Berlin Whether that will actually happen is still an open question. International and European legal rules for dealing with cannabis could stand in the way of legalization in Germany. The legal framework offers “limited options for implementing the coalition plan,” according to the key issues paper adopted by the cabinet. The so-called Schengen implementation agreement is mentioned in this context. A concrete draft law should therefore only be presented when it becomes apparent that there are no legal objections from the EU to the planned release of cannabis.
The key points in detail
The SPD, Greens and FDP had agreed in their coalition agreement to introduce “the controlled sale of cannabis to adults for recreational purposes in licensed shops”. The key points presented by Federal Minister of Health Karl Lauterbach (SPD) now provide for the following:
– Cannabis and the active ingredient tetrahydrocannabinol (THC) should no longer be legally classified as narcotics in the future.
– 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 should be avoided because of too much effort and possible criminal prosecution.
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– Private self-cultivation is allowed to a limited extent – “three female flowering plants per adult”. 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 a punishable offence.
– “Because of the increased risk of cannabis-related brain damage in adolescence” to examine whether there should be a THC upper limit for buyers under 21 years old.
– In addition to the sales tax on sales, a separate “cannabis tax” is planned, which is based on the THC content. The aim is a final consumer price “which comes close to the black market price”.
– Cannabis products for smoking and inhalation or ingestion in the form of capsules, sprays or drops should be allowed for sale. So-called edibles, such as cookies or sweets with cannabis, initially not.
– Education, prevention, advice and treatment options should be expanded. In particular, it is necessary to introduce low-threshold and comprehensive early intervention programs for consumption reflection for young people who use drugs, according to the key points.
– At the same time, data should be collected and analyzed on the social impact of the 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 key points are only an intermediate step. In the course of a legislative process, if it comes to that, many details can still change.
The Bavarian state government reiterated its criticism of the project. “The federal government’s legalization plans are a dangerous signal not only for Germany, but also for the whole of Europe,” Health Minister Klaus Holetschek (CSU) told the “Augsburger Allgemeine” (Wednesday). The consumption of cannabis poses “significant and sometimes irreversible health and social risks”. Holetschek also warned of “drug tourism to Germany”.