We have conducted an interview with Miguel Torres, a lawyer specialized in private international law and professor at the Faculty of Law of the University of Barcelona. Who has also been President of the Foreign Investment Commission of the International Union of Lawyers. And, who has advised the company that obtained the first authorization granted by the Spanish Agency for Medicines and Health Products (AEMPS) for the cultivation of cannabis for research purposes.
Miguel has shared with us his reflections on various legal and regulatory aspects related to cannabis, offering a unique vision based on his deep knowledge and experience in the field.
In the complex legal and international landscape surrounding cannabis, Miguel Torres emerges as a prominent figure with extensive experience and a deep commitment to human rights, as well as a defender of rights in the Cannabis industry.
Background and Post-Specialization in the Cannabis Industry
Miguel Torres shares how his academic and professional background led him to specialize in private international law, a field that addresses the complexities of different legal systems around the world. His interest in the cannabis industry stemmed from his commitment to human rights and his desire to explore the legal aspects related to this plant.
With a career spanning 25 years as a professor of international law at the University of Barcelona, Torres has delved into the complexities of legal fragmentation and has been involved in commercial law, always maintaining a concern for fundamental rights, especially freedom of expression.
His foray into the cannabis arena began 27 years ago when he became a founding partner of the magazine Cáñamo, an initiative dedicated to addressing various aspects related to this plant.
The Development of the Cannabis Industry
Since then, his experience and knowledge have expanded, advising companies in the sector and playing a crucial role in high-impact cases, such as advising the pioneering company that obtained the first authorization from the Spanish Agency of Medicines and Medical Devices (AEMPS) for the cultivation of cannabis for research purposes.
He highlights the lack of precedents and the legal complexity surrounding this process, as well as the historical importance of this authorization in the context of cannabis industry regulation in Europe.
Evolution of International Cannabis Regulation
One of the most prominent aspects of his career was his role as president of the Foreign Investment Commission of the International Bar Association. Torres offers his perspective on how international regulation regarding the cannabis industry has evolved in recent years.
Among the legal challenges he identifies, Torres highlights the paradox existing in many countries where recreational cannabis use is legal while medicinal use is still unregulated. This disparity creates legal complexities and leaves the cannabis industry in uncertain terrain.
However, Torres envisions a promising future for scientific research in this field, emphasizing the importance of overcoming stigmas and prejudices through knowledge and research.
The Importance of Laboratory Analysis in the Cannabis Industry
As an advocate for quality and precision in cannabis laboratory analysis, Torres emphasizes the crucial role these laboratories play in consumer protection and informed regulatory decision-making.
"The cannabis analysis laboratories serve a social function because they protect the consumer, ensuring that they know exactly what they are consuming. They are indispensable to prevent harmful products from reaching the consumer due to possible contaminations," he says.
Torres comments, "I believe there is an obsession with THC. There are other elements, compounds in the cannabis plant, such as terpenes, aromas that influence the effects of cannabis. Even in the USA, you can see how laboratories are distorting THC levels, inflating them, making it seem like there is more than there really is. Only because there is market pressure in this regard. That's why it is necessary for the analyses to demonstrate that THC is just one element, that it is not everything."
Collaboration Among Experts
Torres emphasizes the importance of collaboration among different professionals to address challenges and promote sustainable development in the cannabis industry.
"In an uncertain and constantly changing field, collaboration becomes a fundamental pillar to ensure regulatory compliance and quality standards," he says.
Torres highlights that we are facing a nascent industry, new in uncertain terrain, with often inadequate regulation. In which questions about scientific evidence on the uses of cannabis are still being questioned.
Vision in the New European Landscape
With the recent approval of the cannabis law in Germany as a backdrop, Torres reflects on the impact of this legislation on the legal and social landscape of Europe. He highlights the recognition of the right to self-cultivation in Germany and points out differences in regulation in other European Union countries.
"In Germany, they go further. This recognition allows the possibility of cultivating 3 plants individually, and collectively by a group of up to 500 people. Another thing is practice, we must see how German legislation can be applied. Because in a way it requires all the partners of the association of growers to participate in cultivation tasks. I would like to imagine how these 500 partners participate in cultivation tasks for all of them, it is the most important challenge," he comments.
Reflection on Legal and Social Diversity in the Cannabis World
Torres concludes the interview by reflecting on the legal and social diversity in the cannabis world. He emphasizes the importance of respecting the laws and regulations of each country and the need for a pragmatic and collaborative approach to address challenges and seize opportunities in this constantly evolving industry.
"I believe that medical use is increasingly recognized every day, even, we have just seen how a country like Ukraine in a war phase has just facilitated a law for the use of cannabis precisely for the wounded in the war," he highlights.
The Use of Medicinal Cannabis
Torres comments that in addition to medicinal use, cannabis has other uses. "When we talk about medicinal cannabis, it is intended for sick people. And it must be taken into account that the majority of the population is not sick, they are healthy. Therefore, the products that may be most successful in the market are products intended for healthy people."
He emphasizes that hemp can offer a huge range of products, without psychoactivity, that is, without psychotropic effects. With purely food or cosmetic uses. "In Spain as well as in Portugal, we have an absurd persecution of the cultivation of the hemp plant."
Torres affirms the importance of distinguishing hemp from marijuana, that is, non-psychoactive cannabis, whose fundamental active ingredient is CBD. Because it has a food value and a cosmetic value. "The food value is still being studied by the EU, although it is expected that the European Food Safety Authority (EFSA) will give its approval in October of this year."
He highlights the paradox of finding cosmetic products based on CBD in pharmacies, particularly creams not only aesthetic but for physiotherapy. That is, to calm muscular pain, products that are not cosmetics, that are not drugs but that are at the same time somewhat outside of regulation.
"It is surprising how these products can be marketed in Spain when the production or cultivation of hemp for CBD production is not allowed. That is to say that all these products that are being sold use an ingredient manufactured outside of Spain. The question is, why can't it be manufactured in Spain?"
In summary, the interview with Miguel Torres offers a deep and nuanced insight into the challenges and opportunities in the legal world of cannabis, highlighting the importance of collaboration, knowledge, and respect for legal and social diversity.