2nd NordAN drug network meeting, December 15, 2022

Christopher Schmitz, Danske Cannabis Behandlere - Danish cannabis drug policy and legalization debate

Christopher Schmitz made it clear that he has not formed an opinion on whether cannabis should be legalized or not. He is presenting evidence-based information on the topic. He mentioned that he is also fact-driven in his work as a clinician and in the matter of legalization. His approach is not based on personal opinions, but rather on evidence. During the presentation, Christopher covered the current situation in Denmark, the arguments for and against legalization, and the proposal for medical cannabis and decriminalization. He started by discussing the current situation in Denmark and the arguments made by the pro-legalization movement, which he refers to as the three pillars of arguments. He gave an overview of these arguments and offered counterarguments.

There have been several proposals for the legalization of cannabis in Denmark in the past, including a new proposal made by addiction experts recently. It is possible that the politicians will consider this proposal. Denmark recently got a new government, and it is unclear how this will affect the legalization debate.

Christopher Schmitz is actively involved in the legalization debate, both in his work as a clinician and through media interviews and appearances. He considers this topic to be important because he has seen the negative effects of cannabis on families and individuals. Even if cannabis is legalized, Christopher believes it is important to address the adverse health effects of this widely popular substance. Cannabis is currently illegal in Denmark for all purposes, including import, export, smoking, selling, buying, and production. Despite this, there is a black market for cannabis in Copenhagen, specifically on a street known as Pusher Street. There is a zero-tolerance policy for cannabis in Denmark, but it is still being sold and used. In 2018, five out of nine parliamentary parties in Denmark proposed a state-controlled legalization scheme, but a minority within the parliament rejected it. There have also been three proposals to legalize cannabis in Copenhagen alone, but they have also been rejected.

On 1 January 2018, an experimental scheme with medical cannabis came into force. The scheme allows doctors to prescribe a new type of cannabis product that has not previously been legal in Denmark. The trial scheme runs until 31 December 2025. The purpose of the trial scheme is to give patients a legal opportunity to test treatment with medical cannabis if they have not benefited from approved medicine. The relevant indications are: 

Painful spasms due to multiple sclerosis, painful spasms due to spinal cord injury, nausea after chemotherapy, neuropathic pain, which means pain due to disease in the brain, spinal cord or nerves. The Danish doctors have expressed their lack of support for medical cannabis due to the lack of beneficial medical evidence.

Despite the push for legalization in Denmark, particularly from politicians in Copenhagen, cannabis is still illegal. The politicians in Copenhagen are particularly interested in legalization or decriminalization due to the high levels of drug-related violence and shootings in the city. Recently, politicians have proposed the decriminalization of not only cannabis, but all drugs. They have cited the Netherlands and Portugal as successful examples of European decriminalization, but the reality is not as simple as they present it. In fact, the arguments for legalization or decriminalization in Denmark are built on false information. The drug policy in Denmark, specifically regarding cannabis, is uninformed. Christopher believes that the best way forward is to look into the evidence, not only in the Netherlands and Portugal but also abroad, such as in the US. He observes that for some reason, the politicians do not seem to care about or at least do not want to discuss the evidence.

Christopher believes that the legalization of marijuana has resulted in a "perfect catastrophe" and that the arguments made by pro-legalization and decriminalization movements are strange and hard to understand. He notes that the first argument that legalization will end organized crime is problematic because it suggests that the state can both legalize the substance and caution people about the risks. The second argument that tax revenue from legalization can be used for treatment and prevention activities is also problematic. The third argument, that legalization will not result in more smokers, is contradicted by evidence that the illegal market is growing. Christopher Schmitz notes that experiences with legalization have shown an increase in consumption and a decrease in risk perception, particularly among young people. He acknowledges that it is possible to cherrypick studies to support a certain viewpoint, but he has tried to look at the evidence objectively. Christopher expressed concern that young people are particularly at risk due to the decrease in their risk perception and increased use.

Takeaway points:

• Cannabis is currently illegal in Denmark for all purposes, including import, export, smoking, selling, buying, and production.

• There is a black market for cannabis in Copenhagen, specifically on a street known as Pusher Street.

• In 2018, five out of nine parliamentary parties in Denmark proposed a state-controlled legalization scheme, but it was rejected by a minority within the parliament.

• Medical cannabis has been legalized in Denmark since December 2017, but it is only available to terminal patients with severe nerve system failure or similar conditions.

• The politicians in Copenhagen are particularly interested in legalization or decriminalization due to the high levels of drug-related violence and shootings in the city.

Nijole Gostautaite Midttun, National Coalition for Tobacco and Alcohol Control - The curious case of regulating hemp in Lithuania

Nijole Gostautaite Midttun's presentation is about the regulation of Lithuanian hemp. It is interesting because the Lithuanian Tobacco and Alcohol Control Coalition views it as a way to circumvent regulations related to cannabis prohibition or legalization. Nijole has issued statements and even complained to the European Union about the situation.

