Cultivation, sale, rules: how cannabis legalization should be implemented - and when
Created: 01/10/2023 10:06 am
By: Max Schaefer
Cannabis legalization is a much discussed topic.
The traffic light government wants to release the drug in a controlled manner.
We answer the most important questions.
Cannabis legalization is a long-discussed topic in German politics.
Consumers as well as various parties and associations have long campaigned for the release of the drug, which has been banned in Germany since 1929.
However, critics, including the Union parties CDU and CSU as well as police unions, warn of health consequences.
However, the federal government of the traffic light coalition of SPD, Greens and FDP defined the legalization of cannabis as a goal in the coalition agreement in 2021 - and presented a key issues paper almost a year later.
“The drug policy must be renewed.
We want to reform cannabis consumption from a health perspective," said Federal Health Minister Karl Lauterbach (SPD) on the project.
contents
How does the traffic light coalition want to implement cannabis legalization?
When should cannabis be legalized?
What could prevent legalization?
Who should be allowed to buy cannabis?
How is the sale regulated?
Who should be allowed to grow cannabis?
Driving licence: Which rules should apply in road traffic?
What is planned for the protection of minors?
What health protection measures are planned?
What do critics of cannabis legalization say?
Which cannabis rules currently apply in Germany?
Since when is cannabis banned in Germany?
How does the traffic light coalition want to implement cannabis legalization?
When the government was formed in 2021, the SPD, Greens and FDP set cannabis legalization as their goal.
The coalition agreement provides for the "controlled sale of cannabis to adults for recreational purposes in licensed shops".
The governing parties hope that this will enable quality control, protection against contaminated substances and improved protection of minors.
The Federal Government has consulted with experts and interest groups on the concrete form of the legalization of cannabis.
At the end of the consultation process led by the Federal Drug Commissioner, the cabinet adopted a key issues paper that Karl Lauterbach presented on October 26, 2022.
This defines how the drug will be released.
When will cannabis be legalized?
However, the federal government has not yet presented a bill to legalize cannabis.
Instead, the European Commission should first examine the compatibility of the key issues paper with international law.
Lauterbach therefore expects legalization in 2024 at the earliest. Before the key issues paper was announced, Finance Minister Christian Lindner and Justice Minister Marco Buschmann (both FDP) had still expected legalization in 2023.
Long demanded by demonstrators like here in Berlin, now it should come: The traffic light coalition has presented key points for cannabis legalization.
(Archive photo) © Fabian Sommer/dpa
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Due to the so-called notification procedure of the EU, however, legalization can be delayed.
The EU Commission and other member states have the opportunity to comment on the German plans.
The examination can delay the procedure for up to six months.
The draft must not be approved during this time.
If the Commission decides to set common rules for the whole Union, it can block the draft for up to 18 months.
What could delay or prevent cannabis legalization?
However, Lauterbach only wants to present a draft law based on the key points if the EU Commission has no concerns and Germany is therefore not threatened with infringement proceedings.
According to experts, such a judgment is realistic: According to the Bundestag's scientific service, the plans violate EU law.
Based on the EU framework decision of 2004, the manufacture, cultivation, sale, transport, shipping, import and export of drugs must be punished.
The text of the resolution also explicitly mentions the cultivation of the cannabis plant.
The federal government is therefore issuing a declaration of interpretation.
In it she wants to argue how the controlled release of cannabis under the conditions of state control and improvement of health and youth protection is compatible with international rules.
If the Commission and other member states have no objections to cannabis legalization, the law still has to get a majority in the Bundestag.
The traffic light coalition has the majority in the Bundestag.
For legalization, however, it could be decisive whether it is a law that requires approval.
This is the case when the planned law affects the interests of the countries or changes the constitution.
Then an absolute majority of 35 votes is required in the Bundesrat.
CDU/CSU could prevent legalization in such a scenario.
They are represented in eight state governments with a total of 39 votes, in six of which they provide the prime minister (29 votes).
In the case of objection laws, the traffic light can overrule the Bundesrat with its majority in the Bundestag.
Traffic light coalition wants to remove cannabis and THC from the Narcotics Act
Legally, the federal government no longer wants to classify cannabis and the active ingredient tetrahydrocannabinol (THC) as narcotics within the framework of controlled release.
Production, delivery and sale are allowed in case of planned legalization.
