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 Irish government has delayed on discussing a bill that would legalize cannabis possession for nine months.

A report submitted by the Citizens’ Assembly on Drugs Use completed its review of Ireland’s current drug policies in October 2023, and released a final report on Jan. 25, which includes 36 recommendations for prioritizing marginalized groups and communities, focusing on prevention and recovery, and more.

On Jan. 24, 2024, one day prior to the release of the report, Taoiseach (TD) Leo Varadkar (who holds a position similar to that of a prime minister) attended a Dáil Éireann parliament hearing and joined legislators in discussing the path forward.

“The chairperson of the Citizens’ Assembly stated there is no time to waste. No time to waste, taoiseach. If it saves one life, literally one person, if that can save one life, then it’s worth changing course in relation to criminalizing people,” said Gino Kelly, a TD for the People Before Profit political party, said in the hearing on Jan. 24. “So my question is: will the government take the recommendations—and now [not only] take the recommendations in relation to policy? But the key thing in relation to that report was legislative change. We have [had] the misuse of drugs act since [the] 1970s, criminalizing people, sending people into the criminal justice system, sending people to the courts, jailing people…It doesn’t work, taoiseach.”

Kelly continued that the country’s prohibition has “stigmatized, marginalized and criminalized not only individuals, but communities across the country.” He added that if the government decided to accept the commission’s report, that “we can change the course, and we can actually save lives and take people out of the criminal justice system.”

Varadkar responded, stating that decriminalization should come with other policies as well, and that multiple committees should help manage cannabis reform. “We shouldn’t just try to copy models in other countries,” he added.

On Jan. 30, Varadkar proposed to delay the cannabis bill vote by nine months, which would halt progress until at least October. He also called for the creation of a special committee. “One of the things the special committee will have to tease out is what does decriminalization really mean in a legal context—under an Irish context?” said Varadkar. “Does that mean that’s not an offense at all? Doesn’t [that] mean that it’s not an indictable offense? Does [it] mean that it’s an offense without a penalty? Is there something like penalty points? Or does it actually mean that, up to a certain amount of each particular substance, that would not be illegal?”

“In my view, drug use and misuse by individuals should be seen primarily as a public health issue and not a criminal justice matter,” Varadkar continued. “I certainly think that shaming people and blaming people and criminalizing people isn’t an effective policy.”

Other legislators in support of ending prohibition and moving Ireland forward in drug reform are disappointed in the delay. “The government has announced they will try to delay our Bill to decriminalize possession of small amounts of cannabis by nine months,” said TD Paul Murphy on X. “That is simply an attempt to kick the can down the road. They talk about a health led approach to drugs. Now it’s time to walk the walk.

On Jan. 31, the government approved the nine-month delay. “Passing this bill today would have allowed it to go to the committee stage where we could have had this conversation and actually started taking meaningful first steps towards realizing the recommendations of the citizens assembly,” Kelly said on X. “Instead the government chose to do nothing.”

The bill was introduced in November 2022 by Kenny, Murphy, Mick Barry, Brid Smith, and Richard Boyd Barret. On an illustrated line of progress on the Ireland bill page, the Misuse of Drugs (Cannabis Regulation) Bill 2022 is only on step 2 of 11. Next it must be discussed by legislators to reach the Committee Stage, Report Stage, and Final Stage in Dáil Éireann parliament, which must also be discussed in the upper house, called the Seanad Éireann, as well.

The Citizens’ Assembly on Drugs Use is made up of 100 people in total—99 general public representatives and one independent chairperson—who are selected at random. In 2023, the assembly spent five previous meetings listening to both experts and first-hand accounts from people suffering from addiction. In October 2023, the assembly voted on recommendations to send to legislators—39 chose to vote for approaching drug policy from a public health standpoint, while 38 voted to implement legalization and regulation of cannabis. Had the latter received one more vote, the assembly would have instead recommended legalization. “This indicates an appetite to completely overhaul the State’s cannabis policy, including full legislative decriminalization [sic], regulatory implementation around sale and supply alongside the repeal of prior criminal convictions for cannabis use,” the assembly announced in a statement at the time.

