Will the legalization of marijuana in Germany be incompatible with EU law? That's the issue facing lawyers at the German Bundestag. At issue is mainly the 2004 EU Framework Decision and the Schengen Agreement. However, the European framework and regulations on the matter are structured in such a way that they leave a lot of room for interpretation. Here's more information.
Legalization of marijuana in Germany will be incompatible with EU law?
Lawyers for the Bundestag, as well as the head of the DHV - Deutsche Hanf Verband (German cannabis association) see a problem.
The issue is EU regulations that pertain to stimulants, most notably the Schengen Agreement and the 2004 EU Framework Decision.The document, Council Framework Decision 2004/757/JHA of October 25, 2004, laying down minimum provisions defining the constituent elements of criminal offenses and penalties in the field of illicit drug trafficking, reads, among other things: ("1) Illicit drug trafficking is a threat to the health, safety and quality of life of European Union citizens and to the legitimate economy, stability and security of the Member States. (3) It is necessary to adopt minimum rules defining the constituent elements of crimes in the field of illicit trafficking in drugs and intermediate products, which will enable a common approach at the Union level to combat illicit trafficking.
(5) Penalties provided for by the Member States should be effective, proportionate and dissuasive and include imprisonment. Factual circumstances, such as the quantity and type of drugs smuggled, and whether the crime was committed as part of a criminal organization should be taken into account to determine the penalty.
(6) Member States should be allowed to allow leniency if the offender has provided valuable information to the competent authorities."
The entire document can be found in T U T A J.
According to experts, Germany must expect "effective, proportionate and dissuasive criminal sanctions" in the event of violations.
However, the issue is not as simple and obvious as it might seem, and the devil is in the details. Some lawyers believe that Germany, by changing its laws, will not break EU law because it prohibits trade and production of ILLEGAL substances. On the other hand, after changing the law - they will be legal so EU law will not be violated.
"In particular, the wording that illegal trade should be prevented leaves room for interpretation. A regulated, controlled trade would not be illegal."
- says Georg Wurth, head of the Deutsche Hanf Verband.
The German government has announced that a bill legalizing marijuana will be submitted to the Bundestag for work most likely early next year. Until then, German politicians and activists will work out the best possible model for legalization. The goal of cooperation between politicians and all sorts of organizations, including those that oppose legalization, is to help work out such a model for the new law that will not need to be revised in the near future, Burkhard Blienert, Germany's drug commissioner, whom we had the opportunity to talk to a few weeks ago in Berlin during ICBC Berlin 2022, where legalization of marijuana in Germany was a leading topic, told WeedNews.co.uk.