Germany Cannabis Legalization Draft Leaks, Criticism Rolls in

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Put it back in! The legislation to legalize cannabis in Germany isn’t done yet.

Any writer will tell you that the first draft of anything isn’t meant for public consumption, so TheStreet has sympathy for the predicament in which the German government currently finds itself. 

On Wednesday, a draft version of the German government’s long-awaited marijuana legalization proposal was leaked and it was met, predictably, with criticism from advocates on both sides of the issue. 

The purchase and possession of up to 20 grams of weed would be “exempt from punishment” for German citizens 18 years and up under the draft proposal.

Germans would be allowed to grow up to two marijuana plants for personal use, but there would be a 15% THC cap on marijuana products for adults over 21. Smokers over 18 but under 21 would be restricted to weed with a 10% THC cap. 

The caps would help prevent “cannabis-related brain damage,” according to the legislation’s authors. 

Cannabis would be decriminalized for people under 18 caught with weed, but welfare offices could “oblige” young people to take part in prevention courses, according to the German report. 

Cannabis advertising would still be prohibited under the new rules, making sure “recreational cannabis is sold in outer packaging (plain packaging) with no promotional design.”

Opinions Roll in

The leak attracted critics from the left, like Kristine Lutke of the Free Democratic Party who took to Twitter to voice her displeasure. 

“The guidelines on #cannabis-legalization from the @BMG_Bund is unnecessarily restrictive! #THC upper limit and possession limit of 20g & restricting the legal age to 21 years will drive consumers to the #blackmarket – a catastrophe for youth, health & consumer protection,” she said.

Meanwhile, Kristen Kappert-Gonther of the Green Party also sees issue with the country’s THC cap pushing potential consumers to the black market. 

“The proposed policies known so far regarding #legalizing #cannabis are too restrictive! For the protection of youth and the health of the general population, the #legal market needs to be more attractive than the #blackmarket. The #THCUpperlimit does not fit that description,” she said. 

Still other politicians point out that any German law legalizing cannabis could be dead on arrival if the rules run afoul of the laws of the European Union. 

Apparently any changes would require the approval of the EU’s member states thanks to the Schengen Agreement. 

“If (German Federal Health Minister) Karl Lauterbach cannot achieve this broad European consensus on drug policy, German legalization will evaporate before the European Court of Justice,” said Stephan Pilsinger, member of conservative Christian Social Union party in the Bundestag, Germany’s political lower house. 

Not everyone is jumping to conclusions, with at least one member of the business community preaching patience. 

“It is important to note that the draft that leaked to media is not necessarily the final version of the regulatory framework. We need to be mindful that this is still unofficial information when examining it and before drawing any conclusions,” said Niklas Kouparanis, CEO of Bloomwell Group, which bills itself as the largest German cannabis company. 

Early Draft Issues

Whoever leaked the “cornerstone paper” to RND is getting the feedback they were presumably looking for, and there’s potential for the issues to be addressed. 

“On the positive side, the development of a comprehensive sales infrastructure is also being made a top priority in rural regions,” Kouparanis said. 

However, Germany’s insistence on a ban on imported cannabis could hamper the country’s own stated goals of eliminating the illicit market. 

“We should make imported cannabis a reality as soon as possible,” in order to meet demand, Kouparanis said. “Domestic production alone will hardly be able to meet Germany’s demand for adult-use cannabis from day one.”

Despite that complaint, Bloomwell Group still sees the draft as a positive step in the right direction. 

“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,” co-founder Anna-Sophia Kouparanis said.