Law before decision – Legal weed smoking in Germany: what are the rules?

But the entire project is far from controversial.

• Why is legalization actually taking place?
  “We must adapt cannabis drug policy to social reality to combat the black market and especially protect children and young people,” says health expert Janosch Dahmen of the Green Party. “Apart from a few indignant rhetorical puffs of smoke, the sober figures unfortunately show that a pure ban does not lead to fewer people consuming cannabis – on the contrary: consumption, especially among young people, is increasing.” Minister Karl Lauterbach (SPD) also emphasizes the message: “It will be legal, but there are problems.” Until now, many parents did not know how harmful consumption was. Young adults in particular should be made aware of the increased risks.

• How is legalization implemented?
  Cannabis will be removed from the list of prohibited substances in the Narcotics Act. In the future, handling them will generally be prohibited by law, but with three specific exceptions for people aged 18 and over. This concerns the possession of certain quantities, private cultivation, but also cultivation and distribution in special associations. In general, personal consumption is not among the prohibited activities under the international legal framework, as stated in the draft law. The use of cannabis and consumption in the military areas of the Bundeswehr must remain taboo.

• What exactly should be possible for adults in the future?
  Possession of up to 25 grams of dried plant material for personal consumption should be permitted, which may also be taken into public areas. In private homes, possession of a maximum of 50 grams should be allowed. Three plants can also be grown at the same time. Anything beyond that must be destroyed immediately. Harvesting should only be done for personal use and not for passing on to others. Seeds, plants and harvested hashish and marijuana must be protected from theft and access by children – for example with lockable cupboards and rooms.

• What should cannabis cultivation clubs look like?
  “Breeding associations” should also be allowed. So something like adult clubs, in which up to 500 members living in Germany grow cannabis together and distribute it to each other for their own consumption – a maximum of 25 grams of cannabis per member per day and a maximum of 50 grams per month For 18 to 21 year olds, 30 grams per month with a maximum of ten percent tetrahydrocannabinol (THC), the drug with the intoxicating effect. The clubs must be organized as non-commercial associations and require a license valid for a limited time. The attached building may not be an apartment and may not have conspicuous signage. Advertising is taboo, including cannabis consumption directly on site. Cultivated areas and warehouses must be secured and there are rules for transportation.

• Which requirements still apply?
  To obtain community-grown cannabis, you must personally collect it on site and present your membership card and official photo ID. Only cannabis in its pure form is permitted, i.e. as dried flowers and leaves close to the flowers (marijuana) or as excreted resin (hashish). Mixtures or compounds with tobacco, nicotine or food are prohibited. The packaging must be neutral. An information sheet must include the weight in grams, the species, the average THC content in percent and information about the risks of consumption. No purchase price may be charged; the associations must finance themselves through their membership fees. Documentation requirements and official controls are also arranged.

• What about children and young people?
  The acquisition, possession and cultivation of cannabis remains completely prohibited for minors, as the German Ministry of Health emphasizes. Passing it on to children and young people is a criminal offence. Consumption “in the immediate presence” of people under the age of 18 should be prohibited, as well as in pedestrian zones from 7 a.m. to 8 p.m. Smoking weed is also prohibited on playgrounds, schools, children’s and youth facilities, sports facilities and within sight of them – i.e. within a radius of 100 meters from the entrance area as the crow flies. Initially 200 meters were planned.

• How widespread is cannabis use really?
  According to the Ministry of Health, there is still no valid data on the amount of cannabis consumed for non-medical purposes. According to surveys, 4.5 million adults say they have used cannabis at least once in the past 12 months: 10.7 percent of men and 6.8 percent of women. Consumption was most widespread in the 18 to 24 age group. According to experts, there is a particular risk of psychological, physical and social disabilities up to the age of 25 due to the ongoing maturation process of the brain.

• What’s next?
  After the intended resolution of the Bundestag, the law will ultimately go to the Bundesrat. No approval is required. In principle, the state chamber could convene the joint mediation committee with the Bundestag and thus delay the plans. In addition to legalization, the German Ministry of Transport is currently investigating how to set a THC limit for cannabis while driving – similar to the 0.5 permille limit for alcohol. After the law comes into effect, there will also be an amnesty for convictions for cases that will be allowed in the future. A planned second legalization pillar – model projects with licensed shops – is currently on hold.