Opinion on cannabis plans: EU law speaks against legalization

Cannabis is to be legalized in Germany. However, a report by the Bundestag’s scientific service sees legal hurdles for this. Experts warn that two EU treaties are a problem.

According to an expert opinion, the planned cannabis legalization in Germany could be in conflict with EU law. In an investigation commissioned by the CSU health politician Stephan Pilsinger, the scientific service of the Bundestag lists two EU treaties to which Germany is also bound and which stand in the way of controlled cannabis legalization. The analysis is available to the “RedaktionsNetzwerk Deutschland” and the dpa news agency.

EU regulations as an obstacle

So write, for example, the so-called EU Framework Decision of 2004 stipulates that every member state must criminalize the manufacture, supply and sale of drugs. It is said to refer to all drugs listed in a 1971 Convention on Psychotropic Substances, including cannabis. The framework decision also stipulates that each member state must punish violations with “effective, proportionate and dissuasive criminal penalties”.

The report by the scientific service also identifies a second problem: that Schengen protocol. In it, the contracting countries, including Germany, committed themselves to “preventing the illegal export of narcotics of all kinds, including cannabis products, as well as the sale, procurement and delivery of these funds by administrative and criminal means”.

Pilsinger warns of dangers

Pilsinger said the drafts showed that the legalization of cannabis provided for in the coalition agreement would not be legal. Simply tolerating cannabis, as it is done in the Netherlands, cannot and must not be an option for Germany. “The protection of minors must always be a top priority for us in Germany, just like pushing back and fighting the black market,” said Pilsinger.

According to the scientific service, the “Opium Act” still applies in the Netherlands, making the cultivation, sale and possession of cannabis a punishable offence. According to the Bundestag lawyers, the sale of cannabis is still “illegal in formal terms”, but will not be prosecuted within the tolerance limit.

Legalization plans are underway

The traffic light coalition agreed in the coalition agreement to introduce a “controlled sale of cannabis to adults for recreational purposes in licensed shops”.

Preparations for the legislative process are currently underway. The federal drug commissioner, Burkhard Blienert (SPD), had announced a draft law for the end of this year or the beginning of next year.