As of: March 23, 2024, 5:16 a.m
By: Franziska Schwarz, Jens Kiffmeier
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End of a month-long discussion: Cannabis can be legalized in Germany.
The Federal Council approved the Lauterbach law.
Legalization of cannabis
: Federal Council approves Lauterbach law
Cannabis
in
Germany
: What are the legalization plans?
Cannabis will become legal for adults on April 1st with many requirements.
This is what the Bundestag decided.
Now comes the final hurdle.
The Federal Council is refraining from delaying this.
Update from March 22nd, 6:34 p.m
.: The new cannabis law is the subject of numerous newspaper comments.
“You can’t be happy with this result in any of the 16 federal states, which is solely due to party discipline within the traffic light parties,” writes the
Nürnberger Zeitung
.
“When the over four million people who smoke weed at least occasionally light up their first legal joint from April 1st, they should thank Michael Kretschmer,” says the
Märkische Oderzeitung
.
And the
Rheinpfalz
emphasizes: “For a long time it looked as if this Friday would not be a good one for Karl Lauterbach,” only to conclude: “It is his political masterpiece.”
Update from March 22nd, 4:50 p.m.:
Between all the criticism, there were also positive voices that supported the cannabis law.
Although Rhineland-Palatinate also abstained from the vote in the Bundesrat, Prime Minister Malu Dreyer (SPD) was confident.
In an interview with
SWR
, the 63-year-old praised the Federal Council's decision: "Overall, I'm actually very satisfied here in the Federal Council today." Dreyer justified the abstention with the lack of clarification regarding the amnesty.
“It was actually a concern that a solution could be found in the area of amnesty.”
Dreyer further emphasizes: “It was clear to us from the start that we were not attacking the cannabis law as a whole, but only at this one point.” The current amnesty regulation stipulates that penalties that have already been legally established in connection with cannabis consumption be canceled retroactively.
This means that the courts have to re-examine around 21,000 judgments.
Update from March 22nd, 1:35 p.m.:
Despite the Bundesrat's approval of the legalization of cannabis in Germany, criticism of the law continues across party lines.
Lower Saxony's Prime Minister Stephan Weil (SPD) does not believe that the debate will end.
“I'm pretty sure the issue of cannabis will keep us busy for quite a while,” said Weil after the vote in the state chamber.
The federal government would be very well advised to take the previous public discussion very seriously and to ask itself where such a law might need to be subsequently corrected.
There were also sharp words about the decision from the Union.
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Update from March 22nd, 12:43 p.m
.: The legalization of cannabis in Germany is coming - but Bavaria's Prime Minister Markus Söder (CSU) continued to criticize the decision in the Federal Council.
“Our country is on the wrong track,” wrote Söder on the X platform. Bavaria will “participate in everything that could stop or delay the law,” he added, announcing a very restrictive application of the new rules.
Cannabis legalization in Germany: Health Minister Karl Lauterbach (SPD) speaks about this in the Bundestag.
© Bernd von Jutrczenka
Federal Council decides to legalize cannabis – these rules now apply
Update from March 22nd, 11:38 a.m
.: The decision has been made: Despite many points of contention, the Federal Council has approved the legalization of cannabis.
On Friday (March 22nd), the state chamber passed a law passed by the Bundestag that would allow possession and cultivation of the drug for adults with requirements from April 1st.
An appeal to the mediation committee had previously failed despite intensive debate.
Federal President Frank-Walter Steinmeier now has to sign the law so that the new regulations can come into force.
But what rules apply then?
Here is the overview:
Possession:
Adults aged 18 and over are permitted to possess up to 25 grams of cannabis for personal consumption.
Cultivation:
Three live cannabis plants should be legal in your own home.
However, the amount in the apartment must not exceed 50 grams of cannabis.
Restrictions:
Smoking weed in public spaces remains prohibited in certain places in public spaces.
This includes: Cannabis may not be consumed within sight of schools or sports facilities.
Specifically, a distance of 100 meters as the crow flies from the entrance applies.
Federal Council approves the legalization of cannabis in Germany – criticism remains
Before the vote on the cannabis law in the Bundesrat, several federal states once again warned against legalizing the drug in Germany.
Saxony's Prime Minister Michael Kretschmer (CDU) said in the debate in the state chamber: “This law on the release of drugs cannot be about party politics.
(...) This question is so central, it is so personal, that it was clear to me that I would not agree to the legalization of drugs under any circumstances, even if it caused trouble in my Saxon coalition." Kretschmer governs Dresden with the SPD and Greens.
His coalition partners then rejected the law in the Bundesrat, which is why Saxony's vote was considered invalid.
The Dutch Prime Minister Mark Rutte recently advised him not to legalize it.
“It's a Pandora's box that you open and can never close again,” Kretschmer quoted from the conversation.
Criticism also came from Bavaria.
Health Minister Judith Gerlach (CSU) called the law a “misguided approach”.
It presents the states with massive additional administrative and enforcement costs.
She appealed to the states to refer it to the mediation committee.
