Cannabis No Longer Fully Prohibited in Bosnia and Herzegovina, Now Strictly Controlled

The Council of Ministers of Bosnia and Herzegovina today adopted, at the proposal of the Ministry of Civil Affairs of Bosnia and Herzegovina, amendments to the List of narcotic drugs, psychotropic substances, plants from which narcotic drugs may be obtained, and precursors, whereby cannabis is transferred from the table of prohibited substances and plants to the table of substances and plants subject to a strict control regime.

By adopting these amendments, Bosnia and Herzegovina aligns its regulatory framework with international standards, following the decision of the United Nations Commission on Narcotic Drugs (CND) which, acting on the recommendation of the World Health Organization (WHO), in December 2020 removed cannabis from the list of substances without recognised medical value (subject to the strictest level of control) and transferred it to the list of substances with recognised medical value (subject to strict control).

The administrative procedure lasted for more than ten years, despite the fact that medical and public health professionals in Bosnia and Herzegovina have long reached a consensus on this issue.

The strict control regime implies that the cultivation, production, placing on the market and possession of cannabis remain subject to stringent regulatory requirements. Cannabis may be dispensed exclusively in the form of an authorised pharmaceutical product and solely on the basis of a medical prescription.

The reclassification of cannabis under a strict control regime does not constitute liberalisation, nor does it entail the opening of the market to uncontrolled products. On the contrary, it establishes a clear, precisely defined and closely supervised framework for medical use. Cannabis and cannabinoid-containing preparations may be used exclusively as medicinal products or magistral preparations, subject to authorisation and supervision by the Agency for Medicinal Products and Medical Devices of Bosnia and Herzegovina, and dispensed exclusively on prescription, with mandatory record-keeping and oversight at all stages, from importation and distribution to administration to the patient.

The procedure for amending the List was initiated after the Agency for Medicinal Products and Medical Devices of Bosnia and Herzegovina declared itself not competent to formally submit amendments to the Council of Ministers of Bosnia and Herzegovina, although it had previously drafted the proposal, obtained favourable opinions from the Office for Legislation of the Council of Ministers of Bosnia and Herzegovina and the Ministry of Finance and Treasury of Bosnia and Herzegovina, and conducted public consultations.

The Minister of Civil Affairs, Dubravka Bošnjak, raised the issue of resolving this matter and aligning domestic legislation with international standards at the very first session of the Commission for the Suppression of Abuse of Narcotic Drugs.

“By adopting this decision, Bosnia and Herzegovina aligns itself with countries that regulate the medical use of cannabis through a system of strict regulatory control, rather than through prohibitions which in practice often foster the grey market. The focus remains on patient protection, medicinal product safety and full system control in line with European regulatory practice,” Minister Bošnjak emphasised.

At the same time, the Commission for the Suppression of Abuse of Narcotic Drugs, chaired by Minister Dubravka Bošnjak, initiated the establishment of a working group tasked with drafting amendments to the Law on the Prevention and Suppression of Abuse of Narcotic Drugs. The working group, appointed by the Council of Ministers of Bosnia and Herzegovina in September of this year, has commenced work on preparing legislative solutions aimed at strengthening the control of narcotic drugs in accordance with international standards and public health needs.

At present, the medical use of cannabis is authorised in 21 Member States of the European Union, ranging from the prescription of dried cannabis for therapeutic purposes to very limited marketing authorisations for specific cannabis-based medicinal products. For example, in the Republic of Croatia, physicians may prescribe medicinal products containing active substances derived from cannabis for the alleviation of symptoms associated with multiple sclerosis, cancer, AIDS and epilepsy.

States Parties to the international drug control conventions, including Bosnia and Herzegovina, are required to align their national legislation with the revised international status of cannabis. Until the adoption of this decision, the medical use of cannabis was prohibited in Bosnia and Herzegovina; however, products containing cannabinoids have been present on the illicit market, often distributed through unofficial channels.

Such products are sold at high prices and without quality control, standardisation of composition or guarantees of safety. The establishment of a clear legal framework, the registration of cannabis-containing medicinal products and strict supervision of their placing on the market would contribute to improved availability of safe and controlled medicines, while simultaneously reducing the illicit market.