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Cannabis plant: The release of the drug is a major traffic light project
Photo: Sebastian Kahnert / dpa
The federal government plans to release cannabis and is also met with criticism.
Some consider the idea to be misguided, others doubt that the idea can be implemented legally.
Opponents of the project can now feel encouraged by a new report.
The traffic light's cannabis legalization plans therefore violate applicable law.
"The cannabis legalization planned by the federal government contradicts international and European law," says the 53-page scientific elaboration, which was presented in Munich.
Author Bernhard Wegener, Chair of Public Law and European Law at the Friedrich-Alexander-University Erlangen, had prepared the report on behalf of Bavaria's Health Minister Klaus Holetschek (CSU).
Cannabis legalization as an election campaign issue in Bavaria?
According to the report, the traffic light plans in particular violate the United Nations Convention on Drugs: The United Nations drug control bodies assessed comprehensive cannabis legalization as a "contractual violation of the United Nations Convention on Drugs".
With a view to European law, the planned state or state-licensed trade, cultivation and sale of cannabis for purposes other than scientific or medical purposes is “inadmissible”.
"In my opinion, a violation of EU law should always result in infringement proceedings," said Holetschek, who has categorically rejected any legalization plans for marijuana for months.
State elections are due in Bavaria in October.
The assumption is that the CSU wants to position itself with topics like these in the election campaign.
Holetschek therefore called on the federal government to immediately drop its plans to allow the cultivation, trade and consumption of cannabis for recreational purposes.
The Federal Ministry of Health sees no new findings
Cannabis legalization is one of the major traffic light projects.
In their coalition agreement, the SPD, the Greens and the FDP had agreed to make it possible for the drug to be “controlled to be sold to adults for consumption in licensed shops”.
Cannabis is to be cultivated and sold under state regulation in Germany.
Growing a few plants yourself should also be allowed.
The traffic light justifies the project with the fact that the prohibition policy did not prevent use, instead there was even an increase in consumption.
Furthermore, a legal and state-controlled sale could improve youth and health protection, since less contaminated cannabis is in circulation.
Federal Health Minister Karl Lauterbach (SPD) presented the first concrete ideas for implementation in the autumn.
A draft law should be available by the end of March.
A spokesman for the Federal Ministry of Health said that the report does not appear to provide any new insights.
They are working flat out on a draft law, are still in contact with the EU Commission and will present solutions that conform to European law.
»The aim is and remains to improve youth and health protection for consumers and to curb the black market.«
asc/dpa