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Where Do Germany’s Political Parties Currently Stand On Cannabis Policy?

Germany’s president previously announced the dissolution of the lower house of parliament. Chancellor Olaf Scholz also lost a confidence vote in December, paving the way for an early election on February 23, 2025.

As the German Cannabis Business Association (BvCW) pointed out in its recent newsletter, the federal election in Germany next month could prove to be “decisive for the future of cannabis legalization in Germany.” Below is a summary of where each major political party stands on cannabis policy in Germany according to BvCW:

  • The CDU/CSU are strictly opposed to legalization and have announced that they will reverse the law if they win the election. They see the current law as a failure that neither limits consumption nor curbs the black market.
  • The SPD wants to stick to the current cannabis law and decided last weekend to also take the necessary steps for legalization in line with European law.
  • The Greens are striving to expand the law and establish licensed specialist shops.
  • FDP is committed to complete legalization and calls for education to ensure responsible consumption.
  • AfD rejects legalization and wants to reverse it immediately. It relies on offers of help for abstinence and emphasizes health policy concerns.
  • The Left is calling for further legalization. It is calling for a general rethink in drug policy and wants to promote prevention and regulate advertising for drugs such as alcohol and tobacco more strictly.

Starting on April 1st, 2024, cannabis possession and cultivation by adults became legal in Germany. Then, starting on July 1st, 2024, people in Germany could start applying to launch cultivation associations. The two components combine to make up ‘Pillar 1’ of Germany’s legalization model.

‘Pillar 2’ of Germany’s legalization model involves launching regional adult-use cannabis commerce pilot trials. The pilot trials serve as local recreational cannabis commerce research projects to help lawmakers and regulators gain data and insight to help when crafting national laws and regulations.

For further analysis of Germany’s upcoming elections and how cannabis policy may be affected, check out the International Cannabis Business Conference’s recent conversation with leading international attorney Peter Homberg of gunnercooke.

Czechia To Start Regulating Low-THC Cannabis This Year

Starting in July of this year, the Czech Republic will regulate sales of cannabis containing up to one percent THC. The public policy change will also involve permitting regulated sales of kratom.

“The regulation focuses on substances deemed to pose low public health and social risks based on current scientific evidence. These include Kratom and kratom extracts, known for their stimulant and pain-relieving effects; cannabis with up to 1 percent THC, a low-potency form of cannabis with minimal psychoactive effects.” reported Expats CZ in its local coverage.

“Cannabis extracts and tinctures with up to 1 percent THC are also included.” Expats CZ also reported. Low-THC cannabis products will be permitted to be sold in licensed stores starting this summer in Czechia, although certain forms of commerce such as automated vending machines remain prohibited.

Additionally, starting on April 1, 2025, general practitioners (GPs) in the Czech Republic will be authorized to prescribe medical cannabis to suffering patients. The policy change is a result of a new decree from the nation’s Ministry of Health.

“The decree allows GPs to prescribe medicinal cannabis for chronic, intractable pain,” Ministry spokesperson Ondřej Jakob previously said according to local reporting by Prague Morning (translated from Czech to English).

Medical cannabis was first legalized in Czechia in 2013, however, only specialists can currently prescribe it resulting in roughly 8,000 patients receiving legal access. There is also a push in Czechia for wider adult-use cannabis legalization. However, that effort must clear various political hurdles before reaching the finish line and becoming law.

The Czech Republic’s cabinet approved a plan late last year that would permit adults in the European nation to cultivate multiple plants in their private residences and possess a personal amount of cannabis.

The plan, which would legalize the cultivation of up to three cannabis plants and set a maximum possession limit of 50 grams of cannabis, was originally introduced by the Czech Republic’s Ministry of Justice back in September 2024. The plan does not go far enough according to members of the Czech Pirate Party.

Cannabis advocates in Czechia are urging lawmakers to modernize the nation’s cannabis policies in a more comprehensive manner. More information about their proposal can be found at: www.racionalniregulace.cz.

