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The Street
The Street
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Tony Owusu

Largest EU Country Takes Key Step Towards Legalizing Cannabis

Legal use of cannabis in a key European market has just come a little closer. 

Germany just took the first step in a journey of a million miles to overturn decades of prohibitive marijuana policy.

But the journey towards opening up what would be one of the world's largest cannabis markets is still a long one with approval from the European Union still being needed to go forward. 

"The biggest question in the current legislative proposal is and remains the interpretation by the European Commission," Niklas Kouparanis, CEO of German cannabis company Bloomwell Group said. 

Any changes would require the approval of the EU's member states thanks to the Schengen Agreement

German politicians understand this dynamic, and have been pressing German Federal Health Minister Karl Lauterbach to craft a proposal that will appease members of the European Commission. 

"If Karl Lauterbach cannot achieve this broad European consensus on drug policy, German legalization will evaporate before the European Court of Justice," said Stephan Pilsinger, member of conservative Christian Social Union party in the Bundestag, Germany's political lower house.

Germany's Legalization Plan

Legal cannabis is one step closer to becoming a reality in Germany after Health Minister Karl Lauterbach presented his plans to legalize the drug in the country of 83 million.

Adults would be allowed to carry up to between 20 and 30 grams of cannabis for their own consumption, according to German paper DW which reviewed the cornerstone paper that was presented to the cabinet of German Chancellor Olaf Scholz. 

The paper estimates that about 4 million adults use cannabis in Germany, suggesting there is already a sizeable illegal market in the country with the health minister saying that German consumers were "falling into an undertow of crime."

Cultivation would also be allowed on a limited basis, with three plants per adult. Sales would be allowed in specialist shops and possibly pharmacies, though advertising for cannabis products will be prohibited. 

Hopefully these rules fall within the bounds of the EU, but if not, Germany has to have a backup plan.

"If the EU Commission says no to Germany’s current approach to cannabis legalization, our government should seek alternative solutions," Kouparanis said.

"Not just say: Well, we tried our best. Germany’s proposal needs to include a plan B. For example, under the scientific umbrella approach, everything would be aligned with international and EU law."

Political Fallout

The leak of the cannabis law draft earlier this month attracted critics from the left, like Kristine Lutke of the Free Democratic Party who took to Twitter to voice her displeasure.

"The guidelines on #cannabis-legalization from the @BMG_Bund is unnecessarily restrictive! #THC upper limit and possession limit of 20g & restricting the legal age to 21 years will drive consumers to the #blackmarket - a catastrophe for youth, health & consumer protection," she said.

Meanwhile, Kristen Kappert-Gonther of the Green Party also sees issue with the country's THC cap pushing potential consumers to the black market.

"The proposed policies known so far regarding #legalizing #cannabis are too restrictive! For the protection of youth and the health of the general population, the #legal market needs to be more attractive than the #blackmarket. The #THCUpperlimit does not fit that description," she said.

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