Tag: Germany

When it comes to cannabis reform activity, Germany is undeniably on center stage with the international spotlight placed directly on it. Part of that is due to the fact that German lawmakers are actively pursuing adult-use cannabis legalization and the launch of a regulated industry, and part of that is also due to how high the stakes are. Lawmakers from Germany are currently making their opening arguments to continental leaders, both on the supportive side and on the opposition side of the issue. Depending on which side succeeds, it could yield huge ramifications for the rest of Europe.

It’s quite possible that if German legalization efforts receive the blessing of the European Union, that it will be seen as the European Union (EU) giving the green light to any other country that wants to follow in Germany’s footsteps. After all, if Germany is allowed to do it, then why can’t other countries do the exact same? From that perspective, the gravity of what the EU is deciding extends well beyond Germany’s borders.

Lobbying Efforts Underway

Last week lawmakers in Germany started their efforts to educate and lobby the European Union in an attempt to yield their desired outcome. On the ‘pro’ side is German Federal Minister of Health Prof. Dr. Karl Lauterbach. Prof. Lauterbach was in Brussels last week to negotiate with EU leadership. The crux of Minister Lauterbach’s position seems to be, “protection against drug crime, legal safe consumption only for adults.”

Bavaria’s Health Minister Klaus Holetschek was also in Brussels last week. His reported intent was to achieve the opposite result compared to what is being sought by Germany’s Federal Minister of Health. Klaus Holetschek is calling on the EU to refrain from granting permission to Germany’s national legalization effort.

“The federal government’s planned cannabis legalization is not only hazardous to health, but I am convinced it also violates European law,” said the CSU politician on Wednesday according to Bild, after his meeting with the responsible general director, Monique Pariat, in Brussels. It’s unclear at this time what impact, if any, the dueling meetings had on the EU decision making process.

Framing Matters

The words used to describe the motivation behind Germany’s legalization effort will likely play a very big role in whether or not the EU grants its blessing, which was touched on by German cannabis policy expert Kai Friedrich Niermann in a previous article that I posted regarding German legalization and the EU. Kai and his law firm KFN+ advise major CBD and medical cannabis companies around the globe. Kai is also legal advisor to the European Industrial Hemp Association (EIHA), and a regular speaker at International Cannabis Business Conference events.

“In order to comply with its obligations under international drug treaties and EU law, Germany has opted for an interpretative declaration to the monitoring bodies of the UN treaties, referring to its own constitutional principles, the case law of the Federal Constitutional Court and the interpretative declaration already issued on the 1988 treaty. According to the German government, the plan to legalize cannabis in Germany is in line with the purpose and legal requirements of the conventions, as the focus of the reform is the protection of health and young people, and not the promotion of cannabis consumption.” Kai Friedrich Niermann communicated a few weeks ago after Minister Lauterbach’s presentation to the federal cabinet in Germany.

“I assume that preliminary talks have already been held with the European Commission, and that no fundamental reservations are to be expected in this respect. Particularly in view of the fact that a number of member states are also already making preparations for a reform of their national cannabis policies. Minister Lauterbach also assumes that if the EU Commission gives its approval in principle, lawsuits from other member states pursuing a more restrictive cannabis policy will have no chance of success.” he concluded.

That last part of Kai’s statement, touching on potential lawsuits from prohibitionist EU member states, is likely to prove to be tremendously significant in the coming years. Several countries are likely to follow in Germany’s footsteps, including the Czech Republic where leaders are indicating that they will pursue legalization on the same timeline as Germany. It’s likely a safe bet that just as there will be countries trying to join Germany, there will also be countries trying to prevent the spread of legalization. With that in mind, what the EU is currently considering may be specific to Germany, however, the ramifications of the decision will spread throughout the continent, so the significance of the decision cannot be overstated.

Late last week an article was published by Frankfurter Allgemeine in which the Vice President of the Federal Criminal Police Office (BKA) seemed to imply that law enforcement in Germany did not believe that adult-use cannabis legalization would result in a reduction in ‘drug-related crime.’

