Based on the key issues paper of March 24, 2023, the federal government has drawn up a draft bill for Pillar 1 (Cannabis Act: private and community, non-commercial cultivation of cannabis for non-medical purposes) and submitted it to the departmental vote and the consultation process of states and associations at the end of June given. The draft law was approved by the Federal Cabinet on August 16th and subsequently introduced into the parliamentary legislative process. He will be discussed in both the German Bundestag and the Bundesrat in the autumn. The German Bundestag is responsible for making the final decision on the law. The law does not require approval in the Federal Council. It is scheduled to come into force at the beginning of 2024. From the moment it comes into force, adults can legally smoke a joint in Germany under the proposed law. Until then, cannabis remains banned for the time being.
Medical cannabis
41. Will medical cannabis still be available in pharmacies with a prescription?
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Yes. Medical cannabis should be legally clearly separated from cannabis for non-medical purposes. Medical cannabis is therefore not regulated in the Cannabis Act, but in a separate Medical Cannabis Act. The content of the existing regulations on medical cannabis remains essentially unchanged. Medical cannabis may continue to be prescribed as a medicine in accordance with the applicable social law requirements. However, a prescription for a special narcotic prescription will no longer be necessary in the future. A regular recipe is sufficient here.
42. Does the law now allow any company to grow medical cannabis?
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No. Cannabis continues to be cultivated by companies that were selected in a Europe-wide tender process and commissioned by the Cannabis Agency at the Federal Institute for Drugs and Medical Devices. This cannabis is grown exclusively for medical purposes in accordance with pharmaceutical quality requirements. The prescription requirement remains.
NOTE:
The 2-pillar model further develops the federal government's key points for the introduction of the controlled distribution of cannabis to adults from October 26, 2022 . It now provides for two pillars:
- Pillar 1 enables private cultivation by adults for their own consumption as well as communal, non-commercial cultivation of cannabis in cultivation associations. The draft law on the first pillar (CanG) was passed by the federal government on August 16, 2023 ( press release from August 16, 2023 ) and subsequently submitted to the parliamentary procedure. The law is scheduled to come into force at the beginning of 2024.
- Pillar 2 provides for regional model projects with commercial supply chains. The vote on Pillar 2 should follow after the summer break. The draft law is expected to be submitted to the European Commission for consideration.
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2nd pillar: Regional model project with commercial supply chains
In the next step on the way to a nationwide regulation, the second pillar implements the further approaches from the key points paper of October 26, 2022, including an evaluation as a scientifically designed, regionally and time-limited model: companies will control production, sales and distribution in Specialist shops selling recreational cannabis to adults in a licensed and state-controlled framework. This pillar can be used to scientifically examine the effects of a commercial supply chain on health and youth protection as well as the black market.
- The project duration is 5 years from the supply chain established.
- There is a spatial limitation to delivery points and adult residents of certain districts/cities in several federal states (opt-in approach).
- Within the framework of the law, approval of the distribution of edibles will be examined in compliance with strict youth and health protection regulations.
- The model is scientifically supported and evaluated. The findings will be made available to the European partners and the EU Commission.
- Health and youth protection also follows the key issues paper of October 26, 2022.
This part of the project is expected to continue to be subject to notification.
When implementing the two-pillar model, the Federal Government bases its implementation on the international and EU legal framework.