However, the entire process of cultivation, production and sale should be strictly regulated.
The federal government's key issues paper stipulates that adults may possess a maximum of 20 to 30 grams of cannabis.
The THC content is not limited because the control is too complex.
Cannabis products in the form of capsules, sprays and drops are also to be released.
The federal government still wants to check whether other limit values should apply to cannabis resin and liquids.
It is also being checked whether "edibles", i.e. cannabis-containing foods such as biscuits, will also be approved.
The rules for medicinal cannabis are not expected to change significantly after legalization.
Who should be allowed to buy cannabis?
In the current plans for cannabis legalization in Germany, a minimum age of 18 years is provided for the purchase of cannabis.
Only adults are allowed to enter the sales outlets and possess cannabis.
The federal government still wants to decide whether to set a THC cap for people under the age of 21.
Possession remains prohibited for minors, but should not remain a punishable offence.
However, authorities can make participation in early intervention or prevention programs compulsory.
How is the sale of cannabis regulated?
According to the key issues paper by the federal government, anyone who wants to sell cannabis after legalization must also be of legal age.
The sale of the drug takes place in certain shops that are exclusively geared towards sales and advice.
There will be no online shops or mail order at the beginning, and the federal government is planning a further review - at the latest when the cannabis legalization is evaluated, which is planned after four years.
It is still unclear whether pharmacies should also sell cannabis for non-medical consumption.
In its key issues paper, the Federal Government promises improved coverage in rural regions.
This could eliminate the black market there.
The operators of the sales outlets need a license, which they are issued by the authorities for a limited period of time.
The licenses can be renewed several times.
Controls are also provided.
In the event of violations, operators can lose their license.
There are also a number of rules when selling cannabis:
Maximum dispensing quantity per person
No connection with the sale of tobacco and alcohol
Provision of information on low-risk consumption, risks and references to counseling and treatment centers
Appointment of a contact person for the protection of minors
Ban on advertising (factual information is permitted, e.g. on the point of sale)
The operators of the sales outlets and their staff must also meet a number of conditions if they want to sell cannabis:
certificate of competence
Proof of counseling and prevention knowledge
Proof of reliability
What are the rules for the planned legalization of cannabis cultivation?
According to the traffic light plans, not only the sale, but also the cultivation of cannabis should require a license.
As part of the legalization, the federal government wants the entire process - from cultivation to production, transport and sale - to be strictly regulated and officially monitored.
The government primarily envisages indoor cultivation and greenhouses as production facilities.
After legalization, the federal government also wants to allow home cultivation of cannabis.
Adults may then plant up to three plants.
There should be no THC limits.
Children and young people must not have access to the plants.
The federal government is still examining the extent to which cultivation must be reported.
Driving licence: will cannabis legalization affect the rules of the road?
The Federal Government's key issues paper does not provide for any changes to the rules in road traffic as part of the legalization of cannabis.
Whether the legalization has an impact on the applicable limit values can only be determined “with the involvement of the relevant specialist committees”, the paper says.
Drivers are currently committing an administrative offense if they are under the influence of cannabis at the wheel.
The decisive factor here is the detection of the drug in the blood.
There is currently a limit of one nanogram per milliliter for THC.
Depending on the frequency of consumption, the value will still be exceeded several days after cannabis consumption.
What happens to ongoing criminal proceedings after legalization?
Prior to cannabis legalization, state authorities can decide whether to prosecute crimes under the current rules.
As soon as the clearance has been given, ongoing investigations and criminal proceedings are to be discontinued.
Recorded convictions should be able to be removed on request.
This applies to previous criminal offenses that were eliminated with the release of cannabis.
In the key issues paper, the federal government primarily mentions the possession, purchase and cultivation of cannabis up to a quantity of 20 to 30 grams or three female flowering plants.
What measures are there for the protection of minors?
The federal government and in particular Health Minister Lauterbach argue that cannabis legalization enables better health and youth protection.
The key issues paper lists a number of measures.
The most important measure to protect minors is the age limit of 18 years.
Children and young people are not allowed to possess cannabis or cannabis products and are not allowed to enter the shops.
If the age control is violated, the vendors may have their license revoked and face criminal proceedings.
