Germany publishes first draft of recreational cannabis law

The German Ministry of Health has unveiled the first official draft of its bill to legalize cannabis and submitted it for review by government officials and the public.

Health Minister Karl Lauterbach said that the country «can dry up the black market and combat crime by allowing the sale of cannabis to adults within clear limits.» He also emphasized that safeguards would be put in place to prevent young people from accessing cannabis.

Details on the Upcoming Legalization of Cannabis in Germany

The proposal would allow adults aged 18 and older to grow up to three plants for personal use. Individuals would not be permitted to produce concentrates from cannabis.

Personal possession would be limited to 25 grams, with exceptions for people working at Cannabis Social Clubs. These clubs could not be located within 200 meters of a school, and each city or district could have only one club for every 6,000 residents.

A license to operate a cannabis club would be valid for a maximum of seven years, with the possibility of obtaining an extension after five years. According to the bill, membership in the clubs must last at least two months.

Following an administrative review, the first pillar of the legalization plan is expected to be submitted to the Cabinet next month. The authorities aim to publish the second pillar separately which will involve the launch of a pilot program for the commercial sale of cannabis during the second half of this year.

«Current trends show that cannabis use is on the rise, particularly among young people, despite existing prohibition laws,» states the summary of the new bill.

«The law aims to contribute to better health protection, strengthen education and prevention efforts regarding cannabis, curb the illegal cannabis market, and strengthen the protection of children and youth. To protect consumers, it is necessary to monitor the quality of cannabis intended for consumption and prevent the distribution of contaminated substances.».

«The bill will facilitate the responsible use of cannabis by consumers,» it states. «Private home cultivation, noncommercial community cultivation, and the controlled transfer of cannabis to adults for their personal use are now permitted.»

The summary of the 163-page bill It also provides an estimate of the costs associated with implementing and regulating the program, as well as the savings resulting from reduced inspections and the new revenue expected to be generated by taxes on the wages of people working in cannabis clubs.

As the German government works to move forward with the first phase of legalization, it plans to submit the legislation on the separate commercial pilot program to the European Commission for review before adopting it.

The measure, as previously described by the authorities, would authorize the sale of cannabis by retailers in certain jurisdictions across the country as part of a pilot program that would allow the country to evaluate whether to continue the reform over a five-year period. More specifically, the authorities would study the impact of these stores on consumption trends and the illicit market. Localities would have to decide whether to authorize the opening of these stores.

The health minister provided details for the first time on the legalization plan revised in April. The following month, he distributed the legislative text to the members of the cabinet.