Cannnabis Legislation
Hemp
A Technical Guide: Cannabis, Related Products and Control Mechanisms
Dave Alexander Drug Control Officer Drug Control Secretariat 2019
Medical marijuana THC
CBD
A Technical Guide: Cannabis, Related Products and Control Mechanisms
Author: Dave Alexander, Drug Control Officer, Drug Control Secretariat
Edited: Elizabeth Japal, Assistant Drug Avoidance Officer
Published by: Drug Control Secretariat Ministry of Education, Human Resource Development and Religious Affairs Botanical Gardens Tanteen St. George’s Grenada Telephone: 1-473-440-7911 E-mail: [email protected] [email protected] Website: www.gov.gd/ncodc.html
June 2019 Data from this publication may be reproduced with acknowledgement from source.
Reference as: A Technical Guide: Cannabis, Related Products and Control Mechanisms
Designed by the Drug Control Secretariat
2 A Technical Guide: Cannabis, Related Products and Control Mechanisms
Contents
Introduction; A Technical Guide: Cannabis, Related Products and Control Mechanisms ...... 5
Brief Historical Perspective on Cannabis ...... 6
United Nations Conventions on Drugs ...... 8
Federal Restriction on Cannabis ...... 13
Cannabis and Legislation in the Caribbean ...... 14
Cannabis Plant Types/Species ...... 19
Cannabis ...... 20
Hemp ...... 21
Cannabinoids ...... 23
Cannabidiol (CBD) Oil ...... 25
Hemp Oil ...... 27
Cannabinol Derivatives ...... 28
Hybrids ...... 29
Medical Marijuana ...... 30
Cannabis Edibles ...... 38
3 A Technical Guide: Cannabis, Related Products and Control Mechanisms
Bidi ...... 39
Conclusion ...... 41
Bibliography ...... 42
Appendix ...... 45
4 A Technical Guide: Cannabis, Related Products and Control Mechanisms
Introduction;
A Technical Guide: Cannabis, Related Products and Control Mechanisms
‘A Technical Guide: Cannabis, Related Products and Control Mechanisms’, The Technical
Guide presents a brief history of cannabis and its early use. It also outlines the introduction of the cannabis plant, in the Caribbean, including Grenada, in the post-emancipation era. The document also examines legal and regulatory frameworks, including the international conventions of the United Nations on narcotic drugs, psychotropic substances and drug trafficking, with emphasis on cannabis. The legal status of cannabis in the Caribbean and legislation enacted in this regard is also discussed.
The paper also describes the main types of cannabis species, and sets out a description of definitions and explanations of terms used in relation to cannabis and related matters. It seeks to clarify some misconceptions relating to cannabis and its derivatives. It also discusses the issue of medical marijuana, and cannabis-based products used for medicinal purposes, in the United
States, Europe and some Caribbean countries. It presents examples of the legal mechanism used by selected countries to permit the use of medical marijuana and related products.
The document does not discuss the pros and cons of legalization or decriminalization of cannabis, nor endorses a position on the matter. While it discusses issues in relation to medical marijuana, it does not endorse or propose any position on the subject.
5 A Technical Guide: Cannabis, Related Products and Control Mechanisms
Brief Historical Perspective on Cannabis
Cannabis plants evolved about 12,000 BC. Cannabis, also known as marijuana, has a long history of human use. Most ancient cultures grew the cannabis plant as herbal medicine.
The oldest evidence of marijuana being used recreationally comes from an ancient Greek historian named Herodotus (484–425 BC). Herodotus described how people of an Eurasian society called the Scythians inhaled the vapor of cannabis seeds and flowers thrown on heated rocks. Burnt cannabis seeds have been found in the graves of shamans in China and
Siberia from as early as 500 BC.
Cannabis cultivation in the United States can be traced to the early colonists, who grew hemp to produce products such as textiles and rope. These early hemp plants had very low levels of tetrahydrocannabinol (THC), the chemical responsible for marijuana’s mind-altering effects.
In his book, ‘Background to Drug Abuse in Jamaica’, 1988, Barry Chevannes, stated that cannabis was introduced to the Caribbean in 1838, by the Indentured workers from the India, to provide agricultural labour after the abolition of slavery in 1834. The colonialists believed that the use of marijuana among East Indians increased productivity and overall morale. As a consequence, smoking marijuana became a habit of the working class, though not extremely popular, but always available.
6 A Technical Guide: Cannabis, Related Products and Control Mechanisms
Members from the majority population of African descent in Jamaica, who were politically disenfranchised, economically marginalized and socially disaffected, appropriated ganja to celebrate their non-European heritage.
Meanwhile, cannabis was introduced to Grenada by Indian indentured workers who first arrived in the country on 1 May 1857 to work on plantations. They referred to cannabis as "ganja" and used the intoxicant to prepare ‘bhang’, which they would consume to relax after working on the plantations.1
1 Bhang is an edible preparation of cannabis.
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United Nations Conventions on Drugs
There are three (3) main international conventions on which regulate narcotic drugs and psychotropic substances, in areas such as manufacture, production, cultivation, legal framework, and drug trafficking.
Single Convention on Narcotic Drugs, 1961 as amended by the 1972 Protocol
The Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, consolidated all previous conventions and streamlined the international drug control machinery.
The 1961 Convention establishes strict controls on the cultivation of opium poppy, coca bush, cannabis plant and their products, which, in the Convention, are described as "narcotic drugs"
(although cocaine is a stimulant drug rather than one that induces sleep). The convention establishes a framework for the international control of narcotic drugs.
