Draft cannabis control law
The draft of a Cannabis Control Act (CannKG) is a draft law introduced into the German Bundestag by the Bundestag faction Bündnis 90 / Die Grünen on March 20, 2015 , with the aim of giving adults legal access to cannabis as a stimulant and at the same time for youth and To serve consumer protection and addiction prevention. The bill (printed matter 18/4204) of March 3, 2015 sparked controversial reactions and a nationwide media coverage.
Justification for the draft law
The Greens justified the draft law as follows:
“'The prohibition policy on cannabis has completely failed.' Cannabis is the most commonly used illegal drug. In Germany alone, it is estimated that 2.3 million people of legal age use cannabis. 22.2% of the 15 and 16 year old schoolchildren have used cannabis […]. The current ban on cannabis is problematic in several ways. Adolescents are not prevented from using cannabis by a criminal law. At the same time, the narcotics law prevents credible prevention and effective youth protection through the black market created in this way. In addition, it makes effective consumer protection and harm reduction efforts impossible, as illegalized trade cannot be effectively controlled. The latter is particularly dubious because [because] products are also sold that have a high content of active ingredients or are contaminated with glass, lead or other substances. 'This means that the health risk to consumers is consciously accepted.' The majority of adult users do not practice risky cannabis use. The current legal situation leads them to disproportionate criminalization. Since 2001, the police crime statistics have recorded around 100,000 consumption-related offenses in connection with cannabis. For adults, the previous ban - also compared to other legal substances such as alcohol - is therefore 'a disproportionate interference with their freedom of action', because consumption is merely a self-endangerment. As early as 1994, the Federal Constitutional Court granted the possibility of limited criminal liability for the acquisition and possession of small quantities of cannabis products for occasional personal consumption [...]. "
Alternatives
Both the preface and the reasoning of the CannKG state that there is “no alternative” to the law. Neither a continuation of the current prohibition policy nor an unregulated legalization of cannabis is a realistic option.
Consultations in the Bundestag
On March 20, 2015, the bill was discussed in a debate lasting more than an hour. The first speaker in the more than an hour-long debate, the deputy group leader of Bündnis 90 / Die Grünen Katja Dörner , called for a “new, sensible basis for dealing with cannabis as an everyday drug”. Immediately afterwards, the Federal Drug Commissioner Marlene Mortler ( CSU ) spoke, who spoke out decisively against the law. Marlene Mortler ( CSU ) came under heavy criticism, among other things, because of her statements in the debate in the Bundestag. Above all, she was accused of incompetence, inadequate qualification as a "master of rural housekeeping", inconsistency (due to her positive portrayal of alcohol consumption) and bias towards proposals for the legalization of cannabis. A point that is frequently criticized is the reasoning behind the question why alcohol is legal and cannabis illegal, for example: “In contrast to cannabis, alcohol is part of our culture” and “Because cannabis is an illegal drug. Period. ”The drug policy spokesman for the left , Frank Tempel supported the initiative and said:“ The black market is pretty much the worst protection of minors ”. Bettina Müller ( SPD ) admitted that the proposal addressed many points on which she also saw a need for action, but made it clear, as did her parliamentary colleague Burkhard Blienert , that the draft was still half-baked.
Another public hearing in the Bundestag Health Committee took place on March 16, 2016.
In 2018, there was another debate on motions from the FDP, the Left and the Greens on model projects, a state-controlled market and a progressive transport policy with regard to cannabis users.
Short version of the CannKG
Article 1.1 Legitimate access to cannabis for adults
The bill allows adults limited access to cannabis and cannabis products. For this purpose, adults are allowed to grow a limited number of cannabis plants for private consumption and to store and consume the harvest of these plants. Adults can also buy cannabis in so-called cannabis shops.
Article 1.2 Protection of minors
All access to cannabis is forbidden to children and young people under the age of 18. In order to effectively guarantee the protection of minors, the law provides for various protective measures to be implemented by both private individuals and businesses. In addition to security measures for the cultivation and storage of cannabis, a minimum distance between cannabis shops and schools and youth welfare institutions, a ban on advertising and access controls with proof of age are also part of the protection of minors. The law punishes violations that undermine the protection of minors with penalties and fines and - in the case of traders - with a revocation of the business license.
