On 16 August 2023, the Federal Cabinet introduced a bill on the partial legalisation of cannabis. The draft implements the first pillar of the key proposals paper on the legalisation of cannabis for recreational purposes that was already presented on 12 April 2023 (see our article of 12 April).
The bill in detail – implementation of the first pillar of legalisation
Along with amendments to existing laws such as the Criminal Code (Strafgesetzbuch), the Narcotics Act (Betäubungsmittelgesetz) and the Medicinal Products Act (Arzneimittelgesetz), the bill provides in particular for the introduction of a Recreational Cannabis Act (Konsumcannabisgesetz, “KCanG”) and a Medical Cannabis Act (Medizinal-Cannabisgesetz, “MedCanG”).
Recreational Cannabis Act
The KCanG includes the following regulations:
- Adults will be able to legally possess up to 25 grams of cannabis for their own consumption.
- Non-profit associations (“cannabis clubs” or cultivation associations), with a maximum of 500 members 18 years of age and older, may collectively cultivate cannabis for recreational purposes and supply it only to members for their own consumption. These clubs will be under the supervision of the state authorities.
- A maximum of 25 grams of cannabis per day and 50 grams per month may be dispensed to each member. People under 21 years of age may only receive a maximum of 30 grams per month.
- Consumption will not be permitted in the club rooms (the consumption of alcohol will also be prohibited).
- The clubs will have to maintain a minimum distance from schools and day-care centres, and the consumption of cannabis will be prohibited within a 200m radius of schools, day-care centres and the cultivation associations themselves. Consumption of cannabis in pedestrian zones before 20:00 will not be allowed.
- In the future, each adult will be allowed to have three cannabis plants for home cultivation. For this purpose, cultivation associations may provide their members with a maximum of seven seeds or five cuttings per month. Appropriate measures and safety precautions will have to be taken to ensure that home-grown cannabis is not accessed by children, adolescents or third parties.
- Contrary to original plans, providing home-grown cannabis to other adults for direct consumption in their own homes will remain prohibited.
- The law will be reevaluated after four years.
- In contrast to what is stipulated in the coalition agreement, there will be no full-scale legalisation.
- Nevertheless, cannabis will become more available in the population as a whole which, from a purely objective standpoint, is also likely to have an impact on law enforcement. It remains to be seen whether the new possession limits, etc. will actually lead to less bureaucracy and criminal prosecution.
- For the time being, commercial production and distribution of cannabis will still only be possible for medical purposes.
- However, it is also conceivable that for chronically ill patients, membership in a “cannabis club” will eliminate their need to obtain prescriptions for medical cannabis.
- It is very likely that it will only be possible to dispense commercially produced/imported cannabis in licensed shops in the course of implementing the model projects involved in the second pillar. It is unclear when these model projects will commence. According to Federal Health Minister Lauterbach, a corresponding bill is planned for autumn 2023.