Cannabis and cannabis resin and included in the lists of drugs which are under international control, in the United Nations Single Convention on Narcotic Drugs of 1961. Cannabis and cannabis resin are listed in Schedules I and IV of the Convention.2 Cannabis was placed under the heaviest control regime in the Convention, Schedule IV. The schedules group substances according to their therapeutic value and risk to public health. The argument for placing cannabis in in that category was that it was widely abused. Schedule IV is the most restrictive category of
2 Schedule IV means the drug, which is already in Schedule I, is particularly liable to abuse and to produce ill effects, and such liability is not offset by substantial therapeutic advantages. Schedule IV includes dangerous substances with extremely limited or no medical value.
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a 1961 convention. The inclusion of cannabis in Schedule IV makes it very difficult to trade for medicinal purposes.
The World Health Organization (WHO) proposed to the United Nations, in January 2019, the rescheduling cannabis, to take account of the growing evidence for medical applications of the drug. The United Nations Commission on Narcotic Drugs (CND) did not vote on the WHO’s cannabis rescheduling recommendations at its 62nd session of the Commission, held in March
2019, in Vienna, Austria.
According to Article 28, ‘Control of Cannabis’, of the United Nations Single Convention on
Narcotic Drugs, 1961, similar restrictions apply for the cultivation of cannabis, as those for the cultivation of opium poppy. The Article states:
1. If a Party permits the cultivation of the cannabis plant for the production of cannabis or
cannabis resin, it shall apply thereto the system of controls as provided in article 23
respecting the control of the opium poppy.
2. This Convention shall not apply to the cultivation of the cannabis plant exclusively for
industrial purposes (fibre and seed) or horticultural purposes.
3. The Parties shall adopt such measures as may be necessary to prevent the misuse of, and
illicit traffic in, the leaves of the cannabis plant.
Meanwhile, Article 23, ‘National Opium Agencies’, states:
9 A Technical Guide: Cannabis, Related Products and Control Mechanisms
1. A Party that permits the cultivation of the opium poppy for the production of opium shall
establish, if it has not already done so, and maintain, one or more government agencies
(hereafter in this article referred to as the Agency) to carry out the functions required
under this article.
In its 2018 report, entitled, Report of the International Narcotics Control Board [INCB] for
2018’, the INCB reiterated that the, ‘1961 Convention limits the use of cannabis exclusively to medical and scientific purposes, as a fundamental principle that lies at the heart of the international drug control legal framework and that cannot be derogated from’.
One hundred and eighty-six (186) States are parties to the Convention. Grenada acceded to the
Convention on 19 August 1998.
United Nations Convention on Psychotropic Substances, 1971
The United Nations Convention on Psychotropic Substances 1971, was adopted to limit the diversion and abuse of certain psychotropic substances, such as central nervous stimulants, sedative-hypnotics and hallucinogens, which had resulted in public health and social problems in some countries.
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Tetrahydrocannabinol (THC) is classified in Schedule I, of the United Nations Convention on
Psychotropic Substances, 1971.3 Delta-9-tetrahydrocannabinol is classified in Schedule II.4
One hundred and eighty-four (184) States are parties to the Convention. Grenada acceded to the
Convention on 25 April 1989.5
United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, 1988
The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, 1988, provides comprehensive measures against drug trafficking, including provisions against money laundering and the diversion of precursor chemicals. It provides for international cooperation through, extradition of drug traffickers, controlled deliveries and transfer of proceedings and other areas. It also makes provisions for parties to control drug trafficking.
Article 3, ‘Offences and sanctions’ states
1. Each Party shall adopt such measures as may be necessary to establish as criminal
offences under its domestic law, when committed intentionally:
3 Schedule I refers to substances that are especially serious risk to public health and limited, if any therapeutic usefulness. 4 Schedule II refers to substances with substantial risk to public health and little to moderate therapeutic usefulness. 5 Accession is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification. Accession usually occurs after the treaty has entered into force.
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(a) (i) The production, manufacture, extraction; preparation, offering, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation or exportation of any narcotic drug or any psychotropic substance contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971
Convention;
(ii) The cultivation of opium poppy, coca bush or cannabis plant for the purpose of the production of narcotic drugs contrary to the provisions of the 1961 Convention and the 1961
Convention as amended;6
(iii) The possession or purchase of any narcotic drug or psychotropic substance for the purpose of any of the activities enumerated in (i) above;
One hundred and eighty-nine (189) States and the European Union are parties to the Convention.
Grenada acceded to the convention on December 10, 1990.
6 Cannabis plant means any plant of the genus Cannabis (United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988)
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Federal Restriction on Cannabis
In the United States, cannabis and tetrahydrocannabinols is listed as a schedule I drug, in the
Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, more commonly known as the Controlled Substances Act, 1971. Schedule I drugs, substances, or chemicals are defined as drugs with High abuse potential with no accepted medical use; medications within this schedule may not be prescribed, dispensed, or administered.
Although some states have passed laws allowing for the medical or recreational use of marijuana. These state laws do not alter the fact that marijuana remains a Schedule I medication under federal law.
