German Officials Unveil Revised Plan To Legalize Marijuana

Top German health officials have unveiled a revised plan to legalize marijuana nationwide.

German Health Minister Karl Lauterbach and Federal Minister of Food and Agriculture Cem Özdemir released the updated legalization framework on Wednesday, sharing details about the proposal during a press conference.

“The previous cannabis policy has failed,” Lauterbach said. “Now we have to go new ways.”

The new plan seeks to provide for “the controlled delivery of cannabis to adults within clear limits,” he said, adding that “we want to fight the black market [and] we want to push back drug-related crime.”

Wir bringen Legalisierung von #Cannabis Konsum auf den Weg. Die bisherige Drogenpolitik ist gescheitert. Seit 2011 steigen die Delikte, der Jugendschutz versagt weitgehend. Jetzt soll durch Cannabis Clubs ein legaler Konsum mit besserem Jugendschutz kommen https://t.co/1NGyV39fCG

— Prof. Karl Lauterbach (@Karl_Lauterbach) April 12, 2023

Özdemir, for his part, said that “the use of cannabis is a social reality.”

“Decades of prohibition policies have turned a blind eye to this and have primarily caused problems,” he said.

Wir maximieren den Schutz von Jugendlichen UND erlauben eine kontrollierte Abgabe von #Cannabis an Erwachsene, die schützt und nicht bevormundet. Guter Tag für Jugendschutz & Justiz, kein guter Tag für Dealer! @Karl_Lauterbach@MarcoBuschmann

— Cem Özdemir (@cem_oezdemir) April 12, 2023

The plan represents a scaling back of the legalization framework that the government had initially announced last year. While there would be limited sales components, there wouldn’t be a country-wide commercial cannabis market as originally envisioned.

Instead, the government is looking to allow adults to possess up to 25 grams of marijuana and grow up to three flowering plants for personal use, while permitting nonprofit cannabis “clubs” with a maximum of 500 members where growers could distribute products similar to those in Spain and Malta.

Adults over 21 years of age would see a purchase limit of 50 grams a month via the clubs, and sales to adults between 18 and 21 would be limited to a total of 30 grams within a month.

The government’s plan says there would be a limit on THC content, though the specifics are to be clarified later, and there would be a ban on advertising for the associations or for cannabis in general.

On-site consumption would not be allowed at the clubs, though they could distribute up to seven seeds or five cuttings per month to each member to be used in their own home cultivation.

Further, the plan would involve authorizing dispensaries in “certain districts/cities in several federal states” throughout Germany that would be licensed for five years, giving officials an opportunity to study the impact of the shops on consumption trends and the illicit market. The localities would need to opt in to allowing the stores to operate.

The government’s new framework also says that convictions for activity made legal could be “deleted from the federal central register upon application” and that ongoing cases will be dropped.

Minors caught with marijuana will need to participate in “mandatory” intervention and prevention programs.

While the plan says that importing cannabis seeds from other countries to start up grows at the clubs “is being examined,” it also says that “there is a ban on the import or export of recreational cannabis.”

Germany will seek sign-off on that sales aspect of the bill from the European Union (EU). The possession and home grow language would not be subject to the body’s review.

The government said that it is “continuing its efforts (particularly through the missions abroad) to promote its approaches to its European partners” and is also examining how EU member states can press to make relevant international laws “more flexible and developed.”

Formal legislation detailing the government’s previously announced framework was initially set to be released by the end of the first quarter of 2023, but that timeline was extended “due to scheduling reasons” as officials worked to revise it in order to avoid a potential conflict with international laws.

On Wednesday, the ministers suggested a formal bill to carry out the social clubs part of the newly scaled back framework could come later this month, with legalization going into effect sometime “this year.” The draft law for the regional commercial sales pilot programs would come at a later, unspecified date.

BM @Karl_Lauterbach und BM @cem_oezdemir stellen heute die nächsten Schritte zu #Cannabis-Gesetzesplänen vor. "Nun schaffen wir stimmige & pragmatische Cannabis-Politik mit Perspektive. Privater Anbau, Besitz & Konsum werden legal," sagt Özdemir zur Einigung der Bundesregierung. pic.twitter.com/jrNiKi9y4v

— BMEL (@bmel) April 12, 2023

Under the earlier framework that the government had released with the coalition’s backing last year, adults 18 and older could have purchased and possessed 20-30 grams of marijuana at federally licensed stores and possibly pharmacies.

They could have also grown up to three plants for personal use, with rules on enclosing them to prevent youth access.

All ongoing criminal proceedings related to offenses made legal under the reform would have been suspended and closed upon implementation.

