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Author: Johnny Green

Why Is Mexico’s President Criticizing The NBA’s New Cannabis Policy?

Earlier this month the National Basketball Player’s Association, which represents National Basketball Association (NBA) players, announced that it had reached a tentative agreement with the league.

“The NBA and National Basketball Players Association have reached a tentative agreement on a new Collective Bargaining Agreement, pending ratification by players and team governors. Specific details will be made available once a term sheet is finalized.”

The NBA is, of course, the world’s most popular basketball league and has historically prohibited cannabis and penalized its players both for cannabis use as well as when players were subjected to criminal justice cannabis prohibition away from their teams. With that in mind, the tweet below from a top NBA analyst is very significant:

As Shams noted in his tweet, the NBA had already suspended cannabis testing for multiple seasons, starting with the ‘bubble’ that ended the 2020 pandemic-plagued season. It appears that once the collective bargaining agreement between the players and the league becomes official, cannabis prohibition as it pertains to player use will finally end.

For many people, myself included, the end of cannabis use prohibition in the NBA is welcomed news (albeit long overdue). However, one notable exception to the joy is Mexico’s President Andres Manuel Lopez Obrador who fired off the following tweets in response to the NBA’s announcement, in addition to airing other grievances about the U.S.:

The first tweet auto-translates to, “They threaten to invade, they sell high-powered weapons in their street markets, they do nothing for their young people, they suffer —unfortunately— from the terrible and deadly fentanyl pandemic, but they do not address the causes. They are not concerned with well-being, only money, nor do they strengthen moral, cultural and spiritual values; Nor do they limit drug use, on the contrary, they encourage it even in sports. It’s sad and decadent.”

The second tweet auto-translates to, “Thats what I refer. It is contradictory and hypocritical:” followed by a link from Mexican media outlet El Universal, which reported that the NBA will allow the use of cannabis by its players.

There are two grievances aired by Mexico’s President in his tweets that I feel compelled to air my own grievances about, being that both of the points made by Mexico’s President are ignorant and born out of reefer madness prohibitionist strategies.

The first is that cannabis use is ‘encouraged in the NBA’ via the reported new collective bargaining agreement. At no point in time has the player’s union, the NBA, or the United States government encouraged NBA players to use cannabis. Rather, the players have argued that the league’s prohibition on cannabis use is harmful and that it serves no purpose in the NBA.

On the NBA side of the equation, league officials have tried very hard to maintain the status quo and keep cannabis prohibition in place for decades. I know this to be true because I advocated alongside 18-year NBA veteran Clifford Robinson who did everything he could to right the wrongs that he was subjected to by the NBA, and any and all inquiries we pursued with the league between 2016 and Clifford’s untimely passing in 2020 were either ignored or met with stoner jokes.

My experience lobbying the NBA to get on the ride side of history in tandem with Clifford Robinson is anecdotal to be sure, however, there is zero evidence that NBA leadership has ever ‘encouraged’ cannabis use by players, and there’s a mountain of evidence backing up the opposite. The NBA is not encouraging its players to consume cannabis, rather, the NBA is agreeing to allow its players to consume a plant that is 114 times safer than alcohol – a plant that is now legal in a growing list of states and the entire nation of Canada.

The second point made by Mexico’s President that I take direct issue with is his selective pearl-clutching when it comes to the fentanyl crisis. The fentanyl crisis is definitely serious, which is why it is a huge disservice for Mexico’s President to try to shame the cannabis plant given that a laundry list of peer-reviewed studies have found that cannabis can be an effective substitute for opioids.

Cannabis reform quite literally helps reduce opioid use by allowing people to use a far-less harmful substance, and studies have demonstrated that people will do so when given the legal opportunity. Cannabis is an effective pain management tool, and anyone that claims otherwise is likely profiting off of the opioid industry in some way.

If Mexico’s President truly cared about addressing the fentanyl issue then he would be encouraging governments, sports leagues, and other powerful entities to embrace the cannabis plant rather than demonize it. Yet, that is clearly not President Andres Manuel Lopez Obrador’s goal. His goal is to apparently push reefer madness talking points on Twitter, and that is truly unfortunate.

New Details Of German Health Minister’s Cannabis Legalization Plan Surface

The adult-use legalization saga in Germany experienced new twists and turns this week, with reports surfacing that provide new details about Health Minister Karl Lauterbach’s pending legalization plan. In October 2022, German Health Minister Karl Lauterbach presented a long-awaited legalization plan to the federal cabinet. After the presentation, Minister Lauterbach started lobbying the European Union for its permission to proceed with a national legalization plan.