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Cannabis and Legislation in the Caribbean
The cannabis proliferation of the production and consumption of cannabis in the Caribbean can be traced to a series of important epiphanies that occurred between the 1930’s and 1960’s, summarized as follows:
i. Ideas of Marcus Garvey (1887-1940).
ii. Practices of Leonard Percival Howell.
iii. Founding of the Rastafarianism movement/religion in the 1930’s in Jamaica.
iv. Coronation of Ras Tafari Makonnen, (2 November 1930 who became known as Emperor
Haile Selassie. Some saw this as fulfillment of a biblical prophecy. (Second Advent)
v. Rise of reggae superstar Robert (Bob) Nestor Marley; linkage of marijuana use and
music.
vi. Writings of Dr. Walter Rodney, a Guyanese national, author, and professor at the
University of the West Indies. Rodney's encounters with the Rastafarians in Jamaica in
1968, were published entitled, "Grounding with My Brothers," in 1969, that became a
14 A Technical Guide: Cannabis, Related Products and Control Mechanisms
bible for the Caribbean Black Power Movement. This gave support to the cause of the
Rastafarians. Rodney did not promote marijuana use.
vii. Combination of the Black Power Movement and Rastafarian teachings, both philosophies
spread rapidly to various Caribbean nations, including Guyana, Trinidad and Tobago,
Dominica and Grenada.
The United Nations Office on Drugs and Crime (UNODC) reported in its 2018 World Drug
Report, 4.682 tons of cannabis was seized globally, a decrease of 1 percent. According to the
Report, the largest quantity of cannabis seized in 2016, was in the Americas. North America accounted for 39 per cent of the global total, and South America and Central America and the
Caribbean for 23 per cent; this accounts for almost two thirds of the global total.7
The Report also noted that the majority of the cannabis produced in South America, the
Caribbean and Central America is for consumption within the Americas. According to the
UNODC, the most frequently reported source countries of cannabis in the Americas were
Colombia and Paraguay, and Jamaica.
Law enforcement officers in Grenada seized 7,116 kilograms of cannabis, between 2016 and
2018. The officers also eradicated 6,771 cannabis plants during the said period.
7 The Caribbean is referred to as the following countries: Antigua and Barbuda, Bahamas, Barbados, Bermuda, Cuba, Dominica, Dominican Republic, Grenada, Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines and Trinidad and Tobago
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Legislation to prohibit cannabis production and consumption in the Caribbean was introduced by
Britain in Guyana and Trinidad, shortly after the first Opium Conference at The Hague in 1912.
When Britain ratified the Geneva Convention in 1931, ‘Dangerous Drugs Legislation’ was introduced throughout the anglophone West Indies. The Dangerous Drugs Ordinance, CAP 87, was enacted in Grenada on March 1, 1939. There were seven (7) and nineteen (19) convictions in Grenada under the Dangerous Drugs Ordinance in Grenada, in 1972 and 1973 respectively.
Prohibition of cannabis continued in the post-independence era in Grenada through the Misuse of
Drugs Act, No. 39 of 1981, and the Drug Abuse (Prevention and Control) Act CAP 84A.
The following definitions are contained in the Drug Abuse (Prevention and Control) Act CAP
84A:
i. Cannabis means any plant of the genus Cannabis from which the resin has not been
separated and includes any part of the plant by whatever name it may be designated’.
ii. Cannabis resin means the separated resin, whether crude or purified, obtained from any
plant of the genus Cannabis;
Tetrahydrocannabinol (THC) is listed in the List of Psychotropic Substances Under Control:
(First Schedule, Part II, Drug Abuse (Prevention and Control) Act CAP 84A.
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Cannabis is listed in the List of Narcotic Drugs Under Control, First Schedule, Part IV of the,
Drug Abuse (Prevention and Control) Act CAP 84A.
Cannabis is also listed as a controlled drug is several Caribbean countries, including: Barbados,
Dominica, Saint Lucia, and Trinidad and Tobago.
The following table provides a list of legislation on the legal status of cannabis in the member states of the Caribbean Community (CARICOM).
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Legal Status of Cannabis in the Caribbean8 Country/Territory Legislation Status of Cannabis Antigua and Barbuda Misuse of Drugs (Amendment) Act, Decriminalized, with No. 3, 2018 restrictions The Bahamas Dangerous Drugs Act, CAP 228 Controlled drug, no medicinal cannabis Barbados Drug Abuse (Prevention and Control) Controlled drug, medicinal CAP. 131 cannabis Belize Misuse of Drug (Amendment) Act, Decriminalized No 47, 2017 Dominica Drugs (Prevention of Misuse) Act, Controlled drug, no Chap. 40:07 medicinal cannabis Grenada Drug Abuse (Prevention and Control) Controlled drug, no Act CA 84A medicinal cannabis Guyana Narcotic Drugs and Psychotropic Controlled drug, no Substances (Control) Act, CAP 35.11 medicinal cannabis Haiti Act Relating to the Control and Controlled drug, no Repression of Illicit Trafficking In medicinal cannabis Drug, 2001 Jamaica Dangerous Drugs (Amendment) Act Decriminalized with 2015 restrictions, medical cannabis, scientific research Montserrat Drugs (Prevention of Misuse) Act Controlled drug, no CAP 4.07 medicinal cannabis St. Kitts and Nevis Drugs (Prevention and Abatement of Controlled drug, no the Misuse and Abuse of Drugs) Act, medicinal cannabis CAP 9.08 St. Vincent and the Grenadines Drugs (Prevention of Misuse) Act Controlled drug CAP 291
Medicinal Cannabis Industry Act, St. Controlled drug, medicinal Vincent, 2018 cannabis St. Lucia Drugs (Prevention of Misuse) CAP Controlled drug, no 3.02 medicinal cannabis Suriname Narcotic Drugs Act (SB 1998 No. 14 Controlled drug
Trinidad and Tobago Dangerous Drugs Act Chap 11:25 Controlled drug, no medicinal cannabis
8 Legislation as of January 1, 2019
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Cannabis Plant Types/Species
Cannabis is a genus of flowering plants in the Cannabaceae family, which consists of three primary species: Cannabis sativa L.,Cannabis indica, and Cannabis ruderalis. The main difference between the different species is the concentration of Delta-9-tetrahydrocannabinol
(THC), the active ingredient of marijuana.
i. Cannabis sativa L. Cannabis sativa L. is generally tall and randomly branched, high in
fibre and grain. A subspecies of Cannabis, is known as hemp (also referred to as Indian
Hemp).9 Hemp is made up of varieties of Cannabis sativa L. that contain less than 0.3
percent Δ9- Tetrahydrocannabinol (THC).
ii. Cannabis indica is used to make marijuana for recreational purposes. The plant is
relatively short, conical and densely branched. Marijuana, dependent on the strain, can
have THC concentrations of 18 percent to 38percent.
iii. Cannabis ruderalis is not common in North America. Cannabis ruderalis will produce
flowers based on its age rather than the light cycle (photoperiod).