Currently, there are discussions in Lithuania about the decriminalization of cannabis possession for personal use. It is not currently criminal to use cannabis, but possession can result in criminal charges. Before 2013, there was no law on hemp in Lithuania. Hemp is traditionally an agricultural plant used for various purposes, including yarn and animal fodder. It was criminalized during Soviet times.

Nijole stated that there have been many efforts to revitalize the use of hemp in Lithuania due to its traditional status and perceived health benefits. It was not until 2013 that the law on hemp was passed, regulating the planting, testing, and usage of the plant.

Since the law was enacted, the number of hemp plantations in Lithuania has rapidly increased, reaching over 9,000 hectares in 2019, which is approximately 18% of all hemp plantations in the European Union at the time. Nijole also mentioned that international companies, such as Aurora Cannabis, have invested in hemp processing in Lithuania. Cannabis processing, or hemp processing, is a complex industry in the country as the plant is referred to as hemp in Lithuanian rather than cannabis.

Nijole mentioned that although some plants may be similar, the legal status and foreign investment in hemp in Lithuania has changed rapidly since the plant was legalized. Small changes to the law have been made since 2013, allowing for the growth of additional varieties and purposes for the plant. There have also been exemptions made for certain types of hemp and permission granted for the growth of experimental varieties. However, there has been debate and back and forth between different committees and amendments proposed, but these have not been particularly liberalizing.

In 2020, there was a significant push to pass a law in Lithuania that allowed for the production of drugs from hemp, a plant typically grown for agricultural purposes. The law included a provision for intermediary products produced during the process of turning hemp into a final product, which could contain unlimited amounts of THC.

This led to controversy and complaints, with advocacy on both sides. Despite this, the law was passed and sent to the European Commission for review through the notification process. Lithuania received a response to this process from the European Commission and Italy, with instructions to change certain terms and definitions, comply with EU regulations and THC levels, and make other adjustments.

Nijole explained that a status quo period was imposed in Lithuania until November 9th, 2020, during which time the government was required to provide detailed answers and potentially make changes to the controversial law allowing for the production of drugs from hemp. Despite this, the Lithuanian Parliament chose not to respond to the questions and concerns raised by the European Commission and Italy.

This led to a complaint being filed by the Lithuanian Tobacco and Alcohol Control Coalition, an NGO, with the European Commission. The complaint highlighted that the final version of the law allows for the production of intermediary hemp products with unlimited amounts of THC, which exceeds the regulatory limit of 0.2 in raw materials and can be stored in hemp production facilities. The European Commission responded, stating that upon careful analysis of the law, it was determined that the intention of the law was not to liberalize the use of cannabis.

She noted that the European Commission responded to the notification process for the controversial law on hemp production in Lithuania from the Director General for Migration and Home Affairs, Internal Security, Organized Crime, and Drugs. The response indicated that the allowable THC level in final products should not exceed 0.2, a requirement that was not previously understood by Lithuanian authorities.

Nijole also mentioned that the letters from the European Commission regarding the notification process for the law should be publicly available, but have not been found in the public database. Despite this, it appears that the law was considered to be properly notified by the European Commission, but there has been no indication of any further action taken according to proper procedure. Nijole also mentioned that even parliament members responsible for the notification process were unaware that the law had been fully notified.

The notification process for the controversial law on hemp production in Lithuania has not been completed, even though the law has been in effect for over half a year. The regulatory authorities in the country have not received any communication regarding the law, and the current version of the law includes an Article 6 that allows for the production of intermediary products with THC levels exceeding the permitted limit of 0.2%, as long as special permission is obtained. Nijole also mentioned that the presentation on the subject was temporarily frozen, but has since resumed.

In Lithuania, it is possible to obtain a permit from regulatory authorities to produce THC extracts and hold them as intermediary products, as long as a fee is paid. The law outlines rules for how these intermediary products should be accounted for, stored, checked, and eventually destroyed or handled as waste. This has raised concerns because the notification process for the law was not completed and the European Commission has not properly responded to the issue. Despite this, Lithuania is currently the only country with a significant amount of hemp production that enables to use hemp in this way.

In Lithuania, the law allows for the production of high levels of THC extracts, raising concerns that it will be used by international companies to turn the country into a hub for THC production and potentially bypass laws in other countries. The promised economic innovations, such as using hemp to fight climate change and build infrastructure, have not come to fruition. Instead, products such as CBD hash and hemp flowers for smoking have emerged, with little evidence that they actually originated in Lithuania.

There are also concerns that the law is being used as a cover for the production of illegal cannabis products, as it is unlikely that hemp with high levels of THC could be grown in Lithuania due to a lack of sunlight. Nijole stated that it is not warm enough in Lithuania for cannabis to be grown there, so any cannabis that is present is likely to have been imported.