Since the 2021 federal election, the eyes of the international cannabis community have remained largely focused on Germany to monitor any developments coming out of the country, which is home to Europe’s largest economy. Legalization has yet to become a reality in Germany, however, the legalization process has experienced no shortage of metaphorical fireworks, including the most recent developments that made headlines at the end of this week.

Scaled Back Legalization?

Towards the end of December 2022, certain lawmakers in Germany were seemingly already growing tired of the legalization process’ pace, as demonstrated by the blocking of funding to Germany’s Health Ministry due to perceived delays in a measure being formally introduced. Even prior to Minister Lauterbach’s presentation in October 2022 to the federal cabinet, a version of a legalization plan was leaked to the media. The legalization plan was perceived as being too restrictive, generated considerable public outcry at the time, and ultimately resulted in a less-restrictive plan being presented to the federal cabinet mere days after the leak initially occurred.

Much like a political pinball, Minister Lauterbach has bounced between the European Union and the Bundestag since October, with his legalization plan seeming to evolve on a somewhat rolling basis. In January 2023, Minister Lauterbach indicated publicly that he was ‘certain’ that the European Union would grant its approval and that a formal introduction of a legalization measure would occur ‘in the first quarter of this year.’ Minister Lauterbach added at the time according to the report, that he had ‘no reason to doubt this schedule.’ As anyone with access to a calendar will quickly notice, the first quarter of 2023 has passed, and yet, there is still no legalization measure introduced.

Instead, what surfaced at the end of the first quarter of 2023 were comments made by Minister Lauterbach which suggest that his legalization plan has regressed after talking to the European Union. According to domestic reports, the current plan does not involve national sales, but rather, pilot programs akin to what is going on in Switzerland. The pilot phase for legalization is reportedly planned for a four-year period. The two bright spots of Minster Lauterbach’s recent comments involve home cultivation and private cannabis clubs, which apparently don’t require European Union approval. Although, neither of those components is exactly shocking given that Malta has already passed a measure that included both components.

Domestic Political Checks And Balances

Until an adult-use legalization measure is formally introduced in Germany, the world will ultimately not know what legalization components will be involved. The desires of the European Union will have to be weighed against the demands of the current governing coalition in Germany, which as previously mentioned, has members that will presumably not accept a limited legalization model. Furthermore, some of them will not tolerate additional delays in a measure being formally introduced.

Obviously, Minister Lauterbach cannot please all stakeholders when it comes to a legalization measure, and his ultimate bosses are located in his home country. I am still of the opinion that there will be one or more leaks to the media in the coming weeks to further build domestic political pressure around Minister Lauterbach, urging him to disregard some concessions being reportedly demanded by the European Union. It certainly feels like a showdown is brewing in my opinion.

Domestic coverage indicates that a commissioned expert opinion report ordered by the German Federal Ministry of Health is not expected to be ready until the end of April. It’s quite possible that a formal introduction of a legalization measure may not occur until well after that particular report is finalized. After all, the expert opinion report is just one of the facets involved with the push to legalize cannabis in Germany. All the international cannabis community can do in the meantime is wait, and for those that live within Germany’s borders to keep the pressure on Minister Lauterbach and continue to urge him to step up and introduce a legalization measure that is meaningful and truly reflective of what German voters want.

The Best Way To Address Concerns About The Smell Of Cannabis Is To License Clubs

When people complain about ‘the smell of cannabis’ they are usually talking about the smell that is created by burning cannabis. I suppose that in some instances people are complaining about the smell of actual cannabis plants being cultivated, however, it seems like that is far less prevalent.

The smell of cannabis smoke as a nuisance is being pointed to seemingly more often these days, with a recent high-profile example of that coming via comments made by British politician Keir Starmer, captured in a tweet below:

Starmer went on to explain that, “There’s a family in my constituency – every night cannabis smoke creeps in from the street outside into their children’s bedroom – aged four and six. That’s not low level – it’s ruining their lives.”

In response to Starmer’s comments, YouGov conducted a poll asking how many Britons can recognize the smell of cannabis. Below are the poll’s results:

While the YouGov poll may seem a bit silly to some people, the issue of public cannabis use and reported nuisances related to odor and smoke is serious and worthy of a rational discussion. The issue could be directly addressed by governments allowing private cannabis clubs to operate.

