Sponsored by

VGoodiez 420EDC
  • Welcome to VaporAsylum! Please take a moment to read our RULES and introduce yourself here.
  • Need help navigating the forum? Find out how to use our features here.
  • Did you know we have lots of smilies for you to use?

Law Germany

momofthegoons

Vapor Accessory Addict
Staff member
Angela Merkel's party mulls legalizing cannabis in Germany
Prominent members of the ruling Christian Democratic Union (CDU) have begun to openly discuss legalizing marijuana in Germany. The move would be a historic policy turn for the
conservative party.

Germany's center-right Christian Democratic Union (CDU) is openly considering a momentous u-turn in the party's attitude to the legalization of cannabis.

"Cannabis could be freed for personal use, of course with controlled production and distribution," CDU interior policy spokesman Marian Wendt told the RND network on Friday. "The resources freed in the police and judiciary should be used to fight the illegal trade."

Wendt's statement came after the German government's drug commissioner, Daniela Ludwig, also signaled a more liberal new drug policy in the conservative party.

Ludwig, of the CDU's Bavarian sister party, the Christian Social Union (CSU), told the Neue Osnabrücker Zeitung newspaper earlier this week, "We need to stop with the ideologically charged black-or-white debates, because we won't get any further."

Instead, the new drug commissioner said the focus of drug policy should be on practicality. "At the end of the day, what is the best way to protect the health of people, especially young people, and which path makes the most sense for the situation in this country?"

German drug czar Daniela Ludwig (privat)
Germany's new drug czar Daniela Ludwig has a more liberal take
Ludwig also said that the party had been "thinking about" legalization "for years." "Of course you don't get addicted from trying it once," she added. "That's exactly why we looked at different projects for controlled distribution."

Change of tack

This struck a markedly different tone to that of her predecessor, Marlene Mortler, also of the CSU, who last year said in a statement, "The constant debate about legalization is heading the wrong way. It suggests to young people especially that cannabis is not a dangerous substance — that is simply not true!"

At the moment, cannabis in Germany is only legal for strict medicinal use. The plant may only be grown, sold, owned, imported or exported with the permission of the Federal Institute for Drugs and Medical Devices. Seriously ill people can be prescribed cannabis-based drugs.

In practice, however, the state usually does not prosecute the possession of 6 grams or less, a limit agreed by state interior ministers last year.

Angela Merkel's party is the last of the major political parties in Germany that maintains a strictly prohibitive drug policy, against legalization policies laid out by the Social Democrats, the Greens, the Free Democrats, and the Left party.

Last year, official government figures said that some 4 million Germans use cannabis, with 17% of 18-25-year-olds saying they had used it in the past 12 months.
 

Germany Rejected Its Recreational Cannabis Bill


The people of New Zealand just voted down a measure to legalize cannabis through a referendum. New Jersey just legalized it recreationally also through its own referendum. Germany didn’t put the question to its people, but last month the government of Germany rejected its recreational cannabis bill.


A little about Germany and cannabis


As per the title, recreational marijuana is not legal in Germany. In fact, possessing it at all can garner a person up to five years in prison according to the German Federal Narcotics Act, though conversely, it’s not technically illegal to use it, since there is no stated law against it. If caught with small amounts, offenders are usually put in a program over anything more serious, at least for first-time offenders. The term ‘small amount’ is not very well defined, though, and can mean anywhere from about 6-15 grams depending on where in Germany the possession takes place. Plus, the amount is judged by quantity and potency over actual weight, meaning the THC content helps define the amount in the end.


Sale and supply crimes are predictably illegal, and offenders can receive up to about five years in prison. This sentence goes up from 1-15 years depending on the circumstances of the case. Cultivation on a personal level is also illegal and garners the same punishment as sale and supply crimes.


Germany rejected recreational cannabis



In terms of CBD, while Germany already had been permitting it, the recent decision of the CJEU (Court of Justice of the European Union) in the case of France vs the EU, makes it that much more clear. EU standard has now been found to trump local member state laws when it comes to the import and export of CBD between member states. As per EU standards, Germany does not allow more than .2% THC in CBD oil preparations.






Technically, the medical use of a cannabis drug has been legal since 1998 in Germany when dronabinol was rescheduled. It wasn’t until 2017, however, that Germany further legalized medicinal cannabis. As of 2017, new legislation opened the door for more disorders and sicknesses to be relevant for treatment.


What about Germany’s market?


The thing about Germany is that it already has one of the biggest cannabis markets in the EU, and even in the world, though right now it’s all a medicinal market. In 2019, for example, Germany was the biggest importer and exporter of cannabis oil in the EU. Though the country can’t compete just yet with the US in terms of imports – the US for 2019 imported approximately $893 million worth of cannabis oil making it the clear leader, Germany did get the #2 spot with $240 million worth of oil imported that year. When it comes to exports, Germany led the EU with about $230 million worth of cannabis oil exports, but that was only 4th place in the world. Topping the export list was China, sitting pretty with just under $1 billion worth of cannabis oil exports that year.


Cannabis oil is only part of it. Most of the legal cannabis world still revolves around dry flowers, and Germany just happens to have a massive cannabis flower market as well. And one that is only looking to grow and expand out more. In July, Germany released data on its medical cannabis imports for the first two quarters of the year. While Q1 showed an increase of 16%, Q2 showed a massive 32% increase, and this at the height of the Coronavirus pandemic measures being taken all over the world. To give an idea of what this means via comparison, in 2018, Germany imported about 3.1 tons of cannabis flowers, this was increased to 6.7 tons in 2019, and it looks like it will go much higher than that by the end of 2020. During this time, Germany had such an issue with supply problems that it requested extra cannabis flowers from the Netherlands to help close the gap. Part of the reason for the need for more medical cannabis is simply the increasing number of Germans receiving it as treatment. As of June 2019, about 60,000 Germans were registered with the medical marijuana program in the country, and that number is sure to be way higher by now.


parliament vote



Up until recently, Canada and the Netherlands were Germany’s two biggest and main suppliers of cannabis flowers. However, more recently, it looks like Germany has received flowers from Uruguay (through a secretive back-door move using Portugal to import), and Spain via Linneo, a Spanish cannabis producer. Canada, however, is still the main importer to Germany, with several new companies opening shop in Germany, or planning new exports to the country. To give an idea of how out-of-whack prices have gotten in Germany, consider that the current retail price of a gram of cannabis is about €20. Then consider that this is a medical price, not even a recreational price.


What’s the deal with recreational?


Everything so far should give some idea of how big Germany’s cannabis market is, and how quickly it’s growing. As the biggest market in the EU, it’s not that surprising that the question of a recreational legalization would come up, since, obviously, Germany is pretty okay with use of the plant. However, this sentiment did not come through as a recreational legalization as last month Germany rejected its recreational cannabis bill.


