. Germany’s population is roughly twice the size of all three of those other countries’ populations combined. The size of Germany’s economy is more than twice the size of those other countries’ economies combined. Unlike the other three legal countries, Germany shares a border with nine other countries, many of them being home to their own large populations and economies. Legalization absolutely needs to happen in Germany, but it needs to happen the right way and that will take some time.

The Prohibition Dam Will Burst

As alluded to earlier in this article, Germany is not legalizing cannabis in a vacuum. Every lawmaker and regulator around the globe that wants to see cannabis legalized is watching Germany with a very close eye right now, as the push to legalize in Germany will largely serve as the ‘guidebook’ for efforts elsewhere. What will the legal age be? What will the personal possession limit be? How many plants can a household cultivate? Will social use establishments be allowed? What should testing standards be? What will the business licensing forms entail? How many offices and government positions will be needed to oversee the industry? These are just a sample of questions that have to be completely vetted and sorted out. A lot of stakeholders have to be afforded an opportunity to weigh in, and some level of consensus has to be reached for every facet of Germany’s future cannabis policy.

All the while lawmakers and regulators are crafting plans and strategies without anyone truly knowing how much demand Germany will experience once legal sales begin. Current legal nations are not good comparators, as Germany is a completely different animal. Canada is the only country on earth right now where anyone of legal age can make a regulated purchase. Uruguay limits sales to residents and Malta does not have any industry framework in place. Even if those countries had models similar to Canada, they still would not be good comparators.

When Germany launches its adult-use industry domestic and foreign consumers will no doubt flock to retail outlets at levels literally never seen before in the emerging global cannabis industry. I personally think that Germany should do a staggered rollout with possession, cultivation, and consumption provisions being implemented sooner than industry provisions, as they are far more straightforward. By doing so, Germany will instantly save money by no longer enforcing failed public policy and individual consumers will finally experience freedoms that should have never been taken from them in the first place.

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