Regulation of cannabis
Cannabis research clause causes mixed reactions
2024-12-17 | The Federal Ministry of Food and Agriculture (BMEL) has issued a new research clause for cannabis that allows applications for research projects (we reported). According to KrautInvest, this is welcomed by the cannabis industry as progress, although the BMEL emphasizes that this is not the second pillar of legalization. Experts and legal experts see considerable restrictions in the guidelines and expect that permits will only be granted in exceptional cases. Kai-Friedrich Niermann, a lawyer specializing in cannabis, explains: “The possibility of implementing model projects via the so-called research clause in the KCanG should therefore be viewed critically due to this reference. Section 2 (4) sentence 2 of the KCanG stipulates that approvals may only be granted in exceptional cases. Even if the corresponding regulation comes into force, it cannot be assumed that applications for model projects will be approved.”
The future of the model projects depends heavily on the political framework after the new elections. While industry players such as the Sanity Group remain optimistic that the first projects could start in 2025, it remains unclear whether they will last in the long term. Success is likely to depend largely on the scientific orientation of the applications and the political stance of the future government.
SPD and cannabis law: contradictory signals and political tensions
2024-12-21 | The SPD’s election manifesto does not explicitly address the issue of cannabis, although it is closely linked to the law co-drafted by Karl Lauterbach. However, the Federal Drugs Commissioner Burkhard Blienert reiterated his support for the law and warned against its withdrawal, as demanded by the CDU/CSU, according to the Frankfurter Rundschau. The CDU/CSU sees legalization as a failure and wants to abolish the law, but this has met with resistance within the SPD. Blienert describes such a withdrawal as a mistake in terms of health policy and emphasizes the importance of legal regulation to combat the black market and promote prevention. The FDP and the Greens remain committed to legalization.
Marketability and distributability of cannabis seeds and cuttings in the new Consumer Cannabis Act
The Zeitschrift für Vertriebsrecht (ZVertriebsR 2024, 356) examines the legal aspects of the new product categories cannabis seeds and cuttings in the context of the Consumer Cannabis Act (KCanG). Kai Niermann, cannabis lawyer at KFN+, argues on LinkedIn that commercial trade in these products – both in the B2B and B2C sectors – is possible due to the clear wording of the law. In his opinion, the unsuccessful justification for the law and the lack of a basis for criminalization indicate that seeds and cuttings are marketable. Niermann hopes that law enforcement will take a unified stance to avoid legal chaos, similar to the unresolved status of CBD flowers despite two BGH rulings.
Baden-Württemberg: Authorities seek solutions for cannabis club requirements
2024-12-20 | Authorities are working on compromises in the debate about the requirements for cannabis clubs, especially regarding on-call duty, reports the Schwäbische newspaper. Originally, clubs were supposed to be available from Monday to Friday, which was met with criticism as many of those responsible are working. The aim is therefore to limit availability to at least two days a week. Three growers’ associations in Baden-Württemberg have announced legal action due to the regulations, which are considered unreasonable. Another point of contention is the salary of board members, which is limited to marginal employment. The authorities justify this with the aim of preserving the non-commercial, communal character of the clubs.
CSU again calls for cannabis legalization to be reversed
2024-12-30 | The CSU is planning to reverse the legalization of cannabis, which has been in force since April 2024, in the event of government participation, reports Merkur. CSU state group leader Alexander Dobrindt described the law as a “gift for organized crime” and allegedly criticized the lack of youth and health protection. Health Minister Karl Lauterbach defends the reform. The aim was to make consumption safer and to decriminalize users. Green and FDP politicians see legalization as an important success and point out that it reduces the power of organized crime.
Partial legalization of cannabis: historian and Bavaria take stock
2024-12-31 | The partial legalization of cannabis in Germany is a “historic turning point”, drug historian Helena Barop told the Abendzeitung München newspaper. She praises the weakening of the black market through home cultivation, which now accounts for around a third of the cannabis consumed. The government regulations, although not perfect, have worked better than expected, she emphasizes. Nevertheless, she criticizes the fact that conservative politicians – as in Bavaria – often use fear campaigns to win votes.
