The traffic light coalition wants to legalize the use of cannabis within certain limits. A CSU MP has doubts that the plans conform to EU law. A new report takes a similar view.
According to a report by the scientific services of the Bundestag, there are limits under European law to the extensive decriminalization of cannabis in Germany. According to the authors, it seems “doubtful whether state or state-controlled cannabis cultivation and delivery systems for private pleasure purposes” fall under a relevant opening clause, according to the report that the German Press Agency in Berlin has available and about which the “Spiegel” first reported.
The CSU MP Stephan Pilsinger, who commissioned the report, therefore sees central parts of the federal government’s legalization plans as “legally extremely problematic, if not outright inadmissible”, as he told the “Spiegel”.
Can personal use be secured?
Against the background of the legalization plans in Germany, the report discusses in detail where the limits of approval for private consumption lie. According to the experts, the central issue with regard to the planned approval of cannabis clubs is whether it can be ensured that cultivation and possession are exclusively for personal use.
According to the current government plans, the clubs in Germany should be pure “cultivation associations”. Cannabis should only be given to members. Basically, the possession of up to 25 grams of cannabis and the cultivation of a maximum of three plants for personal use should be allowed. There should not be a free sale in special shops. It is planned to test this later in some municipalities as a pilot project.
Pilsinger criticized that in the planned cannabis clubs there was too high a risk that the plants would be sold or bequeathed to non-members. In addition, there are strong doubts that the delivery options provided for in model regions would conform to European law. Key points of the plans were presented by Federal Health Minister Karl Lauterbach (SPD) and Agriculture Minister Cem Özdemir (Greens) in April.
Source: Stern
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