Marijuana would have been subject to the country’s sales tax, and the plan called for an additional “special consumption tax.” However, it didn’t specify that number, instead arguing that it should be set at a rate that’s competitive with the illicit market.

#Cannabis | "Wir wollen ein ungelöstes Problem helfen zu lösen", so #Gesundheitsminister@karl_lauterbach. Probleme des #CannabisKonsums sind #BeschaffungsKriminalität und toxische Beimengungen. Außerdem will er dem #Schwarzmarkt die Grundlage entziehen. #Jugendschutz@bmg_bundpic.twitter.com/77DHTld7Aq

— phoenix (@phoenix_de) April 12, 2023

Lawmakers who have pushed the government for far-reaching cannabis legalization policies reacted mostly positively to Wednesday’s announcement, though some did point out areas they’d like to see improved.

Kristine Lütke of the FDP, for example, said the framework “is a great first step” but that it is “too restrictive” with respect to THC limits and edibles, and that there should be more widespread allowance of commercial sales throughout the country.

Das Eckpunktepapier ist ein großer erster Schritt in Richtung #Legalisierung von #Cannabis. Allerdings ist das Konzept zu restriktiv im Hinblick auf: 1⃣ #THC-Obergrenzen 2⃣ #Edibles 3⃣ Wenige Modellregionen Wir als @fdpbt arbeiten weiter an der Legalisierung wie im KoaV!

— Kristine Lütke MdB (@kristine_lutke) April 12, 2023

Kirsten Kappert-Gonther of the Green Party also decried the lack of “a clear commitment to edibles,” noting that they “contribute to harm reduction compared to inhalation.”

Ziel bleibt die umfassende Legalisierung mit dem flächendeckenden Verkauf von Cannabis in lizensierten Fachgeschäften. Ein Jammer, dass nach vorherrschender juristischer Meinung derzeit dafür auf EU-Ebene noch keine Mehrheit besteht. 4/6

— Kirsten Kappert-Gonther (@KirstenKappert) April 12, 2023

Lauterbach said last month that German officials had received “very good feedback” from the EU on the prior reform framework and would be making revisions to the plan before formally introducing a bill in the legislature.

Germany’s Federal Cabinet approved the initial framework for a legalization measure late last year, but the government wanted to get sign-off from the EU to ensure that enacting the reform wouldn’t put them in violation of their international obligations.

The framework was the product of months of review and negotiations within the German administration and the country’s “traffic light” coalition government. Officials took a first step toward legalization last summer, kicking off a series of hearings meant to help inform legislation to end prohibition in the country.

A group of German lawmakers, as well as Narcotics Drugs Commissioner Burkhard Blienert, visited California and toured cannabis businesses last year to inform their country’s approach to legalization.

The visit came about two months after top officials from Germany, Luxembourg, Malta and the Netherlands held a first-of-its-kind meeting to discuss plans and challenges associated with recreational marijuana legalization.

Leaders of the coalition government said in 2021 that they had reached an agreement to end cannabis prohibition and enact regulations for a legal industry, and they first previewed certain details of that plan last year.

A novel international survey that was released last year found majority support for legalization in several key European countries, including Germany.

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Germany’s Government Tweaks Marijuana Legalization Proposal Following Pushback Over Restrictions

New details about the German government’s marijuana legalization proposal have emerged, with officials incorporating feedback after advocates and lawmakers pushed for fewer restrictions that were included in an initial version that was leaked last week.

Federal Health Minister Karl Lauterbach will be presenting the framework to the full Cabinet on Wednesday, The Rheinischer Post reported.

When details of the original version leaked last week, there was quick pushback over certain restrictions that lawmakers and advocates said would complicate efforts to transition consumers to the legal market. At least one key provision related to THC limits for cannabis products was removed in the new document.

The overall 20-30 gram possession limit range remains intact, but the health minister’s 19-page report says that such possession will be legal “regardless of the specific THC content and origin,” according to a translation. The earlier version had stipulated that possession was punishable if the cannabis wasn’t grown and sold within the country’s regulated supply chain.

The report says that officials are still considering whether to impose a maximum THC cap for products sold to adults 18-20.

Exklusiv: Die neuen und in der Ampel abgestimmten Eckpunkte von @Karl_Lauterbach für die #Cannabis-Legalisierung liegen vor und sollen morgen vom Kabinett beschlossen werden. Auf 19 Seiten geht’s u.a. um die zulässige Höchstmenge von 20-30g zum Eigenkonsum. Details bei @rponlinepic.twitter.com/NMVBS2Goe6

— Jan Drebes (@JanDrebes) October 25, 2022

“The cornerstones make essential statements on the introduction of the controlled sale of cannabis to adults for recreational purposes agreed in the coalition agreement,” the paper says. “Extensive measures to improve consumer health protection, child and youth protection, and information, counseling, and prevention services are addressed.”