“Only a competitive offer could lead to the black market being reduced.” BKA Vice President Martina Link was quoted as saying in the article (translated from German to English), seeming to suggest that claims about adult-use cannabis legalization’s ability to boost public safety will not materialize in Germany. The comments made by Vice President Link were coupled with statistics about seizures of other substances (cocaine, heroin, and methamphetamines) as well as horror stories involving organized crime activity in other countries.

If you have advocated for cannabis reform for as long as I have, then you know that Vice President Link’s tactics are standard anti-cannabis propaganda. Law enforcement downplaying the benefits of legalization as they pertain to public safety is as predictable as law enforcement trying to spread isolated horror stories in an attempt to scare voters and lawmakers. It’s a tactic that has been used by cannabis opponents for decades. However, unfortunately for prohibitionists in Germany, there’s direct evidence to now point to in other jurisdictions that refute law enforcement’s claims.

Reductions In Crime

One thing that I hope is obvious to everyone, and directly contradicts law enforcement claims in Germany, is that when cannabis is legalized for adult-use and consumers are no longer treated like criminals, that in itself results in a reduction in crime rates. Cannabis consumers that would have otherwise been subjected to the criminal justice system are now allowed to proceed with their lives as normal. Using Canada as an example, in 2015 alone it’s estimated that roughly 49,000 cannabis charges were applied by law enforcement. Many, if not all, of those types of cases simply do not happen now, and that in itself is enough of a boost to the criminal justice system for law enforcement to get on board with legalization in Germany, as all of that frees up law enforcement to work on actual crime.

We now know from data out of another legal state in the U.S., Oregon (where I live), that clearance rates for violent crimes improved after adult-use legalization, presumably because law enforcement had more time to dedicate to fighting those types of crimes. Oregon voters approved a legalization measure in 2014.

“The finding largely aligns with the argument made by the proponents of marijuana legalization that legalization would improve police effectiveness in addressing serious crimes, and as a result would increase clearance rates and generate a crime deterrence effect.” the researchers concluded. The findings in that Oregon study are similar to determinations made in a separate study involving Washington State, which approved a legalization measure in 2012.

Yet another study found that lower crime rates likely go beyond the legal jurisdiction’s borders. A study conducted in 2020 found that, “the property crime rate and larceny rate experienced substantial decreases in the border counties in neighboring states relative to nonborder counties following the legalization in Colorado.” Colorado passed a legalization measure in 2012. Based on the available evidence, legalization is good for public safety efforts, which should seem logical to people examining the issue objectively.

Regulation Works

Coupled with some of the reefer madness talking points, Vice President Link also expressed a strong desire to combat organized crime, announcing that new positions would be created to address the issue. I would imagine that I am not the only person to see the irony in that stated position. It is no secret that when cannabis sales are prohibited, organized crime fills the void. It is also no secret, as is being demonstrated in real-time in the Western Hemisphere, that if regulated adult-use sales are permitted then some amount of consumers will make their purchases via regulated channels, and that, in turn, directly hurts organized crime’s bottom line.

If law enforcement officials in Germany truly believe that organized crime benefits from unregulated cannabis sales, which it sure seems that they do, then they should be leading the calls for regulated sales to launch. No, the unregulated cannabis market will never be eliminated, just as unregulated alcohol and tobacco sales are not eliminated in Germany. However, that is not to say that legalization should be scrapped as a result. Some amount of adult-use purchases being made in a regulated system will always be better than no amount of adult-use purchases being made in a regulated system.

Law enforcement in Germany, taking their concerns at face value, should be making the argument that German legalization needs to be constructed in such a manner that it keeps regulated prices as low as reasonably possible in order to compete with the unregulated market in a meaningful way. Instead, sadly, they seem to be making the claim that if 100% of the unregulated market can’t be eliminated, then legalization shouldn’t be pursued at all, which is not sensible.

