Germany announced an ambitious plan in October 2022 to fully legalize marijuana for recreational use by anyone who are 18 years old and older. But unless Germany can persuade the EU to go on board, bloc-wide legislation on everything from the single market to drug smuggling threaten to ruin the celebration.
Europe, which is known for its social liberalism, has been reluctant to legalize psychotropic cannabis for recreational use. The drug is largely prohibited throughout the bloc, and the few national movements to legalize it. Even medical marijuana is still taboo in many nations. Now, Germany’s quest for legalization, spearheaded by the now in office progressive traffic light coalition, challenges the EU to determine precisely how recreational marijuana could fit into the regulations of the bloc.
According to German Health Minister Karl Lauterbach, who unveiled the legalization plan in Berlin on October 26, Germany “would not develop any draft law” if the Commission, which is presently reviewing Berlin’s pot road map, doesn’t agree with the proposal. Without a draft law, marijuana is not legal.
Lauterbach’s remarks demonstrate that Germany will need the EU to carry out its ambitious cannabis agenda, which calls for cannabis from controlled production to be sold in licensed stores with 20 to 30 grams authorized for personal use. Will Brussels respond appropriately and pave the road for the legalization of recreational cannabis throughout the EU? Will Germany’s plans succeed, or will they fail?
What you should know is as follows.
Why is the EU becoming more aware about cannabis?
The EU is now dealing with a widespread liberalization tendency. Several nations, including Canada, Mexico, South Africa, and Thailand, have taken the lead in legalizing recreational and medical use over the past ten years.
Germany now wants to legalize the entire cannabis production value chain, which includes cultivation, repurposing, trade, and sale. That is significantly more than the Netherlands, the most well-known marijuana-friendly nation in Europe, where only point of sale is permitted. Brussels cannabis must respond because Germany wants to make sure that its legalization plans are compliant with EU law.
Germany and the Commission are now exchanging arguments in preliminary conversations. Beginning in 2023, governments will be able to use the official notification method to make sure their legislation complies with EU law. The Commission won’t officially address Berlin’s cannabis search until after that.
Following the notification process, the Commission will be able to inform the EU’s member states of whether and how it plans to handle recreational cannabis in the future, including what will be permitted, how it will be regulated, and how it will be taxed. Most recreational cannabis projects are currently restricted by the EU. A 2004 Council ruling on drug trafficking makes many sativa operations illegal. This does not, however, apply to medical cannabis.
The use of the psychoactive substance for medical purposes is permitted in 16 EU nations, showing that certain European nations have taken advantage of this medical exemption. A few nations, including the Netherlands and Portugal, have taken it a step further and decriminalized cannabis use for recreational purposes. Malta and Luxembourg recently pursued personal recreational legalization measures, but they stopped short of creating a legal recreational market like Germany desires.
Even if the government permits the sale of marijuana at coffee shops, growing and trading of the drug are still prohibited. The Netherlands has become known for its tolerance of cannabis usage for recreational purposes.
What are Brussels’ options?
Germany’s intentions to legalize cannabis would necessitate a change in EU law since cannabis cultivation is now prohibited within the EU. In order to meet its policies, the German government has stated that it is dedicated “to individual changes/updates at EU level.”
However, Brussels must strike a balance between a number of objectives, including preserving the integrity of the single market, defending the rule of law, taking into account the interests of neighboring nations, and future-proofing EU drug policy.
Who might come after?
If the Commission approves Berlin’s proposal, Germany can proceed with legalization, and other European nations might do the same. For example, the Finnish Green League party stated in its platform that it will “utilize [the] experiences in Germany” for future cannabis policies.
Lewis Koski, chief strategy officer of Metrc, a cannabis track-and-trace software supplier from the U.S., who monitors the debate in Brussels and Berlin, said, “Think of it as dominoes falling.”
Conversations about legalizing cannabis will “motivate the EU to reflect on the modifications necessary to allow for it,” he added, even if the Commission rejects the idea this time.