Marijuana, hemp and cannabis are common names for plants of the genus Cannabis.10
9 Dogbane (also known as Indian hemp), is a perennial American apocynaceous plant, Apocynum cannabinum, whose fibre was formally used by the Indians to make rope. 10 Hemp and marijuana are simply broad classifications of Cannabis that were adopted in various cultures; however, they are not legitimate nomenclature for the Cannabis plan.
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Cannabis
Cannabis (also referred to as marijuana), is a dried preparation of the flowering tops, leaves, stems, and seeds of the Cannabis sativa plant, or a resinous extract of it (cannabis resin), smoked or consumed, generally illegally, as a psychoactive (mind-altering) drug. There are many ways to consume cannabis. There are two prevalent types of inhalation methods: smoking and vaporization.
Reports have emerged from Grenada and Jamaica, in 2018, of cannabis being laced with products, including formaldehyde.11
Cannabis sativa strains that produce cannabis, contain significantly more delta-9- tetrahydrocannabinol (THC) than the strains that produce hemp. Cannabis sativa plants that are cultivated for their cannabis contain between 5 percent and 30 percent THC.
The first compound isolated in its pure form from the plant was cannabinol, by Thomas Wood,
W. T. Newton Spivey and Thomas Hill Easterfield in 1899, a research group from Cambridge.
The second compound found was cannabidiol (CBD) codiscovered by Professor Raphael
Mechoulam and Dr. Yuval Shvo, at the Weizmann Institute of Science, in Israel. 1963
Professor Raphael Mechoulam and Dr. Yehiel Gaon, isolated the main active compound, delta-9- tetrahydrocannabinol in 1964.
11 Formaldehyde is present as a dissolved gas in the water-based solution called formalin, in concentrations from 37% to 54%. Formalin is used during embalming processes as a disinfectant and preservative.
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Hemp
Hemp is a strain of the Cannabis sativa plant that is grown primarily for use in industrial applications. It has been specifically cultivated to produce a low tetrahydrocannabinol (THC), that is, less than 0.3 percent; this amount is deemed to be negligible and does cause persons who consume it to experience euphoric and psychoactive reactions.
Hemp strains have very little THC but a lot of CBD; they do not produce psychoactive effects when ingested. Most hemp plants are male and do not produce flowering cannabis buds.12
Hemp seeds produce negligible, if any, quantities of THC.
Hemp is used for a wide range of industrial purposes, including: Clothing and textiles, building materials, plastic and composite materials, paper, cordage, cosmetics and food.13
The Agriculture Improvement Act of 2018, in the United States, defined as cannabis (Cannabis sativa L.), and derivatives of cannabis with extremely low (less than 0.3 percent on a dry weight basis). Hemp cannot contain more than 0.3 percent THC, per section 10113 of the Act.
12 Cannabis plants can be either male or female. The female plants produce the buds, which are used in cannabis preparation. Male marijuana plants only make pollen sacs that they use to fertilize the females. 13 Food-grade strains of hemp must contain less than 0.3% D9-THC by weight (whole plant).
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Meanwhile, the European Union’s Common Agricultural Policy (CAP), reforms of which comes into effect on 1st January 2021, would increase the limit of THC in hemp from the
0.2 percent to 0.3 percent, in the European Union.
In Jamaica, the Dangerous Drugs Amendment Act 2015, defines hemp as the plant cannabis sativa, or any part thereof, with a THC concentration of not more than 1 percent.
Hemp is a controlled drug in Grenada, under the Drug Abuse (Prevention and Control) Act CAP 84 A.
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Cannabinoids
There are over one hundred (100) Cannabinoids; they include (synthetic cannabinoids, delta-9- tetrahydrocannabinol also referred to as THC, and cannabidiol, also referred to as CBD). They are naturally occurring compounds found in plants in the cannabis genus, known as phytocannabinoids.
i. Delta-9-tetrahydrocannabinol (THC) is the primary active component of cannabis.
It acts at the cannabinoid CB1 receptor to produce a wide-range of biological and
behavioural responses.
Cannabis potency, expressed as the Δ9-tetrahydrocannabinol (Δ9-THC; or THC)
concentration has steadily increased over the past few decades. In the early
1990s, the average THC content in confiscated cannabis samples was roughly 3.7
percent for marijuana and 7.5 percent for sinsemilla (a higher potency marijuana
from specially tended female plants). In 2013, it was 9.6 percent for marijuana
and 16 percent for sinsemilla.
Some persons who have sought treatment for cannabis-related substance
disorders, have attributed the increase in the prevalence of cannabis abuse and
dependence to the increase in strength (THC concentration) of cannabis that is
currently available (Compton et al., 2004).
