Cannabidiol (CBD) is not ‘narcotic drug’ under European law

From the EMCDDA website

In November 2020, the European Court of Justice published a judgement stating that cannabidiol extracted from the cannabis plant should not be considered a drug under the 1961 United Nations Single Convention on Narcotic Drugs.

The 1961 UN Convention is the basis for national drug control laws controlling cannabis. It states that unauthorised sale of ‘cannabis flowers’ and ‘extracts and tinctures of cannabis’ should be subject to criminal penalties, and this was subsequently reflected in the EU Council Framework Decision 2004/757 on drug trafficking penalties. These flowers and extracts contain several different cannabinoids, whose concentrations can vary greatly by plant variety and by growing technique. The two most extensively studied cannabinoids are tetrahydrocannabinol (THC) and cannabidiol (CBD). While THC is known to be the main psychoactive component of cannabis, the recent review by the World Health Organization’s Expert Committee on Drug Dependence found that CBD ‘has no potential for abuse and no potential to produce dependence’.

The European Court ruling resulted from a case referred from the French courts. In 2017, a French court convicted the seller of e-cigarette cartridges containing CBD that had been legally extracted from the whole hemp plant in Czechia, because in France only fibre and seeds are legal hemp. This case was referred to the European Court of Justice (case C-663/18), and on 19 November 2020 the court published its judgement). The court stated that, while evidence of the risk to health from CBD was still limited but may justify precautionary restrictive measures, it was inconsistent to apply the marketing ban only to organic, and not synthetic, CBD. Examining the legality of these measures that restricted the free movement of goods within the EU, the court also stated that CBD extracted from cannabis was not a drug within the meaning of the 1961 Convention; and that the EU industrial hemp regulations were not applicable to the CBD extract, as it is not an agricultural product within those regulations’ definitions.

Following this decision, the European Commission has noted in a recent press briefing that cannabidiol should not be considered as a drug within the meaning of the United Nations Single Convention on Narcotic Drugs of 1961 and cannabidiol can be qualified as food, provided that the other conditions of the EU Food Safety Regulation are also met.

 

Who is responsible for prosecuting cannabis in Slovenia?

There is still no official translation of the 1961 Convention, but the Ministry of Health is commissioning a study on other countries

In April, The National Assembly Health Committee called on the ministry to prepare the grounds for cannabis cultivation by the end of this year.

Where is the sticking point?

The Ministry of Health has announced a low-value study for analyzing the costs and benefits of regulating cannabis cultivation for medical purposes in Slovenia, while SD representative Bojana Muršič is asking Minister Minister Aleš Šabeder for the purpose, as all the explanations have been gathered in 2016. Members of Parliament have been misled for years.

The analysis should include an overview of cannabis cultivation regimes for medical purposes in the EU countries, identifying the varieties of cannabis that are most in demand on the market, as well as the presentation and dissemination of the results, which will take a year. It won’t be cheap; providers must prove they have completed at least two comparable health surveys worth at least € 25,000 in five years.

All these years, the officials of the ministry you lead ensure that the risks and costs outweigh the benefits that are minimal. In a public debate that has intensified in recent years, on a number of occasions from a number of different sources the ministry has been presented credible information, publicly and clearly, which they want to collect now through the public procurement and (re)use of public funds“, Muršič warns the minister and adds that in April, the National Assembly Health Committee called on the ministry to prepare the grounds for cannabis
cultivation by the end of this year.

cannabis
Photo: Voranc Vogel/Delo

The Convention does not classify hemp plants as illicit drugs; that is a Slovenian particularity that was added by an unofficial translation from ten years ago.

Confusion due to wrong translation

Even in the order, the ministry points out that the regulation on hemp use in our country is based on three UN conventions, first a single drug convention of 1961 and related protocols of 1972. “The basis for the classification of the cannabis plant as well as the resin in the illicit drug list is thus the Single Convention as well as the 1988 Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The Single Convention allows the cultivation of cannabis for medical purposes under certain conditions”, the ministry writes.