Germany has six main political parties. The Left (holds 69 seats and is in favor of legalizing), the Social Democratic Party of Germany (about 152 seats, technically in favor of legalization, but voted with coalition partner instead – the Union, which includes the Christian Democrats led by Angela Merkel), the Union (two parties making up 264 seats, against legalization), the Greens (67 seats, and in support of legalization), the Free Democratic Party (holds 80 seats, but did not vote on the measure), and Alternative for Germany (somewhere in the neighborhood of 89-94 seats, and against legalization).


On October 29th, the proposed bill for an adult-use recreational cannabis market in Germany was firmly rejected in parliament, despite having plenty of support from different factions of Germany’s parliament. One of the big reasons for this is the coalition between the Union and the Social Democratic Party of Germany. The Union is itself is a coalition between the Christian Democratic Union of Germany (led by Angela Merkel) and the Christian Social Union in Bavaria. The Social Democratic Party of Germany, which though technically is in favor of cannabis reform, tends to vote with its coalition partner, the Union. Together they hold enough seats that any initiative will fail without at least some of their support. In this way, by having the two parties paired together, Germany rejected its recreational cannabis bill squarely.


recreational marijuana



In a way, the coalition is a strange one. The Union, is known as a center-right party associated with Christian movements. The Social Democratic party is center-left. Technically, the two groups have very different stances, and while they might overlap on some issues, they actually seem quite at odds when it comes to cannabis, making their vote together a bit of a headscratcher. Nevertheless, by being joined together, the Social Democrats voted with the Union making for an unbeatable force.


What’s next for Germany?


In the wake of the fact that Germany rejected its recreational cannabis bill, it’s hard to imagine what the next step will be. Unlike with a country like New Zealand, it was not the people of the country who voted the measure down, but rather, parliament on its own. This means the people of Germany are not necessarily on board with this decision, and that could mean new measures arising in the near future. It is, after all, already one of the biggest cannabis markets in the world. The step to legalization gets smaller and smaller as Germany gets more and more saturated with cannabis. Personally, I expect something will happen very soon that will tip the balance in the other direction.
 


chances are not bad the next german elections could have a positive impact on legalisation efforts in germany. if you can vote in germany this coming weekend, you really should: if the centre-right CDU (main opponent of legalisation) is voted out of government this time, it looks la lot more likely some kind of progress can happen - all other parties likely to form a new government have at least some variation on legalisation efforts / or support of trial projects in their current program.

and if you should feel extra-motivated: der deutsche hanfverband has started a call to write to your local candidates for the bundestag to push interest in this matter across partisan lines - they have pre-formulated letters and a handy search engine to get the contact details of your local representatives. just copy / paste & send. https://hanfverband.de/zeit-fuer-legalisierung

Is cannabis legalization on horizon in Germany? Not so fast, experts say


Canadian cannabis industry executives are paying close attention to Germany’s upcoming election, where pro-cannabis parties are in a good position to unseat the political union that has long opposed any form of recreational legalization.

However, experts are pouring cold water on any expectations of meaningful cannabis reform in the near future, as questions remain over the makeup of the next coalition government and where cannabis law reform would sit on the list of priorities.

The election is Sept. 26.

“If there would be a coalition of pro-cannabis parties, it is unlikely that a recreational cannabis law would be the highest priority,” Nikolaas Faes, Paris-based senior analyst for Bryan, Garnier & Co., wrote in a research note.

“More likely it could well be 2024 before a recreational cannabis law is passed – and coming in effect in 2025 – but in the meantime all the parties concerned, seem to be willing to allow cities to establish model projects.”

Some cannabis industry executives, such as Canada-based Tilray CEO Irwin Simon, have claimed to have “intel” suggesting cannabis could be legalized this year, but experts say there is no chance of that happening.

In the meantime, Germany’s medical market continues to grow.

Faes pegs the medical market there at about 300 million euros ($354 million), making it the second-biggest federally regulated medical market in the world, behind Canada.

Germany is on pace to become the biggest fully legal medical market in the world by next year.

Oliver Zugel, founder and CEO of Bogota, Colombia-based FoliuMed Holdings, told MJBizDaily that most of the political parties in Germany are considering adult-use trials or legalization “in some shape or form.”

But Zugel, who does business in Germany, said the likeliest timeline is for recreational cannabis trials to be launched in major cities by 2026, the end of the next legislative period.

‘Big differences’

Even if Germans elect a majority of Bundestag representatives this month who favor of legalization, that doesn’t mean legalization is guaranteed in the next legislative period, Alfredo Pascual, vice president of investment analysis at Seed Innovations, told MJBizDaily.

Last year, for instance, the German federal parliament rejected a bill to legalize a “strictly controlled” adult-use cannabis market, even though a majority of the Bundestag members belonged to a political party favoring some type of reform.

The latest polls indicate the next Bundestag will likely have about two-thirds of members of parliament representing parties in favor of some type of legalization while the rest will represent parties favoring the status quo.

“The parties that support legalization have big differences among each other,” said Pascual, a former MJBizDaily journalist.

“On some (non-cannabis) topics, they are diametrically opposed. And even when it comes to (cannabis) legalization, it could mean different things to different parties which are in favor of it.”

The key, experts say, is the composition of the coalition government that will be formed after the election results are known.

And that is where most of the uncertainty lies.

“As of now, there are several possible and realistic combinations of parties that could form the next government coalition representing at least 50% of the votes. The majority of these possible combinations would include CDU/CSU, a political force which largely opposes legalization,” Pascual said.

“If the future government coalition includes CDU/CSU, the chances of legalization will largely depend on whether CDU/CSU will have a leading role in that coalition and if and how strong the other coalition parties will negotiate with CDU/CSU on this issue.

“It could be that cannabis isn’t a priority for anyone, as other topics such as climate change have much more importance in the public debate.”

If Germany does pursue legalization, the smart money is on a limited “trial” being rolled out, rather than a Canadian-style system of legalizing marijuana in one shot.

But that could push a fully regulated marijuana market 5-10 years out – or more.

Pascual said a trial is more likely because:

  • There’s much less political risk in doing a limited trial and calling it a scientific experiment than doing full legalization all at once.
  • Similar pilot experiments have already been approved and are starting in neighboring Netherlands and Switzerland, which makes it more palatable for Germans.
  • The parties that support legalization in Germany disagree on how to do it.
  • The party currently leading in the polls, SPD, favors municipal adult-use cannabis experiments but hasn’t shown much support for a fully legalized market right away.
“In the meantime, all the parties concerned seem to be willing to allow cities to establish model projects,” said Faes of Bryan, Garnier & Co.

The ruling CDU/CSU union platform says it “rejects the legalization of illegal drugs.”

However, some senior party members like Erwin Rüddel are among those who have softened their stance, leaving the door open to a potential compromise over a pilot program for regulated marijuana sales.

Switzerland example

If Germany does pursue a pilot recreational cannabis program, it need look no further than Switzerland, where adult-use cannabis experiments are set to get underway next year in some cities, including Zurich.

