Tag: Germany

Arguably the most popular person in the international cannabis scene right now, for better or worse, is German Health Minister Karl Lauterbach. Minister Lauterbach made international headlines in October 2022 when he presented a plan to Germany’s federal cabinet and has served as a primary focus of international cannabis observers like myself ever since.

For several months cannabis advocates watched Minister Lauterbach’s social media channels with a very close eye, and even some of his in-person appearances yielded speculation as to what it may mean for Germany’s legalization efforts. Now that Minister Lauterbach’s legalization plan is being circulated amongst lawmakers in Germany, the focus on him has lessened, however, it has not completely subsided.

That was on full display when Minister Lauterbach traveled days ago to Canada and met with Canada’s Minister for Mental Health and Addiction Dr. Bennett to discuss cannabis policy. What Minister Lauterbach witnessed with his own two eyes, legalization succeeding, was significant. Below is his tweet about it:

Heute Treffen mit der Kanadischen Ministerin für Mental Health and Addiction Dr. Bennett zum Thema Cannabis Legalisierung. Die Ärztin sagt Legalisierung habe dort nicht zu einer Zunahme des Konsums geführt, auch nicht bei jungen Menschen. 70% des Schwarzmarktes sind verschwunden. pic.twitter.com/nSPoixe02O

— Prof. Karl Lauterbach (@Karl_Lauterbach) May 26, 2023

Auto-translating his tweet from German to English, the tweet stated: “Meeting today with Canadian Minister for Mental Health and Addiction Dr. Bennett on cannabis legalization. The doctor says legalization has not led to an increase in consumption there, not even among young people. 70% of the black market is gone.”

A lot of anti-cannabis rhetoric is being tossed around these days in Germany as the legalization push continues, and one of my biggest pet peeves is cannabis opponents acting as if Canada didn’t legalize cannabis for adult use at the national level in 2018, and that there is not a significant amount of data available as a result. Unfortunately for those opponents, the reality we all live in speaks for itself.

As Minister Lauterbach’s tweet points out, claims that cannabis consumption will spike post-legalization have not materialized in Canada, and it’s likely that any limited increase in reported use is more indicative of longtime consumers finally being willing to admit it to government data collectors.

Furthermore, youth consumption, which cannabis opponents seem to constantly try to make the focus of their fear-mongering propaganda efforts. has not increased post-legalization in Canada, and that’s per Canada’s Minister for Mental Health and Addiction.

Cannabis opponents will cling to the out-of-context talking point that the unregulated market still exists in Canada, however, knowing that 70% of cannabis sales have transitioned to the regulated market is obviously meaningful. That’s a massive amount of revenue that used to go to organized crime and now goes toward boosting Canada’s economy, including to funding projects that benefit non-cannabis consumers.

Legalization works. It is working in Canada, and it will also work in Germany and wherever else lawmakers modernize their jurisdiction’s cannabis policies in a sensible way.

If you have spent a considerable amount of time in politics then you know that a classic tactic to build public pressure during political negotiations is to leak details to the media. After all, it’s one thing to negotiate a measure out of public view, but often an entirely different matter when the public gets to weigh in.

International cannabis observers already got to see the tactic in action back in October 2022 when an alleged draft of German Minister Karl Lauterbach’s legalization plan was leaked to the media and it resulted in considerable public outcry against certain provisions of the plan. Later in the month when Minister Lauterbach made his historic presentation to Germany’s federal cabinet the plan had evolved for the better, and it’s a safe bet that public outcry had something to do with that.

After Minister Lauterbach’s presentation in October 2022, Minister Lauterbach started lobbying the European Union to try to gain its permission for Germany to proceed with adult-use legalization. Minister Lauterbach eventually held a press conference, joined by other members of Germany’s government, and provided details regarding negotiations with the European Union. As we all now know, some of the provisions of Minister Lauterbach’s initial plan were deemed acceptable by the EU and some were not.

