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Adult use marijuana legalization bill faces firm rejection in Germany

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Legalizing adult-use marijuana in Germany faced with staunch opposition from the parliament.

Laws surrounding the marijuana industry in Germany are paradoxical and limiting in their own ways. While the legislation allows private consumption and possession of the drug in ‘small amounts’, unauthorized personal use can land convicts in jail for a period ranging from 2 to 5 years.

Sighting these discrepancies, marijuana advocates have been trying hard to get adult-use of the drug legalized in the country. However, to the dismay of these patrons, their efforts were met with a firm rejection from the German parliament.

This rejection from the parliament was unsolicited for the population because apart from a few parties, the Bundestag largely favors policy reforms in some form.

Marijuana legalization faces Rejection By the Parliament

This repudiation was mainly made possible by a coalition formed with the joining of The Union (CDU/CSU) and SPD parties.

Although members of the Social Democratic Party (SPD) were in favor of introducing marijuana policy reforms but after receiving criticism from members of The Union, it preferred voting in the direction adopted by their coalition partner.

As of February 2020, members of SPD had shown an inclination towards decriminalizing marijuana possession. In addition to this, the party also favored allowing pilot programs that would permit the legal distribution of recreational marijuana.

“We see the regulated distribution of cannabis to adults in Germany as a good chance for a successful policy, ideally supported by simultaneous strengthening prevention and early intervention as well as counseling and treatment,” said the SDP paper.

However, Daniela Ludwig from the Christian Social Union (CSU) was particularly critical about this stance of SPD. She immediately took to Twitter to express her condemnation and established that ”prevention” was the only approach to deal with the bill legalizing recreational marijuana.

Parties Constituting the German Parliament and their stance on the marijuana legalization bill

There are six main political parties that constitute the German parliament. Here is what was their stance on the bill that proposed the legalization of adult-use marijuana in Germany:

The Left

This party constitutes about 69 seats from the 709 seats of Bundestag. This party was in favor of the legalization initiative. It also made a separate cannabis policy reform suggesting to decriminalize possessing up to 15 grams of the drug.

SPD – Social Democratic Party of Germany

SPD is one of the most popular parties in Germany and constitutes about 152 seats in the German parliament. Despite of having substantial support for the initiative, the party voted in tandem with its coalition partner.

The Greens

This party had been in a coalition with the SPD from 1998 to 2005. The coalition ended after disagreements with Gerhard Schröder upon early elections,  leading to scoring only about 8.3% of votes.

As of now, The Greens hold about 67 seats in the government. This party was the second to support the legalization of the adult-use bill, bringing the total number of supporters to 136.

The Union – Christian Democratic Union of Germany + Christian Social Union in Bavaria

The Union is a coalition of two parties namely CDU and CSU that underwent a brief separation in 1976. Although they have had their fair share of tensions and disagreements, the coalition has survived almost 71 years of partnership together.

With each other, they form a huge majority in the German government making it next to impossible for any initiative to pass unless votes are cast from members of coalition parties.

The same was seen in this effort of legalizing adult-use marijuana in Germany. The combined votes of The Left party ad Green Party fell short to defeat the stance of The Union, which was against the bill. The party holds 246 seats in the parliament currently.

FDP – Free Democratic Party

Led by Christian Linder, FDP is a liberal political party of Germany. Holding 80 seats in the government, the party chose to abstain from voting on the issue of marijuana legalization.

In contrast to this, the opposition party had proposed several cannabis reforms that met the same fate as the bill. It had made a case for allowing recreational marijuana experiments in the country. In addition to this, an increase in the percentage of medical marijuana cultivated in Germany was also suggested.

Both of these proposals were rejected.

AFD – Alternative for Germany

Represented first time in the parliament in 2017, AFD is characterized as a far-right political party. When the proposals of the bill were put forth, it was the only opposition party that was against the bill.

Like FDP, AFD also made separate recommendations for marijuana policy reforms. This suggested treating medical marijuana in a similar way to other medicines for testing the success of treatment.

These suggestions were also dismissed.

A graduate in Bachelors of Business Administration, Yumna Haq is an ardent researcher and a dedicated writer. Having lived in three different counties, her cultural exposure is vast, allowing her to reflect more knowledge in her work. She's currently working for Cannabis Health Insider as a news writer.

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An Overview of Oklahoma State Laws for Marijuana in 2020

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Oklahoma recently made some changes to their state laws concerning marijuana. The new policies change some of the existing laws for consumption as well as the use of marijuana. The original bill Bill HB 26126 was primarily passed in March 2019. In this article, we’ll take a good look at the new changes concerning marijuana possession and usage in Oklahoma state.