Many cannabis consumers and patients consume in public settings because they do not have any other place to do it. If they are travelers, most hotels and other tourist lodging do not allow smoking indoors. The same is true of many residential structures.

But unlike tobacco cigarettes, the consumption of which is accommodated in many public spaces in various ways, cannabis consumers are left to figure out their consumption settings on their own, which typically ends up being sidewalks, alleys, and the sides of buildings.

By affording consumers and patients private settings in which to consume cannabis, such as at clubs or in designated outdoor smoking spaces at other venues, nuisances related to the smell of cannabis and smoke will likely subside. They will never go away entirely, just as the smell and smoke from tobacco consumption have never been 100% eliminated, but there will obviously be a significant reduction.

Furthermore, the spread of the legal cannabis industry will yield many smokeless options for cannabis consumers and patients, and that will help too. Ironically, many of the same people complaining about odors and smoke from cannabis use also seem to oppose the spread of the cannabis industry, and from that standpoint, they are their own worst enemy, which is unfortunate.

If lawmakers truly care about mitigating any nuisances related to cannabis, then they should logically support public policy solutions that directly address their concerns. That obviously includes permitting social cannabis use in some meaningful way.

When Will France Legalize Cannabis For Adult Use?

Cannabis consumption in France is more common than in many other parts of the world, as demonstrated by recent survey data that was collected and analyzed by the French Observatory of Drugs and Addictive Tendencies. In its most recent survey involving adults aged 18 to 64, the French Observatory of Drugs and Addictive Tendencies found that 10.6% of the survey participants reported having consumed cannabis within the last year. With so many people consuming cannabis in France, it begs the question, when will France pass an adult-use legalization measure?

The same survey by the French Observatory of Drugs and Addictive Tendencies, which was conducted in conjunction with the Santé Publique France agency, found that 47.3% of the survey participants reported having consumed cannabis at least once in their lifetime. To put these numbers into perspective, United States survey data indicates that roughly 49% of adults report having consumed cannabis at least once in their lifetime, and roughly 12% report being an annual consumer.

Yet, whereas the U.S. is trending in the right direction when it comes to cannabis reform, the same cannot be said about France. Late last year France lifted a previously implemented ban on CBD products, however, that is clearly not enough. Even with legalization looming across the border in Germany, leaders in France are indicating that they want to take a ‘wait and see’ approach.

Monitoring From Afar

Germany’s Health Minister Karl Lauterbach is currently lobbying the European Union to gain approval for Germany to proceed with an adult-use legalization measure that would result in the launch of nationwide legal adult-use cannabis sales. According to recent comments made by Minister Lauterbach, he has received “very good feedback” from the EU and indicated that a formal introduction of a legalization measure will happen very soon.

Many countries around the globe are watching Germany with a very close eye, particularly countries on the European continent. Leadership in the Czech Republic has already indicated that it will try to follow Germany’s lead if/when Germany passes an adult-use legalization measure. Unfortunately, leaders in France appear to be taking a more passive approach.

“France will closely monitor the evolution of the German legislative framework, especially with regard to its potential impact on cross-border regions,” the office of French Health Minister François Braun recently told EURACTIV France. The comments from the French Health Minister do not instill any confidence that France will be legalizing any time soon. If anything, they seem to indicate that increased prohibition enforcement may be on the horizon along the France/Germany border.

Boosting Public Health

Whether international cannabis observers realize it or not, Germany is currently doing a considerable amount of the heavy lifting to legalize cannabis across the European continent. The biggest hurdle to comprehensive continental adult-use reform is the European Union, and if/when Germany can overcome that hurdle, it will have created an adult-use legalization blueprint for other European countries to copy, including France.

With a reported second-highest cannabis consumption rate on the European continent, France’s consumer base is enormous. With some minor exceptions, a vast majority of what France consumers are inhaling and/or ingesting is completely unregulated. That is problematic from a public health standpoint and can be largely mitigated by launching a regulated adult-use industry.

That premise largely serves as the crux of the argument being made right now by Germany’s Health Minister to the EU. It’s an argument that France would be well-served to be on the right side of, and there are calls from within France to do so. The consumption of unregulated cannabis products is a public health concern according to France’s Economic, Social, and Environmental Council. The Council is recommending legalization, and policymakers in France should follow that recommendation as soon as possible.