Switzerland is embarking on a experiment allowing for a fully regulated adult-use cannabis supply chain.

Gavin George, director of research and intellectual property at Switzerland-based genetics breeding company Puregene AG, said Switzerland’s trial system could be a useful model to follow for other European nations considering cannabis law reform.

“We think that Switzerland has taken a very pragmatic approach. The problem with the cannabis industry is there is so much information out there, and very little of it is produced scientifically,” he said in a phone interview.

“The Swiss government is taking a good approach in trying to involve companies that are here locally, will be supplying the market and generating data.”

“We’re running at a million miles an hour to make sure that we’re there and the market is rolled out correctly. We want it to be sustainable, but we also want it to be safe.”
 
Last edited by a moderator:
yay!
i have not yet found an english site covering this, i think this literally just made the news in the last hour, but it looks like we are indeed going to legalise!
!!


edit:
yay may be a little premature as legislation will still have to pass both houses of parliament, and the conservatives, while no longer in government, still hold a majority in the bundesrat. timing and public opinion (hovering around 50/50 atm i think) will be critical

here is an english sum up from marijuanamoment.net (?)

germany-marijuana.jpg



Party leaders in Germany’s incoming government coalition have reached an agreement to legalize marijuana nationwide.
The legalization legislation is expected to be introduced during the upcoming legislative session. It will also provide broader drug harm reduction services and restrict advertising of tobacco and alcohol, along with cannabis.
As it stands, personal possession of marijuana is decriminalized in Germany, and there is a medical cannabis program in place. But this forthcoming proposal would seek to establish a regulated market for adult-use marijuana.


The governing coalition—comprised of the Social Democratic Party of Germany (SPD), the Free Democratic Party (FDP) and the Greens—said that it will be “introducing the controlled distribution of cannabis to adults for recreational purposes in licensed shops,” according to a translation of a multi-party working group report first noted by Funke Media and circulated by Der Spiegel.
The so-called “traffic light coalition” is making the case that regulating marijuana sales will help drive out the illicit market. That will be revisited four years post-implementation, when a review of the social impact of the reform will be required.
And while the lawmakers emphasized that the objective of the reform is not to boost tax revenue for the country, FDP said in its election manifesto that taxing cannabis like cigarettes could generate €1 billion annually.


The new report, which was agreed to by the coalition’s working group on health and care, also discusses how the legislation would promote harm reduction, in part by allowing drug-checking services where people could have illicit substances tested for contaminants and other harmful products.
There will also be provisions related to advertising, with the intent being to restrict the promotion of marijuana, tobacco and alcohol to deter youth use, Der Spiegel reported.
“We measure regulations again and again against new scientific findings and align measures for health protection,” the report states.
Bloomberg noted earlier this month that the parties were nearing a deal on the issue.
This reform has been a long time coming in Germany. It was 2017 when members of the Christian Democratic Union and its ally the Christian Social Union entered into talks with Free Democrats and Greens about advancing legalization.
Police unions in Germany have come out against plans to legalize marijuana.
In neighboring Luxembourg, the ministers of justice and homeland security last month unveiled a legalization proposal, which will still require a vote in the Parliament but is expected to pass. For now, the country is focusing on legalization within a home setting. Parliament is expected to vote on the proposal in early 2022, and the ruling parties are friendly to the reform.
If either Germany or Luxembourg moves ahead and enacts the reform, they would be the first in Europe to do so. Canada and Uruguay have already legalized recreational cannabis.
In North America, meanwhile, the U.S. House Judiciary Committee approved a bill in September to legalize marijuana and promote social equity. Senate leadership is also finalizing a comprehensive reform proposal. Several Republican members of Congress introduced a bill on Monday to federally legalize and tax marijuana.
In Mexico, the legislature expected to vote on a bill to regulate cannabis within weeks, a top senator recently said. That comes after the Supreme Court invalidated prohibition on constitutional grounds.
 
Last edited:
i have not yet found an english site covering this, i think this literally just made the news in the last hour, but it looks like we are indeed going to legalise!
!!
Here you go! Congratulations! :smile:

Germany Set To Legalize Marijuana Nationwide After Major Parties Reach Agreement


Party leaders in Germany’s incoming government coalition have reached an agreement to legalize marijuana nationwide.

The legalization legislation is expected to be introduced during the upcoming legislative session. It will also provide broader drug harm reduction services and restrict advertising of tobacco and alcohol, along with cannabis.

As it stands, personal possession of marijuana is decriminalized in Germany, and there is a medical cannabis program in place. But this forthcoming proposal would seek to establish a regulated market for adult-use marijuana.



The governing coalition—comprised of the Social Democratic Party of Germany (SPD), the Free Democratic Party (FDP) and the Greens—said that it will be “introducing the controlled distribution of cannabis to adults for recreational purposes in licensed shops,” according to a translation of a multi-party working group report first noted by Funke Media and circulated by Der Spiegel.

The so-called “traffic light coalition” is making the case that regulating marijuana sales will help drive out the illicit market. That will be revisited four years post-implementation, when a review of the social impact of the reform will be required.

And while the lawmakers emphasized that the objective of the reform is not to boost tax revenue for the country, FDP said in its election manifesto that taxing cannabis like cigarettes could generate €1 billion annually.



The new report, which was agreed to by the coalition’s working group on health and care, also discusses how the legislation would promote harm reduction, in part by allowing drug-checking services where people could have illicit substances tested for contaminants and other harmful products.

There will also be provisions related to advertising, with the intent being to restrict the promotion of marijuana, tobacco and alcohol to deter youth use, Der Spiegel reported.

“We measure regulations again and again against new scientific findings and align measures for health protection,” the report states.

Bloomberg noted earlier this month that the parties were nearing a deal on the issue.

This reform has been a long time coming in Germany. It was 2017 when members of the Christian Democratic Union and its ally the Christian Social Union entered into talks with Free Democrats and Greens about advancing legalization.

Police unions in Germany have come out against plans to legalize marijuana.

In neighboring Luxembourg, the ministers of justice and homeland security last month unveiled a legalization proposal, which will still require a vote in the Parliament but is expected to pass. For now, the country is focusing on legalization within a home setting. Parliament is expected to vote on the proposal in early 2022, and the ruling parties are friendly to the reform.

If either Germany or Luxembourg moves ahead and enacts the reform, they would be the first in Europe to do so. Canada and Uruguay have already legalized recreational cannabis.

In North America, meanwhile, the U.S. House Judiciary Committee approved a bill in September to legalize marijuana and promote social equity. Senate leadership is also finalizing a comprehensive reform proposal. Several Republican members of Congress introduced a bill on Monday to federally legalize and tax marijuana.

