It is one of the big social projects of the traffic light coalition: Smoking weed should soon be legal for adults within limits. But it’s still exciting on the home stretch.
The last few meters are once again a thrilling experience. The hotly contested legalization of cannabis will finally come before the Federal Council today. According to the law passed by the Bundestag, adults should soon be able to smoke the first permitted “joints”: on Easter Monday, April 1st.
But there are broad objections among the countries against the traffic light coalition’s plans for a controlled release of the drug with various rules. There is now a showdown in the Federal Council as to whether the schedule sticks or the whole project only goes to the mediation committee – delays included.
Why is legalization even happening?
It is a turning point in drug policy. So far, consumption has been increasing, especially among young people, despite the existing ban on purchase and ownership, according to the draft law. Cannabis from the black market is also often affected by contamination and additives. Health Minister Karl Lauterbach (SPD) is committed to limiting risks and pushing back the black market. But he also emphasizes the message: “It will be legal, but there are problems.” Until now, many parents did not know how harmful consumption was. Young adults in particular should be made aware of the increased risks.
How should legalization be implemented?
Cannabis is removed from the list of prohibited substances in the Narcotics Act. In future, dealing with it will generally be prohibited by law – but with three specified exceptions for people aged 18 and over. These concern the ownership of certain quantities, private cultivation as well as cultivation and distribution in special associations. In general, personal consumption is not one of the prohibited activities according to the international legal framework, as stated in the draft law. The use of cannabis and consumption in the military areas of the Bundeswehr should remain taboo.
What exactly should be possible for adults in the future?
The possession of up to 25 grams of dried plant material for personal consumption should be permitted, which can also be carried with you in public spaces. You should be able to store up to 50 grams in your private apartment. Three plants can also be grown there at the same time. Anything beyond this must be destroyed immediately. Harvesting may only be done for personal consumption and not for passing on to others. Seeds, plants and harvested hashish and marijuana must be protected against theft and access by children – for example with lockable cupboards and rooms.
What should cannabis cultivation clubs look like?
“Growing associations” will also be allowed on July 1st. So something like clubs for adults, in which up to 500 members who live in Germany grow cannabis and distribute it to each other for their own consumption – a maximum of 25 grams of cannabis per member in one day and a maximum of 50 grams per month. For 18 to 21 year olds 30 grams per month with a maximum of ten percent tetrahydrocannabinol (THC) are permitted, which is the substance with the intoxicating effect. The clubs must be organized as non-commercial associations and require a permit that is valid for a limited period of time. The attached building may not be an apartment and may not have conspicuous signs. Advertising is taboo, including cannabis consumption directly on site. Cultivated areas and warehouses must be secured, and rules should apply to transport.
What about children and young people?
The purchase, possession and cultivation of cannabis remains completely prohibited for minors, as the Ministry of Health emphasizes. Passing it on to children and young people is a punishable offense. Consumption “in the immediate presence” of people under 18 should be prohibited, as well as in pedestrian zones from 7 a.m. to 8 p.m. Smoking weed is also prohibited in playgrounds, schools, children’s and youth facilities, sports facilities and within sight of them – i.e. within 100 meters of the entrance area as the crow flies. Initially 200 meters were planned.
What exactly is happening in the Federal Council?
Several committees of the state chamber have listed objections and recommend that the law be referred to the mediation committee. The plenary session will now vote on whether the Federal Council will do it. This would require at least 35 of the total 69 votes. If they do not come together – even because of abstentions – the way is clear for cannabis legalization on April 1st. Then all that is missing is the signature of Federal President Frank-Walter Steinmeier and the official proclamation of the law. The Mediation Committee is a joint committee of the Bundestag and Bundesrat to find compromises in disputes. And procedures there can usually take a few weeks or months.
What are the biggest criticisms?
In addition to broad criticism from medical associations, the police and judiciary and from domestic politicians, protests have also formed in the Federal Council. The leading health committee proposes to postpone the entire law until October 1st and to reduce the legal possession amounts. The Interior Committee warns that several cultivation associations should not operate in the same place or in the same house in order to prevent “plantations”. There is also criticism of distance rules that are too low. A planned amnesty for old cases that would no longer be punishable under the new law has caused a lot of anger because of fears that the judiciary would be overburdened.
How is the federal government reacting?
Lauterbach warned that the law would not only be delayed in the mediation committee, but could even die due to maneuvers by the CDU and CSU. Leading Union politicians have made no secret of the fact that they are not interested in improvements. “It would be desirable if this law never came out of the mediation committee again,” said CSU regional group leader Alexander Dobrindt. In order to avert this, Lauterbach approached the states and recorded some of the committees’ concerns in a statement that the government put on record in the Bundesrat. Among other things, it guarantees more education and prevention as well as more flexible implementation rules.
What regulations still exist with legalization?
At the same time, the Ministry of Transport is currently examining how a THC limit could be set for cannabis while driving – similar to the 0.5 per mille limit for alcohol. Expert suggestions should be available by the end of March. Sanctions are also regulated: adults who have up to 30 grams of cannabis with them or up to 60 grams at home are committing an administrative offense. If there are more, you are still committing a crime. With the planned amnesty, those affected should also be able to apply for the corresponding entries in the Federal Central Register to be deleted. This is relevant, for example, for certificates of good conduct.
What’s next?
If the Federal Council sends the law to the mediation committee, the struggle for a solution will enter the next round – the outcome is unclear, and the April 1st deadline has been canceled. If the Federal Council passes the law, there won’t be much time left before it comes into force. Some time in advance will probably be necessary to set up cannabis clubs. And the government would have to take action and implement subsequent changes to the law before July 1st, as promised in the protocol statement. A planned second pillar of legalization is on hold anyway: model projects for dispensing cannabis in licensed shops.
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
