Concerned that its cannabis law could fail in the mediation committee, the federal government is making an offer to the states. However, she is sticking to the retroactive remission of sentences.
Several pages of concessions from the federal government are intended to prevent the states from calling the mediation committee in the Bundesrat on Friday. A “protocol statement” is apparently intended to respond to their concerns. It has now been sent to the country website in advance and is available ARD capital studio before.
Among other things, this is about more money for addiction prevention. The Federal Ministry of Health will ensure that additional funding of six million euros to expand cannabis prevention remains available beyond 2024. The federal government also wants to support a center for prevention work with 20 million euros. This goes “beyond previous plans,” the paper advertises.
Large areas of cultivation are excluded
The federal government is also prepared to address the concerns of the states when it comes to the rules for cultivation associations: the Cannabis Act currently provides for an annual inspection of the associations. So that the countries have less effort, they now only want to require “regular controls”.
In addition, “large-scale cultivation areas should be excluded” so that the cannabis clubs cannot grow into commercial plantation operators. Clubs should also be prohibited from outsourcing certain activities to contractual partners.
Retroactive amnesty should remain
However, the federal government wants to stick to the retroactive remission of penalties. This means: The judicial authorities of the federal states must review all files with cannabis sentences that have not yet been enforced. For example, if someone has been convicted of multiple offenses – including a cannabis offense that will be permitted in the future – the case must be re-examined.
The states have been complaining for weeks that this amnesty on April 1st was too short-term and would lead to overload. There could even be claims for compensation if the justice system works too slowly. The federal government writes in its statement that “imprisonment compensation or criminal liability for public officials” is “unlikely.”
Probably not a majority for Mediation Committee
It is still unclear whether the states will appeal to the mediation committee in the Bundesrat on Friday – but a majority seems questionable. Saxony’s Health Minister Petra Köpping (SPD) has already announced that she will not support a mediation committee. Lower Saxony, Bremen, Berlin and Hesse are also expected to abstain. Other states such as Bavaria and Saarland had declared in the past few days that they wanted to involve the committee.
However, a majority for a mediation committee is becoming increasingly unlikely due to the federal government’s announced protocol declaration. On April 1st, the partial legalization of cannabis could actually become a reality.
Vera Wolfskämpf, ARD Berlin, tagesschau, March 21, 2024 6:04 a.m