Federal Minister of Health announces details of legalization draft

German lawmakers have officially presented plans for the country to decriminalize the sale and possession of cannabis. According to Health Minister Karl Lauterbach, speaking at a press conference in Berlin on October 26, the legalization proposal will next be sent to the European Union (EU) Executive Board to ensure it meets current EU standards, followed by final approval by the German Bundestag. If it passes muster, the proposed law will proceed “on that basis” if approved, according to the Associated Press.

Lauterbach described the current legislation as “a model for Europe”, although it would come into force in 2024 at the earliest. A revised draft is expected to be presented sometime in the first quarter of 2023.

The proposal requires cannabis to be grown by licensed growers and sold only through licensed storefronts to discourage black market sales. Residents can grow up to three plants at home and purchase and own up to “20 to 30” grams of cannabis.

Lauterbach explained the nature of this proposal in comparison to existing cannabis laws in other European countries. “This would be the most liberal legalization project for cannabis in Europe on the one hand, and the most strictly regulated market on the other,” he said. Consumer safety is one of many of the driving factors. “We don’t want to expand cannabis use, we want to improve youth and health protection,” he said, according to The Guardian.

Although the health secretary has previously opposed legalization, he acknowledged that current laws are working. Lauterbach, the country is home to 83 million people, of whom around 4 million used cannabis in 2021. In the general population, a quarter of young adults between the ages of 18 and 24 have also used cannabis at some point.

Lauterbach also pointed out that Germany takes a drastically different approach to legalization than its northern neighbor, the Netherlands. “What we have learned from the Dutch experience is that we don’t want to do it that way,” he explained. “We want to control the entire market.”

Finally, there are no plans to allow on-site consumption at cannabis dealers. Other restrictions on pharmacies would include being away from schools and shops, where cannabis is also not allowed to sell alcohol or tobacco. Quality requirements are also expected for German cannabis products.

Lauterbach said the government has not yet decided whether to charge a tax on top of normal sales tax, and said the product must not be more expensive than black market products.

According to business owners like Lars Mueller, SynBiotic’s chief executive officer, the reform plan is “like winning the lottery,” he said, as told by Bloomberg. “In due course, in addition to opening our own stores, we will also be able to offer franchise-like models for cannabis dealers.”

In May, the German Bundestag put pressure on its health department and threatened to cut its funds if it did not start work on a draft law.

In June, the federal government held hearings on recreational cannabis reform, attended by more than 200 people. On October 19, Lauterbach announced the country’s plans to create a reform law, and an early draft of Germany’s cannabis legislation was leaked by the RND newspaper group. Under the early draft, products for adults over 21 would be capped at 15% THC and 10% for those between 18 and 21, and residents would be allowed to grow two plants at home.

The country of Malta became the first country in the EU to legalize adult-use cannabis in December 2021, and Germany could become the second country to follow suit (medical cannabis has been legal in Germany since 2017).