The ongoing legalization saga in Germany often feels like something out of a soap opera. Since the summer of 2021, when the current governing coalition was elected in Germany, the push for legalization has experienced several ups and downs.

Between the summer of 2021 and October 2022, cannabis observers inside Germany and around the world watched with collectively held breath waiting for a legalization measure to be formally introduced. What was touted after the 2021 federal election was a robust, nationwide sales system similar to what is in place in Canada.

Several leaks surfaced in news coverage regarding what the legalization measure would include, along with various reactions from German lawmakers every time headlines were made. Many lawmakers expressed frustration with the process during that period.

In October 2021, the world finally got its first glimpse into a legalization measure largely championed by Germany’s Minister of Health Dr. Karl Lauterbach. Unfortunately, the measure that was described in a press conference held by Minister Lauterbach at the time was a rolled-back version of what many advocates had hoped for.

Minister Lauterbach described his measure as being multi-phased, with the first phase permitting personal cannabis cultivation, possession, and consumption, along with permitting noncommercial cannabis clubs to operate. It would also remove cannabis from the nation’s narcotics law.

A second phase, which would need to come later via a separate measure, would permit the launch of regional adult-use cannabis commerce pilot programs. Yet, before any of that was to be formally set in motion, Minister Lauterbach made it clear that he would first seek European Union approval of his plan before introducing it.

Minister Lauterbach eventually introduced his measure in 2023, with the measure receiving approval by Germany’s Federal Cabinet earlier this year. The measure also passed the Bundesrat, only to experience some turbulence in the Bundestag. Earlier this month the measure appeared to be dead for the year, then it was announced that a vote was expected, just for the vote to never actually happen.

Various media accounts surfaced this month blaming members of the SPD parliamentary group for the measure failing to receive a vote. Bundestag member Dr. Rolf Mützenich (SPD) was recently asked, “Dear Mr. Mützenich, are you worried about the citizens’ severe loss of trust in the SPD due to the repeated postponement of the vote on the CanG or does it not matter to you?”

Dr. Mützenich replied with, “The SPD parliamentary group continues to support the bill to decriminalize cannabis. It is regrettable that other reports spread a false impression – perhaps deliberately. The SPD has long campaigned for a liberal drug policy and failed to do so due to the Union under Chancellor Merkel.”

“We are now committed to ensuring that the law will, above all, take health protection into account; final discussions are still being held on this matter. The law is scheduled to be passed at the beginning of next year and, we intend, to come into force in April 2024 as planned.” Dr. Mützenich also stated.

The timeline offered up by Dr. Mützenich is in line with previous statements made this month by members of the Bundestag. Whether or not the timeline proves to be accurate is something that we will all have to wait and see.

As far as whether the SPD parliamentary group is for or against legalization in Germany, it appears that at the very least there are mixed opinions within the political party, but hopefully there is more support for policy modernization than there is for continued status quo-maintaining foot-dragging.

As 2023 continues to wind down, cannabis advocates and policymakers in Germany are turning their focus to 2024 with hopes that it will prove to be the year that a long-awaited national adult-use cannabis legalization measure is finally passed and implemented in Europe’s largest economy.

The parliamentary group leader of Germany’s Social Democratic Party recently indicated that a legalization vote “will come at the beginning of 2024.” Rolf Mützenich, chairman of the SPD parliamentary group, made the statement in a recent interview with Rheinische Post.

Germany’s ongoing cannabis policy modernization saga has experienced a lot of highs and lows, even as recently as this month. At the start of December, it appeared that a long-awaited legalization vote in the Bundestag would not happen until 2024.

Then, in a surprise turnaround, it was announced that the governing coalition reached an agreement to update certain provisions of the measure and that a vote would take place before the end of the year.  That expected vote was then unceremoniously pulled back, and now we are essentially back to where we started at the beginning of December.

“It also remains unclear whether the SPD parliamentary group leadership has a problem with the content of the law or whether the timing of its adoption just before Christmas seems inappropriate to them in times of budget crisis. And the SPD press spokeswoman’s “confidence” or not: it doesn’t seem impossible that the law might even be stopped completely “on the home stretch.” Legal Tribune Online stated in its reporting at the time.

In his recent wide-ranging interview with Rheinische Post, chairman of the SPD parliamentary group Rolf Mützenich stated (translated from German to English), “We are taking a close look at the concerns. But we have agreed on this project in the coalition and it will come at the beginning of 2024. I assume so.”

Fellow Social Democratic Party member Burkhard Blienert, who initially introduced the cannabis legalization measure being considered by Bundestag members and continues to lead ongoing talks with the European Union, recently urged his fellow lawmakers to take action:

Fast 4,5 Millionen Menschen konsumieren in Deutschland regelmäßig Cannabis – trotz Verbot. Diese Lebenswirklichkeit müssen wir anerkennen und endlich mit der kontrollierten Abgabe für mehr Gesundheitsschutz sorgen! https://t.co/Yf3E1NSvje

— Sucht- und Drogenbeauftragter der Bundesregierung (@BdB_SD_Blienert) December 12, 2023

At this point, no one can count their metaphorical German legalization eggs until they actually hatch. As we have seen over the course of the last two years, the political process can be full of delays and setbacks.

For the sake of compassion, logic, and good stewardship of public resources lawmakers in Germany need to get the ball rolling as early as possible in 2024. What is currently being proposed is already found elsewhere in Europe at this point, albeit in smaller nations.

Malta and Luxembourg already permit adult-use cultivation and possession. Additionally, Malta has now licensed five entities to operate noncommercial cannabis clubs. Limited adult-use cannabis trials are underway in both Switzerland and the Netherlands. With that in mind, Germany now has some catching up to do, and hopefully that happens sooner rather than later.