Marching Forward to Cannabis Reforms: Czech Republic Tackles EU Hurdles Head-on

Emerging as the primary flagbearer in the race to advance cannabis reform, the Czech government battles against one significant hurdle before its proposed unveiling of an adult-use cannabis market. A key pro-cannabis politician pinpointed this obstacle: the 1995 Schengen Agreement, which mandates free movement in the 27-member European Union (EU).

Key Takeaways

• The Czech Republic is spearheading cannabis reform in Europe.
• The Schengen Agreement is seen as a major barrier for countries seeking to legalize cannabis.
• The nation is targeting amending the agreement to facilitate legalization across the EU.
• Regulatory pathways have been suggested that adhere to Schengen clauses, aiding the establishment of an adult cannabis market.

“While the crusade for legislation change is a country-specific affair, the ultimate aim is to affect changes in the Schengen Agreement that can make legalisation a reality across the Union,” says Mikuláš Peksa, the Chairperson of the European Pirate Party, in a conversation with Business of Cannabis.

The Schengen Agreement, enforced in 1995, ensures the free trade of goods, capital, services, and people. While opting out of this agreement is challenging, exceptions have previously occurred. Several regulatory avenues could allow EU members to successfully create an adult-use cannabis market while aligning with Schengen, as mentioned in a recent paper.

The paper, co-penned by Kenzi Riboulet-Zemouli, a prominent European cannabis researcher, and Benjamin-Alexandre Jeanroy of Paris-based Augur Associates, views non-medical cannabis products as ‘goods.’ As such, according to the pair, they fall under the general internal market rules and have the green light for unimpeded trade across borders. Nevertheless, individual States maintain the right to limit imports under Article 36 of The Treaty on the Functioning of the European Union (TFEU).

Peksa also indicated the conservative nature of the European Commission presents short-term hurdles to such changes. However, with the upcoming European parliamentary elections in 2024, he espouses optimism for a more liberal European Commission better poised to support the decriminalization of cannabis.

The enduring tug-of-war between the Czech Republic and the European Commission could heighten if the former surges ahead with its comprehensive reform plans. The Federal Drug Commissioner of the Czech Republic, Jindřich Vobořil, has vocalized intentions to proceed with establishing a legal, commercial adult-use cannabis market. Although this might trigger a prolonged legal process at the European Court of Justice, Vobořil is of the opinion that by the time of that decision, the cannabis industry will have gained firm footing and couldn’t be dismantled.

What BRITISH CANNABIS™ has to say

Armed with a resilient spirit, the Czech Republic is leading the cause of cannabis reform in Europe against all odds. Although the Schengen Agreement might pose certain constraints, the potential avenues explored in recent studies could pave the way for fruitful reforms. These developments shall not only reshape the cannabis landscape in the European Union but also have lasting global echoes. The unfolding scenario underlines the exigency for harmonised legislative changes that support a sustainable cannabis industry whilst respecting international agreements and norms.