Germany’s plans to move to full legalisation of consumption and sales of cannabis came to an abrupt halt last month. Until recently, Germany’s health minister, Karl Lauterbach, had been upbeat about the prospects for radical change. But following talks with the European Commission the plan has gone up in a cloud of smoke. Martin Jelsma of the Transnational Institute, a Dutch-founded think-tank, thinks the reason is that the proposals are not in compliance with an EUCouncil framework decision on drugs in 2004, nor with three relevant UNtreaties. Mr Jelsma says it would be helpful if the European Commission were to give some indication as to what its position is on the question.

In advance of the March session of the UN Commission on Narcotic Drugs (CND), the European Commission has proposed that EU member nations vote in favor of three of the six World Health Organization (WHO) cannabis scheduling recommendations. The Commission “Proposal for a Council Decision” is meaningful because – if adopted by the Council of Europe – EU countries would vote as a block at the CND session in Vienna and the three motions the Commission supports stand a higher chance of being approved. One of these supported changes would be positive for the cannabis industry: removing cannabis and cannabis resin from Schedule IV of the 1961 Single Convention on Narcotic Drugs. (See also: European Commission falls short on WHO cannabis recommendations, experts say)

The UK and the Netherlands commissioned distinguished scholars and experts to study the social and clinical harms of khat. These experts argued that any harms associated with khat did not require a criminal law response. In rejecting that conclusion and banning khat, these two governments have created an enabling environment for organized criminal networks and may exacerbate racial discrimination in drug law enforcement. Moreover, these policies put in danger the livelihood of thousands of people in some of the world’s lowest-income settings.

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The stakes for legalising cannabis in Morocco are rising. On 11 March, the Moroccan government approved Cannabis Legalization Framework, Bill 13-21, to regulate medical cannabis and industrial hemp. However, the bill still must be ratified by Parliament, and political debate on cannabis is intensifying amid the leadup to the September 2021 general elections. This is not the first attempt to legalise cannabis in Morocco. But unlike other efforts, this proposal has come directly from the sitting coalition government. "Although legalising the cultivation of medical cannabis and industrial is a first positive step, the proposal is limited because it doesn't include any regulatory framework on recreational cannabis," said Tom Blickman from the Transnational Institute.

Germany is looking into legalising the sale of cannabis for recreational purposes from next year, according to a draft plan Health Minister Karl Lauterbach presented to the European Commission. “France will closely monitor the evolution of the German legislative framework, especially with regard to its potential impact on cross-border regions,” the office of French Health Minister François Braun. France is currently opposed to the legalisation of cannabis and has one of Europe’s most restrictive legislations. It also has Europe’s second-highest consumption levels with around 900,000 daily cannabis users, according to figures from the Interior Ministry.

Germany’s plans to legalise cannabis are partially incompatible with EU law, despite significant changes Berlin made to avoid legal problems, according to a study from the parliamentary research service. After the German government first presented a roadmap in October 2022 for the full legalisation of the commercial production and distribution of cannabis, it became clear that the plans clashed with EU legislation on drug trafficking. After talks with the European Commission, the three-party government presented a new version in April that was significantly watered down in order to make it legally compatible with the EU framework. (See also in German: Bun­des­tags­gu­t­achten gibt der Ampel Rücken­wind)

The German government has released its ‘Eckpunktepapier’, a concept note laying out the key points to shape the regulation of the recreational cannabis market. Presenting the key points at a press conference this week, Health Minister Lauterbach made clear that it had not been easy to reach agreement within the ‘Ampel’ coalition and between the involved ministries. Clearly one of the trickiest issues has been how to deal with the legal hurdles of the UN drug treaties and EU law. Germany’s current interpretative approach puts the fate of the entire project for cannabis regulation on very thin ice. But there is still time to change course, and legally sound and politically viable alternative options are available. 