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ii. Cannabidiol (CBD) is one of the naturally occurring cannabinoids found in cannabis
plants. It is a 21-carbon terpenophenolic compound which is formed following
decarboxylation from a cannabidiolic acid precursor, although it can also be produced
synthetically. Other chemical names of CBD are: 2-[1R-3-methyl-6R-(1-
methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1, 3benzenediol.
CBD is a non-psychoactive substance. It is legal in many countries, but is still
considered a controlled substance in others. It can be converted to
tetrahydrocannabinol (THC) under experimental conditions. Both CBD and THC
share the same molecular formula.
In domestic law, cannabinol derivatives means the following substances, except
where contained in cannabis or cannabis resin, namely tetrahydro derivatives of
cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives.
(Drug Abuse (Prevention and Control) Act CAP 84A, Part IV, Grenada.
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Cannabidiol (CBD) Oil
Cannabidiol (CBD) Oil often referred to as Hemp extract is an oil with naturally occurring terpenes, flavonoids, Cannabinoids, and other beneficial phytonutrients from the derived from the Cannabis sativa industrial hemp plant.14 It is derived from an organic substance formed in the plant’s secretions. It is the second most prevalent cannabinoid in marijuana and the top non- psychoactive cannabinoid found in hemp.
CBD oil and CBD products contain traces of THC. However, it is a negligible amount of
0.3percent THC or less; there are CBD oil products which contain no THC. At the Federal level in the United States, CBD obtained from hemp is legal (if below 0.3percent THC). CBD derived from marijuana is illegal at the Federal level.
For clarification purposes, CBD and CBD oil are not the same thing; CBD is a chemical compound with defined characteristics, while CBD oil is a mixture of various natural substances as they are derived from the plant of cannabis.
CBD oils can be broken down into two main categories: crude and purified. Crude oils are extracted and mixed with a vegetable oil, but undergo no further processing. Purified oils are extracted and filtered to remove unwanted fats, chlorophyll, and chemicals.
14 Terpenes – the chemicals in the plant that provide aromatic and therapeutic compounds.
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Most cannabinoids are controlled substances under the Misuse of Drugs Act of 1971 in Britain.
CBD, or cannabidiol is not a controlled drug. Industrial hemp may be grown under licence in the
Britain. It is a strain of the cannabis plant that contains little or no THC, but does contain CBD.
CBD oil is a legal cannabinoid in Britain.
CBD oil
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Hemp Oil
Hemp oil is most commonly sourced from the Cannabis Sativa (Industrial Hemp) plant seed. It is also called Hemp oil or Hemp seed oil. Standard hemp seed oil is produced by cold pressing the hemp seeds, whereas hemp extract is a full plant extraction with many components not typically found in the seeds.
Hemp seed oil is considered to be a nutritive food. It is also used as a cooking oil, and in lotions and soaps. It is high in antioxidants, omega-3 and -6 fatty acids, but contains no CBD or other cannabinoids.
Hemp Oil
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Cannabinol Derivatives
Cannabinol derivatives means the following substances, except where contained in cannabis or cannabis resin, namely: tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives (Drug Abuse (Prevention and Control) Act CAP 84A,
First Schedule, Part IV), Grenada.
Cannabinol derivatives are controlled drugs in Grenada.
Similar definitions of cannabinol derivatives exist in legislation in other countries. These compounds are also listed in the United Nations Convention on Psychotropic Substances 1971.
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Hybrids
Cannabis, like other plants, either exists as a pure breed, or as a hybrid mix of strains. As the cannabis industry has commercialized, both pure strains and existing hybrids are continually mixed and remixed. These new plants are known as hybrids.
Hybrids are a man-made attempt at customizing plants with specific kinds of characteristics usually found in ruderalis, sativa, and indica strains. There are four types of strains:
1. Sativa x sativa: Two different sativa varieties are bred together.
2. Indica x indica: Two different indica varieties are bred together.
3. Sativa x indica: A strain described this way is a hybrid with sativa-dominant
characteristics. However, it has traits of both varieties of cannabis.
4. Indica x sativa: This variety will have characteristics of both, but is indica-dominant.
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Medical Marijuana
Definition of Medical Marijuana
The term medical marijuana refers to using the whole, unprocessed marijuana plant or its basic extracts to treat symptoms of illness and other conditions. Cannabis indica and Cannabis sativa are the two main varieties of the cannabis plant used as medicine. Hybrid sativa dominant strains are coveted as medicine for the motivational properties they possess, often without the paranoia associated with pure sativa strains. In terms of medical value, hybrid indica is widely available. They tend to have many qualities that some patients prefer; therefore, the majority of medical marijuana is hybrid Indica. Legally, there is no difference between cannabis indica and cannabis sativa.
Development of Medical Marijuana
In 1999, Canada introduced a medical cannabis programme that expanded over the subsequent decades in response to court decisions. Israel (2001), the Netherlands (2003), Switzerland
(2011), Czechia (2013), Australia (2016) and Germany (2017), enacted legislation to allow the medical use of cannabis under specified conditions. The United States, medical marijuana is legal in thirty-four (34). States and the District of Colombia, with a variety of regulatory mechanisms and restrictions.
Scientific study of the chemicals in marijuana, called cannabinoids, has led to the Food and Drug
Administration (FDA)-approved medications that contain cannabinoid chemicals. The FDA approved Epidiolex, an oral solution, for the treatment of seizures associated with two rare and
30 A Technical Guide: Cannabis, Related Products and Control Mechanisms
severe forms of epilepsy, Lennox-Gastaut syndrome and Dravet syndrome, in patients two years of age and older. This is the first FDA-approved drug that contains a purified drug substance derived from marijuana. It also approved synthetic cannabinoid medicines, dronabinol (Marinol, Syndros) and nabilone (Cesamet), to treat nausea and vomiting from chemotherapy. The FDA has not recognized or approved the marijuana plant as medicine.
