The German Cannabis Business Assoc
10/02/2024 | Despite the nationwide partial legalisation of cannabis, stricter rules apply in Bavaria, which has now led to a popular lawsuit before the Bavarian Constitutional Court. A cross-party alliance, which is supported by addiction therapist Benjamin Lettl as well as members of the Bundestag Carmen Wegge (SPD), Kristine Lütke (FDP) and Ates Gürpinar (Left Party), among others, argues that the Bavarian state government is unlawfully violating the paradigm shift in dealing with cannabis that the federal legislature has prescribed. The managing director of the German Hemp Association, Georg Wurth, and representatives of BayrischKraut UG from Vaterstetten are also taking part, BR24 reports. The plaintiffs criticise that the progressive drug policy is being undermined and the stigmatisation of cannabis patients and users is being continued, LTO reports.
Health Minister Judith Gerlach (CSU) is relaxed about the lawsuit and considers the Bavarian law to be constitutional. The aim of the popular lawsuit is to declare the relevant provisions of the Bavarian Health Protection Act and the State Penal and Ordinance Act unconstitutional.
The plaintiffs also argue that Bavaria has no legislative competence for the Cannabis Consequences Limitation Act and that the Bavarian standards violate the principle of federal loyalty. They demand equal treatment of cannabis consumption with alcohol and nicotine and also consider the ban on medical cannabis to be unconstitutional.
A decision by the Constitutional Court is still pending. Bayerischer Rundfunk has uploaded a video report on this to the ARD media centre.