Cannabis legalization is good for public safety for a multitude of reasons, and one of the primary beneficiaries of legalization is law enforcement. Cannabis prohibition is a failed public policy that uses up limited law enforcement resources – resources that would be better focused elsewhere. Any minute that law enforcement spends investigating a cannabis offense is a minute that could be used to investigate violent crime. Courts should be conducting hearings for actual crime, not cannabis activity. Adult-use legalization in Germany will make things easier on both of those fronts, and anyone that claims otherwise is likely benefitting financially from prohibition.

Germany is home to Europe’s largest medical cannabis market, which is not surprising given the size of Germany’s population and economy. Since 2017, doctors in Germany have been permitted to prescribe medical cannabis products to suffering patients, and the cost of those products is often reimbursed by insurance companies. Having medical cannabis covered by insurance is a concept that medical cannabis advocates push for all over the globe, with Germany being somewhat of a rare success story. Unfortunately, things may be changing in Germany on this front, at least for some patients.

The Gemeinsamer Bundesausschuss (G-BA), which belongs to the Bundesministerium der Gesundheit (Ministry of Health), is tasked with reevaluating the GKV (statutory health insurance) reimbursement for cannabis medications following the finalization of the 5-year observational analysis after the medical cannabis law was initially adopted in 2017. Conclusions will rely heavily on the results of the BfArM 5-year observation.

How Will Changes Affect Germany’s Medical Cannabis Program?

One of the more restrictive changes being proposed in Germany includes general practitioners no longer being permitted to prescribe cannabis to patients whose costs are expected to be reimbursed by GKV. Such prescriptions would be reserved for specialists with additional qualifications. The policies regarding use of cannabis as a last resort could also be overhauled.

Currently, German doctors can prescribe cannabis flower instead of cannabis extracts if they feel that it’s a more suitable form of treatment. However, ‘special justification’ would be required for a cannabis flower prescription if proposed changes are adopted. Many of the proposed changes would directly increase the burden of documentation for doctors, particularly during first 3 months of treatment. For instance, doctors would also need to explain in writing why THC-dominant strains are being prescribed versus CBD-dominant strain.

All of this increases pressure on doctors to prescribe extracts instead of flowers, regardless of what is best for the patient, in addition to driving up costs for insurance companies. The process of considering proposed changes is already underway and ends at the end of this month, with a final decision on the matter possibly being rendered by early next year.

Legalization Is A Factor

What is going on right now in Germany regarding medical cannabis policy is not occurring in a vacuum. Obviously, the medical cannabis policy discussion is running parallel to the ongoing adult-use legalization discussion that is also occurring in Germany. For insight regarding how one may affect the other, I reached out to Dr. med. Julian Wichmann, Geschäftsführer/CEO of Algea Care.

“Lacking scientific evidence on the efficacy of medical cannabis remains a big issue in Germany. This is now starting to negatively impact healthcare politics and therefore reimbursement. Academic institutions and companies need to work closer together to fill this gap.” Dr. med. Julian Wichmann stated.

Algea Care has established multiple research collaborations with German university hospitals, with the first positive results recently being presented on outcomes in treating neuropathic pain with cannabis flowers.

“Increasing healthcare cost pressure and already implemented insurance premium increases have insurers looking for opportunities to reduce expenses. In pharmacies, manual work associated with cannabis prescriptions remains high due to extensive documentation duties. The plans for removing medical cannabis from the narcotics law (BtmG) could therefore lead to substantial cost savings and make medical cannabis more affordable for insurances and patients.” Dr. med. Julian Wichmann concluded.

As the month of October draws to a close it is safe to say that it was one of the most eventful months for cannabis policy in Germany’s history. Unless you have been living under a rock without WIFI, then you are obviously aware that Germany’s Health Minister Karl Lauterbach made a formal cannabis legalization presentation to the federal cabinet last week. The presentation came a week after points of a prior version of the legalization plan were leaked to the public, with the leaked version resulting in various levels of pushback from the public and some lawmakers.

