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Via The German Cannabis Business Association

2024-12-02 | Last Thursday, the Conference of Justice Ministers decided to call on the Federal Government to allow undercover investigations and wiretapping measures in serious criminal cases again, reports SWR. You can find the resolution here.

The background to this is, among other things, the case of a suspected major dealer in Mannheim, who was acquitted despite overwhelming evidence because the new legal situation restricts investigations. Baden-Württemberg’s Minister of Justice, Marion Gentges (CDU), criticized the new law for making prosecution more difficult and encouraging black market trafficking, thus jeopardizing one of the law’s objectives – the fight against organized crime.

Legal cannabis cultivation associations have also criticized delays in issuing licenses. Associations such as the Cannabis-Club Südwest in Achern are calling for more efficient procedures to create legal alternatives to the black market.

Also read

https://www.highat9news.com/post/conference-of-justice-ministers-approves-proposal-to-revise-german-cannabis-law

Also via the Business Assocition  these stories

BGH sees cannabis as a “dangerous” drug despite partial legalization

2024-11-27 | The Federal Court of Justice (BGH) has published two leading decisions on the new legal situation regarding cannabis. These relate in particular to the distinction between the Consumer Cannabis Act (KCanG) and the Narcotics Act (BtMG). Despite the partial legalization, cannabis remains legally classified as dangerous, similar to other drugs, LTO reports.

In one case, the verdict against a man who mistakenly believed he was supporting a cannabis trade was changed in favor of the defendant. As cannabis has been subject to the KCanG since April 1, its more lenient penalties apply. However, the BGH clarified that an intent to aid and abet remains if there is a legal similarity between the assumed and the actual act.

In a further decision, the BGH ruled that the maximum permitted possession quantity of 60 grams of cannabis for personal use could not be circumvented by distributing it among different residences. The quantities would be added together.

The First Criminal Senate emphasized that the legislator continues to regard cannabis as fundamentally dangerous, even if the criminal provisions of the KCanG are significantly milder than the BtMG.

Medical profession demands withdrawal of cannabis legalization and new health measures

2024-12-01 | The German Medical Association is demanding fundamental changes to health and drug policy from the next federal government, reports RND. A position paper for the federal election calls for the withdrawal of cannabis legalization, the introduction of a sugar tax and higher levies on alcohol, tobacco and nicotine products. The proceeds should strengthen the healthcare system. In addition, disposable e-cigarettes and flavored e-cigarettes are to be banned and advertising measures for harmful products aimed at children are to be restricted. Minister Lauterbach had announced similar measures, but has not yet presented any concrete plans.

Berlin: Number of cannabis offences has fallen sharply since legalization

2024-12-02 | The partial legalization of cannabis in Berlin has had a clear impact on crime statistics. Between April and October 2024, 1685 offenses were registered under the new cannabis law, compared to 5315 in the same period last year under the Narcotics Act, reports Der Spiegel. Most of the offenses concerned unauthorized possession or trafficking. In addition, 81 administrative offenses such as violations of consumption prohibition zones were recorded.

Green MP Vasili Franco praised the decriminalization as an important step towards relieving the burden on the police and judiciary. Critics such as Alexander Poitz from the police union, on the other hand, warn of a possible promotion of consumption and an allegedly greater attractiveness of the market for organized crime.

Berlin: Catalog of fines for the Consumer Cannabis Act comes into force

The Senate Department for Science, Health and Care has published the catalog of fines for the Consumption Cannabis Act in Official Gazette No. 49, issued by the Berlin State Administration Office. This regulates the punishment of administrative offenses in connection with cannabis. The fines range from five to 30,000 euros and are based on the severity of the offense and the financial circumstances of the person concerned.

The catalog came into force on November 1, 2024 and is valid until the end of October 2034. The aim is to consistently punish violations and to skim off economic benefits through administrative offenses. In addition to fines, items associated with the violations can also be confiscated. The BvCW criticizes the fixed fines as being too high; for example, a fine of up to 30,000 euros is possible for importing cannabis seeds.

Lower Saxony: Inquiry into the effects of cannabis legalization on criminal drug gangs

2024-11-26 | Member of Parliament Christoph Plett (CDU) submitted a written question to the state  regarding the effects of cannabis legalization on criminal drug crime. This was prompted by an incident involving the government of Lower Saxony in Wolfsburg, where investigators discovered a cache of weapons and drugs. In addition, violent clashes between rival drug gangs were reported in several cities in North Rhine-Westphalia.

Following the introduction of the Consumer Cannabis Act (KCanG) on April 1, 2024, the state government does not yet have any reliable data on the effects on the illegal drug trade. A detailed evaluation of the effects is planned for 2026. Nevertheless, the drug market is expected to remain a lucrative area for criminal groups. Criminal activity is expected to continue, particularly with regard to the illegal cannabis trade, as legalization will not completely replace the existing market.

The investigative powers of the law enforcement authorities in connection with the illegal cannabis trade were not regulated by the KCanG in the same way as for other narcotics. The Ministry of Justice is currently examining whether and how these powers need to be adapted in order to continue to take effective action against criminal drug structures.

