The legalization of cannabis for adult-use purposes is feasible in Germany, also under consideration of the requirements of international and European law. This is the result of a legal report commissioned by DEMECAN and prepared by the global commercial law firm Dentons.
The expert opinion shows that four scenarios are possible to establish the cannabis enjoyment market in Germany. All four scenarios consider the creation of a national supply chain as the preferred solution. The legalization of the cannabis market is most likely to be implemented in Germany if the entire value creation and especially the cultivation of cannabis, can be mapped within national borders under state control. Under the current conditions of international law, transnational trade in cannabis containing THC for the purpose of enjoyment is not implementable without significant violation of the applicable international law.
"We now have the chance to work out a groundbreaking solution and thus to take an international pioneering role in Germany in the legalization of cannabis for adult-use purposes. Both international law and European law present challenges that are best addressed by keeping production and the supply chain confined to Germany," says Dr. Constantin von der Groeben about the legal report.
In order to enable the legalization of adult-use cannabis in Germany in the future, an adjustment of Germany's obligations under international and European law is unavoidable. This report also addresses this issue. It examines the special legal situation for Germany and takes into account the international agreements to which Germany is a party, such as the United Nations Single Convention on Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988.
This is followed by explanations of the situation under European law, including explanations of the results and experiences that have already been made with the legalization of cannabis in European countries, such as Luxembourg, Malta, Portugal or the Netherlands.
"The legalization of adult-use cannabis in Germany encounters a number of legal barriers, especially under European law and international law. In our expert opinion, we have identified possible solutions for our client to clear the way for the legalization of adult-use cannabis in Germany," says Peter Homberg, partner and head of the European Cannabis Practice Group at Dentons in Berlin.
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