The Grass is Always Greener
Decades ago, a politician admitting to smoking a joint would have been career ending. They might admit to being in the room with people who had smoked a spliff, maybe even go as far as to say they tried but didn’t inhale, yet to freely admit smoking weed in a room full of journalists? Never. It probably says how far we’ve come, that a German politician did just that on Wednesday, and a health minister no less. Dr. Karl Lauterbach, the much maligned and frequently celebrated German Minister for Health, stood in front of the press and discussed the German government’s plans for cannabis legalisation. Although he wouldn’t admit whether his experience was positive or negative, he has previously gone on record as saying “Ein guter Arzt probiert alles” (A good doctor tries everything) when asked about smoking weed.
Equally, up until a few years ago, anyone suggesting that Germany would consider legalisation would probably be accused of smoking something themselves. Although each of the Bundesländer sets their own limits when it comes to possession, Germany, and specifically Bavaria, has some of the most repressive cannabis laws in the EU. However, with the election of the Traffic Light Coalition, legalisation is being pushed by two thirds of the government, with the Green Party and the free market loving FDP making unlikely allies. Both have advocated for legalisation, although they have tended to come at the problem from different angles; the Greens see the societal benefits, whereas the FDP focus much of their attention on the potential tax revenue and opportunities to invest any windfall in other areas. Either way, both are in alignment.
The largest coalition partner, the SPD, has mostly stayed aloof, only endorsing a scientific-led approach to legalisation. However, with the SPD’s Lauterbach taking centre stage on the topic this week, it seems Germany might finally be moving towards one of the few pieces of legislation on which the coalition partners broadly agree. There will still be hurdles, and any change in the law might not arrive until deep into 2024. The largest stumbling blocks come in the form of international and EU law. The United Nations Convention Against Illicit Traffic in Narcotic Drugs And Psychotropic Substances of 1988, and the impact on Schengen laws, will not be easily squared with the coalition’s plans, nor will questions about cannabis tourism be avoided. Given the EU’s ever vigilant eye on trade, the plans to only allow cultivation within Germany appear to have been dropped, but that also presents more questions than it answers. Will Germany have to import cannabis? Where will it come from? Canada has been suggested, but logistical and legal questions still remain; what happens if a plane full of cannabis from Canada happens to land somewhere other than Germany? Which company would be happy to foot the legal bill for that particular international incident?
Once the external questions have been answered, there will still be plenty of internal obstacles. The CDU, in opposition since the election last year, are entirely opposed to legalisation, and have demanded the government drop their plans and focus on other issues within the healthcare system. For all their angry rhetoric, their message is based on worn out arguments concerning cannabis being a gateway drug, something that has repeatedly been studied and remains, at best, inconclusive. Moreover, there appears to be a total lack of appreciation for the changing mood among young people, many of which voted for the FDP in the federal election. Although there are reasonable arguments made by CDU politicians concerning the health implications of legalisation, especially for people under 25, these arguments are negated by the CDU's sister party, the CSU, who regularly have themselves photographed at public events, raising large Maß glasses of beer. That both parties can ignore the obvious negative impact of one drug, so much so that it’s become a symbol of their traditional values, while at the same time criticising the impact of another, seems at best confused. Additionally, the antics of the CSU and Bavarian Minister President Markus Söder only serves to make them seem like the party of the past. At a recent political event in Hannover, Söder channeled his most Trumpian aspect, by claiming the Green Party not only sought the legalisation of cannabis, but Crystal Meth as well.
Should the government manage to navigate all these issues in front of them, there will still be the intractable problem of the public at large. Germany is notoriously risk averse, which is why any health based argument against legalisation will resonate with voters. Moreover, political conservatism runs deep here, and it’s no guarantee that legalisation won’t backfire come the next election in 2026. Progress is slow moving, almost glacial, which allows people to feel safe, but also partake in their other favourite German pastime: incessantly complaining. Any change to the status quo will be met with a wall of negativity, one stoned person in the street, one that wasn’t there before, could be enough to shake the very fabric of politics.
Politics aside, should the path to legalisation clear, what exactly will that look like in Germany? Well, I hate to predict the future, that’s a mug’s game. That being said, I’m interested to see what form of legalisation culture will develop in Germany. I find it hard to believe we’ll see cafes such as in Amsterdam, which some might bemoan, but would at least mean cannabis tourism is somewhat avoided. As far as I can tell, the Dutch model is not something the EU or Germany want, but it might appeal to the FDP and their market loving ideals.
Could the US provide inspiration? It depends on what part of the US I suppose. My time in Seattle a few years back gave me a sense of the potential for the Walmart-ification of cannabis shops. The experience was of clean, well lit, and welcoming environments, stocked with a variety of products, and staffed by lovely, customer-friendly employees. This model might appeal, but anyone who knows the perils of German customer service might wonder whether such stores could ever exist, let alone last more than a couple of months.
Apotheken could be the most likely supplier of weed to Germans, which would appeal to those concerned about the health implications, or worried about how easily available cannabis will be to minors. The sterile pharmacies of Germany would fit the bill, and their stern, but generally well trained personnel would provide a suitable level of knowledge to those first time buyers. Then again, Apotheken can be a mixed bag. Some are excellent and rather welcoming, while others are havens of condescension. Anyone who has had to suffer some grey haired man explaining how to take a paracetamol will understand my reservations.
I imagine, given Germany’s deep rooted Verein culture, that eventually some type of members club will become popular. This might require new arrivals to make a lap of the room to say hello to everyone, with multiple handshakes and small talk, before anything can be purchased. Despite my desire to avoid any and all environments like this, I do think they would be a net positive. Smoking, like drinking, is surely something best enjoyed as a group, and once everyone knows each other, the general smoke induced paranoia should only be a passing concern.
Personally, the myriad benefits of increased tax income and reduction of the illegal trade in cannabis would surely be large enough to outweigh any qualms over the health implications. That might seem blasé to some, but the war on drugs has failed. The most obvious example of this comes on my Sunday walk around my neighbourhood. I live in a leafy suburb, surrounded by the middle class of Bavaria, yet I regularly catch the distinctive smell of cannabis wafting down certain streets. When even the affluent, white middle classes of Bayern seem content to smoke weed in their free time, why the hell would a sensible country continue to try and block it? Legalise it, tax it, and let’s turn to more serious issues.
