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Smoking Dutch Medi-weed in Sweden, perfectly legal?
Considering that cannabis is a legal medicine in the Netherlands available at pharmacies to patients with a doctors prescription, considering that Sweden, upon signing the Treaty of Amsterdam, has an obligation to allow transportation of medicinal products under article 75 of the Schengen Implementing Convention, considering that the Dutch Health Care Inspectorate issues Schengen certificates for medicinal cannabis to residents of the Netherlands, can I conclude that it is legal for a resident of the Netherlands to take medicinal cannabis to all Schengen countries, including Sweden?
I noticed Denmark does not allow medicinal cannabis to be imported:
Quote:Specific euphoriant substances are not regarded as applicable to medical use and are therefore not allowed in the country; neither can they be imported into Denmark. This applies to e.g. cannabis, the khat plant Chatha Edulis, heroine and LSD. See: http://www.workindenmark.dk/Import_healthThat sounds like a position the Swedish government might share, but I wonder if the European Court will allow such a restrictive interpretation of the Schengen Convention.
In response to a question from the Europarliament Mr Vitoro on behalf of the Comission replied:
Quote:Under Article 75 of the Schengen Implementing Convention, it is permissible to transport drugs and psychotropic substances needed as part of medical treatment if the person concerned has a certificate issued by a competent authority (1).However, Schengen provisions do not lay down a list of medicines for which persons travelling in the Schengen area need a special certificate.
Article 75 refers to the medicinal products mentioned in international conventions on drugs (1961 Single Convention on Narcotic Drugs, 1971 Convention on Psychotropic Substances) or which contain substances referred to in these conventions which are also governed by the national law on drugs. Under these Conventions, additional substances can be subjected to the checks laid down by national law on drugs. Consequently, lists of products which constitute or contain narcotic drugs or psychotropic substances may vary from one Member State to another. see: http://europa.eu.int/eur-lex/pri/en/oj/dat/2002/ce115/ce11520020516en00600060.pdf
I don’t read in that reply that a country can ban a medicinal drug that another country issues a certificate for.
Any opinions on this?
Notes:
– The Office of Medicinal Cannabis says on the FAQ section of her website that non-Dutch residents should acquire a Schengen certificate from the authorities of the country where they reside and that medicinal cannabis can also be acquired with a prescription from a foreign doctor.
– “Residence” is not based on nationality, a Swede who resides in the Netherlands should be able to receive a Schengen certificate from the Dutch Inspectorate
– Medicinal cannabis is more expensive than cannabis available in coffeeshops and is only available in 2 varieties, so recreational users aren’t likely to purchase it.see also:
– http://www.cannabisbureau.nl (Office of Medicinal Cannabis)
– http://www.igz.nl (Dutch Health Care Inspectorate, issues Schengen certificates, limited information online)
– http://www.igz.nl/bestanden/Schengen%20reisverklaring%20achterkant%20IGZ%20bev.doc (backside of the Schengen certificate)
– http://www.igz.nl/bestanden/Schengen%20reisverklaring%20voorkant%20IGZ%20bev.doc (frontside of the certificate) -
8 Replies
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I don’t think we will found out until someone tries, and then probably Sweden will get an “exception” just as with the alcohol which still is controlled by the government.
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Hubbe wrote:I don’t think we will found out until someone tries, and then probably Sweden will get an “exception” just as with the alcohol which still is controlled by the government.
Sweden was get the exception when we joined the EU!
Today we are a member of the EU and can’t get a exception so easy anymore. -
Hi mokum!
No way any swedish pharmacy would sell cannabis over the counter unless forced, ever, period. All pharmacys are monoplized by the government and you can rest sure that they don’t oppose their owner and employer. However the issue is under EU trial and Sweden will probably lose their national monopoly.
It´s a really interesting questing that you raise and it could acctually lead to a forced change of policy in the long run, but i’m talking several years.
