According to the plans of the federal government, the private consumption and cultivation of cannabis should be allowed before the end of this year. But Minister of Health Karl Lauterbach (SPD) has set himself even more goals when it comes to legalizing cannabis: Berlin is looking for partners at EU level to jointly enforce liberalization in the trade in intoxicants.
According to the SPD reporter for drug and addiction policy in the Bundestag, Dirk Heidenblut, the draft law for the “cannabis clubs” agreed between the departments is to be presented in the middle of the month.
Personal use cannabis clubs
The plan: These not-for-profit associations are allowed to grow cannabis together for recreational purposes under narrow, clearly defined legal framework conditions and sell it to members over the age of 18 for personal consumption. Another draft is to follow in autumn, which will enable cannabis to be sold in licensed specialist shops in pilot projects.
However, further plans by the traffic light coalition for a nationwide trade in cannabis were thwarted at EU level. Therefore, in the coming months, the federal government wants to begin to explore the chances of success for liberalization in the cannabis trade within the EU, parallel to the German legislative process.
The EU Commission leaves it up to the member states how they regulate the personal consumption of drugs, including cannabis. However, the situation is different when it comes to trading. A 2004 EU directive states that illicit drug trafficking “poses a threat to the health, safety and quality of life of citizens”.
Developments in cannabis policy in the EU member states are being closely monitored, a spokesman for the EU Commission told the Tagesspiegel. In particular, the impact of legislative amendments to cannabis policy on health and crime are in focus, he said. In other words: If Germany were to prove in the planned model regions that the black market can be pushed back, this could also be a lever for changing EU legislation.
“Almost all EU countries have found that they are not getting anywhere with their previous approach to cannabis policy,” says SPD drug politician Heidenblut. The previous policy in the Netherlands, which tolerated the consumption of cannabis but banned its manufacture and wholesale, had failed. “For this reason, there will be regional model tests in the Netherlands with a legalization of trade, as are also planned in Germany,” says Heidenblut.
Countries that could also support the federal government’s course include Spain – where “cannabis clubs” already exist – Malta and Luxembourg. Legalization of trafficking in the drug was planned in the Grand Duchy before the government backed down again in 2021. The Czech Republic and Denmark are also on course for legalization.
Portugal at the forefront of decriminalizing cannabis use
From the point of view of the politicians in Germany, the example of Portugal is particularly interesting, where you can carry 25 grams of cannabis flowers with you. At the same time, the country on the Iberian peninsula places great value on withdrawal and rehabilitation programs. As a result, Portugal is considered a pioneer in decriminalization and is at the bottom of the list when it comes to cannabis consumption in an EU comparison.
Specialist politicians from other EU countries should be invited to get an idea on the spot.
Dirk HeidenblutSPD reporter for drug and addiction policy
Portugal is also becoming a possible partner for Germany because the country exports medicinal cannabis. In Germany, patients with a serious illness have been entitled to cannabis under certain conditions since 2017. The market for Portuguese producers could therefore become larger if recreational cannabis is also legalized in Germany.
“Once the regional pilot projects have started in Germany, politicians from other EU countries should be invited to get an idea of what’s going on,” says Heidenblut. However, according to him, there is still no sign of a majority among the EU states for a comprehensive liberalization of trade. “But there is definitely still potential for persuasion,” he says.
Of course, no one should be allowed to drive while intoxicated.
Swantje MichaelsenGreens traffic expert
The government in Portugal wants to wait and see what the results of the German pilot projects are before deciding in favor of further possible liberalization. In other respects, however, Germany is not a pioneer within the EU when it comes to cannabis policy: As became clear in a government survey in the Bundestag last week, Federal Transport Minister Volker Wissing (FDP) apparently wants the strict limit for the active substance THC to be adhered to in road traffic regulations hold onto.
However, according to studies, the ability to drive is only impaired above the limit value currently applicable in Germany. In the Netherlands, only exceeding a higher limit value has led to a fine for years.
“Of course, nobody should be allowed to drive a car while intoxicated. With the current regulation, however, cannabis consumption is also punished with the withdrawal of a driver’s license if there is no longer any effect,” said the Greens traffic expert Swantje Michaelsen the daily mirror.
At the latest with the legalization of cannabis consumption, a revision of the regulations and limit values must therefore be presented. The revision must have road safety as the top priority “and therefore be aligned with the examination of driving ability,” she demanded. “If necessary, we will clarify this in the parliamentary procedure in the traffic light,” announced Michaelsen.