The Federal Government's key issues paper also provides for a number of other measures to protect children and young people:
Minimum distances between cannabis sales points and schools and children's and youth facilities
Limiting the number of stores in an area based on population density
Ban on consumption in places where children and young people regularly stay (including pedestrian zones until 8 p.m.)
Early intervention or prevention programs for adolescent cannabis acquisition and possession
Comprehensive early intervention offers for consumption reflection
Counseling and treatment offers
Family court measures against custodians if the well-being of the child is endangered or the parents are unable to do anything about it
What health protection measures is the government planning for cannabis legalization?
In general, the federal government wants to expand education, prevention, counseling and treatment offers in the course of legalization.
According to the key issues paper, these should take place in the living environment of the people as far as possible.
Schools, vocational schools, social media, sports clubs and the world of work are mentioned as possible locations.
In addition, the protection of non-smokers is to be supplemented as part of the legalization of cannabis.
The corresponding rules then also apply if products containing cannabis are smoked.
The federal government is also planning to introduce a special consumption tax.
The government hopes that the colloquial cannabis tax will have a steering effect.
The amount of the tax should therefore also be based on the THC content, so that products with more active ingredients are taxed more heavily.
The price of cannabis should be in the range of the black market price after legalization.
According to the plans of the federal government, the effects of cannabis legalization on youth and health protection are to be reviewed after four years.
The law can then be amended.
What are the criticisms of cannabis legalization?
Despite hopes for better protection of minors and health, relief for the police and judiciary, and suppression of the black market, the planned legalization of cannabis is provoking criticism.
Above all, critics warn of the health consequences of cannabis consumption and subsequent disorders such as dependencies, depression, anxiety disorders, psychoses and developmental delays in young people.
They also fear an increase in traffic accidents.
According to critics, the black market cannot be suppressed because the illegal market adapts to young people who are excluded from the legal market.
The German Police Union (DPolG) sees cannabis legalization as a "fatal signal".
"We must not send out the message that the consumption of drugs is not so bad." The Bavarian police union (GdP Bayern) also warns against "talking cannabis 'soft' and making it socially acceptable through partial legalization".
It is suggested that it is not dangerous to consume cannabis, said the deputy chairman of the GdP Bayern, Florian Leitner, in a statement.
Cannabis ban in Germany: Which rules currently apply?
Cannabis is still considered a "non-marketable" narcotic and is therefore prohibited.
Cultivation, manufacture, trade, import, export, purchase and possession can result in a fine or imprisonment for up to five years.
If the amount is small, authorities can forego criminal proceedings.
The guidelines for this differ - and are not binding for judges and the public prosecutor's office.
Medical cannabis has been available in Germany since 2017.
Doctors can prescribe cannabis, cannabis flowers or extracts for serious illnesses when alternatives have already been exhausted.
The cultivation of legal, medicinal cannabis is controlled by an agency.
Since when is cannabis banned in Germany?
The previously applicable cannabis ban has existed since 1929. After the League of Nations included Indian hemp in the "International Convention on Narcotics" in 1925, Germany was forced to enact production, import and export, trade and use.
Cannabis was only allowed to be used for medical or scientific purposes.
On December 10, 1929, Indian hemp was included in the "Law on the Traffic in Narcotics", also known as the Opium Law.
Cannabis is also mentioned verbatim in the Narcotics Act (BtMG), which came into force in 1972.
The cultivation, trade, purchase and possession of cannabis have been punishable in Germany since 1929.
SPD, Greens and FDP want to change that now - more than 90 years later.
Sources
Coalition agreement 2021: “Dare to make more progress. Alliance for Freedom, Justice and Sustainability"
Karl Lauterbach at the federal press conference on October 26, 2022
Key issues paper by the federal government on the introduction of a controlled sale of cannabis to adults for recreational purposes
Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum rules on the constituent elements of criminal offenses and penalties in the field of illicit drug trafficking
https://www.bvl.bund.de/SharedDocs/FAQ/DE/02_Unternehmer/01_Lebensmittel/03_FAQ_Hanf_THC_CBD/01_FAQ_Cannabidiol_CBD.html
Law on the traffic with narcotics (narcotics law - BtMG)
https://drogen.dvr.de/StVG_p24a_a2_Grenzwerte.htm
https://www.mdr.de/geschichte/zeitgeschichte- gegenwart/politik-gesellschaft/cannabis-droge-legalisierungs-100.html
