Cannabis extract to be put in the same category as heroin and cocaine, reports the Hong Kong Post.*

Hong Kong will outlaw cannabidiol (CBD) by February, the government announced on Thursday, placing it in the same category as heroin, cocaine and methamphetamine with users facing hefty jail time. The move is expected to wipe out businesses in the Chinese finance hub that had, until now, been able to sell CBD-infused products such as beers, coffee and health supplements.*
The changes to Hong Kong’s drug control laws, pending a final round of vetting by the city’s rubber-stamp legislature, will take effect from Feb 1.*
“The trade and the public should arrange early disposal of any CBD products in their possession to avoid contravention of the law,” a government spokesperson said.*
After the deadline, anyone who possesses or consumes CBD faces up to seven years in jail and fines of up to HK$ 1 million (US$ 127,000). CBD will be put alongside more than 200 substances classified as “dangerous drugs”, which all carry the same strict penalty.*
CBD is one of the active ingredients of cannabis but does not have psychoactive properties. Users have touted its relaxing and pain-relieving properties, though Hong Kong’s Security Bureau said such claims “lack authoritative scientific proof”.*
CBD is legal in some Asian nations including Thailand and Japan, as well as in the United States and parts of Europe.
John Lee, a former police officer who became Hong Kong’s chief executive in July, has taken a hard line on drugs.*
“Cannabis is a drug, and the government will categorise CBD as a dangerous drug … to protect the public’s health,” he said in a speech last month.*
China last year banned the use of CBD in cosmetic products.*

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With 65.3% of the vote, Marylanders voted to legalize marijuana for recreational use. Such legalization was also subject to referendum in four other states, Arkansas, Missouri, North Dakota and Dakota, reports the Swiss Radio Television (RTS).*

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The German government agreed on Wednesday 26 October on a framework for the legalization of recreational cannabis, which would make Germany one of the most liberal countries in Europe. To come into effect, it must be approved by the European Commission, reports the Swiss Radio Television (RTS).

Under the new legal framework, which could come into effect as early as 2024, the production and trade of cannabis would be placed under “public control” for the entire supply chain. The purchase and possession of “a maximum quantity of 20 to 30 grams” will be allowed for personal consumption, said Health Minister Karl Lauterbach.

The text also authorizes the cultivation of three cannabis plants per adult for personal use. The sale would be “strictly controlled”, advertising would be prohibited and packaging would be largely regulated. Use by those under 18 would continue to be strictly prohibited.*

“We do not want to make the same mistakes as with alcohol or tobacco, because young people and children are those who react most to the promises of the advertising industry,” said the government commissioner for drugs and addiction.

Backing from Europe*

“We are in a phase where we are examining whether the outlines we have drawn up in this document are compatible with international and European law,” stressed the social-democrat minister.

If this is not the case, the document will not become law, he said, but he was relatively confident.

Ineffective repression

This reform comes in a context of increasing cannabis consumption in Germany. In 2021, the number of consumers or consumers is estimated at about four million people, a quarter of which were aged 18 to 24 years.*

The German government takes note, moreover, of the inefficiency of the current policy. A purely repressive policy that has “failed”, conceded the Minister of Justice.

“That’s why we want to legalize the use of cannabis in a responsible way. This means better quality products and health protection” and a relief for the justice system that can “focus on more important things,” he said on Twitter. *

Promised reform*

The legalization intends to address health and security issues, fighting against organized crime funded by the black market. It is a flagship reform promised by the center-left coalition when it was formed last December.*

The social democrats have long been against it. Minister Karl Lauterbach himself admits that he has changed his mind in the last two years. The conservative right, on the other hand, remains generally opposed.

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The launch of the controlled sale of cannabis in pharmacies in Basel, scheduled for next Thursday, has been postponed until further notice. The products intended for this pilot project do not meet the required biological criteria, because they contain residues of phytosanitary products, reports the Swiss Radio Television (RTS).

