Germany: What is already known about the draft law for the legalization of adult use?

More details have recently become known about the German draft law to regulate the adult use of cannabis, which apparently will focus only on associations. The diploma submitted by the Minister of Health, Karl Lauterbach, seeks to clearly regulate the production and sale of cannabis and its 'recreational' consumption. 

The legalization of cannabis in Germany seems to be moving more and more towards a model based on associations or clubs. A first bill, distributed by Minister of Health Karl Lauterbach, has associations as a central component of legalization, with various restrictions on their functioning. In the bill, which has not yet been approved by the government, establishments where cannabis can be bought and sold must be purely “associations”.

It is anticipated, as is normal in the legislative process, that this version of the diploma is not yet final, and it is likely that changes will still occur in subsequent deliberations in the German Parliament (Bundestag).

Germany's plans for legalization

The premises of cannabis associations and where cannabis is stored and cultivated must be fenced and secured, with burglar-proof doors and windows. Greenhouses are required to have a privacy screen. Different states may establish minimum distances between clubs and schools, playgrounds, sports facilities, day care centers and other facilities.

In addition, each association must draw up a youth health and protection strategy and appoint a person responsible for prevention and addiction, who must be trained and regularly attend courses to update skills. Members of the club's board of directors registered in the register of associations must present a certificate of good conduct.

Clubs must ensure that residue limits for plant protection products or fertilizers are adhered to. They must also keep a record of the origin of the seeds, the number of plants cultivated and the seeds they store. Associations must also keep records of the amount of cannabis dispensed and to which members.

Every year, clubs must inform the authorities about the quantities of cannabis (and respective levels of active ingredients – THC and CBD), grown, sold or destroyed in the previous year and what the current stock is.

Cannabis can only be distributed to members, with a monthly limit of 50 grams, and only in “neutral or unpackaged packaging”, so as not to create incentives for consumption by young people. A leaflet with weight, collection date, expiry date, variety and active ingredient content (THC and CBD) in percentage should be mandatory.

The bill, which has not yet been approved, also contains rules for consumption in public: even if cannabis is legalized, there will be restrictions on consumption in the vicinity of nurseries, schools, playgrounds and youth or sports facilities. Consumption may also not be allowed in pedestrian areas between 7 am and 00 pm.

The project, which intends to restrict these substances to minors under 18 years of age, foresees that the youth assistance secretariats (an analogue of the commission for the protection of children and young people) can order participation in “early intervention programs” in case of offenses with minors. Young people cannot enter the spaces of cannabis clubs and members aged between 18 and 21 will be limited to purchasing cannabis with a maximum THC content of 10%, a maximum of 30 grams per month.

The project provides for the previously disclosed member limit of 500, and maintains that the possession of up to 25 grams of cannabis and the cultivation of a maximum of three plants for personal use should be allowed. Free sale in stores dedicated to the effect, one of the models initially intended, will be out of the question for now. However, there is speculation about the possibility of testing it later, as a pilot project, in some municipalities, through other legislation designed for this purpose.

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Antonio João Costa

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I am one of the directors of CannaReporter, which I founded together with Laura Ramos. I am from the unique Island of Madeira, where I currently reside. While I was in Lisbon at FCUL studying Physical Engineering, I became involved in the national hemp and cannabis scene and participated in several associations, some of which I am still a member of. I follow the global industry and especially legislative advances regarding the different uses of cannabis.

I can be contacted by email at joao.costa@cannareporter.eu

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