- No agreement on jurisdiction for cannabis cultivation
The bureaucratic ping-pong between the Berlin Senate and districts regarding the implementation of the cannabis partial legalization continues. Even four and a half months after the federal law came into effect, it remains unclear who in the city will decide on applications from so-called "social clubs" that want to grow grass. At a meeting of the Council of District Mayors, which was also attended by State Secretary of Health Ellen Haußdoerfer, no agreement was reached on this issue, as the Senate's health administration announced. There is no final decision on who will be responsible for the processing of licensing procedures and the control of cultivation associations in Berlin in the long term.
This question has been discussed for months at all levels. According to the health administration, there are two options: the first would involve the twelve districts being responsible, with one district taking the lead for all others. The second option would involve a central responsibility of the State Office for Health and Social Affairs (Lageso).
More time needed for legal change
State Secretary Haußdoerfer pointed out that a legal change would be necessary for the Lageso option. "However, such a legal change would take more time than a unified implementation by the districts, which already have corresponding task profiles. We now hope for a timely and binding response from the districts to move the process forward."
Haußdoerfer emphasized: "We are not in a legal vacuum." Until the required "competent authority ordinance" is in place at the state level, cultivation associations can submit their applications for a permit to the districts, she explained.
Applications are currently on hold
However, this does not help the cannabis clubs. Such applications are currently not being processed, as the districts have unanimously announced. According to a spokesperson for the Pankow district office, the heads of the local public order offices have agreed to accept applications but not to process them, but to "temporarily suspend them due to lack of sufficient competence regulation."
Since April 1, the possession of certain amounts of cannabis, private cultivation, and consumption of the drug in public have been permitted nationwide for people aged 18 and over under certain conditions. No more than 25 grams can be carried in public, and no more than 50 grams can be stored at home. Three plants are allowed in the living area. Since July 1, cannabis clubs have been able to submit applications for a permit - but in Berlin, they are not receiving any response for the time being.
The European Union, while not directly mentioned in the text, could potentially have a role in shaping the legal landscape of cannabis in Germany due to its influence on EU-wide drug policies. For instance, a decision from the European Union could impact the timeline or regulations surrounding the legal change mentioned by State Secretary Haußdoerfer.
Alternatively, if the cannabis clubs in Berlin decide to expand their operations beyond Germany, they might need to comply with the relevant laws and regulations set by the European Union, given that the European Union is a political and economic union of 27 member states.
