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2018 - Medical Use of Cannabis and Cannabinoids Containing Products - Regulations in Europe and North America
2018 - Medical Use of Cannabis and Cannabinoids Containing Products - Regulations in Europe and North America
Narrative Review
A R T I C L E I N F O A B S T R A C T
Keywords: In 1937, the United States of America criminalized the use of cannabis and as a result its use decreased rapidly.
Medical cannabis In recent decades, there is a growing interest in the wide range of medical uses of cannabis and its constituents;
Medical marijuana however, the laws and regulations are substantially different between countries. Laws differentiate between raw
Marihuana herbal cannabis, cannabis extracts, and cannabinoid-based medicines. Both the European Medicines Agency
Cannabinoids
(EMA) and the United States Food and Drug Administration (FDA) do not approve the use of herbal cannabis or
Medical legislation
its extracts. The FDA approved several cannabinoid-based medicines, so did 23 European countries and Canada.
Regulation
Law However, only four of the reviewed countries have fully authorized the medical use of herbal cannabis – Canada,
Rules Germany, Israel and the Netherlands, together with more than 50% of the states in the United States. Most of the
European Union regulators allow the physicians to decide what specific indications they will prescribe cannabis for, but some
United States of America regulators dictate only specific indications. The aim of this article is to review the current (as of November 2017)
regulations of medical cannabis use in Europe and North America.
1. Introduction substances, the treaties prohibited all use except for scientific and very
limited medical purposes by duly authorized persons, in medical or
Evidence of cannabis use for medical purposes can be dated back to scientific establishments which are directly under the control of their
2737 BCE in ancient China [1]. Since then there have been wide var- Governments or specifically approved by them [5].
iations in the use and acceptance of cannabis as a drug therapy in The aim of this article is to review the current regulations of medical
Western medicine. In 1937, the United States of America criminalized cannabis use in Europe and North America. This article will not discuss
the use of cannabis and as a result its use decreased rapidly [2]. In the recreational use of cannabis nor the evidence for the medical uses of
recent decades, there is a growing interest in the wide range of phar- cannabis. The review is based on information gathered from officials in
macological and medical uses of cannabis and its constituents; however, the relevant regulatory agencies, previous reports and governmental
the laws and regulations are substantially different between countries. websites.
Following the Single Convention of the United Nations in 1961 (as
amended by 1972), cannabis, cannabis resins and extracts were listed as 2. Terminology and products
Schedule I and Schedule IV. Schedule I — those substances which are,
inter alia, having, or convertible into substances having a liability to The term “medical cannabis” might refer to different substances and
abuse comparable to that of cannabis, cannabis resin or cocaine. the distinction has both legal and medical implications [6,7]. These
Schedule IV - substances that are particularly liable to abuse and to include:
produce ill effects, and such liability is not offset by substantial ther-
apeutic advantages not possessed by substances other than drugs in 1. Raw herbal (botanical) cannabis – any part of any plant of the
Schedule IV [3,4]. The 1971 Convention of psychotropic substances genus Cannabis.
listed Δ9-tetrahydrocannabinol (Δ9-THC), the psychoactive substance in The genus Cannabis belongs to the Cannabaceae family. Some
cannabis, in Schedule II [5]. Schedule II — having addiction-producing people espouse cannabis as a single species with C. indica, C. sativa
or addiction-sustaining properties not greater than those of codeine but and C. ruderalis as three different subspecies and some espouse them
at least as great as those of dextropropoxyphene [4]. For schedule I as three different species of cannabis [8,9]. The difference between
⁎
Corresponding author at: Cannabis Clinical Research Institute, Soroka University Medical Center, POB 151, Beer-Sheva, Israel.
E-mail address: ranabu@post.bgu.ac.il (R. Abuhasira).
https://doi.org/10.1016/j.ejim.2018.01.001
Received 4 December 2017; Accepted 1 January 2018
0953-6205/ © 2018 European Federation of Internal Medicine. Published by Elsevier B.V. All rights reserved.
Please cite this article as: Abuhasira, R., European Journal of Internal Medicine (2018), https://doi.org/10.1016/j.ejim.2018.01.001
R. Abuhasira et al. European Journal of Internal Medicine xxx (xxxx) xxx–xxx
these species will not be elaborated here. The term ‘herbal cannabis’ include rare diseases (orphan) designations and pediatric investigation
may refer to anyone of these species. plans. Rare disease designation allows pharmaceutical companies to
2. Cannabis extract – any extract, usually by organic solvents to benefit from incentives from the EU to develop a medicine for a rare
produce oil, which is extracted from the plant, and any preparation disease. These include reduced fees and protection from competition
consisting mainly of it. Magistral preparation – any medicinal once the medicine is placed on the market. An orphan designation does
product prepared in a pharmacy in accordance with a specified not allow the medicine to be marketed. A pediatric investigation plan is
medical prescription for an individual patient. a development plan aimed at ensuring that the necessary data are ob-
3. Cannabinoids – a class of chemical compounds that have the ty- tained through studies in children, to support the authorization of a
pical cannabinoid skeleton in common and affect the cannabinoid medicine for children [13]. Nevertheless, many European countries
receptors. The cannabis plant is known to contain over 100 different authorized the use of some cannabinoid-based medicines, by the non-
cannabinoids (Phyto-cannabinoids) [10], with cannabidiol (CBD) centralized route, as will be elaborated further on.
and Δ9-THC being the most studied so far. A few synthetic canna-
binoids are manufactured today as approved drugs – cannabinoid- 3.2. FDA
based medicines.
