The CDU argues that a cannabis evaluation is necessary before making a final decision. However, Canada’s experience already provides comprehensive evidence. Studies show that legalization there has neither worsened the black market nor weakened youth protection. Instead, cannabis-related arrests have decreased, and the market has been successfully regulated. Germany can learn from Canada’s successes and challenges rather than wasting time on further assessments.
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Security Policy and Economic Crisis Take Priority Cannabis No Longer a Key Issue for the Union?
by Hasso Suliak, March 3, 2025
A hand holding a joint with a police vehicle visible in the background symbolizes the conflict between security policy and the cannabis debate. Unhindered cannabis consumption – how much longer will it last? Picture alliance/dpa | Hannes P.
After winning the federal election, CDU leader Merz had announced plans to roll back the partial legalization of cannabis. Whether the SPD will agree to this remains to be seen. The evaluation of the legislation will likely play a crucial role.
During the election campaign, CDU leader Merz was recently asked whether “Bubatz” (slang for cannabis) would remain legal. Unfamiliar with the slang, he amusingly asked back, “What is Bubatz?” After it was explained, he reiterated the longstanding position of his party. After an election victory, the legal situation must be “corrected.”
Whether the designated chancellor can achieve this goal with a coalition partner like the SPD is questionable. Signals from the Union suggest that given a severe security situation or a significant economic crisis, there are more important issues. It even sounds as if the Union has already started to retreat from this topic.
Thorsten Frei (CDU): “Cannabis Not a Priority Topic” The First Parliamentary Business Manager Thorsten Frei (CDU) recently responded to a question about cannabis on the platform abgeordnetenwatch.de: “Whether we can achieve a change will be shown in the upcoming talks (…) However, it is also a fact that our priorities lie in areas such as economic competitiveness, ending illegal migration, targeting social state accuracy, and strengthening external security.” These are the central issues where people expect decisiveness, solutions, and changes, according to Frei. Frei is one of the nine Union representatives currently negotiating the new coalition with the SPD.
Meanwhile, despite these signals, other politicians from the Union continue to keep the issue “on the boil.” “As the Union, we will do everything to stop the negative effects of cannabis legalization, combat drug-related crime, and strengthen youth protection,” says CDU legal politician Günter Krings to the German Press Agency.
The health policy spokesperson of the faction, Tino Sorge, also reaffirms the Union’s position: The cannabis law of the traffic light coalition is “a dangerous wrong path” and must be “reversed.” The exact nature of a solution will ultimately depend on the future government constellation, says the CDU politician with an eye on the exploratory talks between the Union and SPD. New study results from Canada show a concerning rise in psychoses following the legalization of cannabis there. These results cannot be ignored. He also emphasized that the proper care of patients with medicinal cannabis must continue to be ensured.
First Evaluation Report in October And the SPD? Although there are many legalization skeptics within their ranks: It seems unlikely that the Social Democrats would roll back a law from the traffic light era that their own health minister had primarily drafted.
As LTO recently reported, everything could lead to a compromise between the Union and SPD that might even result in the current legal situation remaining untouched. The keyword here is evaluation. “A compromise could be that we do not pursue things further, but freeze them in place until the evaluation,” said CDU legal politician Axel Müller at the time. The background is that the cannabis law includes an evaluation of the controlled distribution of cannabis for non-medical purposes to adults within four years, including an interim report after two years and an initial evaluation 18 months after enactment. Therefore, a first report is expected by October 1, 2025.
Ampel Coalition Argued with Police Relief Since April last year, non-medical cannabis consumption for adults with numerous restrictions has been legal in Germany. Allowed is the cultivation of up to three plants in private apartments. One can keep up to 50 grams of cannabis. Moreover, non-commercial “cultivation associations” with a license are allowed to collectively grow cannabis for their own consumption. The former coalition of SPD, Greens, and FDP pursued four main goals with the reform: • Protecting the health of consumers by controlling the distribution of cannabis with a known potency and without toxic additives. • Strict age limits and THC restrictions to protect minors and young adults from the psychological, physical, and social effects of cannabis consumption. • By destigmatizing, facilitating prevention. • Additionally, they hoped to contain the black market through legal alternatives.
