EU paves the way for cannabis reforms

Last week, the European Commission (EC) has partially approved a new «European Citizens» Initiative” focused on the cannabis reform.

At the same time, the European Monitoring Center for Drugs and Drug Addiction (EMCDDA) announced in a recent report its intention not only to increase its capacity to monitor developments in the cannabis regulation in the Member States, but also to play a more active role by providing policymakers with information on cannabis reform.

Recognizing the current trend among European countries to increasingly explore Alternatives to the Prohibition of Cannabis, the EMCDDA stated: «This means that questions about what constitutes an appropriate policy response to cannabis have become both timely and important.».

What happened?

Last week, the European Commission voted in favor of adopting two of the three proposals submitted by a European Citizens' Initiative (ECI), named « European cannabis initiative« .

The ICE is a mechanism introduced in 2007 as part of the Treaty of Lisbon, designed to enable EU citizens to exert direct influence on political decisions.

They must be launched by EU citizens residing in at least seven different member states. The European initiative on cannabis was initially presented on January 12, 2024, and argues that «the lack of significant progress in curbing illicit drugs in Europe calls for a radical rethinking of the approach that, for decades, has failed to reduce both drug demand and supply.».

«There is no evidence that harsher penalties have made the European Drug Monitoring System »more effective, even though it has freed up resources to reduce the risks and/or harms associated with problematic drug use. The purpose of this ICE is to address some of the reasons why this has happened," the submission states.

It also cites numerous examples of a growing shift in drug policy among EU member states, noting the adoption of «innovative, human-rights-centered approaches to drug policy that the EU has adopted.» With this in mind, the ICE has proposed a three-point agenda.

The first involves convening a «trans-European citizens» assembly” on the cannabis policies across the EU.

Although this format has recently enjoyed some success in Ireland, in which the Citizens' Assembly recommended that the government to «minimize, or even completely eliminate» criminal convictions for drug possession; this proposal was rejected by the European Commission.

According to the EC, this request «does not fall within the Commission’s authority to submit a proposal for a legal act.».

However, the second and third applications submitted were successfully registered. These applications are intended to:

• Promote access to medical marijuana based on scientific evidence and patient experience, and allow patients to carry cannabis and any of its derivatives prescribed for therapeutic purposes throughout the EU in order to ensure the full enjoyment of the right to health
• Allocate the necessary resources to the cannabis research – including in herbal medicine and traditional medicine – for its therapeutic uses and to share this knowledge internationally.

Now that these points have been successfully registered, the ICE organizers will have six months to launch a «signature drive.».

To do so, the group will need to collect at least one million verified signatures in at least seven EU member states within 12 months, with a minimum number of signatures required for each country based on its population.

The EMCDDA aims to «support policymakers» on cannabis

That same week, the EMCDDA published its « Single Programming Document«, outlining his planned activities for the next two years in what he describes as «undoubtedly the most transformative period in the agency’s history to date.».

The organization is set to be replaced by the European Drug Agency (EUDA) on July 2, 2024, with «an expanded and strengthened mandate,» a 40% increase in staff, and an 80% increase in the budget.

Although its role is much more focused on monitoring and combating the illicit drug market, the organization appears to be positioning itself to examine the impact of what it anticipates will be a continuing trend toward liberalization of cannabis policy across Europe.

It also plans to create a «toolkit» that includes «resources to help policymakers implement evidence-based decisions in the area of cannabis policy.».

The organization states that in 2024 and beyond, it «will increase its focus on developing resources in the area of cannabis policies and interventions,» due to changes in the cannabis market in recent years, which have seen cannabis products become «increasingly diverse in Europe.».

«This Trends in the European cannabis market is part of a global trend in which countries are increasingly exploring alternatives to prohibition and some are moving toward regulated or legalized markets for recreational cannabis. »Some EU member states have begun to change their policy approach to recreational cannabis use,” the report continues.

«Recent developments show that there are various options, including systems that impose criminal penalties on users, systems that allow for home cultivation and private use, and systems involving commercial or state-controlled production and sales.»

«In recent years, the EMCDDA has responded to a growing number of requests from Member States in this area and has provided support for national initiatives, particularly with regard to the development of indicators on cannabis and the monitoring of the impact of policy changes in this area.»

With this in mind, it is necessary to establish «an appropriate data infrastructure» to monitor this change and assess its impact on public health and the illicit market.

Over the next two years, she plans to lay the groundwork for a « toolkit for cannabis policy«, designed to better assist «decision-makers and planners in developing and evaluating cannabis policy in their countries».”.