Prague – The Czech Republic’s proposal to establish a legal, regulated cannabis market could potentially face legal challenges in the European Court of Justice, warned Jindrich Voboril, the national drug policy coordinator, during the Cannabis Summit conference in Prague. However, he expressed his belief that this was the best course of action, as prohibition has proven ineffective and only leads to increased costs and risks.

Voboril is currently drafting a proposal that includes provisions for domestic and commercial cultivation of cannabis, the creation of recreational cannabis clubs, and licensed sales in shops for individuals over 18 years of age. The introduction of a strictly regulated cannabis market is part of the government’s comprehensive plan to address addiction, which also includes enhanced prevention and treatment measures and higher taxation on addictive substances.

Voboril aims for the bill to be approved by the Chamber of Deputies by the end of the year, with the goal of commencing the regulated market next year. However, given the unique stance of the Czech government among EU member states, it is likely that another country will challenge the measure in the European Court of Justice due to European legislation. Voboril acknowledged that if the Czech Republic loses the lawsuit, which could take years, alternative solutions would need to be explored, although these options would be less favorable.

Voboril provided further details on the proposed changes. Entry into the hemp market would require a paid license, with an estimated annual fee of CZK 50,000 for a 200-square-meter cultivation area and the same amount for vendors. Pharmacies would be allowed to sell cannabis without a fee, while individuals would be permitted to grow it freely at home within an area of up to three square meters.

Voboril indicated that there are currently no plans to limit the number of licenses issued, but discussions within the government coalition are ongoing regarding potential restrictions on the cultivation area per producer to prevent market dominance by a few major players.

Kai-Friedrich Niermann, a German lawyer and expert on European regulation, highlighted the potential challenges surrounding commercial sales of cannabis under international and European law. The 1961 international agreement restricts marijuana distribution to scientific and medical purposes only, although Niermann suggested that withdrawal and rejoining the agreement with a reservation could resolve this issue. Additionally, European legislation prohibits the distribution of marijuana without a reason, but legalization would provide a justifiable reason for sales.

However, Niermann pointed out a potential problem concerning the free movement of goods and services within the EU. If only one country opens its market, it poses a challenge since other countries cannot participate in this market, thus contradicting one of the fundamental pillars of the EU.

While objections to Voboril’s plan have been raised by the junior government Christian Democrats (KDU-CSL), conference organizer Sean Carney emphasized the importance of considering evidence-based facts. He argued that implementing a regulated market would help mitigate harm compared to the current situation where marijuana can easily be purchased on the black market without any assurance of safety or economic benefits for the state.

Article by Prague Forum