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‘Controlled distribution’: How Germany will legalise recreational cannabis

Amsterdam may soon have a rival as the European capital of cannabis, with Germany's next government planning to legalise recreational use of the drug.

a national flag bearing a marijuana leaf
A picture taken on August 10, 2019 in Berlin shows a national flag bearing a marijuana leaf during the 23rd Hanfparade, a traditional German-wide pro-Cannabis march, to ask for its legalisation. Photo: John MACDOUGALL / AFP

The centre-left SPD, Greens and liberal FDP, which presented their plans for Germany’s next ruling coalition on Wednesday, have agreed to ease rules on personal use of cannabis.

“We will introduce the controlled distribution of cannabis to adults for consumption purposes in licensed stores,” the parties said in their coalition contract.

“This will control the quality, prevent the circulation of contaminated substances and ensure the protection of minors,” the document says.

Current German law allows cannabis plants to be grown, sold, owned, imported or exported, and people with certain medical conditions can be prescribed cannabis-based drugs.

Private recreational use of the drug is banned — though police often turn a blind eye to possession of small amounts.

The Greens and FDP have long been pushing to legalise cannabis, while the SPD has proposed testing regulated distribution of the drug in pilot projects.

‘Positive effects’

It is not yet clear whether cannabis in Germany would be sold in tobacco shops, Amsterdam-style “coffee shops” or pharmacies, but the aim is to make it easier to control who can buy it — and what they are getting.

According to the German Cannabis Association, substances that can end up in black-market weed include sand, hairspray, talcum powder, spices or even glass and lead.

Experts also say marijuana can be contaminated with heroin or synthetic cannabinoids, up to 100 times stronger than natural psychoactive cannabinoids.

Legalising the drug could generate around 4.7 billion euros ($5.3 billion) a year in public finances, according to a recent study by the Heinrich-Heine University in Duesseldorf.

The study also predicts that legalising cannabis would create around 27,000 jobs.

The prohibition of cannabis costs the taxpayer billions every year in “senseless prosecutions”, according to Georg Wurth, director of the German Cannabis Association.

Wurth also asserted that the ban “promotes organised crime by giving it exclusive access to a market worth billions.”

He argued that legalisation would “have multiple positive effects for users, but also for society as a whole.”

Health risks?

At the Mary Jane Berlin cannabis expo in October, visitor Linda Moedebeck told AFP she was in favour of legalisation because it would help control the quality of the drug.

“With illegally bought substances, you never really know what’s inside and I just find that very dangerous,” she said.

“Everybody smokes who wants to smoke anyway, so I don’t think consumption would go up as a result,” said another visitor, Sven Baum.

Wurth had the same opinion, saying legalisation is unlikely to worsen health problems associated with the drug. “Since a significant increase in consumption is not to be expected, (an) increase in the various problems caused by consumption is not to be expected either,” he said.

But not everyone is in favour of the plan, with Angela Merkel’s CDU-CSU conservative alliance warning that regular use of the drug can pose health risks for some people.

Stephan Pilsinger, the CDU’s pointman on drug policy, accused the coalition parties of performing an “experiment on the health of our society and our young people”.

“Should the state really earn money by plunging its citizens into the danger of addiction, permanent psychoses and physical and mental suffering? I think that is immoral,” he told AFP.

Some experts have warned that cannabis use among young people can affect the development of the central nervous system, leading to an increased risk of developing psychosis and schizophrenia.

Sustained use has also been linked to respiratory diseases and testicular cancer.

Daniela Ludwig, drugs commissioner for the outgoing government, has accused the coalition parties of risking “the health of the population for the sake of a supposed Zeitgeist”.

The legalisation of cannabis would “trivialise the dangerous nature of this drug”, she told the Rheinische Post newspaper.

Member comments

  1. “Should the state really earn money by plunging its citizens into the danger of addiction, permanent psychoses and physical and mental suffering? I think that is immoral,” he told AFP.