Canadian Legalization Not Associated With Increase In Work Hour Use

Canada adopted a national adult-use cannabis legalization measure in 2018. Leading up to the adoption of the measure, many cannabis opponents predicted that, among other things, legalization would lead to more people being under the influence of cannabis at their jobs.

As with alcohol use, adults should be able to consume cannabis off the clock as long as they are doing so responsibly. Furthermore, just because someone has metabolized cannabinoids in their system does not automatically mean that they are impaired.

Researchers in Canada recently examined data from before and after legalization took effect in Canada, and determined that there is no association between legalization and an increase in on-the-clock cannabis use. Below is more information about the study via a news release from NORML:

Toronto, Canada: Marijuana legalization is not associated with an uptick in the percentage of employees consuming cannabis either during or prior to work, according to data provided in a briefing paper by the non-profit research organization Institute for Work & Health.

Researchers with the group assessed workers’ attitudes and behaviors toward cannabis following Canada’s adoption of adult-use marijuana legalization. (The Canadian government legalized retail cannabis sales for those 18 or older in 2018.) Investigators reported “no change in workers’ consumption of cannabis before or at work” during the years surveyed.

Consistent with prior studies, researchers acknowledged that those who reported consuming cannabis products while away from their jobs possessed no greater risk of occupational injury than those who abstained. By contrast, employees who reported using cannabis during work hours possessed a nearly two-fold increased risk of accident compared to those who did not.

“These findings underscore the importance of distinguishing cannabis use at work from cannabis off work,” the paper’s authors concluded. “Rather than considering any cannabis use as an occupational safety risk, workplaces need to reframe their focus to use that is likely to lead to impairment at work and craft policies that center on preventing and managing impairment, as well as fitness for duty.”

Most workplace drug testing policies rely on urinalysis screening, which detects the presence of the inert metabolite carboxy-THC. This metabolite remains present in urine for days, weeks, or even months after past use – long after any psychoactive effects of the drug have worn off.

By contrast, blood tests detect the presence of THC, cannabis’ primary psychoactive agent. However, THC is also fat-soluble. As a result, it may also remain detectable for several days following past exposure.

NORML has repeatedly argued that employers should not presume that the detection of either THC or its primary metabolite is evidence of impairment. Rather, NORML has called for the expanded use of performance-based tests, like DRUID or Predictive Safety’s AlertMeter.

Lawmakers in several states – including California and New York – have recently amended their employment laws so that most public employers may no longer terminate workers solely based on a positive drug test for the presence of THC metabolites.

The full text of the briefing paper, “Cannabis use by workers before and after legalization in Canada,” is available online. Additional information is available from the NORML Fact Sheet, ‘Marijuana Legalization and Impact on the Workplace.’

 

Medical Cannabis Prescriptions Are Decreasing In Poland

Medical cannabis reform was implemented in Poland in 2017, and as of November 2022, the nation’s doctors were approving roughly 3,000 medical cannabis patients a month. After years of an increasing medical cannabis patient base, Poland’s medical cannabis approvals are reportedly declining.

“New regulations in Poland require in-person doctor visits for medical cannabis prescriptions, leading to a sharp drop from 68,000 in October 2024 to 28,000 by December.” reported Born2Invest in its original coverage.

“This change is not surprising at all, because medical cannabis was largely used not for treatment, but for recreation. The new regulations limit this phenomenon,” commented Jakub Kosikowski, spokesman for the Supreme Medical Chamber, according to Born2Invest.

While medical cannabis policy in Poland appears to be backtracking, there is an effort to modernize the nation’s adult-use policies. In November 2024, a legislative committee in Poland sent a cannabis reform proposal to Prime Minister Donald Tusk for his consideration.

Members of the Polish Parliamentary Committee on Petitions moved forward with the proposal which would decriminalize up to 15 grams of cannabis for personal use by adults in addition to decriminalizing home cultivation of one plant. However, the measure still has additional political hurdles before becoming law.