Bavaria itself takes a restrictive stance. So far, no cannabis club has been licensed, and the police have registered over 6300 violations of the Consumer Cannabis Act since April. The Ministry of the Interior and the police are complaining about the allegedly increased investigation effort due to blurred regulations. Historian Barop, on the other hand, warns that repressive measures increase the stigmatization and suffering of those affected.
Bavaria: BR video report on the rejections of cultivation permits
2024-12-28 | In Bavaria, cannabis clubs are still waiting for approval for cultivation. While other federal states have already harvested, the Munich club “CSC Minga” recently received its first rejection (we reported). Bayerischer Rundfunk has published a video about this on YouTube.
Saxony-Anhalt: First figures on cannabis offenses
2024-12-29 | Since the partial legalization of cannabis in April, 23 suspected violations have been reported in Saxony-Anhalt, mostly for possession above the permitted amount or consumption in prohibited places, reports ntv. Fines have not yet been imposed as the proceedings are mainly at the hearing stage. From mid-2025, local authorities are to take over responsibility, with fines of up to 30,000 euros envisaged.
Saxony: 15 applications and 6 approvals
2024-12-29 | As the Süddeutsche Zeitung reports, six cannabis clubs out of 15 applications submitted in Saxony have been approved so far, including two in Leipzig. The clubs are allowed to grow and dispense cannabis for members, subject to strict conditions. The first dispensaries are expected in spring 2025. The application review is time-consuming and cost-intensive, partly due to the review of safety standards.
NRW: 25 permits for cannabis clubs and many more applications
2024-12-24 | In North Rhine-Westphalia, 25 cannabis cultivation clubs have been approved so far, and there are still numerous pending applications. A total of up to 3,000 such clubs could be established in the state, as announced by the Ministry of Health. A particularly large number of permits have been issued in the Arnsberg administrative district. However, there are still a high number of applications under review, around 30 in Düsseldorf and 28 in Cologne, according to the WDR.
The cannabis clubs are only allowed to operate under strict conditions, such as the age limit of 18 years and a minimum stay of six months in Germany for members. In Bielefeld, a club has already distributed marijuana to its members after it has been safely transported and processed.
Hamburg: Fines, criminal proceedings and cultivation associations
2024-12-23 | Since the partial legalization of cannabis consumption in Hamburg, 79 violations of the law have been detected, resulting in 42 fines. The police imposed fines totaling around 5,400 euros, with an average of 129 euros per fine. The most frequent violations concerned consumption in the vicinity of schools and playgrounds. Violations of the ordinance on fines, such as consumption in the vicinity of schools, can be punished with up to 500 euros, reports Die Welt.
Meanwhile, Hamburg has expanded the legal cultivation of cannabis and approved three cultivation associations. In another area, the Hamburg district court caused a stir by sentencing three men to prison for gang drug trafficking, with a total sentence of up to seven years. The profits from the drug deals, totaling almost 740,000 euros, were confiscated.
Lisa Haag in an interview: Insights and demands on the cannabis industry
2024-12-14 | Lisa Haag, board member of the German Cannabis Business Association (BvCW) and managing director of MJ Universe GmbH, spoke about her work in an edelcrowd interview. She highlighted the challenges and potential along the value chains of hemp and cannabis, discussed her commitments such as the women’s network EmpowHer and made clear demands on politicians, including the approval of non-medical research.
SWR report on the historical perspective of the legality or illegality of drugs
2024-12-18 | With the entry into force of the first pillar of the Cannabis Act on April 1, 2024, cannabis was removed from the Narcotics Act and declared from an illegal to a legal drug, similar to alcohol and tobacco. An almost thirty-minute SWR audio report on the 200-year history of drug prohibition shows that the decision as to whether a substance is legal or illegal was often made arbitrarily. These decisions were based less on health aspects and more on racism, discrimination and stigmatization.
