International

Germany: Final vote on cannabis legalization postponed again to 2024

Published

2 years ago

December 7, 2023

João Xabregas and Margarita Cardoso de Meneses

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Advances and setbacks, this is what has marked the discussion about the legalization of cannabis in Germany. The long-awaited final vote on the legalization bill was, once again, postponed this week. The decision came following doubts expressed by some members of the Social Democratic Party (SPD), which increases the level of uncertainty in the legislative process for recreational cannabis in the country.

Dirk Heidenblut, member of the SPD in the German Bundestag and responsible for the party's policy on cannabis, highlighted the need for approval from parliamentary groups. Olivia Ewenike, a German cannabis lawyer and co-founder of the Lito Law Academy, explained to Cannareporter that “some members of the parliamentary group for home affairs had already announced that they would vote against the proposal under discussion, so the leadership of the parliamentary group leaned towards to remove the matter from the agenda of the last session of the year”.

Heidenblunt, for his part, said that if the leaders of the different benches, namely the SPD, express concerns, the bill will not be able to move forward at this time. Despite the setback, Heidenblut assured that, as long as the measure progresses until the end of January, the delay should not have a significant impact on the general implementation schedule for the legalization of adult use of cannabis.

Legislative obstacles and delays

This recent postponement joins a series of previous postponements, which have prevented the bill from progressing through Parliament. Initially scheduled to be debated in October, the first postponement apparently occurred due to geopolitical events in Israel and Palestine. Subsequent ones were made as legislators sought to improve the bill.

Addressing concerns and making changes

Although Heidenblut did not delve into the SPD's specific concerns, recent criticism in the Bundestag is based on persistent hesitancy regarding policy change. Health Minister Karl Lauterbach defended the legislation against claims it could encourage cannabis use by young people, highlighting the focus on education and maintaining a ban on sales to minors.

Lawmakers also made some adjustments to the bill, easing restrictions that faced opposition in the Bundestag. These changes include increasing the limits for possession of dried flower at home, from 25 grams to 50g, and eliminating the possibility of a prison sentence for possessions just over the permitted limit. According to Ewenike: “those who slightly exceed quantities (up to 30 g of dried flower in public and up to 60 g at home), which would otherwise be subject to a prison sentence of up to 3 years, will now only face an 'administrative offence' ”, that is, an administrative offence. Beyond these limits, it will be considered a crime.

Revised execution calendar

In a compromise, lawmakers agreed to a staggered implementation of the reform. From April onwards, possession and home cultivation will become legal for adults, followed by the opening of social clubs that distribute cannabis to their members in July 2024.

The reason for this latest delay is still unclear. Some speculate that there is internal criticism within the SPD of the content of the bill, while others question the relevance of focusing on cannabis-related issues in the midst of a budget crisis before Christmas. The Bundestag may resume discussion of the measure in mid-January or even February of next year.

Political reactions and advocacy

Politicians from various parties expressed their disappointment with the delay. Kirsten Kappert-Gonther of the Green Party lamented the absence of cannabis on the legislative agenda, but remained optimistic about an April implementation date, if priority is given to the bill in early 2024.

In the midst of political debates, Ates Gürpinar, from the Left party, criticized the SPD leadership, describing his position as “politically foolish” and a concession to right-wing cultural opposition. The public, represented by voices like Carmen Wegge, expressed his dissatisfaction and called for continued defense of the cause.

Support actions and the legislative path forward

A German Hemp Association started a protest action, calling on lawmakers to move the legalization bill forward without further restrictions. They argue that the SPD's hesitation not only puts the legalization timetable at risk, but also contradicts the supposed agreement on the content of the bill between other political parties.

Once the final reading in the Bundestag has been completed, the bill will pass to the Bundesrat, which represents the German states. Although members of the Bundesrat attempted to block the reform in September, their efforts were unsuccessful.

“The population and the cannabis community are becoming increasingly nervous, but many politicians point to a definitive advancement of the law”, says Olivia Ewenike.

The legalization proposal, defended by Health Minister Karl Lauterbach, was the subject of an exhaustive analysis and a negotiation process within the German administration. Lauterbach stressed the need to link the reform to a significant public education campaign about the risks of cannabis use.

International context and support

Germany's efforts to legalize cannabis have attracted international attention, with officials from several countries, including the US, meeting last month to discuss cannabis policy. Germany's delay follows a pattern of global interest in cannabis reform, with lawmakers seeking to learn about other nations' experiences.

As Germany confronts this temporary setback, the outcome of the vote and subsequent legalization efforts will be closely watched, not only at home, but also by advocates and onlookers around the world. The delay highlights the complexities surrounding cannabis legalization and the diverse perspectives shaping the legislative path.

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[Disclaimer: Please note that this text was originally written in Portuguese and is translated into English and other languages using an automatic translator. Some words may differ from the original and typos or errors may occur in other languages.]

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João Xabregas

With a professional background in CAD technical drawing (2D and 3D), João Xabregas is an activist and advocate for all uses and applications of cannabis. He discovered and entered the world of cannabis during his youth, where he developed a special interest in the cultivation of the plant, which led him on a journey of self-learning through the world of cannabis that continues to this day. His adventures linked to cannabis cultivation began with the same goal as many others: to be able to guarantee the quality and eliminate any possible risks to his health of what he consumed, as well as to avoid any type of dependence on the illicit market. However, he quickly began to view the world of cannabis and everything related to it with a very different perspective. He admits the enormous passion he has for the most persecuted plant in the world and about which he is always willing to write and have a good conversation.

Margarita Cardoso de Meneses

Margarita has been a regular contributor to CannaReporter since its inception in 2017, having previously worked for other cannabis-focused media outlets such as Cáñamo magazine (Spain), CannaDouro Magazine (Portugal) and Cannapress. She was part of the original team for the Portuguese edition of Cânhamo in the early 2000s and was part of the organisation of the Global Marijuana March in Portugal between 2007 and 2009.

She recently published the book “Canábis - Maldita e Maravilhosa” / "Cannabis - Cursed and Wonderful" (Ed. Oficina do Livro / LeYA, 2024), about the history of the plant, its ancestral relationship with Humans as a raw material, an entheogen and a recreational drug, as well as the infinite potential it holds in medical, industrial and environmental terms.

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