The cannabic products grown by the firm Pure Production in Zeiningen (AG), commissioned by the canton of Basel-Stadt, have narrowly failed the quality test, said Friday the cantonal department of health.*

They will now be analyzed by an independent laboratory. In addition, the authorities will study the possibility of using other cannabic products from the same firm or other producers.*

The residues of phytosanitary products discovered on the cannabis provided by the company commissioned are not allowed in the organic mode of cultivation, says Regine Steinauer, head of the service of addictions of the department of health of Basel-City.*

No deadline*

The duration of the postponement is not yet known. “It could be weeks or months,” adds Regine Steinauer. In mid-August, the canton had announced that the controlled sale of cannabis in nine selected pharmacies would begin on September 15, as part of the first pilot project of its kind in Switzerland.*

A total of 370 selected regular cannabis consumers are expected to participate. Approximately 700 people have registered to participate in the study. The canton will contact the participants from mid-September.*

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The Federal Council intends to facilitate access to medical cannabis for patients. At its meeting on 22 June 2022, it therefore decided to lift the ban on medical cannabis in the Narcotics Law (LStup). An exceptional authorization from the Federal Office of Public Health (FOPH) is no longer required for medical prescription. However, the sale and consumption of cannabis for non-medical purposes remains prohibited. The change in the law will come into force on August 1, 2022, reports the communication service of the Federal Office of Public Health.*

As of August 1, 2022, medical cannabis will be more readily available to patients. The decision to use a cannabis-based medicine for therapeutic purposes will be made by the doctor in consultation with the patient. It will no longer be necessary to apply to the FOPH for an exceptional authorization to use medical cannabis. The new regulation will particularly benefit people suffering from severe chronic pain and spasticity.*

Growing demand*

Until now, it was forbidden to cultivate or import cannabis or to process it into medical preparations without an exceptional permit. Furthermore, the treatment of patients with cannabis-based medicines not subject to authorization was only possible with an exceptional authorization from the FOPH and only in justified cases.*

The demand for such authorizations has increased in recent years. These time-consuming administrative procedures delay treatments, and the current situation no longer reflects the exceptional character provided for by the law on narcotics. The Federal Council therefore submitted to Parliament an amendment to the law to remove the ban on cannabis for medical purposes, which was adopted in March 2021. A narcotics prescription will still be required for such medicines.*

Lack of evidence of effectiveness for reimbursement*

The adaptation of the law does not change the conditions for reimbursement of cannabis-based medicines by the compulsory health insurance. Currently, they are only reimbursed in exceptional cases. The Federal Council has examined whether there is a need for action in this area. However, the available evidence on the efficacy and suitability of cannabis-based medicines is currently insufficient to allow for general coverage.*

The data that will now be collected by the Confederation on treatments with cannabis-based medicines may prove useful. The mandatory data collection serves to observe the evolution of the prescription of these drugs and to obtain more evidence on their effects. It is limited to the first seven years after the law is changed. The data obtained can support, but not replace, a specific claim for reimbursement of cannabis-based medications.*

Need to adapt the implementing legislation

Implementation of the law change requires adaptations to the Ordinance on the Control of Narcotics (OCStup) and the Ordinance on the Schedules of Narcotics (OCStup-DFI), scheduled for August 1, 2022. In particular, the control measures for the cultivation of cannabis for medical purposes will be regulated in detail and Swissmedic will assume responsibility for them once the law is amended.*

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The commissions of the parliament agree to lift the current ban on the consumption and production of recreational cannabis in Switzerland. The aim would be to dry up the black market by making the sale of cannabis legal, reports RTS.*

Heinz Siegenthaler, national councilor of the center, initiated the change of the cannabis law. The farmer already uses legal hemp to produce oil for food but he wants to lift the total ban.*

But would this legalization be an opportunity for Swiss agriculture? In Canada and California, cannabis has been legalized to dry up the black market, but for Michel Darbellay of the Swiss Farmers’ Union, the prospects are still uncertain.*

A growing market*

In Switzerland, 300’000 people regularly use cannabis for recreational purposes. The desired effect is found in the THC substance. However, it is forbidden to cultivate plants containing more than 1% THC in Switzerland.*

According to Heinz Siegenthaler, cannabis production “is not as easy as growing potatoes or beets, because the plants have to be protected so that young people can’t get access to them. But for innovative, modern farmers who are looking for something new, it is an opportunity. Currently, 180 Swiss farmers grow industrial hemp to produce fiber, tea or fodder.*

Legalization not always sufficient to face the black market*

“If the cultivation of hemp brings a better margin than the cultivation of beet or rape, it is clear that people will start to cultivate it. The question of profitability will be decisive in relation to that”, explains Michel Darbellay.*

The margin and the market are difficult to anticipate. In Canada, where recreational cannabis has been legal for three years, there is an overproduction, big companies buying up small growers and the black market remains important.*

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