In Mexico, the legislature expected to vote on a bill to regulate cannabis within weeks, a top senator recently said. That comes after the Supreme Court invalidated prohibition on constitutional grounds.
 
i should add that this news is now regarded as a leak, & not official yet. the coalition contract is due to be published sometime next week, and hopefully it will contain what is outlined above. nothing has yet been said regarding the cultivation of plants for personal use - and i really hope this will be included.

but once all this would be made into legislation and passed in the bundestag (our first house of parliament), it will likely still need approval of the bundesrat (second house of parliament, representatives of the federal states), which could be difficult with the current distribution of power there. timing will be important, as we have a lot of elections for the federal states coming up, and if, hopefully, the conservatives loose enough representation in the bundesrat, this could and should all work out. fingers crossed. for the next couple years i guess.
 

Germany to legalize recreational cannabis sales, incoming coalition pledges​


By Matt Lamers, International Editor
November 24, 2021
SHARE
Image of Reichstag building in Berlin.

The three parties expected to form the next government in Germany have agreed to regulate the distribution and sale of recreational cannabis, according to a coalition agreement released Wednesday.
Europe’s largest economy taking a step toward marijuana legalization and regulation is being viewed as a significant achievement by social groups that have long advocated for an end to cannabis prohibition.
Businesses also are hoping to profit from sales of the drug under the watchful eye of government regulators.
However, the document contained little in the way of detail.
“We are introducing the controlled distribution of cannabis to adults for consumption purposes in licensed shops. This controls the quality, prevents the transfer of contaminated substances and guarantees the protection of minors,” according to a small section on “Drug Policy” that is part of the 177-page agreement.
It’s unclear where cannabis reform ranks among the coalition’s long list of promises.
The parties also have said they plan to review the law after four years to weigh its social impact.
The three-party coalition is poised to take power from the current conservative government as early as December, also pending ratification of the agreement.
‘Almost no details’
Alfredo Pascual, vice president of investment analysis at Seed Innovations, told MJBizDaily that the agreement is confirmation the incoming government intends to legalize adult-use cannabis.
“But the timeline until a recreational market will be established is largely unpredictable at the moment,” Pascual said.
“With almost no details provided in the coalition agreement document, ‘legalization’ could end up meaning many different things.”
Grow better: MJBizDaily Greenhouse Components Buyers Guide
Maximize your output and quality with the right equipment. Curated by the editors of MJBizDaily, our new, free Greenhouse Components Buyers Guide helps you choose wisely and covers irrigation, automation and ROI.
Inside:
  • Cannabis greenhouse buyers checklist
    Keep track of everything you need.
  • Pros and cons of common benching systems
    Help weigh out the best choice for your greenhouse benching system with this overview.
  • Cannabis greenhouse Glossary of Terms
    What is evaportranspiration? Download the guide to find out and learn more technical jargon unique to greenhouse and the cannabis industry.


Get the Guide

Pascual noted that an actual legalization bill still needs to be drafted and approved.
Any law and regulations, yet to be drafted, would carve out an addressable adult-use marijuana market for businesses.
Final approval could face resistance by the Bundesrat, which represents the nation’s 16 federated states at the federal level.
The Bundesrat, the second legislative chamber that acts as counterweight to the Bundestag federal parliament, will continue to be controlled by the conservative party of outgoing Chancellor Angela Merkel for at least the next year or two, “maybe longer depending on future local elections results,” said Pascual, a former MJBizDaily journalist.
“There are also international implications, possibly challenges, at the EU and U.N. level that incoming policymakers will have to consider when they go through the actual legalization process.”
The European Union reference is to the Council Framework Decision 2004/757/JHA, and the United Nations reference is to the 1961 Single Convention on Narcotic Drugs.
The agreement between the three parties is available here (in German).
Luxembourg update
Also Wednesday, neighboring Luxembourg released more details about its upcoming cannabis legalization and decriminalization.
Luxembourg has backpaddled on its earlier pledge to establish a regulated market for the sale of adult-use cannabis.
The latest plan will permit the cultivation of up to four plants per household, but sales will not be allowed.
The small country also plans to give a mandate to the Ministry of Justice to prepare a draft bill, in cooperation with five other ministries and judicial authorities.
Possession in public will be allowed so long as it doesn’t exceed 3 grams, per the proposed rules, but consumption in public will not be permitted.
That might portend a heavily bureaucratic system that leaves almost no room for profit by private enterprise.
Luxembourg’s latest announcement is available here.
 

It’s Official: New Ruling German Coalition to Legalize Recreational Cannabis Use

The news has been rumbling for a week after a German language magazine first reported the news. Now it is official. Germany will be legalizing recreational use cannabis as early as 2022.

Even the most die-hard “medical only” German voices within the cannabis industry have been posting the news all over their social media including LinkedIn for the past week, even before the news was official. But as of Wednesday, that has changed, officially. The new so-called “Traffic Light Coalition” will indeed be legalizing recreational use cannabis with a bill to do so introduced in the German Bundestag next year.

For those who have fought for the same, in the trenches, for years if not decades, it is an exciting moment. It is also electrifying the industry, which now has over 100 medical cannabis specialty distribution licenses, a growing patient base (estimated 100,000 at this point), and a topic that just will not quit. Particularly as the Swiss (in part, a German language country) are doing the same thing. This is particularly momentous given the timing. Germany might even beat Luxembourg into the recreational discussion within the European Union.

That said, no matter how exciting, the devil, as always, is in the details. How much, what exactly, and how it will be implemented is all still up in the air. Cannabis is still not actually decriminalized, and there are all sorts of strange pieces of case law and to be changed statutes still very much in the room.


What Is Known So Far​

The reason this is such a big deal is that the announcement comes as the three parties who won the most votes in the federal election in September have sealed the deal to work together with a common plank that includes cannabis reform (along with phasing out coal by 2030 while also having at least 15 million electric cars on the road). After that, it is just a matter of crafting the legislation and introducing it into the German parliament. Unlike the U.S., where there have been multiple, unsuccessful attempts to pass a federal legalization bill, this one is almost guaranteed to pass. The Germans are funny like that.

Here is what is actually official. In a statement released by the SDP, Greens and FDP, this is what the coalition plans to do. “We are introducing the controlled supply of cannabis to adults for consumption in licensed stores. This controls the quality [of marijuana], prevents the transfer of contaminated substances and guarantees the protection of minors.”

The government will review the experiment in four years to determine the impact (including economically and socially). That said, there is little chance such a forward step would be rolled back.

Issues And Problems Along the Way​

It is not like this is going to be smooth sailing. There are a few major issues to address. Chief among those is how to amend the country’s federal narcotics law. Cannabis, including CBD, is considered a narcotic. This is already out of step with EU policy on the same (with a pending lawsuit to change that). Regardless, add THC to the mix, and there is going to be some fancy footwork and legal eagling to make the change happen not only in the new legislation, but that which governs and regulates the medical variety.

German Impact​

There is little doubt that Germany’s move to recreational cannabis will forward the debate across Europe—and potentially in the same timeframe as it has impacted the medical conversation. Just four years ago, the concept of using medical cannabis even for pain relief was a very strange, often socially unacceptable topic. Today, there are about 100,000 German patients.