Multiple components of the legalization plan were improved upon as October progressed, including the apparent scrapping of THC percentage limits for products sold to people 21 and older, as well as a 50% increase in home cultivation limits (from 2 plants to 3 plants). As we previously pointed out, the current legalization plan involves removing cannabis from Germany’s narcotics law entirely.

Minister Lauterbach’s presentation to the federal cabinet was truly historic and cause for celebration inside and outside of Germany. Now that the ‘excitement dust’ is settling a bit, many within the global cannabis community are wondering where things go from here?

What Happens Next?

One of the biggest takeaways from last week’s presentation comes at the macro level in the form of Germany’s government making it clear that cannabis legalization is inevitable. It’s not a matter of if, but when.

“The presentation of the key points paper by Health Minister Lauterbach was a historic date. The German government leaves no doubt that cannabis legalization is politically desired by it and will also be pushed through against all odds.” points out German cannabis policy expert Kai Friedrich Niermann.

Kai and his law firm KFN+ advise major CBD and medical cannabis companies around the globe. Kai is also legal advisor to the European Industrial Hemp Association (EIHA), and a regular speaker at International Cannabis Business Conference events.

It is expected that early next year legalization legislation will be formally introduced in Germany. However, prior to a legalization measure being formally submitted, the nation’s government will continue to seek approval from the European Union. With that in mind, the conversation regarding cannabis legalization in Germany will now shift focus beyond Germany’s borders towards the larger continental discussion.

Will The European Union Prevent German Legalization?

It is no secret that Germany is a party to various treaties, both at the continental and international level. As I have previously stated, I do not think that international treaties will be an issue, if for any reason because Uruguay and Canada have both passed legalization measures and the sky is still in place over both of those countries the last time I checked.

Just as pushback from the international community and international treaties did not derail legalization efforts in those two countries, the same will presumably prove to be true when Germany legalizes. The European Union is a somewhat different matter, although, the final result will likely prove to be the same in that the German legalization effort will ultimately prevail.

“In order to comply with its obligations under international drug treaties and EU law, Germany has opted for an interpretative declaration to the monitoring bodies of the UN treaties, referring to its own constitutional principles, the case law of the Federal Constitutional Court and the interpretative declaration already issued on the 1988 treaty. According to the German government, the plan to legalize cannabis in Germany is in line with the purpose and legal requirements of the conventions, as the focus of the reform is the protection of health and young people, and not the promotion of cannabis consumption.” stated Kai Friedrich Niermann.

“The EU Commission and the other EU member states are to be informed of this in a notification procedure. Minister Lauterbach assumes that the EU will comment on this approach in the short term, so that the legislative project can be introduced in the Bundestag as planned from January.” Kai went on to say.

“I assume that preliminary talks have already been held with the European Commission, and that no fundamental reservations are to be expected in this respect. Particularly in view of the fact that a number of member states are also already making preparations for a reform of their national cannabis policies. Minister Lauterbach also assumes that if the EU Commission gives its approval in principle, lawsuits from other member states pursuing a more restrictive cannabis policy will have no chance of success.” he concluded.

Cannabis legalization efforts in Germany received a huge boost yesterday, with the nation’s Health Minister Karl Lauterbach (SPD) making a formal presentation to the federal cabinet regarding the most up-to-date plan for a German adult-use cannabis legalization measure. The presentation was truly historic, in part due to the fact that it happened in the first place, and also in part due to what was included in the plan itself.

As we previously reported, points from the plan were leaked last week, including some points that yielded significant pushback from the public and even some lawmakers. Many felt that some of the provisions, especially provisions involving THC percentage limits, were too restrictive. Fortunately, the plan that was presented yesterday by Health Minister Lauterbach addressed many of the components that were largely the focus of negative feedback.