Currently, nearly five dozen countries around the world have adopted medical cannabis legalization to some degree, and Uruguay, Canada, Malta, Luxembourg, Germany, and South Africa have adopted national adult-use legalization measures.

Legal Cannabis Expert Peter Homberg Moves to gunnercooke

Renowned international cannabis policy and industry expert Peter Homberg recently announced that after 12 years at Dentons, he is joining international law firm gunnercooke.

“I’m excited to offer my clients truly exceptional service, leveraging gunnercooke’s flexibility, innovation, and collaborative culture to support them closely through their legal challenges, while also shaping and expanding my practice in a direction I’m passionate about.” Peter Homberg stated in a LinkedIn post over the weekend.

Mr. Homberg specializes in life sciences, IP and corporate law, and M&A transactions. Few people on the planet, if any, possess the extensive experience in advising on medical cannabis compliance as Peter Homberg.

gunnercooke is one of the fastest growing international law firms and has offices in the United States, Germany, CEE, Austria, Scotland, and England. The firm is a team of more than 500 professionals and has a client roster that includes Nike, Mercedes, Lidl, Santander and DHL.

Peter Homberg’s awards and recognitions are numerous, and rightfully so. Peter Homberg was already highlighted by Chambers Europe in 2014 as “a brilliant negotiator” who “has huge experience with biotech companies and is really goal driven.”

JUVE Handbook German Commercial Law Firms, mentioned Peter Homberg in 2015/2016 as a highly recommended practitioner. The international directory Best Lawyers ranked him among the best lawyers for Health Care Law and Pharmaceuticals Law in Germany. Global Law Experts (2015, 2016, 2017, 2018), Legal 100 (2021, 2022, 2023), and Leaders in Law (2020,2021) honored Peter Homberg as “Life Sciences Lawyer of the Year in Germany.”

He is a prolific speaker at cannabis industry and policy seminars and conferences, including being a long-time presenter at International Cannabis Business Conference events, and is the author of numerous articles and other publications on corporate and IP law in the areas of life sciences and medical cannabis.

Peter’s new position at gunnercooke will afford him more freedom and flexibility to focus on cannabis policy, industry, and education, as well as to further pursue his passion for life sciences. Medical cannabis and life sciences involve considerable overlap, but also have their own unique facets separate from each other.

I reached out to Peter Homberg this week to discuss his new endeavor and to pick his brain about what to expect in 2025 for German cannabis and the wider European cannabis industry.

“I am very excited about the recent career change.” Peter Homberg told me about his transition to gunnercooke. “I will be able to continue my work in the fields of cannabis and life sciences, and for cannabis specifically, I will be better suited to focus more on it as the industry continues to expand in Germany and in Europe.”

Peter Homberg is a tremendous resource and figure in the cannabis world, helping educate lawmakers and industry members from around the world about important cannabis matters. The significance of his advocacy is beyond measure in my opinion, and I was very happy to learn that not only will he continue his work in this area now that he is a part of gunnercooke, but he will also have more flexibility than ever to do so, including contributing more to Cannabis Law Journal.

“In my new position, I will continue to be an advocate for medical cannabis policy modernization and industry regulation, and for sensible adult-use cannabis reform.” Homberg stated to me in our discussion.

Homberg pointed out that prohibition does not bring humanity further along, and that it is a failed public policy that does not properly prioritize public health outcomes. He indicated that licensed and regulated cannabis shops are needed in Germany and throughout Europe to sufficiently combat the unregulated market.

“Pilot projects are the logical next step in Germany and in Europe and are needed as a steppingstone towards something more comprehensive. It is important that we gather the right data and use it to go to the European Commission to prove that wider regulated cannabis sales are the best way forward.” Homberg stated.

A topic that was prominent in our discussion was Germany’s Pillar 2 of its cannabis model, and with it, how the shifting political landscape in Germany will presumably be impacted by the upcoming election.

