These are the traffic light’s plans for legalization

“The EU and international law limits were taken into account,” it says in the key points. The legalization is therefore less far-reaching than originally planned by the traffic light. For the time being, the planned specialist cannabis shops in which Rausch products can be freely sold will not exist. This is only to be tested in a second step and only in a few model regions, with scientific support. The government agreed on this after talks with the EU Commission, it said.

But the goal remains to push back the black market and drug-related crime, the ministers defended the plans. “Nobody should have to buy from dealers without knowing what you’re getting,” said Özdemir. Lauterbach spoke of a controlled supply of cannabis to adults “within clear limits, flanked by preventive measures for young people”.

An overview of the plans, which can still change in the course of the proposed legislation:

cannabis possession

Possession of up to 25 grams of cannabis remains unpunished, and such a quantity may also be carried in public.

Previous convictions for possession or self-cultivation of up to 25 grams or a maximum of three plants can be deleted from the federal central register upon request. Minors caught using cannabis must participate in intervention and prevention programs.

Cannabis cultivation

A maximum of three “female flowering plants” are allowed in self-cultivation, protected from access by children and young people. In addition, “non-profit” associations with a maximum of 500 members may collectively grow cannabis for recreational purposes and only sell it to members for their own consumption.

The minimum age for membership and access is 18 years. The clubs must appoint youth protection, addiction and prevention officers and are not allowed to advertise themselves. Membership in more than one club is prohibited. The number of associations can also be limited by population density.

cannabis levy

A maximum of 25 grams of cannabis per day and a maximum of 50 grams per month may be dispensed per club member. Under 21-year-olds get a maximum of 30 grams per month, and an upper limit on the active ingredient content should also be set for them. The costs for the cultivation should be covered by the membership fees, if necessary an additional amount per gram will be added.

cannabis use

Consumption is not permitted in the club rooms, and serving alcohol is also prohibited. In addition, there is a minimum distance for the clubs to schools and daycare centers. In public, consumption is also prohibited near schools or daycare centers. It is not allowed to smoke weed in pedestrian zones until 8 p.m. Whether and when smoking is allowed in other places is not clear from the cornerstones.

In addition, the limit values ​​in road, ship and air traffic are to be checked with the involvement of the relevant specialist committees. The rules on “the admissibility of driving under the influence of cannabis are based exclusively on the requirements of road safety,” it says.

Cannabis Legalization: Legal Concerns Remain

In a second step, “commercial supply chains” are to be tried out in model projects in districts and cities in several federal states, from production to distribution to the sale of cannabis in specialist shops. The projects are scientifically monitored, limited to five years and limited to the residents of these communities.

This step of the planned legalization is still subject to notification, as Lauterbach said. This means that the EU may have a say and it is therefore unclear at the moment whether anything will come of it in the end. However, the federal government will continue to promote their way in Europe, it said.

The matter is legally difficult: from the outset there were concerns that the traffic light project could fail or be slowed down by international and EU law. The states of the Schengen area have committed themselves to “prohibiting the illegal export of narcotics of all kinds, including cannabis products, as well as the sale, procurement and delivery of these funds by administrative and criminal law means”.

Bavaria’s Health Minister Klaus Holetschek (CSU) therefore continues to see concerns about European law. The model projects aimed at establishing a state distribution system for cannabis – “and thus at a practice that is clearly prohibited under international law,” he said. “They are an attempt to circumvent these requirements of international law. These model projects are also incompatible with European law.” Bavaria strictly rejects the legalization plans.

The cannabis industry has long been hoping for a boom through possible legalization in Germany: from manufacturers of cannabis oil vaporizers to companies specializing in seeds and greenhouse lighting to manufacturers of cannabis-based medicines, many are hoping for good ones Businesses. Reactions to the plans were muted, however.

Jürgen Neumeyer from the industry association of the cannabis industry called the project a “first step on a long, sensible path.” It is also to be welcomed that the federal government is working with EU countries willing to reform to implement the model projects across the board. This is the only way to take reasonable action against the black market, Neumeyer told the Handelsblatt. “We would have wished for the big hit right away.”

With agency material

More: Lauterbach has to accept significant cutbacks in cannabis legalization

First publication: 04/12/2023, 09:05, (last updated: 04/12/2023, 12:52).