Half a year since Germany decriminalised cannabis, the predicted legal highs from volunteer-based “cannabis clubs” have become embroiled in red tape. Of the sixteen states in Germany, only one has been able to establish the administrative framework needed to enact the new federal policy from the 1st of April, which legalises possession of up to 25g of cannabis for personal usage for adults over 18 years old. The rules now allow adults over eighteen to join these clubs and buy up to 50g per month for personal use only. However, at this point, the majority of these clubs are still awaiting their permits, six months later.
German cannabis social clubs representative and board member, Oliver Waack-Jürgensen, expressed frustration. He pointed out that members continue to be trapped in a legal grey area due to the new April law, with no resolution in sight.
The latest system introduced in April is far removed from what Germany’s “traffic light” alliance had initially promised. Their 2021 government manifesto had initially pledged to ensure a “regulated provision of cannabis to adults for leisure use in licensed stores.” This manifesto was diluted various times, especially following legal advisories from the European Commission. The initial plans for licensed stores have been delayed in favour of starting with a “trial phase” involving volunteer-led clubs. According to one spokesperson, these clubs are battling two key issues: highly complex legislation riddled with unnecessary stipulations, and local government bodies that lack both the expertise and will to put the April law into effect.
Over the last six months, instead of the anticipated thousands of applications, just 300 cannabis clubs have submitted the required documentation. In Berlin, the country’s hub for drugs and nightlife, only one application has been lodged. The issue is that Berlin’s city-state administration and its largely self-governed districts are caught up in a dispute over who should be in charge of handling applications.
In the lead up to Germany’s upcoming federal election next year, opposition conservatives have pledged to rescind the measures if they win.
However, Burkhard Blienert, Germany’s federal commissioner for narcotic drugs, is of the opinion that despite the controversy and administrative hiccups, the new cannabis law is a “major step forward” in two respects. He contends that it has enabled law enforcement to focus on tackling larger drug cartels instead of small-time users and also believes that legalisation will undercut the illegal market, reducing the profits of organised crime.
Cannabis clubs are grappling to get established, driving focus towards the other element of the April legislations: the allowance for individuals to cultivate three marijuana plants for personal usage. This personal cultivation policy has led to unintended repercussions in western Germany’s North Rhine-Westphalia region. Recent surges in unprecedented gun and bomb violence are attributed to territory disputes amongst Dutch and German drug factions, according to local law enforcement. The escalation in violent incidents is thought to be a power play by gangs attempting to fill the void left by struggling cannabis clubs. Alternatively, others believe the gang incursion into rival domains is spurred by a decrease in their market share as a result of the household cultivation policy.
Prof Bernd Werse, a sociologist and drug researcher based in Frankfurt, shared: “At least the police officers I’ve spoken to are relieved they no longer need to chase down cannabis users.” He’s not shocked by the bureaucratic hurdles obstructing the progress of cannabis clubs, but advocates that the legislative changes have set off a quiet shift in Germany. He reports that medical cannabis is now far more accessible, and mentioned that “individuals I would never have guessed are now cultivating marijuana plants on their balconies.”
Berlin resident Florian, a 61-year-old retired public servant has turned hobbyist grower . After receiving three marijuana plants from a friend, he and his family decided to include them in their garden. They later realised the plants were male, and female plants are needed for cannabis production. Despite not being smokers, Florian shared they “will likely try again next year.”