As the first details emerge of Germany’s proposed plans to legalise recreational cannabis, what is the outlook for the country’s consumers?
Consumers in Germany will soon be legally allowed to purchase and possess up to 20g of cannabis, according to reports from the country’s major news outlets.
In documents seen by German newspaper RND, Health Minister Karl Lauterbach (SPD) has set out key points expected to be implemented into policy as the country moves towards a legal cannabis market.
Along with the 20g possession limit, those aged 18 and over are expected to be permitted to grow their own cannabis, with self-cultivation legal for up to two plants. Alternatively, they can choose to purchase regulated products from licensed retail stores, pharmacies and online.
In what has been described as a more ‘conservative’ approach, reports suggest there will be a potency limit of up to 15% THC, with a 10% ceiling for those aged 18-21.
In a bid to further protect those more are risk from cannabis consumption, youth welfare offices will be able to refer young people to prevention courses if they are caught in possession of cannabis and shops would need to be a minimum distance from schools and young people’s facilities.
Other details released include a ban on the advertising of cannabis products, with producers required to use non-branded packaging and tax is to be determined based on THC levels.
As of yet, no formal announcements have been made by the German government, however a source told UK industry publication, Businesscann, that the information is close to what has been discussed internally.
A ‘positive’ for consumer quality control
While questions remain, it appears as though German consumers are one step closer to having access to safe and legal cannabis, according to Steve Rolles, senior policy analyst for the Transform Drug Policy Foundation.
He told Cannabis Health that the news was ‘positive’ from a consumer protection and quality control perspective.
“It’s important to remember that this is a leaked document, it isn’t a piece of legislation or formal policy, but it is a suggestion about the way things are going,” Rolles said.
“The fact that Germany is legalising and regulating at all, is obviously a good thing because it means that whatever restrictions there may be there will be a legal access model so that people no longer have to interact with illegal supply networks.
“Consumers will have access to quality-controlled and regulated products, where they will know what they are buying and it will be clearly labelled, without the risk of getting arrested.
“It is reassuring to know that the government is taking a sensible approach.”
What are the limitations?
Rolles pointed out on Twitter that the 20g possession limit was relatively low and more details would be needed around whether this is in relation to public possession or in the home.
Self-cultivation is also limited to two plants, whereas Malta recently brought in legislation to permit the home growing of up to four.
“There are some things that are erring on the conservative,” Rolles commented.
“Generally speaking, it’s similar to the narratives that we’ve seen so far, but slightly more restrictive than North America, for example, with more emphasis on public health.”
What impact will the THC cap have?
Rolles expects the THC cap to be a ‘contentious’ issue, however with the right to grow your own and the continued prescription of stronger products for medicinal use, he believes it ‘will not trouble’ most consumers.
Although it does come with the risk of creating a ‘secondary’ or illegal market to make higher potency products available.
“People are already saying that potency cap is limiting because a lot of cannabis products on the market are above 15% THC, so it’s difficult to know what the implications of that might be,” he said.
“Obviously if there is a demand for products which are higher than the potency cap, then you do create the risk of a secondary market… a 20% THC limit would probably be more realistic.”
Rolles added: “I can see that a lower potency limit for younger people might make sense in terms of public health, because they are potentially more vulnerable to cannabis. It may also make sense politically, by showing that they are taking the risks seriously, but I don’t think it’s very practical.”
How will it affect medical consumers?
Medical cannabis has been legal in Germany since 2017 and the country has one of the more well-established medical cannabis markets in Europe.
The move towards full legalisation is unlikely to affect patients, according to Rolles, although it could see an increase in people self-medicating without the guidance of a healthcare professional.
“Germany already has an unusually well-developed medical cannabis provision, with a lot of different products available for a lot of different medical conditions and appropriate legislation to facilitate access,” he explained.
“It’s not perfect and is still evolving but I don’t see why what they are proposing now would interfere with medical access.
“You could argue that more people may self-medicate if they can buy non-medical cannabis legally, which could be a concern as no one should be medicating themselves without talking to their doctor.”
What happens now?
With nothing official from the German government as of yet, many more questions still need answered before conclusions can be drawn.
“The devil is in the details and we haven’t seen the details yet,” warned Rolles.
“There is a lot we don’t know about how the markets will be structured and we haven’t heard anything about expungement or equity programmes or sustainability issues, which are areas of concern for people.”
But he added: “The Germans seem to be coming up with a sensible set of proposals, if probably erring on the side of conservatism with a more restrictive model to start with.”
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