Tag: Germany

It is no secret that the current adult-use legalization effort in Germany has experienced some hurdles. Part of that is due to the legalization process itself, which involves various procedural steps in Germany, and part of that is due to continental and domestic politics.

However, despite all of the setbacks and delays, Germany’s Health Minister Karl Lauterbach still believes that legalization will be implemented in April, albeit with a vote occurring in February versus this month as previously expected.

»[Das #CanG] soll […] Karl Lauterbach (SPD) zufolge Ende Februar verabschiedet werden. „Ich gehe weiterhin davon aus, dass das Cannabisgesetz in der Woche vom 19. bis zum 23. Februar im Bundestag verabschiedet wird und dann ab 1. April gelten kann“https://t.co/9bc5GUZBNX

— Hanfverband (@hanfverband) January 20, 2024

In addition to making the comments about specific dates, Minister Lauterbach also weighed in on proposed consumption ban zone enforcement around schools and daycares, stating that it “is a decision with a sense of proportion” and that “not every individual violation can be punished.”

Minister Lauterbach seemed to indicate that enforcement will be circumstantial and stated “that’s the case with every law.”

He also reiterated the need to supplant the unregulated market in Germany, stating that “controlled distribution of cannabis is the right way to achieve this, combined with special protection for children and young people.”

If Minister Lauterbach is right about the April 1st implementation date, cannabis possession, cultivation, and consumption would be legalized for adults in Germany. Cannabis would also be removed from the nation’s Narcotics List.

Below is a video from International Cannabis Business Conference alumni journalist Micha Knodt that breaks down what consumers can expect, as well as some frequently asked questions (and answers) about the proposed law (the video is in German):

With 2024 now in full swing, the eyes of the international cannabis community remain fixed on Germany where lawmakers continue to work to pass the nation’s adult-use CanG cannabis law, an effort that has seemingly languished since it started back in 2021.

Last year was full of ups and downs in Germany, with a Bundestag vote expected, just to then be unceremoniously dashed, multiple times during 2023. According to Deutscher Hanfverband (DHV), a Bundestag vote is still expected later this month:

Nach diesem Leak berät die @spdbt diese Woche über das #CanG!
Heute und morgen tagt der Geschäftsführende Vorstand und Donnerstag/Freitag der Fraktionsvorstand.
In dieser Vorlage für diese Sitzungen wird Januar24 für die Entscheidung über das #CanG im Bundestag vorgeschlagen! https://t.co/WCuav2Tdbe

— Hanfverband (@hanfverband) January 9, 2024

DHV reached out to factions from Germany’s coalition government earlier this month, and while members of the Greens and FDP responded, members of the SPD parliamentary group did not. The SPD parliamentary group has received considerable blame for ongoing legalization delays.

“Due to the postponement of the CanG from the Bundestag agenda and the ongoing debates in the SPD parliamentary group, we asked all traffic light factions about the status of things. The Greens and FDP responded, the SPD parliamentary group did not.” DHV stated.

“In a joint press release on November 27th, 2023, the traffic light factions announced that they had “agreed in the negotiations on a paradigm shift in cannabis policy”. (https://www.gruene-bundestag.de/presse/pressemitigungen/ampel-ein-sich-auf-cannabis-gesetz). The subsequent reporting was accurate and the agreement stands. The substantive negotiations have been completed. Since then, no other negotiations, including at a higher level, have taken place between the traffic light factions. The changes must now be decided by the Health Committee and the law must be passed in an amended version by the Bundestag. This can take place within one week of the meeting. We Greens are striving for a timely adoption.” Green Party’s spokesperson Kirsten Kappert-Gonther told DHV.

“It is a common goal of our coalition to pass the cannabis law in the German Bundestag as quickly as possible. Thoroughness is more important than speed. A practical and sensible law is more important to us than a hasty law. In the negotiations between the political groups, we are always careful to take all interests into account. On the one hand, the protection of minors and health, security and criminal prosecution must be ensured; on the other hand, social realities and the right to self-determination must not be neglected. Despite internal coordination problems within the SPD parliamentary group, we are extremely confident that we will be able to complete the legislative process with our coalition partners in the near future. Our aim is to enable responsible and legal use of cannabis.” Christine Aschenberg-Dugnus, Parliamentary Managing Director of the Free Democrats Group told DHV.

