🇩🇪 German Federal Health Minister Karl Lauterbach will present the #cannabis #legalization framework ("Eckpunkte") starting right now. I'll take some notes and tweet real-time in English🧵
phoenix.de
Note this is NOT the draft law that will be presented. That comes later.
Lauterbach started saying this shouldn't be seen as a "big breakthrough" because it should be seen as the initial phase of a process. Already noted the EU-law difficulties in his first sentences.
He's now justifying the "why" of legalization. The usual arguments of youth prevention, illicit market problems, etc.
4 million cannabis consumers in Germany last year, according to the minister. Insists over and over again that health and youth prevention should be the focus of legalization.
No specific THC limit suggested, but it should be evaluated whether a THC limit for those under 21 should be established.
"Edibles" are not proposed at this initial stage, but it should be evaluated whether they should be included.
⚠️ The EU Commission will be engaged to see if the legalization proposal could contravene EU law. The legislative process will continue only after the green light from the EU...
The German interpretation of the international law obligations is that legalization would be aligned with the object and purpose of the drug control treaties. (My remark: That's what Uruguay did almost 10 years ago, but Uruguay didn't have to deal with the EU Commission...)
The short presentation (about 10 minutes) is over and now it's Q&A. First question was about the Netherlands, which isn't a model Germany wants to follow (too unregulated). The question also included whether the Health Minister has smoked cannabis... He answered he "tried" it.
The second question was about the Portuguese model. Lauterbach said he liked about that the fact that there's a focus on harm reduction there. But the German intent is bigger than that.
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.
Fourth question was about whether the notification process with the EU is truly necessary. Lauterbach said yes. He repeated the need to get the EU green light. Repeated that the German argument will be that legalization will be aligned with the object and purpose of the treaties.
🚨 Follow up to the fourth question. Lauterbach said that if the feedback from the EU Commission is clearly negative, there will be no draft law.
Fifth question was about the previously leaked paper and new changes. Lauterbach says this is a complex process.
Next question is about the possession limits. Lauterbach says that Germany will go to the EU Commission with the proposal of between 20 and 30 grams.
Now a question about growing at home for personal use. What happens if the harvest of the up to 3 plants proposed is above 20-30 grams? The limit wouldn't apply to homegrown cannabis, says the minister.
Question about THC limit and how it could be detrimental to get rid of the black market. Lauterbach said they abandoned the idea of a general THC limit but it should be evaluated for those between 18-21 years old.
Q about supply chain. Lauterbach says there will be licenses for the different stages of the supply chain. Expertise will need to be proven. He mentioned something about no criminal records that I couldn't retain well (will want to hear that again).
Continuing with the previous question. Several restrictions including zoning. But no mention of whether only cultivation in Germany or imports also allowed.
Another Q about what would happen if the EU Commission says legalization would contravene EU law. Lauterbach isn't very positive about what would happen if no agreement is reached with the EU (but I will want to hear this again).
Q about schizophrenia and other health risks. Lauterbach mentions risks higher for frequent consumers and high dosages. Policies so far haven't worked out. Something new must be tried. Legalization with a health centered approach. Possibly even a cannabis tax for harm reduction.
Q about how long the process with the EU could take and whether the draft law will be done in parallel. Answer was that it should be fast. Drafting the law should be fast too, mentioning Q1 2023 if the EU process is solved fast.
Follow up to previous Q: IF it's successful, it could have a big effect on European level.
Missed the next question. Answer was that legalization has nothing to do with the Covid pandemic and something about vaccines (?)
Another Q about the EU process. What would be the "plan B" if Germany fails to get the OK from the EU?
We're working on "plan A" was the answer. What about decriminalizing as "plan B"? Not a "solution" according to Lauterbach 🚨
Next Q/A was about what the science says. Lauterbach says his team has experts from different fields. Repeated that current cannabis policies aren't working.
Q about why a maximum possession limit. Lauterbach says needed to have control.
Q about drug recovery clinics being already full. The minister said the government is working on a law related to recovery (but couldn't fully understand this part).
⚠️ Q about timeline. Draft law to be introduced at earliest in Q1 2023 if all goes well. "Not realistic" that the law would be approved by summer 2023, says Lauterbach. Too complex. IF all goes well (incl the exchange with the EU Commission), legalization possible in 2024.
Q about supply. "Lots" of interest from producers. Lauterbach says it could be "quickly" produced. I think I heard he said "in Deutschland" which could be interpreted as production perhaps only in Germany (another part I want to hear again).
Last Q was about decriminalization and pardons. Answer was that some cases could be pardoned (I don't know if technically "pardoning" is the right translation, sorry if not totally accurate).
This is over now. Sorry if my tweets were not totally accurate (I was working "live" in two languages in which I'm not native). Big take away: this now largely depends on what happens w/the EU Commission.
It's NOT over. Phoenix interrupted the broadcast but it continues. I found it here:
I missed a couple of questions, but here I continue 😅
Lauterbach continues talking about the health centered approach of the legalization proposal.
ANOTHER question about the minister cannabis consumption... The minister (rightfully so in my opinion) doesn't want to talk much about that.
Q about whether pharmacies could sell rec cannabis. Answer was that's still to be determined. Maybe pharmacies NOT needed if there are enough licensed shops.
⚠️ Q about "drug tourism". Answer was that it's not something Germany is expecting to be an issue. Also not expecting a residence requirement. But a possibility. (My thoughts: this could be a huge issue because of the Josemans v Maastricht ECJ precedent).
Q about why is the EU an issue with Germany if it isn't an issue in the Netherlands?
Answer: EU not an issue w/the Netherlands because tolerance policy isn't legalization.
Also: if success at the EU, Lauterbach imagines a "corridor" w/ the Netherlands (I didn't understand fully).
Q about max possession limit for buying vs max possession limit for what's grown at home. What happens if someone possesses from both origins?
Answer: why would someone buy and have plants at home? Suggestion of one or the other (but not necessarily a legal restriction).
⚠️ Q about cannabis social clubs and drivers license.
Answer: Spain and Malta mentioned. This is to be evaluated. Clubs are not being proposed at the moment.
About drivers license: a more "pragmatic" limit is needed.
Q about cannabis in Germany comparable to alcohol in Sweden.
Answer: the Swedish alcohol policy wasn't the inspiration for the German proposed cannabis legalization. But Lauterbach insists on not trying to eliminate consumption but minimize addiction.
OK now it's really over. Again apologies if some tweets aren't totally accurate (I was doing this on real time and neither German nor English are my native languages).
Big takeaway was the EU issue, which BTW, instants after the coal agreement was published almost a year ago, I indicated that it was going to be one of the biggest hurdles. Lauterbach today confirmed that it still is.🤞Germany will find a solution.
/END

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More from @alfrep28

Dec 2, 2020
BREAKING: The United Nations decided seconds ago to remove cannabis from Schedule IV of the 1961 Single Convention!!! 🎉
All other five #WHO recommendations were rejected. Particularly the CBD recommendation had only 6 votes in favor (needed 27 to pass). Please don't interpret this as an anti-CBD vote. The recommendation had many issues, as explained in this and in previous articles.
#CND63
The story has been updated to reflect that all the other WHO cannabis recommendations were rejected.
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