Germany’s coalition government has set out to legalise cannabis for adult use through licensed shops in Germany, and public pressure is mounting for the plans to go ahead.
Earlier this week, Germany’s conservative party requested a statement from the government on how it will implement cannabis legalisation in accordance with international law from the Bundestag.
In particular, it refers to the UN Single Convention on Narcotic Drugs, as well as EU laws which refer to the UN single convention that state domestic cannabis cultivation and sales are prohibited. The UN Single Convention on Narcotic Drugs has been ignored by countries such as Canada and Uruguay which have legalised cannabis.
Read more: Crafting cannabis policy to adhere to European and international regulations
Whilst experts are suggesting that the country may do the same, Bloomwell Group CEO, Niklas Kouparanis, suggests there is a number of different routes Germany could take.
“What was clear from the beginning is that it will not be an easy task,” said Kouparanis. “Cannabis legalisation on a national level is possible, but we also have to keep in mind international laws and that is what is happening right now.”
Germany’s options
So far, the German Government has held five hearings with 200 experts from the industry to discuss how the legislation could be enacted and what Germany can learn from other models of legalisation.
Kouparanis suggests that Germany could take a different approach to countries such as Canada and Uruguay, and that the next steps are for Germany to put together “key fact papers”, the first outline of the new law, which, Kouparanis says, would be by Q1 2023.
Read more: Exploring models for adult use cannabis regulation in Europe
“On a national level, we don’t have an issue, but international laws are very important. Ignoring the UN Single Convention is not a good idea for Germany,” said Kouparanis. “Canada and Uruguay can ignore the UN Single Convention because they are not part of a bigger union. The issue for Germany is that we are also part of the European Union, and the European Union is eager to sanction such behaviour.
Read more: Germany to begins consultations for cannabis legalisation
“However, what is an opportunity for Germany is to do what Bolivia has done with the legalisation of coca leaves. Bolivia stepped out and then stepped back in to the UN Single Convention. Germany could do the same for cannabis, which is also up to the EU for approval.
“The most likely scenario for me – if we want to get legalisation done in Germany and if we want to get it done fast – is to implement a scientific pilot project, like is currently being carried out in the Netherlands and in Switzerland. This is allowed under the UN Single Convention, and of course, is also allowed under EU laws.
“A national scientific pilot project is something nobody has done before and Germany would be the first country to do so. This would also give the German government some time in order to work it out full legalisation on a European level.”
A fourth scenario, says Kouparanis, is interstate modifications whereby Member States of the UN Single Convention can form an alliance and change laws for themselves.
Kouparanis said: “That is something that is possible but has never been done before. For example, if Uruguay, Canada and Germany decided to form an alliance and no longer be part of this specific law that prohibits domestic cannabis legalisation, these three countries could also trade with each other.”
Germany currently needs 20 tonnes of medical cannabis annually but is only cultivating a maximum of 2.7 tonnes, and actual production is below this amount. Kouparanis suggests that trade unions are an option that could be implemented fast.
Canada, for example, has an excess capacity of 80 per cent in the market, but agreements would be needed to trade, Germany would need to allow imports and Canada would need to allow exports to Germany.
“A legalised market in Germany would be the biggest domestic market for cannabis in the world. We have 84 million inhabitants, bigger than California and Canada combined, which are the two flagship markets right now. As we do not have domestic cultivation, Germany will be strictly relying on imports,” said Kouparanis.
“That is something that is very important globally for the cannabis industry that imports and export will be allowed in Germany.”
Kouparanis highlights that there has been a black market in Germany for some time, and that the country currently has specific strains which are cultivated illegally which could be sold in a recreational setting under the right regulations.
With Amsterdam’s recent announcement that it will be banning tourists from its coffee shops, and with Germany being surrounded by Member States, cannabis tourism could be a lucrative opportunity for the country.
“We could have cannabis made in Germany, which could also be a proof of quality, like all the other products which come from Germany,” said Kouparanis. “If US tourists want to travel to Germany, maybe it will no longer be pretzels and beer, but beer and cannabis.
“We’re in the heart of the European Union so, with a lot of Member States on the border, I think there will be a lot of tourism when it comes to cannabis.”
Looking forward to a German market
Kouparanis suggest Germany will see cannabis legalised by mid-2024, beginning with the suggested scientific pilot project.
Canada or California would not be good models for Germany to base its legislation on as the country aims to get rid of the black market. In these countries, many consumers still use the black market due to high taxes driving up costs.
“There’s still a lot of things we need to keep in mind when it comes to cannabis legalisation. For example, California decriminalised cannabis before it legalised cannabis, which does not drain the black market,” Kouparanis commented.
“Germany has the chance to be a role model in how to actually make cannabis legalisation successful and implement a national legalisation which helps people, serves the need of draining the illicit market, has security in terms of product quality, security in terms of minor protection and to have a product which satisfies the demand of the consumer.
“That’s why we need to be precise, we need to keep in mind the international laws. If Germany really changes European law in terms of cannabis when it comes to referring to the UN single convention, then the UN needs to question its prohibition regarding cannabis in the long term.
“That could be a domino effect, not only in the European Union but also globally, when it comes to how we actually think about cannabis and how we want to want to legalise cannabis on a global scale.
“I am very optimistic that we will get it done. We need to do it in a way that we can be a global role model, as well as on a European level. I think we should do it in a scientific way, first, with a national pilot project – maybe we can be the first country who does that, and figure out how we can change European law when it comes to the UN Single Convention.”
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