The Czech Republic’s Health Minister, Vlastimil Válek, has cast doubt on the country’s ambitious plan to get a legal commercial cannabis market for adults approved and in place by 2024.
Expressing his position to the local media ZdraveZpravy.cz last week, Mr Válek said he was waiting “for his German colleagues” to share their draft legislation, but also to see how the European Commission (EC) reacts to the German proposals.
This measured statement contrasts with those of the country’s anti-drug coordinator, Jindřich Vobořil, the “engine of reform” in the Czech Republic, who remains determined to pursue the establishment of a commercial market despite the fact that Germany has revised its lower ambitions in the face of the European Commission’s refusal.
Go forward
In a speech given in May on the occasion of Cannabis Europa London 2023and a few weeks later at the Cannabis Summit in Prague, Mr. Vobořil reiterated his commitment to “launch a fully regulated market”.
In early April, the Czech Republic said it had approved a new drug strategy until 2025, which includes the introduction of a strictly regulated cannabis market, with an “expert group” tasked with ironing out the details of the regulations.
Vobořil, who is currently working on the strategy, said he wants the Chamber of Deputies to approve the bill by the end of the year, which would establish the market in 2024.
Under the proposed regulations, companies will be able to enter the commercial cannabis market through a paid conditional license, which will cost sellers CZK 50,000 (€2,200) per year. The same amount would apply to a 200 square meter crop plot.
Pharmacies will be able to sell cannabis without paying duties, while citizens will be able to cultivate a maximum area of 3 square meters for their personal use.
A consumer registration system is also being considered which would limit the amount a person can buy per month, although it is understood that the number of licenses issued would not be limited.
Willingness to take risks
After Germany gave up trying to create a trade market, the Czech Republic is now “alone in its quest” to become the first country in Europe to do so.
The probable refusal of the European Commission, which pushed Germany to develop a different strategy, would also have prompted the Czech government to be cautious.
Speaking to local media, Mr Válek said: “I am waiting for colleagues from Germany who are trying something similar. They are not there yet, and they have promised to show us the bill, on which, of course, the EC must give a positive opinion, because it will be a certain breakthrough in Europe “.
According to Astrasana Czech managing director Tomas Ryska, Mr Vobořil is not so discouraged by the threat of a refusal from the EC.
“What Jingrich said in London, and what he told me in our private conversations, is that right now the government is willing to take the risk, because they don’t is not even guaranteed that the EU actually creates problems related to this type of legal challenge. »
“They faced a similar situation last year when they were preparing to update the legislation regarding the THC limit from 0.3% to 1%. »
“Rumours were circulating that the EU was going to intervene and that there would be problems. It never happened. No one has ever contacted the Czech Republic because of this increase. »
“So they think the situation could be similar, but they are, at this stage, ready to take the risk. »
In order to clarify why the EC rejected Germany’s proposals and what guidance was provided, Business of Cannabis contacted the union, whose full response is published at the end of the article.
Internal opposition
In addition to external threats from the EC, there are potential problems internally. Mr. Válek recalled that there was no consensus within the five-party coalition regarding cannabis reform. Currently, the main objections to Mr. Vobořil’s project have been raised by the Christian Democrats (KDU-CSL).
Mr. Ryska continues: “Most members of the government are very supportive of these initiatives. They support them. However, a small group of members of the Christian party oppose it. »
“Their position does not reflect the whole party; it only reflects a very influential small group, two members who are supposed to become the leaders of the party. »
Business of Cannabis also understands that this opposition is likely driven by the interests of a small number of high-profile pharmaceutical companies. This influence is also seen as the main driver of recent controversial efforts to limit the sale of CBD products in the country, which the government later backtracked on.
European Commission’s full response to Business of Cannabis
Could you enlighten us on the orientations that the general manager Monique Pariat gave to Thomas Steffen on November 14, 2022 and January 18, 2023?
Director General Monique Pariat met on 14 November 2022 and on 18 January 2023 Thomas Steffen, State Secretary of the German Federal Ministry of Health, and on 16 November 2022 Klaus Holetschek, Bavarian Minister for Health and Care, to discuss of the German initiative regarding the legalization of cannabis, based on the first key points document adopted in October 2022. As we have not yet received the official request for consultation from Germany, we cannot make any d any other comments at this point.
What is the current position of the European Commission vis-à-vis countries wishing to legalize the recreational use of cannabis?
We cannot comment on specific national discussions. However, we are aware of and are closely monitoring developments in Member States, in particular to understand the impact of changes in cannabis policies. These include the impact on health, crime, the environment or social aspects.
As a reminder, it is important to consider 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 European law, the cultivation of the cannabis plant is also prohibited, with a few notable exceptions. Cannabis can be cultivated either in case of specific right/authorisation, for example for the production of medicinal products derived from Cannabis plants, or in case of exclusion from the scope of application of “personal consumption”, this question being left to the appreciation of the Member States.
In addition, the cultivation of hemp plants (low-THC cannabis varieties) is permitted under the EU Common Agricultural Policy (varieties bred for their tetrahydrocannabinol (THC) content less than or equal to 0, 3%).