“I am confident that the upcoming election will yield a coalition government, and I am moderately optimistic that while recreational legalization’s progress will likely be slowed, it will not be completely reversed.” Homberg explained to me.

“A lot is still unclear. Many statements being made right now from cannabis opponents are being made in an ‘election mode’ and will not necessarily become reality. I expect extreme positions to level out after the election.” Homberg went on to say.

When I asked Peter Homberg to weigh in on what it will take for EU-level agreements to be modernised to permit wider recreational cannabis reform, he was very adamant that data gathering is key.

“Gathering more data from commerce pilot trials demonstrating that regulation works is vital to convincing the European Commission and skeptical member nations that regulation is better than prohibition. Probably 2-4 years’ worth of data from markets like Germany, Switzerland, the Netherlands, and others.” Peter Homberg explained.

“Medical cannabis is here to stay in Europe, and in my opinion, possesses the most potential for entrepreneurs and investors,” Homberg told me. “Medical cannabis has proven that it has its place in the pharmaceutical arena as time has gone on. There used to be a reluctance to accept that cannabis is medicine, however, it is now widely accepted that cannabis is medicine and truly helps suffering patients.”

“It is much more difficult to anticipate what will happen with the future of the recreational cannabis market due to several factors, both in Germany and throughout Europe. It will further develop, but at what rate and in which way is extremely difficult to predict.” Homberg said.

On behalf of the International Cannabis Business Conference team, I want to congratulate Peter Homberg on his new endeavor, and we look forward to what he does next in his career. You can see Peter Homberg present at upcoming International Cannabis Business Conference events and find out more about when and where he will appear at Internationalcbc.com.

South African Human Rights Commission Urges Police To Halt Cannabis Arrests

Last year South Africa became the latest country to adopt a national adult-use cannabis legalization measure, codifying a prior landmark court decision which determined that prohibition policies against personal cannabis use were unconstitutional.

Recreational legalization in South Africa placed the country on a list with Uruguay, Canada, Malta, Luxembourg, and Germany for nations that have adopted an adult-use cannabis legalization policy change. Despite South Africa adopting legalization, the arrests of cannabis users persist, and South Africa’s Human Rights Commission is calling that out.

“The SA Human Rights Commission (SAHRC) has written to national police commissioner Gen Fannie Masemola to express concern over the ongoing arrests of cannabis users and Rastafarians despite a law permitting the private cultivation and use of cannabis by adults.” stated Times Live in its local reporting.

“As the festive season approaches, the SAHRC reminds law enforcement, in particular the SA Police Service and the National Prosecuting Authority, that the arrest and/or prosecution of adults for the private use, possession or cultivation of cannabis, as well as making assumptions about dealing, is inconsistent with the law and national operational directives. Such arrests and/or prosecutions could lead to human rights violations being perpetrated by law enforcement,” the SAHRC said according to the media outlet’s coverage.

South Africa is home to an emerging legal cannabis industry. A great example is the recent certification of Africa’s first cannabis higher education course. Recently cannabis education provider Cheeba Cannabis & Hemp Academy launched its Higher Certificate in Cannabis Production & Management. The cannabis education program is the first on the African continent to be accredited by the Council on Higher Education (CHE). CHE is an internationally recognized accreditation body.

“It comes at the same time as Cheeba Africa has announced a partnership to bring its offering to Mthatha in the Eastern Cape. The economically-stressed province is hoping to see benefits from provincial government efforts to roll out an investment in the local medical cannabis industry that is expected to reach R1 billion over the next five years.” Cheeba Cannabis & Hemp Academy stated in a press release obtained by the International Cannabis Business Conference.

“It has been a rigorous four-year journey for our Academy to reach this important accreditation milestone and we’re excited to set this benchmark in cannabis education by offering this powerful programme to potential cannabis entrepreneurs and workers. It is a proud moment for our industry, and for South Africa, as we lead the way in one of the most important sectors of our time. The emerging cannabis and hemp industry has so much potential to create sustainable and dignified livelihoods in South Africa, especially in some of our most underserved communities.” states Trenton Birch, CEO and co-founder of Cheeba Africa.

