Tag: Germany

Roughly a month ago, cannabis opponents in Germany’s Federal Council (or Bundesrat) tried to derail the nation’s legalization plans. German lawmakers are currently considering a proposal that was largely championed by the nation’s Health Minister Karl Lauterbach.

Minister Lauterbach’s measure, which would legalize cannabis for personal cultivation, possession, and consumption, was already approved by the nation’s Federal Cabinet. The measure would also permit adult-use noncommercial cannabis clubs to operate.

A coalition of SPD ministers from jurisdictions like Hamburg, Thuringia, and Lower Saxony have been very vocal in opposition to the measure, which is currently working its way through the Bundestag process.

In the coalition’s latest move, the ministers sent a ‘warning letter’ to the SPD parliamentary group. The letter was reportedly authored by Hamburg’s Interior Senator Andy Grote (SPD) on behalf of the coalition and focused on Dutch and Spanish policies.

“The liberal drug policy has given organized crime an enormous increase in the market while at the same time reducing the risk of criminal prosecution and has thus created the foundations for the structures that the Dutch state has today escalated violence.” the letter stated.

The letter went on to bemoan “perpetrators from all nations” that it claims have flooded into the two countries, creating a “pull effect on perpetrators of organized crime.” The letter was specifically critical of the amount of cannabis that an adult will be able to acquire through a licensed and regulated, noncommercial club in Germany if/when the law is approved and implemented.

“It is therefore very likely that many 18-year-olds will pass on their ‘excess’ cannabis to people under 18 at parties and on other occasions (including for money).” stated the letter.

For context, Uruguay passed a national legalization measure in 2013 that included club provisions. None of the doomsday scenarios that the SPD interior ministers are predicting ever materialized in Uruguay. The same is true in Canada, which legalized nationwide in 2018. The same will presumably be true in Malta where regulators recently approved the first two licenses for noncommercial clubs.

A long-awaited initial legalization measure debate was finally held in Germany’s Bundestag earlier this week after a reading scheduled for earlier in the week was delayed. The initial reading was scheduled for Monday, however, it was rescheduled for Wednesday due to the ongoing conflict in the Middle East.

The process behind the measure currently being considered by members of the Bundestag essentially started after the dust settled on the 2021 German election. A new governing coalition was elected during that year, commonly referred to as the Traffic Light Coalition, and members of the coalition made it abundantly clear that they wished to pass a national legalization measure.

For over a year, Germany’s Health Minister Karl Lauterbach then worked behind the scenes to craft a measure for lawmakers to consider, incorporating feedback he reportedly received from the European Union. The European Union has consistently taken the position that national sales, such as what many lawmakers in Germany want, are prohibited in Europe.

Eventually, in October 2022, Minister Lauterbach finally provided public insight into some of the general provisions he planned to include in his measure. Below is Health Minister Lauterbach’s presentation in full (broadcast in German):

After the public presentation, Minister Lauterbach then further lobbied the European Union, and eventually formally introduced his legalization measure in Germany. It was approved by the Federal Cabinet and recently avoided being derailed by opponents in the Bundesrat.

It is widely expected that the measure will evolve from its current form, however, it’s unclear exactly how much evolution could occur.

Cannabis opponents in the Bundestag have tried to further the efforts of opponents in the Bundesrat by filing motions to prevent the legalization measure from proceeding, but as Minister Lauterbach pointed out on social media, opponents are short on viable alternatives:

Hier die Zusammenfassung der Cannabisdebatte. Was mir auffällt: von den Kritikern hatte kein einziger einen Gegenvorschlag. Es bliebe also alles beim alten. Mehr Konsum, toxische Ware, kaum Jugendschutz, Schwarzmarkt, Vorstrafen. Kurz: Weiter scheitern… https://t.co/WeEpnd7pSF

— Prof. Karl Lauterbach (@Karl_Lauterbach) October 18, 2023

If the measure does proceed in its current form, it would legalize personal cultivation, possession, and use by adults of legal age. The measure would also permit noncommercial cannabis clubs to launch in Germany, similar to what is being launched in Malta, but it’s expected to be on a much larger scale compared to what is reportedly planned in Malta.

The measure now heads to the committee stage for further debate. The Bundestag’s Health Committee is scheduled to review the measure on November 6th. A final reading of the measure is currently scheduled for November 16th.

