EKIP– Expert Club for Economics and Politics A Different Opinion
The article was translated by Drugreporter.hu
Original in English.
Yes, it’s true – since February 2016, Macedonia has legalized medical weed. The law covers the production of cannabis by legal entities, which then supply companies dealing with plant-based medical products. What is happening surprises everyone, especially considering the intolerant attitude of the Macedonian government towards people who use drugs and marginalized minority groups. Still, the new law confirmed the suspicion that we can really expect anything when it comes to drugs from a government like theirs. For example, a few years ago, when Bolivia asked the UN to allow the cultivation of coca leaves, Macedonia was one of the 4 countries that rejected the proposal and the objections of the Bolivians.
It must be said from the very beginning that the law is far from ideal. Its adoption was devoid of any transparency, and its drafting took place without the participation of civil society. The law was not presented during the two debates on this issue, and non-governmental organizations operating in this field were not invited to participate. The draft law began its movement through the various floors of the parliament immediately after its writing, without the opportunity for analysis and discussion.
Conflicting goals in the law and its amendments
The first comment is related to the fact that medical cannabis was legalized through amendments and additions to the existing Law on the Control of Opiates and Psychotropic Substances, instead of adopting a new law or correcting healthcare-related legislation.
The current law aims to stop the abuse of narcotic substances, as well as the illegal production and trade of prohibited plants and substances. On the other hand, its amendments aim to regulate medical cannabis, not as “cultivation and production of cannabis for the purpose of producing narcotic drugs” as stated in the new chapter of the Amendments. Therefore, we believe that there is a need for a separate law that would take into account the specifics of the plant and the numerous studies on its effects on the human body, as has been done in the legislation of a number of countries that have regulated medical cannabis.
The Amendments add the phrase “and/or cannabis” to the existing provisions regulating the production and distribution of the poppy plant. Thus, the law treats the two substances as “equal”, and further introduces stricter sanctions in an additional chapter, i.e. the regime for growing cannabis is more severe than that for growing opium poppy.
Cannabis as medicine
Unlike the regulation of other drugs, the Supplements (to the Narcotics Act) also provide that specialists can prescribe this drug. These can be civil servants who work in hospitals and are specialists in neurology, oncology, radiotherapy and infectious diseases. The regulation of specialists prescribing cannabis is a matter more appropriately regulated in the Pharmaceutical Act, not the Narcotics Act. If the purpose was to use the Supplements to regulate medical cannabis, then there should be no restrictions in which areas of medicine it can be used. For its part, the Ministry of Health should provide for all health conditions for which cannabis is known to help, and remove restrictions on use only in some specific areas.
The amendments also restrict the prescription of herbal medicine to be issued only by specialists engaged in the public sector, which is a violation of the right of patients to choose the methods and specialists who will treat them. Patients have the right to choose between private and public health institutions and this right must be guaranteed as equal access to medicines. In fact, private health institutions also provide public health services and there is no legal restriction on the application of certain procedures only in the public sphere.
Cannabis cultivation
The amendments aim to apply almost the same conditions to the cultivation of cannabis and opium poppy. However, a closer look at the licensing requirements (procedure, ensuring workplace safety, etc.) clearly reveals the significantly stricter conditions that are applied to cannabis producers.
The first difference is that individuals are not legally allowed to cultivate cannabis, although they are allowed to cultivate opium poppies. Farmers who grow poppies can register with the relevant ministry within fifteen days of sowing, while cannabis growers must obtain an explicit permit from the Ministry of Health and approval from the Government before sowing. This unnecessarily delays the procedure without reasonable justification.
Requirements for legal entities
The requirements for legal entities seeking a license to grow cannabis are set by law. The criterion stipulates that each legal entity must have the capacity to grow, but also to store (dry) its production. Legal entities must employ at least 4 employees, including a pharmacist and an agronomist with at least 3 years of experience. Again, the licensing system for poppy plantations does not provide for such restrictions.
In terms of security requirements, the Amendments require the separation of cannabis cultivation areas from the atmosphere, without any justification. Furthermore, the area must be enclosed by a 4-meter fence, ending with 3 rows of barbed wire. An additional burden for businesses is the requirement for 24-hour video surveillance of the entire area and the appointment of security guards. These requirements represent a significant financial barrier to entry into this industry.
Criminal provisions – criminalization of cannabis for personal use
The Amendments also introduce criminal provisions, such as more serious sentences for offenders who are employed in the legal cannabis business, which again do not apply to cultivators of poppy or other controlled substances. Article 95-e provides for imprisonment of 1 to 5 years for anyone employed by a legal entity who stores or transports cannabis seeds, flowers and leaves for personal use. For the first time, this provision criminalizes cannabis for personal use. The current Penal Code does not prosecute possession for personal purposes and such a measure violates the human rights of people who use substances.
In 2014, the World Health Organization recommended that all UN member states review their drug policies and recommended legalization and decriminalization of personal possession. The amendments in Macedonia conflict with these recommendations.
