The German government has presented revised plans for the commercial production and distribution of cannabis, which remain partially incompatible with European Union law. Despite significant amendments, the proposed legislation still faces legal obstacles at the EU level. Germany is not alone, however, with the concept of "cannabis clubs" in other EU countries also encountering legal difficulties.
The German government presented plans for the commercial production and distribution of cannabis, which were partially incompatible with European Union law.
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Despite introducing significant changes to the proposed legislation, there are still some inconsistencies with European legislation, according to a study conducted by the parliamentary research service and published by the Brussels-based news agency, Euractiv.
The German government unveiled the first plan for the full legalization of cannabis production and distribution in October 2022. It quickly became evident that these plans clashed with EU regulations concerning drug trafficking.
After discussions with the European Commission, the ruling three-party coalition presented a new, significantly reduced version in April to make it compliant with EU legal frameworks. However, the new study revealed that certain parts of this updated version may still encounter legal obstacles at the EU level.
Opposition MP Stephan Pilsinger claims that the government’s current plans “clearly violate European law.” He called on Health Minister Karl Lauterbach to abandon the “illusory project” of cannabis legalization.
A spokesperson for the Commission explained that EU law regarding penalties for illegal drug trafficking obliges member states to take measures ensuring that drug-related offenses, including cannabis, are punishable. These guidelines encompass a wide range of activities, from production to distribution, while the penalties for these actions are regulated by individual member states.
The German concept of “cannabis clubs” – non-commercial organizations that cultivate cannabis and can distribute a limited amount monthly to registered members – faces legal difficulties in light of European Union law.
Similar cannabis clubs are already allowed in several European countries, such as Spain, Belgium, and Malta, each with various restrictions.
In Malta, medical cannabis was legalized in 2018, and regulations for recreational use were formalized in 2021. Each cannabis club in Malta can have up to 500 members and provide them with seven grams per day, with a monthly limit of 50 grams per person.
German plans for cannabis legalization encounter numerous legal challenges within the current EU legislation. Striving for compliance with European law is a complex process that requires further examination and debate at both the national and EU levels.
Germany’s plans regarding cannabis legalization remain a topic of discussion and controversy, both domestically and in the European Union. Only time will tell what the final decisions will be and how they will impact the legal landscape in both Germany and the entire European Union.
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(Featured image courtesy of Wikimedia Commons via Pexels)
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