The federal cabinet has agreed on the key points for the planned legalization of cannabis. Health Minister Karl Lauterbach (SPD) presented the details on Wednesday in Berlin. Accordingly, the purchase and possession of cannabis should be allowed within limits in the future. According to the minister, a concrete draft law should only be drawn up when it becomes apparent that the EU has no legal objections to the release of cannabis – which is by no means certain. Lauterbach said: “I think we’re well prepared. I think a stalemate like the toll is out of the question.” In his view, the federal government’s project “could be a model for Europe.” Regarding the schedule, he said: “I can well imagine that legality will be achieved in 2024.” However, the preparation of the law will be no small matter.
When presenting the key points, Lauterbach said that the government was concerned with decriminalization and better child and youth protection as well as better health protection. “We want to create clear conditions, if this law were to come about, it would be the most liberal cannabis liberalization project in Europe,” said the Minister of Health. At the same time, he pointed out that no complete legalization was planned – he spoke of “narrow limits”. Lauterbach said: “We want to strictly regulate the market, make sure that the tax does not go to children and young people. We want to control the entire market.” We learned from bad experiences in the Netherlands.
Here is an overview of the details:
- Cannabis and the active substance tetrahydrocannabinol (THC) should no longer be legally classified as narcotics in the future.
- The acquisition and possession of a maximum of 20 to 30 grams of “pleasure cannabis” for personal consumption should be exempt from punishment – regardless of the specific THC content. A THC limit should be avoided because of too much effort and possible criminal prosecution.
- Private cultivation is allowed to a limited extent – “three female flowering plants per adult”. These must be protected from access by children and young people.
- The sale should be made possible in “licensed specialist shops” – access only from the age of 18 – and possibly pharmacies. Advertising for cannabis products is prohibited. The amount that can be sold per customer is limited. There will initially not be a mail order business. Trading without a license remains a punishable offence.
- “Because of the increased risk of cannabis-related brain damage in adolescence” it should be examined whether there should be a THC upper limit for buyers under 21 years of age.
- In addition to the sales tax on sales, a separate “cannabis tax” is planned, which is based on the THC content. The aim is a final consumer price “which comes close to the black market price”.
- Cannabis products for smoking and inhalation or ingestion in the form of capsules, sprays or drops should be allowed for sale. So-called edibles, such as cookies or sweets with cannabis, initially not.
- Education, prevention, advice and treatment options are to be expanded. In particular, it is necessary to “introduce low-threshold and comprehensive early intervention programs to reflect on consumption for young people who consume drugs,” according to the key points.
- At the same time, data are to be collected and analyzed on the social impact of the cannabis release. After four years, the regulations are to be evaluated and, if necessary, adjusted, especially with a view to health, child and youth protection and road safety.
The Bavarian state government is critical
The Bavarian state government has meanwhile reiterated its criticism of the traffic light coalition’s project. “The federal government’s legalization plans are a dangerous signal not only for Germany, but also for the whole of Europe,” says Health Minister Klaus Holetschek (CSU). Augsburg General. “Cannabis has powerful mood and cognition altering effects,” he warns. Consumption harbors “significant and sometimes irreversible health and social risks”.
Holetschek also expresses the fear that legalization in Germany will also attract cannabis fans from other European countries. “Therefore, the federal government must ensure that there are no incentives for drug tourism to Germany.”