Regulating cannabis in EU: current policies and laws

The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) published document Cannabis laws in Europe: questions and answers for policymaking which provides an overview of current policies and laws at the EU level and in individual Member States. The speed and scale of cannabis policy change and the potential impact of these policies on public health and safety, has prompted the EMCDDA to publish this report

This publication answers some of the more frequently asked questions raised in discussions about cannabis legislation. While the primary focus is on the use of cannabis for recreational purposes, relevant legislation for other uses, including medical and commercial cannabis-derived products such as cosmetics, wellness products and foods, is included in order to provide the necessary context for various policy initiatives.

While the primary focus of this report is on the use of cannabis for recreational purposes, relevant legislation for other uses is included in order to provide the necessary context for various policy initiatives. Written for a broad audience, the report aims to give brief answers to some of the more frequently asked questions raised in discussions about cannabis legislation. These have been grouped into five parts:

  • Why is defining cannabis important?
  • What are countries’ international obligations to control cannabis?
  • How do EU countries respond to illegal use and supply of cannabis?
  • Is there a trend towards cannabis regulation — and if so why?
  • What laws cover medical and commercial cannabis-derived products?

This document is available at our Resource Centre following this link>>>, or at the EMCDDA website>>>.

 

How countries can legalise their domestic non-medical cannabis market?

Augur Associates published the white paper “Obligations and flexibilities under European and International law: a path towards domestic cannabis adult-use regulation“. It is centered on how countries can legalise their domestic non-medical cannabis market while remaining compliant with international conventions and EU regulations. This work may be useful in dealings with national authorities and even help willing countries to move forward with legalisation.

You can download the report here: https://en.augur.associates/rapports

 

Germany plans a cannabis legalization bill by the second half of the year

As part of a large project on improvement of the national health system, the German Health Minister Karl Lauterbach announced that it would start the legal process for cannabis legalization.

The process for the planned cannabis release is to start with several technical discussions between the Federal Drug Commissioner Burkhard Blienert and national and international experts. A draft law is to follow in the second half of the year, explained the minister. The traffic light coalition wants to introduce a “controlled sale of cannabis to adults for recreational purposes in licensed shops,” as stated in the coalition agreement.

I’ve changed my mind on that over the past two years,” Lauterbach said. “I’ve always been opposed to cannabis legalization, but I revised my position about a year ago.” He now believes the dangers of non-legalization are greater.

 

Malta approves legalisation of cannabis for personal use

The Parliament of Malta approved the legalisation of cannabis and its cultivation for personal use on 14 December 2021 with 36 votes in favour and 27 against. Malta is the first country in the European Union to make that move.

Equality Minister, Owen Bonnici, said the “historic” move would stop small-time cannabis users from facing the criminal justice system, and would “curb drug trafficking by making sure that users now have a safe and regularised way from where they can obtain cannabis”.

Possession of up to seven grams of the drug will be legal for those aged 18 and above. It will permissible to grow up to four cannabis plants at home, with up to 50g of the dried product storable.

Possession of up to 28 grams will lead to a fine of €50-€100 but with no criminal record. Those under the age of 18 who are found in possession will go before a commission for justice for the recommendation of a care plan rather than face arrest. Those who consume cannabis in front of a child face fines of between €300 and €500.

It will be legal for non-profit cannabis clubs to cultivate the drug for distribution among their members, similar to organisations tolerated in Spain and the Netherlands. Club membership will be limited to 500 people and only up to 7 grams a day may be distributed to each person, with a maximum of 50 grams a month. The organisations, which cannot be situated less than 250 metres from a school, a club or a youth centre, may also distribute up to 20 seeds of the plant cannabis to each member every month.

Media coverage on cannabis regulation in Serbia

Statement of the Minister of Health Dr Zlatibor Lončar that Serbia will regulate cannabis in line with the decision of the UN Committee on Narcotic Drugs triggered a lot of attention in the country.

Our Executive Director Milutin Milošević was invited to comment speculations that legalisation of cannabis may benefit those accused in the famous case of production of marijuana in the organic food farm Jovanjica” at the Nova S TV station. The segment from their news is available (in Serbian) following this link>>>.

Milutin was then invited for a talk with Prof Dr Vladimir Kovčin at the cable channel K1 where most of the attention was given to medical benefit of marijuana and possibilities to regulate it in Serbia.

 

The departure day

This page will be updated during the day, as the events happen

Side events

Human rights tools: Incorporating international justice and targeted sanctions into drug policy

Organized by DRCNet Foundation and Forum Droghe Associazione Movimento per il Contenimento dei Danni

The event was about the situation in The Philippines where rights of drug users are violated. There were more than 30.000 acknowledged and 20.000 unofficial killings recently and extended attack on political opposition and media.

Also, situation in Bangladesh, where people are killed for both sex and drug crimes.

Good practices in cross-sectoral cooperation: Civil society involvement in policymaking in Europe

Organized by Finland and Spain, and Civil Society Forum on Drugs in Europe, Correlation – European Harm Reduction Network, European Union, Foreningen for Human Narkotikapolitikk, International Drug Policy Consortium, Rights Reporter Foundation and Youth Organisations for Drug Action

Civil Society Forum on Drugs members are selected by the European Commission. CSFD representative presented a variety of activities they had.

Elina Kotovirta, Finish representative talked about cooperation with CSFD in 2019, when they held the EU presidency – in preparations for the Ministerial segment last year. Both sides evaluated cooperation as a very good one.

The representative of Norway Carl-Erik Grimstad, member of the Parliament, started his presentation raising the shirt with message “Nothing about us without us”. The civil society representatives gave a significant contribution in defining a new drug policy. He underlined that the key change needed is de-stigmatisation. Decriminalisation that is about to be adopted is a step in that direction. He encourages community organisations to take the lead in this process.

Arild Knutsen, leader of the Norwegian Association for Humane Drug Policy, drug user almost all his life. He was recently seen as a garbage of the society, but now he finds himself a source of the society. He spoke about the process of changes and spoke so positive about cooperation they have with politicians, parliamentarians and ministries. “Our drug policy is just humane!”

Milutin asked two questions:

  • Is it OK that EU institution decides about who will be civil society representatives in the CSFD?
  • Do you work with candidate countries? Acquis have only a narrow view on the issue of drugs – almost exclusively drug supply.

The Finish representative explained process of electing CSFD members and promised to propose finding a model of involving the civil society itself in that process. She also mentioned some ways of cooperation with accession countries (cooperation with EMCDDA, twinning projects) and agreed that most of the relation is on supply demand.

 

Meetings

Civil society organisations had informal dialogues with CND Chair, Director of UNODC and INCB Chairman.

Informal meeting of the European Citizens’ Initiative to change regulation on cannabis was held at the CND. The text of the initiative is in the final stage. The main challenge is how to collect million signatures in EU.

IDPC invited organisations active in the “Support. Don’t Punish” campaign for a meeting to discuss developments and the upcoming 2020 Global Day of Action. The International day of action will be celebrated for the eight time. The call for expression of interest will be issued on 16 March and opened for a month. The process will be the same as recent year(s). There was a call for projects in October 2019 where 84 projects were submitted but IDPC had resources to support only 6 of them.