faq
A major project from the traffic light coalition is to be voted on in the Bundestag today: the legalization of cannabis. What exactly should be allowed, what concerns are there and what happens next? An overview.
After decades of discussions, the Bundestag is set to vote today on the partial legalization of cannabis in Germany. The traffic light coalition’s plans for controlled release with numerous specifications have been criticized from several sides until recently.
What exactly should be allowed?
The traffic light coalition’s legislative plans provide for the release of the drug with numerous rules. Cultivation and possession of certain quantities for personal consumption should therefore be permitted for adults from April 1st.
Adults aged 18 and over should generally be allowed to possess up to 25 grams of cannabis for personal consumption. Three live cannabis plants should become legal in your own home and up to 50 grams of cannabis for personal consumption.
Clubs for non-commercial cultivation will also be possible on July 1st. “Growing associations” for adults in which up to 500 members residing in the country grow cannabis together and sell it to each other for their own consumption should be permitted – a maximum of 50 grams per member per month.
Previous convictions for possession or personal cultivation of up to 25 grams or a maximum of three plants should be able to be deleted from the Federal Central Register upon request.
Which restrictions there is?
Public consumption should be banned, among other things, in schools, sports facilities and within sight of them – specifically within 100 meters of the entrance area as the crow flies. Smoking weed is not allowed in pedestrian zones until 8 p.m.
Minors caught with cannabis must participate in intervention and prevention programs. No later than 18 months after the law comes into force, an initial assessment should be available on, among other things, how it affects the protection of children and young people.
How well will the law work?
Health Minister Karl Lauterbach said: “With this law we will achieve that we will significantly reduce the black market, that we will protect children and young people better and that we will have a safe product for consumers who consume and are older.” The current policy has failed because there are more and more consumers, including young people.
The federal government’s drug commissioner, Burkhard Blienert (SPD), also expects positive effects of partial legalization. “Bans don’t help against smoking weed, and the current criminalization of people has nothing to do with health protection,” Blienert told the Germany editorial network. The reality of life for 4.5 million adult cannabis users last year makes this abundantly clear. He spoke of a new drug and addiction policy, “away from stigmatization and criminalization, towards more protection and help.” Whether the law can meet the federal government’s demands is controversial.
What concerns are there?
Warnings come from, among others, medical associations and domestic politicians at the federal and state levels, including from the co-governing SPD.
The German Association of Judges warned that the judiciary would be overburdened by an amnesty regulation provided for in the law. “The judiciary is expecting more than 100,000 files nationwide that will have to be checked again in the event of the planned retroactive remission of penalties for cannabis offenses,” said Federal Managing Director Sven Rebehn to the “Editorial Network Germany”.
For the public prosecutor’s offices, the law means “that they have to manually evaluate all criminal files relating to the Narcotics Act again to determine whether the facts in question would be unpunished under the new legal situation.” The courts therefore also face an enormous additional burden.
Doctors warn urgently about the dangers of the drug. Medical President Klaus Reinhardt told WDR: “Cannabis is a substance that, firstly, has the potential for dependence; around ten percent of regular or users of cannabis have an addiction.” Secondly, regular consumption up to the age of 25 could cause permanent damage to the brain maturation process. He fears that legalization would initially allow more people to try the drug.
Where should you be able to buy cannabis?
Initially, there will be “non-profit” associations that are allowed to collectively grow cannabis for recreational purposes and sell it to members for their own consumption.
The umbrella organization of German cannabis social clubs expects a boom after legalization. “I assume that we will have 3,000 or even 4,000 clubs in Germany within a year,” said association chairman Steffen Geyer to the “Editorial Network Germany”.
There are currently 300 groups that are in the founding phase of a club or are just waiting for the law to finally come into force.
The originally planned “licensed specialist shops”, i.e. cannabis shops where the drug can be legally purchased from the age of 18, will not exist for the time being. Distribution in shops is planned in a second step, but only with scientific support in regional model projects. It was said that the government had agreed on this after discussions with the EU Commission.
What rules should apply to “cannabis clubs”?
The proposed non-profit organizations should have a maximum of 500 members. 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 multiple clubs is prohibited.
Quantity limits are also in place here: a maximum of 25 grams of cannabis per day and a maximum of 50 grams per month may be dispensed per club member. People under 21 receive 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 membership fees; if necessary, an additional amount per gram dispensed will be added.
Consumption is not permitted in the club rooms and serving alcohol is also prohibited. There is also a minimum distance between the clubs and schools and daycare centers.
What should the model projects look like?
The possible second step, the model projects, should look like this: “Commercial supply chains” should be tried out in districts and cities in several federal states, from production to distribution to the sale of cannabis in specialist shops.
The projects should be scientifically supported, limited to five years and limited to the residents of these communities. The effects on health and youth protection as well as the black market should be examined.
However, this second pillar of the planned legalization is “probably still subject to notification,” as the federal government says. This means that the EU will probably have a say. Lauterbach emphasized that the scientific investigation was “open-ended”. “I can’t rule out the possibility that it will remain with the first pillar.”
It also needs to be clarified whether cannabis imports should also be permitted to ensure secure supply chains. A nationwide, free sale of cannabis would only be possible after this five-year test phase and renewed approval from the EU Commission. Lauterbach and Özdemir emphasized that the EU is campaigning with like-minded countries to ensure that the European rules can be changed by then.
Will the law be passed today?
Health Minister Lauterbach said on Thursday in Berlin that he was very confident that the law would be passed as prepared. “This is an important improvement in our drug policy,” said the SPD politician.
The Union called on doubting MPs to vote no. Union health expert Tino Sorge once again appealed to members of the traffic light factions in the “Rheinische Post”: “Stop this irresponsible project.” The law should be voted on by roll call.
What happens after the Bundestag?
After a resolution in the Bundestag, the law will finally go to the Bundesrat. But there is no need for approval there. Lauterbach said: “I therefore expect the law to pass in the way we have developed it over the months.”
In principle, the state chamber could, with the necessary majority, call the joint mediation committee with the Bundestag and thus slow down the process. Bavaria wants to work for this. A corresponding proposal from the government factions of the CSU and Free Voters received the necessary majority in the Munich state parliament on Thursday.