Medical cannabis has been legal in Ireland since June 2019, but it took years for the country to open its first medical cannabis clinic. It finally happened in November 2023, and the clinic now serves both patients admitted to the Medicinal Cannabis Access Programme, as well as others. Currently, only three conditions qualify for medical cannabis: spasticity associated with multiple sclerosis, intractable nausea and vomiting associated with chemotherapy, and severe treatment-resistant epilepsy.

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Medicann is launching the first medical cannabis clinic in Ireland and is immediately accepting patients who believe they may be eligible for treatment, according to a news release. The clinic will cover “all conditions treatable with medicinal cannabis,” not limited to those recognized by Ireland’s Medicinal Cannabis Access Programme.

Currently, there are three qualifying conditions included under the Medicinal Cannabis Access Programme: spasticity associated with multiple sclerosis, intractable nausea and vomiting associated with chemotherapy and severe treatment-resistant epilepsy.

A Step Forward for Medical Cannabis in Ireland

While Medicann has only just launched, patients have been able to register their interest in obtaining medical cannabis through the clinic online since August of this year.

Interested parties can make a virtual appointment with Medicann, which will then conduct an evaluation through its secure health portal to establish whether or not individuals are eligible for a medical cannabis prescription through products including flower, oils and topical creams. Through the government’s Medicinal Cannabis Access Programme, qualifying patients can also apply for funding to cover the costs of medicinal cannabis. 

Medicann Ireland CEO Gary Whipp said he noticed the potential for medical cannabis to improve quality of life for citizens early on, when it first became legal in the U.K. back in 2018.

“We have been providing access to this natural medication for patients that are eligible for the last four years,” Whipp said. “As the first clinic to launch in Ireland, we know patients have been waiting for local access to this medication, and we are very much looking forward to helping patients manage their condition better, and improve their quality of life under the guidance and help of our specialist Doctors here at Medicann.”

The Medical Cannabis Access Programme first launched after Minister of Health Simon Harris signed legislation on June 26, 2019 to allow for its operation on a five-year pilot basis. After the five years is up, the program will undergo a review. It was designed to facilitate access to cannabis-based products for medical use in line with legalization and clinical guidance surrounding it. 

Recreational Cannabis and Ireland

Previously, medical cannabis was only available to select patients in the country, while recreational cannabis remains illegal.

“The purpose of this programme is to facilitate compassionate access to cannabis for medical reasons, where conventional treatment has failed,” Harris said at time. “Ultimately it will be the decision of the medical consultant, in consultation with their patient, to prescribe a particular treatment, including a cannabis-based treatment, for a patient under their care.”

The sentiment around recreational cannabis hasn’t changed much in the four years since the medical program launched. Even among citizens themselves, support for adult-use cannabis has remained low, though it’s increased over time, according to a study released earlier this year.

The survey found that minority support for recreational cannabis legalization is still the standard, though support increased from 19.1% in 2006/07 to 29.9% in 2019/20. Support was highest among recent cannabis users and those who had used cannabis in the past, those who know cannabis users, those who perceive cannabis use as “not being a great risk” and those who don’t disapprove of cannabis use.

While the reasons behind the increase in support weren’t immediately clear, authors speculated that “the recent, predominantly positive, public discourse in Ireland in relation to the potential medical utility of cannabis-based products may have led to Irish people having a more positive view of cannabis in general.”

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A woman arrested in Dublin, Ireland for cannabis smuggling allegedly told the authorities she did not break any laws intentionally as she thought she was merely transporting a suitcase full of handbags.

According to a report by the Irish Examiner, Yejieda Johnson, a 26-year-old London woman, was arrested at Dublin Airport over the weekend with 37 kilograms of cannabis and charged with unlawful importation and possession of drugs/having them for sale or supply. 

Irish authorities, known as the “Garda Síochána” estimated the street value of the cannabis to be around €740,000 or just under $800k USD (though anyone with access to a calculator or 4th grade math skills can figure out the bulk price on all that is probably closer to $80k even in Europe).

