The bill that would legalize marijuana in Germany was not blocked by the legislative body of states.
The German legislature is divided into two main groups: the Bundestag (or Federal Council), a group of elected legislators, and the Bundesrat, a group of members who represent individual states. The legalization bill came up for discussion in the Bundesrat on Friday. While legislators encouraged the adoption of amendements, they did not stop it from moving forward.
According to The Legal Tribune Online, the federal government will respond to Bundesrat comments and then the legislation could be passed by the Bundestag.
A motion by the Bavarian Bundesrat member to pause the bill was also rejected. Another measure, which would have required formal consent from the chamber prior to legalization being implemented, was also rejected. A second amendment that would have raised the legal age for cannabis possession to 21 from the current draft of 18 was also rejected.
A translation indicates that the majority of state representatives agreed there was a “structural deficit” in enforcement. They want revisions so that the federal government can implement regulations without causing states to incur administrative costs.
The Bundesrat’s committees made 80 revisions to the proposed legalization. This includes amendements to reduce impaired driving, set safety standards for cultivating facilities and prohibit the sale and usage of alcohol in cannabis clubs.
The majority of the Federal Council said that public education should include “realistic funding modalities” for early prevention and mandatory measures. Another priority is “closing loopholes” in criminal liability.
The comments of the chamber will now be sent to the federal cabinet that drafted the legalization law. The chamber will then be asked to prepare a counter-statement and the bill will then go before the main legislative body. The Bundesrat may debate the proposal if it is approved by the Bundestag. However, it cannot prevent it from becoming law.
The Bundesrat has only direct jurisdiction on measures that are related to revenue, state operations, or Constitutional amendments.
Karl Lauterbach, the Health Minister, spearheaded the legalization measure. The proposal was announced in July and would allow adults to possess cannabis and grow up to three plants for their own personal use .
The law would also allow social clubs to distribute marijuana among their members. Purchase limits of 25 grams of cannabis a day for those over 21 years old, up to 50 grams a month for all.
These facilities were not allowed to be within 200 meters from a school. Each city or district was limited to one club per 6,000 residents. There would also be a 500-member limit for each club. The permit for a social club would be valid up to seven-years, with an option of extending it after five years. 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 reduced enforcement. New revenue is also expected through wage taxes on people who work at cannabis clubs.
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 in the second half 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 health minister has stressed that this reform will be accompanied by a “major public education campaign” in order to inform the public of the dangers of cannabis use.
He first revealed details about the revised plan for legalization in April. distributed the legislative text in April to cabinet officials.
Officials were working to update the framework to avoid any potential conflicts with international law. This timeline was originally set for the end of the 1st quarter of 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 for 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.
Opponents say that the petition to repeal South Dakota’s Medical Marijuana Law contains errors and must be thrown out
The first time Marijuana moment was published, the post Bill to Legalize Marijuana in Germany Advances after State Representatives Failed To Block it.
