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German Health Insurance Filled Close to 100,000 Medical Marijuana Prescriptions Last Quarter Alone

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Demands for the legalization of cannabis are increasing throughout Europe, mirroring the progressive steps taken by Canada and certain regions of the U.S. to approve the use of the substance. Advocates conveyed many advantages of establishing a legal cannabis market during the Cannabis Europa industry event held in London last week. These benefits encompass improvements in public health, augmented tax revenues, and the destigmatization of medical marijuana.

 

Despite enduring opposition from critics who contend that legalization results in elevated crime rates, addiction issues, and health hazards, proponents insist that a regulated market yields positive outcomes. Jindřich Vobořil, the Czech Republic’s national drug coordinator, emphasized the efficacy of a regulated approach and underscored the need for cannabis to be governed like other controlled items within his domain, such as tobacco and alcohol. He pointed out that prohibition has proven ineffective, drawing parallels with the failures of alcohol, tobacco, and gambling restrictions.

EU Pushback

Nevertheless, European governments are encountering resistance at the European Union level, as many struggle to draft legislation that aligns with EU regulations, international drug treaties, and public health considerations. While certain European countries have sanctioned the use of marijuana for medicinal reasons, the region has traditionally maintained a cautious stance towards recreational cannabis. Concerns linger that legalizing the substance in one country might trigger ripple effects for neighboring nations that oppose such actions.

 

The European Commission, which serves as the executive branch of the European Union, declined to comment on specific national dialogues but affirmed its close monitoring of these developments. A spokesperson conveyed that the Commission is attentive to the evolving cannabis policies within member states, particularly their potential impacts on health, crime, the environment, and societal dynamics. This perspective was shared through an emailed statement responding to CNBC’s inquiries. Against this backdrop, activists advocating cannabis legalization were observed marching past the Reichstag during Berlin’s annual Hemp Parade in Germany.

 

EU regulations mandate that member states establish measures that impose “effective, proportionate, and dissuasive” criminal penalties for selling illicit drugs, including cannabis. However, these regulations do not impose restrictions on personal consumption. Legalizing cannabis commercially also clashes with international treaties, including the United Nations’ 1961 Single Convention on Narcotic Drugs. Despite this, countries like Canada and Uruguay have not faced significant consequences after opting to legalize the drug.

 

In response to feedback from the EU, Germany recently scaled back its comprehensive legalization proposals. Health Minister Karl Lauterbach acknowledged the failure of his initial proposal and emphasized the need for a fresh approach in the revised plan. Under the updated legislation, the focus has shifted towards permitting private consumption and distribution through non-profit organizations. Additionally, the revised plan includes provisions for a potential pilot project to test the sale of cannabis in a limited number of licensed shops.

Germany Looks To Legalize Cannabis

Germany’s Health Minister Karl Lauterbach has introduced a contentious draft bill to legalize recreational cannabis use. The bill, which gained approval from the German Cabinet, is being pushed by proponents within the coalition government. Despite their aim to legalize cannabis this year, resistance emerges from conservative lawmakers, certain medical professionals, and law enforcement.

 

Lauterbach has characterized the draft bill as a significant shift from past unsuccessful cannabis policies. He emphasizes that although cannabis consumption will be legalized, it still carries risks. The Health Ministry, in collaboration with the Agriculture Ministry, stresses the importance of safeguarding youth through an upcoming information campaign.

 

The proposed legislation would permit adults over 18 to possess up to 25 grams of cannabis and grow up to three plants for personal use. Additionally, “cannabis social clubs” would be established, allowing members access to homegrown products. However, consumption within the clubs’ premises or 200 meters of them would be prohibited, presenting a challenge for finding suitable locations.

 

The initial phase involves decriminalization, followed by the possibility of specialized shops selling cannabis and THC-containing products in selected districts and cities. These regions would serve as model areas for five years. While there were initially high expectations for substantial tax revenues and savings in law enforcement costs, revised estimates have reduced these projections to hundreds of thousands of euros due to increased spending on law evaluation and prevention initiatives.

Opposition To The Bill

Medical professionals have voiced their criticism of the proposed changes. Five organizations representing physicians specializing in the care of children and young individuals issued a collective statement, expressing concerns about the potential harm to the mental well-being and developmental prospects of young people in Germany.

In addition, the police union has registered its opposition to the bill, and the German Association of Judges has cautioned against overburdening the judicial system due to the intricate regulations governing cannabis clubs and drug distribution.