NRW: First legal recreational cannabis dispensary in Bielefeld

2024-11-29 | The Joints Venture cannabis club in Bielefeld has become the first club in North Rhine-Westphalia to start legally distributing home-grown cannabis to members. Around 2,500 grams were handed out to around 80 members on Friday, some of whom spoke emotionally of a milestone, according to WDR.

In a relaxed atmosphere, the members waited for their legal purchase, while the organizers emphasized the importance of education and prevention. Although the first harvest was not enough for all 500 members, another edition is planned before Christmas. The premiere shows the change in the acceptance of cannabis as a stimulant and underlines the social paradigm shift in NRW.

Bavaria: License rejection for Munich cannabis club despite coordination with authorities

2024-11-29 | The Munich Cannabis Social Club Minga has received a rejection of its application for a cultivation license from the Bavarian State Office for Health and Food Safety (LGL). The authority justified this with formal deficiencies in the statutes, in particular the lack of obligation for all members to participate in cultivation. According to the LGL, activities such as social media or administration are not directly linked to home cultivation and therefore do not comply with the law, reports BR24.

Head of the association Erdinc Tuncer sharply criticizes the decision and accuses the authority of deliberately creating obstacles to prevent cultivation licenses in Bavaria. It is particularly annoying that the statutes were formulated after consultation with the LGL. Klaus Holetschek (MdL, leader of the CSU parliamentary group) commented on the rejection on X (Twitter) as follows: “Consistent action for health & against #cannabis madness: the LGL has decided on a cannabis club in Bavaria for the first time – and rejected it. Good that the state office is applying existing law. The new federal government must revoke the cannabis law.” The SPD and the Greens express understanding for the conditions, but criticize the authority’s approach as non-transparent and restrictive. Tuncer plans to take legal action against the decision.

Hesse: Fulda club joins lawsuit against license delay

2024-11-30 | Cannabis social clubs in Hesse, including the “Exotic Kingdom CSC Fulda”, are increasingly frustrated by ongoing delays in the granting of licenses for the legal cultivation of cannabis. Although the clubs, like the Fulda club, have completed prevention courses and made extensive preparations for cultivation, they have been waiting for a cultivation license for over four months.

The authorities, in particular the Darmstadt Regional Council, have not yet issued any licenses, which the clubs perceive as a political blockade. The Darmstadt Regional Council emphasizes that the Consumer Cannabis Act is a new federal law, which leads to legal uncertainties when examining applications. Willi Kappes, chairman of the Fulda club, criticized the lack of communication and pointed to high running costs such as rent payments and course fees, as reported by the Fuldaer Zeitung. He warns that the delay encourages the black market, which contradicts the goal of legalization.

In order to draw attention to the problems, the “Exotic Kingdom CSC” has joined an urgent action brought by a total of 16 growers’ associations, including the Cannabis Social Club Minga from Munich.

Lisa Haag on cannabis policy: “It can’t go on like this!”

2024-11-26 | In a passionate commentary (“Rant”) on KrautInvest, Lisa Haag (Managing Director of MJ Universe & BvCW board member) criticizes Germany’s current cannabis policy as lacking in courage and concept. Haag sees the cause in the half-hearted implementation. The political debate revolves too much around the dangers of THC and neglects the core of the problem: a lack of regulation that offers consumers safe and legal alternatives.

Haag emphasizes that consumers are still dependent on illegal sources of supply, as legal markets are neither attractive nor sufficiently available. The illegal market, closely linked to organized crime, remains unassailable as a result. At the same time, enormous economic opportunities would remain untapped, from additional tax revenue to tens of thousands of new jobs.

Haag considers the criticism by Berlin’s Senator for Justice Felor Badenberg that legalization is a step backwards in the fight against crime to be misguided. The problem is not legalization, but inadequate implementation.

Her conclusion: politicians must finally act to suppress the black market, strengthen health protection and offer consumers real alternatives. Symbolic politics and fear of opposition have so far only blocked Germany.

Bavaria: Wenzel Cerveny founds “Cannabis Social Club” party

2024-11-28 | After a failed mayoral candidacy in Aschheim, Wenzel Cerveny, a well-known hemp entrepreneur, is now aiming to enter the Bundestag. With his newly founded “Cannabis Social Club” party (CSC), he wants to promote the legalization of cannabis and deport criminal foreigners, reports the Merkur. The CSC’s program combines partly radical, partly conservative demands and has met with criticism in some areas – such as climate policy, in which it describes CO2 as “not a climate driver”, as well as foreign policy, where it sees part of the responsibility for the Ukraine conflict with the attacked country.

However, the chances of the party collecting the necessary signatures for the Bundestag elections are slim. It must submit around 2,000 signatures in each federal state by December 15, 2024 in order to be admitted. Despite close ties to cannabis associations, the quorum could pose a challenge. Cerveny already failed in his mayoral candidacy in Aschheim due to the number of signatures.

dpa corrects misinformation about marijuana smuggling

2024-11-30 | Deutsche Presse-Agentur (dpa) has corrected an erroneous report following criticism from Georg Wurth (German Cannabis Association). The report claimed that the smuggling of marijuana into Germany had increased since legalization. However, there is no evidence of this.