Premier Doug Ford Is Not A Fan Of Cannabis Clubs

Cannabis clubs are becoming more common around the world, particularly in Canada. Unfortunately, some lawmakers and regulators continue to seemingly act as if prohibiting social cannabis use venues will prevent them from operating. A recent example of that can be found via comments made by Ontario Premier Doug Ford after he heard a pitch for cannabis clubs provided by the Ontario Chamber of Commerce.

“I don’t like the idea of having a lounge outside and they’re smoking or doobies or weed or whatever the heck they call it now,” said Premier Ford according to the Toronto Star. “If you want to do your stuff, do it somewhere else. That’s my opinion.”

The recent comments were unfortunate, although, they do not reflect the reality of what is happening throughout much of Canada. When consumers go “somewhere else” it’s often a cannabis speakeasy. Furthermore, people are going to consume cannabis at events such as concerts, just as they have for many, many years. Lawmakers like Premier Ford can choose to stick their heads in the sand and pretend like social cannabis use doesn’t already exist, however, that denial of reality comes at a cost to public health, safety, and revenue.

Common Ground

Whether Premier Doug Ford realizes it or not, contained in his recent comments is an argument for regulating social cannabis use and allowing venues to be licensed. Per Premier Ford’s own words, he doesn’t “like the idea of having a lounge outside and they’re smoking.” What is being proposed is private venues, where people can consume cannabis out of public view.

As responsible cannabis consumers will be quick to point out, they typically don’t prefer to consume cannabis on a sidewalk or in an alley. Speaking for myself, I’d much rather consume cannabis in a private social setting. When I am away from home and I don’t have a private setting to consume in, I’d gladly go to a regulated venue to smoke cannabis instead of doing so in a park or on the side of a building. If Premier Ford’s main argument is that he doesn’t want cannabis consumption to be a nuisance, then he should be advocating for cannabis clubs and not against them.

Accepting Reality

Cannabis consumers and patients want cannabis clubs, other private social venues, and consumption-friendly events. Just as some adults want to consume alcohol around their current friends and family, and/or want to make new friends, the same is true for cannabis. For patients specifically, they need to be able to consume their medicine wherever they are, and social cannabis businesses help facilitate that.

The unregulated cannabis market is going to fill any voids left by deficient public policy. If lawmakers like Premier Ford do not want to pursue sensible public policy and do not want to allow social use entities to legally operate, such entities will still surely exist, they will just be less safe and zero percent of any profits will go to public coffers. Lawmakers in Ontario, Canada, and everywhere else would be wise to embrace cannabis clubs rather than oppose them. Calls for social use reform are not going away, and will only get louder as the emerging legal cannabis industry continues to expand.

Society Deserves A Sensible Approach To Cannabis Clubs And Driving

An area of concern for many members of society when it comes to cannabis reform, and understandably so, relates to cannabis and driving. After all, no reasonable person wants to have impaired people operating motor vehicles on public roadways. However, reasonable people also want to let science lead the way when it comes to determining impairment and crafting public policies that help mitigate impaired drivers on public roadways, and unfortunately, hard science is often not part of the public policy process.

Often replacing hard science and a rational approach for mitigating cannabis impairment on public roadways is outright political scare tactics, which is truly unfortunate. ‘There will be terror and bloodshed on the roadways’ is a common theme of cannabis opponents when any type of cannabis reform is being considered. The latest focus of such anti-cannabis PR efforts is cannabis clubs.

New Report Targets Cannabis Clubs

Days ago the Traffic Injury Research Foundation released a report titled, “Recreational Cannabis Consumption Spaces in Canada.” The report was published with support from the Canada Safety Council and DRIVE SOBER®. While some of the points made in the report’s press release are valid, many of them involved typical reefer madness talking points and communication strategies.

The report relied heavily on convoluting the nuanced differences between confirmed cannabis impairment at the time of an incident versus someone merely having cannabis in their system but no proven impairment, or someone having several substances in their system, or someone having so little cannabis in their system that impairment was likely nonexistent. For example, the report states, “more than 7% of drivers had ≥ 2 ng/mL, and 3.5% had ≥ 5 ng/mL.” To put those ng/mL limits into perspective, the Olympics’ cannabis testing threshold is 150 ng/mL.

“The report underscores that any proposal to move forward with the implementation of cannabis consumption spaces in the absence of effective and well-developed prevention strategies to protect the public from recognized harm is premature.” the report stated, which if you ask me, is merely a delay tactic to try to stop the spread of cannabis clubs. If so, there’s a really big flaw with that tactic – it ignores the fact that cannabis clubs are far from a new thing.

