Monday, during an hearing of the parliamentary Health Committee on the government proposal to legalize cannabis in Germany, lawmakers in Germany heard from experts. The lawmakers also looked at an alternative plan which would have focused on reducing the consumption of cannabis through public health and education measures.
Legalization measures, led by Health Minister Karl Lauterbach would allow adults to possess cannabis and grow a maximum three plants for their personal use . The bill would also allow social clubs to distribute marijuana among their members. Officials said that a second phase of legalization would eventually launch a program for regulated commercial cannabis sales.
Translation: Kirsten Kappert Gonther, Green Party legislator, stated at the beginning of the meeting that “with this draft law, the federal government can contribute to improved healthcare, strengthen cannabis education and prevention, and curb the illicit market for cannabis, while at the same strengthening protection of children and youth.”
Kappert Gonther, the federal minister of health, said that current trends show that cannabis consumption is on the rise, especially among youth, despite existing prohibition laws. “Cannabis purchased on the black-market is associated with higher health risks because those who purchase it are unaware of the THC content and that it contains toxic contaminants and synthetic cannabinoids.
The measure was read for the first time in the Bundestag (Germany’s federal legislature) last month. The bill will be brought back to the chamber on Monday for a second (and final) reading. At that point, lawmakers will vote to formally pass the law.
On social media, the Green Party stated that the comments of experts in committee would “promote improvements in the legislation” as it moves through the legislature.
On Monday, in addition to the legalization bill, the lawmakers also heard an opposing proposal from The Union. This is a political alliance between the Christian Democratic Union (CDU) and the Christian Social Union. This measure does not legalize pot, but rather aims to “improve the health protection of children and adults and strengthen prevention, education and research”, said Kappert-Gonther.
Several groups, such as the German Association of Judges, Federal Medical Association and police and medical associations, have spoken out against legalization. Nearly three dozen institutions, individuals and groups submitted statements in advance of the hearing on Monday.
In a written statement, the German Association of Judges stated that the “assessment” that the draft would reduce the burden of the judiciary was incorrect, because the legalization plan still included offenses such as cannabis sales, importation from abroad, and other activities.
The legalization proposal as written would create social clubs which could distribute marijuana among their members. Purchase limits for those over 21 years of age are 25 grams of cannabis each day, up to 50 grams total per month. The monthly limit for people between 18 and 21 would be 30 grams.
Die Legalisierung geht voran
Heute wird das Cannabisgesetz im Ausschuss beraten. Wir haben Sachverstandige des Gesundheitsbereichs & aus Verbanden zur Einschatzung eingeladen. Dadurch werden wir Verbesserungen im Gesetz voranbringen.Ab 17:30 Uhr live
https://t.co/irWJpMYpa7
— Grune im Bundestag
(@GrueneBundestag) November 6, 2023
The facilities could not be within 200 meters from a school and every jurisdiction could only have one club per 6,000 residents. The clubs would have a maximum of 500 members, and they would require a permit for a social club. This permit would last up to seven year with the option to extend it. The draft bill stipulates that membership in the clubs must last for at least two month.
A summary outlines the estimated costs for implementing and regulating this program as well as the savings that will be made from a reduced enforcement of the law and the new revenue expected from wage taxes on people who work at cannabis clubs.
The Federal Medical Association and the German Society for Pediatric and Adolescent Medicine were among the groups that reacted strongly on Monday. The German Society for Pediatric and Adolescent Medicine, as well as the Federal Medical Association, were among the groups that reacted against the reform.
The Federal Chamber of Psychotherapists was also skeptical. The group demanded strict protections for youth and said that it is unclear if decriminalization will sufficiently reduce stigma so that people with substance abuse disorders can seek help earlier.
Other groups, such as the German Bar Association or the New Judges’ Association have also expressed their support for reform. The New Judges’ Association of reform-minded judges, prosecutors and ad hoc judges has stated that a criminalization of possession of cannabis to be consumed by oneself is no longer justified.