For Union politician Krings, it is already clear that these goals have been missed. He says, “The legalization has only expanded the black market and heavily burdened the judiciary and police. Even the Police Union (GdP) sees no relief effect for the police regarding adults in sum. They refer to the monitoring effort through the surveillance of consumption prohibition zones, which are set up permanently or temporarily in some municipalities – such as at public festivals – and increased road traffic controls.
Increased Demand and Larger Quantities? Alexander Poitz, a criminal police officer and deputy federal chairman of the GdP, also does not speak of a successful containment of the black market. He says, “Increased demand, new target groups, larger quantities, prices, availability, and consumption tourists tend to strengthen criminal structures rather than weaken them.” An infiltration of cultivation associations is also to be feared.
As selling cannabis remains illegal. “Our colleagues have increasingly noticed issues related to cannabis in both public and private spaces and road traffic,” reports Poitz. Although current data is not yet available, it is suspected that the amount of seized cannabis for the year 2024 has increased.
Completely scrapping the reform would be the wrong way, says the GdP vice-chairman. It would be conceivable, for example, to allow sales at selected dispensaries instead of private cultivation and cultivation associations. “This would at least derive some responsibility and control by state institutions as well as tax advantages,” he says.
Sales in Model Regions This is already possible through the so-called model region regulation. Here, Hanover is leading the way, where the project is medically and scientifically accompanied by the Clinic for Psychiatry, Social Psychiatry, and Psychotherapy of the Hannover Medical School.
Considerations and preparations are also underway in Münster, Cologne, Düsseldorf, and Frankfurt am Main. In Frankfurt, registered participants will be able to legally purchase cannabis flowers and other THC-containing products for five years in specially established specialty stores.
“The law is not yet mature,” finds Stefanie Grün. The police chief superintendent from Rhineland-Palatinate is a member of the GdP Committee on Protective Police and has extensive experience with drug controls in traffic. When she and her colleagues stop someone whose driving behavior stands out and who then also speaks unclearly or has dilated pupils, they offer a drug rapid test.
Saliva Test or Urine Test However, this is not practical with a urine test, says Grün. Men usually have no problem urinating into a cup behind a bush, but it is not pleasant for all involved. With women, one would have to drive to a toilet, for example, at the nearest gas station.
If the test is positive, a trip to the police station is necessary – for a blood test. Because the maximum allowed at the wheel is 3.5 nanograms of THC. The result of the test is then awaited for six weeks, and the administrative effort is high, complains the policewoman. She would therefore prefer saliva tests for roadside checks, as she has been told by colleagues in two federal states are already in use.
Judges’ Association Warns Against Repealing the Law From the perspective of the Federal Ministry of the Interior, it is still too early to assess the consequences of the reform. A spokeswoman reports on request that no fundamental findings on the effects of the changed legal situation on the work of the Federal Criminal Police Office and organized crime can yet be made. The Ministry also refers to the results of the upcoming evaluation.
The New Judges’ Association (NRV) recently warned against repealing the CanG in the sense of the Union. If cultivation and consumption of cannabis were to be completely prohibited again, it would amount to expropriation of the cannabis clubs, says Simon Pschorr, public prosecutor and spokesperson for the criminal law group to the Redaktionsnetzwerk Deutschland (RND). “The clubs could then make claims for compensation against the state.” Since investments in cannabis cultivation are high and the licenses are valid for seven years according to the law, Pschorr expects amounts in “considerable sums.”
Public prosecutor Pschorr also reported very good practical experiences with the law. “Despite all the challenges associated with the amnesty, which must not be downplayed, the relief of the judiciary is significant.” A rollback, according to the lawyer, would mean that the judiciary would again have to prosecute small consumers on a large scale.