According to the Examiner, Garda Tom McLoughlin appeared in court to advocate against bail for Johnson. McLoughlin alleged that Johnson had been “caught in the act” of a “very deliberate attempt to conceal 37 kg of cannabis.” McLoughlin stated during cross-examination that Johnson insisted she had been carrying handbags and “never touched” any cannabis. 

McLoughlin went on to claim that Johnson was a “clear and immediate flight risk,” due to her lack of an Irish home address or family connections in the area. Johnson allegedly departed from John F. Kennedy airport in New York City and was supposed to get a connecting flight from Dublin to her home in London on Saturday.

The Examiner Report went on to indicate that Johnson maintained her innocence to the court, pleading for bail. Johnson told the court she had lived in London all her life and currently lived with family members. She told the court she was a mother of one and had previously worked in a hotel spa and coffee shop though she was unemployed at the time of the hearing. She swore to the court she would return to Ireland and prove her innocence. 

“I have no reason not to come back, I’m innocent,” Johnson said. “I didn’t know what was in those cases. I will not run off or anything like that. I’m innocent, I’m not a criminal.”

According to another report in Sunday World, defense barrister Karl Monahan argued for bail, saying that Johnson could wait in Irish prison for up to two years before her actual trial began. He also argued the street value and exact nature of the drugs had yet to be officially established, which could explain the wildly high figure mentioned above (I did the math and even dimed out at $10 a gram it’s only $367k).

Oddly enough, another woman flying from Amsterdam to Dublin was also arrested at Dublin Airport the same day with a suitcase containing 10 kilograms of ketamine. Authorities did not indicate that there was any reason to believe the incidents were related, but they did indicate the ketamine had a street value of €600,000 which actually might be kind of low if you sold it by the gram, but I digress.

The following quote was given to the Irish Mirror by a Garda spokesperson:

“Gardaí arrested two women on Saturday 2nd September 2023 as part of two separate seizures made by Revenue officers at Dublin Airport. The seizures comprised 37kgs of herbal cannabis, worth an estimated €740,000, and approximately 10kgs of suspected ketamine worth €600,000. Two women in their 20s were arrested by Gardaí and later detained. They have since been charged with regards to these separate seizures, and appeared before the Criminal Courts of Justice in Dublin this morning, Monday, 4th September 2023.”

A spokesperson for Revenue also told the Irish Mirror “The illicit drugs were discovered when Revenue officers stopped and searched the baggage of passengers who had disembarked flights from New York and Amsterdam.”

Yejieda Johnson was ultimately granted bail for €1,000 plus an additional €10,000 surety. She would also be required to leave her London address, phone number and other such assurances that she would return to Ireland for trial. She was remanded back into Irish custody until she appears again in court on September 11.

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Law enforcement officials in Ireland on Sunday seized hundreds of pounds in “herbal cannabis” at a Dublin port, leading to the arrest of “a man in his 40s.” 

According to a press release from the Irish Tax and Customs, revenue officers in the country “seized approximately 142kgs of herbal cannabis with an estimated value of €2.84 million at Dublin Port.” (That breaks down to about 313 pounds and $3.06 million).

“The illicit drugs were discovered when Revenue officers stopped and searched a vehicle which had arrived from France. A man in his 40s was arrested by An Garda Síochána [the national police service of Ireland] and is currently detained under Section 2 of the Criminal Justice (Drug Trafficking) Act 1996 at a Garda Station in Dublin,” the customs and tax office said, noting that investigations remain “ongoing.” 

The release said that the seizure was “part of Revenue’s ongoing joint investigations targeting organised crime groups and the importation, sale and supply of illegal drugs,” and the agency urged any “businesses, or members of the public” to come forward if they “have any information regarding drug smuggling.” 

An Garda Síochána orchestrated a similar bust on Friday in south Dublin. As part of an intelligence operation, officers “seized approximately 16kgs of herbal cannabis with an estimated value of €316,000,” which was “made as a result of a joint operation involving Revenue’s Customs Service, the Garda National Drugs and Organised Crime Bureau (GNDOCB) and the Terenure District Drugs Unit.”

