Will the European Union Block Plans to Legalize Cannabis in Germany?

As Germany moves ahead with its plans to legalize cannabis, there are growing concerns that the European Union may block the move. The primary sticking point may be a 2004 decision by the Council of the European Union, which requires member states to ensure that the sale of drugs, including cannabis, is “punishable by effective, proportionate and dissuasive criminal sanctions.”

Plans to legalize cannabis in Germany may be delayed because European Union officials must determine how the European Court of Justice will view legalization.

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European Union May Reject Germany’s Hasty Plans

Germany accelerated its plan to legalize cannabis this year, but some officials are expressing concern that the European Court of Justice will reject the hastily drafted reform bill. Although the cannabis legalization plan has not been rejected, a government official said lawmakers are proceeding with “a certain degree of caution regarding promises to legalize cannabis.”

A legal analysis by the German parliament’s research service leaked to the Redaktions Netzwerk Deutschland news portal on Monday shows that legalizing cannabis for recreational use could violate European regulations. The expert report was commissioned by the conservative Christian Democratic Union, which opposes further legalization.

In November 2021, the center-left Social Democratic Party (SPD) won the most votes in Germany’s last federal election after it formed a coalition with the Green Party and the Free Democrats (FDP) to form a new government. Known as a traffic light coalition in reference to the party’s colors, the new governing majority replaced the Christian Democratic Union, which Chancellor Angela Merkel led for 16 years.

“We are introducing controlled distribution of cannabis in licensed adult-use stores,” said a coalition spokesman. “This will control quality, prevent the transfer of contaminated substances, and guarantee the protection of minors. After four years, we will evaluate the law regarding its social impact.”

Germany’s Cannabis Legalization Goals

The goal of legalizing cannabis in Germany has been reiterated by the Green Party and the liberal Free Democratic Party since the traffic light coalition, including Justice Minister Marco Buschmann, took power. Buschmann said in May that a cannabis legalization law could be passed next spring, leading to the “first legal joint” sold in Germany in 2023.

In early June, Health Minister Karl Lauterbach announced that the government would soon begin legalizing cannabis. However, he told the German newspaper Handelsblatt that he has changed his position on legalization over the past year and now believes that the negative impact of prohibition outweighs the risks of legalizing cannabis for adults.

The German government has scheduled a series of five talks to discuss various aspects of cannabis legalization. Addictions and Drugs Commissioner Burkhard Blienert said, “the time has come to move forward.”

“We are starting the preparatory phase of legislation,” he added. “To be able to finally announce this is a unique and rewarding moment for me. Like many others, I have worked for years to ensure that we in Germany finally stop criminalizing cannabis users and start a modern and health-oriented cannabis policy.”

European Union Convention on Narcotics Dampens Hopes for Legalization

After expressing optimism and hope in the cannabis community that reform will happen quickly, government officials are doubtful that Germany will legalize cannabis by 2023. Legalizing cannabis would conflict with European laws in several ways.

At the outset of the ruling coalition’s legalization discussion, officials said the 1961 UN Convention on Narcotic Drugs was a potential obstacle to achieving the goal. However, both Uruguay and Canada effectively ignored the international agreement when cannabis was legalized in those countries.

German officials now believe the 1961 treaty is not the obstacle it once seemed and have turned their attention to European Union law that could threaten legalization in Germany. According to a 2004 decision by the Council of the European Union, member states are required to ensure that the sale of drugs, including cannabis, is “punishable by effective, proportionate and dissuasive criminal sanctions.”

European Union Member States Required to Combat Illegal Drugs

In addition, the 1985 Schengen Agreement, which led to the abolition of border crossings throughout the European Union, requires member states to combat the illegal export, sale, and supply of “drugs and psychotropic substances, including cannabis.”

According to government sources quoted by The Guardian, the traffic light coalition is still working to finalize a bill that would allow the legal distribution of cannabis. However, lawmakers are also keeping an eye on what’s happening in neighboring Luxembourg. This summer, officials announced a plan for a bill to legalize recreational cannabis use in private places but maintained a ban on cannabis in public places.

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Desmond O'Flynn

Desmond O’Flynn believes in minimalism and the power of beer. As a young reporter for some of the largest national publications, he has lived in the world of finance and investing for nearly three decades. He has since included world politics and the global economy in his portfolio. He also writes about entrepreneurs and small businesses, as well as innovation in fintech, gambling, and cannabis industries.