Bundestag member Dr. Rolf Mützenich (SPD) was previously asked by a constituent in recent weeks, “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 publicly 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.

Further changes to CanG appear to be on the way, although it remains unclear what those changes are. Still, the timeline for approval appears to be on pace:

4) Die Arbeitsgruppe Gesundheit der @spdbt hat mehrheitlich entschieden, der Fraktion das nun geänderte #CanG zur Annahme zu empfehlen. Diese Debatte in der Gesamtfraktion steht für das nun neue Jahr an.

— Dr. Christos Pantazis MdB (@Dr_Pantazis) January 2, 2024

Meanwhile, adult-use cannabis or not, members of Germany’s established medical cannabis industry are calling for wider regulatory reform in the nation’s medical sector. All of it is adding to what will likely be a very busy year for cannabis policy modernization efforts in Germany in 2024.

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.

The biggest asset that cannabis opponents have where cannabis is prohibited is the ongoing benefit of the status quo. The most recent and prominent example of that can be found in Germany, where lawmakers have officially failed to pass a much-needed and long-awaited adult-use legalization measure.

After multiple delays, Dirk Heidenblut, a key member of the Social Democratic Party (SPD), announced on social media that the Bundestag will not be voting on an adult-use legalization measure (CanG) this year. According to domestic reporting, the SPD parliamentary group is to blame for the short-term veto on the vote.

“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.” stated Legal Tribune Online in its reporting.

Last week it was reported that members of the governing coalition reached an agreement to update certain provisions of the measure. Bundestag member Kirsten Kappert-Gonther detailed the changes in a social media post at the time:

Das #Cannabis Gesetz kommt!
Finally: Endlich beenden wir die
gescheiterte Verbotspolitik!
Nach intensiven Verhandlungen liegt nun ein Gesetz vor, das Jugend- und #Gesundheitsschutz in den Mittelpunkt stellt, die #Kriminalisierung beendet und praktikabel ist. 1/5

— Kirsten Kappert-Gonther (@KirstenKappert) November 27, 2023

Translated from German to English, Kirsten Kappert-Gonther stated at the time, “The #Cannabis law is coming! Finally: Finally we end this failed ban policy! After intensive negotiations, there is now a law that focuses on youth and #Gesundheitsschutz, which has ended #Kriminalisierung and is practicable.”

The social media thread went on to state, “I am very pleased about the changes achieved in the parliamentary procedure: Reduction of consumption bans to 100M; Allowed amount for home cultivation: 50 g of dried cannabis; Change to the driving license regulation with an appropriate limit through @BMDV by spring 2024. No gaps between cannabis clubs; No criminal penalties (only administrative offenses) with small amounts of 25-30 G in public and 50-60 G in private spaces. Easier #Cannabis cultivation to med. purposes. These changes made now make the law even better!”

“Communal consumption in cannabis clubs and edibles is not (yet) implemented. But what we were able to agree on together is a big step forward. Thank you to everyone who has campaigned for this law for decades! Next step: Decision in #Bundestag and then continue working together on Pillar 2.” Kirsten Kappert-Gonther also stated in the thread.

Cannabis advocates inside and outside of Germany are hopeful that a vote will occur as early as possible in 2024 and that the measure is truly in the “home stretch.” One thing is for sure – 2023 did not go as planned for cannabis policy modernization efforts in Germany. Hopefully next year proves to be the year that legalization finally gets over the finish line in one of the planet’s most influential nations.

Over the course of the last week, lawmakers in Germany reportedly reached an agreement to make changes to an adult-use legalization measure that is working its way through the Bundestag process.

According to comments made by members of the Bundestag, the SPD, Greens, and FDP factions of the governing coalition have agreed with Germany’s Federal Ministry of Health to change various aspects of the measure that was first introduced by German Health Minister Karl Lauterbach earlier this year.

Minister Lauterbach’s measure was introduced earlier this year after a lengthy drafting process that incorporated several meetings with members of the European Union. Minister Lauterbach was abundantly clear throughout his discussions that European Union approval would be needed before a measure could be submitted for consideration by domestic lawmakers in Germany.

Some of the provisions of Minister Lautebach’s initial measure were not well-received by domestic lawmakers due to the limitations that appeared to be imposed by the discussions with the European Union, not the least of which is the continued prohibition of national, regulated adult-use sales.

