Experts: Cannabis legalization violates EU law

Dhe cannabis legalization planned by the coalition violates EU law, according to a study by the Bundestag’s scientific service. In an analysis for the CSU health politician Stephan Pilsinger, which is available to the editorial network Germany and the German Press Agency, the experts from the Bundestag name European treaties to which Germany is bound and which stand in the way of legalization.

In the coalition agreement, it is agreed to introduce a “controlled sale of cannabis to adults for recreational purposes in licensed shops”. Preparations for the legislative process are currently underway. The federal drug commissioner, Burkhard Blienert (SPD), had announced a bill for late this year or early next year.

According to the scientific service, the so-called EU framework decision of 2004 stipulates that every member state must criminalize the manufacture, offering, sale, supply and import and export of drugs – if these intentional acts were carried out without the appropriate authorization. In addition, the intentional, unauthorized cultivation of cannabis plants, among other things, must be punished. The same applies to possessing or buying drugs. According to a 1971 convention, the term drugs also includes cannabis. Member States should act against the offenses mentioned “with effective, proportionate and dissuasive criminal penalties”.

Netherlands no role model

The scientific service also refers to the so-called Schengen Protocol. In it, the contracting countries, including Germany, undertook to “prevent the illegal export of narcotics of all kinds, including cannabis products, as well as the sale, procurement and delivery of these funds by administrative and criminal means”.

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