Similar to the EMA, to date, the FDA has not approved a marketing
In recent years, there has been a substantial change in policies and application for a drug product containing or derived directly from
more countries are allowing the use of cannabis as a medicine. herbal cannabis. In contrast to the FDA's position, a number of states
Nonetheless, the lack evidence for cannabis efficacy and safety as well have already approved the use of medical cannabis, as will be elabo-
as the concerns regarding addiction and other adverse events, cause rated further on [14,15]. The FDA did approve Cesamet® [16], Mar-
many countries to be cautious before changing cannabis regulations. inol® [17] and Syndros® [18] for therapeutic uses in the United States.
Most countries in Europe forbid the use of herbal cannabis, while While the main agencies defer to accept herbal cannabis or its ex-
cannabinoid-based medicines are legal in many of them. Currently, tracts as approved drugs, an increasing number of countries and states
there are only three cannabinoid-based medicines available for mar- are changing their regulation, allowing patients access to these sub-
keting in different countries [11]: stances.
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R. Abuhasira et al. European Journal of Internal Medicine xxx (xxxx) xxx–xxx
Table 1
Medical cannabis programs and regulations by country – European countries and Israel. Detailed report about each country is given in the supplementary data.
Country Cannabinoid-based medicines authorized Raw herbal Magistral preparations authorized Limit indications for herbal cannabis or
cannabis (including special permit) magistral preparations?
a
See supplementary data for exact limitations.
b
See supplementary data for exact indications.
have a bona fide relationship with the patient in order to register them them. In addition to physicians, nurse practitioners can also authorize
with the program. Some states (e.g. New-York and Massachusetts) re- patients to receive medical cannabis. In a hospital setting, the person in
quire the physicians to complete a short medical education program charge of the hospital can allow fresh or dried marijuana or cannabis oil
about cannabis as a prerequisite to their registration [23,24]. to be administered to a patient or, to be sold or provided to a patient or
Cannabis is supplied to the patients via specified dispensaries in to the individual responsible for the patient [26–28].
every state. These dispensaries can provide herbal cannabis, cannabis- Nabiximols is approved for use for multiple sclerosis associated
derived products, and cannabis consumption devices. The routes of spasticity [29]. Additional indications include: adjunctive treatment for
administration also vary between the states – widely authorized routes symptomatic relief of neuropathic pain in adult patients with multiple
are oil, vaporizing and capsules. Smoking cannabis for medical pur- sclerosis; and adjunctive analgesic treatment in adult patients with
poses is prohibited in many states and edible forms are also prohibited advanced cancer who experiences moderate to severe pain while on the
in some states [25]. highest tolerated dose of strong opioid therapy for persistent back-
As previously stated, the FDA approved Cesamet® [16], Marinol® ground pain. Nabilone is approved for severe nausea and vomiting as-
[17] and Syndros® [18] for therapeutic uses in the United States. sociated with cancer chemotherapy. Dronabinol was approved for
AIDS-related anorexia associated with weight loss and for severe nausea
5. Canada and vomiting associated with cancer chemotherapy. Dronabinol was
withdrawn from the Canadian market by the manufacturer in February
Since April 2014, physicians can sign a medical document author- 2012, however not for safety reasons [30].
izing a patient's access to, and the dispensing of, a specified quantity of
the dried cannabis plant, which patients purchase through a licensed 6. Summary and conclusions
producer. Nevertheless, herbal cannabis is not authorized as a drug and
therefore is not available in regular pharmacies. The cannabis can be Authorization of raw herbal cannabis is still generally unaccepted.
given for any condition, without proving a failure of previous treat- Only four of the reviewed countries have fully authorized its medical
ments. On August 11, 2016, Health Canada announced the new Access use – Canada, Germany, Israel and the Netherlands, together with more
to Cannabis for Medical Purposes Regulations (ACMPR). Under the than 50% of the states in the United States. Magistral preparations from
ACMPR, patients with a valid cannabis authorization can register with cannabis plants are more acceptable and have been approved by 10
Health Canada to produce a limited amount of cannabis for their own more European countries. Most of the regulators allow the physicians to
medical purposes, or they can designate someone else to produce it for decide what specific indications they will prescribe cannabis for, but
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R. Abuhasira et al. European Journal of Internal Medicine xxx (xxxx) xxx–xxx
Iceland
Finland
Norway
Sweden
Estonia*
Latvia
Denmark Lithuania
Ireland
United
Netherlands Poland
Kingdomm
Belgium Germany
Austria Hungary
France Switzerland
Slovenia
ven
nia
n Romania
Croatia
Bulgaria
Italy
Portugal Spain
Greece
Malta
Cyprus
Israell
some regulators dictate only specific indications. As opposed to herbal the central agencies (the EMA and the FDA), as well as social and po-
cannabis, cannabinoid-based medicines are authorized by the FDA and litical influences, cause wide variation between countries. All of these
by most of the countries in Europe. Many countries have changed their differences influence the therapeutic and the research options world-
legislations about medical cannabis in the past several years and it is wide. The growing public interest and published data about the ther-
likely that the regulations will continue to change in the upcoming apeutic uses of cannabis creates pressure both on physicians and on the
years. It should be noted that in many countries there is considerable policy makers. In our opinion, the discussion of the medical use of
gap between the official authorizations, which may be quite permissive, cannabis and cannabinoids must be clearly differentiated from the
to the actual access of patients to medical cannabis. discussion of the legal status of recreational cannabis. Furthermore, we
The main aim of this review was to present the current regulations believe that the creation of the international research program dedi-
in Europe and North America of medical use of cannabis and cannabis- cated to the investigation of the cannabinoid derived medicinal pro-
based products, including cannabinoid-based medicines. The on-going ducts under the evidence based paradigm is imperative.
debate in the medical and scientific community, the lack of approval by
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R. Abuhasira et al. European Journal of Internal Medicine xxx (xxxx) xxx–xxx