European cannabis reform of 04/20/2022

This year’s European 420 is an interesting time on the cannabis front. While there is much to celebrate as reform is on the rise here, it is also clear that almost everywhere there is still a long way to go before full and definitive cannabis reform is the law of a country, let alone a region . Even on the medical front, patients are still struggling to gain access, even in Germany. In other places the situation is much worse. There are some bright spots, however – and it’s clear that legalization is now underway, no matter how slow.

Here’s a brief overview of where the most influential countries stand on this issue – and what challenges lie ahead.

Switzerland

The non-EU country in the middle of Europe is the absolute leader in implementing a nationwide recreational cannabis study. Recreational users are allowed to purchase high-THC cannabis from pharmacies. The first orders are now being sent to pharmacies across the country. As the process is carried out from canton to canton (the Swiss equivalent of states), its impact will be felt across Europe. It is very likely that Germany will adopt a plan similar to that of Switzerland. There will also be a kind of “cannabis club” that will take root here. Definitely the leader of the European pack.

Germany

The country will certainly be able to move forward with leisure reform if the new government gets around to it (as it has promised). On the ground, however, things are still pretty bleak right now, as the traffic light coalition downplays the urgency of at least formal decriminalization. Over 200 companies in the hemp business are being prosecuted. In addition, nearly 200,000 criminal cases are pending against individuals. It is not for nothing that the Hanf Parade is being organized in Berlin this year, not to mention similar protests across the country. Perhaps there will be something to celebrate on that front from April next year.

Holland

The country is currently in the process of creating a national cannabis cultivation and distribution system, albeit at a slow pace (it has been repeatedly delayed and is expected to come into effect in 2023). Meanwhile, the mayor of Amsterdam is pushing ahead with her unpopular plan to close up to two-thirds of the city’s coffeeshops and ban cannatourists from the remaining ones.

United Kingdom

The country recently formalized its CBD market, and it’s a big step in a world where people can still be busted for CBD flower. However, healthcare reform is still a distant dream, as is leisure reform. There is now another national medical study for chronic pain, but again this will be very limited.

Luxembourg

Despite missing a promise to create a recreational market by early 2023, plans here have largely stalled, thanks in part to COVID as well as ongoing anti-cannabis voices at the regional level. That’s not to say there won’t be some sort of cannabis market on the horizon next year, but don’t hold your breath that this will particularly affect the general debate.

Portugal

Portugal is currently one of the largest feeder markets for German medicinal cannabis – either locally grown or as a pass-through product. Additionally, the country’s last government promised reform of recreational cannabis, but such promises have been decidedly muted since the new government came to power earlier this year.

Greece

The country’s political leaders are scrambling to attract as much foreign investment as possible, and of course the cannabis industry offers all sorts of opportunities. As of this month, the Greek government finally announces that Greek patients can obtain cannabis from local pharmacies and tourists can buy it from such establishments as long as they have a doctor’s prescription. The country is on track to create a strong medical cannabis tourism sector — especially since it’s another form of overseas revenue.

Malta

The country slammed Luxembourg by announcing that it had indeed legalized the first leisure market in Europe. However, Malta is an island, far from mainland Europe, and while this is a great first step, there are clearly other countries that will move the needle a little more. Users are allowed to carry up to seven grams and keep up to 50 grams at home. People can also grow at home and will eventually be able to organize non-profit organizations to distribute the plant through cannabis associations.

Spain

The country is in an interesting place right now. Cannabis clubs are more or less condoned, but there is no federal reform yet. Obviously it’s still tight here on all fronts, as the local police have just proved. They attacked a farmer drying over $100 million worth of hemp flowers destined for other European countries and destroyed the crop, citing Spain’s CBD Extraction Law.

Italy

In Italy the situation is in an interesting place. Small amounts of cannabis are essentially decriminalized. Recent court cases have established the legality of cultivation for personal use when patients are critically ill. Furthermore, cannabis is legal for medical purposes, although patients face the same problems as Germans when it comes to getting reimbursed by health insurance companies, which is one of the reasons why there is still a great push for reform. The cultivation of hemp with less than 0.2% THC is also legal. However, legalization efforts were recently thrown back when the Supreme Court overturned its citizens’ right to hold a national referendum on full legalization.

Denmark

The country is currently in the midst of a four-year medical trial that began in 2018 and will end this year. Cannabis exports are also beginning to appear in other European countries for medicinal purposes. There has been a discussion about allowing a recreational trial, but nothing is clear yet.

France

It is highly unlikely that there will be any major legislative movement on the leisure front in the next four years, even if current President Emmanuel Macron wins a second term. The country is in the second year of a very limited medical study. The best thing that can happen here is that the medical program expands. If Macron’s challenger Marine Le Pen wins the election, France can be expected to sail forward on one of the slowest boats as she has proposed reigniting the drug war. As Europe’s largest hemp producer and the place where the KanaVape case was initiated and won (which enabled cross-border CBD sales), it could be that reform here comes first on the CBD front and beyond through legal challenge.

Etc

There are several other European countries making progress, albeit slowly. Poland’s top court just overruled the country’s main public health authority, the Supreme Health Inspectorate, from allowing hemp flower as a food. The Czech Republic continues to advance on both the CBD and medicinal cannabis fronts. Although North Macedonia is not in the EU, it keeps trying to break into the European market and even exports cannabis oil through other Eastern European countries, starting with Poland.

Austria is also in an interesting place at the moment, although not much has changed in recent years. Possession has been decriminalized and the sale of seeds and plants is legal. However, the country appears to be on hold before taking the next steps. However, it is very likely that it will follow the lead of Switzerland and Germany as it shares a trade alliance with them.