Home cultivation, possession, noncommercial cannabis clubs, and eventually regional adult-use pilot programs were approved according to Minister Lauterbach, however, nationwide adult-use sales will have to wait. For now, policymakers in Germany need to craft laws, rules, and regulations for what is in scope for the first two phases of adult-use legalization. German lawmakers simply stating that noncommercial cannabis clubs are permitted is obviously not enough, and there’s a political process well underway in Germany to hammer out all of the necessary details.

In news that is not at all surprising to me, another leak has occurred in Germany and it is shedding some light as to where domestic negotiations currently stand. Much of what was leaked and reported on in Germany seems to surround noncommercial cannabis clubs, which will be strictly regulated and purely “cultivation associations.” According to domestic reporting, no cannabis can be consumed “within the clubs and within a radius of 250 meters.” Below are additional provisions included in the draft that was acquired by the German Press Agency:

• 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 individuals were also reportedly included in the leaked draft. Consumption is prohibited “within a radius of 250 meters from schools, daycare centers, playgrounds, youth facilities or sports facilities.” Also, consumption “should also not be permitted in pedestrian zones between 7 a.m. and 8 p.m.”

Other provisions that were previously known appear to be unchanged in the recently leaked draft, including limiting consumers to one club membership at a time and permitting the cultivation of up to 3 plants. Pharmacies are not allowed to cultivate or sell adult-use cannabis under the leaked plan, and medical cannabis “is to be removed from the scope of the Narcotics Act.” In fact, medical cannabis reportedly has its own separate chapter in the draft law, which will hopefully provide a boost in safe access for patients, as well as help streamline cannabis research project approvals.

Some of the previously listed provisions seem to be drawing more outcry than others, however, it’s very important to recognize that the political process is far from over and that what was leaked was merely a draft. If people in Germany are fired up about a particular provision, or multiple provisions, now is the time to contact lawmakers and urge them to push for necessary amendments to the measure.

The push to legalize cannabis for adult use in Germany is far from a new thing. To some extent, activists inside and outside of Germany have fought to end prohibition in Germany since the start of prohibition. However, a major milestone in the nation’s legalization efforts came in mid-2021 when a new governing coalition was elected in Germany.

Members of the new coalition made it clear that they would be pursuing adult-use legalization, and since that time the world has waited on pins and needles waiting for any movement on the formal introduction of a measure.

In October 2022, Germany’s Health Minister Karl Lauterbach provided an update to the federal cabinet, followed by a press conference earlier this year providing yet another update. Both times Minister Lauterbach hinted at the future introduction of a measure, yet provided no specific dates.

At long last, it appears that Minister Lauterbach has finally introduced a measure, albeit a scaled-back version of what was initially touted back in 2021. According to domestic reporting, the draft measure was submitted and ‘has now been sent to the other ministries for inspection and examination.’

Draft laws are not made public at this juncture, however, if it’s what Minister Karl Lauterbach described in his press conference last month, then quite a few components of the legalization plan are already out there. What Lauterbach previously described involves what ultimately amounts to a three-pronged legalization strategy.

The first phase is legalization as it pertains to individual freedoms, including possession of up to 25 grams, cultivation of up to three plants, and the launch of noncommercial cannabis clubs. The second phase involves the launch of regional adult-use commerce pilot projects.

A third phase, which was not expressly stated as such in Minister Lauterbach’s recent press conference, involves Minister Lauterbach continuing to lobby the European Union to gain its permission for Germany to launch national sales to anyone of legal age.

While the lobbying effort is not officially recognized as a third phase by lawmakers in Germany, effectively, it serves as a third iron in the German legalization fire and will take longer to make into a reality compared to the other two.

For many months I have described Minister Lauterbach as being a political pinball and bouncing back and forth between the EU and Germany. The process is now moving forward domestically, albeit slowly, and that is an exciting thing to think about as Europe’s largest economy inches ever closer to legalization.

