Following the decision of the parties of theampel in the coalition agreement to legalize cannabis, Germany must now build its regulation. The German press has received an exclusive outline of the cannabis legalization project, which is currently being discussed between the various ministries of the federal government.
According to the essential points of the cannabis legalization project, which is expected to be published this semester, the possession of 20 grams of cannabis with a maximum THC level of 15% will no longer be punishable. In order to avoid “cerebral lesions due to cannabis”, only products with a THC content not exceeding 10% may be sold to young people aged 18 to 21. The possession limit of 20 grams of cannabis will apply regardless of the origin of the product and its THC content.
If young people under the age of 18 are caught using cannabis, decriminalization would also apply. Youth services can force young people to take part in prevention courses and the cannabis carried will be confiscated.
Personal cultivation of two cannabis plants would be allowed.
Prohibition of advertising despite the legalization of cannabis
The location of cannabis stores should be regulated. Minimum distances should be set from schools and institutions for children and young people. Without a corresponding license, cannabis trade will remain punishable. The sale of synthetic cannabinoids will also be prohibited.
Despite legalization, it will remain prohibited to advertise cannabis products.
“Recreational cannabis is sold in overpacks (plain packaging) without advertising design”, is it still stipulated. “Advertising inducements to purchase” through points of sale or on the Internet are prohibited.
Pharmacies should also be able to sell cannabis
As far as point of sale is concerned, it is envisaged to authorize the sale not only in authorized stores, but also in pharmacies. Thus, the black market could be better combated due to the wider offer, especially in rural areas.
“On the other hand, the crowding out of the black market would probably be stronger if recreational cannabis could also be purchased online, which is gaining strongly in importance”, continues the text. It would also be considered to authorize “specialty stores offering the possibility of consumption”.
Regarding taxation, sales of cannabis products will automatically be subject to turnover tax. In addition, there should be a “cannabis tax”.
“A tax calculation based on the THC content seems appropriate,” it is suggested. This would achieve a “pronounced incentive effect”. With regard to the amount of the tax, it is only said that the highest possible tariff must lead, including turnover tax, to a final consumer price “which approximates the price of the black market “.
The reference document further states that cannabis needs must be covered by cultivation in Germany, as the import is not possible for reasons of European and international law.
“According to a provisional estimate, an international trade in cannabis for recreational purposes is not possible on the basis of or in accordance with the international framework conditions”, analyzes the document. And to continue: “According to this provisional assessment, national demand should be covered by German production”.