Germany has recently joined the ranks of Malta and Luxembourg as the third European nation to endorse the legalization of cannabis for recreational use among adults. This pioneering legislative shift permits adults to possess small amounts of cannabis for personal use and allows for the cultivation and purchase of cannabis within non-profit entities known as “cannabis clubs.” Despite this significant step towards liberalization, the law is seen by some as only partially fulfilling the criteria for full legalization, akin to the model observed in Canada, necessitating further advancements for a comprehensive legal framework regarding the distribution and retail of adult-use cannabis products.
Not-for-profit club
In the context of Germany’s cannabis legalization efforts, “cannabis clubs” emerge as non-profit organizations tasked with overseeing the cultivation and distribution of cannabis. These clubs are established with the objectives of ensuring the quality and safety of cannabis, managing its distribution to curb the black market and drug-related crimes. Membership is required to purchase or cultivate cannabis, with clubs operating on a non-profit basis and adhering to a strict member limit, often capped at 500 individuals. Members must be over 18 and cannot belong to multiple clubs. Cannabis sold through these clubs must include health warnings, and the sale of alcohol is prohibited. These clubs are subject to regular audits and are obliged to reinvest all profits back into the club or wages, with taxation currently not applied but under consideration for the future. Violations within a club could lead to severe penalties, including license revocation or confiscation.
Opposition to Legalization
The move towards legalization has faced opposition from the European Commission, citing contradictions with EU laws and international treaties that generally prohibit recreational cannabis use. Additionally, domestic resistance from medical associations and judicial entities highlights concerns regarding cannabis dependency and its impact on young people’s brains. In response, the German government has focused on reducing the black market and protecting youth, shifting towards regulated distribution as a means to address these concerns.
Phases of Legalization
Initially aimed at full legalization, the German government has adopted a two-phased approach due to strong opposition from the European Commission. The first phase allows for the possession of up to 25 grams in public spaces, 50 grams at home, and the cultivation of up to three plants per household or communal cultivation in social clubs, aiming to shrink the black market and reduce drug-related crimes. The second phase focuses on pilot projects to establish a commercial supply chain, with the ultimate goal of legalizing the adult-use market entirely and considering the introduction of special consumption taxes on cannabis sales.
Public Health and Policy Implications
In Germany, the percentage of adults aged 18 to 25 who have used cannabis at least once rose to 25% in 2021, nearly doubling over the past decade. However, concerns remain regarding cannabis dependency and its impact on the youth. The United Nations drug monitoring body has pointed out that the legalization of recreational cannabis use has led to increased consumption and health issues.
Germany’s legalization initiative marks a new era in drug policy, advancing reforms domestically while engaging in dialogue with European counterparts. The focus on safety and public health in cannabis policy is expected to influence marijuana legislation across Europe, with other nations potentially considering similar measures. Germany’s experience could serve as a reference for countries reassessing their cannabis policies, taking into account varying national policies, laws, and EU regulations.