First some background. As I recall it a U.S. citizen, one of their few federal medicinal marijuana paitient, have visited Sweden to participate i some conference some years ago. He/She carried all the required official U.S. documents and was let into the country with the medicine! People are allowed to bring all kinds of precription drugs to other countries as long as they carry all required legal documetation with them and declare their gods at arrival, regardless if the medicine in question is allowed by local rules. This is facts but still a diffrent thing comparing with swedish pharmacies trading the products. So what to do?
I see two scenarios:
a – A dutch(wo)man moves to sweden and demands to get his/her prescribed medicine trough the swedish monopoly system. The Swedish system will reply that the prescription is not valid in Sweden and that they have other, better treatments to offer. The system is probably right on the first subject, and then the case is closed. I don’t think complaining to EU would help in this case. If the dutch(wo)man however are refused to bring his/her own prescribed medicine over the border or gets in legal troubles for consumption and or posession while in the country then EU would probably embaress local swedish polititians. So they will probably let the dutch(wo)man use his/her medicine as long as nothing is passed on.
b – Same as above but a swedish citizen whith dutch prescribed medicine and paperwork. Now that would be really interesting scene at the customs office, not to talk about inside the country if consumed in public. That would be a nice bone to throw at the EU courts
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Thanks for the replies.
The more I think about it, the more I think that in case B^ a Swede could bring medicinal cannabis from the Netherlands to Sweden, IF he/she is a resident of the Netherlands. And I think residence only means that one lives here for at least 6 months of the year and is registered in a Dutch muncipality. Than they can get the Schengen declaration, which Sweden has no choice but to respect.
I would love to see that happening 😆
That should teach them, telling the Dutch to close their coffeeshops 👿
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This is actually the best idea in long time that I have read about on swecan. It might actually work. I am studyin EG-law right now and this would be an interesting question to ask the professor about. If he has any interesting to say about the subject ill post it in this tread.
sorry for the bad spelling and language. Im a bit to stooned to think clearly right now.
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I would love to hear if your professor has an opinion on this.
peace
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Hi, I had a talk with my professor now.
I presented the idea to him and asked him if an interruption of the Cassis de Dijon case would be relevant. (Sorry I forgot about the article 75 of the chengen Implementing Convention) He said that it was an interesting question but was a bit floating in his answer.
We discussed it as a hypothetical case and did not have more then a few minutes to talk about it. And as I said above the starting point of the discussion was the forcing recognition from the Cassis de Dijon case..
To gain success with such a case you would have to present a large amount of evidence and facts that Cannabis is not an threat to the health of the individual that is treated. You also have to present that cannabis has proven effects and is accepted as an optional and working remedy for the disease.
The Swedish government would certainly try to use the exception in the forcing recognition in article 30 about the public health.
The thing is that such a law-process would be EXPENSIVE.
The articles that is relevant in the discussion are 28-30
Quote:Article 28 (ex Article 30)Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member stats.
Article 29 (ex Article 34)
Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States.
Article 30 (ex Article 36)
The provisions of Articles 28 and 29 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of the health and life of humans, animals, or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or disguised restriction on trade between Member States
I am going to meet the professor on Monday again, and if there is an opportunity I will ask him and see what his reflection on the 75 article of the chengen Implementing Convention.
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Hi Drullper,
Marvelous to hear about your questioning the professor…. please keep harassing him till he says I’m right
Drullper wrote:To gain success with such a case you would have to present a large amount of evidence and facts that Cannabis is not an threat to the health of the individual that is treated. You also have to present that cannabis has proven effects and is accepted as an optional and working remedy for the disease.I’d argue that the fact that a fellow Member State recognizes cannabis as regular medicine is all the proof needed.
Then again, presenting large amounts of evidence and facts that cannabis has medicinal value and is not a threat to a users health shouldn’t be a real problem, in fact I’d love to see that happening in a Swedish court. 😈
As an aside, Dutch medicinal cannabis is produced by the OMC according to the Good Agricultural Practice (GAP) of the European Medicines Evaluation Agency (see guidelines)
peace
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