Austria Imports Document Quantity of Medical Weed Whereas Constitutional Challenges Loom


Austria is in an attention-grabbing place with regards to the legalization of hashish proper now. The third nation within the DACH alliance in Europe (which additionally consists of Germany and Switzerland) at present has no legislative path to leisure hashish reform, despite the fact that its two commerce companions are pushing the boundaries of the dialogue within the E.U.

That mentioned, sales of dronabinol are up, yr over yr within the nation, though none of it’s produced domestically. The Austrian Company for Meals and Well being (AGES) grows a number of hundred kilos of medical hashish flower a yr, although all of that is exported—nearly all of which has traditionally crossed the border into Germany—to be made into dronabinol then re-imported.

Thus far, whereas the medical market right here is smaller than the German one, and there may be extra restricted cultivation and no extraction, there are some unlucky similarities. Specifically that sufferers are dealing with a number of challenges to acquiring insurance coverage reimbursement. The quickest assured path in Germany can also be to sue at current, which given the backlog of authorized circumstances, is simply one other excuse for extra gridlock and delay.

In Austria, there’s a transfer afoot to skip all of this and simply go straight to leisure legalization, even when not through the legislature however by authorized problem.

The State of Hashish Reform in Austria

Austrians will not be allowed to devour, purchase, promote, or develop hashish (besides if not allowed to bloom). That mentioned since 2016, possession of small portions of the flower have successfully been decriminalized, with punishment within the type of fines about the identical quantity as a parking violation.

Nevertheless, like different international locations which have repeatedly stalled on reform, the difficulty is shifting ahead within the courts.

A Supreme Courtroom Problem Could Change the Recreation

There’s a potential game-changing case now pending on the nation’s Constitutional Courtroom which is evaluating a personal petition introduced by a 26 yr previous man, Paul Burger, in Vienna. He was caught with a half-burned joint by two undercover cops in 2020. Together with an influence lawyer, Dr. Helmut Graupner, a recognized advocate for civil rights, he stands a great probability of profitable his case. Burger additionally efficiently challenged the nation’s same-sex marriage ban.

Austria’s highest court docket should now consider whether or not the nation’s Narcotics Medication Act is constitutional. The argument earlier than the court docket, just like arguments put earlier than the Mexican Supreme Courtroom, is that private consumption that doesn’t hurt others needs to be protected by the suitable to privateness and self-determination. The argument can also be just like the one behind the legalization of assisted suicide, which has now been allowed in Austria since earlier this yr.

Odd Man Out or Potential Market Chief?

The constitutionality of private entry, possession, and cultivation is a matter that has floated by means of the legalization debate in Europe—however not to this point in such a direct method as within the North American context (see each Canada and Mexico). A authorized problem by Albert Tio in Spain over the entry dialogue when it got here particularly to the golf equipment was refused by the European Courtroom of Human Rights final yr.

Previous to 2017, in Germany, it was clearly sufferers’ authorized challenges which modified the sport, however as quickly as sufferers started to win on a authorized entrance, the Bundestag issued a brand new legislation. Specifically one which mandated that patients could not grow their own—they needed to receive the drug by means of a health care provider’s prescription through a pharmacy, and, so long as the affected person’s situation couldn’t be handled with different medicine, insurers had been required to reimburse.

That mannequin has largely failed, which can also be the explanation that the German authorities is now on monitor to move legalization measures by the top of the yr. Given the truth that the Austrian case is meant to be determined proper across the identical time, it may imply that at the least within the German talking elements of the area, this turns into a authorized and legislative precedent which lastly formalizes leisure hashish reform not solely within the DACH international locations, however the remainder of Europe.

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