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Health Minister presents plan to legalize cannabis in Germany today

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4 years ago

October 26, 2022 - Updated on November 17, 2022

Aurélien BERNARD

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On Wednesday, the German federal government will discuss the legalization of cannabis in Germany.

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The key points agreed by Health Minister Karl Lauterbach (SPD) with the Federal Government are to be decided and then drafted into law. The 19-page document, which is available to the German press, envisages the authorization of the sale and possession of «up to a maximum of 20-30 grams of recreational cannabis» for personal consumption.

The legalization of cannabis in Germany in detail

Here's an overview of the most important points in the Ministry of Health's plan to legalize cannabis in Germany. Regular Newsweed readers will find the most important points here. leaked last week to the German press, with a few «upward» changes.

L’cannabis supply, The aim is to protect health and combat organized crime and the black market. The effects of cannabis legalization in Germany will have to be assessed after four years.

According to the key points, the plan calls for’authorize production, processing and distribution cannabis «within a framework authorized and controlled by the State». Self-cultivation for personal consumption should be authorized up to «three female plants per adult person».

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The controlled distribution of cannabis for recreational purposes should take place in officially licensed and controlled stores, possibly also in pharmacies. «Licensed businesses are dedicated solely to the sale and advice of recreational cannabis; there is no connection with the sale of other stimulants such as tobacco and alcohol,» states the text. Advertising of cannabis products is prohibited.

L’minimum age for the sale and purchase of cannabis should be set at 18. Unlike previous plans, there will be no THC content levels per age group. Due to the increased risk of cannabis-related brain damage in adolescence, the document states that a maximum THC limit for adults up to 21 will be considered.

The synthetic cannabinoids will not be allowed.

Various cannabis products available in stores

«Smoking, inhalation, nasal and oral dosage forms in the form of capsules, sprays and drops are authorized», the document states. «An extension to edible products (non-food products offered for oral consumption) will be examined at the latest as part of the evaluation of the law», i.e. within 4 years. Here we find a two-phase articulation of the market, as in Canada where concentrates and edibles were authorized 2 years after legalization.

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As far as minors are concerned, «behaviors that have hitherto been subject to criminal sanctions, notably the cultivation, purchase and possession of cannabis for recreational purposes, must remain prohibited». Beyond the envisaged regulations, «both adults and minors continue to be liable to prosecution, including when trading and placing on the market without authorization in any quantity, as well as acquiring, holding and cultivating in excess of the quantities authorized in each case». Penalties could include up to three years' imprisonment and a fine.

In addition, a cancellation of criminal proceedings is planned. «When the planned new regulations come into force, ongoing investigations and criminal prosecutions for actions that are no longer criminal must be terminated,» says Key Points.

The revenues from cannabis sales should be subject to VAT, in addition to a special «cannabis» tax.

The bill should only be introduced when it appears that there are no legal objections from the EU to the legalization of cannabis, probably the biggest potential obstacle to the legalization of cannabis in Germany.

But there's still a long way to go. Many points may still change during the course of the law's future legislative journey in Germany.

Related Topics:Recreational cannabis Legalization of cannabis

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Aurélien BERNARD

Aurélien founded Newsweed in 2015. Particularly interested in international regulations and the various cannabis markets, he also has an extensive knowledge of the plant and its uses.