Article 1.3 Consumer protection and drug prevention
To minimize the risk for adult consumers, comprehensive consumer and health protection is provided through information about the ingredients, the concentration of the active ingredients, extensive package inserts, warnings and quality standards. For the operation of specialist cannabis shops, the draft law requires special training for sales staff as well as the creation of a social concept that sets out measures with regard to addiction prevention and the protection of minors.
Article 1.4 Economical use of cannabis
The entire cannabis trade chain (cultivation, wholesale, import / export, retail, transport, processing) is strictly regulated. Any commercial use of cannabis requires official approval and is subject to strict official requirements and controls. The state regulation of the trade chain for every link in the trade chain, at the end of which is the cannabis specialist shop, enables an effective separation of the markets and control of the legal cannabis trade.
Article 1.5 Other handling of cannabis and industrial hemp
The scientific handling of cannabis and the cultivation of industrial hemp do not require a permit, but are subject to a notification requirement.
Article 1.6 Penalty and fines regulations
Article 1 punishes violations of the Cannabis Control Act with penalties and fines, in order to ensure compliance with the statutory provisions, in particular the protection of minors.
Article 2 - Cannabis Tax Act (CannStG)
Introduction of a consumption tax
A consumption tax on cannabis is intended to ensure that the gross sales price does not fall below the previous street sales price of cannabis, so that, as a result, there is no expansion of consumption through “cheap” cannabis. The tax revenue should be used for prevention projects or to finance other important social issues.
Article 3 (amendment of the Narcotics Act)
In Article 2, cannabis and industrial hemp are deleted from the Narcotics Act.
Article 4 (Amendment of the Road Traffic Act)
A limit value for cannabis in road traffic is regulated here.
Possession of cannabis according to CannKG
The draft law provides that adults are allowed the possession of up to 30 grams of cannabis , or the possession of up to three female, flowering cannabis plants for personal or community personal use or their annual harvest (the sum of all harvests of a maximum of three cannabis plants within one Year), under the condition that cannabis may not be made accessible to children and young people.
Acquisition of cannabis according to CannKG
The draft law provides that private individuals can purchase up to 30 grams of cannabis for a fee in specialist cannabis shops, but not by mail order (i.e. via the Internet or the like) or by growing up to three female, flowering plants.
Application for commercial cultivation of cannabis according to CannKG
If the cultivation takes place in fields, evidence must be provided that these are secured by suitable means (fences). If the cultivation takes place in greenhouses, their exact location (place, street, house number) must be described. In both cases, the exact variety that will be planted and the area under cultivation must be specified.
monitoring
Authorities charged with monitoring are empowered to monitor the trade and cultivation of cannabis, in particular:
1. to view documents on the cannabis trade, cultivation or manufacture of cannabis,
2. to enter and inspect properties, buildings, parts of buildings, facilities and means of transport used in the cannabis trade or cultivation, whereby the persons commissioned must ensure that the regulations on cannabis trade or cannabis cultivation are being observed,
4. to carry out the necessary measures to determine the cannabinoid content of cannabis and industrial hemp,
5. Take the necessary measures for the destruction of cannabis that is not marketable.
Specialized cannabis shops according to CannKG
Application to operate a cannabis specialist shop
The same applies to the application for the transport and processing of cannabis.
" (1) As a rule, documents with the following information must be submitted as proof of the licensing requirements for operating a cannabis specialist shop:
1. the surnames, first names or the company and the addresses of the business owner as the applicant and the person entrusted with the management of the business,
2. the names of the sales personnel as well as the evidence required under Section 23 (3) of participation in the “Responsible Selling” training course; these can be submitted up to direct customer contact of the sales staff,
3. information from the central trade register in accordance with Section 150 (5) of the Trade Regulations,
4. a certificate of good conduct pursuant to Section 30 (5) of the Federal Central Register Act for the persons named in numbers 1 and 2,
5. a description of the location of the cannabis shop by city, street, house number,
6. a description of the social concept […] and the security measures including the alarm system and
7. Plausible evidence of compliance with the minimum distance (these can be determined by the federal states) to the nearest school or other facilities which, according to their type or which are actually mainly visited by children or young people.
