Germany announces details of Legalization Draft

The proposal requires cannabis to be grown by licensed cultivators, and sold only through licensed storefronts in order to deter black market sales. Residents can grow up to three plants at home and may purchase and possess up to 20 - 30 grams of cannabis.

In June, the German government held hearings on recreational cannabis reform where more than 200 people participated. On Oct. 19, Lauterbach announced the country’s plans to create a reform bill, and an early draft of German cannabis legislation was leaked by the RND newspaper group. According to the early draft, products would be capped at 15% THC for adults over 21, and 10% for those between 18-21, and residents would be permitted to grow two plants at home.

Health Minister & the details of Legalization

German legislators have officially presented plans for the country to decriminalize cannabis sales and possession. According to Health Minister Karl Lauterbach who spoke at a press conference in Berlin on Oct. 26, the legalization proposal will next be sent to the European Union (EU) Executive Commission to ensure that it meets current EU standards, followed by final approval by the German Bundestag. If it passes muster, the legislation proposal will proceed “on this basis” if it is approved, according to Associated Press.

Lauterbach described the current legislation “could be a model for Europe,” although it wouldn’t take effect until at least 2024. It is expected that a revised draft will be presented sometime within the first quarter of 2023.

The proposal requires cannabis to be grown by licensed cultivators, and sold only through licensed storefronts in order to deter black market sales. Residents can grow up to three plants at home and may purchase and possess up to “20 to 30” grams of cannabis.

Lauterbach explained the nature of this proposal in comparison to preexisting cannabis legislation in other European countries. “This would be, on the one hand, the most liberal cannabis legalization project in Europe, and on the other hand it would also be the most tightly regulated market,” he said. Among many of the driving factors is consumer safety. “We don’t want to expand cannabis consumption but to improve the protection of youth and health,” he said, according to The Guardian.

Although the health minister previously opposed legalization, he recognized that current laws were working. According to Lauterbach, the country is home to 83 million people, and approximately 4 million of them consumed cannabis in 2021. Among the population, a quarter of young adults between the ages of 18-24 have consumed cannabis before as well.

Lauterbach also brought up that Germany is taking a drastically different approach to legalization in comparison to its northern neighbor, the Netherlands. “What we have learned from the Dutch experience is that we don’t want to do it that way,” he explained. “We want to control the entire market.”

Ultimately, there are no plans to allow consumption on site at cannabis retailers. Other restrictions for dispensaries would include not being located near schools, and stores that cannabis cannot also sell alcohol or tobacco. Quality requirements are also expected for German cannabis products.

Lauterbach said the government hasn’t decided if it wants to require a tax on top of the normal sales tax, stating that the product shouldn’t be more expensive than black market products.

According to business owners such as SynBiotic Chief Executive Officer Lars Mueller, the reform plan is “like winning the lottery,” he said, as stated by Bloomberg. “When the time comes, we’ll be able to offer franchise-like models for cannabis retailers, in addition to opening our own stores.”

In May, the German Bundestag put pressure on its Health Department, threatening to reduce its funding if it did not begin to work on a legalization draft proposal.

The country of Malta became the first in the EU to legalize adult-use cannabis in December 2021, and Germany could become the second to follow suit (medical cannabis has been legal in Germany since 2017).

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