Epidiolex
The FDA announced in April 2019, that it would conduct a public hearing in May 2019, to discuss developing a regulatory framework for the use of CBD in consumer products, including foods and beverages. It's illegal under the Food Drug and Commerce Act to introduce CBD or
THC into the food supply or market it as a dietary supplement, regardless of whether the substances are hemp-derived.
Meanwhile, researchers, including those funded by the National Institutes of Health (NIH), are conducting preclinical and clinical trials continuing to explore the possible uses of THC, CBD, and other cannabinoids for medical treatment.
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Medicinal Products and Cannabis Preparations
A significant issuewhich requires consideration in the use of medical marijuana is the method of use. Medical marijuana can be in the form of a medicinal product, and cannabis preparations.
‘Medicinal product’ refers to the (plant-derived and synthetic) cannabinoid-containing products with a marketing authorization (approved product, licence, registration certificate etc).
These products include:
Marinol and Syndros
Cesamet and Canemes
Sativex
Epidiolex
‘Cannabis preparations’ refers to items derived from the Cannabis sativa plant that do not have a marketing authorization for medical use. These include: the raw cannabis (the flowering tops, compressed resin or hash); oils extracted from the plant; concentrated cannabis extracts; and other cannabis preparations, such as gels, tinctures or edibles.
The provision of cannabis preparations for medical use requires consideration on how they will be consumed. Smoking as a mode of consumption is permitted in some states in the United
States (Florida etc); this is not permitted in the European Union. However, the use of medical products and cannabis preparations is allowed through a variety of legal and regulatory frameworks, in member states of the European Union where such use is permitted.
32 A Technical Guide: Cannabis, Related Products and Control Mechanisms
Dr. Bertha K. Madras, Professor of Psychobiology, Department of Psychiatry Harvard Medical
School, in her paper, Update of Cannabis and its Medical Use; 2015, noted, ‘It is generally recognized that smoking can be harmful to health. Standard medicines are not delivered as inhaled smoke, but enter the body by other forms and routes of administration (pill, injection, topical creams, patches, inhalants, eye drops, liquid drinks, suppositories). Smoking remains a controversial route of delivery, even with a recent report that found no major changes in spirometric measures of lung health of light, but not heavy, recreational cannabis smokers’.
Medical Marijuana and Legislative Changes in the Caribbean
Some Caribbean have enacted legislation which makes provisions for medical marijuana.
Jamaica enacted the Dangerous Drugs (Amendment) Act 2015, which allows for importation of:
medicine or a therapeutic product derived from or containing cannabis.
cannabis for scientific research.
According to the legislation, a person suffering cancer or any other terminal or serious chronic illness may import medicine or a therapeutic product derived from or containing ganja
(cannabis). A registered medical practitioner must certify that the person is suffering from the illness, and must recommend the person’s use of the medicine or therapeutic product.
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The legislation makes provisions for the establishment of a Cannabis Licensing Authority for the purpose of enabling a lawful, regulated industry in ganja for medical, therapeutic or scientific purposes, and in hemp, to be established in Jamaica.
Jamaica’s Timeless Herbal Care, shipped extracted cannabis oil to Synfine Research, an affiliate of Toronto Research Chemicals (TRC), both licensed dealers with Health Canada, in September
2018, for analytical testing.
The Cannabis Licensing Authority (CLA), of Jamaica, was established in 2015 under the
Dangerous Drug (Amendment) Act, (DDA) with a specific role to establish and regulate
Jamaica’s legal ganja and hemp industry; it is guided by the Dangerous Drugs (Cannabis
Licensing) (Interim) Amendment Regulations, 2017. The CLA also manages and issues licence for cultivation, research and development (analytical services) of the cannabis industry.15
According to the Regulations, a licence for research and development (analytical services) costs
US$10,000.
Meanwhile, the Cayman Islands approved the use of cannabis extracts and tinctures of cannabis for medical or therapeutic purposes, where prescribed by a medical doctor licensed in accordance with the Health Practice Law (2013 Revision) as part of a course of treatment for a person under that medical doctor’s care, in 2016, under The Misuse of Drugs (Amendment) Law, 2016.16
15 Research and development (analytical services), includes services for testing or abstraction of ganja (Dangerous Drugs (Cannabis Licensing) (Interim) Amendment Regulations, 2017. 16 Cannabis extracts and tinctures of cannabis” means the separated resin, crude or purified, obtained from the cannabis plant;” (The Misuse of Drugs (Amendment) Law, 2016).
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In May 2019, the Minister of Health in Barbados announced that following recommendations from the Barbados National Drug Formulary Committee and in keeping with a manifesto pledge,
Government has approved five marijuana-based drugs to be added to the drug formulary. The products are: nabiximols such as Sativex®, purifiped cannabidiol oral solution such as
Eidiolex®, synthetic non-psychoactive cannabinoid, namely Anabasum®, synthetic cannabinoid capsules – Nabilone® and synthetic cannabinoid capsules, Marinol®.
The decision to approve the products was based on recommendations from the Barbados
National Drug Formulary Committee it approved five marijuana-based drugs to be added to the drug formulary. The Ministry of Health and Wellness said it wanted to make it “clear that the decision that medical marijuana products should be authorised for use in Barbados was based on the best available scientific evidence from clinical studies”. The Minister of Health noted that the smoking of marijuana would not be part of the process since there was no scientifically proven medical benefit.
