As Germany approaches a pivotal moment in its approach to cannabis legalization, the industry stands at a crossroads, weighing the benefits of rapid enactment against the need for comprehensive legislation. The proposed legalization, set for January 1, 2024, is currently under intense debate, with key stakeholders from the cannabis industry, legal experts, and political decision-makers voicing their concerns and aspirations.
It is going to be April 1, 24!
The legislative process is not yet complete. While the approval of the law in the Bundestag was a significant historic milestone, the bill still needs to undergo a Second reading in the Bundesrat. And there’s a real possibility of delays to the April 1st target date, as indicated in the linked article published today, which mentions the Federal Council’s intention to convene a mediation committee at its next meeting on March 22nd.
Approximately three weeks ago, I cautioned against prematurely celebrating the law’s passage, highlighting the potential challenges it could face in the Federal Council. My earlier words stand: “The level of opposition, if any, that could be then expected from the #Bundesrat remains uncertain. A delay in achieving the April 1st goal for the law to come into force cannot be ruled out.”
Read it here: https://table.media/berlin/news/legalisierung-von-cannabis-soll-erst-in-sechs-monaten-kommen/
While I remain (very!) optimistic that a compromise will be reached between the Bundesrat and the Bundestag within the next few weeks (otherwise, this will be yet another embarrassment the German coalition government will probably want to avoid), there are still risks involved in the ongoing legislative process, sais Alfredo Pascual.
The Central Debate
The primary point of contention lies in the details of the proposed legislation, particularly the ‘intoxication clause’ (Rauschklausel) related to industrial hemp and the THC threshold for hemp products. A recent event (Expertenanhörung) at the German Bundestag, brought these issues to the forefront. There, industry representatives urged for the removal of the intoxication clause and debated the proposed THC limit increase for industrial hemp to 1%, along with other regulatory aspects like proximity requirements and extract bans.
The Dilemma: The current legislative process faces a tight deadline. If the Bundestag does not proceed with the second and third readings by November 16, 2023, the bill may be delayed, potentially pushing legalization to Spring 2024. This delay risks the bill’s momentum and could have significant repercussions for Germany’s position in the European cannabis market.
Two Perspectives Emerge:
The Case for Precision: Advocates for taking the necessary time to refine the bill argue that a hastily passed law with significant shortcomings could be detrimental in the long run. They emphasize that the intoxication clause is fundamentally unacceptable, and other critical aspects, such as the THC limit and extract ban, require careful consideration. They argue that a well-thought-out Cannabis Act (CanG) is vital for the sustainable growth of Germany’s cannabis industry and its competitive edge in Europe. The sentiment is that it would be a disservice to the industry to lose sight of their collective vision in the rush to pass the legislation.
The Urgency of Adoption: On the other hand, there are voices advocating for the swift passage of the bill. They highlight the ongoing criminalization of consumers under the current laws and the irreversible progress that passing the bill would represent. They argue that it’s more pragmatic to enact the legislation promptly and address any deficiencies through subsequent amendments. This perspective prioritizes immediate consumer protection and market stability over the quest for a perfect legislative framework.
Conclusion: The cannabis legalization debate in Germany encapsulates a classic legislative dilemma: the pursuit of perfection versus the urgency of action. As the deadline looms, the industry and policymakers must strike a delicate balance between these competing priorities, ensuring that the path Germany takes is both progressive and pragmatic.
Germany’s Cannabis Legalization: An Evolving Timeline and Its Implications
- Initial Plan and Subsequent Delays: Originally, the German Bundestag was set to finalize the Cannabis Act (CanG) on November 16, 2023, with an effective date of January 1, 2024. However, a series of delays has pushed back this timeline. The new plan, as of now, includes a reclassification and allowance for personal cultivation by April 1, with cannabis clubs to follow by July 1.
- Political Developments and Statements:
- October 10: Dirk Heidenblut and Carmen Wegge announced on Instagram that due to the global political situation and solidarity with Israel, the first reading in the Bundestag was postponed by a week, maintaining the original timeline for the second and third readings on November 16.
- October 11: Kirsten Kappert-Gonther announced a revised schedule, confirming the first reading in the coming week and the final readings on November 16.
- November 10: Kappert-Gonther expressed optimism about the bill’s progress but acknowledged the need for further revisions, hinting at a December conclusion.
- November 16: The final readings did not occur as planned.
- Recent Developments:
- By early December, it became clear that the Bundestag would not pass the CanG in 2023. SPD parliamentary group leaders have reassured that the bill will be passed early in 2024.
- Internal debates within the SPD (Social Democratic Party of Germany) have surfaced, indicating ongoing contention regarding the bill’s content.
- Central Debate and Industry Concerns:
- The primary contention remains around the ‘intoxication clause’ and the THC threshold for hemp products. Industry representatives are advocating for the removal of this clause and debating the THC limit increase for industrial hemp to 1%.
- The current delay presents a dilemma: a hasty law might have significant shortcomings, but prolonged deliberation risks losing momentum and could impact Germany’s position in the European cannabis market.
- Perspectives within the Industry:
- The Case for Precision: Some argue for taking the necessary time to refine the bill, emphasizing the need for a well-thought-out legislative framework to sustain Germany’s cannabis industry’s growth and competitive edge in Europe.
- The Urgency of Adoption: Others advocate for swift passage of the bill, prioritizing immediate consumer protection and market stability. They suggest addressing deficiencies through subsequent amendments.
- Conclusion:
- The German cannabis legalization debate is a classic case of precision versus urgency. The industry and policymakers face the challenge of balancing these competing priorities to ensure a progressive yet pragmatic path forward.
