Cannabis legal: home cultivation, age limit, price

Berlin Health Minister Karl Lauterbach used to be a staunch opponent of cannabis legalization. With the controlled release of the drug, the SPD politician is now launching one of the few projects of the traffic light coalition on which there is consensus across factions.

On Wednesday, the federal cabinet decided on the main features of the project. A concrete draft law is only to 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. International and European legal rules for dealing with cannabis, which primarily focus on health protection, could stand in the way of legalization in Germany.

Lauterbach was therefore also cautious. “I will not sell this as a major breakthrough in drug policy,” he said in Berlin. The key points will be forwarded to the European Commission on Wednesday. “The examination will show whether we can expect infringement proceedings,” he said.

In the event of legal reservations, there will be no draft law on the basis decided by the cabinet, but there may be changes. Lauterbach does not necessarily see a hurdle in the rules at European and international level. He argued that the goal of protecting the health of citizens could be better implemented with the federal government’s approach.

“We’re trying to improve health protection by legalizing,” he said. The black market should be suppressed in this way, and the entire amount of legalized cannabis should be produced under controlled conditions in Germany. Lauterbach also relies on reconnaissance.

“But if we are successful, it could be an impetus for drug policy across Europe,” said Lauterbach. He then expects a draft law in spring 2023.

The details of the planned cannabis legalization:

• Cannabis and the active substance 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.
• Private 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” 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 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 are to be expanded. In particular, it is necessary to “introduce low-threshold and nationwide early intervention programs to reflect on consumption for young people who use drugs,” says the key points.
• At the same time, data will be collected and analyzed on the social impact 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.

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The SPD, Greens and FDP have agreed in the coalition agreement to introduce a “controlled sale of cannabis to adults for recreational purposes in licensed shops”. Several expert hearings were organized to prepare extensive regulations for this.

In mid-May, the budget committee also increased the funds for addiction prevention by three million euros. “This is not only necessary in view of the cannabis legalization, but also in view of the continuing large number of addictions in society,” said the Green politician Paula Pichotta the Handelsblatt.

Critics speak of a “dangerous signal”

The Bavarian state government reiterated its criticism of the traffic light coalition’s project. “The federal government’s legalization plans are a dangerous signal not only for Germany, but for the whole of Europe,” said Health Minister Klaus Holetschek (CSU) of the “Augsburger Allgemeine”.

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“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.”

With agency material.

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