A long-awaited reading of Germany’s national adult-use cannabis legalization measure was originally scheduled for today, however, it was reportedly delayed due to the ongoing conflict in the Middle East. The measure is now scheduled to be read on Wednesday, October 18th at 6 p.m. CET.

Der neue Termin für die erste Lesung steht: Diesen Mittwoch, 18.10., ab 18 Uhr. https://t.co/hZHwrKKIy0

— Hanfverband (@hanfverband) October 16, 2023

The legalization measure being considered by the Bundestag was originally introduced by Germany’s Health Minister Karl Lauterbach earlier this year after extensive discussions with the European Union. Initially, it was hoped that the EU would permit regulated sales to adults nationwide.

Unfortunately, the EU’s position is that such a model runs contrary to continental agreements.

What was ultimately introduced was a multi-phased plan, with the first phase involving the legalization of personal cultivation, possession, and consumption. The measure would also create noncommercial clubs that would provide cannabis to members.

Purchasing limits would be involved, as would ‘buffer zones,’ limits on the number of clubs per jurisdiction, and a limit of 500 members per club. Those provisions are now being considered by national lawmakers.

Back in August, Germany’s federal cabinet approved the measure:

Die derzeitige Cannabis-Drogenpolitik ist gescheitert, sagt Bundesgesundheitsminister @Karl_Lauterbach im @heutejournal und verteidigt seine Pläne zu teilweisen Legalisierung von #Cannabis.
Das Interview in der ZDF-Mediathek. Lauterbach zur Cannabis-Politik – ZDFmediathek pic.twitter.com/lJHrasZWgU

— ZDF heute journal (@heutejournal) August 16, 2023

Earlier this month cannabis opponents in Germany’s other legislative body, the Federal Council (or Bundesrat), failed to block the measure from proceeding to the Bundestag for consideration.

Several members of the Bundestag have expressed a desire to change some of the provisions of Minister Lauterbach’s measure, and it will be very interesting to see how the measure evolves now that it is being considered by the chamber.

As cannabis modernization efforts continue to work their way through the political process in Germany, one major hurdle that worried some cannabis policy observers inside and outside of Germany was the Federal Council (or Bundesrat) review component of the process.

Cannabis opponents within the Federal Council made it clear that they intended to derail legalization when provided the opportunity, but fortunately, they did not succeed. On Friday the Federal Council considered the measure that was previously approved by the Federal Cabinet, and while amendments were approved, an outright blockage did not receive enough support.

Bavaria’s representative filed a motion in an attempt to stall the measure, however, that motion was rejected. Various other amendments were also rejected, including one that would have increased the legal age for adult-use cannabis, as first reported by Marijuana Moment.

One area that representatives did agree on was the role of individual states regarding administrative costs to implement and carry out national legalization. In total, 81 recommended amendments were adopted by the chamber, and they will now go to the Federal Cabinet for consideration and response.

The battle is far from over, however, national legalization in Germany passed a major procedural step and that is worthy of celebrating. Below is a response put out by our friends at DHV after the proceedings:

On Friday, the Federal Council decided on its statement on the CanG. Thanks to your help, the decisions were significantly milder than was feared. Over 8,000 people took part in our campaign and sent emails to the traffic light groups.

A total of 81 points of criticism of the planned CanG found a majority in the Federal Council’s specialist committees, which meant that they were put on the Bundesrat’s agenda as a draft resolution. These included many points that called for the law to be tightened.

In addition to the 81 points that had been decided, a single motion was submitted for a vote again, even though it had not found a majority in the committee: The CSU absolutely wanted to have the motion voted on again so that the Federal Council fundamentally rejects the law completely. This means that the radical anti-cannabis party from Bavaria has failed. The demand to declare the law requiring approval also did not find a majority. A number of other repressive requests were rejected. Before the vote, the state parliamentary groups obviously looked at which resolutions should be blocked, certainly strongly motivated by thousands of emails on the topic. You can find out which resolutions were rejected, which ones made it through and what it all means in the DHV news. The law will be officially introduced into the Bundestag on October 13th, perhaps garnished with a few speeches before it goes on to committees for discussion.

The CSU wants to be the biggest opponent of cannabis reform. Every week, Bavaria’s Health Minister Holetschek (CSU) drives a new pig through the village. Last week it was announced that they wanted to combat cannabis consumption with a central control unit if the law were to pass despite Bavaria’s resistance. This anti-cannabis authority should also be responsible for applications from cannabis social clubs. Meanwhile, party leader Söder is having a bullshit duel with Free Voters leader Aiwanger while Oktoberfest is in full swing: Who has the stupidest arguments against cannabis legalization? We are now responding to this special role of the Bavarian government with a poster campaign in Bavaria around the state elections next weekend:

“Time for legalization! Cannabis belongs to Bavaria. Longer than the CSU!” 

