After a long struggle: Bundestag passes cannabis legalization
After a long political debate, on Friday, February 23, 2024, the Bundestag passed the federal government's draft law " on the controlled handling of cannabis" (
20/8704 ,
20/8763 ) approved. The law will allow adults to possess up to 50 grams of cannabis for their own private consumption in the future. In public spaces the maximum limit should be 25 grams. In a roll-call vote, 407 MPs voted for the law, 226 voted against and four abstained.
The Health Committee had a recommendation for a resolution (
20/10426 ) and the Budget Committee submits a report in accordance with paragraph 96 of the Rules of Procedure (
20/10427 ). The Health Committee decided on a few changes to the original draft in a sometimes turbulent and emotional meeting on Wednesday, February 21st.
Applications from the CDU/CSU (
20/8735 ) and the AfD (
20/8869 ), both of which called for the planned legalization to be stopped, neither found a majority. All other parliamentary groups in the house voted against the AfD's motion, and the AfD also voted for the Union's motion. The Health Committee also made recommendations for resolutions on these proposals (
20/10426 ).
Federal government bill
The law provides for the legal possession and consumption of cannabis for adults. Private cultivation, community non-commercial cultivation and the controlled distribution of cannabis by cultivation associations are now possible. The law makes it easier to use cannabis responsibly, according to the federal government's justification.
According to the information, the law aims to contribute to improved health protection, strengthen education and prevention, curb the illegal market for cannabis and improve the protection of children and young people. Current developments show that the consumption of cannabis continues to rise despite the existing prohibition regulations. Cannabis purchased from the black market is often associated with an increased health risk because the content of the active ingredient tetrahydrocannabinol (THC) is unknown and may contain toxic additives, impurities and synthetic cannabinoids.
Private cannabis cultivation
In the future, it should also be possible to privately grow up to three cannabis plants for personal consumption. However, privately grown cannabis must be protected from access by children and young people. In addition, non-commercial cultivation associations will be allowed to grow cannabis in the future and pass it on to their members for their own consumption.
Strict regulations apply to this. A maximum of 500 members are permitted for the cultivation associations, who must have their place of residence or habitual abode in Germany. Only membership in a cultivation association is permitted. In the cultivation associations, cannabis may only be passed on to members to a limited extent, although membership and age must be verified.
Limited dispensation of cannabis
A maximum of 25 grams per day or 50 grams per month may be passed on to members. The distribution of cannabis to adolescents between the ages of 18 and 21 is permitted at 30 grams per month with a THC content limit of ten percent. Consumer cannabis may only be distributed as hashish or marijuana in controlled quality and in its pure form. The consumption of cannabis is prohibited in a protection zone of 100 meters around cultivation associations as well as schools, children's and youth facilities, children's playgrounds and publicly accessible sports facilities.
In order to protect children and young people in particular from the drug, there is a general advertising and sponsorship ban for consumer cannabis and cultivation associations. There are also plans to strengthen prevention through an educational campaign by the Federal Center for Health Education (BZgA) about the effects and risks of cannabis. The amendment will be evaluated for its social impact after four years. The prescription requirement for medical cannabis remains.
A gradual entry into force of the reform is planned. The law as a whole is scheduled to come into force on April 1, 2024. However, the regulations for community cultivation in so-called cultivation associations are due to come into force on July 1, 2024.
Statement from the Federal Council
In a statement, the Federal Council had previously expressed its fear of high subsequent financial burdens on the states due to control and enforcement as well as prevention and intervention tasks (
20/8704 ). The control of cultivation associations was given as an example. The Federal Council also doubted the effective control of the maximum permissible value of THC (tetrahydrocannabinol) and considers new, highly potent cannabis varieties to be possible.
According to the state chamber, the practical implementation of the planned youth protection zones in public spaces and protective measures in private spaces also needed to be critically questioned. There is a structural deficit in enforcement here. Finally, the Federal Council pointed out the need to set permissible limits for THC in road traffic.
Counter-statement from the Federal Government
The Federal Government did not share the Federal Council's concerns about the enforcement effort, as can be seen from the relevant information (
20/8763 ). The estimated total number of 3,000 cultivation associations will probably only be reached after five years. The states could gradually adjust their personnel and material resources capacities. In addition, the federal government expects decriminalization to make major savings for the states through fewer criminal charges and fewer criminal proceedings. The funds saved could be used for monitoring grower associations and for addiction prevention.
Education and prevention as well as legal requirements for the growing associations contribute to comprehensive health and youth protection, the briefing goes on to say. As far as the permissible THC level in road traffic is concerned, an interdisciplinary expert group from the Federal Ministry of Transport aims to determine limit values. In the Federal Government's opinion, the THC limit should be set in such a way that road safety is sufficiently safeguarded.
Union request
The Union faction called for the planned cannabis legalization to be stopped and the population to be informed about the risks of the drug. The draft cannabis law, which was approved by the cabinet in August 2023, is irresponsible and leads in the wrong direction, the motion said (
20/8735 ) of the group. Young people up to the age of 25 are particularly at risk from consuming cannabis because their brain development has not yet been completed. Clinical research shows that intensive cannabis consumption has unfavorable influences on memory, learning and recall performance, attention, problem solving, thinking performance and intelligence. In vulnerable people there is also a dose-dependent connection with depressive disorders, suicidality, bipolar disorders, anxiety disorders and additional abuse of alcohol and illegal drugs. Cannabis consumption can trigger psychoses in vulnerable people and worsen the course of schizophrenic psychoses.
Legalizing private cultivation, possession and consumption for all adults will lead to an expansion of cannabis use. The law will also not reduce the burden on the judiciary or reduce the black market. An immense enforcement and monitoring effort is to be expected. Requirements for private cultivation or compliance with consumption ban zones are unlikely to be controllable. MPs called for the plan to legalize cannabis to be stopped. To this end, a suitable institution, such as the Federal Center for Health Education, should be commissioned with a long-term prevention campaign to draw attention to the risks of consuming cannabis. Furthermore, research into the health consequences of non-medical cannabis use should be intensified. Research into the medical benefits and side effects of cannabis medicines should also be supported.
AfD application
In the opinion of the AfD parliamentary group, the planned legalization of cannabis for recreational purposes should be abandoned. At the same time, a scientific benefit assessment should be initiated for medical cannabis, according to the parliamentary group's proposal (
20/8869 ). The planned legalization of cannabis will underestimate the danger posed to teenagers and young adults under the age of 25. Adolescence is a crucial phase in the development of the brain. Research suggests that cannabis consumption can have a detrimental effect on the maturation of nerve cells and nerve connections.
There is a risk of impaired cognitive abilities and even an increased risk of depression or suicidal thoughts, particularly with regular cannabis consumption in young people. Medical cannabis has a good reputation among the population, but it is not a miracle cure. A procedure under the Medicines Market Reorganization Act (AMNOG) would demystify medical cannabis by objectifying the benefits and risks in an open-ended manner and reducing the reimbursement price. In their motion, the MPs called for the plans to legalize cannabis for recreational purposes to be completely abandoned and for medical cannabis to be subjected to the AMNOG process for the benefit assessment and pricing of medicines. (pk/ste/02/23/2024)
https://www.bundestag.de/dokumente/textarchiv/2024/kw08-de-cannabis-990684