The European Union’s top court has ruled against Hungary’s position on cannabis policy, determining that Hungary breached EU principles when it voted against the bloc’s ‘common position’ on the reclassification of cannabis during a United Nations meeting years ago.

Back in late 2020, the United Nations Commission on Narcotic Drugs (CND) voted to remove cannabis from Schedule IV of the 1961 Single Convention on Narcotic Drugs.

“With a vote of 27 in favour, 25 against, and one abstention, the CND has opened the door to recognizing the medicinal and therapeutic potential of the drug, although its use for non-medical and non-scientific purposes will continue to remain illegal. According to news reports, the decision could drive additional scientific research into the plant’s medicinal properties.” UN News reported at the time.

The European Union, which itself does not have a formal vote within the CND, jointly agreed to support the reclassification. Hungary voted against the proposal nonetheless and has since continued to take a hardline stance against cannabis, putting it at odds with the EU’s common position.

“In view of that situation, the European Commission brought an action for failure to fulfil obligations against Hungary. According to the Commission, Hungary infringed the European Union’s exclusive external competence and the Council decision on the common position, and acted in breach of principle of sincere cooperation. It its defence, Hungary argued, principally, that that Council decision was unlawful.” wrote the Court of Justice of the European Union in a press release.

“Such conduct undermined the effectiveness of the international action of the European Union and the latter’s credibility and reputation on the international scene.” the Court wrote in its ruling against Hungary’s arguments.

“By failing to follow the European Union’s position at the reconvened sixty-third session of the Commission on Narcotic Drugs of the United Nations Economic and Social Council on the amendment of the scheduling of cannabis and cannabis-related substances, Hungary (i) failed to fulfil its obligations under Council Decision (EU) 2021/3 of 23 November 2020 on the position to be taken, on behalf of the European Union, at the reconvened sixty-third session of the Commission on Narcotic Drugs, on the scheduling of cannabis and cannabis-related substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971, which is binding on Hungary under Article 218(9) TFEU, read in conjunction with the fourth paragraph of Article 288 TFEU; (ii) infringed the European Union’s exclusive external competence provided for in Article 3(2) TFEU; and (iii) acted in breach of the principle of sincere cooperation enshrined in Article 4(3) TEU;” the court determined.

“Under Article 138(1) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Since the Commission has applied for costs and Hungary has been unsuccessful, Hungary must be ordered to pay the costs.” the court concluded.

“The court flatly rejected Hungary’s defenses and came down on the side of the commission, ordering Budapest to pay the costs. With no appeal available, the case is now closed.” reported Courthouse News Service. “The ruling locks in the commission’s view that Hungary breached EU law, giving Brussels firmer footing to demand compliance in future global votes where a common EU position has been agreed.”