Cannabis-infused edibles are not only a growing sector of the emerging legal cannabis industry; they play a vital role in boosting public health outcomes. After all, it is no secret that a lot of consumers light cannabis flower on fire and inhale the smoke. While cannabis smoke is not the same as tobacco smoke, it’s still better in nearly every instance for someone to refrain from inhaling smoke and instead consume something in a smokeless form.

To be clear, I am not shaming anyone for smoking cannabis, and I will be the first to point out that I do it myself every single day. For many consumers, it’s the easiest and most affordable way to consume cannabis. With that being said, legal cannabis edibles are a vital component of any winning cannabis public policy strategy that is geared towards boosting public health outcomes, such as what is being pursued in Germany.

German ministers unveiled a long-awaited national cannabis reform strategy earlier this month, with the plan involving legalizing personal freedoms such as possession and cultivation, as well as legalizing noncommercial cannabis clubs. Those components will serve as the first facet of a multi-pronged approach to legalization, followed by the launch of regional pilot programs.

If Germany’s Health Minister has his way, legal cannabis edibles will not be a part of the equation, and if so, that will be truly unfortunate:

„Das muss weg“, sagt @Karl_Lauterbach über Haschkekse. Sog. Edibles “richten sich oft in einer gefährlich verharmlosenden Art und Weise an Kinder und Jugendliche. Ich möchte die nicht.“ Das ganze #Spitzengespräch zur #Cannabis-Legalisierung heute Abend auf https://t.co/u41mT9KNNa pic.twitter.com/mDhEluEsMG

— Markus Feldenkirchen 💎 (@MFeldenkirchen) April 19, 2023

Minister Lauterbach’s quote auto-translates from German to English to: “That has to go,” says @Karl_Lauterbach about hash cookies. So-called edibles “are often aimed at children and young people in a dangerously trivializing way. I don’t want them.”

For many years unfounded fears of legal cannabis edibles served as a go-to talking point for cannabis opponents. To some extent that is still the case, so it is unfortunate to see Minister Lauterbach echoing it. Minister Lauterbach should consider what legal jurisdictions are already doing to mitigate what he claims to be concerned about.

For starters, legal adult-use edibles are only sold via regulated outlets to people who can sufficiently prove that they are adults. Compare that to what is happening in Germany right now, where a thriving unregulated edibles market already exists and presumably no one is checking anyone’s ID.

Additionally, legal markets have advertising regulations in place pertaining to cannabis products, including no use of names, characters, or in some cases even shapes that can be construed as being ‘aimed at children and young people.’ Furthermore, packaging regulations are such in legal markets that everything needs to be in child-proof containers before being provided to consumers.

Clearly, there are reasonable steps that can be taken to help mitigate Minister Lauterbach’s professed fears. If other jurisdictions can do it, so can Germany. Otherwise, if cannabis edibles remain prohibited in Germany, the unregulated market will continue to fill the supply void, and obviously, the demand is not going to go away.

If Germany truly wants to legalize cannabis in a manner that boosts public health outcomes, edibles have to be a part of the legalization model. Consumers should not be forced toward inhaled cannabis products if they would prefer smokeless forms of cannabis. Just as consumers in Germany deserve to purchase and consume tested, regulated cannabis flower, so too should they be able to purchase and consume tested, regulated edibles.

Adult-use cannabis policy is taking shape in Germany after many details were provided during a press conference held earlier this month. While there are some details that need to be further explored, below is what we know right now regarding the first phase of legalization according to the current plan:

• The legal age will be set at 18 years old
• Personal possession will be limited to 25 grams
• Personal cultivation will be limited to 3 plants
• Noncommercial cannabis clubs will be permitted

The components listed above will serve as the foundation for the first phase of a multi-faceted approach to cannabis reform in Europe’s largest economy. The second phase of the plan will result in regional adult-use cannabis commerce pilot programs, which for the providers and consumers involved, will yield a situation in which adult-use cannabis purchases are completely legal.

Government officials in Frankfurt and Offenbach have already declared their intent to launch such programs, and it’s guaranteed that they will not be the last jurisdiction to do so. It’s quite possible that pilot programs will proliferate in Germany in the coming years.

