Germany's plan to legalize cannabis moves a step closer to approval

Last Friday, the plan to legalize cannabis in Germany was presented to the Bundesrat (or Federal Council), whose members represent the various German states. This chamber, where legislators insisted on adopting amendments, did not prevent the project from moving forward.

The Federal Government, which initiated the bill, will now respond to comments from the Bundesrat, after which the legislation will be forwarded to the Bundestag for possible enactment.

What happened at the Bundesrat?

The motion by Bavaria's representative in the Bundesrat to put the bill on hold was rejected, as was a measure that would have required the formal consent of the Bundesrat before legalization could be enacted. Another proposed amendment to raise the age limit for legal cannabis possession from the current draft of 18 was also rejected.

The majority of state government representatives recognized that the legislation had a «structural enforcement deficit», according to one translation. They would like to see revisions made so that the federal government implements regulations in a way that does not incur administrative costs for the states.

The Bundesrat committees made a total of 80 recommendations for revision of the legalization proposal.

Also called for are measures to prevent road accidents, the definition of standards for securing cultivation facilities, and legally-imposed minimum standards for the development of health and youth protection concepts.

The service, distribution and consumption of alcoholic beverages will also have to be prohibited in future Cannabis Clubs, and the Länder also want regulations on the protection of minors to be examined as to their feasibility and implementation.

It was also asked to «fill in the gaps in punishability».

The chamber's comments will now be forwarded to the federal cabinet, which drafted the legalization bill. It will be tasked with preparing a counter statement, after which the bill will be forwarded to the main legislative chamber. If passed by the Bundestag, the Bundesrat will be able to debate the proposal, but will not be able to prevent it from coming into force.

The law is due to come into force in early 2024.

What's in Germany's legalization of cannabis?

The legalization measure was launched by Health Minister Karl Lauterbach. The proposal, unveiled in July, would allow adults to legally possess cannabis and grow a maximum of three plants for personal use.

It also provides for the creation of social clubs which could distribute cannabis to their members, with purchase limits of 25 grams of cannabis per day for people over 21 (up to a total of 50 grams per month) and a lower limit of 30 grams per month for people aged 18 to 21.

These installations cannot be located within 200 meters of a school, Each city or district can only have one club for every 6,000 inhabitants, with a limit of 500 members per club. The license to operate a social club would be valid for a maximum of seven years, with the possibility of an extension after five years. According to the bill, club membership should last at least two months.

In the second stage, the country will be looking to set up a system for the retail sale of cannabis.