Tag: Europe

The first of many high-level meetings on the legalization of cannabis was held in Luxembourg between representatives from Germany, Luxembourg, and Malta

An unprecedented meeting occurred on Friday, July 15 – just three days before the beginning of the ICBC’s Global Investment Forum in Berlin.

Ministers from Germany, Luxembourg and Malta met for the first time to kick off a series of meetings between the countries on how to legalize recreational cannabis.

There were three sessions. Two focussed on international and European law. The third looked at the opportunities and challenges ahead as public policy and regulations change.

After the meeting, they issued a highly revealing joint statement along with personal comments from attendees. According to the Luxembourg Minister of Justice, Sam Tanson, “Almost half a century after the entry into force of our law establishing the criminalisation of drug-related behaviour, namely the law of 19 February 1973 on the sale of medicinal substances and the fight against drug addiction, Luxembourg still pursues a drug policy focused mainly on repression. However, as our statistics show, the failure of this approach cannot be denied, and the time has come to develop a new approach, based on dialogue with the states that have made the same observation and the European and international institutions.”

The Key Takeaways

For those who have been watching global developments, this multilateral meeting was actually unprecedented. Nothing has happened quite like it on the path to legalizing the plant in the last decade.

The key takeaways were equally historic. Namely:

• The demand for cannabis – both for medical and recreational use has grown exponentially. In fact, cannabis now accounts for 39% of all illegal drug traffic in the region. Unless the underground economy is undermined, this represents a major security threat from the amount of cash that is being handed over to organized crime.
• There is no way to control any form of cannabis unless the laws are changed, and regulations are established.
• Law enforcement is being challenged by the fact that it is no longer possible to distinguish between cannabinoids without expensive testing.
• There is a need for EU governments to reassess their cannabis policies which reflect changing realities as well as to strengthen social programs geared towards health and prevention rather than criminalizing use.

There is no word yet on the schedule of meetings, or whether the first group will expand the invitee list to other legalizing countries, but given the broad scope of the inquiry, it would appear that these three countries are setting the table for a European-wide discussion about all cannabis regulation, and for all purposes.

Stay tuned. This is getting interesting.

The European continent is in the midst of a cannabis revolution with policies being reformed for the better in a growing number of countries. Malta became the first country on the continent to pass an adult-use cannabis legalization measure late last year, and it most certainly will not be the last to do so.

Cannabis reform is a serious issue that every country needs to explore thoroughly and with an open mind. Also, countries need to collaborate as much as possible to help ensure that their domestic laws don’t create unnecessary hurdles for the emerging industry.

In order for Europe’s legal cannabis industry to reach its full potential, not only do domestic laws within individual countries need to be sensible, but there also needs to be a concerted effort at the continental level to adopt policies, rules, and regulations that make sense.

Members of the European Parliament seem to agree with the previously stated needs and have formed a group involving multiple political parties and representing multiple nations. Per Malta Today:

Five members of the European Parliament hailing from different political groups and different EU Member States have come together to create an informal interest group of MEPs who support human rights-based policies relating to the personal use of cannabis.

In an open letter to the 705 Members of the European Parliament encouraging MEPs to join the informal group, MEPs Cyrus Engerer (Malta, SD), Monica Semedo (Luxembourg, Renew), Mikuláš Peksa (Czech Republic, Greens), Dorian Rookmaker (The Netherlands, ECR) and Luke “Ming” Flanagan (Ireland, The Left) welcome the recent developments on cannabis legalisation in Germany, Malta and Luxembourg and call for more information sharing between Member States on the topic.

How fruitful the group’s efforts will end up being is anyone’s guess at this point, however, it’s definitely a worthwhile endeavor and hopefully more members will join, especially from countries like Germany and Switzerland where the cannabis industry is booming.

With Germany inching ever-closer to legalization, and the likely opening of the legalization floodgates once that happens, it’s more important now than ever for lawmakers across Europe to join the conversation if they haven’t already, and to let facts and evidence lead the way instead of letting prohibition politics drive the conversation.

Current proposals range from 4-5 plants – but is this a number based on any kind of reality?

