Germany’s almost legal drug: cannabis

marijuana smokerLegalizing cannabis in Germany is only a political side issue, but the topic persistently finds its way back into the conversation and the headlines. As California votes on the issue, DW looks at the German situation.

When the Left Party recently campaigned in state elections in North-Rhine Westphalia under the slogan “Right to Smoke,” their idea to legalize cannabis made headlines in Germany. The same principal has been in the Green party’s program for 10 years. And back in the mid-90s, the Social Democrats’ Otto Schily suggested making personal cannabis use legal. But the question didn’t come up again when Schily later became interior minister.

Efforts to decriminalize marijuana use for the estimated two million Germans who smoke it, similar to measures in the neighboring Netherlands and Czech Republic, have been gridlocked for some time. Only the Greens and the Left are still actively throwing themselves into the fray.

Bildunterschrift: Großansicht des Bildes mit der Bildunterschrift: Possession laws vary across Germany
“It’s a so-called ‘soft drug,'” said Gregor Gysi, the Left Party’s parliamentary leader. “That means its effects are no better or worse than those of alcohol, und just because it is associated with another culture, we treat it differently.”

“What we actually need with cannabis is, first of all, strict controls for minors. But for adults business should be open for two reasons: first, it would reduce crime associated with buying and second it would end the practice of large amounts of money being made through cannabismedical marijuana sales.”

Hazy laws

Currently in Germany, smoking marijuana itself is not a crime, but growing, possessing and selling it is. The Federal Constitutional Court recommends not enforcing a penalty for possession of small amounts of cannabis for personal use, as long as the possessor is not near a school and poses no threat to the public.

But Germany’s 16 states don’t have the same laws for what constitutes a “small amount” of cannabis. In Berlin it is up to 15 grams (half an ounce); in Munich it’s six grams.

Bildunterschrift: Großansicht des Bildes mit der Bildunterschrift: Coffeeshops selling cannabis are across the border in the Netherlands
Authorities in the state of Bavaria have warned of “increasing ignorance of guilt regarding cannabis consumption” and have started to crack down on smokers, so much that the German Hemp Association has made calls online for letters of protest.

Raphael Gassmann, head of the German Center for Addiction Issues, isn’t sure that taking a hard line is the best approach.

“Anyone who thinks hard cannabis legislation – in Germany or internationally – will lead to less consumption is, experience tells us, wrong,” said Gassmann. “In comparative law studies we haven’t once seen a serious indication that punishing cannabis consumption drastically raises or significantly lowers the practice.”

Gassmann said one result of going after marijuana users is that they become criminalized. He adds that can have a devastating effect on their lives if they lose their jobs because of the crime, for example.

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