(2) If the competent authorities of the federal states grant a permit, a copy of the permit shall be sent to the competent police authority. "(Draft of a Cannabis Control Act (CannKG) § 24)
Requirements for a cannabis specialist shop according to CannKG
a) The operator of a cannabis specialist shop must create a social concept that takes the following points into account:
1. Measures with regard to addiction prevention,
2. Protection of minors
3. Training measures for sales staff.
A report on the social concept must be submitted to the approval authority every two years.
b) All sellers must have a “Responsible Selling” certificate. In order to obtain this, they have to take part in a training course at the state or specialist agency for addiction prevention or at similarly qualified institutions and prove that they have knowledge of how to deal with cannabis, the effects and dangers of cannabis as well as the prevention of cannabis dependence and the early detection of risky consumption patterns and subsequent referral of affected persons to addiction counseling centers and / or therapy facilities. The salespeople must take part in a training course every two years.
c) In a specialist shop, all cannabis products must be stored in a safe or specially secured room.
d) Cannabis must not be sold if it has not been manufactured and tested according to the state of the art in science and technology, if it is contaminated with substances that are likely to endanger health or if it contains additives that are not clearly labeled has been mixed with tobacco or tobacco products, if it has been mixed with alcohol or dissolved in alcohol, if in or on it inadmissible pesticides , fertilizers or other plant or soil treatment agents are present. Cannabis may only be dispensed in specialist cannabis shops in containers with a closure or other safety precaution.
e) The following must be written on the packaging of cannabis products:
- Information on the manufacturer and place of production / cultivation
- Information about the product (variety, weight, harvest date, etc.)
- the percentage of
- a) THC and
- b) at least one other cannabinoid, usually cannabidiol (CBD) or, if another cannabinoid is more important for the effect, the more important cannabinoid.
4. The following warnings must be printed on the packaging:
- “The use of cannabis can lead to addiction and other health problems. Children and adolescents can be impaired in their development through the use of cannabis. If you have any problems, contact your doctor or the nearest drug counseling center. "
- "For adults only. Keep out of the reach of children and adolescents. "
- "Do not drive under the influence of cannabis"
5. The package insert must contain the following:
a list of information that must be known before using cannabis:
a) drug interactions, as well
b) the instructions required for proper use on the dosage, type of application and duration of action, instructions in the event of overdose, as well as a recommendation for tobacco-free oral use
c) a description of the side effects that can occur when cannabis is used as intended, as well as countermeasures to be taken in the event of side effects, insofar as this is necessary according to the current state of scientific knowledge.
d) a warning against the use of cannabis during pregnancy and breastfeeding
e) the following warnings and information:
- "Only consume cannabis together with medication after consulting your doctor or pharmacist."
- "Pregnant and breastfeeding women are strongly advised not to use cannabis."
- “The use of cannabis can impair concentration, judgment and coordination. Therefore, do not operate any machines and do not drive under the influence of cannabis "
Cultivation of industrial hemp
The European legal regulations continue to apply to the cultivation of industrial hemp .
Anyone who violates the CannKG can be prohibited from growing industrial hemp.
Penalties for violating the CannKG
Penal regulations
(1) Anyone who is punished with a prison sentence of up to three years or a fine
1. Passes on cannabis to children or adolescents,
2. owns more than 30 grams of cannabis without a permit or keeps an annual harvest of more than three cannabis plants without a permit,
3. grows more than three female, flowering cannabis plants without permission,
4. Brings cannabis into circulation in or on which pesticides or other agents or their degradation or reaction products are present
5. Deliberately or negligently brings cannabis into the trade that is contaminated with substances that are likely to endanger health,
6. imports or exports cannabis to Germany in quantities of more than 30 grams without permission or
7. Trading, processing or transporting cannabis without permission.
(2) In particularly serious cases, the penalty is imprisonment for up to five years. A particularly serious case is usually when the perpetrator
1. repeatedly passes on cannabis to children or adolescents,
2. acts commercially or as a member of a gang that has joined forces for the continued commission of such acts,
3. endangers or endangers the health of a large number of people through an act referred to in paragraph 1 no. 4 or 5
4. obtained large-scale pecuniary advantages for himself or for another person through an act under paragraph 1.
Fine regulations
(1) An administrative offense is committed by anyone who willfully or negligently
1. trades, cultivates or imports genetically modified hemp or cannabis,
2. supplies cannabis that has not been manufactured and tested in accordance with the state of the art in science and technology, supplies cannabis mixed with tobacco, tobacco products or alcohol,
3.Sells cannabis without labeling, warnings, package inserts or child-proof packaging or the labeling, warnings, package inserts or child-proof packaging do not meet the requirements,
4. offers cannabis in vending machines,
5. does not keep or keep records correctly or completely or does not submit reports in good time,
6. does not comply with security requirements or the obligation to destroy,
7. promotes cannabis,
8. supplies cannabis to adults even though there are indications of passing it on to minors,
9. Allows children or young people to have access to a cannabis specialist shop,
10. does not submit a report on the implementation of the social plan every two years,
11. Employing sales personnel without a "Responsible Selling" certificate,
12. provides incorrect information in an application or encloses incorrect documents,
13. does not notify a change correctly, not completely or not immediately,
14. contravenes an enforceable order,
15. does not comply with an obligation to tolerate or cooperate or
16. fails to report the scientific handling of cannabis or the cultivation of industrial hemp, not correctly, not completely or not in time.
