In Germany, policymaking has begun to catch up with the culture; cannabis is now being regulated. The controlling coalition government, formed of Social Democrats (SPD), environmentalist Greens, and neoliberal Free Democrats (FDP) has publicly stated their plans to allow access to recreational cannabis in licensed shops for adults.
Germany’s center-left coalition, which took power last year, plans to decriminalize the purchase and ownership of small amounts of cannabis under a long-awaited reform blueprint — a promise kept to those who voted for them.
However, it is proving to be a monumental task to turn these words into practical policies. The reason the legislative process is so complex is that it involves almost every federal government ministry.
Call for decriminalization
After months of research, Burkhard Blienert, Germany’s commissioner on narcotic drugs, has come up with a legalization plan that will satisfy the various interest groups and political parties involved.
The legislation, if approved by the rest of Chancellor Olaf Scholz’s government, would decriminalize possessing and purchasing up to 20 grams of cannabis for adults. The government would also allow people to grow up to two plants in their homes.
To make sure that everyone in Germany has access to cannabis, it should be sold not only in licensed shops but also potentially in pharmacies. Another idea being considered is allowing “specialty stores with consumption options,” or coffee shops. Since 2016, medical cannabis has been available for sale in German pharmacies.
In addition, the legal THC limit should be set at 15%. For young adults aged 18-21, the psychoactive substance content in cannabis shouldn’t exceed 10%. Lastly, to avoid international law disputes, all cannabis sold in Germany should be grown domestically.
The pledge to legalize cannabis has been repeated by various political parties, but Minister of Justice Marco Buschmann is hopeful that a law could be passed as soon as next spring. If so, the first legal joint would be sold in Germany in 2023.
Given that there are millions of consumers, this likely means billions in taxes.
Dusseldorf-based economist Justus Haucap estimated that 4 million people consume cannabis in Germany, most of them only occasionally.
“We tried to evaluate what that means in terms of the quantity of cannabis. We expect a market volume of about 400 tonnes, which is valued at between €4 billion and €5 billion.”
When Haucap did a report last year, he found that the yearly possible revenue from taxes and social security contributions, as well as the money saved by not prosecuting users, amounts to €5 billion. This year, he presented these numbers at an expert hearing in front of the Ministry of Health.
The piece of legislation on the table may seem like a small step, but it represents progress in the right direction that could have major implications. If this law passes, it would be a big deal for supporters of cannabis legalization; not only because Germany is one of the most populated countries in the EU, but also because it would mirror what has been happening recently in North America with reform patterns being followed closely.
While some European countries like Portugal have already decriminalized cannabis long time ago, others are waiting to see how Germany’s similar reforms go before taking any action.
This summer, the Luxembourg government proposed a law that would make it legal to use cannabis recreationally in private but continue to ban using the drug in public.
Although the Netherlands is frequently thought of as a place where smoking marijuana is accepted, it only allows the use of cannabis and still considers growing and selling the drug to coffee shops illegal.
This debate will be receiving a lot of international attention, not only because Germany has the largest economy in the EU, but also because it is taking a comprehensive approach to legalization with regulations, controls, and transparency at every stage of the process.