The new partnership that Cheeba Cannabis and Hemp Academy has formed with the Township Cannabis Incubator (TCI) in Mthatha, Eastern Cape is a partnership that recognizes the significant potential of cannabis-related job creation and sustainable development in one of South Africa’s most rural and underserved provinces. Official unemployment rates in the Eastern Cape are above 40%, and the expanded unemployment rates are close to 50%. With 60% of the population living below the poverty level, it is recognized as one of the country’s poorest regions.

The Top International Cannabis Stories From 2024

This year was one of the biggest years in the history of the cannabis movement for both policy and industry. Below are the best international cannabis stories from 2024 (in no particular order):

German Adult-Use Legalization Enacted

The top international cannabis story from 2024 is the enactment of adult-use cannabis legalization in Germany. Starting on April 1st, 2024, adults in Germany can cultivate a personal amount of cannabis plants in their private residences and possess a personal amount of cannabis. Additionally, starting on July 1st, 2024, people can apply to launch a member-based cultivation association in Germany.

Historic Cannabis Votes In Slovenia

In conjunction with the European elections on June 9th, 2024, Slovenia voted on two consultative cannabis referendums. 66.71% of Slovenian voters approved a measure for the cultivation and processing of cannabis for medical purposes, and 51.57% voted for the cultivation and possession of cannabis for limited personal use.

South Africa Legalizes Recreational Cannabis

Back in 2018, South Africa’s Constitutional Court issued a landmark ruling that deemed cannabis prohibition as it pertained to adult individuals to be unconstitutional. This year, after a long delay, South Africa’s president signed a measure to codify the Court’s 2018 decision. Another major news story out of South Africa this year was the certification of the Cheeba Cannabis & Hemp Academy’s Higher Certificate in Cannabis Production & Management. The cannabis education program is the first on the African continent to be accredited by the Council on Higher Education.

Australian Medical Cannabis Sales Quadruple

Medical cannabis sales in Australia have quadrupled during the last two years, with Australians expected to spend an estimated $1 billion on medical cannabis in 2024. Medical cannabis was first legalized in Australia in 2016. Another major news story from Australia this year, albeit for less favorable reasons, was the failed vote on adult-use cannabis legalization.

Uruguay Adds A High-THC Strain To Legal Pharmacy Sales

Legal sales at pharmacies began in Uruguay in the summer of 2017, and consumers could initially choose from two different strains. The two strains are named ‘Alpha’ and ‘Beta’, each with tetrahydrocannabinol (THC) levels equal to or less than 9%, and cannabidiol (CBD) levels equal to or less than 3%. Then, in 2022, Uruguay permitted a third option, ‘Gamma,’ which has a THC level of equal to or less than 15%, and CBD levels of equal to or less than 1%. Regulators in Uruguay approved a fourth option in 2024 that contains a higher level of THC than the other three options.

Spain Ministry Of Health Publishes Medical Cannabis Royal Decree

The effort to bring Spain’s medical cannabis policies into the modern age passed a major milestone in 2024 with the nation’s Ministry of Health publishing a draft royal decree focused on medical cannabis. Spain is home to one of the largest cannabis communities in Europe and is in desperate need of updated cannabis laws.

Czechia Ministry Of Justice Proposes Legalization

The Ministry of Justice in the Czech Republic issued a proposal in 2024 to allow all adults to be able to cultivate up to three plants in their private residences, in addition to possessing up to 25 grams when away from their residences and up to 50 grams in their homes. Another major story from Czechia was a landmark court decision that found that a cannabis educator, Robert Veverka, was previously wrongly prosecuted for publishing cannabis education content.

Mexico Authorizes Low-THC Hemp Cultivation

Mexico’s Federal Commission for the Protection Against Sanitary Risks authorized the cultivation of low-THC hemp plants (less than 1% THC content) earlier this year. The announcement came in the form of a letter from the regulatory entity to Semillas Endemicas Mexicanna SA de CV.

