The Bundestag discussed the federal government's draft law on the controlled use of cannabis for the first time on Wednesday, October 18, 2023. Proponents of the law emphasize the paradigm shift in drug policy and the economic opportunities that arise from regulating cannabis.[1]
The reason for the federal government's commitment is the realization that previous policies have failed. Consumption figures are increasing, especially among young consumers. There is no protection for minors or quality controls.[2] For adult consumers, however, there is evidence that cannabis does not pose any incalculable danger.[3]
The government coalition's original plans, which envisaged specialist shops and a regulated supply chain, were scrapped due to resistance from individual federal states and after talks with the EU.
The new strategy envisages a two-pillar model.[4] The first pillar (decriminalization and non-commercial cultivation) is planned to be implemented first, and is due to come into force in January 2024. It is not yet known when the draft of the second pillar will be presented.
The current draft, which was passed by the cabinet on August 16, 2023, is now being revised by the Bundestag. The draft includes, among other things, the impractical distance rule, the number of plants for personal use, the ban on consumption in clubs, the limit values in road traffic and the misuse reservation for industrial hemp, which still defines industrial hemp flowers as a possible illegal substance (SIC!).
It is unclear what changes will be made to the law on the first pillar. The "Struck law" applies, according to which no law leaves the Bundestag in the same state as it entered it.
The IG Hanf Schweiz expressly welcomes the efforts to regulate in Germany. The planned social clubs and legal home cultivation can be a good support in the effort to get consumers off the black market. However, this model is not suitable for all types of consumers. Without additional specialised distribution points (specialist shops), a social club model and home cultivation will hardly be able to displace the black market on a large scale. Therefore, the focus must now be on the next steps of regulation.
[1] German Bundestag – Draft law on cannabis legalization debated
[2] https://www.bundesgesundheitsministerium.de/themen/cannabis/faq-cannabisgesetz-entwurf.html
[3] Health risks of consuming cannabis and other drugs (bundestag.de)
[4] Controlled distribution of recreational cannabis to adults – key points of a 2-pillar model (bundesgesundheitsministerium.de)