It further describes rules for personal cultivation. Adults can grow up to three flowering plants for personal use, which is an increase from a two-plant cap in the original framework. Plants would have to be cultivated in a secure enclosure that’s not accessible to children.

The report says there will be penalties for people who grow, possess or acquire more than the allowable amount of cannabis. But it also includes a new detail, with the minister proposing to make it so all ongoing criminal proceedings related to offenses made legal under the reform would be suspended and closed upon implementation.

Cannabis would need to be sold at licensed retailers, and possibly pharmacies, under the minister’s framework. Sales couldn’t take place a store where tobacco or alcohol is also sold.

There would also be a ban on cannabis advertising.

“Dosage forms for smoking, inhalation, for nasal and oral intake in the form of capsules, sprays and drops are permitted,” the paper continues. “An extension to so-called edibles (products other than food that are offered for oral consumption) will be examined at the latest as part of the evaluation of the law.”

According to an earlier version of The Rheinischer Post article, the framework calls for a 0.3 percent THC limit for industrial hemp to align Germany’s definition of the crop with the European Union’s definition. That detail was removed in an edited version of the news story.

Lawmakers who support cannabis reform have been outspoken about their concerns that the health minister’s first version was unduly restrictive. Johannes Vogel, chairman of the FDP party, said that possession limits should be scrapped altogether, pointing out that the government doesn’t restrict how many bottles of wine a person can possess.

Eine Überregulierung des legalen #Cannabis-Markts würde dazu führen, dass Konsumenten weiter auf dem #Schwarzmarkt einkaufen. @johannesvogel macht klar: "#Besitzgrenzen müssen – wenn überhaupt – so geschaffen sein, dass sie ausreichend hoch sind!" ⬇️ https://t.co/alSnceaSlD

— Kristine Lütke MdB (@kristine_lutke) October 24, 2022

“As far as can be foreseen so far, the pressure is working, at least at the absurd upper limit of the THC value,” another lawmaker, Ates Gürpinar, said. “This is now probably out.”

#Cannabis-Eckpunkte 2.0: Soweit das bislang absehbar ist, wirkt der Druck, zumindest bei der absurden Obergrenze des THC-Werts: Diese ist nun wohl raus. Fragen bleiben, zum Beispiel, was den Reformbedarf zur Fahrerlaubnis angeht. Lasst uns dranbleiben, #Weedmob – #LegalizeIt

— Ates Gürpinar (@AtesGuerpinar) October 25, 2022

Both Gürpinar and Vogel have signaled that they want to see further revisions related to driving rules, with Vogel saying that “traffic regulations must be changed so that you can of course drive a car two weeks after smoking a joint—and this is only not allowed when you are in an acute state of intoxication.”

Without removing driving restrictions to exclusively penalize driving while actively impaired, the chairman said the country shouldn’t legalize marijuana at all.

This framework is the product of months of review and negotiations within the administration and the “traffic light” coalition government. German officials took a first step toward legalization in June, kicking off a series of hearings meant to help inform legislation to end prohibition in the country.

Info-Tweet: Morgen um 11:30 Uhr Pressekonferenz mit @Karl_Lauterbach zu den Eckpunkten der Cannabis Legalisierung. #weedmob@spdbt

— Carmen Wegge (@CarmenWegge) October 25, 2022

Under the plan, marijuana would be subject to the country’s sales tax, and it proposed an additional “special consumption tax.” However, it didn’t specify that number, instead arguing that it should be set at a rate that’s competitive with the illicit market.

Because it will be up to the Parliament to pass the reform legislation, it will likely be subject to additional changes as it moves through that process.

One lingering question is whether the European Union (EU) will challenge Germany’s authority to legalize marijuana. Canada and Uruguay have flouted United Nation’s policy by enacting legalization, but this will represent a key test within the EU.

For what it’s worth, Malta is an EU member nation that legalized cannabis late last year.

A group of German lawmakers, as well as Narcotics Drugs Commissioner Burkhard Blienert, recently visited California and toured cannabis businesses to inform their country’s approach to legalization.

The visit came about two months after top officials from Germany, Luxembourg, Malta and the Netherlands held a first-of-its-kind meeting to discuss plans and challenges associated with recreational marijuana legalization.

Leaders of the coalition government said last year that they had reached an agreement to end cannabis prohibition and enact regulations for a legal industry, and they previewed certain details of that plan earlier this year.

