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Spain Approves Medical Cannabis Reform: Pharmacy Dispensation Planned for End of 2022
Spain becomes the next European government to formalize at least medical use of cannabis—even though the first step here is highly limited.
On Tuesday the Spanish Congress of Deputies passed medical cannabis reform. The decision to do so was based on the report of a special health commission which formally examined the issue between March and May of this year. It is also widely expected that as of June 27, the full Health Commission will formally approve the report. Then it will take another six months for the Spanish Health Agency (AEMPS) to produce guidelines for actual dispensation.
No matter the hurdles still in the way, this means that medical cannabis will be available upon prescription via Spanish hospital pharmacies by the end of 2022. According to estimates there are about 300,000 domestic patients who could immediately benefit from this change in the law even though most of them will fail to get access due to the high levels of bureaucracy that remain. Further, because only the public hospitals can prescribe, patients with private health insurance are being left out for now.
It is clear, as a result, that while positive, this is an extremely limited first step. Medical use of cannabis will only be allowed for conditions including cancer, pain, endometriosis, fibromyalgia, and epilepsy. Most patients will also not be able to access flower which is still limited for “research purposes.” Dispensation of cannabinoid extracts will also occur initially only via hospital pharmacies and only specialist doctors can prescribe.
According to Carola Perez, a well-known patient advocate and president of the Spanish Observatory for Medicinal Cannabis, a group of patients, doctors and researchers dedicated to cannabis reform, medical cannabis could be available via regular pharmacies eventually. The change now pending for the end of the year still creates an onerously small window of access. “Most patients will still be forced to source their medicine via clubs, home grow and the black market,” she said. Despite the beginning of an extremely limited window of access, Perez is nonetheless happy that at least this first step has been taken. “We have been fighting for this moment for the last seven years,” she said by phone from her home in Spain. “It is also clear that we still have much to do.”
What Is Changing in Spain?
Spain has just entered the “medical cannabis club” in Europe, where patients can, theoretically at least, obtain cannabis by medical prescription via a pharmacy, with the national health system underwriting the bulk of the cost. The countries where this is possible at this point includes Germany, France, Italy, Portugal, Luxembourg, and Greece. In Holland, it is legal to buy cannabis at a pharmacy, but tragically, since 2017, Dutch insurers have refused to reimburse claims. As a result, most Dutch patients must rely on their own cultivation, the black market, or the cafes. Unless Spanish medical access is considerably broadened, it is also likely that this will remain the status quo here as well.
What the formal acceptance of medical efficacy does mean unequivocally is that the currently-operating four medical cannabis cultivation companies in Spain with authority approved by AEMPS will no longer solely have to export their product but can now distribute to domestic patients. It also means that foreign medical producers can enter the Spanish medical market.
Where Does This Leave The Clubs and Recreational Reform?
It is clear that Spain is being pulled down a path that other European countries have already trodden. What is interesting about this newest (and inevitable) development is that it creates two distinct and bifurcated domestic cannabis markets—a formal medical one and a well-developed if less than legit grey one consisting of the cannabis clubs. Mostly located in Catalonia and Basque country, clubs nevertheless exist in every major city—though many have not reopened or are not operating in the same way post-COVID. In Madrid, for example, it is easier to get cannabis delivered than go to a physical club as of June.
It is also unclear what the fate of the clubs will be in this new environment. It could be that, like Holland, the Spanish authorities use this first medical opening to close down the clubs—although that is not really feasible at this juncture. More likely is the approval of a broader medical market and eventually, just as in Holland, the establishment of a formalized recreational market. Even if the first step towards the same is some kind of national cultivation plan or, as in Luxembourg and Malta, limited home grow becomes formally legitimized.
Regardless, no matter how short the step, Spain has now affirmed medical efficacy—which means that medical cannabis use is legal in every major economy within the bloc. Recreational reform in countries including Germany, Luxembourg, Portugal, Holland, and Switzerland also means that the entire conversation about the use of cannabinoids is now finally in full swing across Europe.
New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.
The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.
Golden Roots operates the The Cannabis Revolution Dispensary.
The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.
The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.
Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.
After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.
In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.
The company requested a hearing, which the regulator scheduled for Sept. 1.
At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.
Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.
Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.
The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.
Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/
Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.
According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”
Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.
The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”
The companies want the case to go before the U.S. Supreme Court.
They hired prominent law firm Boies Schiller Flexner to represent them.
The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.
Similar challenges to the federal Controlled Substances Act (CSA) have failed.
One such challenge led to a landmark Supreme Court decision in 2005.
In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.
In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.
Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.
“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.
“Moreover, the facts on which those precedents are based are no longer true.”
Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”
While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.
“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”
Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.
The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).
Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.
Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.
That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.
Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.
Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.
A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.
Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/
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