Tag: Germany

Lawmakers in Germany’s Bundesrat voted today to approve a national adult-use cannabis legalization measure. The measure, CanG, was previously approved by the nation’s Bundestag in February.

The measure had faced opposition in the Bundesrat, a legislative body that represents the sixteen Länder of Germany at the federal level. The opposition within the legislative body sought to delay the implementation of adult-use cannabis legalization in Germany by forcing the measure into a mediation committee.

However, with today’s successful vote, the first provisions of the measure are set to take effect days from now on April 1st.

“This is a historic day for Germany, ultimately even an event of the century. It was time to initiate a paradigm shift in drug policy, ending the failed prohibition policy of the last hundred years. The law, although still stigmatizing and prohibitive in detail, is a start towards introducing a modern drug policy that addresses health protection and the civil liberties of the population equally fairly, not only in the case of cannabis.” stated Kai Friedrich Niermann, leading attorney at KFN+ Law Office, about today’s historic vote.

“The law, which will now come into force on April 1 after the Bundesrat decided not to appeal to the Mediation Committee, will change Germany and make it more liberal, and will also attract attention in other European countries.” Friedrich Niermann also stated.

On April 1, 2024, adults in Germany will be able to cultivate cannabis plants in their private residences in addition to being able to possess a personal amount of cannabis. Noncommercial cannabis clubs will also be permitted as part of the ‘first phase’ of legalization in Germany. Eventually, regional adult-use cannabis commerce pilot programs will also be permitted in Germany.

“Despite strong voices calling for the convention of the Mediation Committee, which would have further delayed the legalization significantly, the Federal Council has paved the way for the bill to come into effect on 1 April 2024. It appears that the minister of health’s so-called protocol declaration shortly before the Council vote has produced the intended effect of convincing the moderately skeptical state representatives.” stated Peter Homberg of leading international law firm Dentons.

“The more restrictive interpretation the minister promised in his non-binding declaration is, however, not yet reflected in the law itself. The most interesting questions are now how the law will be applied in practice and whether, shortly after entering into force, it will be amended to keep up with the minister’s promises. The development of the coming weeks will be of great interest to the cultivation associations, which may have to adjust their intended organizational setup.” Homberg also stated.

Reactions from lawmakers in the Bundestag were swift after today’s successful vote.

Gerade hat der Bundesrat das #Cannabisgesetz passieren lassen. In 10 Tagen ist Cannabis legal & die Kriminalisierung von Millionen Menschen im Land endet. Danke an alle, die an diesem Gesetz gearbeitet haben. Danke @kliemarv, das gesamte Team in der @spdbt & @Karl_Lauterbach! ❤️ pic.twitter.com/jnxjP4fmmm

— Carmen Wegge (@CarmenWegge) March 22, 2024

We did it! Prohibition is over!
Zum 1. April 2024 schreiben wir Geschichte und beenden gemeinsam mit den Ländern die Prohibition von #Cannabis und ermöglichen so mehr Jugend- und Gesundheitsschutz.
Danke an alle, die dazu beigetragen haben! #CanG

— Kirsten Kappert-Gonther (@KirstenKappert) March 22, 2024

German Health Minister Karl Lauterbach reportedly issued a “protocol declaration” to the Bundesrat ahead of today’s vote to prevent a delay in the measure’s approval. If the measure was referred to a mediation committee it was expected to delay implementation of legalization by as much as six months. Instead, the measure is still on track to be implemented on April 1st.

“The fight was worth it, legalization of cannabis is coming on Easter Monday!” Lauterbach said in a social media post (translated from German to English). “Please use the new opportunity responsibly and help protect children and young people. Hopefully this is the beginning of the end for the black market today.”

Der Kampf hat sich gelohnt, Legalisierung von Cannabis kommt schon Ostermontag! Bitte geht verantwortungsvoll mit der neuen Möglichkeit um, helft beim Schutz von Kindern und Jugendlichen. Für den Schwarzmarkt ist das heute hoffentlich der Anfang vom Ende https://t.co/BOaRoMUx6X

— Prof. Karl Lauterbach (@Karl_Lauterbach) March 22, 2024

Lawmakers in Germany will now switch their focus to crafting the ‘second phase’ of Germany’s legalization plan which will involve the launch of regional adult-use cannabis commerce pilot programs. The pilot programs will permit cultivators, retailers, and consumers to participate in legal commerce at a local level to collect data and conduct research.

Cannabis legalization in Germany will provide many benefits, including benefits to non-cannabis consumers. Arguably one of the most important benefits will be the savings to the nation’s criminal justice system, including Germany’s court system.

