Following Germany’s coalition government announcement in 2021 that it intended to legalise adult-use cannabis, the first insights into what the country’s legislation may look like have now come to light.
In a document leaked to German news organisation, RND, details of drafted legislation proposals suggest the country is looking at making possession of up to 20 grammes of cannabis exempt from legal repercussions.
The key points report, drafted by Health Minister Karl Lauterbach, was viewed exclusively by RND, which reports that the cultivation of up to two cannabis plants may also be allowed.
Read more: Germany’s legalisation push has lit up the European cannabis market
Additionally, RND reports that the THC strength of plants would be capped at 15 per cent, with adults between the ages of 18 and 21 only being permitted to buy cannabis with up to 10 per cent THC.
A focus on protecting young people is also set out in the report, according to the German publication, which stated that youth welfare offices will be able to refer young people to prevention courses if they are caught in possession of cannabis. To further protect minors, cannabis shops would be regulated, with a minimum distance from schools and young people’s facilities set for shop locations.
Further key points suggested in the report, according to RND, include:
- Cannabis would no longer be classed as a narcotic
- Imports will not be allowed, with national demand having to be covered by German production
- A cannabis tax based on THC content could be introduced
- Cannabis sales would be permitted in licensed shops
- Cannabis sales may be permitted in pharmacies
- The black market could be further restricted through online cannabis sales
- A license to sell cannabis will be required, otherwise, it remains a criminal offense
- Synthetic cannabinoid sales remain prohibited
- Advertising products could be prohibited
Germany’s Cannabis Industry Association has welcomed the legislation’s orientation towards the protection of minors and health, however, it has stated that competitiveness against the black market must be improved.
Departmental co-ordinator for the regulation of stimulants at the Cannabis Industry Association (BvCW), Dirk Heitepriem, stated: “We support the orientation towards youth and health protection. At the same time, it is important for us as a legal cannabis economy to remain competitive with the black market.
“Three criteria in particular are relevant for this: quality, product variety and price. The envisaged THC upper limit for legal products, on the other hand, would leave a large part of the market illegal and thus clearly advantage the black market.” [Translated from Google]
One of the key points contained in the report, according to RND, that advertising of legal cannabis products would be restricted, is something the BvCW is critical of.
Heitepriem stated: “Successful containment of the black market requires a legal cannabis industry that can operate profitably.
“An important prerequisite for this is the creation of brand identities. That is why informative and enlightening advertising and branding should be made possible, especially at the point of sale – behind an age barrier.” [Translated from Google]
Managing Director of the BvCW, Jürgen Neumeyer, added: “But first we have to wait for the federal government’s final key issues paper.
“We are pleased that the voice of the cannabis industry has already been taken into account, such as on THC-based taxation and e-commerce licensing, and we look forward to further constructive discussion.”
RND has emphasised that “the Federal Ministry of Health did not confirm the RND report on request and referred to ongoing votes in the federal government”. [Translated from Google]
CEO of German cannabis company Bloomwell Group, Niklas Kouparanis, highlighted that with the report being a draft, caution should remain, with certain measures contained in the document potentially thwarting its own goals
Kouparanis stated: “It is important to note that this leaked copy is not the final version, rather unofficial information that should be treated with caution.
“With these reservations in mind, we are pleased that the Federal Government is aiming for a nationwide supply at prices analogous to the illegal market in order to curb illicit operations and thus ensure more protection of minors, and quality control with the health of the consumer in mind.
“However, the draft framework thwarts its own goals with certain measures.”
The measure to rely on domestic production, says Kouparanis, is unsustainable, which could lead to a rise in unregulated products through home cultivation, and a cap on THC levels may be a benefit to the black market.
“In order to be able to meet the demand of adult-use cannabis, we should make imported cannabis a reality as soon as possible,” stated Kouparanis. “Domestic production alone will hardly be able to meet Germany’s demand for adult-use cannabis from day one. If home-grown cultivation booms in this case, this leads to products that are less controlled and regulated instead of more safety measures for consumers.
“There’s also the issue that THC limits may play into the hands of the illegal market.
“On the positive side, the development of a comprehensive sales infrastructure is also being made a top priority in rural regions. In the final draft of the law, online trading should therefore not only be considered, but also be made a reality.
“However, it remains questionable whether a final selling price of a maximum of ten euros can be achieved analogous to the illegal market. We should therefore refrain from strict GMP standards and look for ways to allow imported cannabis as soon as possible.
“This already exists for the medical market.”
Kouparanis highlights that the THC-based cannabis tax also needs to be adapted, pointing to examples such as Canada which has so far been unable to squash the blackmarket with a legal market, and echoes the sentiment of the BvCW on advertising bans.
“The planned ‘cannabis tax’ must also be adapted to current challenges along the entire value chain. Among other things, energy prices will also have an impact on domestic cultivation,” Kouparanis said. “Many US states and Canada’s market are cautionary examples of how difficult it can be to push back the illegal market.
“Cannabis companies should therefore be guaranteed a minimum level of information despite the comprehensible ban on advertising.”
Bloomwell Group co-founder, Anna-Sophia Kouparanis, added: “As reported in the draft of the legalisation framework, we welcome that cannabis will no longer be considered a narcotic in the future.
“This historic step will also significantly ease the administrative burden of medical cannabis therapy and may finally lead to more chronically ill people benefiting from cannabinoid-based therapy.
“After all, access to doctors who are willing and able to support patients in cannabinoid-based therapy is still a bottleneck that our industry faces.”
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