The Germans may not have arrived yet, but they are certainly on the way.


This is absolutely a Colorado if not Canadian tipping point. However, it may also be one that is not just about Germany, or even Europe, but an international and global one.

Coming as it is on the international news of Mexico implementing recreational reform by year’s end and Italians potentially having the ability to vote on legalizing personal possession and home grow as of next spring, not to mention both Luxembourg and Switzerland definitely moving ahead with their own recreational markets, it is clear that full and final cannabis reform is now a mainstream topic and goal on a federal level of many countries.

This will also, undoubtedly spur on the debate in the U.S. If Germany can do this, less than four years after federal legalization of its medical market, what is the U.S. waiting for? Or for that matter China? In the latter case, with a corporate real estate market melting down, perhaps finally, and on a global scale, cannabis will be considered a great if not green and global investment.

In the meantime, the last days of Prohibition have clearly arrived and on a global level.
 

Berlin Public Transit Is Selling Edible, Hemp-Infused Tickets To Help Riders To Relax This Holiday


Berlin’s public transit authority is hoping to take the stress out of holiday travel with promotional hemp-infused tickets that riders can eat.

The cannabis publicity stunt doesn’t have anything to do with the fact that the newly sworn-in German coalition government has separately committed to legalizing marijuana nationwide. And the tickets are infused with hemp oil from seeds, so they don’t actually contain intoxicating cannabinoids like THC.

But it’s nonetheless a playful example of the continued normalization of cannabis internationally as attitudes shift and policies change.



An ad for the promotion features a bus driver walking through a field of hemp and then hanging the harvested crops to dry in the BVG “Cannabus.”

The spot also shows riders nibbling on the cannabis ticket, which are being sold for €8.80 and are valid for 24 hours.

Screen-Shot-2021-12-16-at-9.37.45-AM-1536x865.png


(Note: a spokesperson for the transit told Reuters that passengers are advised to “only nibble on it or eat it after your journey, as if it has a bite out of it, it is no longer valid).

The ad goes on to depict a person levitating in meditative bliss in the middle of a subway car, even as a disclaimer notes on the screen that the tickets don’t even contain CBD, much less THC.

BVG also talks about the stress of the holidays and jokes that they’ve “found a good remedy,” according to a translation.

“The hemp oil obtained from the seeds of the cannabis plant is said to have a relaxing effect,” it says. “And in contrast to the intoxicating active ingredient THC, it is completely harmless. And the stuff—this is not just really good, but also completely legal.”

“That’s why there is now a ticket made of edible paper amid all the Christmas stress that you can swallow all your anger with,” it says. “The hemp ticket: the ticket which not only brings you home, but maybe also brings you down a bit.”

The transit authority has developed a reputation for cheeky promotions like this, but this latest bit comes in the shadow of real marijuana reform that’s set to advance in Germany.

The leaders of Germany’s incoming governing parties announced last month, prior to being sworn in, that they have a formal agreement to legalize marijuana and promote broader drug policy harm reduction measures.

As it stands, personal possession of marijuana is decriminalized in Germany, and there is a medical cannabis program in place. But the coalition’s proposal seeks to establish a regulated market for adult-use marijuana.

This reform has been a long time coming in Germany. It was 2017 when members of the Christian Democratic Union and its ally the Christian Social Union entered into talks with Free Democrats and Greens about advancing legalization.

In neighboring Luxembourg, the ministers of justice and homeland security unveiled a legalization proposal in October. It will still require a vote in the Parliament, but it’s expected to pass. For now, the country is focusing on legalization within a home setting. Parliament is expected to vote on the proposal in early 2022, and the ruling parties are friendly to the reform.

Meanwhile, Malta’s Parliament voted this week to legalize marijuana, setting up the country as the first in Europe to enact the reform. The president is expected to sign the legislation within days.

BVG made clear that it’s not endorsing the German government’s legalization proposal, despite leaning into cannabis culture.

“We are against any kind of drug use—whether illegal or legal,” the company said. “We are for a more open approach to completely harmless substances. Hemp oil is in principle just as harmless as sunflower, pumpkin seed or olive oil.”
 

In Germany, big questions on recreational cannabis legalization still unanswered​


By Matt Lamers, International Editor
Image of a German dispensary

A cannabis dispensary in Bad Reichenhall, Germany.
Germany is forging ahead with plans to establish Europe’s first national recreational cannabis market, but details about the rules that will govern the industry remain scarce.
That has made it more difficult for cannabis industry executives to gauge the potential sales opportunities in Germany.
Once it does launch, will Germany’s billion-euro recreational cannabis market be in the low single digits, the double digits or somewhere in between?
That depends, in part, on answers to these and other questions:
  • When will edibles and vapes be allowed? Years down the road, right off the bat or never?
  • Where will cannabis be sold, how will it be taxed and how many sales outlets will open in the early years?
  • How much will regulatory restrictions, such as capping THC, impair the legal market?
  • If sales start only in pharmacies, how will that retail experience for consumers impact sales?
  • Will marijuana be produced in Germany? So far, no country allows the import/export of recreational cannabis. Will Germany be the first?
Germany’s Ministry of Health is conducting hearings to address some of those issues.
A draft law is expected to be published this year.
Beyond that, much is unknown.
Constantin von der Groeben, managing director of Berlin-based cannabis company Demecan, said the size of any legal marijuana market in Europe’s largest economy will be difficult to assess until regulatory details are ironed out.
“What is clear. however, is there is a market that already exists and has a meaningful size, which we know from the anti-drug reports,” he said of Germany’s medical cannabis market.
Some CEOs are taking a prudent approach before incorporating potential sales into revenue projections.
“My hope is that the government will take the time needed to get this right, as pushing out a botched regulation is a massive risk to public health and Germany’s reputation as a front-runner on adult-use in Europe,” Oliver Zugel, founder and CEO of Bogota, Colombia-based FoliuMed Holdings, told MJBizDaily.
“Truth is that apart from electoral considerations and misguided industry pressure, there isn’t a real reason to rush this. And it’s better to take small steps which can be corrected later than trying to solve the whole puzzle in one go.”
With so much still up in the air, MJBizDaily asked executives about the pending German marijuana market.
Many countries have talked about legalizing cannabis in some form, but it almost never happens “on schedule” or on time. What are your expectations for Germany?
Demecan’s von der Groeben: “Originally, we anticipated a draft bill only in 2023. But in the last few weeks it seems that the government wants to use the summer break and the second half of 2022 to actually get at least a first draft done. Ideally, we would then see an approval of the new law in 2023.”
Niklas Kouparanis, CEO and co-founder, Frankfurt-based Bloomwell Group: “German minister of health, Karl Lauterbach, announced that the draft of the country’s legal adult-use cannabis laws will be completed this year, and drug commissioner, Burkhard Blienert, plans to consult with industry experts to help draft the law.
“This is a clear signal to the market and investors that the government is very serious about legalizing adult-use cannabis in Germany. However, in terms of the timeline, I assume that we will have the legal adult-use market not before Q4 2023 or the beginning of 2024. But what is most important during this process is attention to detail.
“Precision, rather than speed, will help ensure a successful and sustainable market that also includes quality-control measures and regulations to ensure the protection of minors.”
When Germany legalizes cannabis, how do you think it will navigate the United Nations’ Single Convention on Narcotic Drugs (1961) and other international treaty obligations?
Demecan’s von der Groeben: “This is one of the bigger questions to answer. Currently, I think Germany will have to breach the convention at least for some time. This will probably mean that all recreational cannabis must come from within Germany as imports will be restricted.”
Bloomwell’s Kouparanis: “Germany is known for its commitment to regulations and bureaucratic processes, so we may leave and then reenter the U.N. single convention during our process to legalize adult-use cannabis.
“As an alternative, I could also imagine that we follow the ‘Canadian-way’ – ignoring the Single Convention’s prohibition of cannabis.”
How would you like to see Germany regulate sales – at privately owned stores, government-owned stores and wholesalers or in pharmacies?
David Henn, CEO, Cologne-based Cannamedical: “We believe that the most efficient path for a successful legalization is a ‘pharmacy-plus’ model, which has a track record and experience in handling, storing and distributing the products.”
Bloomwell’s Kouparanis: “The overall aim of the government is to guarantee protection of minors, product safety and education by pushing back the illicit market. Therefore, we need a nationwide sales infrastructure. This will not be achieved if we only choose already existing pharmacies; we will definitely need privately owned dispensaries.
“Beyond that, we should also allow e-commerce and online distribution, as all relevant processes to protect minors and educate consumers can be run online. If we don’t allow online sales, we will just push the illicit market to the periphery. Another important lesson learned from Canada: We should not limit the number of dispensaries.
“Also, we should standardize regulations across the country and not have different rules throughout Germany’s 16 states (as is the case in Canada’s 13 jurisdictions).”

