Germany could violate European laws by legalizing cannabis

Germany showed political will to full legalization of cannabis, but an analysis by the German Parliament says that European laws could be broken if legalization goes ahead. The study was commissioned by the conservatives of the Christian Democratic Union, who oppose the legalization of cannabis, and states that two European treaties, signed by Germany, could prevent the country from moving forward.

The German three-party governing coalition led by Chancellor Olaf Scholz has declared its intention to legalize the sale of cannabis to adults for recreational purposes, a goal set out in the coalition agreement. The promised measure, which brought the issue to international discussion, was essentially supported by the Green Party and the Liberal Democratic Party, with the Minister of Justice, Marco Buschmann, setting the target for legalization in Spring 2023.

However, cannabis legalization is under fire again after the publication of an expert analysis commissioned by conservatives from the Christian Democrat Union, which opposes measures such as legalization. According to the analysis, legalization risks violating EU law. A study by the scientific service of the Bundestag, in which lawyers cite two European treaties, to which Germany is bound, says that this factor prevents legalization.

The total regulation of cannabis can bring Germany tax revenue annual costs and cost savings of around 4,7 billion euros and create 27 thousand new jobs, as advanced to Reuters. It is believed that if Germany advances, a “Domino effect” of legalization in Europe.

What prevents Germany from fully legalizing cannabis?

While the main obstacle identified was the unique 1961 UN Convention on Narcotic Drugs, this is increasingly seen as the lesser challenge as the binding nature of several European laws has entered legislators' radars. Uruguay and Canada, for example, would end up violating the UN Convention when they legalized adult cannabis use, and nothing happened to them.

Regarding European law, a 2004 EU framework decision stipulates that the manufacture, cultivation, sale, transport, shipment or import and export of drugs must be punished in all member states. The framework decision stipulates that each Member State must punish violations with “effective, proportionate and dissuasive criminal sanctions” 

The Schengen agreement also obliges the signatories to commit to “prevent the illegal export of narcotics of all kinds, including cannabis products, as well as the sale, acquisition and delivery of these funds through administrative and criminal means”.

It remains to be seen how Germany will get around all these issues. Perhaps this is why those involved in the German legislative process have already warned that legalization is a very complex process and that will not happen before the end of 2023 or 2024.