 

Furthermore, conservative lawmakers from various states have openly rejected the proposed legislation. They argue that the initiative is “medically irresponsible,” some have even labeled it as an “assault on youth and health protection.”

More Encouragement for Germany to Legalize Cannabis With Increased Insurance Payouts

In the first quarter of 2023, insurance reimbursements for medical cannabinoid products in Germany continued to grow, illustrating the ongoing gradual expansion of the country’s cannabis industry, which now ranks among the largest globally.

 

This period’s reimbursement reached approximately 50.9 million euros ($55.6 million), as indicated by the most recent data from the German National Association of Statutory Health Insurance Funds (GKV-Spitzenverband). This marks a 6.5% increase compared to the same period in the previous year. However, there was a minor decline compared to the fourth quarter of 2022. During this quarter, nearly 99,000 prescriptions were filled.

 

Within the market segments, the dried-flower segment accounted for 21.1 million euros, while finished pharmaceutical products, encompassing items like Sativex and Epidolex, recorded sales of 13.1 million euros.

 

For context, during the same quarter, Canada’s regulated cannabis market registered medical cannabis sales worth 98 million Canadian dollars ($72 million), per Statistics Canada’s data. It’s important to note that the German reimbursement figures do not encompass private prescription sales paid directly by patients. Consequently, the actual medical cannabis sales in Germany exceeded the reported 55.6 million euros, although an exact figure remains unavailable.

Conclusion

The evolving landscape of cannabis in Europe, particularly in Germany, reflects the intricate interplay between regulatory frameworks, medical considerations, and societal opinions. The gradual growth of the cannabis industry, as seen through insurance reimbursements for medical products, showcases the complexity of balancing public health needs with economic opportunities.

As the cannabis dialogue continues, it remains essential to weigh the perspectives of medical professionals, policymakers, and the public to navigate the path toward responsible and effective cannabis policies.

 

MORE ON GERMAN LEGALIZATION, READ ON…

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Dutch police find gnome made of MDMA during drug bust

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Officers in the southern Netherlands have found a garden gnome weighing nearly 2kg (4lb) and made of the drug MDMA.

“Drugs appear in many shapes and sizes, but every now and then we come across special things,” Dongemond Police said in a translated social media post.

The gnome was found among suspected narcotics during a large drug search.

“In itself a strange place to keep your garden gnome,” the force said. “That’s why we decided to test [it] for narcotics”.

“The gnome himself was visibly startled,” police said, referring to the gnome having its hands covering its mouth.

It is not known which area the gnome was recovered in, but the Dongemond Police covers the municipalities of Oosterhout, Geertruidenberg, Drimmelen and Altena.

MDMA – which is an illegal substance in the Netherlands – is a synthetic party drug also known as ecstasy.

As of 2019, the Netherlands was among the world’s leading producers of MDMA.



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California Appeals Court Rejects Marijuana Grow Permit, Citing Federal Illegality

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In a landmark decision that highlights the tension between state and federal cannabis laws, a California appellate court ruled on October 29th that property owners can refuse to allow the transportation of cannabis across their land via easements, even when the cannabis operation is approved by local authorities.

The Second District Court of Appeal’s unanimous decision draws attention to private property rights in a context where cannabis remains federally illegal, but state law allows licensed cultivation, distribution and sale. Presiding Justice Albert Gilbert stated, “No matter how much California voters and the Legislature might try, cannabis cultivation and transportation are illegal in California as long as it remains illegal under federal law.” JCCrandall LLC v. County of Santa Barbara, Case No. B333201, 2024 WL 4599304, Oct. 29, 2024.

Unless the California Supreme Court grants review – which I would not rule out – the decision empowers private property owners to refuse to contract with cannabis businesses, and restricts local government from approving cannabis operations that implicate the property rights of neighbors who object.

The case at hand

The dispute centered around a cannabis cultivation operation in Santa Barbara County, where JCCrandall LLC challenged a conditional use permit granted by the County to its neighbor, Santa Rita Holdings Inc. The critical issue was that Santa Rita Holdings could only access its 2.5-acre cannabis farm via an unpaved road crossing JCCrandall’s property through a pre-existing easement. JCCrandall grows oats and barley.

JCCrandall’s primary concern? It raised a number of complaints with the Santa Barbara County Supervisors about truck traffic and night operations, which did not gain traction, but in the Court of Appeal JCCrandall focused on what it claimed was potential liability associated with having federally illegal substances transported across its property, even though County regulators found that the Santa Rita operation was fully compliant with state and local laws.

