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DRUGS

Cannabis lovers greet Green legalization plan

Pro-legalization campaigners welcomed a draft law presented by the Green party on Wednesday that would allow adults to consume cannabis under strict conditions.

Cannabis lovers greet Green legalization plan
Deputy Green Bundestag leader Katja Dörner and drug policy spokesman Harald Terbe. Photo: DPA

“Until now the debate has been based on few hard facts and more vague feelings,” Green drugs policy spokesman and MP Harald Terpe told The Local.

“Now there's a draft law for people to explain why they're for or against it, not just the question of whether there should even be one.”

Terpe argues that the international climate, which has seen several countries reduce or eliminate criminal penalties for possession and use of the drug, means that now is the right time to push for legalization.

Tight controls for legal cannabis

At a press conference in Berlin, Katja Dörner, deputy Green leader in the Bundestag (German parliament), told journalists that the “cannabis control law” would create a system that protected children and young people while decriminalizing adults.

People growing or selling cannabis would be “strictly monitored”, she said, with imports tightly restricted, no distance selling or use of vending machines and no advertising allowed.

“We want to address people's fears, especially parents',” Terpe said. “We want to protect young people, who are in worse danger while there is a black market.”

This being the Green party, the law also includes provisions forbidding the sale of cannabis from genetically modified plants, or any treated with pesticides or other chemicals.

The Greens reckon that a tax of €6-7 per gram of cannabis could also bring in €1-2 billion per year to state coffers, based on current average street prices of €10-12 per gram.

They also hope that their plan will massively reduce the burden on the police and judiciary.

“The prohibitive policy against illegal drugs has failed,” Terpe said. “It criminalizes people over trivial crimes.”

Green politicians have long advocated for legalizing consumption of cannabis, with party leader Cem Özdemir last year appearing with a hemp plant in an 'ice bucket challenge' video.

Slim prospects of becoming law

Pro-legalization campaigners welcomed the Green party's move, although they said that it was unlikely to succeed.

“Politicians are definitely not ready for it, both CDU [Christian Democratic Union] and SPD [Social Democratic Party] will vote against it,” Georg Wurth of the German Hemp Federation (DHV) told The Local.

Germany's two largest parties, currently governing together in a 'grand coalition' of centre-left and centre-right, are unlikely to leapfrog public opinion.

A November poll by infratest dimap on behalf of the DHV showed that only 30 percent of people believed cannabis should be made completely legal, although 80 percent were in favour of legalizing cannabis as a medicine.

Wurth argued that despite the polls, the Greens were taking an important step forward with their proposal.

“It's a worthwhile contribution to the discussion, it's a milestone in the debate as the first detailed draft law,” Wurth said.

“I think more and more that we're not discussing so much whether cannabis will be legalized as when,” he added.

'Basically legal as a medicine'

Wurth pointed out that just as in the USA in the years leading up to legalization in some states, cannabis is now “basically legal as a medicine in Germany, although it's treated very restrictively.”

Figures released on Wednesday by the Federl Institute for Medicines and Medical Products (BfArM) showed that 382 Germans are currently legally taking cannabis as a painkiller.

A total of 424 licenses have been granted for doctor-supervised medical use of cannabis since a 2005 Supreme Court decision, although 42 of those patients have since died.

 

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DRUGS

Germany should make cannabis available at pharmacies not ‘coffee shops’, says FDP boss

Germany's possible new government could well relax the country's strict cannabis laws. But FDP leader Christian Lindner says he doesn't want to go down the Netherlands route.

A demonstrator smokes a joint at the pro-cannabis Hanfparade in Berlin in August 2021.
A demonstrator smokes a joint at the pro-cannabis Hanfparade in Berlin in August 2021. Photo: picture alliance/dpa | Annette Riedl

The Social Democrats (SPD), Greens and the pro-business Free Democrats (FDP) are set to engage in coalition talks in a bid to become the next German government.  And the future of cannabis will likely be one of the topics to be thrashed out.

In drug policy, the three parties are not too far apart in their positions. So it’s possible that the drug could be decriminalised.

However, nothing is set in stone and the parties still haven’t come to a common line on the question of where and to what extent cannabis could be accessed. 

The leader of the Liberal FDP, Christian Lindner, has now come out in favour of allowing cannabis products such as hashish to be sold in a controlled manner. 

Consumers should be allowed “to purchase a quantity for their own use, for example, in a pharmacy after health education,” Lindner told a live broadcast on German daily Bild on Sunday.

Lindner said he was sceptical about the sale in “coffee shops” according to the Dutch model. “I am in favour of controlled distribution, and therefore health education must be able to take place,” he said.

READ MORE: Patients in Germany still face hurdles accessing medical marijuana

People in the Netherlands can access cannabis products in coffee shops under the country’s tolerant drugs policy. However coffee shops have to follow certain strict conditions. For instance they are not allowed to sell large quantities to an individual. 

Lindner said his main aims were about “crime and health prevention” and not with “legalising a right to intoxication”.

It’s not clear if Lindner advocates for prescription-only cannabis for medical use, or an over-the-counter model. 

The FDP previously said that they they are in favour of the creation of licensed shops. Their manifesto highlights the health benefits, tax windfalls and reallocation of police resources that legalisation would create.

The Green party also want licensed shops, as well as a whole new approach to drug control starting with the controlled legalisation of marijuana. The Greens state that “strict youth and user protection” would be the centre point of their legislation and hope to “pull the rug from under the black market”.

The SPD also want a reform of Germany’s prohibition stance – but are more cautious than the smaller parties on the legalisation aspect. They would like to initially set up pilot projects. 

READ ALSO: Why Germany could be on the brink of legalising cannabis

Controversial topic

So far, the sale of cannabis is officially banned in Germany. Possession of cannabis is also currently illegal across the entire country. Those caught carrying the substance can face anything from a fine to five years in jail.

However, the justice system generally looks away if you are caught carry small quantities for personal use unless you have a previous conviction.

The definition of personal use differs from state to state, with Berlin having the most liberal rules and Bavaria the tightest.

It is estimated that around four million people regularly use cannabis in Germany.

Representatives of police unions in Germany have warned against legalisation. They argue that cannabis is an often trivialised drug that can lead to considerable health problems and social conflicts, especially among young people.

Oliver Malchow, from the GdP police union, said that “it doesn’t make any sense to legalise another dangerous drug on top of alcohol”.

The current Ministry of Health also continues to oppose the legalisation of cannabis, a spokesperson for Minister Jens Spahn (CDU) made clear. Cannabis is a dangerous substance and therefore legalisation is not advisable, the spokesman said. 

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