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. By proceeding with the cannabis law, the German government risks breaching European law and potentially facing legal action from EU authorities.

The leaders of the CDU/CSU parliamentary groups across various levels of government in Germany are calling for stopping the legislation through the Bundesrat’s mediation committee. They argue that such action is necessary to prevent harm, particularly to young people, and to safeguard Germany’s international reputation.

Critics within the CDU/CSU ranks, such as Klaus Holetschek, the parliamentary group leader of the Bavarian CSU, accuse the government of disregarding medical advice and social concerns. Holetschek points to studies suggesting that cannabis legalization could lead to increased consumption among young people. He pledges to explore all legal avenues to challenge the legislation and seeks support from other federal states to block its implementation.

The debate underscores the complexities surrounding cannabis legalization in Germany and highlights the clash between domestic policy objectives and international legal obligations. As the discussion unfolds, the fate of cannabis legalization in Germany hangs in the balance, awaiting resolution at both national and European levels.

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