It’s good to see Oklahoma keeping their laws up to date. Marijuana is an amazing frontier but it comes with its own problems. The states need to have a robust and well-thought-out framework for implementing marijuana laws.  Otherwise, negligence can lead to serious loss. With the recent US election, one thing is pretty clear, its that the public image of marijuana is changing and legalization is going to spread.

Coming back to the new amendments the new laws state that individuals with a medical marijuana license can have about 8 ounces of marijuana at home. In-person people can carry up to 3 ounces of marijuana. In terms of marijuana concentrates you can only carry up to 1 once. Moreover, People can not have more than 72 ounces of edible marijuana on them. In terms of owning marijuana plants, individuals can have only six mature marijuana plants or six seeding plants.

The possession of marijuana without a state-issued medical license remains illegal. In Oklahoma, having more than 1.5 ounces of marijuana on you can lead to a misdemeanor charge. This leads to a fine on the person however there is no jail time. The state still allows for marijuana consumption in private, however, smoking marijuana in public is still a crime.

Overview of Marijuana Laws in Oklahoma:

Oklahoma has an interesting set of laws concerning cannabis. Some of these laws vary drastically from some of the neighboring states and even the laws across the border in Canada. These laws are pretty strict giving a feeling that marijuana is still a controlled substance in the state.

Medical Use:

Oklahoma laws allow for marijuana use in certain defined medical conditions. The rules of the medical marijuana program in the state are pretty vague. The law enforcement authorities have made the laws pretty confusing for the general public leading to fewer signups for the medical program. It is an ongoing debate between the state authorities and will get better with time.

MedicalNewsToday

The laws state that individuals without a medical license are subjected to a fine if they have 1.5 ounces or less of cannabis. In addition, for possession without a medical condition, the penalties are worse than just a 400$ fine. However, the confusion begins with the Oklahoma district law on decriminalizing the possession of low-level drugs. This leaves the law enforcement authorities as well as the public confused as to which law to follow. The state law enforcement says that they follow older laws that allow for arrest on possession. In other words, according to the current Oklahoma laws, it’s just up to the law officer whether to arrest you or fine you.

Recreational use:

Oklahoma strictly prohibits the recreational use of Marijuana. Oklahoma sticks with their previous laws besides many states opting to legalize recreational use. However, there are no longer any criminal charges for marijuana possession. After the State Question 7890 that went into effect in July of 2017. All of the marijuana charges in the state of Oklahoma are misdemeanor charges. It doesn’t matter how many times an individual gets convicted there will not be any criminal charges in this case.

Oklahoma also has a Tax Stamp law for those charged with marijuana possession. People accused of owning marijuana have to buy a special stamp issued by the state of Oklahoma. This stamp is then placed on the contraband. The per gram tax stamp rate is currently $3.50. In case someone does not comply with the tax stamp law they face a penalty that is 200 times as severe as the tax stamp rate.

The Rules of Possession:

In addition to the law on possession of medical cannabis, the new laws also let residents appeal for expungement of previous conviction records. Moreover, the recreational use of marijuana remains illegal in Oklahoma. you can’t possess or grow marijuana without a medical license. Moreover, medical users are also limited to certain CBD products.

The state laws only allow for using CBD products for medical use. Any CBD product containing less than 3/10 of a single percentage of THC. THC is the psychoactive element in marijuana responsible for the high. lesser percentages mean less psychotic effects on the user.

Driving with Marijuana in Your System:

Oklahoma laws clearly state that any instance of driving under the influence is punishable. The punishments vary with the severity of the offense. The H.B. 1441 law governs the punishments in case of an individual who has a Schedule 1 controlled or chemical substance in his or her body when driving a vehicle. The punishment is jail time for a minimum of 10 days and upwards of an entire year or longer.

Source: adlergiersch.com

The Oklahoma law clearly identifies marijuana as a Schedule 1 drug just like federal laws.  This means even severe punishments like property seizure in case of involvement in charges relating to marijuana. In addition, people convicted of driving while having marijuana in their system have their license suspended for up to three years.

Transporting and Export of Marijuana:

Since public possession of marijuana is illegal you can not transport it within the state. Anyone caught transporting marijuana will face charges described above. People Smoking marijuana in a vehicle will also face punishments similar to those of driving while consuming.

Since cannabis is illegal in federal territory exporting cannabis out of the state of Oklahoma remains illegal. It is also illegal to send marijuana to a state by mail even if that state has legalized marijuana.

