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Cannabis law: City Council criticizes implementation in MV

The new cannabis consumption law is seen as a failure by the Association of Cities and Towns. The expenditure to be imposed on municipalities in MV is rejected by the local authority association.

The new consumer cannabis law decriminalizes drug consumption within certain limits. However, there...
The new consumer cannabis law decriminalizes drug consumption within certain limits. However, there are exceptions. The pursuit of offenses in MV is a subject of dispute between municipalities and the government.

- Cannabis law: City Council criticizes implementation in MV

Communities in Mecklenburg-Vorpommern are pushing back against plans by the state government to transfer the monitoring of compliance with the recreational cannabis law and, in some cases, the enforcement of violations to local public order authorities.

"Legalization must not lead to cities, municipalities, and towns being left alone with the problems of a failed law," said the chairman of the Association of Cities and Towns, Mayor of Wismar Thomas Beyer (SPD). "We, the mayors, are tired of our employees having to deal with the consequences of poorly crafted laws. This also affects the acceptance of citizens."

He reacted to a draft ordinance from the Ministry of Agriculture, which is also responsible for consumer protection and thus for the implementation of the federal law at the state level. According to the association, full-time mayors and heads of administration would be responsible, among other things, for pursuing the prohibited consumption of cannabis in schools, youth facilities, sports facilities, and in their vicinity, as well as in pedestrian zones. The same would apply in part to violations of the drug's possession limit. However, the public order offices would neither have the means for any necessary identification measures nor expertise in identifying plant parts, the association said.

Association chief: Task transfer not cost-neutral

Beyer expressed concern that the intended relief for police and justice would now be at the expense of municipalities. "If it is then stated in the cabinet draft that there are no financial implications for the budgets of the municipalities due to the task transfer, that goes past reality. Additional controls at additional times mean more, also more personnel. If that is not to be the case, then the state should simply explain that it does not want to pursue the offenses. That would at least be honest," said Beyer.

In a joint statement, the ministries of the environment and the interior point out that the law lists a total of 37 administrative offense offenses. Nine of these would, according to the current draft of the state regulation, fall under the responsibility of local public order authorities. "These have employees who already now pursue administrative offenses in the field. Furthermore, an evaluation of the recreational cannabis law is to accompany its implementation," it said in the statement. The regulation is currently in consultation and will be discussed between the ministries before the draft goes to the cabinet for approval. A final assessment is not yet possible at the current time.

Cannabis law remains controversial

The controversial recreational cannabis law has been in force since April 1, 2024. It allows, among other things, adults to grow cannabis for personal use. The limited possession of cannabis is not prosecuted under criminal law. Supporters expect the law to improve health protection, increase awareness and prevention, strengthen child and youth protection, and curb organized drug crime. Critics, however, fear that drug abuse could increase further.

The proposed shift in responsibilities could strain municipal budgets, as Mayor Beyer argues, stating, "If it is then stated in the cabinet draft that there are no financial implications for the budgets of the municipalities due to the task transfer, that goes past reality." Furthermore, the Association of Cities and Towns raises concerns about holding municipalities responsible for enforcing compliance during community day events, arguing, "This also affects the acceptance of citizens."

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