It is one of the traffic light coalition’s major socio-political projects – and it has now reached its goal: smoking weed will be permitted for adults within limits. However, there are still open questions regarding implementation.
In the end it was still a tough game. The hotly contested legalization of cannabis has also cleared the final hurdle in the Federal Council – but that was uncertain until almost the end. After the showdown in the state chamber, the traffic light coalition’s law is a done deal.
Adults will soon be able to smoke the first permitted “joints”: on Easter Monday, April 1st. The lead time for the controlled release of the drug with numerous rules and regulations is no longer long.
Why is legalization even happening?
It is a turning point in drug policy. “Cannabis is very widespread despite the current ban,” said Federal Drug Commissioner Burkhard Blienert (SPD). A rethink and more youth protection are urgently needed.
Health Minister Karl Lauterbach (SPD) is committed to limiting risks and pushing back the black market in contaminated substances. But he also emphasizes the message: “It will be legal, but there are problems.” Until now, many parents did not know how harmful consumption was. Young adults in particular should be made aware of the increased risks.
How should legalization be implemented?
Cannabis is removed from the list of prohibited substances in the Narcotics Act. In future, dealing with it will generally be prohibited by law – but with three exceptions for people aged 18 and over. These concern the ownership of certain quantities, private cultivation as well as cultivation and distribution in special associations. In general, personal consumption is not one of the prohibited activities according to the international legal framework, as stated in the draft law. The use of cannabis and consumption in the military areas of the Bundeswehr should remain taboo.
What exactly should be possible for adults in the future?
It is permitted to possess up to 25 grams of dried plant material for personal consumption, which can also be carried in public spaces. You can store up to 50 grams in your private apartment. Three plants can also be grown there at the same time. Anything beyond this must be destroyed immediately. Harvesting may only be done for personal consumption and not for passing on to others. Seeds, plants and harvested cannabis must be protected against theft and access by children – for example with lockable cupboards and rooms.
What should cannabis cultivation clubs look like?
“Growing associations” will also be allowed on July 1st. So something like clubs for adults, in which up to 500 members grow cannabis and distribute it to each other for their own consumption – a maximum of 25 grams per member per day and a maximum of 50 grams per month. For 18 to 21 year olds, 30 grams per month should be allowed with a maximum of ten Percent tetrahydrocannabinol (THC) is permitted, which is the substance with the intoxicating effect.
The clubs must be organized as non-commercial associations and require a permit that is valid for a limited period of time. The attached building may not be an apartment and may not have conspicuous signs. Advertising is taboo, including cannabis consumption directly on site. Cultivated areas and warehouses must be secured, and rules should apply to transport.
What other requirements are there?
To get community-grown cannabis, you have to accept it on site, present your membership card and an official photo ID. Only cannabis in its pure form is permitted, i.e. as dried flowers and leaves close to the flowers (marijuana) or secreted resin (hashish). Mixtures with tobacco, nicotine or food are prohibited.
The pack must be neutral. An information sheet must list, among other things, the weight in grams, the variety, the average THC content in percent and information about the risks of consumption. A purchase price may not be charged; the associations should finance themselves through their membership fees. Documentation requirements and official controls are also regulated.
What about children and young people?
The purchase, possession and cultivation of cannabis remains completely prohibited for minors, as the Ministry of Health emphasizes. Passing it on to children and young people is a punishable offense. Consumption “in the immediate presence” of people under 18 is prohibited, as is in pedestrian zones from 7 a.m. to 8 p.m. Smoking weed is prohibited in playgrounds, schools, sports facilities, children’s and youth facilities and within sight of them – i.e. within 100 meters of the entrance area as the crow flies. Initially 200 meters were planned.
What exactly happened in the Federal Council?
Considerable concerns had been brewing among the countries – about legalization, but also about its practical implementation by the police and judiciary. The Bundesrat committees listed objections and recommended sending the law to the mediation committee with the Bundestag.
However, the required 35 of a total of 69 votes did not come together in the plenary session: only Bavaria, Baden-Württemberg, Brandenburg and Saarland were in favor. What is still missing is the signature of Federal President Frank-Walter Steinmeier and the official proclamation of the law.
What are the biggest criticisms?
In addition to broad criticism from medical associations, the police and judiciary and from domestic politicians, protests have also formed in the Federal Council. The leading health committee proposes to postpone the entire law until October 1st and to reduce the legal possession amounts. The Interior Committee warns that several cultivation associations should not operate in the same place or in the same house in order to prevent “plantations”. There is also criticism of distance rules that are too low. A planned amnesty for old cases that would no longer be punishable under the new law has caused a lot of anger because of fears that the judiciary would be overburdened.
What regulations still exist with legalization?
At the same time, the Ministry of Transport is currently examining how a THC limit could be set for cannabis while driving – similar to the 0.5 per mille limit for alcohol. Expert suggestions should be available by the end of March. Sanctions are also regulated: adults who have up to 30 grams of cannabis with them or up to 60 grams at home are committing an administrative offense. If there are more, you are still committing a crime. With the planned amnesty, those affected should also be able to apply for the corresponding entries in the Federal Central Register to be deleted. This is relevant, for example, for certificates of good conduct.
What’s next?
There is not much time left until it comes into force on April 1st. And warnings have already come from the countries that there will be no legally produced cannabis at the start because the plants have to be grown first. Preparations are necessary to set up cannabis clubs.
The federal government must also take action and implement subsequent changes to the law before July 1st, as it promised to do in a statement to the Federal Council. This involves, for example, more flexible implementation rules. A planned second pillar of legalization is on hold anyway: model projects with licensed shops.