Enforcing prohibition policies that outlaw cannabis is often, if not always, extremely expensive. Every law enforcement position that is tasked with enforcing cannabis prohibition comes with a cost. The same is true for court proceedings to convict an individual of a cannabis offense, and in cases of jail time, that costs a considerable sum per offender as well.

Cannabis prohibition is particularly expensive in Germany.

According to a 2021 report from Heinrich Heine University Dusseldorf, Germany would save 1.05 billion euros annually by no longer enforcing cannabis prohibition, in addition to judiciary savings of 313 million euros per year. Imagine what those funds could do when applied to such things as education and infrastructure projects.

Those potential savings are not lost on Germany’s Health Minister Karl Lauterbach. Minister Lauterbach recently posted on social media about the judiciary savings that Germany will experience once cannabis legalization takes effect:

Wenn Cannabis legal wird müssen wir die Strafen aufheben. Die Gerichte lehnen das ab, Arbeitsbelastung. Aber durch Legalisierung werden die Gerichte stark entlastet. Wir können nicht Menschen in Haft lassen, weil wir uns die Arbeit mit ihnen sparen wollen. https://t.co/4mUSBWFo00

— Prof. Karl Lauterbach (@Karl_Lauterbach) March 9, 2024

Auto-translated from German to English, the post states, “If cannabis becomes legal we must remove the penalties. The courts reject this, workload. But legalization will greatly reduce the burden on the courts. We cannot keep people in prison because we want to avoid having to work with them.”

With cannabis legalization inevitable in Germany despite cannabis opponents’ attempts to thwart it, Germany would be wise to immediately suspend cannabis prohibition enforcement against individual consumers within its borders.

Part of that involves releasing cannabis consumers from incarceration and expunging their convictions, as well as expunging all other consumer offenses currently on the books.

Members of Germany’s Bundestag recently approved a long-awaited adult-use cannabis legalization measure. The successful vote occurred roughly 2.5 years after Germany’s current governing coalition was first elected and members of the coalition collectively expressed their desire to get such a measure passed.

The recent legalization vote in the Bundestag, which was 407 to 226, was a major victory for Germany’s cannabis movement. Germany is the largest country by far to have ever passed a national adult-use legalization measure.

Germany’s population is roughly 83 million people. The other countries to have passed a national legalization measure (Uruguay, Canada, Malta, Luxembourg) have a combined population of roughly 43 million people.

The successful vote is a huge milestone, however, it does not mark the finish line for German legalization. For starters, the approved measure must now be considered by Germany’s Federal Council (Bundesrat). The Bundesrat’s approval is not required, however, the legislative body does have the option to challenge the measure.

As it stands, portions of Germany’s legalization measure pertaining to personal freedoms are expected to go into effect on April 1, 2024, with the launch of noncommercial cannabis clubs expected at the beginning of July of this year. However, a challenge by the Bundestrat could delay implementation.

“It is possible that the implementation of the draft law may take some additional time depending on the decision of the Federal Council (Bundesrat) whether it refers the draft law to a mediation committee for further consideration of amendments. This could prolong the whole legalization process even for a couple of months.” stated Peter Homberg, Partner at Dentons.

Per initial reporting by RND, Federal Health Minister Karl Lauterbach (SPD) does expect constitutional challenges against the planned legalization of cannabis consumption, although he expects that the law will stand up to challenges.

Something that advocates should push for in Germany is the immediate suspension of enforcement of prohibition on individuals when they are within the parameters of the recently approved law. With legalization now inevitable in Germany, subjecting anyone to enforcement is a waste of the courts’ time, in addition to it being harmful to the consumer. Many legal states in the U.S. have taken this sensible approach.

Another thing that advocates need to push for is for Germany’s government to remove personal cannabis offenses from people’s records, which German Health Minister Lauterbach recently spoke about:

“Without amnesty, what would be our message to those convicted of cannabis? “As far as the legislature is concerned, you haven’t done anything wrong, but the punishment remains because the courts don’t want to do the work with you.” Legalization will soon relieve the burden on the courts.” Minister Lauterbach stated in a social media post (translated from German to English).

Advocates also need to keep holding lawmakers accountable in Germany to make good on the planned second phase/pillar of the nation’s legalization model, which involves the launch of regional adult-use cannabis pilot programs.

The pilot programs, combined with noncommercial cannabis clubs and home cultivation, will serve as the backbone for sourcing legal cannabis in Germany for the foreseeable future.

Over two years after Germany’s current governing coalition was elected and announced plans to pass a national adult-use cannabis legalization measure, members of the German Bundestag have officially approved the adult-use legalization bill (CanG) by a 407-226 vote.

As was widely expected, the measure received sufficient votes earlier today in the Bundestag to pass, and components of the new German adult-use cannabis legalization law are expected to be implemented on April 1, 2024.

