The legalisation of cannabis in Germany is delayed again: What comes next?

The German federal government has been promising to legalise cannabis for almost exactly two years. After months of comings and goings, the draft of the Cannabis Control Bill, or CanG for short, was introduced last summer. This bill was then subject to much discussion in the autumn: supporters of legalisation found the rules too restrictive, whereas critics found them too lax.

By the end of November, the politicians responsible for the 'traffic light coalition' (based on the colours of the Social Democratic Party (SPD), the Free Democratic Party (FDP), and the Greens), eventually managed to agree on a final version of the bill, including dates for the authorisation of the cultivation of regulated cannabis and the establishment of cannabis clubs.

One crucial part is that both domestic and community cultivation will be authorised to people over 18. The Federal Parliament needs to pass this bill in the last week of this year's Bundestag session, between 13th and 15th December, for the reform to come into force in early 2024. Unfortunately, however, it now looks highly unlikely that this is going to happen.

The SPD parliamentary group contradicts its own decision

Last weekend, SPD politician Dirk Heidenblut announced that his parliamentary group had "concerns" about legalisation. The German Hemp Association had previously warned that "discussions and consultations" on the law were still taking place within the SPD.

These concerns and conversations contradict the decisions taken in the last week of November, when representatives of the SPD, the Greens, and the FDP agreed with Health Minister Karl Lauterbach (SPD) to revise the bill, with amendments mainly designed to relax the restrictions faced by defenders and supporters within the Bundestag. But, in an absolutely astonishing turn of events, SPD party members have reversed these agreements and delayed the final readings of the bill until 2024.

The amended bill proposes to remove cannabis from the list of prohibited substances in the Narcotic Drugs Act. The changes include increasing the maximum amount allowed for domestic growing and eliminating the possibility of going to jail for possessing just slightly more than the permitted limit. In fact, the amount of dry cannabis allowed for domestic cultivation would double, increasing from 25 to 50 grams, with the possibility of growing up to 3 plants. But this rule has been highly criticised because it is possible to obtain a significantly greater amount than this from three plants.

The proposed criminal consequences were also relaxed. While criminal liability was initially foreseen to involve quantities exceeding 25 grams, administrative penalties will now be considered for quantities ranging from 25 to 30 grams of cannabis in public spaces, and between 50 and 60 grams in private spaces. Criminal offences only apply to possession beyond these limits. What's more, fines are expected to be reduced from a maximum of €100,000 to a maximum of €30,000 in the interests of a more proportionate response.

Public consumption standards were also being revised. The bill now says that people cannot publicly use cannabis "within sight" of nurseries, playgrounds, and schools, and must maintain a distance of at least 100 metres, something that seems practically impossible. Previously, the limit was set at 200 metres.

A staggered road map

Legislators also agreed to stagger the implementation of the reform, legalising possession and domestic cultivation for adults from 1st April 2024. Social clubs could now start opening their doors in July to distribute marijuana to their members. The SPD even issued a press release welcoming a "paradigm shift in cannabis-related drug policy".

This made it clear that the law would reach its final vote in the final weeks of the year (in theory between 11th-15th December). And that was exactly what was planned until just a few days ago. But now, that vote is no longer on the agenda.

It wouldn't be the first time that the SPD has stopped the issue of cannabis. There are different viewpoints on this plant within the party, and many SPD politicians have their doubts on legalisation. And it appears that, if the law were voted on now, there would be a significant proportion of negative votes from the SPD parliamentary group.

Legalisation from 1st April? Time is running out for the traffic light coalition

Earlier this year, Germany reversed its initial plan to implement the legalisation of recreational cannabis at national level, opting instead for a reduced two-phase approach. According to the current plan outlined in the bill, adults will be allowed to grow at home and possess certain amounts of marijuana as of 1st April 2024. And from 1st July, social cannabis clubs will be authorised for collective cultivation. This is what's called "Pillar 1" of the future law.

The authorities eventually plan to introduce a second complementary measure that would establish pilot programmes for commercial sales in cities across the country. After the Bundestag passes the Pillar 1 legalisation bill, legislators will continue to work together on Pillar 2. However, it is not clear whether the current government will be able to achieve the second phase of its legalisation plan before its mandate expires.

Therefore, there was talk of 1st January 2024 being the starting point for legalisation just a few weeks ago, but at that point the cannabis law hadn't even entered the voting agenda. The federal government first blamed it on the war in Israel, and later on cuts to the 2024 budget. So, the message is clear: it seems that at this moment in time there are more important issues than the legalisation of marijuana.

So now what?

It is not yet clear when the vote on this law will take place. Similarly, the start date of 1st April 2024 is also currently at risk. In order to meet the deadlines set by the Minister of Health for its entry into force, voting should take place no later than January. More specifically, it would have to reach the Bundestag between 15th and 19th January.

After the final reading of the bill in the Bundestag, it will be passed to the Bundesrat, which is the Chamber of the Länder (or 'federal states'). This is an independent body representing the sixteen German states that is also involved in the legislative process. The next meeting of the Federal Council will be on 2nd February 2024. Therefore, the law wouldn't come into force until later, which means that the reform will probably not take effect until 1st April 2024.

What's more, the members of the Bundesrat tried to block the proposed reform in September, but ultimately failed. Among other things, they fear the high financial implications for the Länder that would be needed for both monitoring and enforcement tasks and prevention and intervention measures.

Yet another slap in the face for the development of the German cannabis sector

The industry is upset by the constant disputes within the federal government. Business owners are already talking about "debacle and tragedy", and they say that the lack of approval by the SPD is "a slap in the face". One thing is clear: patients, consumers, and the industry itself need greater clarity.

To top it all off, this development has taken place amid Germany's ongoing dialogue with the EU and international stakeholders, whilst working to ensure compliance with global obligations and learning from the legalisation experiences of other countries.

German policy seems to be too far removed from pragmatic and realistic solutions. Some remain optimistic that the first part of the bill could still be enacted before its recently revised deadline of 1st April 2024. However, others suggest that the bill is now being used as a political bargaining tool in an increasingly fractured coalition, so its future remains uncertain.