On December 21, 2023, the Verkhovna Rada adopted the draft law No. 7457 on medical cannabis in the second reading.

This draft law regulates the circulation of cannabis only in medical, industrial, and scientific activities. The document simplifies the medical use of cannabis-based medicines and instructs the government to expand the list of drugs.

 

Svyatoslav Sheremet, an expert at the National LGBTI Consortium, expressed his opinion on the draft law on the legalization of medical cannabis and civil partnerships for same-sex couples. He argues that these two initiatives are part of a progressive agenda that seeks to recognize and protect what “already exists in society but does not have legal status.”

 

He notes that the support of medical cannabis (draft law 7457) by the majority of MPs, except for the Batkivshchyna faction, indicates that the Rada has the potential to pass other reform laws. He names the following among them:

 

• “HIV decriminalization” – Draft Law 9398, which provides for the abolition of criminal liability for interaction with other people based on HIV-positive status, except in cases of intentional infection.

 

•  #ANTIHATE – Draft law 5488, proposed by the government, which aims to establish liability for crimes motivated by intolerance towards various groups of people, such as LGBTI, national minorities, believers, etc.

 

•  Registered Domestic Partnerships for Same-Sex Couples – Bill 9103 or similar, to be introduced by the government, which aims to recognize and protect the family relationships of same-sex couples.

 

• “Porn decriminalization” – Draft Law 9623, which aims to legalize the controlled circulation of intimate content, such as pornographic content, and to remove criminal liability from its creators for production and/or distribution.

 

But let’s get back to cannabis. This news has caused a lot of reactions among the public, particularly among patients who need such medicines to alleviate their condition. Medical cannabis can help people with cancer, epilepsy, multiple sclerosis, Alzheimer’s, Parkinson’s, psoriasis, depression, and post-traumatic stress disorder.

 

However, does this Law really allow patients to access medical cannabis in Ukraine? Do any significant shortcomings and discrepancies make it impossible to apply it effectively? Doesn’t it need to be finalized and improved to meet the real needs of patients and the requirements of legal technique?

 

In this article, we will try to understand these issues using the analysis of the draft law and information from open sources.

 

What does Draft Law No. 7457 provide for?

Draft Law No. 7457 amends the Law of Ukraine “On Narcotic Drugs, Psychotropic Substances and Precursors” of May 15, 1995. It provides for the following main provisions:

 

• The Law distinguishes between hemp for medical purposes, its derivative products, cannabis plant substances, and other types of hemp containing psychoactive substances.

 

• The Law defines the conditions and procedures for obtaining licenses for the cultivation, production, storage, transportation, sale, import, export, and shipment of hemp for medical purposes, its processed products, and cannabis plant substance.

 

• The Law establishes an obligation for business entities engaged in the circulation of hemp for medical purposes, products of its processing, and cannabis plant substances to keep records to ensure control and traceability at all stages of such circulation.

 

• The circulation of cannabis for medical purposes, products of their processing, cannabis plant substance for educational purposes, educational, scientific, and scientific-technical activities, production (manufacturing) of narcotic drugs, psychotropic substances, and medicines for further use in medical practice following the requirements of this Law is allowed.

 

• It defines the requirements for medicinal products containing hemp for medical purposes, products of its processing, and cannabis plant substances. Such medicinal products must be registered in Ukraine, be of proper quality, safety, and efficacy, be produced only in the form of a medicinal product, and have instructions for use and labeling.

 

• Establishes the procedure for prescribing and issuing prescriptions for medicinal products containing hemp for medical purposes, products of its processing, and cannabis plant substance. Such drugs can be given only by doctors with special certification and permission to prescribe such medicines.

 

• It is expected that the Cabinet of Ministers of Ukraine will approve a list of diseases for which medicines containing hemp for medical purposes, products of its processing, and cannabis plant substances may be prescribed.

 

• The Ministry of Health of Ukraine undertakes to ensure the availability and quality of medicines containing hemp for medical purposes, products of their processing, and cannabis plant substances for patients who need such treatment.

 

What are the problems with Draft Law No. 7457?

Although draft Law No. 7457 has positive aspects, it also contains many problems that may prevent its effective implementation. Some of them are:

• Uncertainty and vagueness of some concepts and terms. For example, the draft law does not define what “hemp for medical purposes,” “products of its processing,” or “cannabis plant substance” are. It is also unclear how to distinguish these types of hemp from others that contain psychoactive substances.

 

• Discrepancies and contradictions between different articles of the draft law. For example, Article 2 allows the circulation of hemp for medical purposes, products of its processing, and cannabis plant substance only for training, educational, scientific, and production purposes but does not mention medical use. Whereas Article 21 allows the medical use of medicinal products containing these types of cannabis, but only in the form of a medicinal product. This creates uncertainty and confusion about who, how, and under what conditions can access medical cannabis.

 

• Insufficient and unrealistic requirements and procedures. For example, the draft law requires that medicinal products containing hemp for medical purposes, its derivatives, and cannabis plant substances be registered in Ukraine. However, there are currently no such medicinal products in Ukraine, and their registration process is complicated, time-consuming, and expensive.

 

How to improve Draft Law No. 7457?

Given the above problems, Draft Law No. 7457 needs further development and improvement to meet patients’ real needs and legal technique requirements. Some of the possible suggestions for its improvement are as follows:

 

• Define and harmonize the concepts and terms used in the draft law, including “hemp for medical purposes,” “products of its processing,” and “cannabis plant substance.” Also, to establish criteria and methods for distinguishing these types of hemp from others containing psychoactive substances.

 

• Eliminate discrepancies and contradictions between different articles of the draft law. For example, add exceptions to Article 2 for the medical use of hemp for medical purposes, its derivatives, and cannabis plant material, referring to Articles 16 (development) and 21 (medical use). Also, to clarify that medicinal products containing these types of cannabis may be produced not only in the form of a drug but also in the form of a cannabis plant substance, if necessary, for treatment.

 

• Reduce and simplify specific requirements and procedures related to the circulation and use of cannabis for medical purposes, its derivative products, and cannabis plant material. For example, to allow the registration and use of medicinal products containing these types of cannabis if they are already registered in other countries with medical cannabis legislation.

 

What are the benefits of an improved medical cannabis law?

If the Draft Law No. 7457 is finalized and improved with the above suggestions, it will have the following advantages:

 

• It will comply with legal technique requirements, providing certainty and clarity of concepts, terms, rules, and procedures related to the circulation and use of medical cannabis.

 

• It will take into account the real needs and interests of patients who need medical cannabis to alleviate their condition, ensuring that such treatment is accessible, high-quality, and safe.

 

• It will promote the development of medical, scientific, and industrial activities related to the cultivation, production, development, and use of hemp for medical purposes, its processed products, and its cannabis plant substance.

 

• It will facilitate the decentralization and demonopolization of the medical cannabis market, allowing the participation of various business entities with the appropriate licenses and permits and promoting competition and innovation in this area.

 

• It will contribute to reducing the illicit trafficking and use of cannabis-containing psychoactive substances, as well as to reducing the social and health consequences associated with its abuse.

 

Conclusion.

The Law on medical cannabis in Ukraine is an essential step towards recognizing and protecting the rights of patients in need of such treatment. However, this Law needs further development and improvement to be clear, defined, realistic, and practical. Only then will it be able to benefit not only patients but also society as a whole.