Heute hat der Bundestag nach langem Ringen die Entkriminalisierung verabschiedet: Ein großer Schritt hin zu einem vernünftigen Umgang mit Cannabis! 🎉
Jetzt sind @Die_Gruenen in der Pflicht, das Gesetz reibungslos durch den Bundesrat zu bringen.https://t.co/ijqiuPzKuH

— Hanfverband (@hanfverband) February 23, 2024

The measure’s approval comes after considerable discussions were held between the measure’s author, German Health Minister Karl Lauterbach, and representatives from the European Union. The legalization bill faced opposition by various domestic lawmakers in Germany, however, efforts to derail the measure leading up to today’s vote failed.

According to the recently passed bill, adults in Germany will be able to cultivate up to three plants in private for personal use. Personal cultivation is expected to create considerable opportunities for companies that specialize in cultivation-related products and services such as seeds, grow lights, plant nutrients, harvesting equipment, odor control, and drying equipment.

In addition to being able to cultivate cannabis, adults in Germany will be able to possess a personal amount of cannabis. The possession limit will reportedly be set at 25 grams for adults when they are away from their private residence, and 50 grams at their private residence.

In addition to the expressed legal possession limit, penalties for possessing slightly more than the legal threshold will be considered an ‘administrative violation’ rather than a criminal offense yielding jail time.

Cannabis will be removed from Germany’s Narcotics List once the new law is implemented, marking a significant shift in German cannabis policy. The de-listing of cannabis will improve safe access for medical cannabis patients by removing various hurdles in the medical cannabis supply chain and streamlining processes for pharmacies. Cannabis research will be easier to pursue, and academic institutions may begin to receive national and/or EU-provided funds for specific research projects.

Noncommercial cannabis clubs are expected to launch as early as July 1, 2024, as part of the measure. Membership-based noncommercial clubs, from which adult consumers can legally source their cannabis, will be subjected to various regulations. Consumers will also be able to purchase seeds and clones from noncommercial clubs.

One of the sticking points leading up to today’s successful vote was the implementation of noncommercial clubs, and part of the coalition’s compromise is to reportedly stagger the implementation date.

“Cannabis had been banned in Germany since 1929, and even the cultivation of industrial hemp from 1982-1996. It then took over two decades until at least the medical potential of cannabis was recognized in Germany and patients were given access to medical cannabis through a legal reform. It took another 7 years, until today, until at least the possession of 25 g and the cultivation of three own plants was allowed. In so far, we can speak of an once-in-a-hundred-years event, provided of course that the CanG also clears the hurdle of the Federal Council. However, there is still a long way to go before complete destigmatization and fair legalization are achieved. Neither the consumers, nor the activists, nor the industry must let up on this path, but must continue to do everything in their power every day to ensure that this path can be taken successfully.” stated Kai Friedrich Niermann, leading attorney at KFN+ Law Office, about today’s historic vote.

All of the previously listed items are part of the ‘first phase’ of Germany’s legalization plan, often referred to as ‘the first pillar.’ The second phase/pillar involves the launch of regional adult-use cannabis commerce pilot programs, similar to what is already in place in Switzerland, but on a significantly larger scale. Nationwide adult-use sales, similar to what is in place in Canada, will have to wait due to European Union restrictions.

“After a long discussion regarding the legalization of cannabis for recreational purposes in Germany, the German parliament has today passed the “Cannabisgestz”. This is a major step in the German legalization process and the government intends to implement the law to become effective on April 1, 2024 to allow home grow and from July 1,2024 to allow the cultivation of recreational cannabis in community cultivation associations. However, it is possible that the implementation of the draft law may take some additional time depending on the decision of the Federal Council (Bundesrat) whether it refers the draft law to a mediation committee for further consideration of amendments. This could prolong the whole legalization process even for a couple of months.” stated Peter Homberg, Partner at Dentons, about today’s vote.

Per initial reporting by RND, Federal Health Minister Karl Lauterbach (SPD) does expect constitutional challenges against the planned legalization of cannabis consumption, although he expects that the law will stand up in court.

Going into this week, the eyes of the global cannabis community were fixed on Germany, where members of the Bundestag are expected to finally vote on a long-awaited adult-use cannabis legalization measure. While the final vote is still expected to occur on Friday, a key smaller vote occurred today, and the outcome was favorable.

Members of the Health Committee approved the measure, which in its most current form, would legalize cannabis cultivation, possession, and consumption by adults. Cannabis will be removed from Germany’s Narcotics List as part of the measure, and noncommercial cannabis clubs will be permitted to operate.