Expert advice for a stronger shelf life

Learn the fundamentals for getting started in cannabis retail in this comprehensive guide curated by the editors at MJBizDaily with help from industry experts.

Inside the MJBizDaily Retail Buyers Guide:

  • Learn best practices for designing a cannabis dispensary.
  • Select display infrastructure that supports industry compliance.
  • Choose the right point-of-sale system for your operation.
  • How to incorporate e-commerce and home delivery.
  • And more!


Get the Guide

Most cannabis businesses, and even analysts, use the wrong definition for “addressable market.” How do you define addressable market?
Demecan’s von der Groeben: “Until we know the details of the regulation of the recreational cannabis market, it is difficult to assess its size. What is clear, however, is that it is a market that already exists and that has a meaningful size, which we know from the anti-drug reports.
“We could therefore start with an estimated number of consumers in the current illicit market and then estimate how many of these consumers would transfer to the legitimate market.”
Germany won’t be able to import recreational cannabis because of international treaty obligations, correct?
FoliuMed’s Zugel: “I think that’s a big assumption you are making here (on imports not being allowed), and I don’t think it will play out this way.
“Even if this was economically viable and technically feasible – which we think it isn’t – how would a government justify to Green Party voters that electricity consumption will increase by 1%-3% as a result of hundreds of indoor cultivators in the middle of the country’s most pronounced energy crisis?”
Bloomwell’s Kouparanis: “A stable supply is crucial to push back the illicit market. Our economic scientist, Justus Haucap, has estimated a demand of 400 tonnes (annually) once the adult-use market comes online.
“I don’t think that this demand will completely be covered by domestic cultivation. And, who knows, maybe our drug commissioner, Burkhard Blienert, finds a way to make imports possible even within the single convention.
How do you see the future of Germany’s medical cannabis industry? Germany is currently the second-biggest federally regulated medical market, after Canada.
Demecan’s von der Groeben: “I have no doubt that it will become No. 1. We see a constant rise, and more and more health care practitioners are convinced by the positive effects of cannabis. We are now curious to see if, and to what extent, the market will move away from cannabis flower to cannabis extracts or even further licensed cannabis drugs.”
Bloomwell’s Kouparanis: “To make use of the full potential of medical cannabis (in Germany), two things need to change: First, public insurers should no longer have the final word regarding whether they will reimburse medical cannabis for a patient. This decision should only be made by doctors. Secondly, we need more doctors with expertise about our endocannabinoid system.”
The hype in this industry rarely matches what actually happens. In your view, what is a reasonable time frame for other large European countries to fully legalize and regulate the production and sale of recreational cannabis?
Demecan’s von der Groeben: “My guess is that other large EU countries, such as France, Italy or Spain, will follow in Germany’s footsteps.
“Therefore, I expect Germany to legalize recreational cannabis by 2023, and then, a few years later, we will see other countries follow.
“And smaller EU countries might even be faster, such as Poland or Czech Republic.”
These interviews were edited for length and clarity.
Matt Lamers can be reached at matt.lamers@mjbizdaily.com.
 

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.



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.



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.



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.
 
with THC being restricted to 10 percent for those between 18 and 21.
Well thats a new way of doing it...
2 problems is see...
First, we all know its not just about thc content.. best weed i got in colorado was only like 17 or something.. better than the 28%..

Second problem.. ok im 18.. i go buy my allowed 20 grams.. i can put this all in cake and get smashed still.. or i can squish it to make concentrated... its no longer 10%..

It just doesnt work does it..
 

Germany Will Move Forward With Marijuana Legalization After Receiving ‘Very Good Feedback’ From EU, Top Official Says


A top German official says that the nation’s coalition government will move forward with plans to introduce a marijuana legalization bill, albeit with certain changes, after receiving “very good feedback” from the European Union (EU).

Health Minister Karl Lauterbach said on Tuesday that a revised legalization proposal would be brought to the legislature “in the next few weeks,” according to a translation.

Germany’s Federal Cabinet approved an 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.



Officials with the European Commission affirmed that the country could take the step, Lauterbach said. However, he added that some changes would be made to the government’s initial plan. He didn’t specify what those revisions would look like, but said it will “take into account European regulations and what should or should not be notified.”

The coalition government will seek to “comply with European legislation while maintaining their own objectives,” the health minister said. The primary objectives will be “reducing crime and to make cannabis use as safe as possible,” EuropaPress reported.

Meanwhile, a separate marijuana legalization bill from progressive German lawmakers is set to receive a public hearing in the Bundestag Health Committee on Wednesday. The sponsors said the legislation is necessary to expedite the end of prohibition.

However, the expectation is that the body will reject the alternative proposal in the interest of waiting to see what the government ultimately puts forward.

