Last week, the German Bundestag held a heated debate on the country’s recent partial legalisation of cannabis, positioning the pieces for cannabis to become a critical issue in the upcoming snap election.
It came just days after Germany’s incumbent ‘traffic light’ coalition collapsed, with expectations that the driving force behind the landmark cannabis reform will soon be replaced with a right-leaning government far less amenable to the recent liberalisation.
While little common ground was found during Friday’s debate, the well-trodden rhetoric from each side emphasised that the implementation of CanG remains a controversial and divisive issue in Germany.
Matthias Fischer, CEO of the cannabis wholesaler Canymed GmbH (part of the Grünhorn Group), believes that while the country’s flourishing medical cannabis market is safe, previously expected reforms enabling greater access to recreational cannabis are now considerably less likely.
What happened?
Last week, Business of Cannabis reported that on November 06, German Chancellor Olaf Scholz dismissed Finance Minister Christian Lindler (Freie Demokratische Partei, or the Free Democratic Party) in a major escalation of political tensions that had been simmering for months.
This development not only set the stage for a vote of no confidence in the Bundestag in January and an early election on February 23, but likely result in a significant shift of power towards parties that have vocally supported rolling back cannabis reforms, less than a year after they were implemented.
Current opinion polls suggest that all three parties in the current coalition combined (Social Democratic Party of Germany (SPD), Free Democratic Party (FDP) and Alliance 90/The Greens), will have less vote share than the center-right CDU/CSU, which currently holds around 33% of the total vote.
Furthermore, the right-wing populist party Alternative for Germany (AfD) is polling second to the CDU/CSU (Union), with around 18% of the vote, according to polling from Politico, meaning the possibility of a coalition between the two leading parties is not out of the question.
On Friday, upon request of the Union, the Bundestag held a debate solely on cannabis policy.
The debate
During the heated session, the CDU/CSU’s health policy spokesman, Tino Sorge, alluded to his party’s intentions to roll back cannabis reform.
“We don’t want to smoke pot, we want safety and order. We will implement this after the next federal election,” he said.
CSU interior politician Silke Launert and Berlin’s Justice Senator Felor Badenberg (CDU) claim that the law has inadvertently benefited organized crime, as many consumers continue relying on the black market due to access and enforcement challenges. They argue the government is failing in its duty to protect public health and address broader security issues.
Mr Fischer told Business of Cannabis: “Friedrich Merz (CDU), who could be a candidate for Chancellor, has announced that he would reverse cannabis legalization if his Union party wins the federal election.
“Thus, there is still a possibility that cannabis reforms could be rolled back or significantly altered. He argues that although possessing up to 25 grams of cannabis is legal, there is currently no legal way to purchase cannabis in Germany, except by prescription at pharmacies or through cultivation clubs, which in practice do not yet exist.
“Instead of accelerating the opening of cultivation clubs, he proposes reducing the permitted amount of cannabis for recreational use to curb the criminal black market.”
Criticism has also emerged at the state level regarding the law’s practical implementation. The Federal Council’s Interior Committee has flagged several issues, such as ambiguities in enforcement and inadequate health protections.
They have proposed revisions, including reducing the monthly possession limit of 50 grams, which they argue exceeds the needs of occasional users and risks fueling black-market sales.
The committee also calls for clear rules governing cannabis clubs and proper disposal mechanisms for unsellable cannabis.
The Federal Council will review the Interior Committee’s recommendations in a plenary session on November 22, which may influence future amendments to the Cannabis Act.
Despite this pushback, Mr Fischer explained that in this context it is ‘important to distinguish between medical and recreational cannabis’.
“We are confident that the CDU/CSU, currently in opposition and aiming to be the Chancellor’s party, recognises the prescription simplifications and patient advancements achieved under the current coalition and has no intention of reversing them.
“Also, in 2017, the CDU/CSU first enabled the use of medical cannabis. Since medical cannabis can now be prescribed for widespread conditions such as migraines, stress relief, and other ailments, many doctors and patients are opting to try this plant-based therapy. If access to this treatment were restricted again, many patients, who are also voters, would have to revert to medications which came often with significant side effects.”
Looking ahead
Given that CanG, which removed cannabis from the list of narcotics and made adult-use consumption semi-legal, has now been passed into law, rolling back these changes will be time-consuming and controversial for a government faced with a number of major economic and societal crises.
As such, the reforms currently in place are less likely to be repealed. However, for reforms yet to be implemented, such as Pillar 2, the prospect of them every making it into legislation is looking increasingly unlikely.
“It’s unlikely that further major changes to cannabis laws will be prioritized in the near future, as the focus remains on other societal issues. However, the implementation of the Cannabis Act will be closely monitored, and potential adjustments or refinements may be considered based on its impact and public opinion,” Mr Fischer added.
Regarding Pillar 2, Mr Fischer argues that the only true way to determine if ‘the rise in cannabis prescriptions is entirely due to the newly approved diagnoses for which cannabis can now be prescribed or if it includes individuals without medical conditions who prefer to buy cannabis from controlled, licensed stores with expert advice’ is to enact Pillar 2.
“It‘s important to note that the Cannabis Act has already been passed, and some of its provisions, such as the decriminalization of cannabis possession and consumption, have taken effect. However, the implementation of Pillar 2, which involves more complex regulatory frameworks and commercial activities, may be more susceptible to political changes.”
As Business of Cannabis reported earlier this month, numerous German states have already expressed interest in launching model projects under Pillar 2, but this ‘political instability’ could now lead to ‘delays or even cancellations of these initiatives’.
There is cause for optimism, however. With recent developments suggesting Pillar 2 could be enacted without the need for new legislation, but instead through the existing CanG law.
“This approach could streamline the process and speed up the launch of these pilot projects. By using the existing legal framework, the German government may be able to avoid the time-consuming and politically complex process of passing new legislation, potentially allowing for earlier experimentation with different cannabis legalization models,” Mr Fischer continued.
“Although uncertainties and challenges remain, the current trajectory indicates that the implementation of the second pillar is progressing, and the existing CanG law could provide the necessary legal basis for this ambitious undertaking.
“However, questions around control, implementation, and regulatory limits persist. Whether and when a new government will address these questions remains uncertain.”
This issue and more will be available in Prohibition Partners’ upcoming report, The Global Cannabis Report: 5th Edition, which is now available to pre-order. Additionally, this topic will be discussed at the upcoming Business of Cannabis: Berlin Executive Summit.