    You mean like… alcohol and tobacco products? Oh dear

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HEALTH

What Germany’s new digital organ donation register means for residents

Germany is rolling out an online registry for peoples' preferences regarding organ donation. How is it supposed to work?

What Germany's new digital organ donation register means for residents

A central registry for organ donation was launched on Monday, which allows users to save their preferences online and more easily update them in the future.

According to surveys, the majority of people have a positive attitude toward organ donation after death. But when it comes to officially opting-in as an organ donor in writing, many people hesitate. 

Those in support the new registry hope that it will ensure that medical professionals can more readily identify a patient’s organ donation preferences.

How does organ donation in work Germany?

Last year, 965 people donated one or more organs after their death. That was 96 more than in 2022 (a year in which donations had declined), according to the German Organ Transplantation Foundation.

However, there were almost 8,400 people on the waiting lists for a transplant during the same period.

In order for organ donation to be considered at all, two specialists must independently confirm the complete and irreversible failure of the cerebrum, cerebellum and brain stem, i.e. brain death.

Germany is an “opt-in” country regarding organ donation. This means that individuals need to explicitly register their consent to be organ donors, usually with their physicians.

In contrast, under “opt-out” systems for organ donation, individuals are considered eligible organ donors unless they register to be remove their consent.

Research has shown that opt-out consent systems dramatically increase the number of successful organ transplants performed each year, and reduces waiting list numbers.

READ ALSO: Dead Olympic coach saves 4 lives with organ donations

Sweden, Luxembourg, Bulgaria, Greece, Iceland and all regions of the UK are among European countries that have an opt-out system in place. Spain is an example of a hybrid model in which the country operates with “presumed consent” but families are also consulted and have the final say.

Making the switch to an opt-out organ donation system was a topic of debate in Germany in 2020, but ultimately the Bundestag voted against it.

Instead the Bundestag passed an initiative by a group of MPs, and led by current Foreign Minister Annalena Baerbock (Greens), to “strengthen the willingness to make decisions in organ donation”.

To this end, anyone who applies for an identity card from the age of 16, renews it after 10 years or obtains a passport should receive information about registering as an organ donor. Family doctors are also encouraged to inform patients about organ donation every two years in an open-ended manner.

Additionally, the new online registry has been created.

Why is it important to have a digital database?

Ultimately, the new registry aims to make it easier for doctors to quickly and reliably clarify a possible willingness to donate.

A decision can still be documented on a piece of paper, in a living will or on organ donor cards, which are available in doctors’ offices, pharmacies and for download from the Internet.

But while papers and cards often can’t be found in an emergency, an entry in the digital registry provides clarity and security, argues Health Minister Karl Lauterbach (SPD). “Above all, it relieves relatives of the burden of making a difficult decision in an emergency.”

When no decision has been formally expressed by the deceased, spouses, adult children or siblings are consulted.

How do I register?

The portal, which has been set up by the German Institute for Drugs and Medical Devices, can be found at www.organspende-register.de.

From Monday, it will be possible to register there with an ID card that has an online function (eID). Since 2017, all residence permits and personal ID cards in Germany have been issued with an electronic chip containing your personal data. 

By July 1st, clinics that remove organs will be able to search for and retrieve declarations in the registry. By September 30th, it should also be possible to register via health insurance apps. This is important because some people’s ID card may not be activated (although you can do that if you wish do – more details here.

READ ALSO: How German health insurance costs are set to rise from 2024

You can register voluntarily from the age of 16. Registrants may choose from five options:

  1. “Yes, I allow organs and tissues to be removed from my body after the medical determination of my death”;
  2. “Yes, I allow this, with the exception of the following organs/tissues”;
  3. “Yes, I allow this, but I only want to release certain organs/tissues for donation”;
  4. “My next of kin shall then decide on yes or no”;
  5. “No, I object to the removal of organs or tissues.

Entries can be changed or deleted. Whether on paper or digitally, the most recently selected preference is applied.

With reporting by Paul Krantz

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