Germany legalizes recreational cannabis use and possession of small quantities

The German Bundestag approved this Friday the controversial bill of the German Health Minister, Karl Lauterbach, to legalize the consumption of cannabis, despite the strong criticism it had aroused both among experts and the opposition, as well as within the coalition itself. government of the German Chancellor, Olaf Scholz, formed by the Social Democrats (SPD), the Greens and the Liberals (FDP).

Until now, any type of possession of this drug by individuals was prohibited in Germany, although in many places the possession of small quantities was no longer prosecuted for a long time.

Medical cannabis for pain patients, for example, has been legal with a prescription since 2017.

With the new law, which received 407 votes in favor, 226 against and four abstentions, the possession and cultivation of certain quantities by adults will be legal in the future.

In addition, cannabis will be removed from the Narcotics Law.

Doctors will be able to more easily prescribe it for health purposes.

The new law establishes that the possession of up to 25 grams of dried cannabis in public places will be legal and that up to 50 grams and three plants can be grown at home.

Furthermore, cultivation and distribution will initially be possible through non-commercial clubs, known as cannabis clubs, which can only be accessed by adults and where only a maximum of 25 grams of cannabis per day can be distributed to up to 500 members and a maximum of 50 grams per month.

However, members between 18 and 21 years old will receive a maximum of 30 grams per month and the THC (Tetrahydrocannabinol, main psychoactive constituent of cannabis) content must not exceed 10%.

For reference: With 25 grams you can make approximately 75 joints.

Along with this, cannabis clubs will be able to provide seeds and cuttings to members for home growing with a maximum of seven seeds or five cuttings per month.

In addition, the new law establishes that cannabis consumption will not be allowed in schools, facilities for children and young people, public playgrounds, publicly accessible sports facilities and within a radius of 100 meters around them.

In pedestrian areas, consumption will be prohibited between seven in the morning and eight at night.

In the military areas of the German Army, drug consumption will be prohibited 24 hours a day.

In addition to the reduction in the amount allowed up to 21 years of age, the Ministry of Health has started an education campaign for this group of people.

A first evaluation of the impact of legalization on the protection of children and young people will be carried out 18 months after its entry into force.

For the entire bill, this is planned after four years.

“The situation we find ourselves in now is in no way acceptable,” Lauterbach declared in the parliamentary debate this Friday.

In his opinion, the law will serve to fight against the “worrying criminal black market”, providing a legal alternative to the increase in the number of users and the “toxic concentrations” of cannabis from illegal drug trafficking.

“The black market is the core of the problem,” said the social democratic politician.

“Every fight against the black market is an important step to protect young people,” he said, while highlighting that greater education among young people is planned.

“We don't trivialize,” he said.

“Many young people still do not know that cannabis consumption acts as a poison for the developing brain,” he added, aware of the criticism that the new law provokes.

His position was supported by the Greens' health expert, politician Kirsten Kappert-Gonther, who assured that this puts an end to a "harmful prohibition policy" and "strengthens the protection of health and young people."

Meanwhile, FDP politician Kristine Lütke referred to legalization as a “historic turning point” that reflects social reality and that, thanks to homegrown cannabis, will ensure that consumers know where it comes from.

But not everyone sees it the same.

The legalization of cannabis is very controversial in the country and has had to overcome many obstacles along the way to see the light.

First within the Executive itself and then in front of the opposition.

Even Germans themselves are divided, according to a survey published on the same day of the vote.

47% indicated that they support legalization to some extent or completely.

Meanwhile, 42% said they reject it to some extent or completely and 11% did not make a statement on the matter, according to the survey carried out by YouGov and released by the German press agency DPA.

Conservatives and the far-right Alternative for Germany (AfD) party harshly criticized the law.

For the Christian Democratic Union (CDU) deputy Simone Borchardt, this measure is like “help for any trafficker” and she warned of an increase in consumption and an additional burden on the health system.

For this she based herself on the criticism of the project by medical associations, psychotherapists, jurists and the police union.

Furthermore, she pointed out that it will not be possible to control private cultivation.

Others, such as the politician of the Christian Social Union (CSU) Stephan Pilsinger, took the opportunity to remember the dangers that consumption poses for the brain development of young people up to the age of 25 and indicated that “when a quantity of drugs is allowed that is sufficient for 75 joints, you can no longer distinguish between consumers and traffickers.”

For his part, Jörg Schneider of the AfD predicted a rise in the black market, “especially since clubs would not be able to start delivering until the end of the year.”

The law is a “stimulus program for organized crime,” he criticized.

The new law must still pass through the Bundesrat (the chamber of representatives of the German states) on March 22.

Although it does not require approval, the Bundesrat could call the conciliation committee with the Bundestag and thus delay its entry into force.

However, Lauterbach was confident that there will be no obstacles.

“The Bundesrat will see that we are solving a problem that we have had for so long and from which the states are also directly affected,” adding that there is currently “a lot of control, a lot of convictions, a booming black market and no success.”

With the law, traffickers “have no reason to celebrate.”

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