While EU has evidently backed the basic idea of legalizing marijuana nationwide in Germany, the United Nations (UN) has made clear that member nations cannot go further than medical cannabis or simple decriminalization under a 1961 treaty to which countries like Germany and the U.S. are a party.

UN’s International Narcotics Control Board (INCB) recently released an annual report that took the position further by suggesting that the U.S. federal government is violating the treaty by declining to enforce prohibition at the state-level, saying that the federalist system prescribed under the Constitution does not excuse the country from its treaty obligations.

In Germany, the government’s soon-to-be-revised proposal—which is currently in the form of a 12-page framework and not actual legislation—would allow adults 18 and older to buy and possess 20-30 grams of marijuana at federally licensed stores and possibly pharmacies.

They could also grow 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 be suspended and closed upon implementation.

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

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 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 in April found majority support for legalization in several key European countries, including Germany.
 

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.”



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.



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.



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.



Lawmakers who have pushed the government for far-reaching cannabis legalization policiesreacted 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.



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.”



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.
 

German Officials Circulate Draft Bill For First Part Of Marijuana Legalization Plan Among Cabinet Members


A top Germany health official has submitted a draft bill to legalize marijuana possession, cultivation and social clubs—the first of a two-part reform framework—to government cabinet officials.

Health Minister Karl Lauterbach shared details about the legalization plan last month, and on Friday he distributed the legislative text to cabinet officials to consider before finalizing the bill and sending it to lawmakers.

“Promise kept. Comments welcome,” Lauterbach said in response to news coverage about the latest development, according to a translation.



While the draft legislation is not yet publicly available, sources confirmed to RND that the proposal would allow adults to possess up to 25 grams of marijuana and grow up to three plants for personal use. It would also permit cannabis social clubs where growers could distribute cannabis products similar to those in Spain and Malta.

Lauterbach said last month that 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.

Under the framework, 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.

While German officials have apparently backed off original plans to establish a national commercial marijuana market, the expectation is there will eventually be a second, complementary framework to allow cannabis sales at retailers in select jurisdictions as part of a 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.

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.

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 policiesreacted mostly positively to last month’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.

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.”

Lauterbach, the health minister, said in March 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.
 

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


Germany’s federal cabinet has approved a draft marijuana legalization bill, sending the first part of the government’s cannabis reform plan to the country’s legislature for consideration.

Members of the cabinet voted in favor of advancing the legislation, spearheaded by Health Minister Karl Lauterbach, after discussing the measure at a meeting on Wednesday.

The proposal, which was unveiled last month , would allow adults to legally possess cannabis and cultivate a maximum of three plants for personal use. It would also create social clubs that could distribute marijuana to members, with purchase limits for people over the age of 21 of 25 grams of cannabis per day—up to a total of 50 grams per month—and a lower 30 grams per month limit for those between the ages of 18 and 21.

Those facilities could not be located within 200 meters of a school, and each given city or district could only have one club for every 6,000 residents, and there would be a limit of 500 members per club. A social club permit would be valid for up to seven years, with the possibility of receiving an extension after five years. Membership to the clubs would have to last at least two months under the draft bill.


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.”


Lauterbach said that the proposal represents a “turning point in the failed drug policy.”

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

Agriculture Minister Cem Özdemir also touted the plan, saying that “cannabis legalization is coming” and saying it stands for “cannabis clubs instead of drug clans, for legal self-cultivation instead of overtime for the police.”


“I am looking forward to the parliamentary deliberations in autumn,” he said .


The cabinet-approved bill now heads to the Bundestag, the country’s national legislature, where lawmakers will officially decide on enacting the reform.


A summary of the legislation also outlines estimates of the costs of implementing and regulating the program, as well as savings from reduced enforcement and new revenue that’s expected to be created through wage taxes from people working at cannabis clubs.



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.
 

Bill To Legalize Marijuana In Germany Advances After State Representatives Fail To Block It


Opponents of a proposed bill to legalize marijuana in Germany did not muster enough support to block the measure in legislative body representing states, meaning it will now continue through the process.

Germany’s legislature is composed of two main bodies: the Bundestag, which is comprised of democratically elected lawmakers, and the Bundesrat (or Federal Council), which has members representing individual states. On Friday, the legalization bill was brought up in the latter chamber, where legislators urged the adoption of amendments but did not prevent it from advancing.

The federal government, where the bill originated, will now respond to the Bundesrat’s comments, after which point the legislation will go to the Bundestag for possible enactment, according to The Legal Tribune Online.

The Bundesrat representative of Bavaria’s motion to put the bill on pause was rejected, as was a measure that would have required the formal consent of the chamber before legalization can be enacted. Another proposed amendment to increase the age limit for legal cannabis possession from the current draft that says 18 also failed.

The majority of state government representatives did agree that there is a “structural enforcement deficit” in the legislation, according to a translation. They’re seeking revisions to ensure that the federal government implements regulations in a way that does not cause states to take on administrative costs.

Committees of the Bundesrat made a total of 80 recommendations for revisions to the legalization proposal. That includes amendments to mitigate impaired driving, establish safety standards for cultivation facilities and ban the sale and use of alcohol at cannabis clubs.

Public education provisions should include “realistic financing modalities, especially for mandatory prevention and early intervention measures,” the Federal Council majority said. “Closing loopholes in criminal liability” is another priority.

Now the chamber’s comments will go to the federal cabinet, which drafted the legalization legislation. It will be tasked with preparing a counter-statement, and then the bill will go to the main legislative chamber. If it passes in the Bundestag, the Bundesrat can debate the proposal, but it cannot stop it from taking effect.

The federal cabinet already approved the draft law last month, initiating the process that sent it to the Bundesrat, which only has direct jurisdiction over measures that deal with revenue, state operations or amending the Constitution.

The legalization measure was spearheaded by Health Minister Karl Lauterbach. The proposal, which was unveiled in July, would allow adults to legally possess cannabis and cultivate a maximum of three plants for personal use.

It would also create social clubs that could distribute marijuana to members, with purchase limits for people over the age of 21 of 25 grams of cannabis per day—up to a total of 50 grams per month—and a lower 30 grams per month limit for those between the ages of 18 and 21.

Those facilities could not be located within 200 meters of a school, and each given city or district could only have one club for every 6,000 residents, and there would be a limit of 500 members per club. A social club permit would be valid for up to seven years, with the possibility of receiving an extension after five years. Membership to the clubs would have to last at least two months under the draft bill.

A summary of the legislation also outlines estimates of the costs of implementing and regulating the program, as well as savings from reduced enforcement and new revenue that’s expected to be created through wage taxes from people working at cannabis clubs.

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.

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.

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.

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

German Lawmakers Reach Agreement On Revised Marijuana Legalization Bill, With Final Vote Expected Next Week


German lawmakers have reached an agreement to revise a marijuana legalization bill, relaxing certain provisions that were challenged by cannabis reform supporters and setting the stage for a final vote in the national parliament next week.

