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Why Germany could be on the brink of legalising cannabis

All three parties engaged in coalition talks in Germany plan to loosen the ban on cannabis possession. What exactly do they want and what do medical and legal experts think of the proposals?

Women smoke joints at a pro-cannabis demonstration in Berlin in 2019
A pro-cannabis demonstration in Berlin in 2019. Photo: dpa | Paul Zinken

While much of the discussion over the next government’s agenda has focused on climate change and state finances, one important change that could come into force in the next four years is a decriminalisation of cannabis.

All three of the parties currently engaged in coalition talks – the Greens, the Free Democrats (FDP) and the Social Democrats (SPD) – pledged in their election manifestos to reform the laws around cannabis use.

What exactly do the parties want?

The Green party make clear in their manifesto that they want a whole new approach to drug control starting with the controlled legalisation of marijuana.

Under their plans, licensed shops would be allowed to sell the psychoactive substance. 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 FDP also favour the creation of licenced shops. Their manifesto highlights the health benefits, tax windfalls and reallocation of police resources that legalisation would create.

“Only the sale of cannabis in licensed stores ensures quality control and stops contaminated substances from being sold,” the liberal party believe. Up to €1 billion in new tax revenues would be invested in addiction and prevention programmes, they say.

The centre-left Social Democrats also think that a reform of Germany’s prohibition stance is long overdue.

“Prohibition and criminalisation have not reduced consumption, they prevent effective addiction prevention and tie up enormous resources in the judiciary and police,” the party manifesto states.

The SPD are nonetheless more cautious than the smaller parties in their legalisation plans. They would like to initially set up pilot projects that are accompanied by counselling for young people.

What is the current state of the law?

Possession of cannabis is currently illegal across the entire country. Those caught in 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. This won’t apply though if 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.

People caught in possession of cannabis risk no longer being able to apply for a driving licence or having their driving licence taken away until they attend a psychological assessment.

Medical marijuana has been available on prescription since 2017 although many doctors are reportedly reluctant to prescribe it due to the hurdles involved in having the costs compensated by health insurers.

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

What’s the reaction so far?

Police unions reacted with concern this week to speculation that the parties were hashing out a plan to legalise the drug.

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

“We need to finally stop making light of the dangers of joints,” Malchow told the Neue Osnabrücker Zeitung, explaining that cannabis leads to social conflict between teenagers and youths.

Rainer Wendt from the German Police Union said that “if stoned people start getting into cars and driving anytime soon, we’re going to have a problem”.

Concerns about the negative consequences for teenagers are also shared by medical experts.

Meanwhile, Rainer Thomasius, a child psychiatrist from Hamburg who has conducted research into the effects of cannabis on teenage cognitive development, told broadcaster WDR that legalisation would be harmful.

“We have a whole set of scientific findings that show that cannabis consumption among teenagers is anything other than child’s play,” he said.

He warned that teenagers quickly become dependent on the drug and often cannot keep up in school as a result.

Doctors in regions of the US where cannabis has been legalised have reported an increase in cases of serious side effects among the young, claims Thomasius, who also warns that legalisation is being pushed by a cannabis lobby hoping to make billions of euros in profits.

‘Prohibition of cannabis is unconstitutional’

The issues of whether legalisation has been a blessing or a curse in the US, where cannabis is now legal for recreational use in over a dozen states, cause particular disagreement among German experts.

“Studies from abroad show that consumption among young people does not increase significantly after decriminalisation and strict regulation,” Lorenz Böllinger, a professor of criminology at Bremen University, told the Local. He points out that “cannabis has been easily available on the black market for a long time”.

Böllinger, who has long campaigned for legalisation, makes an even more fundamental point: he argues that prohibition is actually unconstitutional.

“In criminal law, the state is only allowed to forbid things which impair and damage the fundamental rights of other people! Harming oneself is not a punishable offense,” he says. 

“The legal justification [for cannabis prohibition] is ‘damage to public health’. But this justification contradicts the German constitution. By that measure, consuming alcohol, tobacco or chocolate would have to be declared an offense.”

SEE ALSO: Seven things to know about weed in Germany

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POLITICS

KEY POINTS: What to know about Germany’s partial legalisation of cannabis

Cannabis is to be partially freed for consumption in Germany starting April 1st. Why is this such a landmark legal reform, and what new rules and restrictions are in place?

KEY POINTS: What to know about Germany’s partial legalisation of cannabis

Why is this a historic moment?

The law decriminalises cannabis and legally recognises it as a non-narcotic. Germany will become the third European country, after Malta and Luxembourg, to legalise adult recreational use. And the law makes it one of the most liberal among developed economies. 

READ ALSO: Germany gives green light to partially legalise cannabis from April

Only Canada, whose law allows individuals to buy from licensed retailers and carry up to 30 grams of cannabis, is more permissive.  

The cannabis bill also lowers the barrier for doctors to prescribe medical marijuana to patients. It will now be considered a normal prescription instead of a narcotic. Previously patients needed to have a chronic illness or be seriously ill to get a prescription. 

What is the timeline for legalisation?

Beginning April 1st, adults will be allowed to carry up to 25 grams of cannabis for recreational use. They can also keep up to 50 grams of marijuana at home and grow up to three plants for personal use. Note that is three plants per person, not per household. 

On July 1st, adults can begin joining “cannabis social clubs” where they can receive monthly allotments of marijuana. And in the future, the bill lays out a plan to test out municipal five-year pilot programs for state-controlled cannabis to be sold in licensed shops. 

Can cannabis be purchased in Germany after April 1st?

There is no way to buy cannabis directly, as it won’t be available for general purchase in a store. Instead, you can grow the plant yourself or join a cannabis club this summer. The cannabis clubs can begin growing cannabis on July 1st. 

What will cannabis clubs do?

Cannabis clubs can have up to 500 members. Clubs can give members 25 grams of cannabis per day and up to 50 grams of the plant per month. For members under 22 years old, clubs can allot up to 30 grams of cannabis per month. 

For cultivation club members between 18 and 21-year-olds the level of THC -the substance in cannabis that gives you the “high” – will be limited to help minimise the impact of marijuana use on developing brains. 

Cannabis in Dresden

Martin Reuter, head of the Sanaleo shop for CBD products in Dresden’s Neustadt, holds a cannabis flower for sale in his hands. Photo: picture alliance/dpa | Robert Michael

Clubs cannot sell weed to their members, but they are allowed to charge membership fees. Under the law, all excess production must be destroyed. 

Cannabis social clubs can set their own requirements for membership so long as the minimum age of membership is 18 and members can prove German residency. The law also gives states the ability to limit the number of clubs according to population density. 

Can you consume cannabis in public?

Yes, but there are some parameters. You cannot consume weed within 100 metres of schools, sports facilities or around minors. You can also only smoke cannabis in public between the hours of 8pm and 7am. 

How does the public feel about the law?

Germans remain divided on the new legislation with 47 percent in favour of the plans and 42 percent against the legalisation, according to a YouGov poll published on Friday March 22nd.

The law was also met with sharp criticism from doctors, legal professionals and representatives from some of the nation’s 16 federal states. The conservative CDU and CSU parties expressed consistent opposition to the bill on the Bundestag floor. 

READ ALSO: Why is Germany’s cannabis draft law so controversial?

What happens if you break the rules?

Minors who are caught consuming cannabis will be required to take part in prevention programmes. It is unclear what rules will apply to cannabis in road traffic, shipping and air traffic because it is still under review by expert committees.  

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