Berlin emits smoke signal
In a significant step forward for cannabis regulation in Germany, the federal government has submitted a bill to the Bundestag and Bundesrat for amending the cannabis law and the medicinal cannabis law. This bill, which includes the introduction of a legal limit value for driving under the influence of cannabis for the first time, is currently making its way through the legislative process.
Before this development, there was no legal limit value for driving under the influence of cannabis, and the courts used 1 nanogram of THC per milliliter of blood serum as a guideline. However, the new draft bill aims to increase this guideline value. An independent expert commission called by the Federal Ministry of Transport suggests a value of 3.5 nanograms of THC per milliliter as appropriate.
The road to this bill has not been smooth. The legislative process for cannabis legalization in Germany has been marked by resistance from certain states. The Union-led states, including Brandenburg, have been vocal opponents, threatening to block the cannabis law in the Bundesrat, potentially running out the federal government's time to reject the objection.
Despite this opposition, Federal Health Minister Karl Lauterbach (SPD), who was initially an opponent of cannabis legalization, was convinced by a body of studies. The draft bill amending the recreational cannabis law and the medicinal cannabis law addresses prevention and youth protection concerns raised by the states.
The future of cannabis legalization is secure for now, but it could potentially be revisited after the next federal election. A protocol declaration by the federal government in the Bundesrat led to a turnaround, making concessions to the states to pass the cannabis law. These changes are to be implemented by July 1, 2024.
Interestingly, the term "broccoli" has a new, specific meaning in Germany as of April 1, 2024. This refers to the legalization of cannabis. Since this date, cannabis can be consumed and possessed in Germany.
However, it's important to note that the courts have already shown some leniency in cannabis-related driving offences. For instance, the District Court of Dortmund acquitted a driver with a THC content of 3.1 nanograms per milliliter, considering the expert commission's recommendation as a "preemptive expert opinion" and applying it.
The second law, which regulates driving under the influence of cannabis in traffic law for the first time, is a significant part of the draft bill. Whether this will lead to stricter enforcement remains to be seen.
In conclusion, the path to cannabis legalization in Germany has been a challenging one, but the bill's progress through the Bundestag and Bundesrat offers hope for a more regulated future. However, breaking its promises on the cannabis law could make it difficult for the federal government to secure cooperation from the states in future protocol declarations.
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