The vote on the legalization of cannabis in Germany finally postponed until 2024

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Germany’s path to legalizing cannabis faces a new obstacle: the vote planned for mid-December was postponed, even though the coalition parties and the health ministry had reached an agreement on some of the most contentious points a few days ago.

A lot of resistance would thus have appeared within the SPD itself, even though it is a member of the coalition which has carried the legalization project from the start, as reported Der Spiegel. Sources suggest that despite Karl Lauterbach spearheading the legalization project, an agreement was never reached with the parliamentary group’s internal politicians. With the possibility of total rejection of the proposal, it was withdrawn from the vote.

Tensions and concerns

The unexpected delay in the vote on cannabis legalization has raised eyebrows, with internal tensions within the ruling “traffic light coalition” apparently contributing to the setback.

The SPD, Greens and Free Democratic Party (FDP) are at odds over budgetary issues and concerns that have not been adequately addressed. SPD General Secretary Kevin Kühnert stressed the need to clarify budgetary issues before voting on the legalization of cannabis.

Some SPD members expressed their reservations, citing inadequacies in the fight against organized crime and insufficient provisions for the protection of minors.

The architects of the bill have already made concessions in response to the concerns expressed. The changes included changing distance restrictions for cannabis use near schools and other sensitive areas. The original requirement of 200 meters has been modified to be “within sight” of the entrances to these buildings.

Furthermore, membership in a farmers’ association will now require a stay of at least six months in Germany, at the request of France. The permitted home stock of cannabis is set to increase to 50 grams, responding to criticism that the initial limit of 25 grams was insufficient given the yield of growing three plants. Public possession remains limited to 25 grams.

Industry in the starting blocks

The cannabis industry, both domestic and international, has closely followed the evolving German regulatory landscape. Publicly traded cannabis companies, such as Canadian company Tilray and US operator Curaleaf, are eyeing the German market but will have to be patient.

Curaleaf, for example, acquired a majority stake in German producer and distributor Four 20 Pharma last year and the delay in legislation could impact their plans.

Earlier this year, Germany deviated from its initial plan to legalize recreational cannabis nationwide, opting instead for a two-phase approach with limited commercial opportunities. The revised plan includes the decriminalization of cannabis, home cultivation and possession from April 1, 2024, with the introduction of Cannabis Clubs planned for the following summer.

The failure to pass the legislation this year has raised concerns, but some politicians, such as Dirk Heidenblut of the Social Democratic Party (SPD), remain optimistic that an April 2024 launch remains plausible if a vote takes place by the end of January. This is not called into question until now by the postponement of the vote.

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