The Drug Abuse (Prevention and Control) Act CAP 84A of Grenada makes no provisions for research on medical and scientific uses and other legal use, as appropriate, containing narcotic
(including cannabis and its resin) or psychotropic substances subject to the international control system), nor medical marijuana. However, there appears to be some uncertainty about the legal status of CBD-based medical products in Grenada, including CBD oil. The Drug Control
Secretariat, Grenada, is seeking clarification on this matter, from the Ministry of Legal Affairs.
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Medical Marijuana in Britain
In June 2018, the British Home Secretary announced in the British Parliament that the
Government would launch a review into medicinal uses of cannabis. However, he ruled out legalising the drug for recreational use, saying, “This government has absolutely no plans to legalise cannabis and the penalties for unauthorised supply and possession will remain unchanged.” Cannabis is classified as a schedule 1 drug by the Misuse of Drugs Act
1971currently a controlled drug, meaning it is currently thought to have no therapeutic value and cannot be lawfully possessed or prescribed.
The Misuse of Drugs (Amendments) (Cannabis and Licence Fees) (England, Wales and
Scotland) Regulations 2018, was laid in the British Parliament in October 2018. These regulations came into force on 1 November 2018 and thereby rescheduled cannabis-based products for medicinal use. According to the Regulations, a, ‘cannabis-based product for medicinal use in humans’, a product must satisfy inter alia, these requirements:
i. It needs to be a preparation or product which contains cannabis, cannabis resin,
cannabinol or a cannabinol derivative;
ii. It is produced for medicinal use in humans and;
iii. Is a medicinal product, or a substance or preparation for use as an ingredient of, or in the
production of an ingredient of, a medicinal product.
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The 2018 Regulations also stated, “A person shall not self-administer a cannabis-based product for medicinal use in humans by the smoking of the product.” Smoking of cannabis and cannabis-based products for medicinal use in humans continues to be prohibited in Britain.
TSA Approval of Cannabis-infused Products on Flights
The Transportation Security Administration (TSA) of the United States amended its regulations to permit passengers to travel on airplanes with Epidiolex, under special circumstances. The change in policy, which took effect in May 2019, was as a result of the FDA’s approval of the cannabis-derived anti-seizure medication.
The TSA on its website stated, “Possession of marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana and certain cannabis infused products.” The website further stated, “Products/medications that contain hemp-derived CBD or are approved by the FDA are legal as long as it is produced within the regulations defined by the law under the Agriculture Improvement Act 2018.”
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Cannabis Edibles
Cannabis edibles, also known as a cannabis-infused food or edibles, are food product that contain cannabinoids, especially tetrahydrocannabinol (THC). Edible may refer to either a food or a drink, a cannabis-infused drink may be referred to more specifically as a liquid edible or drinkable.
Foods and beverages made from non-psychoactive cannabis products are known as hemp
foods.
Most edibles contain a significant amount of THC, which can induce a wide range of
effects, including relaxation, euphoria, increased appetite, fatigue, and anxiety.
Some edibles contain a negligible amount of THC and are instead dominant in other
cannabinoids, particularly cannabidiol (CBD).
Cannabis edibles CBD infused soda
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Bidi
Bidi (also referred to as beedi, bidi, bedis, beadie or hemp cigarettes) are slim, hand-rolled, unfiltered cigarettes.17 They are also called “beeris” in countries such as Bangladesh. It was first popular in Asian countries because it is relatively inexpensive and termed the 'Poor Man's
Cigarette.'
A bidi consists of about 0.2 gram of sun-dried and processed tobacco flakes, rolled in a tendu leaf (Diospyros elanoxylon) or temburni leaf and held together by a cotton thread. The tobacco rolled in bidis is different from that used in cigarettes and is referred to as bidi tobacco.
Bidi cigarettes contain more tar and nicotine than regular cigarettes, but less tobacco. Tar levels delivered by bidis are high, at 45-50 mg/bidi. One study found that bidis produced approximately three times the amount of carbon monoxide and nicotine and approximately five times the amount of tar, as cigarettes.
Bidi is categorized as 'Other Tobacco Cigarettes' under the Customs and Excise’ classification of products being imported in Grenada. The reference to bidi as ‘hemp cigarettes’, is considered as a marketing strategy. Bidi has no composite, similarity or components of the hemp plant.
17
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Law enforcement officers in Grenada have voiced concern that some persons who smoke bidi, tend to lace their cigarettes with cannabis. Bidi is not a controlled drug in Grenada.
Bidi
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Conclusion
The document, A Technical Guide: Cannabis, Related Products and Control Mechanisms, seeks to provide some information on the subject of cannabis and related matters. It is not comprehensive in its description of these matters; additional information on the subject should be sourced.
The document would be reviewed and updated periodically.
