German Health Minister Presents Cannabis Legalization Plans to Government Officials

Editor's note: This article was updated at 12:30 p.m. ET on Wednesday, Oct. 26 to include comments from Niklas Kouparanis, CEO of Bloomwell Group, and Anna-Sophia Kouparanis, co-founder of Bloomwell Group.

German Health Minister Karl Lauterbach presented a cornerstone paper on planned legislation to federally legalize adult-use cannabis to Chancellor Olaf Scholz’s cabinet Oct. 26 after the plans leaked to the media last week.

Lauterbach included in his presentation a survey estimating that roughly 4 million adults already use cannabis in Germany, suggesting a thriving illicit market in the country, according to a DW report.

The current drug policy, Lauterbach said, must be revised since Germany’s current laws have not limited consumption and have instead led to cannabis consumers “falling into an undertow of crime,” the news outlet reported. Lauterbach added that legalization will result in better health policies and increased protections for minors, according to DW.

Lauterbach said the legalization plan is “the most liberal legalization of cannabis in Europe,” and that it would set up “the most regulated market” in the EU, the news outlet reported.

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The proposal would allow adults to purchase and possess up to 20 to 30 grams of cannabis for personal use, according to DW, as well as legalize the production, supply and distribution of cannabis within a regulated, state-controlled framework.

Adults would be allowed to grow up to three plants at home, the news outlet reported, and specialized shops and pharmacies would be licensed to sell cannabis products.

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The Green Party, which governs Germany in coalition with the Social Democrats (SPD) and the Free Democrats (FPD), has long advocated for adult-use cannabis legalization and supports the plans for draft legislation, according to DW.

Finance Minister Christian Lindner indicated last month that Germany could potentially legalize cannabis by 2023, the news outlet reported, although federal Drug and Addiction Commissioner Burkhard Blienert has stated that a law may not be implemented until 2024.

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The German government must submit its legalization plans to the European Commission for approval before a formal bill can be introduced and considered in German Parliament, called the Bundestag.

"The biggest question in the current legislative proposal is and remains the interpretation by the European Commission," Niklas Kouparanis, CEO of Bloomwell Group, one of Germany's largest medical cannabis operators, said in a public statement. "If the EU Commission says no to Germany’s current approach to cannabis legalization, our government should seek alternative solutions, not just say, 'Well, we tried our best.' Germany’s proposal needs to include a plan B. For example, under the scientific umbrella approach, everything would be aligned with international and EU law. They can run 'scientific' projects nationwide and with access for everyone."

Niklas has also expressed concerns over a provision in Germany's legalization proposal that would require all adult-use cannabis to be produced domestically.

"If the commission gives the green light, imports of cannabis should at least be permitted within the EU, ideally also outside the EU, as well," he said. "Domestic cultivation will hardly be able to meet the demand in the short term, nor will it be able to compete with the illicit market in terms of quality and price. Businesses should somehow be able to inform their customers of their products for sale, even though advertisements will be prohibited. Otherwise, there is no chance for these to compete with the illicit market."

Bloomwell co-founder Anna-Sophia Kouparanis added that Germany's adult-use cannabis law should allow e-commerce.

"Providing consumers education on cannabis and confirming that buyers are at least 21 years and older to purchase products can be done just as easily and accurately online and through mail order, as it is in person," she said in a public statement. "Nowadays, even large transactions and very important contracts can be conducted online. There is no rational argument against online cannabis sales and shipping."

And while Anna-Sophia applauded the fact that Germany's legalization plans do not limit the number of adult-use cannabis business licenses, she said the proposed THC caps—15% for adult-use products and 10% for young adults aged 18 to 21—should be eliminated, while expungement provisions should be added.

"The elimination of THC limits on products in the legal market and providing amnesty for those who have been convicted of prior cannabis offenses are very welcome additions to this legislative plan," she said. "It would be optimal to also extend considerations to the players in the current illicit market and help them transition into the legal adult-use market."