Advocates were disappointed when a planned vote in the Bundestag was postponed last week, but there’s renewed optimism that the legislation as agreed upon by the traffic light coalition will advance, with legalization proposed to come into effect next spring.

A Green Party lawmaker, Kirsten Kappert-Gonther, said on Monday that following “intensive negotiations,” the bill is being changed in several key ways that will “make the law even better,” according to a translation.

“In the negotiations, we managed to find practical regulations that guarantee the protection of young people and health and make the decriminalization of adult consumers a reality,” she said.

Most of the amendments to the legislation are designed to loosen restrictions that faced opposition from advocates and supporters in the Bundestag.

For example, possessing slightly more cannabis than the allowable amount will not be automatically treated as a criminal offense punishable by jail time. Instead, possession of between 25 and 30 grams will be considered an administrative violation.

Similarly, the possession limit for home grown marijuana will be increased from 25 to 50 grams, with the same administrative violation stipulation applied to possession of between 50 and 60 grams.

The rules for public consumption are also being revised. The bill now says that people cannot publicly use cannabis within eyesight of a school, with a 100-meter minimum distance, as RND and Legal Tribune Online reported. The limit was previously 200 meters.

Lawmakers further agreed to stagger the implementation of the reform, making possession and home cultivation legal for adults beginning in April. Social clubs that could distribute marijuana to members could now start to open in July.

Other revisions departed with the theme of loosening restrictions. Negotiators agreed to adopt a change that would strengthen criminal penalties for underage sales, for instance.

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

After the Bundestag passes the legalization measure, Kappert-Gonther said legislators will “continue working together on Pillar 2” which concerns the commercial sales pilot program.

After next week’s vote, it is expected to be several months before the bill is taken up in the Bundesrat, a separate legislative body that represents German states. Members of the Bundesrat tried to block the proposed reform in September but ultimately failed.

The Bundestag, meanwhile, had previously already delayed its first debate on the legislation, which was held last month, ostensibly due to the conflict in Israel and Palestine.

Lawmakers in the Bundestag recently held a hearing in the Health Committee, at which opponents criticized some elements of the proposal. The body also heard a competing policy proposal from The Union, a political alliance of the Christian Democratic Union and Christian Social Union (CDU/CSU), that would not legalize marijuana but instead “improve health protection and strengthen education, prevention and research,” Kappert-Gonther said at the time.

The legalization proposal is being spearheaded by Health Minister Karl Lauterbach, who first shared details about the revised legalization plan last April. The following month, he distributed the legislative text to cabinet officials. The health minister responded to early criticism of the bill from medical and law enforcement groups by emphasizing that the reform would be coupled with a “major campaign” to educate the public about the risks of using cannabis.

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 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.

Government officials from multiple countries, including the U.S., also met in Germany last week to discuss international marijuana policy issues as the host nation works to enact legalization.

A group of German lawmakers, as well as Narcotics Drugs Commissioner Burkhard Blienert, separately 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.

A novel international survey that was released last year found majority support for legalization in several key European countries, including Germany.
 
Similarly, the possession limit for home grown marijuana will be increased from 25 to 50 grams,
Ah...and who exactly can grow a plant that only yields 1 or 2 ounces? Sheesh
 
it really happened, this afternoon german parliament passed the new cannabis legislation.
still some procedural hurdles in the way, but by this spring the new law should come into effect.
it is heavily flawed and much less of what was initially hoped for. no dedicated shops for a good while, and i suppose i will likely finally learn to do my own gardening. but for a while it looked like the whole project might actually fail or government self destruct before they had a chance to pass the bill. and however flawed this law is now: it is still an enormous and historic improvement over what has been. this german is relieved.

Germany legalises cannabis, but makes it hard to buy

  • By Damien McGuinness
  • BBC News, Berlín
23 February 2024, 11:18 GMT
Updated 48 minutes ago
A costumed cannabis supporter holds a banner against prohibition during the annual Hemp Parade on August 12, 2023 in Berlin, Germany

IMAGE SOURCE, OMER MESSINGER/GETTY IMAGES
Image caption,
Police in some areas of Germany, including Berlin, already turn a blind eye to smoking of cannabis in public

The German parliament has backed a new law to allow the recreational use of cannabis.
Under the law, over-18s in Germany will be allowed to possess substantial amounts of cannabis, but strict rules will make it difficult to buy the drug.
Smoking cannabis in many public spaces will become legal from 1 April.
Possession of up to 25g, equivalent to dozens of strong joints, is to be allowed in public spaces. In private homes the legal limit will be 50g.
ADVERTISEMENT


Already police in some parts of Germany, such as Berlin, often turn a blind eye to smoking in public, although possession of the drug for recreational use is illegal and can be prosecuted. 

Use of the drug among young people has been soaring for years despite the existing law, says Health Minister Karl Lauterbach, who is instigating the reforms.
He wants to undermine the black market, protect smokers from contaminated cannabis and cut revenue streams for organised crime gangs.
But legal cannabis cafes will not suddenly spring up all over the country.
A ferocious debate about decriminalising cannabis has been raging for years in Germany, with doctors' groups expressing concerns for young people and conservatives saying that liberalisation will fuel drug use.
After a stormy session on Friday in the Bundestag, Germany's parliament, the vote was eventually passed by 407 votes to 226.
Simone Borchardt of the opposition conservative CDU told MPs that the government had gone ahead with its "completely unnecessary, confused law" regardless of warnings from doctors, police and psychotherapists.
But Mr Lauterbach said the current situation was no longer tenable: "The number of consumers aged between 18 and 25 has doubled in the past 10 years."
After the vote he said the law would "dry out the black market" and fix "a failed drug policy".
As so often in Germany, the law approved by MPs is complicated.
Smoking cannabis in some areas, such as near schools and sports grounds, will still be illegal. Crucially, the market will be strictly regulated so buying the drug will not be easy.
Original plans to allow licensed shops and pharmacies to sell cannabis have been scrapped over EU concerns that this could lead to a surge in drug exports.
Instead, non-commercial members' clubs, dubbed "cannabis social clubs", will grow and distribute a limited amount of the drug.
Each club will have an upper limit of 500 members, consuming cannabis onsite will not be allowed, and membership will only be available to German residents.
Growing your own cannabis will also be permitted, with up to three marijuana plants allowed per household.
This means that Germany could be in the paradoxical position of allowing possession of rather large amounts of the drug, while at the same time making it difficult to purchase.
Regular smokers would benefit, but occasional users would struggle to buy it legally and tourists would be excluded. Critics say this will simply fuel the black market.
Over the next few years, the government wants to assess the impact of the new law, and eventually introduce the licensed sale of cannabis.
But given how tortuous the debate has been so far, nothing is certain.
Meanwhile, opposition conservatives say that if they get into government next year, they will scrap the law entirely. Germany is unlikely to become Europe's new Amsterdam anytime soon.
 
Last edited:

Sponsored by

VGoodiez 420EDC
Back
Top