Malta has just allowed it. Luxembourg and Portugal are on the brink of doing so. Germany almost certainly will put language in place allowing the same.

The real question is how are governments coming up with this number? Further, does it really do anything other than supply recreational users who are diligent with their horticultural efforts? And perhaps more importantly, will patients be bound by the same regulations?

The reality is that this critical part of reform is not getting the attention it deserves.

A Numbers Game

As anyone who has actually grown cannabis knows, a successful, bountiful grow takes a couple of things to maximize yield. The first is the right growing environment. Indoors, which is ideal for users in Europe, requires a good LED light, a grow tent, fans, and an extractor. This is easily a four-to-six-hundred-dollar investment (at the low end). Outdoors, it means that you are limited to one crop a year.

Beyond this, there is then yield to consider. A good cultivar can yield about 400-600 grams per plant every three to four months. An auto strain (meaning that the plant produces flower regardless of light intensity) can speed up this process to two months per crop, although yields tend to be lower. The bottom line is even if you use a high-yielding auto flower crop, you are unlikely to get more than 1 kilo of flower per plant every two months.

Most recreational users cannot use 4-5 kilos of flower every two months. Most patients can. But this is just the optimal situation. More likely is the production of perhaps several kilos a year.

This is fine for the average recreational user. It is, however, sub-optimal for those who need the most help.

Decrim and Patient Licensing

Another option, which has not caught on in Europe, yet, is the idea of issuing limited cultivation permits for patients and patient groups. This ensures that a person who needs a steady and larger than average amount of cannabis will be kept in meds without bankrupting them. It does not mean that a cannabis patient cannot go to a doctor too and obtain some help with regulated meds too.

It also creates a non-profit medical market. See Canada.

This concept is problematic in a highly regulated medical market like most European countries. However, so is the reality that a majority of patients who should qualify for treatment not being able to access it without incredible hurdles or the possibility of a criminal conviction.

The bottom line is that every European country is still struggling with acceptance – and that starts with a humane home grow policy beyond creating an infrastructure that helps the legitimate industry flourish.

Several political initiatives are moving forward in multiple countries that would give European citizens the right to grow their own – what are the opportunities and pitfalls?

Home grow is a controversial topic in the cannabis industry just about everywhere. On one hand, it is the legal loophole that began to establish the industry in places like Canada (and one presumes European countries like Luxembourg). On the other hand, it represents considerable competition to the nascent medical and recreational industry. After all, if people are growing their own, they won’t buy it.

The cost of cannabis, especially for patients who use far more of it than recreational users, is one of the biggest reasons this entire discussion remains politically relevant. This is especially true in places like Germany – where theoretically at least, sick patients should be able to get their meds covered for a co-pay of about $11 a month. Many – if not still the majority of those who should qualify – are not or just falling out of the system altogether.

However, it is clear that the debate has progressed significantly in Europe. Mention home grow even a few years ago in an industry event in Germany and one would be looked at as a dangerous “radical.”

Now the government is again considering the same as Luxembourg and Portugal move towards legalizing limited home grow, Italy has a legal precedent set by its highest court, and Germany tries to figure out how to incorporate this idea into the recreational system they are now holding hearings on. Patient home grow briefly became legal here in 2016 before the medical law was passed in 2017.

How Do Patients Fit In?

One of the most important reasons for legalizing home grow is patient need – especially at a time when most doctors are still not educated about cannabis – and the sickest patients are still struggling with access on the cost front.

However, so far in Europe at least, this is not a discussion that has gotten much traction. Indeed “home grow” has been a topic that is mostly focused on those who want to use the plant for “recreational” purposes. Growing four to five plants in an indoor grow box will not create enough cannabis for patients. It is, however, plenty for the average occasional rec user.

Beyond this, the idea of having legal non-profit patient collectives has not entered the discussion (so far). In Spain the clubs are “non-profit,” but they are not targeted to patients but rather the general cannabis-using public.

However, the reality remains that without some kind of relief, or at least recognition that patients need to not only use more cannabis to manage their conditions, but also grow more, any reform that excludes this reality will continue to put the sickest and most vulnerable people in danger of being criminalized merely for being sick.