The German government adopted a watered-down plan to legalise cannabis, moving one step closer to the substance’s controlled distribution, though critiques from judicial, medical and law enforcement associations persist. The bill gives citizens the right to own up to three plants or 25g of the once-illicit substance, and create ‘social clubs’ to distribute cannabis. When the new German government took office in late 2021, legalising the consumption of cannabis was made a priority – both the Greens and the liberal FDP had made legalisation a key campaign promise to young voters. Plans for a comprehensive framework were delayed for months, while the research arm of the Bundestag, the German parliament, raised concerns about the plan’s compatibility with EU law. (See also: Germany unveils bill to legalize cannabis)

In November 2021, when it was announced the German government would send a law to the Bundestag to legalize the consumption and possession of marijuana - which was approved on August 16 - a team of researchers led by Justus Haucap, professor of economics at the Heinrich Heine University of Düsseldorf, published a study that made the German Finance Minister, Christian Lindner, the leader of the liberal party that had been one of the primary backers of the idea along with the Greens, very happy indeed. The Düsseldorf researchers constructed an economic scenario based on the consumption of 400 tons of cannabis per year, a scenario that would bring provide the public coffers with around €4.7 billion ($5.1 billion) per year.

Health Minister Karl Lauterbach and Minister of Food and Agriculture Cem Özdemir released the updated legalization plans, scaling back the framework announced last year. There will not be a country-wide commercial cannabis market as originally envisioned. Instead, adults wiil be allowed to possess up to 25 grams and grow up to three plants for personal use, while permitting nonprofit cannabis “clubs” with a maximum of 500 members. The plan would involve authorizing dispensaries in “certain districts/cities in several federal states” throughout Germany that would be licensed for five years, to study the impact of the shops on consumption trends and the illicit market. (See also: Germany waters down plan to legalize cannabis after EU talks | Germany's two-step plan to legalize cannabis)

"Does the Swedish government see a need of acting within the EU and vis-à-vis Germany in response to the country’s plans to legalize cannabis to ensure compliance with the EU agreement to 'take all necessary measures to prevent and punish drug trafficking', and if so, in what way ?", Pia Steensland, who is a member of the Christian Democrats in the Riksdag’s social committee, asks Minister Hans Dahlgren. The newly formed German coalition government announced that it wants to allow cannabis and "introduce controlled distribution of cannabis for adults for consumption in licensed stores". It could be interpreted as a violation of both the UN drug conventions and several EU agreements.

With watershed elections looming in Germany, some politicians are talking about a new approach to drug control. The opposition Free Democrats (FDP), for whom civil liberties are a major issue, have called for the limited and legal sale to adults of "cannabis for leisure consumption." In view of growing global sales of cannabis for medical purposes and private pleasure, the business-friendly FDP is even looking to turn "Cannabis Made in Germany" into a lucrative export product. Four of the six parties currently represented in the Bundestag, the German parliament, are committed to backing an end to the cannabis prohibition policy.

Two articles published this week, in Der Tagesspiegel and LTO, throw cold water on expectations that the European Commission could give green light to Germany’s ‘Interpretationslösung’ to justify its cannabis regulation plan under EU law and UN treaties. No surprise, as I’ve also argued that the approach taken in the ‘Eckpunkte’ brings the whole project legally on thin ice. The way Peter Homberg (Dentons), Dirk Heidenblut (SPD) and Cornelius Maurer (Demecan) are ‘flirting with Plan B’, however, is equally problematic. Their narrative, based on the ‘Gutachten’ the Dentons law firm produced for Demecan, claims that a solution can be found by using the treaty exemption for ‘scientific purposes’.

