DThe federal states have cleared the way for the legalization of cannabis. On Friday, the Federal Council decided against calling the mediation committee and thereby approved the cannabis law, which was controversial until recently.
Before the vote, representatives of several federal states in the state chamber warned urgently about the negative consequences of the law – but a majority in favor of calling the mediation committee was not achieved in the vote. A mediation process between the federal and state governments would have delayed the law’s entry into force.
The traffic light coalition’s law allows adults to consume and, in limited quantities, possess and grow the drug. It can come into force as planned on April 1st.
Bavaria, Baden-Württemberg, Brandenburg and Saarland voted in favor of calling the mediation committee. All other federal states except Saxony abstained on the question of whether the mediation committee should be contacted. The law was therefore able to pass the Federal Council.
Normally, voting in the state chamber is simply done by a show of hands. However, Saxony had asked that every individual federal state be called upon to vote. Background: The government made up of the CDU, SPD and Greens in Dresden had not previously agreed on how to vote. This also applied to other countries with coalitions of opponents and supporters of cannabis legalization. However, they therefore agreed to abstain.
Saxony’s vote was considered invalid
In contrast, Prime Minister Michael Kretschmer (CDU) wanted to make it publicly clear for Saxony that he is strictly against cannabis legalization. This question is so central and 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,” he said.
Kretschmer therefore voted in favor of calling the mediation committee, while his coalition partners from the SPD and the Greens voted to abstain. The inconsistent vote was deemed invalid by Federal Council President Manuela Schwesig (SPD).
Michael Kretschmer (CDU) next to his Environment Minister Wolfram Günther (Greens) in the Federal Council
Source: dpa/Bernd von Jutrczenka
This is reminiscent of a spectacular vote in the Federal Council exactly 22 years ago. In the vote on the then red-green immigration law on March 22, 2002, the Prime Minister of Brandenburg, Manfred Stolpe (SPD), voted yes, while his Interior Minister Jörg Schönbohm (CDU) voted no. Stolpe’s vote was seen as the state’s decision. But the Constitutional Court stopped the law nine months later and upheld the lawsuit from six Union-led countries because countries had to vote uniformly.
With partial legalization, the traffic light coalition wants to initiate a change in drug policy. Until recently, there were numerous concerns from the federal states. They must implement the new rules, monitor compliance and implement an amnesty for cannabis offenses that are no longer punishable under the new law.
Lauterbach: “The cannabis policy of the last ten years has failed”
Health Minister Karl Lauterbach has described the decision to partially legalize cannabis as a groundbreaking decision. “The cannabis policy of the last ten years has failed,” said the SPD politician. Lauterbach cited a doubling of consumption among children and young people and a doubling of the number of drug deaths. In addition, the black market is getting bigger and bigger. “It could not go on like that. I was also against cannabis legalization for years, but the studies show that we need a new offer here.”
The SPD politician said he expected that 75 percent of the black market could be pushed back. Regarding warnings from Saxony and Bavaria that legalization would open “Pandora’s box,” Lauterbach said: “Pandora’s box is wide open, and with this measure today that we are fighting the black market, we are trying to open Pandora’s box close.”
Resistance also comes from other social democrats. “The law urgently needs to be revised,” said Brandenburg’s Prime Minister Dietmar Woidke (SPD). “I think it’s even worse that it’s now going to come into force in such a rush.” Factually and technically regulated things, including distance rules from schools and quantity limits, which are mainly dealt with by state authorities, are sometimes not enforceable, said Woidke.
Bavaria’s Health Minister Judith Gerlach (CSU) called the law an aberration. It also presents the states with massive additional administrative and enforcement costs.
Police union expects conflicts with citizens
The police union (GdP) expects difficulties and an additional burden for the police after the approval of the cannabis law by the Federal Council. “The states have missed the opportunity to exercise political common sense in the face of many open questions,” said GdP deputy federal chairman Alexander Poitz on Friday. Police, customs, judicial authorities and youth welfare offices would now face unnecessary challenges. “From April 1st, our colleagues will be caught in numerous conflict situations with citizens,” predicted the GdP vice-president. Because there are still uncertainties on all sides.
In the future, adults aged 18 and over will be allowed to carry up to 25 grams of cannabis for their own consumption and store up to 50 grams at home. Three plants are allowed for home cultivation. From July onwards, cannabis clubs will be allowed to grow and purchase the drug on a limited basis. Public consumption is permitted on a limited basis. It is not permitted within sight of children’s and youth facilities or sports facilities. Smoking weed is allowed in pedestrian zones from 8 p.m. Cannabis remains prohibited for minors.