This is the very last chance for the countries to intervene in the dangerous project.
“For everyone who might want to abstain today, you can open Pandora’s box (...) by abstaining,” said Gerlach.
“Otherwise a good day for the dealers”: Lauterbach is urgently promoting the cannabis law in the Federal Council
But Federal Health Minister Karl Lauterbach (SPD) tried to dispel the concerns in his closing speech.
The number of drug users and drug deaths has doubled in some places in recent years.
“We opened Pandora’s box a long time ago,” he said and called for a rethink.
Despite the bans, nothing was achieved.
He was also an opponent of legalization for years, but studies show that legalization could dry up the black market and relieve the burden on the judiciary, said the minister.
Because of the countries' concerns, he made many concessions.
"If we can't keep the law out of the mediation committee," he said, "then today will be a great day for the black market dealers."
Because then, Lauterbach continues, they would still have access and control over the cannabis.
Traffic light countries want to block cannabis law
Update from March 22nd, 9:55 a.m.:
Health Minister Karl Lauterbach has responded to criticism of the planned legalization of cannabis.
The SPD politician promised the federal states, among other things, to provide additional funds for addiction prevention.
This comes from a “protocol statement” that is available to the
ARD
capital studio.
Update from March 22nd, 9:21 a.m.:
Even green state governments have doubts about the planned legalization of cannabis in Germany.
So will
Baden-Württemberg voted in favor of calling the Mediation Committee in the debate about the cannabis law in the Federal Council.
This was announced by the federal representative of Baden-Württemberg, Rudi Hoogvliet, to the
dpa
news agency .
We share the basic objective of decriminalization, but the law was made incorrectly, he criticized.
The Greens in the state government feared that the amnesty regulation would overburden the judiciary, and the CDU was demanding even more far-reaching changes to the law.
Update from March 22nd, 8:30 a.m
.: Shortly before the discussion in the Bundesrat, the Union reiterated its rejection of the legalization of cannabis in Germany.
If the state chamber gives the green light to the project, the Union will “immediately reverse” the law after a possible government takeover in 2025, CDU leader Friedrich Merz announced in an interview with the
Funke media group
.
He considers Federal Health Minister Karl Lauterbach's plan to be a colossal "wrong decision".
Cannabis law in the Federal Council: Union announces resistance to legalization
Update from March 22nd, 6:17 a.m
.: Shortly before the vote in the Bundesrat, Bavaria's Interior Minister criticized the planned cannabis law in Germany.
The federal government’s plans are “unworldly” and “impractical,” said Joachim Herrmann (CSU).
“The question is: what can actually be controlled and where?” As examples, the politician cited guidelines on how many plants someone is allowed to have in their living room at home, or the distance regulations from schools and kindergartens when it comes to consumption.
“Should the police officers measure the distance now?” asked Herrmann and also announced the possibility of a lawsuit against the plans.
According to the traffic light coalition's plans, possession and cultivation of the drug will be permitted for adults to consume themselves on April 1st, with numerous requirements.
When asked whether he had ever smoked weed at some point, perhaps in his youth, Herrmann said: “No, I have never smoked weed.
I've never smoked at all.
I never felt like it.”
Cannabis law in Germany: Federal Council decides on legalization today
First report
: Berlin – Friedrich Merz found his first cannabis hit “terrible”.
Despite the criticism from the CDU opposition leader, the law on partial legalization of cannabis will be voted on on Friday (March 22nd).
Anyone caught with cannabis has previously had to expect a fine or, in serious cases, even prison.
That should change.
Why is the cannabis law controversial?
Strong criticism comes from the Union in particular, citing numerous health risks, including mental illnesses.
Similar warnings come from the medical profession.
Several state justice ministers, including those from the SPD and the Greens, also fear that the judiciary will be overwhelmed: Because of the planned amnesty for cannabis-related crimes, tens of thousands of judgments will have to be re-examined.
There is also criticism within the traffic light coalition: SPD internal politicians, for example, warn against “decriminalization of dealers”.
Cannabis in Germany: Can the legalization law still be stopped?
It is a so-called objection law: the state chamber does not have to agree to the law that has already been passed by the Bundestag.
However, she can appeal to the mediation committee on Friday, which would delay its entry into force.
State politicians from several federal states have already announced that they want to take this step.
At the moment, however, a majority in favor of a mediation procedure seems unlikely.
The traffic light parties had already agreed in their coalition agreement to enable “the controlled supply of cannabis to adults for recreational purposes”.
Federal Health Minister Karl Lauterbach (SPD) points out that attempts to suppress the black market through criminal law have failed.
Cannabis there is “often contaminated”, which creates additional health risks.
Cannabis in Germany: What are the legalization plans?
Possession of 25 grams of dried cannabis in public spaces should remain unpunished.
Cultivation and distribution should initially be made possible via cultivation associations.
When growing at home, up to 50 grams and three plants are allowed.
A phased entry into force of the reform is planned.
The law as a whole is scheduled to come into force on April 1st, but the regulations for the growing associations will not come into force until July 1st.
(frs/AFP)