From April 1, 2024, the private possession and cultivation of cannabis will be decriminalized in Germany, as long as certain rules and limits are observed. From July 1, cannabis clubs (“cultivation associations”) will be added. In contrast, the open sale in stores has been postponed indefinitely.
It is not easy for laymen to understand how strict and sensible the regulations in the upcoming Cannabis Act (CanG) are. To make this clearer, we draw a comparison to another intoxicant that many Germans are very familiar with: beer.
To do this, we imagine a parallel universe in which the roles of cannabis and beer in Germany are exactly reversed.
Here is our report.
The two-pillar model of beer legalization
The current coalition government has set out to legalize alcohol under certain conditions and strict limits and regulations.
The reason: Despite decades of alcohol prohibition, consumption continues to be brisk. The products come from questionable sources. Often the alcohol content is not clear and the drinks may contain dangerous admixtures. The consequences can be drastic, ranging from blindness to death.
Just last year, an underground organization was uncovered in Bavaria that had organized week-long drinking binges under the name “Oktoberfest”. The police painted a horrific picture of these events: vomiting and unconsciousness were apparently common. Some participants even ended up in the hospital. There were also reports of fights and vandalism.
Last year, the Bavarian police were able to arrest the ringleaders of the “Oktoberfest” mafia.
Protecting minors has been particularly problematic so far, because the illegal beer dealers pay no attention to age restrictions.
Hard alcohol such as wine remains prohibited
The Beer Act (BierG) is now intended to create a framework to legalize beverages with a low alcohol content of no more than 5%. Hard alcohol such as wine or even spirits remain prohibited due to their significant addictive potential, serious health risks and possible social consequences.
The bill emphasizes that it aims to strengthen the protection of minors. Extensive education campaigns on the dangers of drinking beer are planned. In addition, politicians hope to relieve the burden on the police, courts and prisons. The previous ban on beer has failed, according to the introduction to the law. Therefore, a limited legalization of beer is the better solution to control the quality of the products (“purity law”) and the sale.
The original idea of allowing beer to be sold in specialized stores or through pharmacies was dropped by the federal government at an early stage. These plans collided with European law and international treaties. Demands by interest groups for commercial beer production (“breweries”) and the serving of beer in licensed restaurants (“pubs”) had already been rejected as too far-reaching.
Therefore, the federal government has now agreed on a two-pillar model:
- Pillar 1: Private possession and consumption of beer will be allowed under certain conditions. Interested parties can either brew their own beer or join a beer club (“brewing association”).
- Pillar 2: The sale of beer in licensed stores and pharmacies is to be tested in the context of model regions under scientific supervision.
The existing regulations for the production and distribution of alcohol for medical and industrial purposes remain unaffected.
Bottles holding 0.33 liters of beer are popular in the scene.
The regulations of the first pillar in the Beer Act (BierG)
Although the possession and consumption of beer will be legalized in Germany from April 1, there are numerous important restrictions.
For example, the maximum amount of beer that you are allowed to store at home is 40 liters. This corresponds to 5 cases of beer with 0.33 liter bottles – a size that is popular in the scene. However, it is more common to store beer in a single “beer keg”.
But how can you get hold of this beer legally? As of April 1, there is only one option: brew it yourself. It is important that the home-brewed beer be stored in a lockable room to prevent misuse by children and young people as well as theft. In addition, the brewing of beer must not cause a nuisance to neighbors. So appropriate precautions such as comprehensive ventilation must be taken. Interested parties may import the ingredients for brewing from other EU countries. Important: you may only brew once a year, no more. So the five cases of beer must last for a year. In addition, you may not store more beer than allowed at any time. There are no exceptions.
Private beer brewers must be at least 18 years old and have their usual residence in Germany.
Consumption is strictly regulated. For example, it is forbidden to serve home-brewed beer to third parties. Minors may not be present when beer is being drunk, otherwise heavy fines may be imposed. Drinking beer in public and especially within 100 meters of a children's or youth facility is also prohibited and will be severely punished.
The brewed beer is usually stored in “barrels” like these. One barrel per household per year with a maximum capacity of 40 liters is allowed.
From July 1, another option for purchase will be added: beer clubs (“brewing associations”). They are non-commercial, registered associations. The members agree to produce the beer together – a lengthy process. The brewing association's building must be secured against burglary and the brewing equipment must not be visible from the outside.
