Summary of the 84 pages cannabis law for Germany

The German government aims to decriminalize cannabis consumption through a new cannabis law. The proposed law includes strict regulations for new cultivation associations, home cultivation, new criminal offenses, and rehabilitation. The draft law, titled "Gesetz zum kontrollierten Umgang mit Cannabis und zur Änderung weiterer Vorschriften" (Cannabis Act or CannG), consists of 84 pages and ten articles with numerous legislative changes and new provisions.

Summary

The main focus of the draft law is the establishment of cannabis cultivation associations, which will be allowed to distribute cannabis to adult members. However, access to cannabis clubs will be prohibited for minors. According to the draft law, an association can provide up to 25 grams of cannabis per day and 50 grams per month for personal consumption to adult members. For adolescents, a maximum of 30 grams per month with a THC content of no more than ten percent can be distributed. The law also prohibits the mixing of cannabis with alcohol, tobacco, food, or other additives.

The draft law includes extensive documentation and reporting requirements for cultivation associations. Violations of the rules may result in the withdrawal of the "permission for collective production and distribution." Authorities have the right to request information, documents, and access to the premises of cultivation associations to ensure compliance.

 

Extensive documentation and reporting requirements for social clubs
The law also lists numerous safeguards that growers' associations must comply with. Those who violate the rules can expect to have their "permit for community production and distribution" revoked. In order to verify operators' compliance with the rules in case of doubt, "the competent authority may require the cultivation association to provide information, to submit documents and to enter the cultivation association's pacified property."

Furthermore, the "cultivation associations" are subject to extensive documentation and reporting obligations. Each year by January 31, they must meticulously submit to the authority "what quantities of cannabis and propagating material were produced, dispensed or destroyed by them in the previous calendar year." In addition, the respective variety as well as the respective content of THC and CBD must be stated.

 

Private home

Additionally, the draft law addresses private home cultivation, allowing individuals over 18 years old to grow up to three flowering female cannabis plants per year for personal consumption within their homes or on their private property. However, it emphasizes that such cultivation should not cause unreasonable disturbances or nuisances to neighbors.

The draft law introduces new criminal offenses related to cannabis. Possession of more than 25 grams of cannabis, cultivation of more than three female plants, or possession of a yearly harvest of more than three cannabis plants within the home or private property will be punishable by imprisonment or fines. The law also includes severe penalties for commercial trade or distribution of cannabis to children and adolescents.

Rehabilitation measures are outlined in the draft law to address past convictions and disadvantages suffered by cannabis consumers under the previous legal framework. The law provides for the deletion of entries in the Federal Central Register for individuals who were solely convicted for offenses that are no longer punishable under the new law. The Ministry of Justice is authorized to establish a specific procedure for processing the requests for deletion.

 

Driving

Regarding cannabis and driving, the draft law maintains the existing strict regulations. The THC threshold for driving under the influence remains unchanged, and any potential changes will require scientific evaluation and consideration of relevant expert opinions.

Furthermore, the draft law extends health protection measures to include a ban on smoking cigarettes in cars in the presence of minors and pregnant women, in addition to prohibiting cannabis consumption in specific areas.

Please note that this summary is based on a German article and may not reflect the final version or the official translation of the proposed law.
 
 
 
 

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