German Health Minister Karl Lauterbach presented his plans on the legalization of cannabis. He said that Germany's drug policy had to be renewed because the current policies weren't successful. His aim was to evoke better health policies and increased protection for minors. Germany was not trying to imitate the Dutch model, as the country didn't have a regulated market. Rather, the plan signified "the most liberal legalization of cannabis in Europe", while also entailing "the most regulated market" in the EU. This approach could become a model for Europe. However, before it can be taken forward, the European Commission has to check whether the plan was viable under European and international law. (See also: Germany sets out plans for cannabis legalisation amid EU law worries | Kiffer müssen auf grünes Licht aus Brüssel warten)

Germany is mulling over the consequences of soon becoming the world’s largest potential market for legally sold cannabis, as the country’s left-liberal government presses ahead with plans to allow the controlled distribution of the drug among adults. Olaf Scholz’s coalition government has in recent weeks reiterated its 2021 coalition-deal vow to legalise for recreational use what its Green and liberal party minister have taken to referring to as Bubatz, a slang word for weed popular among German rappers. A consultation process consisting of five public hearings with health experts, economists and cannabis growers concluded this week, firing the starting gun for a race to clear legal and regulatory hurdles within one to two years. A draft bill is expected within the second half of 2022. (See also: Germany seeks 'safety first' approach to legalizing cannabis)

Legal hurdles are slowing down German plans to allow the controlled distribution of cannabis among adults, with fears that a badly crafted law to legalise the drug could be thrown out by the European court of justice. In the initial debate around legalising cannabis in Germany, the main obstacle identified was the UN 1961 single convention on narcotic drugs, whose obligations Canada and Uruguay ignored when they took steps to legalise the drug. Now, however, Berlin increasingly sees the convention as the smaller challenge as the binding nature of various European laws has come into focus. A Council of the European Union framework decision from 2004, for example, requires member states to ensure that the sale of drugs including cannabis are “punishable by effective, proportionate and dissuasive criminal penalties”.

The global story about cannabis — the most-used recreational drug in the world — is about as fuzzy as your body feels after taking your first hit. While some places, such as states in the US, have legalized the drug, it is strictly prohibited in others. Almost 200 million people smoke pot worldwide according to the 2019 World Drug Report, and that number is rising. Whether this is a good or bad thing seems somewhat hard to decipher with inconsistent global regulations on the drug, conflicting research studies and little concrete evidence of its long-term effects. But how can we decide whether to condemn or support the devil's lettuce when our own governments can't seem to figure it out?

Luxembourg's governing coalition continues to drag its feet on fulfilling its election promise to legalise the production and sale of cannabis, but could allow plants to be raised at home. Adult residents would be allowed to grow four cannabis plants per household if proposals announced by government ministers are adopted into law. The moves to decriminalise cannabis also would sharply lower fines punishing people who carry three grams or less from the current €250 to €2,500 to between €25 and €500. But consuming cannabis in public would remain illegal. The government is still working to legalise cannabis production and sale but is facing "international constraints" delaying its 2018 election promise. (See also: Growing cannabis for personal use to become legal In Luxembourg, a first In the E.U.)

Researcher Fatjona Mejdini states that the drug problem had its roots in 1991, when Albania went from an isolated communist dictatorship straight to capitalism. "They were tough times for everyone," Mejdini said. "And, as many people lost their state jobs, they turned to cannabis cultivation to sustain their families." Over the years, the government has turned a blind eye to the business — and "in some cases, we saw the collusion of state structures with people growing cannabis," Mejdini said. Criminal groups gained more influence. And, in the past 10 to 15 years, there has also been a new development: Networks have added cocaine to their business model. The networks and routes they had already built up in Europe were the perfect starting point.

The legalization of cannabis is a prestige project for the current coalition government. Berlin doesn't just intend to decriminalize the substance, but also wants to regulate its cultivation and distribution, to change regulations on legal limits for driving and, to advance health and youth protection regulations. However, there are doubts in Brussels as to whether the German plans are consistent with EU regulations. Current EU law requires member states to criminalize all activities relating to the trafficking of cannabis – from production to preparation and distribution to sale. The Commission has also hinted at a loophole: EU law does not lay down any requirements for the personal use of cannabis; that is a matter for the member states. Whether that is broad enough to get the green light from Brussels for the entire legalization plan is questionable.