Legalization of medical cannabis, discussed in Parliament

How does this approach influence the CBD market in Romania?

Patients with chronic terminal illnesses would have access for the first time, in Romania, to cannabis-based sedatives.

The bill was submitted to Parliament in 2019, after starting with the civic initiative – a petition launched by a young woman whose mother died of cancer. This petition managed to collect 20,000 signatures.
The legislative initiative was taken by two PSD deputies and a USR deputy and signed by another 100 parliamentarians.

The project was tacitly adopted by the Senate and reached the Chamber of Deputies where today it will be discussed in one of the specialized commissions.
In order to be adopted, however, it must reach the vote in the plenary of the Chamber of Deputies and, obviously, receive a favorable vote.

As we well know, the presence of cannabis in Romania remains controversial, and the law is uncertain, constantly changing.
It seems that more and more people are discovering the benefits of CBD oil, and the desire to use and market it is growing.

A new press release from the Research and Development Institute for Food Bioresources (IBA Bucharest) brings to the fore a clarification of the position of this type of product.

On 13 February 2019, the European Parliament adopted a resolution on the use of cannabis for medicinal purposes, with MEPs calling on the European Commission to draw up a “legal definition of medical cannabis” and a clear distinction between cannabis-based medicines and other ways of using cannabis. (for example recreational or industrial purpose), which has not materialized, so far, in an official document.

This situation was also taken into account by the Romanian Parliament, where a draft law on medical cannabis was submitted (currently under debate), which brings amendments and completions to both Law 339/2005 on the legal regime of plants, substances and preparations narcotics and psychotropic drugs, as well as Law 143/2000 on combating illicit drug trafficking and consumption.

What does the IBA say about CBD and THC?

Cannabidiol is an active compound in the hemp plant that has no psychoactive effects, is not addictive and is effective in treating some forms of epilepsy such as Lennox-Gastaut syndrome (a severe form of epileptic encephalopathy and Darvet syndrome (a form of epilepsy in children with a high mortality rate), as they are resistant to other forms of medication. which is already marketed in 17 EU Member States.

The THC content of hemp-based preparations has generated controversy among authorities (drugs vs. medicines vs. foodstuffs) and has limited their consumption for food or medicinal purposes, which is why, depending on the category in which they are classified, hemp preparations / extracts cannabis are subject to specific legal requirements.

In order to assess the degree of THC exposure of consumers of hemp-based food products, EFSA processed the results of the monitoring for 3 years (over 1800 analyzes carried out in EU Member States in the period 2016-2018) of a number of 13 categories of hemp-based foods marketed in EU Member States, concluding that a daily consumption of 1 microgram / Kgcorp of THC does not induce psychotropic effects and does not involve health risks for human consumption. ”
Although, these statements are mentioned in the most recent communiqué, in Romania the LEGAL CONCENTRATION OF THC REMAINS 0 (ZERO)!

Let us recall the article in which we addressed the issue of former directors of a company for the marketing and distribution of electronic cigarettes with cannabidiol oil, produced in the Czech Republic from hemp plants grown legally and used in their entirety, including leaves and of flowers. The oil was later imported into France to be packaged in electronic cigarette cartridges.

Criminal proceedings have been instituted against them, as, under French law, only hemp fiber and seeds may be used commercially. Sentenced by the Court of Correctionnel de Marseille (Correctional Court of Marseille, France) to 18 months and 15 months suspended imprisonment and a fine of EUR 10 000, they appealed to the Cour d’appel d’Aix-en- Provence (Court of Appeal of Aix-en-Provence, France). This court therefore raises the issue of compliance with French law with European Union law, which prohibits the marketing of CBD legally produced in another Member State when it is extracted from the cannabis sativa plant in its entirety, and not only from its fibers and seeds.

We thus arrive at the IBA statement which states that “starting with April 19, 2020, Reg. (EU) 2019/515 on the mutual recognition of goods lawfully marketed in another Member State, which makes it possible to enter the Romanian market any hemp-based food product lawfully marketed in another EU Member State, regardless of whether it corresponds or not to the requirements of the national legal framework, the operator being the one who by completing the Declaration of Mutual Recognition and providing information on the legality of marketing in another EU Member State assumes sole responsibility for the quality and safety of the product placed on the market.

While debates about the position of cannabis and products that include this active substance are still under analysis in Romania, we know that the rules related to quality, provenance, concentration (THC = 0) , banned substances (THC = 0) must be observed by both the manufacturer and user, but also that new positive changes in cannabidiol use may occur.

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