The New Judges’ Association also suggested improvements to this bill. The group said that consumers may not be able to tell if they are within the proposed 200-meter zone of ban around sensitive areas such as schools, youth and children’s facilities and sporting facilities. The group also stated that the proposed 25-gram limit for cannabis possession could criminalize those who accidentally grow marijuana at their homes and have more than the limit.
The Federal Association for Accepting Drug Work and Humane Drug Policy supports reforms, but criticizes a provision of the legalization proposal which would ban consumption within cultivation associations. The Federal Association for Accepting Drug Work and Humane Drug Policy, meanwhile, supports the reforms but criticizes a provision in the legalization proposal that would ban consumption in cultivation associations.
The Union, ahead of ‘s last month meeting on legislation urged legislators to stop the movement towards cannabis legalization. It said that this would lead the country in the “wrong direction” and increase cannabis consumption.
A motion from the Alternative for Germany party (AfD), says that lawmakers should focus instead on medical marijuana. The party said the Bundestag should abandon adult-use legalization in favor of drafting a new bill to incorporate medical marijuana into the national health care laws, which could better address “benefits” and “risks” on an open-ended basis and lower costs for the patients.
The readings take place after opponents failed to stop the measure at the Bundesrat, Germany’s national legislative body.
In a press release, the Bundestag stated that representatives of the state are concerned by “high financial costs for the states resulting from control and enforcement tasks as well as preventive and intervention tasks”. “Controlling cultivation associations” is cited as an example.
The federal government, however, “doesn’t share” Bundesrat’s concerns. The federal government, the statement continued, expects to save a lot of money from federal states by reducing criminal complaints and criminal proceedings. The funds saved could be used to monitor the cultivation associations and for addiction prevention.
Officials plan to introduce a second complementary measure, which would create pilot programs for commercial sale in all cities across the country. This legislation will be revealed after it has been submitted to the European Commission to review.
As described previously by officials, the measure would allow cannabis to be sold at retail outlets in selected jurisdictions as part the pilot program. This would allow the country the opportunity to evaluate further reforms over a five-year period. Officials would specifically study the impact the shops have on consumption patterns and the illicit drug market. Localities must opt-in to allow these stores to operate.
The initiative to legalize marijuana is led by Health Minister Karl Lauterbach. He first revealed details about the revised plan in April. The following month, distributed the legislative text among cabinet officials.
Lauterbach, in response to criticisms of the bill by medical and law enforcement organizations, stressed that it will be coupled with “a major campaign” aimed at educating the public on the dangers of cannabis use.
Officials were working to update the framework to avoid any potential conflicts with international law. This timeline was originally set to end the first quarter 2023. However, it was extended due to “scheduling reasons”.
The government’s announcement in April laying out its policy proposals for cannabis legalization was mostly welcomed by lawmakers who have pushed the government to adopt sweeping policies. However, some pointed out areas that they would like to improve.
In March, the health minister stated that German officials received “very positive feedback” from EU regarding the previous reform framework.
The German Federal Cabinet approved an initial framework of a legalization initiative late last year. However, the government wished to receive the EU‘s approval to make sure that the reform would not violate their international obligations.
The framework is the result of months of discussions and reviews within the German government and its “traffic-light” coalition. Last summer officials began a series hearings to inform legislation that would end the prohibition of cannabis in Germany.
Last year, a group of German legislators, including Narcotics Drugs Commission Burkhard Blienert , visited California and toured California marijuana businesses to inform their approach to legalization.
The visit took place two months after the first meeting of its kind between top officials from Germany and Luxembourg, Malta, and the Netherlands to discuss plans and challenges related to recreational marijuana legalization.
In 2021, the leaders of the coalition government announced that they had agreed to end cannabis prohibition as well as enacting regulations for a new legal industry. They first revealed certain details of this plan in 2013.
In a new international survey released last year , the majority of respondents in Germany and other key European countries supported legalization.
Congress considers opposing amendments to protect legal marijuana states and block Biden from rescheduling cannabis
The article German lawmakers debate marijuana legalization in committee hearing, with final vote scheduled later this month first appeared on Marijuana Moment.
