With partial legalization, the traffic light coalition wants to curb uncontrolled trade and consumption on the black market and thus organized crime. Federal Health Minister Karl Lauterbach (SPD) also wants to increase youth protection – the policy of the last ten years has failed. Lauterbach points to a doubling of consumption among children and young people and a doubling of the number of drug deaths. “It couldn’t go on like this. I was against cannabis legalization for years, but the studies show that we need a new offer here.”
Purchasing, possessing and cultivating cannabis remains prohibited for minors, but will not be prosecuted. Giving cannabis to minors remains a criminal offense. If young people are caught with cannabis, the police have to inform the parents and, in difficult cases, contact the youth welfare offices. Minor cannabis users should be offered participation in intervention and prevention programs. The Federal Ministry of Health has launched an educational campaign for this target group.
Cannabis consumption is prohibited within a radius of 100 meters around schools, daycare centers, playgrounds and public sports facilities. According to the law, smoking weed is not allowed in pedestrian zones between 7 a.m. and 8 p.m.
Dealing with cannabis remains a punishable offense, even for minors. To protect minors, some penalties are being increased. For example, the distribution of cannabis to minors will be punished with at least two years in prison instead of the previous one year.
The Federal Ministry of Transport should soon propose a limit value for the cannabis active ingredient THC in order to establish a regulation similar to the 0.5 per mille limit for alcohol. There is currently a strict ban on driving a car or motorcycle under the influence of cannabis. There is a risk of a fine of at least 500 euros, a driving ban for months, two points in Flensburg and – in the worst case – the revocation of your driving license.
Yes, the federal government only wants to regulate this in a second stage and through another law that is currently being prepared. The plan is to test sales in pharmacies or state-licensed stores in model regions. It is not yet clear which regions will be selected for this. The projects should be scientifically supported and limited to five years.
In contrast to legal addictive substances such as tobacco and alcohol, cannabis was previously considered an illegal substance in Germany, which, along with drugs such as heroin and MDMA (“Ecstasy”), fell under the Narcotics Act (BtMG). This meant that any possession of cannabis and cannabis products (hashish, marijuana) was punishable until the end of March. If the amount was small for personal use, the public prosecutor could refrain from prosecuting. The limits up to how many grams an amount was classified as low varied depending on the federal state.
Previous convictions for possession or personal cultivation of up to 25 grams or a maximum of three plants can be deleted from the Federal Central Register upon request. Corresponding ongoing criminal and preliminary investigations will be terminated.
Opposition to the law was strong across party lines. The Union, for example, referred to numerous health risks, including mental illnesses. Similar warnings came from the medical profession, for example from associations of pediatric and adolescent physicians. They point out that cannabis consumption is particularly dangerous for teenagers and young adults because their brains continue to change up to the age of 25.
Several state justice ministers, including from the SPD and the Greens, fear that the judiciary will be overwhelmed. The federal states must implement the new rules, monitor compliance and implement the amnesty for cannabis offenses. This means a significant expenditure of time and personnel for the courts. The police union (GdP) also fears a significant additional burden.
Cannabis is the Latin name for the hemp plant, which has been used as a raw material for thousands of years. Intoxicants can be obtained from the female plants – marijuana from dried plant parts (usually flowers), hashish and hashish oil from the extracted resin of the female flowers. THC (tetrahydrocannabinol) is responsible for the intoxicating effect.
THC affects the central nervous system. In small doses it can cause euphoria, loss of anxiety, sedation and sleepiness and is therefore often compared to the effects of alcohol. THC can also suppress nausea and the urge to vomit. The effect is explained by the fact that the herbal THC unbalances the body’s own cannabis receptors. The human body has its own cannabis system (endocannabinoids), which is part of the nervous system and regulates many bodily functions.
Since 2017, the use of cannabis as medicine has been permitted in justified individual cases. Since then, cannabis medicines, which are available by prescription, have primarily been used to treat pain. Active ingredient content and composition are checked regularly. The content of the existing regulations on medical cannabis has essentially remained unchanged.
According to experts, long-term cannabis consumption is associated with mental, social and physical risks. Based on current knowledge, however, it is assumed that serious brain damage such as that caused by alcohol is not caused. However, various studies provide evidence of a connection between regular cannabis consumption and psychosis, according to which the risk increases significantly with highly potent cannabis (THC content over 10 percent). The danger of cannabis establishing itself as a “gateway drug” has long been controversial. However, according to German Addiction Help (DHS), only a small proportion of cannabis users switch to harder drugs in the long term.