Germany’s Federal Cabinet Approves Marijuana Legalization Bill, Sending It To Lawmakers For Enactment

Cannabis wird legal. Ein Wendepunkt in der gescheiterten Drogenpolitik. Bisher steigen Konsum, Kriminalität und der Schwarzmarkt wächst. Oft gibt es toxische Beimengungen. So konnte es einfach nicht weitergehen. Stellt hier Fragen. Am Freitag gebe ich Antworten in „Sprechstunde“ https://t.co/ZhG3NExdsq

— Prof. Karl Lauterbach (@Karl_Lauterbach) August 16, 2023

The draft legislation was revised in several, mostly minor, ways ahead of Wednesday’s vote. For example, it now says that people who receive home-grown marijuana that’s gifted to them cannot immediately consume that cannabis in the home of the person who shared it.

It also says that people are barred from using cannabis at social clubs, or within 250 meters of the facilities—a policy that advocates have described as “nonsensical.”

“Consumption, crime and the black market are growing,” he said. “Often there are toxic additivies. It just couldn’t go on like this.”

„Unsere Politik passen wir mit dem #Cannabis-Gesetz an die Realität an, entkriminalisieren den Cannabiskonsum für Erwachsene und entziehen gleichzeitig dem illegalen Handel den Boden. Danke an @Karl_Lauterbach & @BMG_Bund für die gute Zusammenarbeit!“ – @cem_oezdemirpic.twitter.com/xFKeQyWHmp

— BMEL (@bmel) August 16, 2023

Officials are also planning to introduce a complementary second measure that would establish pilot programs for commercial sales in cities throughout the country. That legislation is expected to be unveiled sometime in the second half of the year after its submitted to the European Commission for review.

The measure as previously described by officials would allow cannabis sales at retailers in select jurisdictions as part of the pilot program that would allow the country to assess further reform over five years. Specifically, officials would study the impact of the shops on consumption trends and the illicit market. Localities would need to opt in to allow the stores to operate.

Several medical and law enforcement associations have voiced opposition to the legalization proposal, but Lauterbach, the health minister, has emphasized that the reform will be coupled with a “major campaign” to educate the public about the risks of using cannabis.

He first shared details about the revised legalization plan in April. The next month, he distributed the legislative text to cabinet officials.

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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.

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

On Wednesday, Bundestag member Kristine Lütke said the latest version of the proposal still needs several changes, including a removal of provisions concerning a THC cap for young adults and those instituting a “strict ban on consumption around cannabis clubs.”

“This is the only way we can create a practical and meaningful law,” she said.

Das #Cannabis-Gesetz kommt – doch es braucht noch weitreichende Änderungen im #Bundestag: 1⃣ KEINE Besitzobergrenze 2⃣ KEIN striktes Konsumverbot um Cannabis-Clubs 3⃣ KEINE THC-Obergrenze für junge Erwachsene Nur damit schaffen wir ein praxistaugliches & sinnvolles Gesetz! 💪

— Kristine Lütke MdB (@kristine_lutke) August 16, 2023

The health minister said in March that German officials had received “very good feedback” from the EU on the prior reform framework.

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 the U.S. and toured California 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.

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