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Willful blindness: INCB can find nothing good to say on cannabis legalisation
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- Written by Tom Blickman
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In its report for 2022, the International Narcotics Control Board (INCB), the “independent, quasi-judicial expert body” that monitors the implementation of the UN drug control conventions, focuses on the legalisation of cannabis. Each year, in the first chapter of its annual report, the Board addresses a specific issue it deems important for drug policy discussions and the functioning of the international drug control system. This year, cannabis legalisation is the focus, because as many have noticed, a decade after the first state legally regulated adult recreational cannabis “a growing number of States have adopted policies that permit the use of cannabis for non-medical and non-scientific purposes”.
Germany: Flirting with Plan B?
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Two articles published this week, in Der Tagesspiegel and LTO, throw cold water on expectations that the European Commission could give green light to Germany’s ‘Interpretationslösung’ to justify its cannabis regulation plan under EU law and UN treaties. No surprise, as I’ve also argued that the approach taken in the ‘Eckpunkte’ brings the whole project legally on thin ice. The way Peter Homberg (Dentons), Dirk Heidenblut (SPD) and Cornelius Maurer (Demecan) are ‘flirting with Plan B’, however, is equally problematic. Their narrative, based on the ‘Gutachten’ the Dentons law firm produced for Demecan, claims that a solution can be found by using the treaty exemption for ‘scientific purposes’.
Statement on the UN Common Position and Task Team
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Between 12 - 16 April 2021, the 64th session of the UN Commission on Narcotic Drugs (CND) took place in Vienna. Here you can find the statement by the Institute for Policy Studies / Transnational Institute on Inter-agency cooperation and coordination of efforts in addressing and countering the world drug problem (Agenda Item 7) about the UN System Common Position on drug policy and the establishment of the inter-agency Task Team, which provides ‘authoritative guidance’ to all UN agencies to develop and promote a truly evidence- and human rights-based drugs policy.
Read more: Statement on the UN Common Position and Task Team
German cannabis regulation on thin ice
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The German government has released its ‘Eckpunktepapier’, a concept note laying out the key points to shape the regulation of the recreational cannabis market. Presenting the key points at a press conference this week, Health Minister Lauterbach made clear that it had not been easy to reach agreement within the ‘Ampel’ coalition and between the involved ministries. Clearly one of the trickiest issues has been how to deal with the legal hurdles of the UN drug treaties and EU law. Germany’s current interpretative approach puts the fate of the entire project for cannabis regulation on very thin ice. But there is still time to change course, and legally sound and politically viable alternative options are available.
Switzerland set to launch cannabis pilot projects 2021
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In September 2020, the Swiss parliament adopted a modification to the Federal Act on Narcotics and Psychotropic Substances. The change provides a legal framework for a pilot project that would see legal and government-controlled supply initiatives established in 2021. The projects are expected to provide data on the use of cannabis by the Swiss and contribute to substantiating any potential future regulations. A few days after its passing, a complimentary parliamentary initiative was submitted by a member of the National Council (the lower house of the Swiss legislature). The initiative aims to flesh out a political response to the regulation of cannabis, proposing standards similar to those in place for alcohol.
