Germany’s recent decision to become the 3rd European country to decriminalise the use of cannabis in small doses has been accompanied by a ruckus of contentious debate. The dilemma runs far deeper than the classic “but it will help those who use it medicinally” rhetoric.
First and foremost, the 1st April legalisation is under strict conditions: adults may only possess up to 25g in public (50g in private homes), can grow up to 3 plants per household, and it cannot be used within a 100m radius of schools, sports grounds, or pedestrian zones. From the 1st July, social clubs of growers may be formed on a non-profit basis, with up to 500 members who must live in Germany. That’s one point that has been made crystal clear by ministers: the law will not make it any easier for tourists to source cannabis so, don’t expect Berlin to become the next Amsterdam any time soon!
The ruling Social Democratic Party’s (SDP) health minister, Karl Lauterbach, has been at the forefront of the plans, arguing that illegal usage among young people has doubled in the last 10 years. The growing black market has been a major concern, and Lauterbach has warned that the quality of Cannabis on the streets is worse than ever. Take Luxembourg, for example, where a similar legalisation was introduced in 2018 but maintains lower usage rates in terms of the share of the population than Germany, Italy, Spain, France, and 9 other European countries where cannabis is used illegally, according to polls in 2021.
On the other hand, police unions have warned that users will be too impatient to spend months growing their own plants at home and that criminal networks will infiltrate the proposed “gardening clubs for hemp”. Not to mention that the legalisation excludes under-18s who will inevitably turn to dealers, giving life to the black market and exposing themselves to cannabis that is more harmful for their developing brains.
Many doubt whether the law has enough support or means of regulation to last the test of time with the CDU (Christian Democratic Union party, formerly headed by Angela Merkel) pledging to overturn the new changes if they were to win the next election. An important question to consider is whether the rest of Europe will follow suit. It seems unlikely that either Labour or the Tories have the courage to reform their current “tough on drugs” policies ahead of elections, but whilst the criminalisation of cannabis continues to overwhelm already pressured criminal justice systems and disproportionately incriminate black people, legalisation is becoming a far less radical and far more likely decision today.
Image by Oliver Fairfoot