| Cannabisgesetz | |
|---|---|
| German Bundestag | |
| |
| Territorial extent | Germany |
| Enacted by | German Bundestag |
| Enacted | 27 March 2024 |
| Commenced | 1 April 2024 |
| Status: In force | |
The German cannabis control bill (German : Cannabisgesetz) is a bill passed by the German Bundestag in February 2024, and the Bundesrat in March, that legalised the adult (18-years-old and over) use of cannabis in Germany, as well as the personal possession and cultivation of limited amounts of cannabis by adults in Germany, beginning on 1 April 2024. Adults in Germany are allowed to possess up to 25 grams of cannabis in public and up to 50 grams of dried cannabis at home. Each individual adult in Germany may also have up to three of their own cannabis plants at home. As part of the bill, adult-only non-profit cannabis social clubs with a maximum of 500 members will become legal in Germany from 1 July 2024.
Entwurf eines Cannabiskontrollgesetzes (CannKG; "Draft of a cannabis control law") was a bill proposed in 2015 that would remove cannabis from the list of scheduled drugs in Betäubungsmittelgesetz, the federal controlled substances law in Germany. The issue was proposed by Alliance 90/The Greens (the German Green Party).[ when? ] It would regulate cannabis in a manner similar to alcohol, with adults 18 years old permitted to buy and possess up to 30 grams in regulated stores. [2] [3]
A new regulatory framework that would legalise cannabis in Germany was brought out with an Eckpunktepapier ("cornerstone paper", or framework paper), introduced on 26 October 2022 by Minister of Health and member of the Bundestag, Karl Lauterbach, who is a physician and epidemiologist trained in the United States and Germany.
The 2022 deregulation proposal was leaked around 19 October 2022. [4] [5] [6]
In March 2023, the health minister, Karl Lauterbach, reported a positive reaction from European Commission on the plan, and intended to bring a bill forward soon. [7]
The finalised bill received approval of the governing parties on 2 February 2024. [8] [9] The Bundestag passed the bill on 23 February 2024, and the Bundesrat approved it on 22 March, with the national legalisation to follow by 1 April. [10] [11] The final bill legislates that adults in Germany (those aged 18 and over) can legally use cannabis, possess and carry up to 25 grams (7⁄8 oz) of cannabis for personal possession in public and have up to 50 grams (1+3⁄4 oz) of dried cannabis at home. [12] The legislation states that adults have a maximum purchase limit of 25 grams of cannabis a day and a monthly maximum purchase limit of 50 grams of cannabis. [13] Each individual adult in Germany can also have up to three of their own cannabis plants at home. [14] From 1 July 2024, adult residents of Germany will be allowed to join adult-only non-profit cannabis social clubs in Germany, with a maximum membership of 500. [15] These cannabis social clubs will require permits. [16] Consumption of cannabis near schools, kindergartens, public playgrounds, sports facilities and "pedestrian zones in city centers between 7 am and 8 pm" will not be allowed. [17] [12]
Details of a leaked version of a new scaled-back plan were published by German newspaper Die Zeit in late March. The new plan would have experimental controlled legalization in sub-national areas. [18] [19]
The new plan was officially announced on 12 April. Provisions included legal possession of up to 25 grams of cannabis, and home- or club-grown cannabis, but did not allow large-scale commercial production and sale of the plant. [20]
The proposal was accepted by the federal cabinet on 16 August to be submitted to parliament. [21] If it goes through as planned by the health ministry, the law could be in effect as early as the beginning of 2024. [22] It survived a challenges by German states in the Bundesrat in late September, prior to its being taken up by the Bundestag. [23] [24]
A version of the bill agreed to by the German governing coalition, the traffic light coalition, was released on 27 November 2023, with a vote planned soon to allow for legal possession by adults by 1 April 2024. [25] A vote on the bill was considered likely to pass by 1 December. [26] Health Minister Lauterbach said in January 2024 that the bill would be passed by the Bundestag in the week between 19 and 23 February and then go into force beginning on 1 April. [27]
According to a YouGov poll in February 2024, 47% of Germans stated that they either somewhat or completely support the bill, while 42% of respondents said they somewhat or completely oppose the bill. [28]
The issuance of the draft regulations by Ministry of Health was called "decisive step toward legalization" by Politico . [6]
Deutscher Hanfverband criticised a 15% THC limit in the leaked draft. [29]
The bill has been criticised by many in the Social Democratic Party of Germany (SPD) because it does not allow for the control of cannabis via sales from licensed stores, which they state would tackle organised crime and reduce the burden on the police. [30] A 2021 study from the University of Düsseldorf concluded that legal sales of recreational cannabis in Germany could raise over $5.3 billion in additional yearly tax revenue and create 27,000 jobs in the country. [31]
Those from the opposition CDU/CSU said if they form a government after the next German federal election they will completely scrap the bill. [32] The conservative CSU government of Bavaria wanted to see if it could take a legal route to stop the implementation of the bill. [33]
Provisions of the October 2022 framework paper include sales in licensed establishments, and personal possession by adults over 18 years of 20 to 30 grams of cannabis without THC content limit. There may be sales limitations regarding persons under 21 years of age. [34] [35]
The ministry document is intended to have direct effect under Directive (EU) 2015/1535. Germany said it would present the framework paper to the European Union before implementing legislation. [36]
Same-sex marriage has been legal in Germany since 1 October 2017. A bill for the legalisation of same-sex marriage passed the Bundestag on 30 June 2017 and the Bundesrat on 7 July. It was signed into law on 20 July by President Frank-Walter Steinmeier and published in the Federal Law Gazette on 28 July 2017. Previously, the governing CDU/CSU had refused to legislate on the issue of same-sex marriage. In June 2017, Chancellor Angela Merkel unexpectedly said she hoped the matter would be put to a conscience vote. Consequently, other party leaders organised for a vote to be held in the last week of June during the final legislative session before summer recess. The Bundestag passed the legislation on 30 June by 393 votes to 226, and it went into force on 1 October. Germany was the first country in Central Europe, the fourteenth in Europe, and the 22nd in the world to allow same-sex couples to marry nationwide.