Key legal findings

The appellate court’s decision hinged on several crucial points:

  1. Property Rights: The court emphasized that “the right to exclude others is the essence of the right of property ownership” and classified it as a fundamental vested right.
  2. Federal Supremacy: The panel determined that allowing cannabis transportation across private property “defies the Supremacy Clause” of the U.S. Constitution.
  3. State vs. Federal Law: While cannabis might be legal under California law, the court ruled that federal law’s prohibition takes precedence in this context.

California cannabis industry implications

Legal experts suggest this ruling could have far-reaching consequences for California’s cannabis industry. Section 1550.5(b) of the California Civil Code makes contracts within California involving cannabis lawful and enforceable, and Santa Rita Holdings bet the ranch on that argument. But the Court of Appeal held that the statute could not compel a landowner to allow cannabis to travel across its property on a pre-existing easement. Licensed operators may find it harder to do business because neighbors who have property rights affected by a cannabis business can object, and, under the JCCrandall ruling, local government must yield to those objections.

An example might be a cannabis dispensary that depends on access to its parking lot via an easement or is located in a shopping center where other lessees have rights to object to tenants notwithstanding the approval of the landlord. In cultivation, many cannabis farms depend on vehicular access through easements because they are remote and do not always have direct access to public thoroughfares, or they depend on water sourced from other properties pursuant to agreements made by prior owners who grew traditional crops. These neighbors might not need to show any negative impact on their property, but can argue that they could be found complicit in federally illegal activities.

I think the most problematic language in the JCCrandall ruling is the following, which might draw the attention of the California Supreme Court and cause it to grant review: “For as long as an easement is enjoyed, its mode and manner of use shall remain substantially the same as it was at the time the easement was created. The County argues the easement was used for agricultural purposes. But there is a vast difference between legal and illegal agricultural purposes.” (Emphasis added.) If California has determined that cannabis cultivation is legal – as it has – and state courts routinely enforce contracts involving cannabis, it is a pretty bold step to declare the use of a lawful pre-existing easement illegal simply because the agricultural crop is cannabis and take away easement access from Santa Rita.

Looking ahead

This decision creates new challenges for cannabis businesses in California, and will result in more disputes among neighbors. While the Biden administration has shown signs of easing federal marijuana restrictions, this ruling demonstrates that the federal-state law conflict continues to create significant legal hurdles for the cannabis industry.

California court decisions also can be persuasive authority in other states, so we might see similar litigation (and decisions) elsewhere in the country where cannabis has been legalized.

The case serves as a reminder that despite California’s progressive stance on cannabis, federal prohibition continues to cast a long shadow over the industry’s operations and development. As the cannabis landscape continues to evolve, this ruling may prompt businesses to reassess their property arrangements and local governments will certainly have to reconsider their permitting processes to give more careful consideration to objections by neighbors who claim that their property rights are implicated by cannabis operations.

Note: This post was first published earlier this month on the Alger ADR Blog.



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Autoimmune Conditions Are Rising Fast in American Medicine, Can Cannabis Help?

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Why Are Autoimmune Conditions On The Rise? And How Cannabis Can Help

 

Autoimmune diseases refer to a group of medical conditions that occur as a result of the immune system attacking your own tissues.

 

In a normal human body, the immune system is responsible for protecting the body by producing antibodies that prevent toxins, cancer cells, and viruses from harming the body. However, when one is struck by an autoimmune disorder, the immune system is no longer able to distinguish the difference between dangerous cells and healthy cells. As a result, the healthy cells are attacked, too.

Today, we know of around 100 different kinds of autoimmune conditions. Some of the most common examples of autoimmune conditions include rheumatoid arthritis (RA), lupus, inflammatory bowel disease, celiac disease, Type 1 diabetes, multiple sclerosis (MS), and the Guillain-Barre syndrome (GBS) to name a few. Others include Graves’ disease, Hashimoto’s thyroiditis, psoriasis, and vasculitis.

 

According to the National Health Council, around 50 million Americans are affected by autoimmune diseases today. This is a conservative estimate, considering that several autoimmune conditions are tricky to treat and so many people go undiagnosed for long periods of time. It’s worrisome to note that there are more people developing autoimmune diseases these days, many of which have reached levels comparable to epidemics.

 

But cannabis can help!

