Objections from Brussels have forced Germany to revise downward its plan to legalize cannabis. The government of Olaf Schölz intended to authorize the sale of this drug for recreational purposes in specialized stores, or even pharmacies, throughout the country. However, the traffic light coalition of Social Democrats, Liberals and Greens (which had included this initiative as the flagship project of its joint programme) has had to limit the scope of decriminalization due to pressure from the European Commission.
“After discussions with the European Commission, we have developed new pillars,” admitted the German Health Minister, the social democrat Karl Lauterbach. The new German legislation will take into account “the limits of international and EU law”, underline your department. Current EU law sets minimum criminal penalties for illicit drug trafficking and prohibits the cultivation of cannabis, although it does not cover personal drug use.
After consultation with Brussels, Germany renounces its original project of full legalization of the narcotic and the general sale in stores, which it had presented in November 2022. Instead, the cultivation and sale of the drug is initially authorized only in special associations, the so-called cannabis club.
[El plan de Alemania para legalizar el cannabis choca con las reservas de la Unión Europea]
The number of members per association is limited to a maximum of 500 persons, with a minimum age of 18 years and domicile or habitual residence in Germany. Within these clubs, the purchase of a maximum of 25 grams of cannabis per day will be allowed, and a cap of 50 grams per month. For those under 21, the limit is lower: 30 grams per month. The private cultivation of up to three plants is also authorizedwith a maximum of 7 seeds or 5 cuttings per month that may be supplied by the club.
“The use of cannabis will be legal this year.” The bill to implement this initiative of private clubs will be presented at the end of April, as announced by the Minister of Agriculture, the green Cem Ozdemir. “We allow a controlled delivery of cannabis to adults that is protective, not condescending. It’s a good day for youth protection and justice, not a good day for traffickers,” she wrote on the Twitter account of she.
The German Ministers of Agriculture and Health, Cem Özdemir and Karl Lauterbach, during the press conference this Wednesday to present their cannabis legalization plan
In parallel, the German government will launch a pilot project -with a duration of five years- that will allow a small number of stores authorized in some regions commercial distribution of cannabis. Legislation for this pilot project will be introduced after the summer. The model will be subject to scientific monitoring and evaluation and its results will be shared with the EU partners and the Commission.
“Previous cannabis policy has failed. Violations of the Narcotics Law have increased steadily. We know that we will not advance further with the toughening of criminal legislation,” argued the Minister of Health. In fact, the Government of Berlin plans to file criminal proceedings against those convicted of cannabis possession, although it has not clarified who exactly will benefit from this amnesty.
Germany further intends forge an alliance of EU countries with similar theses with the aim of make EU legislation on cannabis more flexible. Other Member States have already taken steps to legalize this drug. In malta law of December 2021 decriminalizes the consumption and cultivation of this drug, although with limits.
He too Luxembourg government approved in June 2022 a bill that allows adults to grow up to four cannabis plants in their homes. The best known case is that of Hollandwhere since 1976 the authorities have tolerated the use of cannabis in coffee shops, although with increasing restrictions for tourists. In 2020, a bill came into force that allows the cultivation and sale of this drug for recreational purposes in a four-year pilot project.
In any case, support for the legalization of cannabis is not unanimous in Germany. The Christian Democrats of the CDU have criticized the plan of the Scholz government. “The stoplight coalition is fundamentally wrong. Drug legalization is simply the wrong approach. As Minister of Health, Karl Lauterbach seriously proposes the creation of drug clubs. This does not solve problems, it creates new ones”, denounces the president of Bavaria, Markus Soder.