The measure now moves to a floor vote in the Bundestag:

Die nächste Hürde ist genommen!
Der Gesundheitsausschuss hat dem #CanG mit allen Änderungsanträgen zugestimmt.
Next Step: 2/3 Lesung am Freitag pic.twitter.com/Jq29y8DmAO

— Kirsten Kappert-Gonther (@KirstenKappert) February 21, 2024

Die letzte formale Hürde ist genommen. Der Gesundheitsausschuss hat unsere Änderungsanträge und schließlich auch das #CanG angenommen! Damit können wir am Freitag die letzte Debatte im Plenum führen und final über das Gesetz abstimmen.

— Kristine Lütke MdB (@kristine_lutke) February 21, 2024

If/when members of the Bundestag approve the measure on Friday, it will have to go back to the Bundesrat for further consideration. The Bundesrat does not have to approve the measure, however, it can refer the measure to a mediation committee that may slow down implementation. The Bundesrat previously approved a former version of the legalization measure back in October.

According to original reporting by Marijuana Moment, Minister Lauterbach could have struck a deal to avoid a referral to a mediation committee in exchange for extending the law’s implementation timeline, however, Minster Lauterbach has made it clear that he feels the measure will survive any legal challenges. Per RND:

Federal Health Minister Karl Lauterbach (SPD) expects constitutional challenges against the planned legalization of cannabis consumption. Although he expects lawsuits, the law will stand up in court, he told the Düsseldorf “Rheinische Post”.

It is a truly historic week in Germany, and assuming the Bundestag approves the measure in a vote on Friday, cannabis would become legal for adults in Germany on April 1st of this year.

Germany’s Health Minister Karl Lauterbach recently appeared on the Markus Lanz talk show to discuss the looming adult-use cannabis legalization measure vote in the Bundestag, as well as the benefits of the measure.

“Those who are already consuming are no longer dependent on the black market, on the dealers, on crime, on the additives. That means we recognize that cannabis is consumed in society.” Minister Lauterbach states in the discussion (translated from German to English).

Initial components of Germany’s legalization plan are expected to come into effect on April 1st. Adults in Germany will be able to legally cultivate, possess, and consume cannabis. Below is the full episode of Minister Lauterback on the Markus Lanz talk show. Please be aware that the discussion is in German.

Cultivation

The main initial way for adults to legally source cannabis in Germany once the new law takes effect is to cultivate it in their homes. Adults will be able to cultivate up to three plants in private for personal use according to the proposed measure. Personal cannabis cultivation is popular in other jurisdictions where it is permitted, including in jurisdictions where consumers have other options from which to legally source their cannabis like storefronts.

It’s virtually guaranteed that many adult consumers in Germany will choose to cultivate their cannabis, and that will, in turn, create massive opportunities overnight for companies that specialize in cultivation-related products and services such as seeds, grow lights, plant nutrients, harvesting equipment, odor control, and drying equipment.

Possession

In addition to being able to cultivate cannabis, adults in Germany will be able to possess a personal amount of cannabis. The possession limit will reportedly be set at 50 grams. In addition to the expressed legal possession limit, penalties for possessing slightly more than the legal threshold will be considered an ‘administrative violation’ rather than a criminal offense yielding jail time.

Narcotics De-listing

Cannabis will be removed from Germany’s Narcotics List once the new law is implemented, and the significance of that cannot be overstated. One thing that may not be on everyone’s radar, but should be, is that the de-listing of cannabis will improve safe access for medical cannabis patients by removing some hurdles in the medical cannabis supply chain and streamlining processes for pharmacies. Cannabis research will be easier to pursue, and hopefully academic institutions will begin to receive national and/or EU-provided funds for specific research projects.

Clubs

If the reported timeline stays on track, noncommercial cannabis clubs will start as early as July 1, 2024. Membership-based noncommercial clubs, from which adult consumers can legally source their cannabis, will be subjected to various regulations. One of the sticking points leading up to the recently reported final coalition agreement was the implementation of noncommercial clubs, and part of the coalition’s compromise was to stagger the implementation date. After the launch, non-commercial clubs will likely be common throughout most of Germany.

Future Reforms

All of the previously listed items are part of the ‘first phase’ of Germany’s legalization plan, often referred to as ‘the first pillar.’ The second phase/pillar involves the launch of regional adult-use cannabis commerce pilot programs, similar to what is already in place in Switzerland, but on a significantly larger scale. Nationwide adult-use sales, similar to what is in place in Canada, will have to wait due to European Union restrictions.

However, if home cultivation is widespread, cannabis clubs are also widespread, and regional adult-use cannabis commerce pilot programs are located in many jurisdictions throughout Germany, domestic access to legal cannabis will not be as big of a problem as some may think. With that being said, Germany needs to continue to lead the way at the European Union level, and hopefully the inevitable success of German legalization will kick those efforts into overdrive.