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15 December 2023

German government delays legalisation of cannabis

Germany | A final vote on a bill to legalise cannabis that was initially planned for early December was called off amid concerns from leaders of the country’s Social Democratic Party (SPD). The SPD is in a coalition government with the Liberals and the Greens.

The delay means that action on the landmark bill will be postponed until next year. Most likely, cannabis will be legalised on 1 April.

It’s politics

There are several reasons for the delay, the main one being the budget crisis. Germany faces a EUR 17 billion (USD 18.7 billion) hole in the 2024 budget, after Germany's constitutional court declared in November that the government's budget was illegal for breaking German laws against taking on new debt. A German law, known as the “debt brake”, limits the amount of new borrowing the government is allowed to take on.

The coalition government is currently quarrelling over whether to cut spending or to suspend the “debt brake” for another year to fill the hole.

The cabinet cannot get its act together

Kevin Kühnert, the SPD’s General Secretary, said on 5 December that the parliamentary group wanted to clarify the budget issues first, rather than give the impression of being primarily concerned with cannabis legalisation.

In other words, the SPD is worried about the message this would send out: that it is able to agree on smoking weed but is obviously unable to pass a constitutionally compliant state budget.

Cannabis legalisation is still controversial

The draft bill provides for cannabis to be removed from the list of prohibited substances in the Narcotics Act. Adults aged 18 and over would be allowed to possess 25 g of cannabis. Each adult would be permitted to grow a maximum of three plants privately. Moreover, cannabis clubs could be set up, where members would be allowed to grow cannabis and supply it to each other.

At a recent expert hearing in the Bundestag, Germany’s parliament, it became clear how controversial the topic still is. Medical associations, police unionists and the German Association of Judges strongly voiced their opposition to legalisation, while addiction experts and reform-minded lawyers spoke of the need for decriminalisation.

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