Cannabis Clubs In Canada

Regulated cannabis clubs may be a relatively new thing from a public policy standpoint, however, in the real world they have existed for decades, including in Canada. Underground cannabis clubs have existed for years, particularly in British Columbia, and the last time that I checked, the sky was still intact over B.C. Despite unregulated cannabis clubs being somewhat common in parts of B.C., it’s worth noting that the province does not lead Canada in drug-related DUIs.

According to government data from Canada, “Newfoundland and Labrador had the highest rate of drug-impaired driving (52 incidents per 100,000 population), followed by Prince Edward Island,” with New Brunswick (36) coming in next. By contrast, British Columbia had 32 incidents per 100,000 population. If increasing the number of cannabis clubs in a jurisdiction automatically made the roadways unsafe, then it would be reflected in the data. Yet, that is obviously not the case.

A Rational Approach

One thing that the report noted that was absolutely correct is that there is a need for ongoing public education regarding cannabis use and operating a motor vehicle while impaired. No responsible cannabis consumer advocates for impaired driving, and the same is true of responsible members of Canada’s emerging cannabis industry. Clearly, there is a common goal between responsible cannabis advocates and opponents alike in that we all want public roadways to be safe.

The friction between the two groups begins when prevention strategies and detection are discussed. Cannabis advocates want to rely on facts to educate the public, and not fear-mongering. Cannabis advocates want science to determine impairment and not arbitrary nanogram thresholds that do not take into account a person’s tolerance level, individual biology, and other situational factors.

Unfortunately, the topic of cannabis and driving is such a hot-button issue with cannabis opponents that it makes it very difficult to have a rational conversation about what an effective prevention strategy looks like. People have consumed cannabis in social settings for many years, albeit in a non-regulated fashion, and a vast majority of people take precautionary measures such as walking, taking public transportation, or arranging private transportation.

Cannabis clubs are merely the latest boogeyman punching bag for cannabis opponents. Concerns about impaired driving are valid, however, they should not be used to derail further implementation of cannabis clubs in Canada, or anywhere else for that matter.

A 60+ Year Old International Cannabis Policy Agreement Serves No Useful Purpose In 2023

Last week the United Nations’ International Narcotics Control Board issued a press release in which the international body expressed, “concern over the trend to legalize non-medical use of cannabis, which contravenes the 1961 Single Convention on Narcotic Drugs.”

In its 2022 Annual Report, the International Narcotics Control Board outlined the following, as also mentioned in last week’s press release:

  • notes that the 1961 Single Convention on Narcotic Drugs classified cannabis as highly addictive and liable to abuse, and that any non-medical or non-scientific use of cannabis contravenes the Convention;
  • expresses concern that this trend among a small number of governments is leading to higher consumption, negative health effects and psychotic disorders;
  • finds the impact of legalizing cannabis on society difficult to measure because legislative models vary from country to country and data is still limited;
  • voices concern that many countries continue to have difficulties procuring enough controlled substances for medical treatment, including during emergency situations;
  • highlights that countries are confiscating a high number of non-scheduled chemicals and designer precursors used in illicit drug manufacture and is concerned about the global spread of these substances.

Coupled with the points listed above, the press release also provided various arguments and talking points to seemingly portray cannabis legalization in as negative a light as possible. The press release also seemed to ignore quite a bit of real-world context, so I figured I would provide some below.

1961 Single Convention on Narcotic Drugs

One of the most popular talking points among cannabis opponents as legalization continues its march across the globe is that legalization violates the 1961 Single Convention on Narcotic Drugs. For many years opponents would point to the international agreement as ‘justification’ for preventing legalization efforts worldwide. After all, opponents benefit from the status quo, so it is not surprising that they will point to this particular agreement and leverage it to try to slow down the legalization process anywhere and everywhere.

Unfortunately for opponents, the legalization genie is already out of the bottle. Uruguay became the first country to pass a national adult-use legalization measure back in 2013. Canada followed suit in 2018. In late 2021, Malta also passed a national legalization measure. Germany is expected to see a governing coalition-backed legalization measure introduced in the near future, and that will likely result in a flood of other countries doing the same.