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Bibliography
Alexander, Dave (2010). Marijuana: A Caribbean Perspective
Cannabis sativa: An ancient wild edible plant of India. Article in Emirates Journal of Food and Agriculture. March 2013
CBD-Intel Regulatory Briefing (April 2019)
Christelle M. Andre et al (2016). Cannabis sativa: The Plant of the Thousand and One Molecules. Published online 2016
Cumberbatch, Janice and Duncan, Neville (1990). Illegal Drugs, USA policies and Caribbean Responses: The Road to Disaster; Janice and Neville Duncan Caribbean Affairs, Vol. 3, No. 4
Drug Abuse (Prevention and Control) Act CAP 84A, Grenada
Dangerous Drugs Amendment Act 2015, Jamaica
Dangerous Drugs (Cannabis Licensing) (Interim) Amendment Regulations, Jamaica. 2017
European Monitoring Centre for Drugs and Drug Addiction (2018), Medical use of cannabis and cannabinoids: questions and answers for policymaking, Publications Office of the European Union, Luxembourg
Expert Committee on Drug Dependence, World Health Organization (2017). CANNABIDIOL (CBD) Pre-Review Report, Expert Committee on Drug Dependence, Thirty-ninth Meeting, 2017
Fraser H. Aubrey (1974). The Law and Cannabis in the West Indies
Gabay, Michael (2013). The Federal Controlled Substances Act: Schedules and Pharmacy Registration
Government Information Service, Barbados, 2019
Government of India, World Health Organization, U.S. Department of Health and Human Services (2008). Bidi Smoking and Public Health
Hanus L. O., Mechoulam R. (2005). Cannabinoid chemistry: an overview. Department of Medicinal Chemistry and Natural Products, Medical Faculty, The Hebrew University of Jerusalem, Ein Kerem Campus, 91120 Jerusalem, Israel
42 A Technical Guide: Cannabis, Related Products and Control Mechanisms
Hirsch, Shira. Et al (2019). Review Cannabis: From a Plant That Modulates Feeding Behaviors toward Developing Selective Inhibitors of the Peripheral Endocannabinoid System for the Treatment of Obesity and Metabolic Syndrome. The Hebrew University of Jerusalem
International Narcotics Control Board. Narcotic Drugs. Retrieved 20 May 2019, from https://www.incb.org/incb/en/narcotic-drugs/index.html
International Narcotics Control Board. Narcotic Drugs. Retrieved 20 May 2019, from https://www.incb.org/incb/en/psychotropics/index.html
Khan S. (2018). Oral statement to Parliament, Retrieved May 23, 2019, from https://www.gov.uk/government/speeches/home-secretary-statement-on-medical-use-of-cannabis
Klein, Axel (2016). GDPO Situation Analysis Ganja in the English-speaking Caribbean: From Security Threat to Development Opportunity
Madras, Bertha K. (2015). Update of Cannabis and its Medical Use. Expert Committee on Drug Dependence, World Health Organization, Thirty-fifth Meeting, 2015
Mechoulam, Raphael. Et al (2000). Review, A historical Overview of Chemical Research on Cannabinoids. Department of Medicinal Chemistry and Natural Products, Hebrew Uni6ersity of Jerusalem
Medicalmarijuana.ca. Cannabis Varieties. Retrieved 20 May 2019, from https://medicalmarijuana.ca/patients/cannabis-varieties-2/
National Institute on Drug Abuse (2018). Marijuana as Medicine
National Institute on Drug Abuse for Teens, Drugs and Health Blog. (2015). History of Cannabis, Part 1. Retrieved 19 May 2019, from https://teens.drugabuse.gov/blog/post/history-of- cannabis-part-1
National Institute of Health (2019). A Rise in Marijuana’s THC Levels. Retrieved 19 May 2019, from https://archives.drugabuse.gov/rise-in-marijuanas-thc-levels
Plant Fact Sheet/Guide (2000). USDA, NRCS, National Plant Data Center, United States The Misuse of Drugs (Amendment) Law, 2016, Cayman Islands
Report of the International Narcotics Control Board for 2018.International Narcotics Control Board
The Misuse of Drugs (Amendments) (Cannabis and Licence Fees) (England, Wales and Scotland) Regulations 2018
43 A Technical Guide: Cannabis, Related Products and Control Mechanisms
Transportation Security Agency Website: https://www.tsa.gov/travel/security- screening/whatcanibring/all-list
United States Drug Enforcement Agency. Drug Scheduling. Retrieved 20 May 2019, from https://www.dea.gov/drug-scheduling
United Nations Convention on Psychotropic Substances, 1971 United Nations Single Convention on Narcotic Drugs, 1961
United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988
Vienna Convention on the Law of Treaties. (1969)
World Drug Report (2018) United Nations Office on Drugs and Crime
Yi Yang et al (2017). Cannabis sativa (Hemp) Seeds, D9-Tetrahydrocannabinol, and Potential Overdose. Cannabis and Cannabinoid Research, Volume 2.1, 2017
44 A Technical Guide: Cannabis, Related Products and Control Mechanisms
Appendix 1: Chart Showing Two Main Hemp Plant Types and Products18
Hemp Plant Types
Cannabis Cannabis sativa L. indica
Cannabis/Marijuana
Cannabinoids Cannabis resin CBD oil Hemp oil
Cannabidiol (CBD)
Delta-9- tetrahydrocannabinol (THC)
18 Cannabis ruderalis is another species of the cannabis plant, with naturally low concentrations of THC and therefore is not smoked for recreational purposes. However, it can have high concentrations of CBD. It is not included in the above diagram.
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Appendix 2: Strains of Cannabis Sativa and Cannabis Indica Plants
People grow different strains of cannabis sativa and cannabis indica plants, to get a variety of different effects, scents, terpene profiles, flavours, etc.
Six Popular Cannabis Sativa Strains
1. Sour Diesel 2. Lemon Haze 3. Green Crack 4. Strawberry Cough 5. Jack Herer 6. Maui Wowie
Six popular Cannabis Indica Strains
1. ICE 2. Northern Light 3. Blue Mystic. 4. Special Kush #1 5. Bubble Kush 6. Pineapple Kush
Police in Grenada have confirmed that “Cripa or Creepy”, a powerful strain of cannabis grown from plants native to Europe and the United States was recently discovered on the island and two persons have been held in connection with the find. The Cripa strain has up to 20 per cent higher levels of Tetrahydrocannabinol (THC), the active psychoactive ingredient in the plant.
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