Introduction to Cannabis Legalisation in Germany
The journey towards the liberalisation of cannabis in Germany has reached a significant milestone with the public hearing on the draft Cannabis Control Act (CanG) in the Bundestag. This pivotal event allowed members of all parliamentary factions to pose their inquiries to a panel of experts and specialists. The insights gained from this hearing could lead to amendments to the draft law before it is put to a final vote.
The Stance on Criminal Prosecution
At the outset of the hearing, a consensus among experts was clear: criminal prosecution is not the right tool for managing cannabis consumption in society. Dr. Jakob Manthey from the UKE Clinic for Psychiatry and Psychotherapy highlighted this shared viewpoint, setting a tone for the discussion that followed.
Protecting Patient Rights in the Wake of Decriminalisation
Dr. Kirsten Müller-Vahl from the Cannabis as Medicine Working Group addressed concerns raised by Green Party member Dr. Kirsten Kappert-Gonther. The current draft law could significantly disadvantage cannabis patients, subjecting them to the same restrictions as recreational users. This could be particularly burdensome for pain patients requiring immediate relief.
Driving Rights for Medicinal Users
The hearing also touched upon the need to consider medicinal cannabis users within driving laws. A patient well-adjusted to their medication should be able to participate in traffic, even with elevated THC levels in their blood, without facing undue penalties.
Debating THC Limits and Consumption Regulations
The discussion extended to the adjustment of permissible THC limits for drivers and the prohibition of consumption in certain areas. Georg Wurth, the Managing Director of the German Hemp Association, argued that sensible and lawful home cultivation is impractical if possession limits apply to homegrown and stored cannabis.
Overlooking Cannabis Clubs
Regrettably, the hearing scarcely addressed the consumption ban in cannabis clubs. These clubs could play a role in prevention structures, but if members can only collect and not consume cannabis on-site, problematic consumption patterns may go unnoticed.
The Challenge of Private Cannabis Exchange
Stephan Pilsinger, a CDU member and known opponent of legalisation, questioned the enforceability of a ban on private cannabis exchange. Wurth responded that such exchanges are virtually uncontrollable and should not remain prohibited when no commercial interest is involved.
The "Bavaria Question"
The Left Party raised concerns about the potential for a legal North-South divide in Germany, with stricter enforcement and penalties in some regions. Wurth emphasised the need for uniform application of the CanG to prevent such disparities.
Harmony and Critical Perspectives
The overall atmosphere of the public hearing was harmonious, with critical viewpoints focusing on details rather than fundamental opposition. Lawmakers will now deliberate on the numerous written submissions from associations and experts before making final decisions on the draft law.
Implications for the Future
As Germany stands on the cusp of potentially historic cannabis legislation, the outcomes of this public hearing are crucial. The discussions reflect a shift towards a more nuanced approach to cannabis, balancing public health, personal freedom, and legal considerations.
Anticipating the Final Vote
With the Bundestag's final vote on the horizon, the anticipation among advocates and opponents alike is palpable. The decisions made in the coming weeks will shape the legal landscape of cannabis in Germany for years to come.
