Companies based in Australia and New Zealand appear unlikely to gain access to the German recreational cannabis market, based on a draft legalisation plan reported by local media outlets.
The RedaktionsNetzwerk Deutschland media network (RND) published a report this week outlining Health Minister Karl Lauterbach's proposal to permit adults to purchase or possess up to 20 grams of cannabis.
The minister is quoted as saying: "According to a preliminary assessment, international trade in recreational cannabis is not possible in line with international legal frameworks."
This statement likely refers to the UN Single Convention on Narcotic Drugs 1961, which sets out countries' international drug control obligations and covers cannabis. European laws have also been identified as potential obstacles to legalisation more broadly.
Should the plan be confirmed, Germany would not become an export destination for Australian or New Zealand producers, meaning domestic supply would need to meet all recreational demand.
Under the proposed framework, German adults aged 18 and over could legally grow up to two cannabis plants at home, with THC content capped at 15%. For those aged between 18 and 21, the limit would drop to 10% in order to prevent "cannabis-induced brain damage."
Minors found in possession would not face prosecution, though they could be required to attend a drug abuse prevention course and any cannabis found on them would be seized.
The report indicates that recreational cannabis would be sold through licensed retailers and potentially through pharmacies and online channels. Sellers would be required to operate a minimum distance from schools and youth facilities, and all advertising would be banned outright.
Those selling cannabis without a licence, or dealing in synthetic cannabinoids, would face criminal prosecution. In principle, cannabis would no longer be classified as a narcotic under German law.
All revenue from sales would be subject to taxation, including standard VAT and a dedicated levy, with rates tied to the THC content of the product. The goal would be to keep legal prices competitive with those on the illicit market.
The proposals remain under ministerial discussion, with a draft bill expected to be tabled later this year or in early 2023.
Separately, in Oklahoma, Governor Kevin Stitt has called a statewide vote for March 7, 2023, in which residents will decide whether to legalise adult recreational cannabis use. The US state already permits medicinal use.
If the measure passes, adults aged 21 and over would be permitted to use cannabis legally, with sales subject to a 15% excise tax on top of the existing sales tax. Funds raised would go toward local services, the court system, public schools, and substance abuse treatment programmes.
Individuals carrying prior cannabis-related convictions would have the option to apply for expungement or dismissal of those charges.
