Your latest cannabis business info from Europe

Your latest cannabis business info from Europe

2024-03-05

Cannabis in Germany & international and European law

Cannabis law in Germany: international and European law concerns

The recent move by the German Bundestag to partially legalize cannabis has stirred controversy. Interestingly, some states want 6 month delay of the legalisation. Now, there are leaders from the CDU and CSU factions arguing that it violates both international and European legal frameworks.

Draft resolution

According to a draft resolution presented by the parliamentary group leaders, the planned legalization of cannabis in Germany runs afoul of international agreements. The resolution asserts that international law permits cannabis use solely for scientific and medical purposes, explicitly excluding commercial cultivation and trade. The leaders contend that the proposed legislation contradicts the UN Convention on Drugs, which Germany, as a member state of the European Union, is obligated to uphold.

Moreover, according to the statements, the resolution highlights violations of the Schengen Implementing Convention of 1990 and the Council Framework Decision 2004/757/JHA of 2004. The German government runs the risk of breaking European law and maybe being sued by EU authorities if the cannabis bill is implemented.

Through the mediation committee of the Bundesrat, the leaders of the CDU/CSU parliamentary groups at all levels of government in Germany are demanding that the legislation be halted. They contend that taking such action is essential to protect Germany’s standing abroad and to avert harm, especially to youth.

Opponents within the CDU/CSU ranks, including Bavarian CSU parliamentary group leader Klaus Holetschek, charge the administration of disobeying social and medical recommendations. Holetschek cites research that indicates the legalization of cannabis might encourage youth usage. He promises to use every legal means at his disposal to oppose the law and to enlist the aid of other federal states in order to prevent its execution.

The discussion emphasizes the difficulties associated with legalizing cannabis in Germany and the conflict between national policy goals and international legal commitments. The destiny of cannabis legalization in Germany is still up in the air as the debate plays out and needs to be resolved on a national and European level.

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