EU hinders recreational cannabis legalisation in Federal Republic of Germany

Federal Health Minister Karl Lauterbach and Agriculture Minister Cem Özdemir presented revised plans for cannabis legalisation in Berlin on 12 April, which are less far-reaching than the original plans. For example, the planned cannabis specialist shops, where cannabis products can be sold freely, will not exist for the time being. This is to be tested only in a second step and only in some model regions – with scientific support. This was agreed upon by the government after talks with the EU Commission.

As an international organization, the EU is resisting to and slowing down the process of legalizing cannabis in Europe’s largest economic power, disagreeing on the basis of the international definition of narcotic substances, regulated by international conventions and protocols. EU claims regarding European law have recently resulted in the program of cannabis legalization in Europe’s wealthiest nation being tested in isolated geographical regions of FRG areas without simultaneous nationwide prevalence.

At the same time, the EU is pushing the process of legalizing cannabis towards the end of the current four-year coalition government of Germany’s three parties, when after the elections the Green Party and the libertarian party involved in government will have ended their current coalition government. However, the Social Democrats, who are the main party in the current coalition, support the legalization of cannabis.

Lauterbach and Özdemir defended the legalisation plans in principle and reiterated the government’s argumentation that the plan is intended to curb the black market and crime. “No one should have to buy from dealers anymore without knowing what they are getting into,” Özdemir said. Lauterbach spoke of a controlled distribution of cannabis to adults “within clear limits (…) flanked by prevention measures for young people”.

The new key points for the legalisation project that have now been presented are another intermediate step. Within April, a first concrete draft law on the regulation of possession, self-cultivation and clubs – so-called cannabis social clubs – is to be presented. The key points in detail:

Possession of up to 25 grams of cannabis remains exempt from punishment; such a quantity may also be carried in public.
A maximum of three “female flowering plants” are allowed in home cultivation – protected from access by children and adolescents.
“Non-profit” associations with a maximum of 500 members are allowed to collectively cultivate cannabis for recreational purposes and only distribute it to members for personal consumption. The minimum age is 18 years. Clubs must appoint youth protection, addiction and prevention officers and may not advertise themselves. Membership in more than one club is prohibited.
A maximum of 25 grams of cannabis per day and a maximum of 50 grams per month may be distributed per club member. Those under 21 years of age may receive a maximum of 30 grams per month, and an upper limit for the active substance content is to be set for them. The costs are to be covered by the membership fees; if necessary, an additional amount per gram dispensed will be added.
Consumption is not allowed in the clubs’ premises, and the serving of alcohol is also prohibited. In addition, there is a minimum distance for clubs from schools and day-care centres.
In public, consumption is prohibited near schools or day-care centres. Smoking pot in pedestrian zones is not allowed until 8 pm.
Previous convictions for possession or own cultivation of up to 25 grams or a maximum of three plants can be deleted from the Federal Central Register upon application.
Minors caught with cannabis must participate in intervention and prevention programmes.
In a second step, “commercial supply chains” are to be tried out in model projects in districts and cities of several federal states, from production to distribution to the sale of cannabis in specialised shops. The projects are scientifically accompanied, limited to five years and restricted to the inhabitants of these municipalities.
This second pillar of the planned legalisation is, however, “presumably still subject to notification”, as the federal government says. This means that the EU will probably be allowed to have its say, so it is unclear at the moment whether anything will come of it in the end.