Will the Maginot Line of cannabis fall with Germany?

The Bundesrat, the upper house made up of representatives from Germany's 16 Länder, will today, March 22, consider the CanG, the law that would open the way for the legalization of cannabis in Germany, passed last month by the Bundestag. Although the Bundesrat can no longer block the law, only delay it, a majority in favor of legalization seems to be emerging in light of some concessions made by the federal state. What does this mean for the rest of Europe?

What's in German cannabis regulation?

The German cannabis regulation will take place in 2 phases.

If the Bundesrat gives its approval on March 22, possession and home cultivation will become legal on April 1. Cannabis Clubs, hundreds of which have already been created, will be able to start operating from July 1. Cannabis will no longer be subject to German opium law, but strict rules will apply.

For example, smoking in public spaces will become legal, but will remain prohibited in pedestrian zones between 7 a.m. and 8 p.m. and within 100 meters of schools and nurseries.

Separate rules apply to young people aged 18 to 21: they can keep a maximum of 30 grams of cannabis at home and buy a maximum of 30 grams per month from a club. This cannabis must contain no more than 10% THC, while for older club members, there is no limit. It is not permitted to become a member of more than one Club, which will be reserved for German residents.

The second phase, the introduction of retail sales of cannabis, will follow, subject to agreement with Europe. that Germany is currently hoping to achieve.

Concessions to the Länder

The German federal government has made significant concessions to dissuade the Länder from requesting the creation of a mediation committee within the Bundesrat to address concerns about cannabis legislation. A «declaration protocol» has been issued to address these concerns, which includes commitments such as the guarantee of ongoing funding of six million euros for cannabis prevention beyond 2024 and the allocation of 20 million euros for a prevention center, exceeding previous plans.

To allay concerns about Cannabis Clubs, the government is proposing to reduce the hitherto annual frequency of inspections to «regular inspections», and to exclude large cultivation areas to prevent these associations from becoming commercial operators. In addition, the outsourcing of certain activities to contractual partners would be prohibited.

Despite these concessions, the federal government intends to maintain retroactive remission of sentences, forcing judicial authorities to re-examine cases in which cannabis-related sentences have not been carried out. This has raised concerns about the potential overloading of the judicial system, with fears of compensation claims in the event of delays in proceedings.

The decision to call in a mediation committee remains uncertain, with Saxony, Lower Saxony, Bremen, Berlin and Hesse leaning towards abstention. Although some states have expressed their intention to involve the committee, the likelihood of a majority supporting it is diminished by the protocol statement of the federal government.

As a result, the partial legalization of cannabis in Germany could go ahead as planned on April 1.

A domino effect for Europe?

If Germany definitively legalizes cannabis, will its decision bring about a change in European attitudes to cannabis consumption?

Legalization will de facto create new economic opportunities linked to the Clubs. While the cannabis industry will be largely absent, it is counting on the expansion of the medical cannabis sector to gain a stronger foothold. This should lead to job creation and tax revenues for Germany, which could encourage other European countries, particularly those facing economic difficulties, to consider similar policies to take advantage of a booming cannabis market.

Germany's decision could also intensify pressure on other European countries to harmonize their cannabis laws, or at least consider reform. This pressure could be particularly felt in EU countries where citizens and policy-makers are already advocating the legalization or decriminalization of cannabis, such as Belgium, Spain and the Netherlands.

The legalization of cannabis in Germany could lead to competition between European countries to attract cannabis-related business and investment, resulting in a race to establish favorable regulatory frameworks. On the other hand, it could also foster cooperation between countries to solve cross-border problems linked to the cannabis trade, such as smuggling and regulatory inconsistencies.

The impact on drug policy discourse should not be overlooked. Germany's legalization could raise the level of drug policy discourse at European level, sparking discussions on the effectiveness of prohibition versus regulation, harm reduction strategies and public health approaches to drug use. This could pave the way for more progressive drug policies across Europe, challenging the predominance of punitive approaches.

And finally, if Germany manages to implement cannabis legalization and achieve positive results in terms of public health, safety and the economy, other European countries could follow suit. The result could be a domino effect, with other countries opting for legalization or decriminalization and reshaping the landscape of drug policy in Europe.

And put an end to the Maginot Line, which has never prevented the production, sale and consumption of cannabis, but which encourages trafficking and the marketing of poor-quality products?