May 18, 2023
Cannabis Legalization in Germany
Tim Wagner
Controlled dispensing of recreational cannabis to adults Cornerstones of a 2-pillar model:
The result of the votes of the german federal government is a further development of the cornerstone paper towards a 2-pillar model in stages: "Club Cultivation & Regional Model" with the following elements, which refer to other examples in the European Union:
• Non-profit associations are allowed to collectively cultivate cannabis for recreational purposes and distribute it to active members for personal consumption under a narrow legal framework. Commissioning third parties with cultivation, on the other hand, is excluded.
• The framework conditions for handling are regulated in a separate law.
• In addition to the harvested pleasure cannabis, seeds and cuttings produced by the association may also be distributed to members for their own cultivation.
• Licensing and supervision are carried out by state authorities.
• Membership in more than one association is prohibited.
• Cultivation and harvest quantities are aimed at covering demand.
• Membership fees cover the cost price, graded according to the quantity of seeds distributed.
• The number of members per association is limited to a maximum of 500 with a minimum age of 18 years and residence or habitual abode in Germany.
• The procurement of seeds for (first) cultivation in the associations is made possible. The possibility of importing seeds from third countries will be examined.
• The distribution of the harvested cannabis (flowers) is only allowed to members; no transfer to third parties; max. 25g cannabis per day, max. 50g per month, max. 7 seeds or 5 cuttings per month. Dispensing to adolescents under 21 years of age is limited to a quantity of 30g per month, with an additional limit on allowable THC content.
• It is being examined whether and how seeds and cuttings can be exchanged free of charge between associations for quality assurance purposes.
• Quality requirements apply for collective self-cultivation
• Distribution is only possible in pure form, in neutral packaging or loose with enclosed information about the product.
• Consumption on the premises of the association is prohibited, as is public consumption near schools, daycare centers, etc., as well as in pedestrian zones until 8 p.m.
• Requirements for the protection of minors and prevention apply.
• A general ban on advertising applies.
• Minimum protection measures (e.g. burglar-proof premises, fencing) prevent access by unauthorized third parties.
• Punishment-free possession (carrying in public) is possible for personal consumption up to 25g!
• The limits in road, ship and air traffic are reviewed with the involvement of the relevant expert bodies.
• The penalty-free private self-cultivation includes a maximum of 3 female flowering plants.
• It will be possible to have convictions registered exclusively for acts related to cannabis deleted from the Federal Central Register upon request.
Businesses will be allowed to produce, distribute, and dispense in specialty stores recreational cannabis to adults in a licensed and state-controlled setting.
• The project duration is 5 years from the established supply chain.
• There is a spatial limitation to dispensaries and adult residents of certain counties/cities in multiple states (opt-in approach).
• The law will consider allowing the dispensing of edibles while maintaining strict youth and health protection regulations.
source: https://www.bundesgesundheitsm...
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