The Council of Ministers of Bosnia and Herzegovina (BiH) has adopted amendments to the List of narcotic drugs, psychotropic substances, plants from which narcotic drugs can be obtained, and precursors.
With this decision, cannabis has been moved from the table of prohibited substances and plants to the table of substances and plants under strict control.
Alignment with international standards
With this decision, BiH is aligning its domestic regulations with international standards. Namely, in December 2020, the United Nations (UN) Commission on Narcotic Drugs, based on a recommendation of the World Health Organization (WHO), removed cannabis from the list of substances without recognized medical value, which had been under the strictest control, and transferred it to the category of substances that have medical value under strict supervision.
The administrative procedure for amending the regulations lasted more than ten years, although health professionals in BiH had already reached a consensus on this issue some time ago.
Strict control without liberalization
Moving cannabis into the regime of strictly controlled substances does not mean liberalization or opening of the market. The production, trade, and possession of cannabis remain strictly regulated. Cannabis will be allowed to be used exclusively in the form of a pharmaceutical preparation and only on the basis of a doctor’s prescription.
Cannabis and preparations containing cannabinoids may be used exclusively as medicines or magistral preparations, with the approval and supervision of the Agency for Medicines and Medical Devices of BiH. The entire process, from import and dispensing to administration to patients, will be under constant supervision and subject to mandatory record-keeping.
A long process of amending regulations
The process of amending the List was initiated after the Agency for Medicines and Medical Devices of BiH declared itself not competent to forward amendments to the Council of Ministers of BiH, even though it had previously prepared a proposal, obtained positive opinions from the Office for Legislation of the Council of Ministers of BiH and the Ministry of Finance and Treasury of BiH, and conducted public consultations.
Minister of Civil Affairs Dubravka Bosnjak initiated the resolution of this issue at the very first session of the Commission for the Suppression of the Abuse of Narcotic Drugs, with the aim of aligning domestic legislation with international standards.
“With this decision, BiH is joining countries that address the issue of cannabis for medical purposes through strict regulation, rather than through bans that in practice often encourage the grey market. The focus remains on patient protection, drug safety, and full control of the system in line with European practice,” Minister Bosnjak emphasized.
Further legislative activities
At the same time, the Commission for the Suppression of the Abuse of Narcotic Drugs initiated the formation of a working group to draft amendments to the Law on the Prevention and Suppression of the Abuse of Narcotic Drugs. The working group, appointed by the Council of Ministers of BiH in September of this year, has begun work on preparing solutions that would improve control over narcotic drugs in accordance with international standards and public health needs.
Practice in the European Union (EU) and the region
Currently, the use of cannabis for medical purposes is approved in 21 member states of the EU, ranging from prescribing dried cannabis for therapeutic purposes to very limited approvals for certain cannabis-based medicines.
In the Republic of Croatia, for example, doctors may prescribe medicines containing active substances from cannabis to alleviate symptoms in cases of multiple sclerosis, cancer, AIDS, and epilepsy.
Suppression of the black market
Until the adoption of this decision, the medical use of cannabis was prohibited in BiH, although preparations containing cannabinoids appeared on the illegal market, often available through unofficial sales channels. Such products were sold at high prices, without quality control, standardization of composition, or guarantees of safe use.
With the establishment of a clear legal framework, the registration of cannabis-based pharmaceutical products, and stricter supervision of their distribution, greater availability of safe and controlled medicines is expected, as well as more effective suppression of the black market.
