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Expert opinion endangers traffic light project: cannabis legalization violates applicable law
Published on March 1, 2023
"The cannabis legalization planned by the Federal Government contradicts international and European law requirements," says the 53-page scientific elaboration, which was presented in Munich on Wednesday.Author Bernhard Wegener, owner of the chair for public law and European law at the Friedrich Alexander University in Erlangen, had drawn up the report on behalf of Bavaria's Minister of Health Klaus Holetschek (CSU).
According to the expert opinion, the traffic light plans violate the Convention of the United Nations to fight drugs: "The UN drug control organs evaluate comprehensive cannabis legalization of the type planned by the federal government in constant decision-making practice as an contrary to the UN Convention on Drug Combation."With regard to European law, the planned state or state -licensed trade, cultivation and sale of cannabis for others as scientific or medical purposes is also "inadmissible".
"In my opinion, a violation of EU law would always have to result in a violation of the contract," said Holetschek, who has categorically rejected any legalization plans for marijuana for months.He therefore asked the federal government to immediately drop its plans for the approval of the cultivation, trade and consumption of cannabis for pleasure purposes.
The aim is and remains to improve the protection of youth and health for consumers and to contain the black market.Spokesman for the Federal Ministry of Health
Cannabis legalization is one of the major projects of the traffic lights.In their coalition agreement, the SPD, Greens and FDP had agreed to make a "controlled submission of the drug to adults for pleasure purposes in licensed shops".Cannabis is to be grown and sold in the state regulated by the state.The own cultivation of few plants is also to be allowed.
Lauterbach plans to submit a draft law by the end of March
Among other things, the traffic lights justify the project that the prohibition policy did not prevent use, instead there was even an increase in consumption.Furthermore, a legal and state-monitored sale could improve youth and health protection, since less contaminated cannabis is in circulation.Federal Minister of Health Karl Lauterbach (SPD) presented the first concrete ideas for implementation in autumn.A bill should be available by the end of March.
A spokesman for the Federal Ministry of Health said on Wednesday that the report apparently does not provide any new findings.They work with high pressure on a draft law, continue to be in contact with the EU Commission and will present compliant solutions under European law."The aim is and remains to improve the protection of youth and health for consumers and to contain the black market."(dpa)