One provision of the current legalization plan in Germany will no doubt prove to be extremely significant if/when it is implemented. Point 5 on page 4 of the Eckpunktepapier contains a key sentence, “Genusscannabis, Medizinalcannabis und Nutzhanf werden vollständig aus dem Anwendungsbereich des BtMG ausgenommen und die jeweiligen rechtlichen Rahmenbedingungen werden in einem gesonderten Gesetz festgelegt.”

That sentence can be translated to English as, “Recreational cannabis, medical cannabis and hemp will be completely removed from the domain of the narcotics law (BtmG) and the individual legal frameworks will be determined in a separate law.”

Minister Lauterbach was specifically asked about this provision of the plan during his presentation to the federal cabinet, as described below:

Third question was something along the lines why not legalization. Lauterbach says the intention is indeed legalization for adults 🤷, and cannabis to be removed from the narcotics law.

— Alfredo Pascual 🧉 (@alfrep28) October 26, 2022

Obviously, removing cannabis from Germany’s narcotics law would have enormous ramifications, and would affect nearly every aspect of cannabis policy, industry, and research. The benefits of removing cannabis from Germany’s narcotics law would not only benefit adult-use cannabis efforts; it would also benefit the nation’s emerging medical cannabis patients, program, and industry.

“Regulating cannabis not as a narcotic anymore has extremely positive implications particularly for medical use. This step opens the door to electronic cannabis prescriptions and immediate transfer to the pharmacy which can then ship the medication to patients. We are already preparing for a fully digital pathway for patients with 24h between video consultation and cannabis medication delivered to your doorstep.” stated Dr. med. Julian Wichmann, Geschäftsführer/CEO of Algea Care. Algea Care is Germany’s leading platform for therapy with medical cannabis.

“We also expect the conditions for cannabis research to be drastically improved. It will probably also be much easier for academic institutions to obtain national or EU-provided funds for specific research projects, as there will be a rapidly increasing demand for research on both medical and recreational cannabis intake.” Dr. Wichmann went on to say.

How countries have historically classified cannabis, including Germany, has created tremendous hurdles for cannabis research and the emerging cannabis industry. That, in turn, makes it extremely tough for patients who are at the mercy of what conditions qualify for medical cannabis and what safe access options they have in their area. Unfortunately, due to limitations in research many patients are left on the outside looking in. Removing cannabis from Germany’s narcotics law would provide a compassionate boost to suffering patients all over the country and increase safe access.

“Our goal is to make medical cannabis treatment as accessible and seamless for anyone with a medical condition suitable for treatment. Deregulation away from narcotics can facilitate that. Research from the U.S. shows that up to 40% of recreational customers are actually trying to mitigate symptoms but often don’t achieve the results they’re hoping for. The different tax treatment may potentially lead to a situation in which medical cannabis is cheaper than at recreational stores and accessible with a better digital journey.” described Dr. Wichmann.

The discussion regarding cannabis’ classification status is not limited to Germany. The United States is currently ‘examining’ the classification status of cannabis at the federal level, per a recent directive from U.S. President Joe Biden. However, unlike Germany, the discussion in the United States involves whether cannabis should be descheduled or rescheduled. Germany’s plan seems to have already landed at descheduling, or as it was more properly described by reporter Alfredo Pascual’s tweet embedded above, cannabis is ‘to be removed from the narcotics law,’ which is effectively the same as descheduling.

The significance of what is being proposed in Germany cannot be overstated. In addition to the expressed desire to remove cannabis from Germany’s narcotics law, it is a welcomed sight to see that home cultivation was not only included in the plan presented yesterday, but also that the home cultivation plant limit was raised from 2 plants that was part of the leaked points last week, up to 3 plants this week.

For perspective, Washington State in the U.S. still prohibits home cultivation for adult-use purposes despite having passed a legalization measure back in 2012. Illinois and New Jersey also prohibit adult-use home cultivation despite having also passed legalization measures. And all the while cannabis remains prohibited at the federal level in the U.S. With all of that in mind, the sensible proposal in Germany is great news for consumers, patients, researchers, taxpayers, entrepreneurs, investors, and just about everyone else in German society, whether they consume cannabis or not.