German Cannabis Legalization Plan Faces Criticism for Overregulation

Germany's proposed cannabis legalization law, aimed at establishing Cannabis Clubs, has faced significant criticism for its perceived overregulation. Industry insiders and potential club founders argue that the stringent rules would make it nearly impossible for these associations to operate effectively. The draft law, released last week, has been described as overly complicated and impractical by many stakeholders in the cannabis sector

The core of the proposed legislation focuses heavily on health aspects, particularly the protection of children and young people, according to Kai-Friedrich Niermann, a cannabis industry lawyer. He argues that this focus leads to excessive health policy alarmism. The law's provisions are seen as contradictory and overly restrictive, potentially hindering the consumption and cultivation of cannabis within these clubs

Adrian Schöpf, co-founder of The Joint Venture, a cannabis association in Bremerhaven, has put plans on hold due to the new regulations. He highlights the impracticality of the location restrictions, which require clubs to be situated outside residential areas, pushing them to expensive industrial zones. This setup is deemed unfeasible for non-profit organizations due to high costs and logistical challenges

Additional complications arise from the exclusion zones mandated by the law, which prevent cannabis consumption within 200 meters of schools, playgrounds, and youth facilities. This effectively creates a near-total ban in urban areas like Berlin, according to Niermann. Moreover, the advertising ban makes it difficult to inform the public about legal consumption areas, risking legal penalties for users

Financially, the law imposes burdensome requirements on Cannabis Clubs, such as covering operational costs through member fees alone, without charging per gram. This could drive fees so high that potential members might prefer the illicit market. The clubs are also required to have extensive documentation and reporting obligations, which could necessitate hiring additional staff, further straining resources. Critics argue that these challenges could prevent the law from achieving its intended goals of improving public health and reducing organized crime