The Problems:

There are a few things wrong with Oklahoma’s implementation of cannabis laws and we must talk about that as well. Laws are not very public friendly. One argument that the government has on this topic is that they want as many people as possible away from recreational use. However, the vague implementation also hurts the experience for people genuinely in need of medical cannabis.

Proper law enforcement is also important. The concerned authorities must remove any ambiguities in present laws as well as any duplicate laws. enforcement is an important step in legalization and lawmaking. Proper enforcement will ensure public compliance as well as fewer illegal users.

The State Laws for Marijuana are the next important step to take after passing the vote for legalization. They are of utmost importance and determine the future of cannabis in the set. It is therefore important that newer states working on legislation implement laws derived from the examples of states that have done it before.

 

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Overview of Marijuana Laws in New Mexico

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Marijuana laws have undergone a lot of changes in New Mexico, making it the first state to acknowledge its medicinal value.

New Mexico, also known as the Land of Enchantment, is a state located in the southwestern region of the USA. It was 47th to join the union in 1912, after which it became the fifth-largest state in the U.S.A area wise. When marijuana was slammed with a legal prohibition during the 1920s in the country, New Mexico followed suit and banned it in 1923. Since then, marijuana laws in the state have undergone quite a few significant changes.

Here is an overview of marijuana laws in New Mexico and their current legal standing in the region.

Marijuana usage before the legal ban

Up until the early 1800s, marijuana was pretty much a legal drug within the United States. Although its recreational usage was not a very common idea, it was widely used for medical purposes. In addition to this, it was used to make everyday products like ropes, clothes, canvas, sacks, and many other things.

It might be hard to believe today, but in 1619, not growing hemp was considered illegal in areas like Virginia, Massachusetts, and even Connecticut. This was because the plant was considered extremely resourceful. Later on in the 1700s, Virginia, Pennsylvania, New York, New Jersey, South Carolina, and North Carolina were granted special licenses to promote hemp cultivation and production.

Surprisingly enough, many political personalities of the United States had also cultivated hemp in the past. George Washington, Thomas Jefferson, and Benjamin Franklin are among them.

Reefer Madness overshadows benefits of Marijuana Plant

Starting in 1906, cannabis was typecasted as a poisonous drug. Its out-and-out prohibitions began in the 1920s following the Mexican Revolution.

Most marijuana advocates believe that the legal ban had more to do with racism than its psychoactive effects. According to Tommy Chong, “Marijuana prohibition has been a racial law right from the get-go. It followed the path of the Chinese opium law. Britain actually almost ruined China with the opium trade and so America, when they wanted to demonize a race of people, they would outlaw their habits – that’s what prohibition was all about. Prohibition was just basically a racist law.”

Therefore in an attempt to stigmatize Mexican’marihuana’ users, the drug was officially outlawed state by state in the U.S. Reefer madness took over the news, movies, and television after which medicinal benefits of the plant were forgotten. The propaganda against it was very strong and successfully associated with violent behavior, rape, and even murder.

New Mexico Moves Ahead towards Reforming Marijuana Laws

In 1978, New Mexico became the first-ever state to acknowledge the medicinal value of marijuana after decades of prohibitions.

The move was strongly motivated by the efforts of Lynn Pierson, a cancer patient who died during his struggle to gain legal access to medical marijuana. Having endured a lot of suffering during the course of his chemotherapy sessions, he found solace in marijuana. “A few puffs of pot took nausea away. And there was hardly any vomiting. Then I got really hungry. Hell, I ate so much I actually gained some weight,” he said.

It was due to his efforts that the Controlled Substances Therapeutic Research Act was passed with an overwhelming majority. Governor Jerry Apocada signed it as an ’emergency legislation’, setting the bill as a model for at least 30 more states for upcoming years.

Lynn and Erin Compassionate Use Act

In 2007,  honoring the memories of Lynn Pierson and Erin Armstrong (another cancer patient and advocate of marijuana legalization), medical marijuana was legalized in New Mexico.

The legislation was entitled ‘ The Lynn and Erin Compassionate Use Act’ and established a system of marijuana usage under the regulations of NMDOH. The system aimed to provide patients legal access to the Medical Cannabis Program of the state. It made adults aged 18 or above qualifiable to receive medical marijuana if they had certain ailments. A list of 28 medical conditions was prepared that included eligible medical conditions. Some of them include:

  • Alzheimer’s Disease
  • Amyotrophic lateral sclerosis (ALS), or Lou Gehrig’s disease
  • Anorexia
  • Autism Spectrum Disorder
  • Cachexia, or wasting syndrome
  • Cancer
  • Cervical dystonia
  • Crohn’s disease
  • Epilepsy and seizure disorders
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • etc.