“A woman in her 30s was arrested by An Garda Síochána and is currently detained under Section 2 of the Criminal Justice (Drug Trafficking) Act 1996 at a Garda Station in South Dublin. Investigations are ongoing,” the tax and customs office said in a press release.

And on Thursday, revenue officers “seized approximately 54kgs of herbal cannabis with an estimated value of €1,080,000 in Dublin.”

‘“The seizure was made as a result of a joint operation conducted by Revenue’s Customs Service, the Garda National Drugs and Organised Crime Bureau (GNDOCB) and the DMR North Central Divisional Drug Unit,” the press release said.

Recreational cannabis is illegal in Ireland, as per An Garda Síochána’s official website: “It is an offence to cultivate, import, export, produce, supply and possess cannabis except in accordance with a Ministerial Licence. Policy to date has not permitted the cultivation of cannabis for medical purposes and no licences have been issued for this activity.”

The website notes that the Irish government “has no plans to legalise cannabis.” 

There are reform-minded Irish lawmakers who would like to end the prohibition, however. Last year, a bill was introduced in Irish parliament that sought to legalize cannabis for “adults of at least 18 years of age to possess up to 7 grams of cannabis or 2.5 grams of cannabis resin (hashish),” according to Forbes.

The bill did not “include the sale of cannabis products or the cultivation of cannabis plants for personal use,” according to Forbes, which means that “cannabis users will likely continue to purchase cannabis from the illegal market.”

If the bill were to pass and become law, it would change the so-called Misuse of Drug Act, the 1977 law that enshrined the prohibition on cannabis in Ireland.

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Police in the Republic of Ireland announced this week that law enforcement officers seized more than 250 pounds of cannabis as part of an ongoing effort to target organized crime activity in the Dublin area. In a statement released on Tuesday, the garda (Irish national police force) said that the seizure resulted in the arrest of two men, who are being held pending further investigation.

The seizure was carried out as part of an ongoing investigation related to Operation Tara, a garda campaign to target serious organized crime activity in the Dublin Region. On Monday, officers intercepted two vehicles in Tallaght, a suburb of the capital city, leading to the search of a house in nearby Knocklyon. The action led to the seizure of about 120 kilograms (nearly 265 pounds) of cannabis, which the law enforcement agency said has an estimated street value of more than €2 million (more than $2.1 million).

“Personnel attached to the Garda National Drugs & Organised Crime Bureau (GNDOCB) supported by the Special Crime Task Force (SCTF), intercepted two vehicles in the Tallaght area and searched a residential address in the Knocklyon area,” a garda spokesperson said in a statement to the media. “During the course of these searches, 120kg of cannabis herb with an estimated street sale value of €2.4m was seized.”

Police noted that two men in their 40s had been arrested in conjunction with the seizure of the illicit cannabis. The men are currently being held on suspicion of drug trafficking charges as the investigation continues. The weed seized in the operation has been sent to a laboratory for further analysis.

Public Pushes Back On Prohibition

The garda publicized the seizure on social media, noting in a Twitter post that the agency is “#KeepingPeopleSafe.” But other users on the platform questioned the public safety value of the police operation.

“Safe from what?” asked one Twitter user. “There would [have] been a few lads heading to shops for munchies after a few joints, do we really need to be safe from that or do you think there is bigger and more serious crime we should be kept safe from first.”

People commenting on social media also pushed back on the estimated street value of the seized cannabis provided by law enforcement, suggesting that the figure given is ten times what the confiscated weed is actually worth.

“In Canada where Cannabis is legal, regulated and taxed, this 120kg would be worth about CAD$400k and 5% of that would have gone to the gov in tax,” a Twitter user commented. “It’s also packaged a whole lot better than that! CAD$400k is around €250k or 10% of that valuation.”

Weed Legalization Bill Under Consideration

This week’s seizure of illicit marijuana in Ireland comes amid a renewed debate over cannabis prohibition in the country. Late last year, Gino Kenny, a lawmaker known as a Teachta Dála (TD) and a member of Ireland’s People Before Profit political party, proposed legislation that would legalize the possession of up to seven grams of cannabis and 2.5 grams of cannabis concentrates for personal use.

