Medical cannabis is taking over Europe, as well as efforts to decriminalize cannabis in numerous countries and at local levels. In a pattern similar to what took place in the U.S., European nations are legalizing cannabis for medical or recreational purposes in a patchwork of new laws.

According to a May 16 press release from Victoria, Australia-based Biortica Agrimed, 21 out of 27 member states of the European Union (EU) legalized medical cannabis.

“The EU situation with respect to legalisation can best be described as fluid, but evolving positively,“ said Tom Varga, CEO of Biortica Agrimed. Biortica Agrimed is a vertically-integrated B2B company  preparing to list on the Australian Securities Exchange with an IPO.

The 27 EU countries are Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

Out of those, 21 countries—Austria, Belgium, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovenia, and Spain—implemented laws to allow for the medical use of cannabis.

Out of those countries, the potential market in Germany is among the most exciting and where investors are circling the most at the current moment.

“Whilst EU law prohibits the commercial sale of cannabis, many countries are taking a more mature approach, and legalising, initially medicinal, and ultimately personal use, with Germany in the lead. 21 out of the 27 EU member states have legalised use of medicinal cannabis,” he said, “and 13 countries have either legalised or decriminalised its personal use.”

Countries like Spain have decriminalized cannabis, while Georgia, Germany, Luxembourg, and Malta have taken steps to legalize adult-use. Countries like Portugal have gone even further by decriminalizing all drugs. Dozens more cities in the EU decriminalized cannabis at the city level.

Part of the purpose of Biortica Agrimed’s report is to support the argument that it’s due time Australia takes note of the potential Down Under. Australia legalized medical marijuana in 2016. According to Therapeutic Goods Administration (TGA) data, the number of patient approvals for medical cannabis increased sharply. In Australia, doctors can prescribe medicinal cannabis with the approval from the TGA and the relevant State or Territory’s Health Department.

“The EU comprises world class nations, and Australia should take any learnings that we can from the EU.” he said, “We have the benefit, and indeed the privilege, to view how legislative frameworks have been built over-seas, what’s worked and working, and what the Australian industry and legislators should avoid. Australia really can do better.”

“We look forward to continuing to share our global industry research with the Australian industry, our legislators and regulators, to build an industry that we can all be proud of, an industry that puts patient care, safety and outcomes to the fore, ” said Varga.

Cannabis Prevalence in Europe

Cannabis remains the most popular substance used in Europe according to the most recent counts by European data monitors.

The European Monitoring Centre for Drugs and Drug Addiction’s (EMCDDA) report, entitled “Cannabis—the current situation in Europe (European Drug Report 2023),” describes cannabis as “by far the most commonly consumed illicit drug in Europe.”

The report cites national surveys which show that 8% of European adults (out of approximately 22.6 million people between 15 and 64 years of age) have used cannabis within the last year. An estimated 1.3% of adults (approximately 3.7 million people) are described as “daily” or “almost daily” consumers.

With the popularity of cannabis continuing to grow, the report notes that this often leads to consumer “problems.” “There remains, however, a need to understand better the kinds of problems experienced by cannabis users, as well as the referral pathways and treatment options available for those with cannabis-related problems,” the report stated.

Germany’s legislation to legalize cannabis took effect on April 1. German lawmakers gave final approval to a recreational weed legalization plan known as CanG recently, making the country the largest in Europe to take the step.

In the German capital of Berlin, cannabis smokers gathered at the iconic Brandenberg Gate to smoke weed and celebrate their new freedoms. Other events were held throughout Europe’s most populous country, including one in front of the Cologne cathedral and others in the cities of Hamburg, Regensburg, and Dortmund.

The patchwork of laws unfolding in the EU show how medical and adult-use cannabis are popular on a global scale, and what Australia could learn from European countries.

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The first museum of cannabis has just opened in Croatia’s capital of Zagreb. 

The goal? To educate the public about cannabis. 

The new museum offers an experiential guide through the history of cannabis along with cultural exhibits that include everything from cannabis-themed music to movies.

Themed museums are nothing new to Zagreb, which offers “museums” on topics from hangovers, broken relationships, and the 1980s. However, this experience promises to be a little different, just because cannabis reform is a zeitgeisty, if not universal, issue.

Visitors will be guided through two floors of cannahistory, including the plant’s use for the past 10,000 years as well as educational topics like the use of medical cannabis and the wide utility of hemp. However, the museum also focuses on the topic of recreational use—along with warnings about the potential health hazards of use.

Where is Legalization in Croatia?

In Croatia, like other European countries, hemp is legal; medical use is allowed in very limited cases and small amounts of possession of high THC are decriminalized but can lead to fines ranging from about $700 to $3,000. Growing and selling, however, are harshly punished with a minimum three-year jail sentence. 

For most people who care about these issues, this status quo is far from enough. The limited legalization reform for medical use happened in October 2015 after an MS patient was caught growing his own to try to keep his symptoms in check. Cannabis for medical use is a good step, however, in Croatia as well as elsewhere, this still leaves patients in danger of being criminalized, particularly if their doctors refuse to prescribe the drug.

In February 2020 the Croatian Democratic Union (HDZ) tried to introduce a bill into Parliament to fully legalize the plant, but this failed for a variety of reasons, including ongoing conservative opposition and, of course, COVID. 

The Great Cannabis Stall

Many countries in Europe who have legalized medical use are realizing that the current status quo on cannabis is far from enough. The people who pay the biggest price for the slow pace of reform are patients, who tend to have larger quantities of the drug at hand when caught—or are so desperate to control their condition that they resort to the more dangerous practice of growing for self-use when they cannot access the medical system (for one reason or another).

This is certainly true in places like Germany, Europe’s largest medical market, where 40% of cannabis applications to health insurers — which means patients are referred by doctors — are turned down (and for increasingly specious reasons, such as quoting old or outdated medical studies). In such cases, patients often have no recourse but to try to sue their health insurers and source the cannabis from other places including home cultivation. This is also very dangerous. Chronically ill palliative patients do not suddenly stop being sick.

Unlike Croatia, German politicians have now promised to pass recreational reform legislation sometime in the next year or so, but this has been pushed to a back burner. Germany already has a cannabis museum in Berlin.

Why is Cannabis Reform Different in Europe?

There are several reasons that cannabis reform is on a much slower trajectory within the EU. Unlike Canada, the states within the United States and Mexico, both sovereign and EU courts have been reluctant to rule on constitutional rights to possess and grow cannabis. The issue has been diluted by the attempt to shift the conversation into a mostly medical track — although CBD reform has gradually begun to take hold. 

However, there is another reason which is now front and center: Governments who legalize recreational use want a fully legit, taxable, and accountable industry. While there is nothing wrong with this, and it is a sensible way to ensure consumer health, the approach so far has been to deny patients the right to grow their own in circumstances where health insurers refuse to cover the costs. Patients with severe illnesses are usually also the most economically vulnerable, and of course, will also not be able to participate economically in the coming recreational reform — just because they cannot afford to buy licenses.

Beyond this, tragically, even as a stop-gap measure, the idea of nonprofit patient caregiver collectives has also been a non-issue in the EU (unlike the American hemisphere).

Education, like museums, public campaigns, and social media along with efforts like Croatia’s new cannabis museum remain very important. But it is also increasingly obvious that they are not enough. A major shift in the education of lawmakers and politicians, as well as doctors and other authorities, needs to become mainstream.

The time of demonizing the plant and those who use it is overdue to come to an end. Prohibition itself is a museum piece. The time to make it that way everywhere is now.

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