Tag: Germany

In a recent nationwide survey conducted in Germany by Pronova BKK, 44% of self-reported ‘regular’ cannabis consumers indicated that they plan to join one of the country’s social cannabis clubs once they launch this summer. Another 27% of ‘occasional’ cannabis consumers also indicated that they plan to join a club.

The Pronova BKK survey involved 1,000 people in Germany aged 18 and over and was conducted in May 2024. The survey also determined the following (translated from German to English) about Germany’s cannabis consumer base:

• Over a quarter of Germans consume cannabis at least occasionally, and one in ten consumes it weekly
• More than half of Generation Z consumes cannabis at least occasionally
• For a third of cannabis consumers, legalization does not influence consumption behavior
• Among younger respondents under 45 years of age, one in ten has increased consumption since legalization
• Eight percent of non-users are considering growing their own cannabis at home

Among self-reported ‘regular’ cannabis consumers participating in the survey, 51% selected “Yes, I can imagine having my own cannabis to grow at home” when asked about home cultivation. Another 40% of ‘occasional’ cannabis consumers also selected that option in the survey.

The results of the Pronova BKK survey were published shortly after the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) released its annual European Drug Report. The EMCDDA report lists that 34.7% of German adults have consumed cannabis at least once in their lifetime.

A YouGov poll that was also conducted in May 2024 found that 7% of surveyed German adults (consumers and non-consumers) have already purchased cannabis seeds or clones. Another 11% indicated in the YouGov survey that they planned to purchase seeds or clones in the future. The YouGov poll involved 3,375 German adults.

The first provisions of Germany’s CanG law took effect on April 1st, 2024. Adults in Germany can now cultivate up to three plants in their private residences and possess up to 25 grams of cannabis when away from their homes.

Additionally, cannabis was removed from the nation’s Narcotics List which is having an immediate impact on Germany’s medical cannabis industry. Germany was already the largest legal medical cannabis market in Europe, and now domestic production quotas are removed, doctors can prescribe cannabis more easily, and the medical cannabis supply chain has fewer hurdles.

In 2023, Germany imported 31,398 kilograms of medical cannabis products according to data from Germany’s Federal Institute for Drugs and Medical Devices (BfArM), a 26.2% increase compared to the previous year’s medical cannabis imports.

With domestic production quotas removed and many patients now cultivating their own medical cannabis, total imports will presumably lower by a considerable amount in Germany in 2024.

One of the most serious topics in cannabis policy modernization discussions is how to mitigate the dangers of people driving under the influence of cannabis. If there is one thing that cannabis opponents and responsible cannabis advocates agree on, it is that no one should operate a motor vehicle on a public roadway when they are intoxicated.

Yet, whereas opponents and supporters can agree on that basic premise, the two sides diverge when it comes to how cannabis DUI enforcement should be handled. In every jurisdiction that has modernized its cannabis policies to permit adult use, cannabis opponents have pushed for enforcement practices that are not backed by science.

Germany is the latest jurisdiction to experience this scenario. Lawmakers in Germany adopted a per se cannabis DUI law this week, and drivers in Germany will now be subjected to a 3.5 ng/mL THC limit.

“The amendment to the Road Traffic Act is intended to introduce a THC (tetrahydrocannabinol) limit in road traffic and a ban on alcohol for cannabis users.” The Bundestag stated on its website.

“According to the new regulation, the limit will be 3.5 nanograms per milliliter in the future. If the limit is exceeded for the first time, there is a risk of a fine of 500 euros and a one-month driving ban.” the Bundestag also stated about the recently adopted measure.

Per se THC DUI limits are a knee-jerk public policy reaction by cannabis opponents. Opponents spend a considerable amount of time falsely hyping up imaginary ‘terror on the roadways’ doomsday scenarios leading up to legalization, including in Germany, and per se THC limits are their ‘solution’ to the imaginary problem that they themselves established using false pretenses.