But here’s the catch. The Convention does not classify hemp plants as llicit drugs; that is a Slovenian particularity that was added with an unofficial translation from ten years ago. Exactly three years ago, this translation of the convention was removed from the websites of all bodies, including the Ministry of Justice. Thus, Slovenia does not have an official translation of the convention, thus violating said convention. Even worse, this unofficial translation is still used by the courts and police in criminal proceedings.

cannabis
Photo: Roman Šipić/Delo

According to the Rules of Procedure, the Drugs Commission should operate in the Slovenian language, which is not easy when the Single convention is available in Serbian and French, since Slovenia succeeded it from Yugoslavia.

Who is responsible?

Responsibility for the professional preparation and coherence of the material, which appears everywhere from the government commission to the World Health Organization (WHO) regional organization, is in the Health promotion and control of chronic non-communicable diseases and conditions department of the Ministry of Health.

Author: Borut Tavčar, Delo

 

Members of the European Parliament recommended: Take medical use of cannabis seriously

Members of the European Parliament (MEP) proposed the ways to address research gaps on medical cannabis and call on member states to seize the potential of cannabis-based medicines.

In a resolution adopted on Wednesday 11 September, MEPs call on the Commission and national authorities to draw a clear distinction between medical cannabis and other uses of cannabis. The resolution urges the Commission and member states to address regulatory, financial and cultural barriers which burden scientific research and invites them to properly fund research. The EU should embark on more research and stimulate innovation with regard to medicinal cannabis projects.

MEPs call on member states to allow doctors to use their professional judgement in prescribing cannabis-based medicines. When effective, these medicines are to be covered by health insurance schemes in the same way as other types of medicine, they say.

European Parliament

The regulation of cannabis-based medicines would translate into additional revenue for public authorities, would limit the black market and ensure quality and accurate labelling. It would also limit minors’ access to this substance, they say.

MEPs say that there is evidence that cannabis or cannabinoids may be effective in increasing appetite and decreasing weight loss associated with HIV/AIDS. Medical cannabis may also help to alleviate the symptoms of mental disorders such as psychosis or Tourette syndrome, and to alleviate the symptoms of epilepsy, as well as Alzheimer’s, arthritis, asthma, cancer, Crohn’s disease and glaucoma. They also help to reduce the risk of obesity and diabetes and ease menstrual pain.

Whilst the WHO has officially recommended that the cannabis compound cannabidiol (CBD) should not be classified as a controlled substance, legislation in member states differs widely on the subject of cannabis for medicinal purposes.

The European Parliament is made up of 751 Members elected in the 28 Member States of the enlarged European Union. Since 1979 MEPs have been elected by direct universal suffrage for a five-year period.

Potency and price of cannabis in Europe doubled in last 11 years

The first study to investigate changes in cannabis across Europe showed that cannabis resin and herbal cannabis have significantly increased in potency and in price. The study was published on 30 December 2018 in the journal Addiction by researchers from the University of Bath and King’s College London. It draws on data collected from across 28 EU Member states, as well as Norway and Turkey by the European Monitoring Centre for Drugs and Drug Addiction.

The findings show that for herbal cannabis, concentrations of Δ9-tetrahydrocannabinol (‘THC’ – the main psychoactive constituent of cannabis) increased by a similar amount each year, from 5% in 2006 to 10% in 2016.

For cannabis resin, THC concentrations were relatively stable from 2006 to 2011 (from 8% to 10%) but then increased rapidly from 2011 to 2016 (from 10% to 17%). The price of cannabis resin also increased, but to a lesser extent than for herbal cannabis.

Cannabis resin typically contains cannabidiol (CBD) in addition to THC. CBD has recently attracted considerable interest due to its potential to treat several medical conditions including childhood epilepsy syndromes, psychosis and anxiety. But, when present in cannabis, CBD may offset some of the harmful effects of THC such as paranoia and memory impairment.

Cannabis-containing higher levels of THC and/or lower levels of CBD has been linked to greater long-term harms such as the development of cannabis dependence, and an increased risk of psychotic illness. New resin production techniques in Morocco and Europe have increased levels of THC, but not CBD.

Leader of the research team Dr Tom Freeman indicates that “CBD has the potential to make cannabis safer, without limiting the positive effects users seek. What we are seeing in Europe is an increase in THC and either stable or decreasing levels of CBD, potentially making cannabis more harmful. These changes in the illicit market are largely hidden from scientific investigation and are difficult to target by policy-makers. An alternative option could be to attempt to control THC and CBD content through regulation.”

The research is available following this link>>>>