(2) The administrative offense can be punished with a fine of up to 100,000 euros. The fine is intended to exceed the economic advantage that the perpetrator has derived from the regulatory offense. If the statutory maximum of the amounts specified in sentence 1 is not sufficient for this, it can be exceeded.
Taxation of cannabis according to CannKG
(1) The cannabis tax is for
1 . Dried plant parts of the female cannabis plant (also known as "marijuana") four euros per gram of retail product,
2. the resin (also called "hash") obtained and pressed from the female cannabis plant five euros per gram of final sale product,
3. the extracted oil, other concentrates or extracts of the female cannabis plant (for example hash oil) six euros per gram of retail product.
(2) In the case of goods containing cannabis, the cannabis contained therein is taxed according to the tax rates in paragraph 1.
Change of existing laws
Change of the BtMG
1. Section 19 (3) (cultivation of industrial hemp) is deleted.
2. Section 24a is repealed. ( Obligation to notify industrial hemp)
3. Cannabis, cannabis products and components are deleted from Appendix 1 to Section 1 (1) (narcotics that are not marketable).
Changes to the Road Traffic Act
1. The following sentence is added to Section 24a (1) ( 0.5 per mille limit ):
"Anyone who drives a motor vehicle in traffic is also an administrative offense, although a concentration of 5.0 ng / ml or more of active delta-9-tetrahydrocannabinol (active THC) was measured in the blood serum."
2. In the annex (to § 24a) (substances whose presence in the blood constitutes an administrative offense) the words “cannabis” and “tetrahydrocannabinol (THC)” are deleted.
3. The ordinance law is amended so that the presence of cannabis active ingredients and degradation products in the blood is not punishable by confiscation of the driver's license.
See also
Web links
- Draft of a cannabis control law (Bundestag printed paper 18/4204) of BÜNDNIS 90 / DIE GRÜNEN Bundestag parliamentary group from March 4, 2015 as a PDF file
- Article “Reason instead of ideology: The green cannabis control law” of the BÜNDNIS 90 / DIE GRÜNEN parliamentary group of March 4, 2015 with a short summary of the main provisions of the draft law
Individual evidence
- ↑ bundestag.de Draft of a Cannabis Control Act (CannKG) (accessed on March 22, 2015)
- ↑ sueddeutsche.de Kiffen - please only at the age of 18 (accessed on March 22, 2015)
- ↑ spiegel.de Cannabis Law of the Greens: Smoking weed, but correctly (accessed on March 22, 2015)
- ↑ welt.de Greens want to treat everyone to three cannabis plants (accessed on March 22, 2015)
- ↑ Agenda of the Bundestag from March 20, 2015, Item 19 ( Memento of the original from March 19, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Video of the plenary session
- ↑ Members of the Bundestag - Marlene Mortler (CSU), Members of the Bundestag - Personal details.
- ↑ The drug commissioner of the federal government, Marlene Mortler. ( Memento of the original from May 15, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Marlene Mortler on Twitter, Kreuther Geist.
- ^ Rainer Woratschka: New drug commissioner Mortler - one from the country. In: Der Tagesspiegel.
- ^ Mortler at the German Brewers' Association.
- ↑ Mortler drug commissioner against cannabis release: untenable allegations. ( Memento of the original from May 30, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Mortler drug commissioner against cannabis release: untenable allegations. ( Memento of the original from May 30, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ the daily newspaper of March 20, 2015: Debate about cannabis - dope in the Bundestag
- ↑ March 16, 2016 -Cannabis Control Act (CannKG). (No longer available online.) In: Deutscher Bundestag. Archived from the original on March 22, 2016 ; accessed on March 16, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ^ Sandra Schmid: German Bundestag - New approaches to dealing with cannabis advise . In: German Bundestag . ( bundestag.de [accessed September 20, 2018]).
