Germany Unveils Draft Bill to Legalize Marijuana: A Step Towards Regulating Cannabis Market and Combating the Black Market
Germany's Health Ministry has put forward a draft bill to legalize marijuana. It's currently being reviewed by state officials and the public. If passed, the legislation would allow adults to grow a limited number of cannabis plants for personal use and establish rules for social clubs where marijuana can be obtained. The government is also considering pilot programs for commercial sales in different cities.
Health Minister Karl Lauterbach believes that legalizing cannabis with clear limits can help eliminate the black market and reduce crime. He wants to make sure that safeguards are in place to prevent underage access to marijuana.
Under the proposed bill, adults aged 18 and above would be allowed to grow up to three plants for personal use. However, extracting oils or making concentrates from cannabis would not be allowed. Personal possession would be capped at 25 grams, except for employees of marijuana social clubs. These clubs would have restrictions, such as not being located within 200 meters of schools, and each city or district could only have one club per 6,000 residents. Social club permits would be valid for up to seven years, with a possible extension after five years. Club membership would have to last at least two months.
The first phase of the legalization plan is expected to go through the cabinet after an administrative review, while the second phase, focusing on commercial marijuana sales, is planned for release in the latter half of the year. Despite existing prohibition regulations, the draft legislation acknowledges the increasing cannabis consumption, especially among young people. Its goals are to improve health protection, strengthen cannabis education and prevention, combat the illicit market, and enhance child and youth protection. Quality control and prevention of contaminated substances are emphasized to ensure consumer safety.
The bill's summary also includes cost estimates for program implementation and regulation, as well as potential savings from reduced enforcement and revenue generated by wage taxes from cannabis club employees. While the government progresses with home cultivation and social clubs, the separate commercial pilot program legislation will undergo review by the European Commission before being enacted. The pilot program would allow cannabis sales in selected retailers, enabling the assessment of consumption trends and the impact on the illicit market. Participation by localities would be optional.
The formal legislation was initially planned for release by the end of the first quarter of 2023 but experienced a delay due to revisions to align with international laws. Lawmakers supporting cannabis legalization generally responded positively to the government's announcement in April, although they highlighted areas for improvement. However, the revised draft bill has faced criticism from advocates who believe it overly restricts adult access.
In March, the health minister mentioned that German officials received positive feedback from the European Union regarding the previous reform framework. Although Germany's Federal Cabinet approved the initial legalization framework at the end of the previous year, EU approval was sought to ensure compliance with international obligations. The framework was the result of months of review and negotiations within the German administration and the coalition government. Last summer, officials began a series of hearings as a step towards legalization, gathering insights to shape legislation ending cannabis prohibition in the country.
To inform their approach, a group of German lawmakers, along with Narcotics Drugs Commissioner Burkhard Blienert, visited the United States and toured cannabis businesses in California. This visit followed a significant meeting between top officials from Germany, Luxembourg, Malta, and the Netherlands, where they discussed plans and challenges related to recreational marijuana legalization.
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