The second phase will take longer to implement being that more rules and regulations will be involved compared to the first phase of German legalization, and from that standpoint, it’s a good thing that it’s operating on its own timeline separate from the first phase of legalization.

A third phase for German legalization is also being pursued in the form of an ongoing effort to obtain the European Union’s approval for regulated national sales. Germany’s Health Minister Karl Lauterbach has led that effort since October 2022. So far, the EU has unfortunately refrained from granting such approval.

However, even without nationwide sales to anyone of legal age Germany’s model will still be closer to legalization found elsewhere on the planet than many people may think.

Cannabis Legalization In Uruguay

Uruguay became the first country on earth to pass a national adult-use cannabis legalization measure back in 2013. Although, legal sales at pharmacies did not begin until 2017, which is a fact that many international cannabis observers seem to forget. Much like Germany’s approach to legalization, Uruguay rolled out its legalization model in phases.

The legal age for cannabis in Uruguay is the same as what is being considered in Germany, 18 years old, and home cultivation is permitted (up to 6 plants) in addition to noncommercial cannabis clubs. The possession limits in Uruguay are somewhat unique, in that there are per-month possession and purchasing limits. Taking all of that into consideration, the first phase of German legalization will look a lot like the first phase of legalization in Uruguay.

Uruguay’s legalization model has its limitations, which is true of any legalization model on earth that is currently in existence. Arguably the most notable limitation of Uruguay’s legalization model is that it is for citizens and permanent residents – not tourists. Furthermore, while sales became legal at pharmacies to citizens and residents in 2017, the types of products available to consumers are limited and involve THC percentage caps.

Between 2017 and late 2022, pharmacies in Uruguay were only permitted to sell two varieties of cannabis flower, “alpha” and “beta.” Both options have a THC level of less than or equal to 9% and a CBD level of greater than or equal to 3%. It wasn’t until December 2022 that a third option became available, “gamma,” which contains a THC percentage that is ‘less than or equal to 15%, and a CBD percentage that is less than or equal to 1%.’

Comparing the current situation in Uruguay to Germany’s eventual proposed second phase of legalization demonstrates that the two models are not nearly as different as many cannabis observers seem to be indicating. And whereas Uruguay does not currently appear to have plans to expand its legalization model, Germany’s pursuit of robust, regulated national sales to anyone of legal age is ongoing (and gaining momentum).

Cannabis Legalization In Canada

Canada is currently the only country on earth where someone of legal age (at least 18 years old) can legally purchase a wide variety of cannabis products nationwide regardless of their residency status. Canada became the second country to legalize cannabis for adult use, including sales, back in 2018.

However, Canada’s legalization model also has its limitations. For starters, while cannabis may be available nationwide to some degree, there are still local commerce bans in place. Consider the fact that policymakers in Mississauga, Ontario voted just last week to eventually permit legal retail sales within their jurisdictional boundaries. Canada’s Supreme Court ruled this month that jurisdictions can also ban home cultivation entirely.

The first and second phases of legalization in Germany will obviously not result in the same overall variety of consumer options compared to what can be found in Canada right now for everyone of legal age. However, for people that live in Canada where home cultivation and/or retail sales are still prohibited, comparing their situation to someone in future Germany who can cultivate their own cannabis, join a noncommercial cannabis club, and sign up for a local pilot program highlights that the ‘legalization gap’ will not be as wide for many consumers in Germany compared to Canada soon. At least not as wide as many people may think.

Cannabis Legalization In Malta

Malta will forever hold the distinction of being the first European country to pass a national adult-use legalization measure, having done so in late 2021. With that being said, Malta’s legalization model is much more limited in size and scope compared to Uruguay and Canada.

The legal age for adult-use cannabis in Malta is also 18 years old. Like Canada, adults in Malta are permitted to cultivate up to four cannabis plants, and like Uruguay, Malta will eventually permit noncommercial cannabis clubs. Yet, unlike Uruguay and Canada, there will be no other means in Malta by which to legally acquire legal cannabis other than gifting – no pharmacy or store sales.