With all of that in mind, operatively speaking, the 1961 agreement is becoming more and more symbolic in nature with every passing year. If/when Germany passes an adult-use legalization measure and launches regulated sales, the relevance of the 1961 agreement will erode even further. That begs the question – why is it still around in 2023? The existence of the 1961 Single Convention on Narcotic Drugs or not, the reality of the situation is that more countries are going to legalize cannabis for adult use, and no amount of United Nations PR is going to stop it.

Higher Consumption Rates

Another popular anti-cannabis talking point is that ‘consumption rates are increasing in places where cannabis is legal.’ This talking point is a scare tactic that doesn’t provide nearly enough context, presumably by design. For starters, assuming that consumption rates are truly increasing in all legal jurisdictions, cannabis consumption rates are also going up in places where cannabis is not legal, such as Japan, which opponents seem to always fail to point out.

Furthermore, data from the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), which is one of the European Union’s decentralized agencies, demonstrates that the countries in Europe with the highest cannabis consumption rates are not those that have passed legalization measures. For young adults (age 15-34), which are often the focus of expressed ‘concerns’ from cannabis opponents, Czechia has the highest reported consumption rate (22.9%) for reported past-year use, followed by France (21.8%), Italy (20.9%), and Croatia (20.3%).

Malta is the only European country to have passed an adult-use cannabis legalization measure so far, and while it’s still very early in the legalization implementation process, the EMCDDA estimates that “around 4.3% of those aged 18-65 years reported having used cannabis during their lifetime” in Malta. That’s ‘at least once in a lifetime’ versus the ‘used in the last year’ measurement that was referenced in the preceding paragraph.

Being that the number is very low to begin with, increased access to cannabis may indeed result in more people consuming it in Malta in the coming years. Keep that statistic in mind when inevitably cannabis opponents start acting like the sky is about to fall over Malta. Even if the consumption rate doubled, it would still be less than 10%, which in the grand scheme of things is far from being on the high side of the consumption rate spectrum (no pun intended). All the while it is also worth noting that just because people may be consuming more cannabis, that in itself is not a bad thing.

Concerns Regarding Inputs

One line that particularly stood out to me in the press release at the heart of this article was, “…countries are confiscating a high number of non-scheduled chemicals and designer precursors used in illicit drug manufacture and is concerned about the global spread of these substances.” Isn’t this an argument for legalization?

In an unregulated market, there are essentially no rules outside of ‘do not get caught.’ Producers, transporters, and sellers in an unregulated market can add whatever they want to the cannabis during various phases of its life cycle and it often goes completely undetected. This is not to say that all unregulated cannabis is tainted, however, without proper testing there’s no way to know what is ‘clean’ and what is not.

Compare that to a regulated market in which certain substances are prohibited from being added to the cannabis life cycle, such as pesticides, herbicides, harmful nutrients, and “non-scheduled chemicals and designer precursors.” Lab testing and site reviews are mandatory in a regulated system to detect and prevent the use of such substances. If tainted cannabis is truly a concern of the UN then the UN should be promoting cannabis reform efforts around the globe instead of trying to hinder them with anti-cannabis propaganda.

Germany’s Health Minister Indicates That The EU Will Allow Legalization To Proceed

The push to legalize adult-use cannabis in Germany received a significant boost today, with reports surfacing that the nation’s health minister has received “very good feedback” from the European Commission regarding his plan to legalize cannabis for adult use in Germany and to launch regulated adult-use sales. Minister Karl Lauterbach reportedly stated that “in the next few weeks” his bill will be formally presented.

“We will soon present a proposal that works, that is, that conforms to European law,” Lauterbach stated according to NTV. Minister Lauterbach’s comments come after months of discussions with the European Union. Back in October 2022, Minister Lauterbach presented a legalization plan in Germany that included the following provisions:

  • Legal age of 18 years old
  • 20-30 gram possession limit
  • Regulated outlets
  • Prohibition on advertising
  • No cap on THC percentages
  • Cultivate up to 3 plants per adult household
  • Remove cannabis from Germany’s Narcotics Law

As part of his formal presentation to German lawmakers back in October, Health Minister Karl Lauterbach stated that prior to formally introducing his measure he would first seek approval from the European Union to proceed. Minister Lauterbach has indicated throughout the lobbying process that the goal and focus of his efforts are to improve public health in Germany via regulating adult-use cannabis.

That approach, Minister Lauterbach has consistently argued, is in line with EU treaties. His recent comments seem to indicate that the EU agrees, at least in principle. This is not the first time that Minister Lauterbach has hinted that his conversations with the EU are favorable, although his level of optimism certainly seems to be increasing.