The jointly brewed beer is distributed among members. The club must document in detail which quantities of beer go to which members. The beer is filled into neutral containers and an information label must be enclosed, declaring the key data of the beer, such as the alcohol content, pointing out the health risks and referring to support facilities.
Consuming beer on the premises of the beer club is prohibited. Minors are generally not allowed.
The second pillar of the Beer Act: model regions
In a second step, the federal government plans to test the sale of beer in licensed stores and pharmacies. This is to take place in model regions and will be scientifically monitored. The government hopes that this will provide insights into the effects of a more comprehensive legalization of beer.
So far, there is no timetable for this second pillar. This raises the question of whether this part of the project will be implemented at all.
The hopes of stakeholders that commercial “breweries” will be allowed have thus receded into the distance. Even the serving of beer in “pubs” currently seems highly unlikely.
Criticism is coming from all sides
Bavarian politicians, in particular, are critical of beer as a “liquid drug”, saying that the health risks are being played down.
Critics doubt that the Beer Act can achieve the goals it has set for itself. After all, it will probably still be easier for occasional consumers in particular to obtain beer from illegal sources. The rules surrounding the purchase and consumption of beer are too strict and stigmatize beer drinkers, explained the German Beer Association (DBV), for example.
At least, however, passionate beer drinkers will no longer be subject to draconian penalties for simply possessing the beverage, as was the case in the past. Merely possessing beer could lead to the revocation of a driver's license, even if the person was never caught driving under the influence of alcohol.
Others criticize the legalization of beer as a whole. Alcohol is harmful to health in any quantity. The brain is not fully developed until the age of 25, and the minimum age of 18 for drinking beer is therefore too low. In addition, alcohol promotes aggressive and dangerous behavior, which can have catastrophic effects in the workplace or in traffic, for example.
It is irresponsible to give the “liquid narcotic” the official blessing of the state, explained the Bavarian CSU, for example. It is a well-known gateway drug.
Appendix: Calculation of the upper limits for beer ownership in the fictitious BeerG
The Cannabis Act stipulates a maximum amount of 50 grams of cannabis that can be stored at home. For this scenario, we asked ourselves: What amount of beer corresponds to 50 grams of cannabis?
The question is not so easy to answer because alcohol and cannabis have very different effects. Accordingly, we can only approximate the truth.
Here is our line of thought:
The University of Düsseldorf estimates that “regular consumers” consume 0.7 grams of cannabis on a day of consumption. In this case, 25 grams is enough for 71.4 days of consumption.
The university also estimates that these users have about 120 days of use per year. Put simply, this corresponds to use every three days. And that in turn means that the 50 grams are sufficient for 214.2 days (3 x 71.4 = 214.2), or 30.6 weeks.
For alcohol, we can compare this figure with general recommendations for moderate consumption. A rule of thumb says: no more than 20 to 24 grams of pure alcohol per day for men and half that for women. 0.5 liters of beer with 5% alcohol corresponds to 20 grams. In other words: half a liter of beer per day for men and 0.25 liters for women, with two alcohol-free days per week also recommended.
Incidentally, experts such as the German Head Office for Addiction Issues consider these limits to be outdated, since, in their view, any amount of alcohol causes health damage and impairments. But for the purpose of our scenario, we have used these figures.
We now use the lower limits of the recommendations: 0.25 liters of beer per day, 5 days per week. The reason: Although the Cannabis Act legalizes the possession and consumption of cannabis, it wants to avoid promoting consumption. Therefore, we also use the most conservative figure for beer.
Let's assume that the fictitious Beer Act would set a maximum quantity similar to that of the Cannabis Act. This quantity should also be sufficient for 30.6 weeks – with 5 days of consumption per week and a 0.25-liter beer each. That makes 38.25 liters of beer. For simplicity's sake, let's say 40 liters.
For comparison: a standard crate of beer contains 24 bottles of 0.33 liters, or just under 8 liters. Thus, 5 crates of beer would be the maximum amount that you can store at home.
However, one important difference remains: beer is brewed, cannabis is harvested. While you can directly influence the amount of beer brewed, this is only possible to a very limited extent with cannabis. For example, although the Cannabis Act allows for up to three plants to be grown for personal use, it is highly likely that these will yield more than the 50 grams of cannabis.
And while you can brew new beer anytime you want, marijuana plants can only be harvested once a year. That is why we added the rule to the fictitious BeerG that brewing is only allowed once a year, in order to create a similar restriction here.
Vitamin D and Breast Cancer
