The ‘Total-Legalization’ of Cannabis in Germany: Legal Challenges and the EU Free Market Conundrum

Abstract

The German government plans the ‘total-legalization’ of cannabis i.e. a state regulated market for recreational cannabis by 2024. Unlike Canada or Uruguay the German legislator plans to comply with the international treaty regime which strictly prohibits cannabis except for medical and scientific purposes. Concerning the equally prohibitive EU law the German government coalition follows a legal strategy of re-interpreting relevant provisions and exploiting legal loopholes. This article will outline this strategy and analyse the complex problems it raises under international and EU law. It will demonstrate that the German government has embarked on a risky endeavor as the international treaty regime as much as EU crime and drug policies give little room for legal maneuvers. Major issues such as the curbing of drug tourism and the compliance with free market rules remain widely unsolved.