
Summary of the Draft law
The main focus of the CanG is the Consumption Cannabis Act (Konsumcannabisgesetz, KCanG) regulated in Article 1. The core of the KCanG is composed of the legalization of- individual self-cultivation and
- communal self-cultivation through cultivation associations.
Consequences for the Medical Cannabis Sector
Cannabis, THC and all the individual substances contained therein will be deleted from the Narcotics Act (Betäubungsmittelgesetz, BtMG), which means that medical cannabis will no longer qualify as a narcotic, but only as a prescription medicine. In practice, therefore, a narcotic prescription will assumedly no longer be necessary for the prescription of medical cannabis. Prescriptions will thus likely be redeemable for a longer period of time and cannabis would probably also be prescribable by e-prescription in the future, which is not yet possible for narcotics. Medical cannabis law is restructured in the Medical Cannabis Act (Medizinal-Cannabisgesetz, MedCanG). However, there are no major, significant changes in content compared to the current legal situation. Relevant permits continue to be required for the distribution and importation of medical cannabis. Due to the removal of cannabis from the BtMG, the legal basis for the required permits will now be contained in the MedCanG. However, the provisions of the MedCanG mirror the previously applicable provisions.Open topics
Rules for the a clearer definition of THC limits in road traffic are missing in the current draft. Cannabis in road traffic, however, is also a matter for the Federal Ministry of Transport. The limit value for a misdemeanor according to Section 24a para. 2 Road Traffic Act (Straßenverkehrsgesetz, StVG) for the cannabis active substance “THC” is currently 1 ng/ml blood serum. However, this value does not say anything about whether a person is roadworthy or not, as is the case with alcohol. Consumption a few days before, can still be detected later in the blood in high concentration. Therefore, an increase of this value has been discussed for some time, with an increase to 3.5ng/ml being under discussion. Currently, it is to be examined how this limit value can be determined on a scientific basis. To this end, a new interdisciplinary working group is to be set up at the Ministry of Transport with experts from the fields of medicine, law and traffic.Evaluation of the Law
The current draft law was prepared taking into account the intensive and confidential discussions with the EU Commission as well as the balancing of national political interests. The fact that cannabis cultivation and distribution will initially be possible exclusively on a non-commercial basis has resulted in many bureaucratic and impractical hurdles. In addition, it is still questionable in which spatial capacities the cultivation should take place and who will provide the infrastructure and the necessary expertise to meet the quality requirements. Finally, it is also unclear whether state authorities will even be able to approve and monitor cannabis associations. It is also questionable whether the law will actually relieve the burden on the courts. In fact, the German Judges’ Association (Deutscher Richterbund) fears an additional burden on the judiciary and the authorities, especially due to the high bureaucratic hurdles.Time Frame
The law still has to pass through the Bundestag and may be through the Bundesrat. The first reading in the Bundestag is scheduled for this fall. In the Bundesrat, at least according to the Federal Ministry of Health, the law does not require approval – although this is controversial. In practice, this question is highly relevant, as opposition is to be expected from the Christian Democratic Union/Christian Social Union (CDU/CSU) parliamentary group in the Bundesrat. CDU/CSU politicians in particular are currently voicing a great deal of criticism of the legalization project, with reference to the protection of minors, among other things. For the time after the parliamentary summer break, the Federal Ministry of Health has also announced the “second pillar” of the legalization project. This envisages regional model projects with commercial supply chains. In the model regions, production, distribution and dispensing are to be made possible in specialist stores. However, the upcoming law will likely be submitted to the European Commission for review, the Federal Ministry said. Sources:- https://www.bundesgesundheitsministerium.de/fileadmin/Dateien/3_Downloads/Gesetze_und_Verordnungen/GuV/C/Cannabisgesetz-CanG_RefE.pdf
- https://www.bundesgesundheitsministerium.de/fileadmin/Dateien/3_Downloads/C/Cannabis/Gesetzentwurf_Cannabis_Kabinett.pdf
- https://www.bundesregierung.de/breg-de/aktuelles/cannabis-legalisierung-2213640
- https://www.bundesgesundheitsministerium.de/themen/cannabis/faq-cannabisgesetz-entwurf.html
- https://www.cducsu.de/presse/pressemitteilungen/cannabis-legalisierung-macht-deutschland-unsicherer
- https://www.brak.de/newsroom/news/cannabis-legalisierung-regierungsentwurf/
- https://www.drb.de/positionen/stellungnahmen/stellungnahme/news/18-2023