The original concept of the traffic light coalition went too far for the EU Commission. Ministers Lauterbach and Özdemir have now presented the revised key points. Specialist shops in which intoxicants are freely sold should initially not exist.
The cannabis legalization in Germany is smaller than originally planned – and it is limited to the private sector and clubs. Federal Minister of Health Karl Lauterbach (SPD) and Minister of Agriculture Cem Özdemir (Greens) presented the revised plans of the traffic light coalition in Berlin. The possession of a maximum of 25 grams of cannabis and the self-cultivation of a maximum of three plants should in future be exempt from punishment. In addition, the federal government wants to enable the cultivation and sale of the drug in special associations.
For the time being, the planned specialist cannabis shops in which Rausch products can be freely sold will not exist. This is only to be tested in a second step and only in a few model regions – with scientific support. The government agreed on this after talks with the EU Commission, it said.
In their coalition agreement, the SPD, Greens and FDP agreed to introduce the “controlled sale of cannabis to adults for recreational purposes in licensed shops”. Lauterbach had already submitted proposals for this in the autumn. From the start, however, there were concerns that the plans could be thwarted by international and EU law.
Lauterbach and Özdemir fundamentally defended the legalization plans. The black market should be pushed back, both affirmed. “The promise that he would disappear completely would not be serious,” said Özdemir. But: “Nobody should have to buy from dealers without knowing what you’re getting.”
Lauterbach spoke of a controlled supply of cannabis to adults “within clear limits”, flanked by preventive measures for young people. The consumption of cannabis by children and young people under the age of 18 remains prohibited. “That’s not going to change.” However, better prevention programs for minors are to be set up.
First concrete bill in April
According to Lauterbach, the previous cannabis policy had failed. “Violations of the Narcotics Act increased steadily in the pre-Corona period.” According to the minister, around 55,000 cases were recorded in Bavaria alone in 2019. Nationwide, the number of recorded drug offenses and violations of the Narcotics Act has increased every year since 2011.
The new key points for the legalization project are another intermediate step. The next thing to be presented in April is a first concrete draft law to regulate ownership, self-cultivation and associations – the so-called cannabis social clubs. After a vote in the government and a cabinet decision, this would later have to be passed by the Bundestag and Bundesrat.
The key points in detail:
- Possession of up to 25 grams of cannabis remains unpunished, and such a quantity may also be carried in public.
- A maximum of three “female flowering plants” are allowed in self-cultivation – protected from access by children and young people.
- “Non-profit” associations with a maximum of 500 members may collectively grow cannabis for recreational purposes and only sell it to members for their own consumption. The minimum age is 18 years. The clubs must appoint youth protection, addiction and prevention officers and are not allowed to advertise themselves. Membership in more than one club is prohibited.
- A maximum of 25 grams of cannabis per day and a maximum of 50 grams per month may be dispensed per club member. Under 21-year-olds get a maximum of 30 grams per month, and an upper limit on the active ingredient content should also be set for them. The costs should be covered by the membership fees, if necessary, an additional amount per gram delivered.
- Consumption is not permitted in the club rooms, and serving alcohol is also prohibited. In addition, there is a minimum distance for the clubs to schools and daycare centers.
- Consumption in public near schools or day-care centers is prohibited. It is not allowed to smoke weed in pedestrian zones until 8 p.m.
- Previous convictions for possession or self-cultivation of up to 25 grams or a maximum of three plants can be deleted from the federal central register upon request.
- Minors caught using cannabis must participate in intervention and prevention programs.
- In a second step, “commercial supply chains” are to be tried out in model projects in districts and cities in several federal states, from production and distribution to the sale of cannabis in specialist shops. The projects are scientifically monitored, limited to five years and limited to the residents of these communities.
- This second pillar of the planned legalization is “probably still subject to notification,” according to the federal government. This means that the EU may have a say and it is therefore unclear at the moment whether anything will come of it in the end.
Some key points can still change in the legislative process.