LATEST ALERTS
Brazil: Yesterday, 21st March, the Superior Court of Justice published the decision that it falls within the court’s jurisdiction to decide whether hemp can be cultivated for medical, pharmaceutical and industrial purposes. This is in order to avoid different decisions on the same matter. All lawsuits related to hemp cultivation will be suspended, and the court’s decision, which could take at least a year to be made, will be binding.
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21st March 2023 - Canada, North America |
Canada: Health Canada has updated the fees laid out in the Cannabis Fees Order, following the 2022 Consumer Price Index of 6.8%. The new rates will apply from 1st April.
US - Kentucky: House Bill 544 has been delivered to the governor for approval after being passed by the Senate. It would set guidelines for the regulation of hemp-derived delta-8 THC products, including banning their sale of delta-8 to under-21s. It also set new retail, labelling and testing requirements, and would direct the state Cabinet for Health and Family Services to establish administrative regulations for the production and sale of delta-8 products by 1st August.
US - Oklahoma: House Bill 2095 has passed the House and now heads to the Senate. It would broaden the remit of the Oklahoma Medical Marijuana Authority and other state agencies through monetary and disciplinary provisions, such as authorising unannounced site inspections. The bill also lays down penalties for unlawful acts, such as the permanent revocation of medical cannabis business licences for non-payment of taxes.
Spain: A proposal for hemp regulation put forward by the left-wing Podemos party, along with the Catalan ERC and the Basque party Bildu, will be discussed tomorrow by the Chamber of Deputies Agriculture Committee, press reports. It aims to give legal clarity on the production, marketing and consumption of products derived from industrial hemp containing less than 1% THC. The proposal is not a bill but a request to the government to take action and introduce a bill on the subject. There is currently no specific regulation in Spain on hemp-derived or CBD products – indeed, the official interpretation is that CBD products cannot generally be sold. The parties behind the hemp proposal have also asked the Spanish Agency of Medicines and Medical Products (AEMPS) to change this interpretation in line with the Court of Justice of the EU’s ruling in the Kanavape case.
Belgium: The Federal Public Service for Health, Food Chain Safety and Environment has updated its positive list of notified herbal products for smoking, which includes hemp flowers and other smokable cannabinoid products. Products not on the list may not be placed on the Belgian market without going through the notification process.
Bulgaria: The Ministry of Agriculture has opened for public consultation a draft ordinance to change the conditions for obtaining a permit to grow industrial cannabis. It includes raising the THC limit from 0.2% to 0.3% and altering the application documents. The consultation is open until 18th April.
Germany: Last week the Health Committee of the Bundestag held a public hearing with experts about the decriminalisation of cannabis. Cannabis associations, lawyers and professors spoke in favour of decriminalising cannabis, but preferably as a transition towards a comprehensive regulatory framework. An amendment to the Narcotics Act to decriminalise cannabis, proposed by the opposition Left Party (Die Linke), is currently being considered by the Bundestag.
20th March 2023 - Afghanistan, Asia |
Afghanistan: On 18th March the supreme leader of Afghanistan, Hibatullah Akhundzada, issued Decree No. 510/2023, which banned the cultivation of hemp, with violators being punished according to Sharia rules. Cannabis is one of the most produced crops by farmers across the country, with between 10,000 and 24,000 ha grown every year, making Afghanistan its top supplier, press reports.
20th March 2023 - North America, United States |
US - Federal: Two bipartisan bills were reintroduced in the House to establish a regulatory framework for CBD and other hemp-derived products on the federal level. The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023 would make hemp, CBD derived from hemp, and other hemp-derived products lawful for use as a dietary supplement if they meet other requirements under the Federal Food, Drug, and Cosmetic Act. The CBD Product Safety and Standardization Act would direct the Food and Drug Administration (FDA) to regulate CBD as a food ingredient and set requirements for quality and labelling, among other things. The same bills were introduced during the last session of Congress but did not advance.
