Recently, there was news circulating in the media about the supposed "adoption of the Law on Cannabis Legalisation" in Ukraine. However, at present, Ukraine has only taken the first step towards legalising medical cannabis. Specifically, on July 13, the Verkhovna Rada approved the government's Draft Law No. 7457 in the first reading. The Draft Law No. 7457 has sparked numerous controversial discussions in society, which resulted in its consideration by the parliament for over a year, and it only received the support of the Verkhovna Rada Committee on National Health in February 2023. The draft law was endorsed by 268 MPs; however, for it to come into effect, the MPs must approve it in the second reading and then send it for the President's signature. Therefore, the vote for Draft Law No. 7457 in the first reading is just an intermediate stage in the ongoing debate surrounding cannabis legalisation in Ukraine.
Kristina Drogoziuk, a lawyer and expert at the Community Justice Centre in the Odesa Oblast, told Mind what exactly the law may allow, and how it will work when it is finally adopted.
The Bill No. 7457 specifically concerns medical cannabis; thus, the document does not entail the legalisation of marijuana, which causes narcotic addiction.
The cannabis plant contains many different substances, but only two of them are used for medical purposes:
It's worth noting that in the context of allowing the circulation of cannabis in specific spheres, it exclusively refers to hemp plants with an acceptable percentage of THC concentration – the only phytocannabinoid out of more than 120 present in hemp that has a psychoactive effect on humans when consumed regularly in high concentrations.
Considering this, the strictness of control over the circulation of cannabis strains should vary depending on their THC content, which fully aligns with the international legal regulation on this matter.
The existence of the therapeutic effect of CBD and the effectiveness of its medical applications have been confirmed by numerous scientific studies and the conclusions of relevant international institutions. In particular, the Expert Committee on Drug Dependence of the World Health Organization (WHO) published reports in June 2018 and January 2019. Based on analysed data from preclinical and clinical scientific research, they reached a clear conclusion that CBD is not a psychoactive substance. It belongs to natural cannabinoids, does not induce a state of narcotic intoxication, is non-addictive, has no serious side effects, and possesses significant therapeutic potential.
In today's conditions, cannabis-based medications are crucial for the rehabilitation of war veterans, as medical cannabis helps alleviate pain and can be used, in particular, to treat post-traumatic stress disorders resulting from war experiences, both in civilians and military personnel. By the way, the National Security and Defence Council and the Ministry of Veterans Affairs have also urged the Verkhovna Rada to adopt a law on medical cannabis.
Cannabis is used for medical purposes to overcome the consequences of chemotherapy, reduce muscle spasms and seizures, alleviate severe chronic pain, treat nausea, combat anorexia, and address conditions such as Parkinson's disease, Alzheimer's disease, Huntington's disease, and Tourette syndrome. Additionally, it provides relief to terminally ill patients, significantly improving their quality of life. Furthermore, medications based on medical cannabis are particularly beneficial for people with specific types of multiple sclerosis, glaucoma, psoriasis, and other conditions.
It is worth emphasising that over 40 oncologists in Ukraine have expressed their support for the adoption of the bill and have signed a corresponding appeal.
Legally controlled circulation of medical cannabis operates in more than 50 countries worldwide, including Australia, Germany, the Netherlands, France, Poland, Greece, Portugal, Italy, the Czech Republic, Austria, New Zealand, Morocco, Zimbabwe, Rwanda, South Korea, Denmark, Belgium, Norway, Israel, the United Kingdom, the United States, Canada, and others.
In the Netherlands, the sale and use of cannabis have been tolerated since 1976, but cultivating this plant remains illegal.
In 2014, Uruguay became the first country to fully legalise the production, sale, and recreational use of marijuana.
In Uruguay, individuals can purchase up to 40 grams per month from approved pharmacies or grow it themselves. However, cannabis consumers must first register with the authorities and provide access to track their purchases. Once registered, consumers can form clubs of 15 to 45 members to cultivate cannabis collectively. Together, these clubs can grow up to 99 plants in one location.
What's interesting is that Uruguay exempts cannabis from taxes that would apply to agricultural products, only introducing a value-added tax for sales.
In the United States, federal law prohibits the cultivation, sale, and use of cannabis, but 18 states (including the District of Columbia, Washington, California, Colorado, and others) have already legalised marijuana for recreational use. This has resulted in a reduction in violent crimes in states bordering Mexico. In October 2022, President Joe Biden granted clemency to thousands of Americans convicted of marijuana possession.
In Canada, which became the second country in the world to legalise recreational cannabis use in 2018, individuals can possess up to 30 grams and grow up to four plants for personal use. While certain rules for cannabis use are set at the legislative level, the country's 13 provinces maintain a significant degree of autonomy to establish their own local regulations. This means that, for example, the locations where customers can purchase cannabis may vary depending on the consumers' location.
In December 2021, Malta became the first member of the European Union to legalise cannabis for personal use. Adults are allowed to carry up to 7 grams and grow up to four plants at home. However, using the substance around children or in public places is prohibited.
In Poland, medical marijuana is fully legal, but its sale is only allowed with a doctor's prescription in specialised pharmacies. Everyday use of cannabis is prohibited, and cultivation and/or possession of recreational cannabis are considered criminal offences. According to Article 62 of the Act on Counteracting Drug Addiction (art. 62 Ustawy o przeciwdziałaniu narkomanii), this can lead to up to 10 years of imprisonment.
In the United Kingdom, recreational use of cannabis is prohibited. However, it is allowed for medical purposes with a doctor's prescription in cases of severe nausea caused by oncological diseases or multiple sclerosis.
In Spain, there is no legislative permission for the sale of medical marijuana, thus Spanish doctors cannot prescribe it. However, growing cannabis for private use at home is allowed. Nevertheless, in Spain, there are still numerous cannabis social clubs, despite the fact that selling or using it in public places is prohibited (public use can result in a fine of up to 30,000 euros). Interestingly, patients who use marijuana for medical purposes turn to these same cannabis clubs. Legally, these clubs are only allowed to provide cannabis for personal consumption in limited quantities. In practice, visitors pay for owning a part of the club rather than buying marijuana, which allows them to avoid punishment for selling marijuana.