Currently, the law in Lithuania allows for the experimentation with unlisted varieties of hemp, and it is possible to grow up to 20 plants for testing purposes. However, Nijole pointed out that there are weak control institutions in place and a lack of coordination among the various institutions responsible for regulating hemp. She also mentioned that the regulation of hemp creates the illusion of control and is motivated by economic considerations, as there are supposedly large factories using hemp from local farms. However, Nijole said that the evidence for this is still unclear.

There are several non-governmental organizations (NGOs) involved, including those from the industry that are actively pushing for this. These NGOs also have partnerships with Canadians. This is a significant business venture. By coincidence, the hemp business in question is deeply rooted in an area with a history of organized crime, specifically in Lithuania and with connections to Scandinavia in the amphetamine trade and other illegal drugs in terms of both production and distribution.

Despite this, the issue at hand is supposedly unrelated to the decriminalization of drugs and is instead an agricultural law. However, it is believed that this law could potentially allow for the bypassing of regulations in Europe and Lithuania. It is unclear how to proceed with this as the European Commission's organized crime unit has stated that there has been a misunderstanding and that everything is fine.

Takeaway points:

• There are discussions in Lithuania about the decriminalization of cannabis possession for personal use.

• Before 2013, there was no law on hemp in Lithuania.

• The number of hemp plantations in Lithuania has rapidly increased since the law was passed in 2013.

• International companies have invested in hemp processing in Lithuania.

• Small changes to the law have been made since 2013, allowing for the growth of additional varieties and purposes for the plant.

• In 2020, a law was passed in Lithuania allowing for the production of drugs from hemp, which led to controversy and a complaint being filed with the European Commission.

• The European Commission responded to the notification process for the controversial law on hemp production in Lithuania, stating that the intention of the law was not to liberalize the use of cannabis.

• The Lithuanian Tobacco and Alcohol Control Coalition has filed a complaint with the European Court of Justice regarding the law.

​

Peter Moilanen, Narkotikapolitiskt Center, host of the meeting - German cannabis legalization update

Peter Moilanen discussed the situation in Germany concerning the legalization of cannabis on a commercial basis. The German government is in favour of this, but the opposition includes doctors, pharma sceptics, and the Christian Democrats. The minority in the government is pro-legalization, and an agreement was made between the three parties in the coalition to propose the legalization. However, the social democrats were against it. The current question is whether the proposal will go through the notification process.

Peter and Staffan Hübinette, together with colleagues in Brussels, visited parliamentary members in Brussels and learned that the proposal might violate EU law and the EU treaty. As a result, the German government is travelling to Brussels to argue for the notification of the proposal. The Christian Democrats are also travelling to Brussels to argue against the notification because they believe it is not good for Europe or Germany.

Peter stated that the process for the proposal has not yet been seen and it is not known when it will be presented to the commission. It is speculated that there are private discussions occurring with the commission, possibly because Germany is a significant country in the European Union and has a large economy. It has been noted that Luxembourg previously proposed the commercial legalization of cannabis, but only allowed for homegrown cannabis.

Staffan added that there is currently an alliance of five countries, including Germany, Luxembourg, Malta, the Netherlands, and the Czech Republic, who are coordinating their efforts in Brussels to legalize cannabis. It is important to pay attention to the notification process in Germany, as the commission will have three months to respond once the notification is received. It is crucial to be aware of what other countries say in this process.

Peter noted that Sweden would be chairing the European Union in the spring and there will be a conference on drug policy in May. However, the notification process and response from the European Commission will likely occur before then. It is important to pay attention to this issue and inform governments about it in a short period of time after the holiday season.

Peter and Stefan also discussed the importance of providing opinions during the notification process, which can take several months. It is important for countries to find out who in the government will be responsible for providing opinions and make sure that an opinion is provided. In the case of Lithuania, there were no opinions provided except for Italy. Peter noted that it is unusual for a law not to receive any responses, particularly when Parliamentarians and regulatory institutions have written letters opposing the notification.

Peter emphasized the importance of obtaining opinions during the notification process. If the majority of the opinions are negative, it will be difficult for the notification to be approved. Peter suggested building a coalition and learning about the process in one's own country.

Takeaway points:

• The German government is in favour of legalizing cannabis on a commercial basis, but there is opposition from doctors, pharma sceptics, and the Christian Democrats.

• The minority in the government supports legalization and an agreement was made between the three parties in the coalition to propose it, but the social democrats are against it.

• The proposal may violate EU law and the EU treaty, and the German government is travelling to Brussels to argue for its notification.

• There is currently an alliance of five countries working to legalize cannabis in Brussels, including Germany, Luxembourg, Malta, the Netherlands, and the Czech Republic.

• It is important to pay attention to the notification process in Germany and provide opinions, as the commission will have three months to respond. It is also crucial to be aware of what other countries say in the process and build a coalition.