Malta’s adult-use possession limit is set at 50 grams, which will likely be the only component of Malta’s adult-use legalization model that is better than what will be implemented in Germany under the nation’s first phase of legalization. Once the second phase of legalization is launched, Germany’s model will be superior to Malta’s by every measure outside of the personal possession limit parameter.

Cannabis Legalization In The United States

The United States is home to a unique set of cannabis policies and regulations. At the federal level cannabis remains prohibited in the United States to a large degree, however, legalization at the state level is becoming increasingly more common with every passing election and legislative session.

Yet, even in legal states like Oregon where I live, there are still local jurisdictions that prohibit cannabis sales. Also, the legal age in the United States (state-level) is 21 years old. Furthermore, there are legal states in the U.S. that still prohibit home cultivation, with Washington State being a notable one. Washington voters approved a legalization measure in 2012 and yet adults still cannot legally cultivate cannabis for recreational purposes there.

The State of Vermont passed a legalization measure in 2018, however, legalization in the Northeastern state did not include regulated cannabis sales upon initial passage. That didn’t happen until years later. No two states in the U.S. have passed an identical legalization measure, and no two states have entirely identical cannabis regulations. What legalization looks like in the U.S. depends on which jurisdiction you are in, and even within legal states, options afforded to consumers often vary from city to city and county to county.

Evolving Standards For Legalization

What constitutes legalization these days is not as straightforward as it seemed to be not that many years ago. As a longtime cannabis activist in the United States, I remember at the start of the 2010s that simply being able to legally possess and consume cannabis was considered by many to constitute legalization.

Zoom forward to today, and if you ask, ‘what is true cannabis legalization?’ to a group of five cannabis enthusiasts you will probably get twelve different answers. Many cannabis advocates in the United States feel that unless home cultivation is permitted, then true legalization is not achieved. Conversely, many advocates in Europe seem to feel that if national sales are not permitted, then true legalization is not achieved. Often lost in the discussion on both sides of the Atlantic is people recognizing that what is important in a legalization model to one person may not be the same to the next person and that there likely is no ‘right’ answer.

When Thailand implemented its cannabis reform measures last year, many people in the international cannabis community touted it as legalization. That, despite Thailand only legalized low-THC cannabis at a THC threshold that is considerably lower than what is already common in Europe.

Back in September 2018, South Africa’s top court issued a ruling striking down cannabis prohibition as it pertained to personal consumers. At the time, the decision was touted by media outlets around the world as South Africa having ‘legalized cannabis.’ Something similar also happened in Mexico in 2018 and in Italy in 2019 after historic cannabis court decisions were rendered in those countries.

Evolving Cannabis Landscape In Germany

All the examples of legalization in jurisdictions around the world cited in this article provide important context to what is happening in Germany right now, and how the nation’s approach to legalization fits into the bigger picture. That is a vital consideration that must be made by people trying to anticipate where things are headed in the coming years, not only in Germany but also in the rest of Europe.

Europe’s cannabis legalization model is taking shape, and there will seemingly be a heavy reliance going forward on home cultivation, gifting, noncommercial clubs, ‘cannabis light,’ and regional adult-use pilot programs. Whenever national sales arrive for anyone and everyone of legal age within Germany’s borders, whenever that ultimately occurs, the actual leap will likely end up not being nearly as great as it probably seems like it will be right now.

Phase one of German legalization is a really big deal by many measures. Cannabis prohibition is a failed public policy in Germany, and it’s time for a more sensible approach, particularly as it pertains to individual liberties.

Thankfully, the first phase of German legalization is not a final destination, but rather, just one of the multiple stops along the way toward comprehensive national reform. Things are evolving rapidly in Germany right now, and that is already having a butterfly effect on the continent. Make sure to head to Berlin in June to attend the International Cannabis Business Conference and find out the latest and greatest information straight from the international cannabis experts that are on the frontlines of policy and industry.