Later in 2018, the state’s biggest city, Albuquerque, decriminalized the possession of 1 ounce (28 grams) of marijuana. Any amount above it was a punishable offense causing a fine of $25. These marijuana laws were further revised in 2019, whereby possessing up to half an ounce (14 grams) led to a $50 fine instead of jail time. Patients are allowed to possess up to 8 ounces (277 grams) of marijuana over a three month period.

As of now, patients can only obtain medicinal marijuana from state-licensed non-profit producers. Unauthorized distributors, users, or sellers are liable to face criminal prosecutions and penalties.

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Cannabis Oil exports from Australia reach Germany

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Germany will be receiving batches of cannabis oil exports from Australia.

When it comes to cannabis oil exports, Germany ranks fourth in the entire world as per the official figures reported in 2019. This translates to a monetary value of about $230 million and represents around 8% of the total cannabis oil exports of the world.

If that wasn’t enough to reflect the potential of the cannabis industry in Germany, it is noteworthy that the country is also one of the largest importers of cannabis oil in the European Union. It stands only next to the United States and Israel in this list, with total imports amounting to approximately $240 million.

Germany expands its cannabis trading partners

This week, the export ties of Germany further expanded to include Australia as a trading partner.

As a result of this partnership, a shipment containing cannabis oil exports from the country just arrived in Germany earlier this week. The merchandise was exchanged between WA based Little Green Pharma and  CC Pharma in Germany. The shipment contained around 2400 units of medical cannabis oils that were valued at $600,000.

Managing director of Little Green Pharma Fleta Solomon considers this trading partnership as a huge achievement. He believes it is going to offer opportunities to Little Green Pharma to establish itself as a ‘key-exporter’ of medicinal cannabis oils into Europe. According to him, this is further going to establish the confidence of the European market in Australia’s locally grown medicinal cannabis.

He further added that “With our expanded cultivation and manufacturing facility, LGP is well-placed to ensure consistent supply to both Australia and offshore markets in the future.”

The products will be batch-tested over the course of this week and will be released in the German market later on. This will mark the end of a 22-month long period that was served in extensive legal formalities, licensing, quality checks, audits, etc.

In addition to this, Little Green Pharma will also be supplying products to DEMECAN in Berlin. According to reports, this partnership is going to relate the two countries for the next three years. During this time, approximately 48000 units of medical cannabis oil products per year will be exported in Germany.

Germany’s Cannabis Market

According to research, about 84.1% of Germans support the legalization of cannabis in some form. The country has seen a spike in demand and tried to accommodate them through imports.

According to BfArM, most of the imports (flowers) are for pharmacy dispensing. This means that they are usually re-exported to other European countries like the Czech Republic and Italy.

Currently, there are about 60,000 registered patients in Germany who are depending upon cannabis products for treatment. This number is expected to increase further as an expanding percentage of physicians is now considering prescribing medical cannabis. The scope of these ailments includes arthritis, epilepsy, and inflammation, and various other problems.  After 2020, the amount of locally produced cannabis is not going to be sufficient for meeting demands.

Without sufficient products to meet local demand, Germany has to depend upon imports. Most of this shortage is created as a result of bottlenecks in the legal framework. These cause delays in licensing and permits for stakeholders and create various other problems. Producers, cultivators, and retailers have complained of a lack of support from the government, which greatly discourages new investment.

German Parliament Still Opposes Legalization

Despite this lucrative growth of the local industry, the country has still not legalized adult-use cannabis in its territory. The reasons for this delay in policy reforms are difficult to interpret.

Laws surrounding the industry are pretty confusing for its local residents. While there is no written law prohibiting its use, possessing over ‘small-amounts’ of the drug can lead to incarcerations. Once again, the definition of small amounts is not legally defined. If a convict is lucky enough, the law enforcing agencies might let them go with a warning. In other cases, arrests can be up to 1 to five years long.

The cannabis industry of Germany was in the news last month due to the rejection of a legalization bill. The bill had proposed legalizing adult-use cannabis but was rejected sternly by the parliament.

Although the bill had a significant level of suppor, it was rejected due to a coalition between two parties. It was formed between The Union and the SDP, putting them in a clear majority.

Due to this clear majority, any proposal that goes against the ideology of this coalition ends up facing the same fate as the cannabis bill.

 

 

 

 

 

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