Unfortunately, per se THC limits often resonate with many members of society due to per se alcohol limits being common, including in Europe. Per se blood alcohol limits in Europe range from zero tolerance in places like Hungary and the Czech Republic to .08 in the United Kingdom. The United States also has a national .08 limit, although state-level limits can vary in some circumstances.

While per se limits for blood alcohol levels are based on sound science, the same is not true for cannabis due to a multitude of factors, not the least of which is how the human body metabolizes THC. The human body does not metabolize alcohol and THC in the same manner.

According to a 2021 analysis conducted in Australia, cannabis impairment can last “between three and 10 hours” when consumption involves “moderate to high doses of the intoxicating component of cannabis, tetrahydrocannabinol (THC).” The analysis involved data from over 80 different studies spanning a period of over 20 years.

THC impairment may only last 3 to 10 hours, but metabolized THC can stay in a person’s system for as long as 100 days, well beyond the window of impairment. Depending on how much THC the user consumed and their metabolism rate, the consumer could easily have more than 3.5 ng/mL of THC in their system for weeks or months into the future.  Those consumers will not be impaired at all, and yet still run afoul of Germany’s new cannabis law.

The 3.5 ng/mL threshold in Germany is completely arbitrary, as there is no sound science demonstrating that such a limit automatically equates to impairment. In fact, a study conducted in Canada in 2019 found “no evidence of increased crash risk in drivers with Δ-9-tetrahydrocannabinol < 5 ng/ml and a statistically non-significant increased risk of crash responsibility (odds ratio = 1.74) in drivers with Δ-9-tetrahydrocannabinol ≥ 5 ng/ml.”

Another study conducted in Canada (2024) involving simulated driving data found that the presence of THC in blood is not predictive of detriments in psychomotor performance. The findings are in line with a separate government-funded study in the U.S. that also found that “there was no correlation between THC (and related metabolites/cannabinoids) in blood, OF [oral fluid], or breath and driving performance.”

“The complete lack of a relationship between the concentration of the centrally active component of cannabis in blood, OF, and breath is strong evidence against the use of per se laws for cannabis.” the researchers stated about the government-funded study. Researchers at Yale University also arrived at the same conclusions in a study in 2021.

Germany’s 3.5 ng/mL threshold will likely put a massive burden on the nation’s court system, with countless drivers being falsely accused of operating a motor vehicle while intoxicated. Offenders will have an affirmative defense and will be able to point out that just because they had THC in their system did not automatically mean that they were impaired at the time in question.

Cases involving those set of circumstances will presumably be disaffirmed, but only after a considerable amount of time and money was wasted for both the accused and the courts.

The cannabis plant is complex and how it interacts with human biology is dynamic. There is no one-size-fits-all approach to cannabis impairment as it pertains to operating motor vehicles on public roadways. Germany would be far wiser to implement a comprehensive approach to determining impairment, including the incorporation of various field sobriety tests.

They are less intrusive and are more effective at spotting actual impairment. Field sobriety tests, combined with public awareness campaigns educating consumers about the dangers of driving while impaired and the benefits of pursuing public transit options, are a much better strategy than per se limits.

Until Germany implements more sensible cannabis DUI laws, consumers in Germany are encouraged to take public transit as much as possible.

When lawmakers in Germany agreed to legalize cannabis for adult use they planned on rolling out German legalization in two phases, or ‘pillars.’ The first pillar involved legalizing the cultivation, possession, and consumption of cannabis by adults along with permitting noncommercial cannabis clubs.

The second pillar will involve launching regional adult-use cannabis commerce pilot trials, and according to domestic reporting in Germany, the regulatory body that will oversee the pilot trials was recently identified in a circulated proposal.

A draft regulation is being circulated in German cannabis association circles, and the ministry led by Cem Özdemir (Greens) is proposing that the enforcement authority for the “authorization and monitoring of the use of cannabis for scientific purposes” be vested in the Federal Agency for Agriculture and Food.

“We are hopeful that a practical way will be created to legally sell cannabis products in Germany – at least in some scientific projects,” stated Jürgen Neumeyer from the Cannabis Industry Association according to initial reporting by Spiegel.

