Cannabis legalization: When will Bubatz become legal now?

Germany

Under the auspices of the Union, drug policy in Germany has been very repressive in recent years. The fight against drugs came first: Prohibition. Consumers were criminalized. The traffic light government wants to change that. Drug commissioner Burkhard Blienert (SPD) speaks of a paradigm shift.

Instead of bans, health protection should come first in the future. For hard drugs such as MDMA and heroin, by providing the option of drug checking and setting up drug consumption rooms. However, since these decisions are made at state level, Blienert, as he explained at a press conference, is now promoting them locally. And backs initiatives, as he says himself.

But the traffic light government itself has one point on the list: the legalization of cannabis. It was a campaign promise made by all three parties. It is clear that it is the turn of the politicians. Nevertheless, many people in Germany ask themselves the question: “When will Bubatz be legal?”

Watson has summarized for you the current state of affairs and how things will continue.

The Key Points Paper

in the key points paperwhich Health Minister Karl Lauterbach (SPD) presented last autumn, states that cannabis should no longer be classified as a narcotic in the future. As a consequence, this would mean that the possession of cannabis for recreational purposes would be exempt from punishment.

Cannabis flowers and oils, as well as hash, could then be bought in licensed specialist shops. Own cultivation (with three plants) should also be allowed. It should also be checked whether there should be THC limits for consumers between the ages of 18 and 21. So an upper limit for the psychoactive substance in the weed that ultimately makes up the high.

Purchasing and consuming recreational cannabis could become legal in the coming years.Image: pexels / rodnae productions

Processed products that contain recreational cannabis should not be allowed. So neither space brownies nor vanilla crescents or an add-on in the latte macchiato. This also means: the hype that is currently happening with CBD products should not happen in the same way with the THC version.

In order not only to dry up the black market and to offer a safer product than the dealer on the corner, the prevention work should also be expanded. Educational campaigns in schools, consultations in specialist shops. Health protection should be given top priority. In addition, data should be collected, which is what legalization is doing to society. After an evaluation four years later, the regulations could then be adjusted again.

The federal cabinet approved the minister’s plans in the fall. And with that, the cannabis legalization mission enters round two.

The Legislative Process

It could actually be quite simple now: the cabinet agrees, as do the traffic light parties. A draft law is drawn up, discussed in the Bundestag and finally passed.

Unless, of course, the law has an impact on the finances of the countries or interferes with the organizational sovereignty of the countries. For example, the licenses for the specialist shops are issued by the federal states or districts. Then the law would have to go through the Federal Council – it would therefore require approval.

But legalizing cannabis in the way the federal government intends to do it isn’t just about the federal and state governments. It’s even more complicated. the EU also has a say in the matter.

Ursula von der Leyen (CDU) is the President of the European Commission.Image: dpa / Philipp von Ditfurth

Because Germany has signed several international legal agreements on cannabis. For this is in EU law established that the possession and sale of drugs must be a criminal offence. The Schengen Agreement also regulates the import and export of drugs – i.e. it is forbidden. Legalization will only work if the EU Commission gives its go.

The EU level

Well, that’s exactly where the problem is at the moment. So far, it seems, the EU Commission has not had much sympathy for the German initiative.

The federal government’s plan is to convince the EU that legalization and strict regulation of the cannabis market can better address the concerns of the EU treaties on health, child and youth protection.

As Minister of Health, Karl Lauterbach (SPD) is primarily responsible for legalization.Image: dpa / Carsten Koall

Lauterbach said it was becoming apparent that “very good arguments” would be needed to convince the commission. The key points are currently available to the Commission. Lauterbach wants to formulate the draft law by March. The Federal Government then intends to submit it to the EU Commission for approval of the model in principle (notification). If things go well, the draft could come to the Bundestag in the second half of the year, said Lauterbach.

If Germany legalizes cannabis without EU approval, and contrary to current EU law, there could be infringement proceedings.

The date

So there is still a lot to do. In the end, it’s not quite as simple as the promise “Bubatz legal” sounds. It is also clear that if the EU level gives its go and the law is passed, it will still be a while before the cannabis is actually sold in the licensed shops. Only decriminalization could then go quickly – but consumers would still have to shop on the black market. Or just grow it yourself.

Because the grass for the shops has to be produced and the licenses issued. It is extremely unlikely that the first specialist shops will be allowed to open as early as 2023. The date could be closer to 2024 – or even later if the legislative process is delayed.