Germany: “Legalization of cannabis is possible if the production chain is national”

The legalization of cannabis in Germany is compatible with international law, as long as the entire process takes place on national territory. This is the conclusion of a legal opinion commissioned by the German cannabis producer Demecan to the law firm Dentons. Dentons lawyer and partner Peter Homberg showed possible solutions to pave the way for legalization in Germany.

The opinion follows the announcements of the intention to full legalization in Germany and an analysis by the German Parliament, which stated that European laws could be broken if legalization goes ahead — which makes legalization in the country a very complex process.

In this regard, Demecan GmbH, a German company with production operations and a contract for the supply of medical cannabis to the German state, requested a legal opinion regarding the possibility of legalizing adult cannabis use in Germany. The opinion, carried out by the commercial law firm of Dentons, shows that legalization can be successful and in a way that is legally compatible with the requirements of international law and EU law.

The entire value chain must take place within Germany

According to release, concerning the opinion, all production and marketing must take place in Germany under the supervision of the German state. “The legalization of recreational cannabis in Germany faces a number of legal obstacles – especially European and international ones.” the lawyer and businesses from Peter Homberg, reports that the opinion delivered contemplates “possible solutions to pave the way for the legalization of recreational cannabis in Germany”.

According to the statement, four scenarios were developed — and in all of them, a solution where the supply and production chain is national is preferred. According to the lawyer, for legalization it is particularly important that cannabis cultivation takes place in Germany under state control. "Under current conditions of international law, cross-border trade in cannabis containing THC for recreational purposes is not viable without a significant violation of applicable international law.”   

Demecan Managing Director, Constantin von der Groeben, commented on the legal opinion, which presents “the opportunity to develop an innovative solution and thus play a pioneering international role in Germany in the legalization of cannabis for recreational purposes.”