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Cannabis plant: Federal states want to postpone legalization for months

Photo: Christian Charisius / picture alliance / dpa

Cannabis legalization is one of the traffic light's central socio-political projects.

The Bundestag has decided on it, and the Bundesrat will deal with the issue on March 22nd.

If the state chamber agrees, the law could come into effect as planned on April 1st.

According to this, cultivation of the drug should become legal for adults to consume themselves with numerous requirements.

From July 1st, non-commercial “cultivation associations” will also be allowed to grow together.

The changes do not require approval in the state chamber, but the Federal Council could appeal to the mediation committee and thus slow down the process.

This is exactly what is now emerging.

Three committees of the state chamber concerned with this recommend sending the law to the mediation committee.

The leading health committee proposes, among other things, that the entry into force of the entire law be postponed to October 1st.

The Interior and Legal Affairs Committees also raise objections in their recommendations:

  • The

    Health Committee

    is calling for the quantity limits set out in the law for the legal possession of cannabis to be reduced.

    Addiction support services and authorities also needed more time to find solutions to deal with the immensely increased demands.

    The committee also argues that legalization and the associated impunity from April 1st meant that initially only illegally purchased cannabis could be carried.

  • The

    Interior Committee

    warns, among other things, that several cultivation associations should not operate at the same location or in the same rental property.

    It must be prevented that “plantations” would otherwise arise in this way that would contradict the desired goal of small-scale cultivation.

    Consumption should also be possible “only in private spaces and peaceful properties, but not in public spaces”.

    For non-private indoor spaces, the possibility of consumption should only be granted if a minimum distance of 500 meters from daycare centers, schools and playgrounds is ensured.

  • The

    Legal Affairs Committee

    objects to the amnesty provided for in the law for cases that will be legal in the future.

    The planned deletion of entries in the Federal Central Register is “neither necessary nor justifiable”.

    Specifically, those affected should be able to apply to the public prosecutor's office to have entries in the register deleted.

    This is relevant, for example, for certificates of good conduct.

    Convictions for possession, acquisition and cultivation of up to 30 grams of cannabis are particularly relevant, as the Federal Ministry of Health explained.

When it comes to the question of amnesty, the states and the German Association of Judges warn against the judiciary being overburdened.

Sven Rebehn, federal managing director of the Association of Judges, mentioned the number of 100,000 files in February.

The Ministry of Health has now addressed the concerns in a statement to the federal states.

Accordingly, the number of cases that actually need to be re-examined is significantly lower.

Of the almost 41,000 prisoners in Germany, almost 15 percent are in prison for violations of the Narcotics Act, around 7,500 people.

In many of these cases, the ministry says, cannabis probably doesn't play a role at all.

Nevertheless, it may be necessary to “sift through the 7,500 cases for relevant cannabis offenses”.

This takes between a few minutes and an hour.

“This effort seems justifiable,” writes the ministry.

The effort is between a few minutes and an hour.

In addition, the courts would be relieved by the fact that there will no longer be many cannabis-related proceedings in the future.

“Nobody should have to stay in prison because the courts should be spared an hour of work,” said Health Minister Karl Lauterbach (SPD).

The Ministry of Health also rejects the concern that judicial employees could commit criminal offenses if the amnesty rule is not implemented on the first day it comes into force - citing the Ministry of Justice.

“Arguments from the justice ministers vanish into thin air”

Carmen Wegge, who is responsible for the issue in the SPD parliamentary group, sees the states' reservations as being dispelled.

»It is now clear that the justice ministers' arguments against the implementation of the amnesty have vanished into thin air.

Nobody is committing a crime.

Nobody has to fear compensation payments.«

The amnesty could be implemented as quickly as possible for the judiciary.

“I expect that lawyers will be convinced by factual arguments and that resistance will now be given up.” The amnesty will lead to “existing injustice being eliminated.

That’s good for our state and the judiciary.”

Lauterbach and Wegge at least know that the Federal Council's Transport Committee is on their side.

He advises letting the law pass.

On March 22nd it will become clear which recommendations from the committees the state chamber will follow.

mfh/ulz