Germany Releases Draft Bill For Cannabis Legalization

Germany continues to inch closer to a new era of cannabis legalization. 

Last week, the country’s ministry of health unveiled a draft bill providing details on new regulations for personal use and cultivation of marijuana. 

It has been a longtime coming for Europe’s largest economy, with German policymakers driving to reform the country’s cannabis laws for the last year.

The release of the draft bill, the ministry of health explained, is one part of a “two-pillar model” to “legalize private cultivation by adults for personal consumption as well as communal, non-commercial cultivation of cannabis in cultivation associations.”

According to Forbes, under the draft bill, “adults aged 18 and above will be allowed to possess up to 25 grams of cannabis for personal use and cultivate a maximum of three plants.”

“However, the consumption of cannabis in the ‘immediate vicinity’ of individuals under 18, within a 200-meter radius of schools, children’s and youth facilities, playgrounds, publicly accessible sports facilities, and pedestrian zones between 7 am and 8 pm, will remain prohibited. It’s important to note that fines and criminal charges will continue to be imposed for specific unlawful activities,” Forbes reported.

In addition, the outlet noted that the “proposed legislation allows an association to accept up to 500 members,” with each “member belonging to the association … eligible to receive either 25 grams per day or 50 grams per month for personal use.” 

In April, following meetings between German leaders and European Union officials, the country signaled that its cannabis reform would be significantly scaled back from the initial aspirations.

The Associated Press reported at the time that the “German government revised the plan following talks with the European Union’s executive commission.”

German Agriculture Minister Cem Özdemir said EU law “sets us limits we must respect, but that I will also say we are pushing,” as quoted by the Associated Press at the time.

“Lauterbach had cautioned all along that the government would only proceed with its original plan if it got the green light from the EU,” according to the AP. “Germany has allowed some patients to get cannabis as a prescription medication since 2017.”

In a primer posted on its website, the German Ministry of Health explained what will happen next in the draft bill’s road to becoming law.

“It is planned to pass the draft law in the federal cabinet during the summer break. The draft law will then be introduced into the parliamentary legislative process and discussed in both the German Bundestag and the Bundesrat in the autumn. The German Bundestag is responsible for the final decision on the law,” the government agency explained. “The law does not require the approval of the Bundesrat. It is scheduled to come into force at the end of 2023. Once the bill comes into force, adults can legally smoke a joint in Germany under the proposed law. Until then, cannabis will remain prohibited.”

The ministry also explained why the German government decided to reform its cannabis laws.

“In the opinion of the federal government, the current drug policy on cannabis use is reaching its limits. Despite the ban on its purchase and possession, cannabis is widely used and use has increased in recent years,” the agency explained. “The consumption of cannabis, which is obtained from the black market, is often associated with an increased health risk, since the THC-The content is unknown and may contain toxic admixtures, impurities and synthetic cannabinoids whose potency cannot be estimated by the consumer. The law aims to contribute to improved health protection, strengthen cannabis-related education and prevention, curb organized drug crime and strengthen child and youth protection. To protect consumers, the quality of consumer cannabis should be controlled and the transfer of contaminated substances should be prevented. Incentives to expand cannabis use should not be created.”

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