Never change a running system. Perhaps this is because the CanG is to be amended again less than two months after it came into force. Because so far it has not run, except against the wall. This is mainly due to the unclear and at times unrealistic regulations in the law, including the provisions on the planned cultivation associations through which weed is to be made available from 1 July. Conditions that are already extremely difficult are now to be made even more difficult. After all, surely this is the way to curb access via the black market and ensure controlled handling of the plant… said no one ever! And so the madness surrounding CanG enters the next round.
At almost midnight on 16 May 2024, the federal government in the Bundestag dealt with amendments and additions to the law, which partially legalised cannabis with strict conditions. In addition to road traffic, cultivation associations are also affected, against the background that the planned measures will increase road safety and prevent abuse. It remains to be seen whether this will work, because at the moment they are doing quite a lot to play into the pockets of the black market. Fail!
ADJUSTMENTS FOR CANNABIS GROWERS’ ASSOCIATIONS
Why? Apart from the fact that there is currently no source of cannabis available, even though it is legal to consume it, the planned regulations will regulate growers’ associations to death. From 1 July, the Cannabis Act will allow marijuana to be grown collectively in special clubs and supplied to club members. In order to counter the concern that plantation-like cultivation areas are being created, the draft law stipulates that authorities may refuse authorisation to associations if their cultivation areas or greenhouses are ‘in a structural network’ or are close to each other. In addition, the control of cultivation associations will be relaxed for the federal states – instead of once a year, inspections will now be carried out ‘regularly’.
According to the draft, the Federal Centre for Health Education will also offer further training for addiction prevention advisors in future. The controversial law is to be examined by ‘independent third parties’ not only to determine how it affects the protection of children and young people and the consumer behaviour of children and young people, but also to determine whether the quantities set for private cannabis possession and the quantities passed on by cultivation clubs are of the right order of magnitude. And even if this may still seem understandable, the sheer madness lies in the continuing lack of clarity.
What exactly happens with the collection of members’ data and who is granted access to it, where licences are to be applied for, to what extent the 200m distances from dispensaries to daycare centres and youth facilities are measured and the other countless questions simply remain unanswered. How exactly clubs should prepare for 1 July against this background: Ask the miracle… Renting cultivation areas and drop-off points currently seems to almost fall under the heading of ‘no risk, no fun’. And if the attractiveness of the clubs continues, then this is just another triumph for the black market.
STRICT RULES FOR DRIVERS WITH THC
The political groups continue to disagree on the new THC limit: until now, even the slightest evidence of THC in the blood could lead to fines and points in Flensburg. Now a clear limit of 3.5 nanograms of THC per milliliter of blood is to be introduced. If a driver exceeds this value, they face a fine of 500 euros and a one-month driving ban.
An absolute alcohol ban for cannabis users is intended to prevent the mixed consumption of cannabis and alcohol at the wheel from becoming the norm. Anyone who reaches the 3.5 nanogram limit and also consumes alcohol must expect a fine of up to 5,000 euros and a month’s driving ban. Novice drivers and new drivers under the age of 21 are generally not allowed to consume cannabis. They face a fine of 250 euros and a point in Flensburg.
INTOXICATION CLAUSE FOR INDUSTRIAL HEMP TO BE CANCELLED
And amidst all the question marks and incomprehensibilities about a law that seems somehow ill-conceived in terms of implementation, there is also some relief. In the current CanG, industrial hemp is subject to an intoxication clause. So THC is legal, but CBD is not… Germany has achieved this feat single-handedly, because worldwide you look for it in vain, because it is simply as absurd as lifeguards at Olympic swimming competitions. With the difference that they have earned their right and all respect.
This week, the Cannabis Industry Association (BvCW) invited representatives of Tom Hemp’s to a parliamentary evening. Federal Minister of Food and Agriculture Cem Özdemir personally gave a speech there and announced that the so-called intoxication clause for industrial hemp is to be canceled. Özdemir emphasised the wide range of possible applications and the importance of industrial hemp for greater sustainability. And there it was, the ray of hope regarding the gradual amendment of the Cannabis Act. However, anyone hoping for news on the second pillar will have to wait for another time. Because there is currently no news on this.
For us, with CBD as our first great love that never fades, we are left at this point with the joy of insight and somehow also the hope that someone will somehow adapt this important law in the spirit of destigmatisation and combating the black market. Full stop… for now.
SEE YOU GREENING.