A novel international survey that was released in April found majority support for legalization in several key European countries, including Germany.

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German Government’s Marijuana Legalization Plan Leaked, Drawing Criticism From Both Sides Of The Debate

A draft version of the German government’s marijuana legalization proposal was leaked on Wednesday, and it’s drawn early criticism from reform supporters and opponents alike.

The plan from federal Health Minister Karl Lauterbach calls for legalizing sales of up to 20 grams of cannabis for adults 18 and older, with a ban on advertising that promotes consumption.

People could also grow up to two plants for personal use. And there would be a 15 percent THC cap on marijuana products for adults over 21, with THC being restricted to 10 percent for those between 18 and 21.

The draft proposal, first reported by RND, is the product of months of review and negotiations within the administration and so-called “traffic light coalition” government. German officials took a first step toward legalization in June, kicking off a series of hearings meant to help inform legislation to end prohibition in the country.

Despite efforts to strike a balance between consumer freedoms and public health, reform advocates say the plan is excessively restrictive. For example, Kristine Lütke of the Free Democratic Party (FDP) said the THC cap and possession limits will only continue to serve the illicit market.

Eckpunktepapier zur #Cannabis-Legalisierung aus dem @BMG_Bund ist unnötig restriktiv! #THC-Obergrenze, Besitzgrenze von 20g & striktere Regulierung bis 21 Jahren wird Konsumenten auf den #Schwarzmarkt treiben – eine Katastrophe für Jugend-, Gesundheits- & Verbraucherschutz.

— Kristine Lütke MdB (@kristine_lutke) October 19, 2022

Kirsten Kappert-Gonther of the Green party argued that the requirement that marijuana must be domestically produced, rather than imported, will mean that the market won’t be able to meet consumer demand.

Was bisher zu Eckpunkte #Legalisierung#Cannabis bekannt ist, ist zu restriktiv! Für Jugend- und Gesundheitsschutz muss der #legale Markt attraktiver sein als der #Schwarzmarkt. Die #THCObergrenze trägt nicht dazu bei. https://t.co/QUZT2qr3M6

— Kirsten Kappert-Gonther (@KirstenKappert) October 19, 2022

The administration’s legalization paper says that marijuana would be subject to the country’s sales tax, and it proposes an additional excise tax based on THC concentration. However, it doesn’t specify that number, instead arguing that it should be set at a rate that’s competitive with the illicit market.

Der @klausholetschek hat es nicht verstanden! 🤯 Mit der #Cannabis-Legalisierung erreichen wir mehr Jugend-, Gesundheits- & Verbraucherschutz! Das Eckpunktepapier ist eine erste Diskussionsgrundlage – deutliche Nachbesserungen müssen im parlamentarischen Verfahren folgen! https://t.co/O5BUONFKOc

— Kristine Lütke MdB (@kristine_lutke) October 19, 2022

This plan is tentative, with the Health Ministry telling Politico EU that the coalition government hadn’t formally reached an agreement at this stage. The administration previously said that it would be releasing a key issues outline on the reform this fall, with the intent of submitting draft legislation by the end of the year.

Conservative lawmakers have also balked at the draft details.

“It seems that the federal government wants to legalize cannabis as soon as possible and completely forgets about the protection of children and young people,” Simone Borchardt of the center-right Christian Democratic Union party told RND.

“Instead of relying on effective education and prevention, Lauterbach gets lost in a tangle of distance rules and upper and lower limits of THC levels for certain age groups,” Borchardt said.

Both liberal and conservative lawmakers have expressed concern that the administration’s draft proposal would not effectively mitigate the illicit market.

“If cannabis with a limited THC content has to be produced in Germany, then the price will be well above the black market price given the difficult climatic conditions in Germany for cultivation, the high energy prices, our comparatively high tax rates and the expected profit margins of pharmacies,” Stephan Pilsinger of the Christian Social Union said.

Of course, it will be up to the Parliament to pass the reform legislation, so it will likely be subject to changes as it moves through that process based on the initial feedback.

A group of German lawmakers, as well as Narcotics Drugs Commissioner Burkhard Blienert, recently visited California and toured cannabis businesses to inform their country’s approach to legalization.

The visit came about two months after top officials from Germany, Luxembourg, Malta and the Netherlands held a first-of-its-kind meeting to discuss plans and challenges associated with recreational marijuana legalization.

Leaders of the coalition government said last year that they had reached an agreement to end cannabis prohibition and enact regulations for a legal industry, and they previewed certain details of that plan earlier this year.

A novel international survey that was released in April found majority support for legalization in several key European countries, including Germany.

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