Back in January, we reported on comments that Minister Lautberbach made regarding his lobbying efforts, indicating at the time that he was ‘certain’ that the European Union would grant its approval and that a formal introduction of the legalization measure would occur ‘in the first quarter of this year.’ Minister Lauterbach added, according to the reporting at that time, that he had ‘no reason to doubt this schedule.’

For those that are keeping track at home, the first quarter of this year is set to draw to a close in roughly two weeks. With that in mind, it appears that Minister Lauterbach is essentially right on schedule, albeit perhaps one week behind what he projected back in January. If Minister Lauterbach is indeed on schedule, I think it is safe to assume that the EU has afforded some type of indication that it will approve German legalization to proceed. The ramifications of that cannot be overstated, as it would likely open the floodgates to similar reform in other European nations as we have pointed out in prior reporting.

The real question at this point, in my opinion, is what has changed from what Minister Lauterbach presented back in October compared to what he is planning on presenting in “the next few weeks?” If we read between the lines a bit and take Minister Lauterbach’s reported comments at face value, he has received some type of feedback from the EU. Until the public knows exactly what that feedback involves, there’s always the possibility that Minister Lauterbach’s plan may have regressed to some degree in certain aspects.

Regardless of the EU’s feedback, Minister Lauterbach still has to convince lawmakers in Germany that his plan is sufficient. The EU can provide all of the feedback that it wants to, however, that will be balanced against domestic political demands from Germany’s current governing coalition.

As history has clearly demonstrated, many lawmakers in Germany will not entertain regressed legalization components. They also will not tolerate any footdragging. As the pressure continues to build on both sides of the equation and Minister Lauterbach is stuck in the middle like a political pinball, the eyes of the international cannabis community will continue to be focused squarely on Germany.

Will we see another leak prior to Minister Lauterbach’s formal presentation, and components of the legalization plan ‘magically’ evolve to be more favorable after enormous public outcry, such as what occurred back in October 2022? Only time will tell.

Cannabis Legalization Public Hearing Set For March 15th In Germany

An adult-use cannabis legalization measure is scheduled for a public hearing in Germany on March 15th at 14:45 (CET). According to the Budestag’s website (translated to English), “The hearing will be broadcast with a time delay on Thursday, March 16, 2023, from 11 a.m. on parliamentary television and on the Internet at www.bundestag.de.”

The public hearing will be held by the Bundestag Health Committee, and the focus of the hearing will be, ‘a bill by the left-wing faction on the decriminalization of cannabis,’ as well as ‘a motion by the CDU/CSU, in which the parliamentary group advocates better patient care with medicinal cannabis.’

It is worth noting that the bill sponsored by the left-wing faction is separate from a legalization measure that is expected to be introduced this month by German Health Minister Karl Lauterbach. According to documentation published by the Bundestag (translated to English), the left-wing faction’s measure (20/2579) states the following:

In their coalition agreement, SPD, BÜNDNIS 90/DIE GRÜNEN and FDP on the introduction of a controlled sale of cannabis to adults agreed for pleasure purposes. According to statements made by Health Minister Karl Lauterbach on May 4, 2022, the corresponding reform is to be implemented in the second to be worked out in the first half of 2022. However, due to substantive differences between the coalition parties with regard to the precise design of the structures for the legal production and sale of cannabis, it is to be feared that the legislative process will take longer. It lasts until he graduates criminalization of consumers. Of the more than 200,000 cannabis offenses per year, over 80 percent are consumption-related offenses. The legal and social consequences of criminalization for those affected are considerable. The annual financial expenditure for prosecution and enforcement resources is also in the range of one billion euros.

Essentially, what the measure is pushing for is an end to cannabis prohibition as it pertains to individuals, which is admirable. However, the measure is likely to be rejected by members of the governing coalition, with those members likely pointing to the looming measure from Germany’s Health Minister and stating that they want to wait.

Wednesday’s public hearing may not be as significant as some may think upon first consideration, however, it’s going to keep the pressure on lawmakers when it comes to the overall push for adult-use cannabis legalization in Germany.

The nation’s government will be forced by the public hearing to once again clearly state its position and goals regarding adult-use cannabis, and that, in turn, will let the citizens of Germany know that the issue is still important and that they can hopefully expect meaningful progress in the near future.