“The Bill is quite moderate. It amends existing legislation that dates back 42 years,” Kenny said during a November debate in the Dáil Éireann, the lower house of the Irish Parliament. “Forty-two years is a very long time. I believe the existing legislation is out of date and out of time. We need a different narrative around drug reform.”

“I hope the Government can support this legislation,” he continued. “It is timely. Different parts of the world are looking at different models which do not criminalize people and which take a harm-reduction approach. I look forward to the debate.”

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An Irish lawmaker last week introduced a bill to legalize the possession of small amounts of cannabis for personal use. The legislation was introduced on Thursday by Gino Kenny, a lawmaker known as a Teachta Dála (TD) and a member of Ireland’s People Before Profit political party. If passed, the bill would legalize the possession of up to seven grams of cannabis and 2.5 grams of cannabis resin for personal use.

Kenny’s bill would amend Ireland’s Misuse of Drugs Act, which has been in force since the 1970s, and apply to adults aged 18 and older. Kenny said that he expects further debate on the proposed legislation to occur next year.

“The Bill is quite moderate. It amends existing legislation that dates back 42 years,” Kenny said during a recent debate in the Dáil Éireann, the lower house of the Irish Parliament. “Forty-two years is a very long time. I believe the existing legislation is out of date and out of time. We need a different narrative around drug reform.”

“I hope the Government can support this legislation,” he continued. “It is timely. Different parts of the world are looking at different models which do not criminalize people and which take a harm-reduction approach. I look forward to the debate.”

Lawmaker Says Criminalization Doesn’t Work

In an op-ed explaining the legislation published on November 24, Kenny said that “the present laws on criminalization do not work” and noted that many countries in Europe and beyond have reformed their cannabis policy or are in the process of doing so. 

Although the text of the bill states that possession of up to seven grams of cannabis use by adults aged 18 and older “shall be lawful,” Kenny referred to the legislation as a decriminalization measure. The lawmaker said the legislation would amend Ireland’s unsuccessful policy of total cannabis prohibition.

“[E]ven though it is illegal in Ireland, we can see that the use of cannabis has increased. Ireland has one of the highest usage rates of cannabis in the EU,” Kenny wrote. “Almost 30% of adults between the age of 15-64 in Ireland have said that they have used cannabis at least one in their lifetime, whilst 17% of the adult population has used cannabis in the last 12 months – over double the European average of 7%.”

The lawmaker noted that under the proposal, the criminal penalties for low-level cannabis possession would be eliminated but the plant would remain illegal. Cultivation and sales of marijuana would continue to be prohibited, meaning the illicit market will continue to be the source of cannabis for most consumers.

Although Kenny’s bill will likely jumpstart the conversation surrounding cannabis reform in Ireland, whether or not it will succeed is another matter. In an interview with the Irish Independent, the head of the Irish government, Taoiseach Micheál Martin, warned against the prospect of the proposed legislation making cannabis more desirable.

“I think we have to be careful that we don’t glamorize cannabis either because there are real concerns within the health community and the medical community about what cannabis can do to young people,” he said, adding that he would support a more healthcare-based approach to addiction and warned about the potential harms posed by cannabis.

“I would prefer a system that decriminalizes in the sense that it were there to help people with challenges with harmful substances such as cannabis,” said Martin. “Cannabis can do real harm too, to young people, and many people in the medical world have said that to me. That’s just a concern I have. I’ve been a strong advocate for the facilitation of medical cannabis for people.”

Medical cannabis is legal in Ireland, although each patient must obtain authorization from the national health ministry. Kenny said that his proposal would end the prohibition of cannabis for all users, a position that is supported by his party.

“People Before Profit are totally opposed to the criminalization of cannabis users,” he wrote in his op-ed. “We believe that prohibition should come to an end, and that proper research should be undertaken by agencies that are independent of corporate influence into the benefits of regulation.”

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Martin Condon is sparking a national conversation about legalization in Ireland, one seedling at a time.

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