Legalization of medical cannabis in Ukraine: issues of criminal law protection

Abstract

The article discusses the legalization of medical cannabis in Ukraine. The main draft laws on the regulation of the circulation of hemp plants (Cannabis) for medical, industrial purposes, scientific and scientific and technical activities, the state of their consideration and the main conclusions of the specialized committees of the Verkhovna Rada were analyzed.
 It has been established that the process of legalizing medical cannabis involves a special mechanism of organizational and legal regulation of activities related to the cultivation of cannabis for medical purposes, transportation, processing of plants and extracts of cannabis, the manufacture of appropriate medical devices using them as raw materials, as well as the conduct of scientific research. Such a mechanism establishes the procedure for obtaining permits, restrictions and rules for cultivation, transportation, processing, production and sale in terms of organizational, administrative and legal aspects.
 The article notes that the current regulations do not cover social relations in the field of the production of medicinal products based on cultivated medical cannabis, and such activity itself may be associated with a corruption component in terms of permit procedures, the activities of control and inspection bodies and institutions, dishonesty of private laboratories, etc. It is proposed to conclude that the process of regulating sowing, cultivation, production of medical cannabis, etc. is in the realm of civil, economic, and administrative procedures, but ensuring legality and compliance with the rules and mechanisms established by these industries requires the participation of criminal-legal means. Such measures include the establishment of new and revisions of existing criminal prohibitions in order to ensure the criminal protection of social relations that may occur in connection with the legalization of medical cannabis.
 Key words: medical cannabis, cannabis, license, criminal law protection, criminal liability, narcotic substances, medicinal products.