US - Maryland: Senate Bill (SB) 508 has passed the Senate and now heads to the House. SB 508 would update the definitions of "hemp" and "hemp product”, authorising producers to produce and sell consumable hemp products if the product is tested by an independent laboratory. This is to ensure that the product meets the applicable safety standards and that the THC concentration does not exceed more than 0.5 mg of THC per serving or 2.5 mg of THC per package.
US - Kentucky: Senate Bill (SB) 47 has passed the Senate and now heads to the House. SB 47 would establish a medical cannabis programme for qualified patients with authorisation from their physician, specifying that smoking and home cultivation would remain prohibited. The bill would legalise the use and possession of medical cannabis to treat people with certain medical conditions such as cancer, severe pain, epilepsy, multiple sclerosis, muscle spasms or spasticity, chronic nausea or cyclical vomiting, PTSD or any other medical condition or disease which the Kentucky Center for Cannabis deems appropriate.
20th March 2023 - Europe, Luxembourg |
Luxembourg: The Luxembourg Council of State, which provides opinions on all legislative bills and draft regulations, issued its opinion last week on the government's proposal to decriminalise the possession of small amounts of cannabis and the home cultivation of up to four cannabis plants for personal consumption. The opinion concludes that while the government's proposal would not violate EU law, it could open itself to criticism under international law: "In conclusion, and while acknowledging that the doctrine is not unanimous on the matter, the Council of State considers that, by proceeding in this way, the authors of the bill risk exposing themselves to criticism, at international level in particular, of a possible non-conformity of the legislation envisaged with international law. At the same time, the agreements in question do not provide for any sanction to this effect."
Malaysia: Prime minister Anwar Ibrahim said yesterday that legalisation of medicinal cannabis needs to be looked into very carefully, as its control could prove very difficult, press reports. Concerned about the increasing number of young drug addicts, the prime minister said that he is open to discussion and to looking into the implications of legalising medicinal cannabis, and then they can decide whether to legalise some areas, completely allow it or leave it as it currently is.
20th March 2023 - Europe |
EU: EU environment ministers, particularly from Italy and Belgium, want more flexibility in implementing the Packaging and Packaging Waste Regulation, proposed by the European Commission in November last year, media reports. The regulation seeks to boost waste prevention and recycling by introducing new targets on reuse and mandatory deposit return schemes for used packaging, potentially affecting packaging requirements for cannabis and hemp-derived products. During a debate held in the Environment Council last week, ministers from several EU countries disagreed with the choice of a regulation that would be directly applicable, instead preferring a directive that would allow more flexibility for implementation. The European Commission defended its proposal, specifying that the previous directive has failed to reduce waste. The aim of the debate was to provide political guidance, and we expect further debate before the Council reaches an agreement.
17th March 2023 - Europe, United Kingdom |
UK: In yesterday's debate, MP Ronnie Cowan suggested the government should encourage local farmers to grow hemp and facilitate cultivation licensing. "A £60 million investment would create a facility that is capable of growing 32,000 acres of hemp per year, which would sequester more than 207,000 tonnes of CO2 per annum," said Cowan.
US - Arkansas: Senate Bill (SB) 358 has passed the Senate and now moves to the House. SB 358 would prohibit the production and sale of any intoxicating substances derived from industrial hemp, specifically including products “produced as a result of a chemical process that converted the industrial hemp or a substance contained in the industrial hemp into Delta-8, 19 Delta-9, Delta-6a, 10a, or Delta-10 THC… and any other psychoactive substance derived therein”.
US - New Hampshire: House Bill (HB) 360 has passed the House and now heads to the Senate. HB 360 would legalise the possession and use of cannabis by adults (21+) by removing cannabis from the state’s controlled substances list and changing several provisions that refer to criminal penalties for cannabis-related offences. However, no regulatory framework for commercial sales of cannabis would be established by the bill.
