Opinion of the Bundestag
Cannabis legalization could fail because of EU law
07/25/2023, 4:45 p.m
The traffic light wants to regulate the release of cannabis this year, but the plans still have to pass a check under European law. On the initiative of the CSU, the scientific service of the Bundestag shows the pitfalls of Health Minister Lauterbach’s plans that have become known.
Parts of the traffic light plans for legalizing cannabis may not be compatible with European law. This emerges from a report by the scientific service of the Bundestag. In principle, the report considers it possible to make private consumption – i.e. possession, purchase and cultivation – exempt from punishment, according to the report. However, the coalition’s far more far-reaching plans are problematic in terms of European law.
Against the background of European treaties, it can be assumed that “the use of cannabis exclusively for medical and scientific purposes may be legalized,” says the report. Self-cultivation and consumption could therefore be decriminalized.
According to the scientific service, joint cultivation in associations would also be possible – albeit under strict conditions. However, the question of how to deal with it if members do not raise their plants themselves is complicated.
The federal government wants to partially legalize cannabis later this year. In principle, the possession of up to 25 grams of cannabis and the cultivation of a maximum of three plants for personal use should be allowed. According to the current government plans, approved clubs in Germany should be pure “cultivation associations”. Cannabis should only be given to members. There should not be a free sale in special shops. It is planned to test this later in some municipalities as a pilot project.
Store sales probably only to certain people in accordance with European law
The CSU member of the Bundestag Stephan Pilsinger, who commissioned the report, sees his skepticism about the plans of Health Minister Karl Lauterbach from the SPD as confirmed. “In its report, the scientific service emphasizes the high risk of commercialization and thus a potential violation of European law of club cultivation in cannabis social clubs,” Pilsinger told the “Spiegel”, which initially reported on the report.
“The risk that the plants will be sold or bequeathed to non-members is simply too high.” Therefore, the current draft law of the “Ampel” with regard to the planned cultivation associations “most likely not compatible with European law”.
Pilsinger also sees legal problems with the approval of cannabis shops in model regions. The report “strongly doubts that state or state-controlled cannabis cultivation and delivery systems” would conform to European law, said Pilsinger. Specifically, the report states that it is questionable whether the procurement measures “such as the establishment of a state/state-controlled cultivation and delivery system for pleasure purposes are covered by the Member States’ freedom to decriminalize”.
According to the report, cannabis pilot projects are only possible if they are designed “in such a way that they actually only serve medical or scientific purposes and the controlled delivery to a very limited group of people is secured,” emphasized Pilsinger. “Therefore, backdoor legalization of cannabis via model regions, which may include entire cities or large regions, is highly problematic, if not unlawful, from a legal perspective.”