Germany Decriminalizes Limited Cannabis Use and Cultivation Amid Controversy

Last week, the German Bundesrat approved the Cannabis Act that would decriminalize limited personal use and growth of cannabis. This approval permits the Act to become effective as of April 1, following its earlier approval by the Bundestag in February.

The Act strives to more efficiently regulate cannabis usage and fight organized crime. As a part of its regulations, it mandates that cultivation associations apply for a permit to grow cannabis. Licensed associations are restricted to charging membership fees and are prohibited from operating for profits.

Amidst the amendments, the protection of minors remains a key focus. The Act prohibits the use of cannabis in the vicinity of minors, children’s facilities, and pedestrian zones during daytime. Moreover, cultivation associations are barred from selling cannabis to minors. Bolstering the protection further, the Act increases the minimum sentence to two years for those convicted of intentional commercial distribution or supply of cannabis and other narcotics to minors.

The Federal Minister of Health, Karl Lauterbach, lauded the new Act. He suggested that the ban alone is not sufficient to ensure enhanced health protection. The Act, he believes, makes the black market undesirable, simultaneously protecting users from impure drugs and higher-than-normal concentrations.

However, the reception of the Act is not without controversy. The primary concerns relate to the effectiveness of the Act in reducing the police load and safeguarding minors. Opposing lawmakers voice worries that the absence of controlled distribution in licensed associations might not halt organized crime. There are also concerns pertaining to the potential lack of police resources to enforce the law.

Existing government statistics reveal that an estimated 4.5 million adults in Germany have consumed cannabis at least once.

For more detailed information, please refer to this German Cannabis Act coverage.