“There is great interest among our members,” Neumeyer also stated, “without an opportunity to sell cannabis directly to consumers, we will not be able to push back the black market.”

Whereas the European Union prohibits nationwide recreational cannabis sales, regional adult-use cannabis commerce pilot trials are permitted by the European Union because they are focused on research. Such pilot trials are already underway in Switzerland and the Netherlands, although they are more limited in size and scope compared to what is expected in Germany.

Germany’s regional adult-use cannabis pilot programs cannot launch until rules and regulations are in place, and that cannot happen without a regulatory entity overseeing the nation’s cannabis pilot programs. With that in mind, the proposal for the Federal Agency for Agriculture and Food to be that entity is a significant milestone for Germany’s continued legalization implementation effort.

Cannabis supporters in Germany’s government appear to be pursuing the regulatory route through the Federal Agency for Agriculture and Food rather than pursuing a separate piece of legislation to launch pilot programs. Government officials seem convinced that the agency’s regulatory authority is already established, and that going this route will expedite the launch of pilot trials in Germany.

Meanwhile, the first reading of a ‘readjustment’ measure will occur in the Bundestag this week, with the reading set to occur on Thursday, May 16th, 9:10 p.m.

“Just a few weeks after the adoption of the consumer cannabis law, the coalition factions of the SPD, Alliance 90/The Greens and FDP want to readjust the regulation. The draft law “to amend the Consumer Cannabis Act and the Medical Cannabis Act” is to be discussed in the first reading on Thursday, May 16, 2024 and, after a 30-minute debate, will be referred to the lead health committee for further discussion.” states an announcement on the Bundestag website.

“The coalition factions’ bill “to amend the Road Traffic Act and other road traffic regulations”, which is not yet available but is also up for discussion and is intended to set a cannabis limit in road traffic, should be referred to the Transport Committee.” the Bundestag announcement also states. The announcement also lists the following:

Amendment to the Consumer Cannabis Act
The background to the readjustment is the protocol statement that the federal government made on the Cannabis Act at the meeting of the Federal Council on March 22, 2024. It is said that the changes should take into account the concerns and wishes of the countries. The evaluation provided for in the Consumer Cannabis Act is to be expanded and the control of cultivation associations by the states is to be made more flexible.

In addition, the states should be given room for maneuver when dealing with large-scale cultivation areas. In addition, the Federal Center for Health Education is planning to develop a further training program for addiction prevention specialists in the states and municipalities.

Amendment to the Road Traffic Act
The amendment to the Road Traffic Act is intended to introduce a THC limit (tetrahydrocannabinol) in road traffic and a ban on alcohol for cannabis users.

According to the new regulations, the limit value should in future be 3.5 nanograms per milliliter. If you exceed the limit for the first time, you risk a fine of 500 euros and a one-month driving ban. (hau/04/29/2024)

Noncommercial cannabis clubs, which are part of the first pillar of Germany’s new cannabis law, are still expected to launch in July of this year. A year ago, proposed regulations pertaining to German cannabis clubs were leaked, and included the following:

• All club properties where cannabis is cultivated and/or stored have to be tightly secured
• Every club has to have a ‘trained addiction and prevention officer’
• Must comply with residue limits for pesticides and fertilizers
• Must track cannabis from seed
• Annual reporting of crop amounts, including cannabinoid percentage (THC and CBD)
• Club members only
• 50 grams per month limit for over 21 years old
• 30 grams per month limit for 18-20 years old
• THC percentage cap for 18-20 years old (ten percent THC)
• Neutral packaging
• Labeled with specific harvest information

In addition to club provisions, items pertaining to individual use were also reportedly included in the previously leaked draft. Consumption would be prohibited “within a radius of 250 meters from schools, daycare centers, playgrounds, youth facilities or sports facilities” according to the leaked draft regulations. Also, consumption “should also not be permitted in pedestrian zones between 7 a.m. and 8 p.m.”