 

How Cannabis Can Help Curb And Manage Autoimmune Diseases

 

Not one single cause is responsible for the alarming growth of autoimmune diseases, though there are several factors at play. While there isn’t just one cause we can point at, it’s certain the reasons lie in our environment. After all, human genetics haven’t changed significantly yet the chemicals, toxins, and pollutants in our food and everyday items have risen dramatically.

 

In addition, people are getting less sleep than ever; stress rates are through the roof, and people are constantly worried. There is a clear link between psychological stress and physical health as well as immunity, which is why it isn’t unusual – it’s even common – to see many autoimmune disease cases flare up after people experience severe stress caused by grief, an accident, job loss, or the death of a loved one. These highly stressful and traumatic conditions wreak havoc on the body’s immune response, causing inflammation all over the body.

 

Conventional treatments prescribed to treat autoimmune conditions are focused on taming inflammation; these usually include steroids but also some non-steroidal drugs. These drugs often come with unwanted side effects, but research has shown that cannabis can work with the endocannabinoid system through THC and CBD, as well as other cannabinoids, to simulate similar results. In one study for example, we can see the clear association of the endocannabinoid system for neurodegenerative and inflammatory processes seen in Multiple Sclerosis and Amyotrophic Lateral Sclerosis.


There has also been an increasing number of studies proving the efficacy of cannabis for treating several autoimmune conditions.

 

Cannabis For Multiple Sclerosis

 

Multiple sclerosis is one of the autoimmune conditions where a growing number of studies have come out supporting the therapeutic benefits of cannabis for. In a 2024 study, patients with multiple sclerosis reported several improvements in quality of life after using cannabis-based medical products (CBMPs). For the study, British investigators analyzed the impact of cannabis based medicinal products made from either oil or extracts in 141 patients who were enrolled in the UK Medical Cannabis Registry.

 

The researchers then analyzed the changes in patient outcomes after a month, then three and 6 months after. According to the patients themselves, they were able to sustain improvements in their mental and physical health after marijuana therapy.

 

“This case series demonstrates a potential association between the initiation of CBMPs and improved patient reported outcomes in sleep, anxiety, and general HRQoL [health-related quality of life] measures, over six months,” said the study authors. “Additional measures for HRQoL, including various physical and mental health subdomains, also exhibit improvements up to six months when compared to baseline,” the authors concluded.

 

In another study from 2023, patients with multiple sclerosis reported significant improvements in symptoms after cannabis use. For the study, researchers from the Dent Neurologic Institute in Buffalo, New York, analyzed the medical records of 141 patients with multiple sclerosis, who were also legally authorized to consume medical marijuana products. They then analyzed data from the patients after one up to 4 follow-up sessions after the initial session of cannabis therapy. Sixty-five percent of patients consumed 1:1 THC:CBD tinctures.

 

According to the authors: “The results of this study indicate that use of MC [medical cannabis] to alleviate symptoms of MS is largely efficacious, with improvement in pain (72 percent of patients), muscle spasticity (48 percent of patients), and sleep disturbance (40 percent of patients) frequently reported.”

 

“More than half of opioid users at baseline were able to either discontinue or decrease their opioid use after starting MC. The mean daily MME [morphine milligram equivalents] was significantly reduced from the initial visit (51 mg) to the last follow-up visit (40 mg). This is consistent with previous literature showing that MC legalization is associated with decreased opioid use and that MC use is associated with decreased opioid use in patients with chronic pain. These findings indicate that MC may represent an alternative analgesic to opioids for some patients,” they wrote. 

 

Anecdotal Evidence

 

While more studies are needed to determine cannabis’ effect on other autoimmune conditions such as rheumatoid arthritis, we can rely on anecdotal evidence. In 2020, data from the medical journal, Rheumatology, revealed that patients who have this condition, along with those who have lupus and fibromyalgia, consume cannabis.

 

In fact, it was reported that marijuana was extremely common especially for patients with fibromyalgia. “In this meta-analysis, we found that one in six patients suffering from rheumatologic disease actively consumes cannabis, reducing pain reduction… A favorable effect of cannabis on pain in our meta-analysis reinforces the idea that cannabis could be used for analgesic purposes,” the authors concluded.

 

Conclusion

Cannabis is a safe and natural way to help prevent and treat the symptoms of autoimmune disease. It targets inflammation at its root, and is a proven natural way to help cope with stress, pain, insomnia, and inflammation all while protecting the brain. However, it’s important to ensure you medicate with clean, organic sources of marijuana.

 

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