US - Utah: Senate Bill (SB) 137 has been signed into law by the governor. SB 137 modifies the state's medical cannabis laws in several ways, including requiring terpene testing and disclosure of terpene profiles for certain products and extending the expiry date of initial issuances of medical cannabis cards from six months to one year, unless the practitioner recommends a shorter period.
US - Utah: House Bill (HB) 72 has been signed into law by the governor. HB 72 makes various amendments to the state's medical cannabis programme, such as allowing for delivery of medical cannabis products directly from licensed processors under certain conditions and shifting regulation of pharmacies to the Department of Agriculture and Food. The bill also creates a Medical Cannabis Policy Advisory Board.
US - Utah: Senate Bill (SB) 91, has been signed into law by the governor. SB 91 changes the state’s medical cannabis laws in various ways, including removing a cap on the number of licences for testing laboratories, modifying and adding labelling requirements, and requiring heavy metal testing for vape cartridges.
Thailand: Anutin Charnvirakul, leader of the Bhumjaithai Party and cannabis legalisation in Thailand, said that he expects his party to win 70 seats in the House of Representatives in the upcoming May election and that passage of a bill to regulate cannabis will be a condition to his party joining a coalition in the next government, press reports. The Bhumjaithai Party currently holds 59 out of 500 seats in the House and is part of the governing coalition. Charnvirakul's comments come amid vows by some opposition party leaders to repeal the descheduling of cannabis that took effect in June and comments by politicians within his own coalition to eliminate access to cannabis for non-medical purposes.
Germany: The Federal Joint Committee, which is responsible for determining which medical treatments are covered by statutory health insurance, has decided on new regulations for medical cannabis. Among other things, the regulations stipulate that only the initial prescription of cannabis and a fundamental change in therapy require the approval of health insurance companies, and that the companies can refuse initial approval only in justified exceptional cases. The text of the decision will be released soon, and if there is no objection from the Ministry of Health, it will be published in the Federal Gazette.
US - Georgia: The Georgia Supreme Court dismissed a lawsuit brought by retailers of intoxicating hemp-derived cannabinoid (IHDC) products – namely, products containing delta-8 and delta-10 THC – against the state and a district attorney to stop them from raiding retail stores and bringing criminal charges for possession and sale of those products. A lower court had granted the retailers an injunction that prevented the state and district attorney from taking such action, but the Supreme Court overturned that decision on procedural grounds dealing with sovereign immunity. Therefore, although the suit was dismissed, the Supreme Court’s ruling did not address the legality of IHDC products in the state and so did not establish any precedent on the issue.
Romania: A bill on medical cannabis is being debated by the Health Commission of the Chamber of Deputies. The bill was introduced in 2019 and approved by the Senate, but it has not yet been adopted by the Chamber of Deputies. The chances of its being passed are good, given that all major political parties have expressed their intention of voting in favour of the bill, press reports. It would establish the legal framework for cannabis, cannabis derivatives and preparations used for medical purposes. It would also regulate the cultivation, processing, distribution and control of medical cannabis.
15th March 2023 - Chile, South America |
Germany: Health minister Karl Lauterbach has said a bill to legalise cannabis will be announced in the next few weeks after he received “very good feedback” on the plan from the European Commission, press reports. “We will soon present a proposal that works – that is, that conforms to European law,” Lauterbach said.
14th March 2023 - Chile, South America |
Chile: The Chamber of Deputies yesterday approved a report by an inter-house committee that seeks to allow home growing of cannabis for medicinal purposes provided the patient has a doctor’s prescription. The committee, made up of members of both the Senate and the Chamber of Deputies, was set up to agree a common position on a bill already in the legislative process.
13th March 2023 - Mexico, North America |
Mexico: The Federal Commission for Protection Against Public Health Risks (Cofepris) has filed a complaint and disagreement with a court seeking to reverse a court order that required it to issue an injunction (amparo) to allow Xebra Brands to cultivate, produce, and commercialise hemp in Mexico. Cofepris said it views the court order as a "serious risk to health". "The health authority emphasizes that it complied with its obligations as a public institution, abiding by judicial provisions in the face of threats of fines and dismissal of public servants, but that it does not have enough information to determine that this product is safe for the purposes that the multinational company intends to use it," Cofepris said.
