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Norbert Schmidt / IMAGO

The release of cannabis should be directly linked to the introduction of a legally stipulated THC limit for road traffic. This emerges from an amendment submitted to SPIEGEL.

Due to the limited approval of the possession and consumption of cannabis, the “previous absolute ban on driving a motor vehicle under the influence of cannabis” must be replaced by a new regulation. A limit value for the active ingredient THC in the blood is planned - like the 0.5 per mille limit for alcohol.

According to the application, there are already scientific studies on this. However, these still need to be finally evaluated. A group of experts from the Ministry of Transport is expected to present a proposal by March 31, 2024.

“The limit value should then be set by the legislature,” says the traffic light. In an initial review, Volker Wissing's (FDP) ministry saw no need for action. The ministry was then asked to review the matter again.

Release from April 1st

The cannabis release should take effect from the beginning of April. The coalition wants to allow the possession of up to 50 grams of cannabis per month. The planned regulation to allow cultivation by associations with a maximum of 500 members is not due to come into force until July 1st.

This should give the states the time they need to create licensing procedures and prepare controls.

The regulations for the withdrawal of driving licenses should also be changed. The driver's license should be lost or not issued "if the applicant or holder is addicted to cannabis or abuses cannabis." This should be assumed “as with alcohol” “if those affected cannot differentiate sufficiently between driving a motor vehicle and consumption that impairs driving safety.”

The amendments also make it clear once again that the commercial supply of cannabis from adults to minors is punishable by a prison sentence of no less than two years. In such cases, the trade in cannabis was previously also regulated in the Narcotics Act. The legal situation is now adopted, even if cannabis is excluded from the Narcotics Act.

The amendments are also intended to make it easier for companies to grow cannabis for medical purposes in Germany. The previous complex tendering process via a separate cannabis agency is no longer necessary. The measure is intended to make cannabis cultivation in Germany more competitive in the future, according to the amendment.

»Forego growing your own crops first«

There is continued resistance to the plans from the SPD parliamentary group. In a letter available to SPIEGEL, domestic politicians Sebastian Hartmann and Sebastian Fiedler reiterate their criticism. In view of fundamental criticisms, the project should be rejected. Important goals of a modern drug policy would not be achieved with the reform.

Hartmann and Fiedler cite as examples the fight against organized crime, the relief of the burden on authorities, the police and the judiciary and the improvement of the protection of minors.

The two SPD politicians regret that the coalition did not take a different path when it came to cannabis: “It would also have been possible to initially forego home cultivation, to only allow 5 g of possession in public spaces and not to allow public consumption within built-up areas. «

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