The German Bundestag on Friday, 23.02.2024, passed the Cannabis Act (CanG) with a clear result of 407 votes in favor and 226 against. This decision is the result of a long discussion process on the regulation of cannabis and a public debate on the country's drug policy.
The new regulation of cannabis will allow adults aged 18 and over to purchase, possess and consume a limited amount of cannabis for personal use (25 grams / day, max. 50 grams / month) and to grow collectively up to 3 plants per person.
This decision follows a growing international movement to regulate cannabis, which has been implemented in many countries in recent years. Regulating cannabis has the potential to end the criminalization of millions of people and create new economic opportunities.
The federal government has repeatedly stressed that the legalization of cannabis will be accompanied by strict regulations to ensure that consumption takes place in a safe and responsible environment. Measures such as awareness campaigns, youth protection and combating drug abuse should be at the heart of drug policy.
Sensible regulatory model?
The federal government's original plans envisaged comprehensive regulation of the cannabis market. The initially planned model, which included specialist shops and regulated supply chains, was rejected due to resistance from individual federal states such as Bavaria and after discussions with the EU.
The two-pillar model of cannabis regulation in Germany
The two-pillar model aims to achieve greater safety in the consumption of cannabis and enable a prevention-oriented drug policy.
First Pillar – Self-sufficiency / Associations / Decriminalization
Adults should be able to grow a certain amount of hemp privately or obtain it through a non-profit association (club or cooperative). A maximum of 25 grams of hemp per day and 50 grams per month may be distributed. Distribution to adolescents aged 18 to 21 is limited to 30 grams per month. In addition to the harvested hemp, members may also be given seeds and cuttings produced by the association for their own cultivation. Seeds and cuttings may also be imported from EU countries for personal use. Private cultivation should become legal, but a maximum of three plants should be permitted and the harvest quantity must not exceed 60 grams.
Second Pillar – Regional Model Projects
As part of regional model projects, cannabis is to be available in licensed specialist shops for adults. It is not yet known when the draft of the second pillar will be presented.
Intoxication clause for industrial hemp remains in place
The new law still prohibits the use of industrial hemp. Cannabis flowers with little THC remain illegal because the abuse restriction remains in place, as in the previous drug law. This is incomprehensible from a Swiss perspective. In this country, it is recognized that cannabis with less than 1% THC content does not pose a realistic "risk" of intoxication.
What can Switzerland do better?
Switzerland could take a lead in regulating cannabis compared to Germany by examining cannabis supply chains more closely as part of the THC pilot trials already underway and incorporating them into the planned regulation. The pilot trials can help to understand how the entire supply chain - from production to delivery to the end consumer - can be operated safely and efficiently.
The latest changes to the law are here a DAK Bungalow.
See also: Historic debate in the Bundestag – Is “legalization” in Germany now a reality? – IG Hanf Schweiz