Subject: Cannabis in the City: Bottom up policy reform for cannabis regulation

Cannabis in the City: Bottom up policy reform for cannabis regulation
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Dear reader,

For years, several European countries have been known for their lenient enforcement practices with regard to cannabis use. But in terms of legal reforms, Europe seems to be lagging behind the Americas. Cities and local authorities in some European countries often feel shackled by national law, preventing them from advancing substantively in cannabis policy reform.
Amsterdam is home to the majority of cannabis coffeeshops in the Netherlands. Photo credit: Coffeeshoprelax

Nevertheless, more and more cities and regional authorities in Europe are embracing innovative practices to mitigate risks associated with cannabis use and trade – from scientific pilot projects in Zürich (Switzerland) to municipal legislations for cannabis social clubs in Girona (Spain). However, they are confronted by opposition at the national level and impediments in legislation to move forward.
Why hasn’t any European country legalised recreational cannabis?
National governments in Europe are bound by international obligations – the United Nations (UN) drug-control conventions and European Union (EU) legislation – which limit their room for manoeuvre particularly regarding the supply of (non-medicinal) cannabis.

Source: Cannabis in the City: Bottom up policy reform for cannabis regulation (Policy briefing).
A study of six European countries (Belgium, Denmark, Germany, the Netherlands, Spain and Switzerland) revealed a great diversity of initiatives at the municipal and regional level, responding to the ‘deadlock’ in recreational cannabis regulation.

Municipal cannabis regulations for non-profit cannabis associations
By 2018, around 25 municipalities in Spain had adopted local regulations for Cannabis Social Clubs (CSC), to fill legislative gaps around non-criminal supply of recreational cannabis. These regulations concern various aspects of production and distribution, for instance by permitting only outdoor cultivation, and by imposing a daily or weekly restriction of consumption for members. However, the Supreme Court has annulled the Municipal Ordinance of San Sebastián on the grounds that a municipality "is not competent to regulate that matter".

Source: Cannabis Regulation in Europe: Country Report Spain
Initiatives for legal regulation based on the CSC model have also been put forward in Belgium. However, recent crackdowns on CSCs have threatened their very existence in the country, further complicated by the rise of the war on drugs in larger cities like Antwerp. Similarly, prohibitionist practices prevail in Denmark.

Beyond medicinal cannabis: The future of legal cannabis regulation in Europe
To date, Luxembourg and Malta are the only countries in Europe that have officially announced their intention to follow Uruguay and Canada’s footsteps with regard to nationwide cannabis regulation. In the meantime, a dozen of European countries have implemented forms of legal regulation for medicinal cannabis. But there is a clear need (and potential) to expand beyond this narrow sector.

Source: Cannabis in the City: Developments in local cannabis regulation in Europe (Report)
While the Netherlands and Spain already have semi-legal non-medical dispensary systems on which future legal regulation might be built, local authorities in countries such as Belgium, Germany, Denmark, and Switzerland have to start from scratch. Nonetheless, regulatory proposals are being developed by a range of actors such as (local) politicians, academics, and civil society organisations. Learn more about what they entail from this policy briefing, or dive deeper into this longer report.

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What we’re reading
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    Why No Human Rights Section in 2019 UNODC World Drug Report? (Filter)

    How do we eliminate the cannabis black market? License it (National Magazine)
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    WHO Criticized for Withdrawing Opioid Guidelines (PNN)

    Formed in 1996, the TNI Drugs & Democracy programme explores the underlying causes of drug production and consumption and advocates for evidence-based policies that respect the human rights of producers and consumers.

     
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