Is the European Union on the Verge of Changing Its Stance on Cannabis?

Germany recently decided to scale back its ambitions to create a fully-fledged national market for adult-use cannabis after resistance from European Regulators.

Following a meeting on January 18 between the European Commission’s Director General for Migration and Home Affairs, Monique Pariat, and its chief negotiator, Health Minister Thomas Steffen, Germany changed its plans.

At the time, many commentators assumed that Germany had taken a beating and concluded that the EC was maintaining a hard line on cannabis. Very little has filtered down from the German side about the exact nature of the January meeting with Ms. Pariat or an earlier meeting on November 14 last year.

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European Winds of Change?

The European Commission and the German Ministry of Health refused to divulge details of what was discussed at these two meetings when contacted by Business of Cannabis. However, after several conversations with German and European cannabis industry figures, we understand that a wind of change may be blowing through Brussels.

At both meetings, Business of Cannabis understands that both sides avoided any in-depth technical discussions on how Germany might implement its proposals. With the EC still finding its feet as to how to handle the growing momentum of cannabis reform, the consensus was to slow down the rapid maneuvers and settle for a gentler pace, as we understand it.

A European cannabis expert with intimate knowledge of the discussions, who chose to remain anonymous, told Business of Cannabis, “The consensus was that Germany was moving too fast and that cannabis liberalization in Europe shouldn’t happen at such a pace.”

“There were no in-depth legal discussions, and Germany agreed to slow the pace. At this stage, there have been no serious discussions on how adult-use programs can be implemented in the European Union.”

A second well-placed source said they understood that 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 slower pace of development.

Understanding the Changes

A European Commission spokesperson told Business of Cannabis: “We are aware of and closely following these developments in member states, particularly to understand the impact of changes in cannabis policies. This includes the impact on health, crime, the environment, or social aspects”.

When asked about the meaning of the terms “closely monitor” and “impact,” the European Commission declined to comment further.

Business of Cannabis has previously stressed that countries can reform their cannabis laws in line with international treaty obligations.

The two possible ways to proceed are an interpretative approach to legalize the cannabis industry for non-medical purposes under Article 2, paragraph 9, of the 1961 Single Convention on Narcotic Drugs (SCND) or legalization as a scientific experiment.

As things stand, 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 with the aim of obtaining the scientific evidence needed to satisfy European regulators.

This latter route has also been chosen by non-EU member Switzerland, which has launched a number of cannabis trials, with more to follow.

Cannabis Can be Cultivated

The European Commission seems comfortable with this approach, which is in line with the obligations imposed by international drug treaties and its own regulations.

While showing its teeth, the European Commission 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 drug trafficking, including cannabis, are punishable.

“This law lays down minimum criminal penalties for drug trafficking. Personal consumption of drugs is not covered, and it is up to member states to decide how to deal with personal consumption of drugs, including cannabis.”

“Under European Union 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/authorization, for example, for the production of medicinal products derived from cannabis plants, or in the case of exclusion from the scope of ‘personal consumption,’ as this is left to the discretion of the member states.”

Over the next few weeks, the European Commission’s determination on these issues will be put to the test once again as the Czech Republic pursues its plans to end prohibition.

Tailor-made European Cannabis Regulation

The Czech Republic aims to create a fully regulated commercial market for the recreational use of cannabis. Speaking to Business of Cannabis, Czech national drug policy coordinator Jindřich Vobořil said the Czech Republic would unveil its own proposals over the next six months.

He said the Czech Republic was currently studying “how best to adapt cannabis regulation to the EU and international law.”

“It’s important to realize that even European laws are written by the people for the people, so they can and should be modified to reflect the evolution and values of today’s society,” he said.

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 the company being taken to the European Court of Justice for infringement of EU rules.

Not if, But When and How for the European Union

Mr. Vobořil added: “I don’t see the point of theorizing about possible relations with the European Court of Justice.”

“The discussion paper outlining our cannabis regulations is ready. For the moment, it is subject to approval by the coalition parties of the current government. Once we receive the mandate to proceed with drafting the bill, it should take us no more than four to six months.”

And, in a rallying call on his desire to radically alter the European cannabis status quo, he concludes, “In any case, some form of cannabis regulation will soon be an inevitable reality for most developed countries; the question is therefore not whether, but how we make it work.”

Luxembourg also reaffirmed its ambition to create an adult-use market which, in the first instance, will allow adult residents to grow up to four plants at home from seed. In a second phase, it will authorize the creation of a state-controlled cannabis production and sales chain.

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(Featured illustration by Wikimedia Commons via Pexels)

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