A Cannabis Social Club (CSC), sometimes called Cannabis Club, Cannabis Association, or Teapad, is a type of cannabis retail outlet, an industry model for regulated cannabis organised as non-profit cooperatives in which cannabis is cultivated, shared, and enjoyed collectively, usually for the purpose of relaxing or for social communion.
Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.
Cannabis in Switzerland is illegal, though minor possession was decriminalised to a fine in 2012. Several cantons began to allow adults to cultivate and use cannabis in 2012, but this was struck down by federal courts. In 2016, four cities stated they were looking into establishing pilot cannabis clubs. The number of cannabis users in Switzerland is estimated to be around 500,000 among a population of 8 million.
In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. On May 1, 2024, the Associated Press reported on federal plans to change marijuana to a Schedule III drug.
In the early 21st century, advocacy for drug legalization has increased in Latin America. Spearheading the movement, the Uruguayan government announced in 2012 plans to legalize state-controlled sales of marijuana in order to fight drug-related crimes.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis in Minnesota is legal for recreational use as of August 1, 2023. On May 30, 2023, Governor Tim Walz signed House File 100 into law, legalizing the use, possession, and cultivation of cannabis within the state. Licenses for commercial sales will likely not be issued until 2025, in order for the Office of Cannabis Management to establish regulatory frameworks.
Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.
Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.
Cannabis in Germany has been legal for recreational usage by adults in a limited capacity since 1 April 2024. As of February 2024, it has been assessed that 4.5 million Germans use cannabis.
Cannabis in Luxembourg is legal for recreational and medical use for adults under specific circumstances. A bill was passed in the country's parliament June 2023 to legalise the following for adults in Luxembourg: recreational possession, home-use of cannabis, and growing up to four cannabis plants per household. The law took effect on 21 July 2023.
Cannabis in Malta is legal, within limits, to grow, use, and possess for adults. In 2018, the Parliament of Malta legalised medical cannabis. On 14 December 2021, the Parliament of Malta legalised recreational cannabis for personal possession and use for those aged 18-years-old and over, becoming the first EU country to do so.
Cannabis in Mexico is legal for both recreational and medicinal purposes. It became legal for recreational purposes in June 2021, upon application and issuance of a permit from the health secretariat, COFEPRIS. On 29 June 2021, the Supreme Court of Mexico decriminalized the recreational use of cannabis. President Andrés Manuel López Obrador signed a bill that allows adults 18 and over to possess up to 28 grams of cannabis and grow up to six marijuana plants on their property.
The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis.
Cannabis in Ukraine is legal for medical purposes.
The Cannabis Act is a law which legalized recreational cannabis use in Canada in combination with its companion legislation Bill C-46, An Act to Amend the Criminal Code. The law is a milestone in the legal history of cannabis in Canada, alongside the 1923 prohibition.
Katrin Helling-Plahr is a German lawyer and politician of the Free Democratic Party (FDP) who has been a member of the Bundestag since the 2017 election.
The planned law on self-determination with regard to gender entry, unofficially also called the Self-Determination Act is intended to make it easier for transgender, intersex and non-binary people in Germany to have their gender entry and first name changed.
Die geleakten Cannabis-Eckpunkte lassen die Hoffnung auf eine Freigabe schwinden. Qualität und Quantität sollen weiterhin massiv kontrolliert werden.
Germany plans to decriminalize the purchase and possession of small amounts of cannabis, allow licensed sales in shops, but advertising would be banned. The so-called cornerstone paper represents a decisive step toward legalization in the EU's most populous nation
The German Bundesrat has legalized cannabis consumption, with some restrictions, starting in April
Wenn alles läuft, wie derzeit vom Bundesgesundheitsministerium geplant, soll das Gesetz bereits Anfang 2024 in Kraft treten.[If everything goes as currently planned by the Federal Ministry of Health, the law should come into force as early as the beginning of 2024.]
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