The Federal Cabinet is today dealing with the planned legalization of cannabis in Germany. It is not yet about a specific legislative procedure, but initially about the adoption of so-called key points, i.e. the basic features of the project. A concrete draft law should only come when it becomes apparent that there are no legal objections from the EU to the planned release of cannabis – which is by no means certain.
The key issues paper presented by Federal Minister of Health Karl Lauterbach (SPD) and coordinated internally in the government is available to the German Press Agency.
The details:
Cannabis and the active ingredient tetrahydrocannabinol (THC) will no longer be legally classified as narcotics. 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 is to be dispensed with because of too much effort in the event of possible criminal prosecution. Private cultivation is permitted to a limited extent – “three female flowering plants per adult person”. 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 punishable. “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 depends on the THC content. The goal is a retail price “which comes close to the black market price”. 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 use it,” says the key points. In addition, data should be collected and analyzed on the social effects of 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 cornerstones are just a first step. In the course of the European vote and in a possible legislative procedure for the cannabis law, many details can still change. Lauterbach wants to comment on the details in Berlin today.
Critics speak of a “dangerous signal”
The Bavarian state government reiterated its criticism of the project of the traffic light coalition. “The federal government’s legalization plans are a dangerous signal not only for Germany, but also for the whole of Europe,” said Health Minister Klaus Holetschek (CSU) of the “Augsburger Allgemeine”.
“Cannabis has powerful mood and cognition altering effects,” he warned. Consumption harbors “significant and sometimes irreversible health and social risks”. Holetschek also expressed the fear that legalization in Germany would also attract cannabis fans from other European countries. “Therefore, the federal government must ensure that no incentives are created for drug tourism to Germany.”
