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Legal regulation of medical marijuana: international experience

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 29.05.2024

Legal regulation of medical marijuana: international experience

 

Introduction

Medical marijuana, or cannabis, is used to treat various diseases and alleviate symptoms. Its legalization and regulation have become the subject of active debate in many countries around the world. This article discusses the main aspects of legal regulation of medical marijuana and the global experience in this area.

Key aspects of legal regulation

 

1. 1. Legal framework

Each country has its own approach to regulating medical marijuana, but the main elements of the legislation usually include:

  • Definition of medical indications: The list of diseases and conditions for which medical marijuana is allowed to be used.
  • Licensing and control: Procedures for licensing manufacturers, distributors, and healthcare facilities, as well as product quality control.
  • Prescription procedure: Requirements for prescribing medical marijuana by doctors and issuing appropriate prescriptions.

 

2. Production and distribution

Regulation of the production and distribution of medical marijuana includes:

  • Quality control: Requirements for growing, processing, and packaging a product to ensure its safety and efficacy.
  • Distribution through pharmacies: In most countries, medical marijuana is distributed through licensed pharmacies or specialized medical facilities.

 

3. Protection of patients and doctors

The legislation also aims to protect the rights of patients and doctors, including:

  • The right of patients to access treatment: Guarantees that patients who need medical marijuana will have access to it.
  • Protection of doctors: Legal provisions protecting physicians who prescribe medical marijuana from criminal prosecution.

 

Global experience

 

1. 1.

Canada was one of the first countries to legalize medical marijuana in 2001. The legislation provides for:

  • Licensing of manufacturers and distributors.
  • Issuance of prescriptions by doctors.
  • Product quality control.

 

2. 2.

In the United States, medical marijuana is regulated at the state level. As of 2024, medical marijuana is legalized in more than 30 states. The main provisions include:

  • Licensing of medical institutions and distributors.
  • List of medical indications.
  • Protecting the rights of patients and doctors.

 

3. Israel

Israel is one of the world's leading centers of research in the field of medical marijuana. Israeli legislation provides for:

  • Strict regulation of cultivation and production.
  • Issuing licenses to manufacturers and medical institutions.
  • Active support of scientific research.

 

4. 4. the Netherlands

The Netherlands has one of the most liberal approaches to medical marijuana. The main provisions include:

  • Permission to use medical marijuana for the treatment of various diseases.
  • Legal access through pharmacies.
  • Support for efficacy and safety studies.

 

5. 5.

In Australia, medical marijuana has been legalized since 2016. The legislation includes:

  • Licensing of manufacturers and distributors.
  • Regulation of the prescription order.
  • Product quality control.

 

Conclusion.

Medical marijuana regulation around the world demonstrates a diversity of approaches and experiences. Despite the different legislative models, all countries face similar challenges: the need to ensure product quality and safety, protect the rights of patients and doctors, and create an effective control and licensing system. The experience of Canada, the United States, Israel, the Netherlands, and Australia shows that the implementation of clear and transparent rules can contribute to the successful integration of medical marijuana into national healthcare systems;

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Another important aspect is the support of scientific research that helps to better understand the therapeutic potential of cannabis and improve the methods of its use. Thus, international experience in this area can be a useful reference point for countries that are just starting out on the path to legalizing and regulating medical marijuana.

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