Debate on amending or repealing the partial legalization of cannabis

(de-news.net) – One year after the partial legalization of cannabis, several German associations have advocated for amendments or the repeal of the legislation, citing its failure to achieve its intended objectives such as reducing illegal markets, strengthening health protection, and improving youth protection measures. Klaus Reinhardt, president of the German Medical Association, expressed concerns over the flourishing of illicit trade, the increased burden on law enforcement and judicial systems, and the ineffective implementation of measures to protect youth. He further emphasized the lack of significant political efforts to expand preventative programs, coupled with observations from addiction specialists about rising numbers of dependent individuals and decreasing public awareness of consumption risks. From a medical and addiction prevention perspective, he contended that revoking the legalization of cannabis is imperative.

The German Judges Association also raised substantial concerns, advocating for legislative revisions to address practical deficiencies and legal ambiguities impeding effective prosecution. Sven Rebehn, federal managing director of the association, criticized the proliferation of contradictions within the law, which has introduced numerous new infractions and unresolved disputes, overburdening the judiciary without delivering expected relief. Rebehn also argued that the regulation failed to suppress the black market, instead fueling demand due to excessive allowances for casual consumption. Furthermore, the judiciary faced limitations in addressing associated criminal activities, with reduced investigative powers for cannabis-related offenses and inadequately shortened statutes of limitation impeding prosecution. Rebehn urged the government to swiftly integrate practical experiences and amend the law to eliminate enforcement challenges and loopholes exploited by organized crime.

On his part, Rainer Wendt, leader of the German Police Union, critiqued the sluggish implementation of cannabis legalization, attributing it to bureaucratic challenges that hinder compliance with prescribed regulations. Wendt noted that the effects of the legislation remain largely undocumented due to incomplete enforcement, with states engaged in issuing ordinances amidst unresolved jurisdictional issues. Additionally, he highlighted the law’s introduction of extensive regulations and administrative burdens for the police, alongside its escalation of bureaucratic requirements. The union proposed decriminalizing first-time offenders, transitioning such cases into administrative infractions to facilitate easier enforcement by municipal authorities, such as mandating consultations on drug-related risks in place of penalties.

Thomas Preis, president of the Federal Association of German Pharmacists’ Associations (ABDA), criticized the partial legalization of cannabis, deeming it a mistake. Preis argued that cannabis is unsuitable as a recreational substance, particularly for individuals under 25, and warned that the societal repercussions of this policy would become evident in the coming years. He attributed the trivialization of cannabis consumption to the legislation, which he claimed has led to increased usage and associated medical and social issues. He also expressed concern over the sharp rise in medical cannabis prescriptions, which he said had more than tripled compared to the previous year, whereas telemedicine often facilitates access to medical cannabis through minimal procedures, such as completing a questionnaire. He advocated for a prohibition of such practices, emphasizing that merely filling out a form should not grant access to medical cannabis.

Burkhard Blienert, the Federal Government’s Drug Commissioner, advocated for the cannabis legislation, highlighting its role in promoting a more honest and decriminalized approach to drug use by reducing stigma and facilitating discussions on consumption impacts. While acknowledging CSU’s call for repeal, Blienert pointed out that the law’s effectiveness would be assessed in autumn. He noted increased demand for counseling and treatment among individuals with cannabis-related issues as a positive outcome and emphasized the need for earlier drug education in schools alongside accessible prevention measures. Amid debates on repeal, Blienert urged greater focus on the rising use of stronger substances, such as synthetic opioids, and expressed concern over increasing drug-related fatalities. He stressed the necessity of evidence-based drug policies that protect, assist, and support individuals.

Addiction researcher Jakob Manthey noted that current surveys do not indicate a rise in cannabis consumption due to the recent policy. Former federal drug commissioner Bätzing-Lichtenthäler emphasized the importance of integrating legalization with effective prevention, youth protection, and public education. She urged the new government to prioritize these measures.

Since April 1, 2024, cannabis consumption has been legal in Germany. Adults aged 18 and above are permitted to possess up to 25 grams for personal use, store up to 50 grams at home, and cultivate three plants. However, the CDU and CSU parties had campaigned to reverse the partial legalization.

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