Our advertising columns are already at the start in Munich. The first photo of this reached us via tweet from Carmen Wegge (SPD), who chose our poster directly in front of the Bavarian State Parliament for the picture above. Your Christmas donations made this campaign possible! If you spot one, please send us photos of the posters and information about the location to kontakt@hanfverband.de . In addition to Munich, it will be from October 6th. there will be further posters in Fürth, Ingolstadt and Augsburg. These posters will still be hanging after the election and will help the CSU interpret the expected voter losses.

Hempy greetings,
your DHV team

A coalition of SPD ministers from Hamburg, Thuringia, and Lower Saxony are trying to slow down cannabis policy modernization efforts in Germany. Germany’s current legalization effort was historically led by Germany’s Health Minister Karl Lauterbach (SPD). If the coalition of SPD state ministers have their way, Minister Lauterbach’s bill will never become law.

What is currently being proposed is a multi-phase plan to modernize Germany’s adult-use cannabis policies. The first phase, which was approved this year by Germany’s federal cabinet, would legalize the personal cultivation, possession, and use of cannabis.

Additionally, the first phase would eventually permit noncommercial cannabis clubs to operate. The clubs would be subject to a host of regulations, including caps on the number of members they can have. Individual consumers would also be restricted to only possessing one membership at a time.

While Germany’s federal cabinet approved the first phase measure, it is now being considered by members of the Bundestag and it’s very likely that provisions of the bill will evolve, and not in a manner that the coalition of SPD state ministers are hoping for.

Unlike the SPD state ministers, who feel that the current measure being considered is too liberal, many members of the Bundestag have expressed publicly that they feel the current measure is too restrictive.

The second phase of legalization according to Minister Lauterbach’s proposal would involve permitting regional adult-use cannabis commerce pilot programs, similar to what is in operation in Switzerland and being considered in the Netherlands. Although, Germany’s pilot programs are expected to be conducted on a larger scale than compared to its European counterparts’ programs.

A cannabis pilot program, in theory, provides national lawmakers the opportunity to collect data at a local level in order to be better suited to craft national cannabis laws and regulations. Full national sales are not within the scope of the current legalization effort in Germany, although there’s a lot of the process left to be completed and anything is possible.

Germany’s Health Minister participated in ongoing discussions with the European Union regarding cannabis policy, and Minister Lauterbach indicated that national sales would run afoul of EU agreements. Malta and Luxembourg have passed national legalization measures, however, they do not include provisions for national sales.

Slowing down the process in Germany is unacceptable. If anything, it needs to be sped up. Cannabis prohibition is a failed public policy, and regulation is a more sensible approach. Canada is proving that right now, and it would be wise for Germany and every other country to modernize their own cannabis policies.

People do not need to be cannabis consumers in order to recognize the harms of cannabis prohibition and the benefits of cannabis policy modernization. An example of that can be found in recent comments made by German Chancellor Olaf Scholz. Chancellor Scholz made it clear that he has “never” consumed cannabis, “not even a single puff.”

Yet, despite refraining from consuming cannabis, Chancellor Scholz expressed his direct support for Germany’s current cannabis policy modernization effort, describing it as “doing exactly the right thing.” Chancellor Scholz’s comments were made during an interview with the German TV stations Sat.1 and ProSieben.

Chancellor Scholz’s position on cannabis reform highlights that modernizing cannabis policies does not just benefit cannabis consumers and entrepreneurs. Cannabis prohibition is a failed public policy that wastes enormous amounts of limited public resources; resources that would be better allocated to many other things such as schools and infrastructure.

The recent comments made by Chancellor Scholz are not unique. At least one other policymaker, United States Congressman Earl Blumenauer, proudly supports cannabis reform despite having never consumed cannabis during his lifetime. Cannabis legalization is sensible public policy, and it’s refreshing to hear sitting lawmakers stating as much.

German Chancellor Olaf Scholz’s comments come in the midst of a historic push in Germany to update the nation’s cannabis policies. Medical cannabis is already permitted in Germany, however, many suffering patients still do not have safe access for various reasons.

