”Ordinance, concerning the circulation of pharmacy goods”
"Drugs and chemical preparations" may now only be sold in pharmacies, including "Indian hemp". Until then, cannabis use, among other things, was not regulated in Germany. Source: Wikisource
International Agreement on Narcotics
Cannabis is included in this agreement. Like other narcotics, it will now only be used for "medical and scientific purposes." Source: Wikipedia
Law on drug trafficking (Opium Act)
Four years after the international agreement, the German Reichstag passes the precursor to today's Narcotics Act. For the first time, cannabis is thus illegal for private consumption in Germany. Source: Wikipedia
UN convention on narcotic drugs
Germany is a signatory to the UN Convention on Narcotic Drugs. The German government would probably first have to withdraw from this treaty in order to legalize cannabis. That has not happened so far.
Narcotics Act
The Opium Act is replaced by the Narcotics Act. Cannabis is now completely prohibited: Cultivation, trade, purchase and possession are punishable by law. Source: Bundesgesetzblatt
Schengen Protocol
The Schengen Protocol requires EU member states to prevent and prosecute the export and supply of "narcotic drugs and psychotropic substances of all kinds," including cannabis.
Cannabis decision of the Federal Constitutional Court
"Small amounts" of cannabis will no longer be prosecuted. What constitutes a small amount has not been defined. Accordingly, legal uncertainty remains. Source: Wikipedia.
Hemp to be allowed as a crop again
Farmers are allowed to grow cannabis and only need to report growing it, but are not required to get a permit. Source: Wikipedia.
EU requires member states to prosecute
A Council framework decision obliges members to threaten drug trafficking with "effective, proportionate and dissuasive" penalties. This also applies to cannabis. The only exception: exclusive personal use can be treated differently.
Cannabis as medicine in exceptional cases
Seven German patients are being treated with cannabis extract thanks to an exemption. Source: IACM
Draft "Cannabis Control Act"
The draft is presented by the parliamentary group of Bündnis 90/Die Grünen. The explanatory statement reads: "The policy of prohibition in the field of cannabis has completely failed. Cannabis is the most widely used illegal drug". Furthermore, prohibition is also an obstacle to prevention and trade cannot be effectively regulated. Source: Wikipedia. The bill was ultimately defeated in October 2020.
CBD subject to prescription
In the "Fifteenth Ordinance Amending the Ordinance on the Prescription of Medicines" it is decided that CBD will be subject to prescription. Free sale continues at the same time, if the product is not advertised as a medicine. Source: juraforum.de
Medical cannabis for the severely ill
Cannabis on prescription has been available in Germany since March 2017, but only for seriously ill patients. The federally owned "Cannabis Agency" is "responsible for the controlled cultivation, harvesting, processing, quality testing, storage, packaging and dispensing of medicinal cannabis flowers."
EU takes a stance on CBD
The EU Food Supplements Directive 2002/46/EC considers the use of nutritional plant raw materials such as CBD to be legal. Source: juraforum.de
Study shows economic potential
Legalizing cannabis could bring the German government more than 4.7 billion euros annually. This is the result of a study carried out by the Düsseldorf Institute for the Economics of Competition at the Heinrich Heine University in Düsseldorf. 27,000 legal jobs could be created.
Coalition agreement
The coalition of SPD, Bündnis 90/Die Grünen and FDP is taking on cannabis legalization for private use:
"We are introducing the controlled distribution of cannabis to adults for consumption purposes in licensed stores. This will control quality, prevent the transfer of contaminated substances and ensure the protection of minors." Source: bundesregierung.de.
"The new government is finally taking its cue from facts and boldly leading the way internationally. Many countries will follow this example and also legalize cannabis." – Georg Wurth, spokesman for the German Hemp Association (Deutscher Hanfverband).
Quote
"We now have to accept that many adults use cannabis. What we don't have to accept is that they face enormous health risks in doing so." - Burkhard Blienert, Federal Commissioner for Addiction and Drugs, March 21, 2022. Source: bundesregierung.de
Consultation process
More than 200 professionals will be included in the "consultation process" for the new cannabis law to develop initial proposals within five days. Source: bundesdrogenbeauftragter.de
Federal government policy paper
The German government publishes a "key issues paper". It was intended as a preview of the planned law, which had to be postponed in the end.
Key points:
- Cannabis and the intoxicating substance THC are no longer to be classified as "narcotics".
- Production, supply and distribution can be licensed and controlled.
- Private consumption and cultivation would be legal again within certain limits.
- Specialized shops and possibly pharmacies would offer the products.
- Specifications for quality and purity.
- Minimum age 18, possibly with a cap on THC content until age 21.
Talks with EU Commission
German Health Minister Karl Lauterbach announces that he would submit the ”key issues paper” to the EU Commission, including an "interpretation statement" for a preliminary review procedure (also known as the "EU pilot procedure"). Only then should a legislative text be developed. Source: Legal Tribune Online
Survey on legalization
"A possible legalization of cannabis is still controversial among German citizens. One half (49 percent) currently prefers to maintain the existing ban on cannabis in Germany. The other half (46 percent) would be comfortable with cannabis being available legally and regulated in Germany." Younger and better-educated population groups in particular have a positive attitude toward legalization. – Representative survey by infratest dimap on behalf of the German Hemp Association/p>
Response from the EU Commission
The EU Commission considers a concrete draft law to be indispensable. At the end of 2022, the German Federal Ministry of Health stated that it was now working on an initial draft after all.
Expert opinion against legalization
”The planned legalization of cannabis by the German government contradicts international and European law.” - Expert opinion by Bernhard Wegener, Chair of Public Law and European Law at the Friedrich-Alexander-University Erlangen, commissioned by the Bavarian Minister of Health Klaus Holetschek. Source: Der Spiegel
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Study argues in favor of legalization
A study by the University of Nijmegen in the Netherlands concludes that full-scale legalization would be possible if the state in question "sincerely believes and convincingly argues that it can implement individual and public health, public safety and/or the prevention of violent crime more effectively through this system than it is able to achieve through the prohibitive approach to cannabis for consumption purposes." Source: Legal Tribune Online
Two-pillar model
Federal Minister of Health Prof. Karl Lauterbach and Federal Minister of Agriculture Cem Özdemir present the “Two Pillar Model“. Pillar 1: Cultivation of consumer cannabis. Pillar 2: Cannabis in model regions.
Draft of the Cannabis Act
This is the law that will regulate the first of the two planned pillars, i.e. communal, non-commercial home cultivation (cannabis clubs) and private home cultivation of cannabis for consumption. The draft is largely in line with what was announced in April (see above). Stakeholders were given the opportunity to comment.
Federal Cabinet approves draft
The German Chancellor and the ministries (the Federal Cabinet) have discussed and approved the draft.
Bundesrat criticizes bill
Although the Bundesrat, the part of the German parliament representing the federal states, does not have to approve the law, it does give its opinion on it. The bill has received much criticism, especially from states led by the conservative CDU/CSU.
Draft in parliament
The draft for the first pillar will be submitted to the Bundestag. A notification procedure with the EU should then no longer be necessary. The Bundesrat, the upper house of the German parliament, will also no longer be able to prevent it. There will be a total of three readings of the draft.
Hearing
There is an "expert hearing" in the Health Committee: experts have their say here. Final changes to the law are possible.
Bill revised
Extensive feedback has been incorporated into proposed amendments to the Cannabis Act.
Law passed in the Bundestag
The German Bundestag passed the law with 407 to 226 votes. This clears the way for implementation.
