Cabinet decides key points: further step towards cannabis legalization

The federal government has decided on key points for cannabis legalization in Germany. However, EU legal concerns still have to be clarified – and the criticism of the project does not stop.

The federal cabinet has approved Health Minister Karl Lauterbach’s plans to legalize cannabis. His cornerstones of the planned law provide for exemption from punishment for the acquisition and possession “up to a maximum amount of 20 to 30 grams of recreational cannabis for personal consumption in private and public spaces”. Private cultivation is permitted to a limited extent.

“The production, supply and distribution of recreational cannabis will be permitted within a licensed and government-controlled framework,” the key points continue. There should be no upper limit for the THC content for the sale of cannabis to people over the age of 21, such a measure is being examined for younger adults.

International law could overturn projects

With the template, Lauterbach is implementing a project from the coalition agreement of the traffic light government. After the cabinet decision, the legislative process is now to begin. Whether that will actually happen is still an open question. International and European legal rules for dealing with cannabis could stand in the way of legalization in Germany.

The legal framework offers “limited options for implementing the coalition plan,” according to the key issues paper adopted by the cabinet. The so-called Schengen implementation agreement is mentioned in this context. A concrete draft law should therefore only be presented when it becomes apparent that there are no legal objections from the EU to the planned release of cannabis.

Criticism from Bavaria

The Bavarian state government reiterated its criticism of the project. “The federal government’s legalization plans are a dangerous signal not only for Germany, but also for the whole of Europe,” said Health Minister Klaus Holetschek (CSU) of the “Augsburger Allgemeine”. The consumption of cannabis involves “significant and sometimes irreversible health and social risks”. Holetschek also warned against “drug tourism to Germany”.

Warning from the Pharmacist Association in North Rhine-Westphalia

The North Rhine Pharmacists’ Association reprimanded Lauterbach’s plans. “The Drug Commission of German Pharmacists has clearly spoken out against the legalization of cannabis for recreational purposes and has warned of the health risks of cannabis consumption,” said association leader Thomas Preis of the “Rheinische Post”.

The pharmacies see themselves in a professional conflict, said Preis. Due to their professional expertise, they are ideally suited to meet the necessary high quality standards in delivery and advice. “On the other hand, pharmacists are health professionals,” emphasized the head of the association. Accordingly, a “possible competitive situation with purely commercial providers is viewed particularly critically”.