Japan’s Cannabis Market Expanded Six-Fold

A new cannabis law took effect in Japan in 2024, and market researchers announced this year that Japan’s legal cannabis industry has increased six-fold in recent years. Japan’s new law that took effect in 2024 allows for the importation of certain medical cannabis products, which should further increase the size of Japan’s legal cannabis industry going forward.

Legalization Is Crushing The Unregulated Market In Canada

Health Canada released the results of its 2024 cannabis survey, and one of the main findings of this year’s survey is that only 3% of consumers “reported accessing cannabis through illegal sources,” which is a decrease from a reported 16% back in 2019.

France’s Medical Cannabis Trial Receives Another Extension

Health authorities in France announced this month that the nation’s medical cannabis trial experiment will be extended until July 31st, 2025. The announcement is welcomed news to the reported 1,800 suffering patients estimated to be currently participating in the trial.

Lawmakers Criticized In Australia For Failing To Legalize Cannabis

A lawmaker in Australia is criticizing his peers for failing to approve an adult-use cannabis legalization measure this year. Legalise Cannabis WA MP Dr. Brian Walker recently lashed out at Australia’s federal government for failing to take advantage of the robust economic benefits that recreational cannabis legalization creates.

“Dr Walker hit out at what he called the “pig-headed intransigence of the federal government” after it helped vote down Greens Senator David Shoebridge’s Legalising Cannabis Bill 2023 in November.” Cannabiz stated in its local coverage.

“Late last month, we watched the Labor and Liberal parties vote down a proposal to legalise cannabis in the federal senate,” Dr. Walker said according to Cannabiz.

Currently, cannabis is legal for adult use in Uruguay, Canada, Malta, Luxembourg, Germany, and South Africa. Additionally, two dozen states in the U.S. have adopted recreational cannabis legalization measures, and regional adult-use cannabis commerce pilot trials are operating in the Netherlands and Switzerland.

Medical cannabis sales in Australia have quadrupled during the last two years, with Australians expected to spend an estimated $1 billion on medical cannabis this year. Medical cannabis was first legalized in Australia in 2016.

“The Pennington Institute’s Cannabis in Australia report has revealed spending has skyrocketed from $230 million two years ago to a predicted $1 billion by the end of this year.” 9News stated in its local coverage.

“The spending correlates with usage, which jumped from just 3.9 per cent of survey respondents in 2019 to almost 30 per cent admitting they use prescription marijuana.” the outlet also reported.

France’s Medical Cannabis Trial Receives Another Extension

Health authorities in France recently announced that the nation’s medical cannabis trial experiment will be extended until July 31st, 2025. The announcement is welcomed news to the reported 1,800 suffering patients estimated to be currently participating in the trial.

“The experiement was due to end on 31 December 2024, but at a meeting on Thursday between patient associations and the health authorities, the Ministry of Health gave the green light for it to run for a further six months, FranceInfo reported.” stated RFI in its local coverage.

“The extension will be granted only “with a view to weaning patients off the drug or finding alternatives”, the resigning Health Minister, Geneviève Darrieussecq, wrote in the letter enabling the decision.” the outlet also reported.

In March 2021, France launched its limited medical cannabis experiment involving between 2,000 and 3,000 suffering patients at the time to gain insight into crafting national medical cannabis policies and regulations.

The French medical cannabis experiment received initial approval from the federal Senate back in 2019, however, the launch of the trial was delayed until the spring of 2021 due to various reasons.

Initially slated for two years, France’s medical cannabis experiment was eventually granted a one-year extension and was set to end in 2024 before receiving the latest extension pushing the estimated end of the trial to the summer of 2025.

According to a recent newsletter sent out by international cannabis economist Beau Whitney of Whitney Economics, France is home to the largest total addressable cannabis market in the European Union with a value of $11.3 billion (midpoint).