Germany: Following last week's publication of the International Narcotics Control Board (INCB)'s 2022 Annual Report, which states that "legalization of the non-medical use of cannabis is inconsistent with the obligations contained in the 1961 Single Convention on Narcotic Drugs", the Bavarian minister of health, Klaus Holetschek – from the opposition party Christian Social Union (CSU) – said that "the UN Drug Control Council has confirmed what we have been warning about for a long time: legalizing cannabis for consumption purposes, as the German government is planning, would not dry up the black market and would also increase consumption among young people". He called on the German government to acknowledge that it is on the "wrong track".
US – West Virginia: Senate Bill (SB) 546 has passed the House and now heads to the governor’s desk for final approval. SB 546 would add delta-8 and delta-10 THC, THCO, and “synthetic and non-naturally occurring cannabinoids” as Schedule I substances, but would exempt any substance or product that is lawfully produced under the state’s hemp law.
US - Virginia: Senate Bill (SB) 1108 has been passed by both chambers and now heads to the governor’s desk for final approval. SB 1108 would revise the prohibited practices regarding the sale of kratom – a herbal substance that can produce opioid- and stimulant-like effects – including requiring manufacturers to add labels to their products and ban the sale of kratom to anyone under the age of 21.
US - West Virginia: Senate Bill (SB) 220 has been concurred by both chambers and heads to the governor’s desk for final approval. SB 220, called the Industrial Hemp Development Act, would regulate the sale of hemp products that contain “naturally occurring non-synthetic, and unadulterated substances”, specifically including cannabinoids such as delta-8 THC, HHC, and THCV. The bill would further regulate hemp products by imposing labelling requirements, banning sales to under-21s, and imposing a 15% sales tax on retail sales, among other things.
US - Delaware: House Bill (HB) 2 has passed the House and now heads to the Senate. HB 2, as a companion measure for HB 1, would set up a framework to regulate the growth, commercial sales and possession of adult-use cannabis.
US - Maryland: House Bill (HB) 556 has passed the House and now heads to the Senate. HB 556 would create a legal framework and tax structure to enable adult-use cannabis to be sold in stores as soon as 1st July. Among other provisions, the bill would also enable existing medical cannabis dispensaries to have dual licences to sell recreational cannabis.
Morocco: The National Agency for the Regulation of Cannabis Activities (Anrac) has called for tenders to develop a medium- and long-term strategic plan for the cannabis sector, press reports. This will include a detailed analysis of the development of the legal cannabis sector at the national level, a detailed market analysis of the international medical and industrial cannabis sector, and a detailed strategic plan for the development of the legal framework of the cannabis sector on a national level.
Germany: On 15th March the German Bundestag Health Committee will hold a public hearing on a bill for the decriminalisation of cannabis, introduced by the opposition party Die Linke. The bill allows the possession of up to 30 g of cannabis and the cultivation of up to three female cannabis plants for personal use. Associations and experts will participate in the hearing.
Malta: The Responsible Use of Cannabis (Licensing of Organisations) Regulations, 2023 were published in the Official Gazette on 10th March. The regulations further develop the provisions to set up cannabis harm-reduction associations (nonprofit organisations that will be allowed to grow cannabis and distribute it to their members), legally underpinning all the guidelines that have been issued by the Authority for the Responsible Use of Cannabis.
13th March 2023 - Europe |
EU: The Council Decision on the position to be taken by member states on behalf of the EU at the 66th session of the UN Commission on Narcotic Drugs – taking place in Vienna from 13th to 17th March 2023 – has been published today in the Official Journal. The position to be taken by member states is to vote in favour of adding ADB-BUTINACA, a synthetic cannabinoid, in Schedule II of the Convention on Psychotropic Substances.
