The federal states have cleared the way for the partial legalization of cannabis. The Federal Council approved the controversial law. This allows consumption and, in limited quantities, possession and cultivation of the drug.
Despite criticism, the law for the partial legalization of cannabis passed the Federal Council. This means it can come into force as planned on April 1st.
There was no majority for an appeal to the mediation committee. Only Bavaria, Baden-Württemberg, Brandenburg and Saarland voted to send the law back to the compromise-making committee of the Bundestag and Bundesrat for renegotiation. All other federal states except Saxony abstained. A mediation process between the federal and state governments would have delayed the law.
The traffic light coalition wants to use the law to initiate a change in drug policy. Until recently, there were numerous concerns from the federal states. They must implement the new rules, monitor compliance and implement an amnesty for cannabis offenses that are no longer punishable under the new law.
Lauterbach welcomes the decision
Federal Health Minister Karl Lauterbach (SPD) described the decision as a groundbreaking decision. “The cannabis policy of the last few years has failed,” he said after the vote. He cited a doubling of drug use among children and young people and a doubling of the number of drug deaths. “It couldn’t continue like this. I was against cannabis legalization for years, but the studies show that we need a new offer here.”
Lauterbach wrote on X that the fight for the law was worth it. Hopefully this will be the beginning of the end for the black market, said the minister.
Buschmann is also satisfied
Federal Justice Minister Marco Buschmann (FDP) takes a similar tone. He told the newspapers of the Funke media group that the previous purely repressive approach to cannabis had obviously failed. “The result was flourishing black markets and people being pushed into crime,” said Buschmann. “It was time to come up with a new drug policy.”
The minister emphasized that the new rules would combine realism and prevention, “without trivializing the risks of cannabis.” He is certain “that the new rules will soon lead to relief for our judiciary.”
Warnings from Union-led countries
Speakers from several countries, however, warned against legalization. Bavaria’s Health Minister Judith Gerlach (CSU) called the law an aberration. It also presents the states with massive additional administrative and enforcement costs.
Saxony’s Prime Minister Michael Kretschmer said the law could not be about party politics. This question is so central and so personal, “that it was clear to me that I would not agree to the legalization of drugs under any circumstances, even if it caused trouble in my Saxon coalition.”
The CDU politician therefore voted in favor of calling the mediation committee, while his coalition partners from the SPD and the Greens voted to abstain. The inconsistent vote was considered invalid by Federal Council President Manuela Schwesig.
Critical voices also from the SPD
Lower Saxony’s Prime Minister Stephan Weil (SPD) believes that the debate about the cannabis law is not yet over, despite the approval in the Federal Council. “I’m pretty sure the issue of cannabis will keep us busy for a while,” Weil made clear. The federal government would be well advised to take the previous public discussion very seriously and ask itself where such a law might need to be subsequently corrected.
The Brandenburg Prime Minister Dietmar Woidke (SPD) is also pushing for this. “The law urgently needs to be revised. I think it is even worse that it is now going to come into force so quickly.” According to the Prime Minister, things that are regulated objectively and technically, including distance rules from schools and quantity limits, which are mainly dealt with by state authorities, cannot be enforced in some cases.
Consumption and possession permitted under certain conditions
In the future, adults aged 18 and over will be allowed to carry up to 25 grams of cannabis for their own consumption and store up to 50 grams at home. Three plants are allowed for home cultivation. From July onwards, so-called cannabis clubs will be allowed to grow and purchase the drug on a limited basis.
Public consumption is permitted on a limited basis. It is not permitted within sight of children’s and youth facilities or sports facilities. Consumption is permitted in pedestrian zones from 8 p.m. Cannabis remains prohibited for minors.
Nina Amin, ARD Berlin, tagesschau, March 22, 2024 12:03 p.m