Germany recently decided to scale back its ambitions to create a fully-fledged national market for adult cannabis use.
Following a meeting on 18 January between the European Commission’s Director General for Migration and Home Affairs, Monique Pariat, and her chief negotiator, Health Minister Thomas Steffen, Germany changed its planes.
At the time, many commentators assumed that Germany had been given the cold shoulder and concluded that the EC maintained a hard line on cannabis. Very little has leaked from the German side about the exact nature of the January meeting with Ms Pariat, or an earlier meeting, on November 14 last year.
The wind of change?
The European Commission and the German Ministry of Health declined to release details of what was discussed at these two meetings when Business of Cannabis contacted them. However, after several conversations with German and European figures in the cannabis industry, we understand that a wind of change could well be emerging in Brussels.
At both meetings, Business of Cannabis understands that both sides have avoided any in-depth technical discussion on how Germany might implement its proposals. With the EC still finding its feet on how to handle the growing momentum of cannabis reform, the consensus has been to slow down the fast-paced maneuvers and settle for a gentler pace, according to this that we understand.
A European cannabis expert with extensive knowledge of the discussions, who chose to remain anonymous, told Business of Cannabis “The consensus was that Germany was moving too fast and that the liberalization of cannabis in Europe should not happen at such a pace. »
“There were no in-depth legal discussions and Germany agreed to slow down. At this stage, there have been no serious discussions on how adult consumption programs can be implemented in the European Union”.
A second well-placed source said they understood the EC had no “interest” in punishing Germany, but that now that cannabis has moved up the hierarchy in terms of regulatory priorities, they would prefer a pace of development. slower.
Understand the changes
An EC spokesperson told Business of Cannabis “We are aware of and are closely following these developments in Member States, in particular to understand the impact of changes in cannabis policies. This includes impact on health, crime, environment or social aspects”.
Asked about the meaning of the terms “monitor” and “impact”, the Commission did not wish to comment further.
Business of Cannabis has previously pointed out that countries can reform their cannabis laws in line with international treaty obligations.
The two possible ways to proceed are an interpretive approach to legalize the cannabis industry for non-medical purposes under Article 2(9) of the Single Convention on Narcotic Drugs of 1961 (SCND), or legalization in as a scientific experiment.
As it stands, Germany’s watered-down cannabis plans will see it legislate to allow the creation of Cannabis Clubs with a license to grow their own plants, while undertaking a series of trials. in order to obtain the scientific evidence necessary to satisfy regulators.
The latter route has also been chosen by non-EU Switzerland, which has launched a number of cannabis trials, and more will follow.
Cannabis can be grown
The European Commission seems comfortable with this approach, which is in line with the obligations imposed by the international drug treaties and by its own regulations.
While showing its teeth, the EC acknowledged this approach in its communication with us, stating: “It is important to take into account the EU legislative framework on drugs. European legislation (Council Framework Decision 2004/757/JHA) obliges Member States to take the necessary measures to ensure that offenses related to trafficking in narcotic drugs, including cannabis, are punishable.
“This law provides minimum criminal penalties for drug trafficking. Personal drug use is not covered and it is up to Member States to decide how to deal with personal drug use, including cannabis. »
“Under EU law, the cultivation of the cannabis plant is also prohibited, with a few notable exceptions. Cannabis can be cultivated if there is a specific right/permission, for example for the production of medicinal products derived from cannabis plants, or in the case of the exclusion from the scope of ‘personal consumption’, because this question is left to the discretion of the Member States”.
Over the next few weeks, the resolve of the European Commission on these issues will be further tested, as the Czech Republic pursues its plans to exit prohibition.
Tailor-made cannabis regulations
The Czech Republic aims to create a fully regulated commercial market for the recreational use of cannabis. Addressing Business of CannabisCzech national drug policy coordinator Jindřich Vobořil said the Czech Republic would unveil its own proposals within the next six months.
He said that the Czech Republic is currently studying “the best way to adapt cannabis regulations to EU and international law”.
“It is important to realize that even European laws are written by the people for the people, and therefore can and should be changed according to the evolution and values of today’s society,” he said. declared.
He added that his proposals would be based on “scientific evidence and follow the principles of risk reduction”.
Some speculate that these proposals could lead to a summons to the Court of Justice of the European Communities for violation of Community rules.
Not if, but when and how
Mr Vobořil added: “I don’t see the point of theorizing about possible relations with the European Court of Justice. »
“The discussion paper on the outline of our cannabis regulations is ready. For now, it is subject to the approval of the coalition parties of the current government. Once we receive the mandate to proceed with the drafting of the bill, it should not take us more than four to six months. »
And, in a rallying call on his desire to radically change the European cannabis status quo, he concludes: “In any case, some form of cannabis regulation will soon be an inevitable reality for most countries. developed; so the question is not if, but how we are going to make it work. »
Luxembourg has also reaffirmed its ambition to create an adult-use market which, initially, will allow adult residents to grow up to four plants at home, from seed. In a second step, it will authorize the creation of a chain of production and sale of cannabis controlled by the State.