10th March 2023 - World |
Global: The International Narcotics Control Board (INCB), the monitoring body for the implementation of the United Nations international drug control conventions, has released its Annual Report for 2022, focusing this year on the "trend to legalize the non-medical use of cannabis" internationally. The Board considers that "legalization of the non-medical use of cannabis is inconsistent with the obligations contained in the 1961 Single Convention on Narcotic Drugs", and that "in general terms, one can ascertain that the legalizing jurisdictions did not reach the goals they had pursued through legalization", such as increased consumption rates, the criminalisation of people who use drugs and the growing illicit market.
US - Virginia: Senate Bill (SB) 903 has been passed with the Senate's approval of the House amendments and now heads to the governor’s desk. SB 903 would amend the state's hemp laws in several ways, including adding all THC isomers in its THC calculation for hemp, and adding testing, labelling and packaging requirements for hemp products.
US - Kentucky: House Bill (HB) 544 has passed the House and now moves to the Senate. HB 544 would set guidelines for the regulation of hemp-derived delta-8 THC products, including banning the sale of delta-8 products to anyone younger than 21. The bill would also require new selling, labelling and testing requirements, and would direct the state Cabinet for Health and Family Services to establish administrative regulations for the production and sale of delta-8 products by 1st August 2023.
Turkey: The Agriculture, Forestry and Rural Affairs Committee of the Grand National Assembly of Turkey voted in favour of Bill No. 2/4972. The bill stipulates that hemp cultivation will be subject to the approval of Ministry of Agriculture and the Grain Board, with the Grain Board approving varieties, seeds and strains while the harvest, processing, distribution, export or sale of hemp will be subject to a licence from the Ministry of Agriculture. Originally the licence only required the approval of the Ministry of Agriculture.
Morocco: The first licence to import cannabis seeds was issued this week to a local cooperative in Chefchaouen, press reports. Importing seeds to Morocco currently requires a licence from the National Office of Food Safety (ONSSA) and the National Agency for the Regulation of Cannabis Activities (Anrac).
US - Mississippi: House Bill (HB) 1158 has passed the Senate and now heads to the governor’s desk. HB 1158 would modify the state’s medical cannabis laws in various ways, including expressly excluding hemp from medical cannabis requirements, allowing dispensaries to sell topical cannabis products to adults (21+) without medical cannabis cards, and preventing regulations from prohibiting the “display on dispensary websites of pictures of products that the dispensary sells”.
US - Hawaii: Senate Bill (SB) 516 has passed the Senate and now moves to the House. HB 516 would require that the identity statement used for the labelling or advertising of hemp products specifically identifies the percentage of Hawaii-grown hemp and hemp of other origins contained in any hemp products.
US - Hawaii: Senate Bill (SB) 655 has passed the Senate and now moves to the House. HB 655 would allow the Department of Agriculture to align state hemp production administrative rules with federal law, with regard to exemptions for fibre, fuel, and seed grain hemp crops.
US - Washington: Senate Bill (SB) 5546 has passed the Senate and now moves to the House. SB 5546 would establish a Washington State Cannabis Commission. If created, the commission would manage programmes, fund research, advise on packaging and labelling requirements, conduct education programmes, improve conditions to favour investments in the state’s cannabis industry, establish universal grading and preparations of cannabis for the market, and work to ensure the state has a steady supply of cannabis.
US - South Dakota: Senate Bill (SB) 1 has been concurred by both chambers and now heads to the governor’s desk. SB 1 would add eight specific qualifying conditions for medical cannabis: cancer, epilepsy, MS, ALS, PTSD, Crohn’s disease, AIDS, and HIV. The bill would also remove the process for citizens to petition to add qualifying conditions and allow the Legislature to determine which ailments or disorders qualify for medical cannabis treatment.
US - New Mexico: House Bill (HB) 313 has passed the House and now moves to the Senate. HB 313, among other provisions, would create a new cannabis nursery licence, change the plant count limit for micro-businesses and make it unlawful to synthesise any tetrahydrocannabinol without prior approval.
