…will probably not be the last time we say it. Since last week, it has been decided that the CanG will no longer remain part of a world unknown to us and that Germany will bring pot home. With the passing of the Bundestag, the course has been set for the decriminalization of cannabis and the drug policy, which has been misguided for years, is finally getting a long overdue overhaul. Or are we simply continuing to write history and missing out on approaches that actually contribute to the controlled use of weed by allowing an unrealistic monster into the bureaucratic apparatus?
The only thing perfect is that perfect does not exist. And the law is as far from perfect as we are from understanding individual regulations, to put it more precisely: very far. Exactly what impact it will have on a medical, financial and cultural level remains pure speculation for now, but despite its questionable complexity and even if it will not bring the freedoms initially envisaged, it will play a significant role in the global development of the cannabis industry. At best, from 1 April Germany will be the third EU country, after Malta and Luxembourg, to legalize marijuana with regulations.
DON`T STOP THE DANCE – IS THE CANNABIS LEGALIZATION IN GERMANY COMING?
Why at best? Because the best-case scenario is not yet so certain. On 22 March, the CanG drafted by Federal Health Minister Karl Lauterbach (SPD) will be passed by the Bundesrat. And even if the law does not require approval, the federal states could vote in favor of invoking the Mediation Committee with a simple majority of 35 votes. And that in turn is not entirely unlikely, because even state governments in which the SPD, Greens or FDP are involved have strong reservations about the plans of the traffic light coalition. And it should no longer be a secret that the CDU-dominated states will do everything they can to slow down decriminalization anyway. If the committee is called upon, the 1 April start date could quickly be over and the entry into force delayed.
INDUSTRIAL HEMP IN THE CANNABIS LAW – GERMANY’S INTOXICATION CLAUSE MADNESS
And the intoxication clause for CBD would make people smile as an April Fool’s joke instead of causing real concern. Despite all the sympathy and euphoria for the CanG, criticism remains of a completely grotesque regulation that states that the cultivation and handling of industrial hemp is only permitted in Germany if the THC content is below 0.3 per cent and there is no possibility of abuse for intoxication purposes. Although hemp flowers with this low THC content can practically not be used for intoxication. Not a single country apart from Germany applies this insane rule, which places a considerable burden on companies and farmers working with industrial hemp. In an international comparison, it is therefore nothing but backward and completely marginalizes the competitiveness of the German industrial hemp industry. What was that about Germany being a center of innovation?
A comparison with the police prosecution of the sale of non-alcoholic beer illustrates the absurdity of the intoxication clause. It’s like banning the sale of non-alcoholic beer because alcohol could theoretically be extracted from it. Sorry what? Yeah, you read that right. And this after the expert committee for narcotics did not share the view of a potential for abuse back in 2021.
LEGAL SITUATION OF HEMP USE AND ABUSE
The derivation is based on a case before the Braunschweig Regional Court, which has also caused displeasure in the past. Companies have had their goods unjustifiably confiscated, often resulting in financial ruin. Ongoing proceedings continue to cause headaches for some CBD shop owners. And all because an expert witness argued that 15 g of industrial hemp flowers with 0.1% THC could be used to produce a biscuit with 15 mg THC. This in turn was sufficient to induce a state of intoxication, because in Germany the case law is based on the assumption that a minimally intoxicating effect can be expected from 15 mg.
Based on the fact that industrial hemp may contain a maximum of 0.3% THC, at least 5 g of industrial hemp would have to be consumed to produce a high. This would roughly correspond to the number of 15 pure hemp cigarettes containing 0.32 g of hemp flowers. These 15 hemp cigarettes must be smoked within 60 minutes (Drug and Addiction Report 2019). It should not be forgotten that the effect would be much weaker than that of consuming an average cannabis joint with approx. 44 mg THC.
So it takes 5 g of industrial hemp for 15 mg of THC, but 0.1 g of cannabis for the same amount. So why exactly should you use industrial hemp instead of cannabis to induce a high? It can’t be the cost factor, because of course 5 g of industrial hemp is more expensive than just 0.1 g of cannabis.
“ADIOS” INDUSTRIAL HEMP LOCATION GERMANY
From an ecological and economic point of view, the intoxication clause is a true masterpiece, which has fatal consequences for the industrial hemp and CBD industry. While countries such as Luxembourg, the Czech Republic and Switzerland are making legal adjustments to pave the way for realizing the full potential of the innovative industrial hemp industry, Germany is tightening the rules. Instead of promoting additional tax revenue for the state, more problems are simply being created, not only for investors and entrepreneurs, but also for the judiciary. And the judiciary is already more than enthusiastic about the additional work that will be required of them as a result of the elimination of cannabis offenses once the CanG comes into force.
The CBD industry has seen immense sales growth in recent years and the demand for products continues to rise unabated. A global market volume of 25 billion euros is predicted by next year. This is linked to the creation of new companies and jobs. The resulting opportunities for retail trade complement the agricultural growth potential. But nobody in Germany seems to be interested in this and although the clause has been repeatedly criticized and countless amendments have been tabled, it is part of a law that should actually have model potential.
After all this time, the hoped-for step towards a sensible approach to cannabis is finally being taken, but no option is being left out to create problems where there are none. What’s going on in Germany? Don’t you miss the fact that we celebrate your decisions and are proud to be at home in a progressive part of the world? Do you need more protests and disappointed faces? We hope not! … and will continue to endeavor every day to make you understand: CBD is there to create a better lifestyle for all…