What was included in the initial measure were provisions that, if implemented, would legalize personal cannabis cultivation, possession, and use by adults in Germany, as well as permit the licensing of noncommercial cannabis clubs.

While the overall concept of national adult-use sales remains off the table for now, there are reported changes to certain provisions, as well as an expected vote on the updated measure to take place next week. Bundestag member Kirsten Kappert-Gonther detailed the changes in a social media post:

Das #Cannabis Gesetz kommt!
Finally: Endlich beenden wir die
gescheiterte Verbotspolitik!
Nach intensiven Verhandlungen liegt nun ein Gesetz vor, das Jugend- und #Gesundheitsschutz in den Mittelpunkt stellt, die #Kriminalisierung beendet und praktikabel ist. 1/5

— Kirsten Kappert-Gonther (@KirstenKappert) November 27, 2023

Translated from German to English, Kirsten Kappert-Gonther stated, “The #Cannabis law is coming! Finally: Finally we end this failed ban policy! After intensive negotiations, there is now a law that focuses on youth and #Gesundheitsschutz , which has ended #Kriminalisierung and is practicable.”

The social media thread went on to state, “I am very pleased about the changes achieved in the parliamentary procedure: Reduction of consumption bans to 100M; Allowed amount for home cultivation: 50 g of dried cannabis; Change to the driving license regulation with an appropriate limit through @BMDV by spring 2024. No gaps between cannabis clubs; No criminal penalties (only administrative offenses) with small amounts of 25-30 G in public and 50-60 G in private spaces. Easier #Cannabis cultivation to med. purposes. These changes made now make the law even better!”

“Communal consumption in cannabis clubs and edibles is not (yet) implemented. But what we were able to agree on together is a big step forward. Thank you to everyone who has campaigned for this law for decades! Next step: Decision in #Bundestag and then continue working together on Pillar 2.” Kirsten Kappert-Gonther also stated in the thread.

“…the law is to be discussed in the lead health committee in the week of the meeting in mid-December (calendar week 50) and then finally passed in the Bundestag in the same week. The regulations on decriminalization should apply from April 1, 2024, but the regulations on the new cultivation associations in which members can purchase cannabis will only apply from July 2024.” Legal Tribune Online stated about expected implementation dates.

A long-awaited adult-use cannabis legalization vote was initially scheduled for this week in Germany, however, the vote was delayed until at least December. This likely means that German adult-use reform will not be achieved until next year.

The measure that is currently being considered by members of the Bundestag was largely championed by German Health Minister Karl Lauterbach. In its current form, the measure would permit the personal cultivation, possession, and consumption of cannabis by adults, as well as the eventual launch of noncommercial cannabis clubs.

Several lawmakers in Germany have expressed frustration with some of the provisions that are currently included in the legalization measure, as well as expressed frustration with how long the political process is taking:

Das CannG wird im Dezember beschlossen. Das bedeutet, dass wir den Zeitplan nicht halten. Ich weiß, dass das für viele eine große Enttäuschung ist. Deswegen ist diese Entscheidung auch niemandem leicht gefallen. Gut ausgearbeitete Verbesserungen sind aber in unser aller Sinne. ✊

— Carmen Wegge (@CarmenWegge) November 10, 2023

Translated from German to English the social media post states, “The CannG will be decided in December. This means that we are not keeping to the schedule. I know this is a huge disappointment for many. That’s why this decision wasn’t easy for anyone. However, well-designed improvements are in all of our interests. ✊”

Reading between the lines a bit, Carmen Wegge’s social media post seems to indicate that the current adult-use legalization measure is evolving and that the delayed vote could be indicative of changes on the horizon. Obviously, only time will tell.

Currently, only two nations in Europe have passed a national adult-use legalization measure. Malta did so in late 2021, and Luxembourg did so earlier this year. Both legalization models are limited in scope, with Luxembourg’s legalization model being particularly narrow and only permitting cultivation, possession, and consumption.

According to the European Union, continental agreements prohibit robust national sales such as what is found in Canada and Uruguay. The two Western Hemisphere nations make up the remainder of the list of countries that have passed a national adult-use measure.

Many international cannabis observers have wondered if domestic lawmakers in Germany will push for reform provisions that go against the EU’s expressed limitations, and if so, where things will go from there. It appears that the earliest that may happen will be in 2024.