TWO leading German criminal lawyers believe the country’s efforts to introduce adult-use legalisation can progress under a Human Rights remit which will comply with European and international law.
Prof Masha Fedorova and her colleague Prof Piet Hein van Kempen from the Radboud University in Nijmegen come to the conclusion that the introduction of a ‘state-controlled, national licensing system for recreational cannabis by an EU member state is possible under certain conditions’.
In an article in the German Legal Tribune Online (LTO) they say legalization can be justified if the state “sincerely believes and makes a convincing argument that through this system it can more effectively implement individual and public health, public safety and/or the prevention of violent crime”.
This comes as German Health Minister Karl Lauterbach said he believed Europe is set to give the green light to German adult-use programme over the coming weeks.
Business of Cannabis has previously reported on the various ways Germany’s proposals can align with International treaty obligations and European laws.
Luxembourg Cannabis Query
Luxembourg’s plans to allow residents to grow four cannabis plants at their home have been queried by the country’s de-facto upper chamber which stated the proposals would breach international law.
Lawmakers who put forward the draft law ‘risk exposing themselves to criticism on the international level of non-conformity with international law’, the State Council said in a legal opinion released earlier this month.
However, the council also found that while Luxembourg’s plans would breach international law, they would conform with existing EU law, given the country would not completely legalise cannabis but allow it to be consumed at home under strict conditions.
Luxembourg’s three neighbouring countries have already voiced their discontent about the government’s earlier legalisation plans, fearing the easier rules could cause people to buy the drug in Luxembourg and carry it over the border illegally, reports the Luxembourg Times.
Hungary In Dock For Anti-Cannabis Vote
The European Commission has referred Hungary to the Court of Justice of the European Union (CJEU) for voting against the EU position on removing cannabis from Schedule IV of the Convention on Narcotic Drugs.
The Hungarian vote took place at a meeting of the United Nations Commission on Narcotic Drugs (CND) in December 2020.
The EC contends that decisions on the international scheduling of substances fall under the exclusive competence of the EU and is therefore binding on member states.
The CND voted to remove cannabis from Schedule IV, clearing the way for recognising the medicinal and therapeutic potential of the drug, although keeping its non-medical use illegal.
The commission also noted that Hungary had voted contrary to the EU position twice during the vote on World Health Organisation recommendations on cannabis and cannabis-related substances.
The ECJ can levy financial penalties on countries that have been found to breach its rules.
Former Irish Taoiseach In Favour Of Cannabis Decriminalisation
Ireland’s second in command Tánaiste Micheál Martin has spoken in favour of decriminalisation of drugs but said he fears legalising cannabis in Ireland could ‘create the impression that drug-taking is acceptable’.
In an interview with the Irish Examiner in New York, the Tánaiste said medical personnel have informed him that cannabis products are much more potent now and they believe it is a contributing factor in schizophrenia, particularly if people are using cannabis early in their teenage years.
“I’d be very worried if you legalise it. You create a kind of an idea that it’s fine,” said Mr Martin. “But I don’t think we should criminalise people either; there’s a difference between decriminalisation, which I’m in favour of, and making everything legal, but I’m open to the argument.
The Government recently announced the establishment of a Citizens’ Assembly on Drugs Use which has been tasked with examining the legislative, policy, and operational changes the State could make to significantly reduce the harmful impacts of illicit drugs on individuals, families, communities, and wider society.
The assembly will begin its work next month, under the chairmanship of former HSE boss Paul Reid. Letters have been sent out to households across the country inviting members of the public to participate.
US Firm Buys UK CBD Outfit
Nasdaq-listed 22nd Century Group has acquired privately-held RX Pharmatech Ltd (RXP), a UK distributor of cannabinoids for an up-front payment of $650,000 in cash and stock and a three-year equity earn-out based on revenue milestones.
James Mish, chief executive officer of 22nd Century Group said the acquisition will establish it as the ‘leader in the UK Consumer Products isolate market…and secures direct access to key European markets for CBD products.”
RXP is progressing 1,276 UK CBD novel food applications with Mr Mish adding: “We look forward to leveraging their leadership team’s vast cannabis industry experience and strong relationships with UK and EU regulatory agencies as we move forward.”
RXP’s portfolio includes CBD isolate, and products such as gummies, oils, drops, candies, tinctures, sprays, capsules and others.
Officials in western Ukraine have launched a project to develop a hemp industrial park by retrofitting a flax plant which will allow for the development of a ‘technical cannabis cultivation and processing cluster’.
The project, entitled the Ma’rijanni Hemp Industrial Park, is to be based in the village of Rizhanni in the Zhytomyr Oblast, 140 kilometres west of Kyiv.
The 12,000 sq ms facility is expected to open in October 2024, reports Hemp Today.
