Germany Nears Cannabis Legalization: A Shift In Europe’s Drug Policy

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Cannabis in Europe:

Legislation regarding the trafficking, cultivation, and possession of cannabis varies in severity from country to country. In the Netherlands, sale for recreational use is legal in authorized establishments called coffee shops, being the only country in the European Union that allows it. In Spain, cultivation of cannabis for personal use or in exempt modalities from punishment is allowed. However, its therapeutic use is still not regulated and is pending government processing, leading to a shortage of cannabis-based medicines due to lack of regulation, a process that can be prolonged for years due to bureaucratic issues.

In the Spanish legislative sphere, the debate on cannabis has been driven by proposals to amend the law, such as the one presented by Izquierda Unida in 2006 to reform the Corcuera Law. Additionally, cannabis associations have emerged that offer legal access to cannabis as an alternative to the free market legalization model, which is considered to potentially encourage uncontrolled trade following unregulated consumption patterns. These associations have restrictive entry criteria, limited to adults and consumers recommended by members.

The conservative government of Mariano Rajoy introduced a bill in 2013 that toughened penalties for cannabis possessors and consumers in public spaces, eliminating the option of substituting fines for detoxification programs and increasing fines for the cultivation of drugs not constituting a crime. This measure was criticized by drug dependency experts and representatives of cannabis associations, who considered it regressive and harmful to users.

In 2022, the Congress of Deputies debated the regulation of medicinal cannabis, with the Health and Consumption Committee approving by an absolute majority a report urging the Government to approve it within six months, although the process was hindered and not fully materialized due to the general elections of 2023.

In Portugal, drug consumption, including marijuana, is still prohibited, but since 2001, drug possession is not considered a crime. According to a Ministry of Health official, the focus is on addressing addiction as a disease, not criminalizing affected individuals. Those detained with minimal amounts are referred to monitoring committees, led by the Ministry of Health, to receive detoxification treatment if necessary, without this being recorded in police or judicial records. This policy has resulted in a decrease in consumption.

In Germany, efforts to legalize cannabis have been initiated since 2022. After the leadership change with Olaf Scholz, proposals were made to increase the minimum wage, reduce the voting age, and legalize the sale of cannabis for recreational use. Hearings with medical and legal experts have been held to inform about possible legalization. Despite meetings between ministers from various countries to discuss the regulation of the cannabis market, an official agreement has not yet been reached.