Law before decision

Automatically stored draft

Cannabis should soon be legally available in Germany for everyone over the age of 18.

(Bild: creativefamily - stock.adobe.com)

Supporters can hardly wait, critics warn of a completely wrong step: after decades of debate, the legalization of cannabis in Germany is on the horizon. The Bundestag is set to approve the coalition's legislative plans this Friday - it's not about complete legalization, but rather controlled legalization with numerous rules. It is expected that adults will be able to smoke the first "legal" joints from April 1.

However, the whole project is far from uncontroversial.

• Why legalization at all?
  "We need to adapt cannabis drug policy to social reality in order to combat the black market and protect children and young people in particular," says Green Party health expert Janosch Dahmen. "Beyond some outraged rhetorical clouds of smoke, the sober figures unfortunately show that a pure ban does not lead to fewer people consuming cannabis - on the contrary, the consumption of young people in particular is increasing." Minister Karl Lauterbach (SPD) also emphasizes the message: "It may be legal, but there are problems." Many parents are still unaware of how harmful consumption is. Young adults in particular should be made aware of the increased dangers.

• How will legalization be implemented?
  Cannabis will be removed from the list of prohibited substances in the Narcotics Act. In future, it will be prohibited by law - but with three defined exceptions for people aged 18 and over. These relate to the possession of certain quantities, private cultivation and cultivation and distribution in special clubs. According to the draft law, personal consumption is generally not a prohibited activity under international law. The handling of cannabis and its use in military areas of the Bundeswehr are to remain taboo.

Cannabis should soon be legally available in Germany for everyone over the age of 18.

(Bild: creativefamily - stock.adobe.com)

• What exactly should be possible for adults in future?
  Possession of up to 25 grams of dried plant material for personal consumption is to be permitted, which may also be carried in public places. Possession of up to 50 grams is to be permitted in private homes. Three plants may also be grown there at the same time. Any more than this must be destroyed immediately. Plants may only be harvested for personal consumption, 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 cabinets and rooms.

• What should cannabis cultivation clubs look like?
  "Cultivation associations" are also to be permitted. These are clubs for adults in which up to 500 members residing in Germany grow cannabis together and supply it to each other for personal consumption - with a maximum of 25 grams of cannabis per member per 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) is permitted, which is the substance with the intoxicating effect. The clubs are to be organized as non-commercial associations and require a temporary permit. The cultivation building must not be an apartment and must not have any conspicuous signs. Advertising is taboo, as is cannabis consumption directly on site. Cultivation areas and storage facilities must be secured, and there are rules for transportation.

(Bild: stock.adobe.com)

(Bild: stock.adobe.com)

• What other requirements apply?
  In order to obtain community-grown cannabis, you must receive it in person on site - and present your membership card and an official photo ID. Only cannabis in its pure form is permitted, i.e. as dried flowers and leaves close to the flower (marijuana) or separated resin (hashish). Mixtures or compounds with tobacco, nicotine or food are prohibited. The packaging must be neutral. Among other things, the weight in grams, the variety, the average THC content in percent and information on the risks of consumption must be listed on an information leaflet. A purchase price may not be charged; the associations are to finance themselves through their membership fees. Documentation requirements and official controls are also regulated.

• What about children and young people?
  The purchase, possession and cultivation of cannabis remains completely prohibited for minors, as the German Ministry of Health emphasizes. Passing it on to children and young people is a punishable offense. Consumption "in the immediate presence" of under-18s will be prohibited, as well as in pedestrian zones from 7 am to 8 pm. Smoking pot will also be banned in playgrounds, schools, children's and youth facilities, sports facilities and within sight of them - i.e. 100 meters as the crow flies around the entrance area. Initially, 200 meters were planned.

• How widespread is cannabis use?
  According to the Ministry of Health, no valid data is yet available on how much cannabis is consumed for non-medical purposes. According to studies, 4.5 million adults have reported using cannabis at least once in the past twelve months - 10.7 percent of men and 6.8 percent of women. According to the study, consumption was most widespread in the 18 to 24 age group. According to experts, there are particular risks of psychological, physical and social impairments up to the age of 25 due to the ongoing maturation process of the brain.

• What happens next?
  After the planned Bundestag resolution, the law will finally be passed by the Bundesrat. It does not require approval. In principle, however, the chamber of the federal states could call on the joint mediation committee with the Bundestag to slow down the plans. Alongside legalization, the German Ministry of Transport is also currently examining how a THC limit for cannabis at the wheel could be formulated - similar to the 0.5 per mille limit for alcohol. Once the law comes into force, there should also be an amnesty on convictions for cases that are permitted in the future. A planned second pillar of legalization - model projects with licensed stores - is on hold for the time being.