The German plan in its current form involves essentially three phases for legalization. The first, which was recently approved by Germany’s federal cabinet as previously mentioned, would legalize personal cultivation, possession, and use along with permitting noncommercial cannabis clubs.

Components of the first phase, which were largely driven by restrictive conversations at the European Union level, have received pushback from advocates inside and outside of Germany. Members of the Bundestag have already expressed a strong desire to make changes to the phase one plan, and only time will tell if they are successful in doing so.

Earlier this month Germany’s federal cabinet approved a long-awaited cannabis legalization measure that was largely led by Health Minister Karl Lauterbach. The measure in its current form would, among other things, legalize the personal cultivation, possession, and consumption of cannabis for adult-use purposes.

The announcement of the measure’s updated provisions, which occurred several months ago, was received with mixed reactions from Germany’s cannabis community, as well as by cannabis community members abroad. Everyone seems to agree that the measure is better than outright prohibition, however, some of the provisions are better than others, as captured in a recent press release from the German Hemp Association:

The German Hemp Association welcomes the cabinet draft as a milestone on the way to reforming cannabis policy in Germany. With the debate now starting in the Bundestag, the passage of the law is within reach. Hundreds of thousands of consumers have been the subject of criminal proceedings for consumption-related offenses in recent decades. This senseless repression could come to an end at the turn of the year.

The DHV hopes that the participation of the MPs will bring a breath of fresh air to the discussion about the details. Because since the draft bill, no major improvements are discernible. All of the main criticisms of the DHV are still relevant:

• The ban on consumption in cannabis cultivation clubs is unrealistic.
• The distance regulation will make it unreasonably difficult for clubs to find suitable locations.
• The distance regulations for consumption cannot be observed. They violate the principle of certainty of the Basic Law. Neither consumers nor the police can know exactly where consumption is permitted and where it is not.
• The threat of penalties and fines for small violations of the already arbitrary limits is completely exaggerated. Possession of 25 grams is perfectly legal, possession of 26 grams carries a prison sentence of up to three years. A fine of up to 100,000 euros can be imposed for consumption within a distance of 199 meters from a school.
• A total of three plants for home cultivation is not enough. An upper limit of 25 grams is unrealistic for the storage of home-grown cannabis in your own home.

The DHV is confident that these and many other problems will now be addressed in detail in the parliamentary process. However, the current plans cannot remain the same. A large-scale suppression of the black market is only possible with the nationwide introduction of cannabis specialty shops for adults.

“Today is a good day, above all, because Parliament now has sovereignty over further decisions and no longer Karl Lauterbach,” said DHV spokesman Georg Wurth.

It does appear that changes to the measure will at least be attempted by domestic lawmakers in Germany now that the process has transitioned over to the Bundestag, as reflected in a recent social media post by Bundestag member Kristine Lütke (FDP):

Der im Kabinett beschlossene #Cannabis-Gesetzentwurf bleibt hinter den Erwartungen zurück. In den parlamentarischen Beratungen werden wir den Entwurf grundlegend überarbeiten, um am Ende ein praxistaugliches und sinnvolles Gesetz zu verabschieden. #WeeklyWeedTweet

— Kristine Lütke MdB (@kristine_lutke) August 18, 2023

It’s a safe bet that changes are on the way. It’s not a question of ‘if,’ but rather ‘what?’ Will the changes amount to minor tweaks, or will they be a fairly substantial overhaul of major components of the measure, such as those listed in the DHV’s recent press release? Will attempts to change the measure derail the process? Only time will tell.

The domestic political process is not occurring in a vacuum. All the while the European Union and various treaties loom over the process, and needless to say, it will be interesting to see what the EU’s reaction is to any changes made during the domestic political process.

It’s also worth noting that the current measure being considered does not encapsulate everything involved with Germany’s cannabis policy modernization effort. It’s merely the first of what will ultimately prove to be three phases of the effort.

This first one involves components related to personal freedoms and noncommercial cannabis clubs, which is what is being considered now. Phase two will involve the launch of regional commerce pilot programs, and that will require a separate measure. Lastly, and this third phase is currently out of the scope of Minister Lauterbach’s plan, is the launch of nationwide sales.

Given how long the first phase is taking, cannabis observers inside and outside of Germany should be ready for a lengthy process. ‘Rome wasn’t built in a day’ as the saying goes, and the same is true for modernizing the cannabis policies of Europe’s largest economy.