to German Policy Makers in the drug law debate

We, as ENCOD are closely looking at the development occuring in Germany, as we already supported some groups of citizens who are trying to set up Cannabis Social Clubs in conformity with our CSC guidelines published in 2020.

FILLER

Since 1993  we, as ENCOD have been engaged to promote human rights and health through drug policy reforms based on scientific evidence and the will of policy makers to implement laws and rules that are just and effective.
Our advocacy work is based on the claim and on the grassroots initiative of peoples who are first concerned or affected by drug policy laws and policies. 

We, as ENCOD are closely looking at the evolutions occuring in Germany, as we already supported some groups of citizens who are trying to set up Cannabis Social Clubs in conformity with our CSC guidelines published in 2020.

We, as ENCOD are deeply concerned by the lack of seriousness – or at the opposite the extreme need to overrule having appeared during the last months, with proposals leading more and more into a very negative path of regulation of the cannabis market, a little bit unrealistic. It seems that German policy makers would like to ensure that it will not work before it is voted!

ENCOD will fight any attempt to build a prohibition 2.0 model, which will surely lead to more problems than one century of prohibition had already caused to societies. 

Here below, we’d like to propose to you the following roadmap, with the hope that it will help to clear the way and avoid some extremely useless measures. 

Our roadmap proposal is based on many principles for which we hope you’ll share their motives : 

• We need a liberal approach to drugs, not trivalising drugs, not calling drugs free of danger, but on the opposite, drugs should be monitored smartly.
• We need a pragmatic approach that first gives priority to scientific data and good practices that can be testified. For instance, the Dutch approach in the 70’s with the coffeeshops and the Harm reductions measures has ensured a real prevention of drug use among the youngest, which still makes the Netherlands to remain one of the lowest EU countries’ prevalence among minors.
• We need to ensure that it can help to empower the healthcare system by avoiding the misuse of financial resources and by spared taxes to fund adequately health care system needs. A real regulation of the cannabis market could help to save a lot of budget for the health care system !
• We need to diminish the social costs due to drugs, with alcohol and tobacco, and ensure that cannabis products are safely used with harm reduction measures. 

At least, the German new law and new policy towards Cannabis could remain on experimental path e.g. for 3 to 5 years, so the laws and the policy can be adjusted if necessary. The CSC model is also an excellent place to run long-term evaluation studies for a lot of fields of study.

Our roadmap for the future is based on the Potsdam spirit, and we should be clear that we speak the same language.

Framework of regulations for the Cannabis market

General overview of the Roadmap plan

• Decriminalization of drugs use
• Regulation is possible under C61 art 2.9
• Homegrow best to tackle black market ; CSC for the concerned “who deserve a place to exist”
• Need to debate on the rules for society: no to the minor ; Responsible adult use; public use; advertisement, publicity, incomes use of taxes; harm reductions measures; 
• Consumption and production issues : 
  • Production : limited surfaces but unlimited number of license to grow ; Rules for cultivation and sanitarian obligations ; 
  • Consumption : out of homegrow for self supply, and Cannabis Social Clubs for the “connoisseurs”, need to establish Cannashops / Cannabars / Drogueries store where adult people can buy Cannabis products – but a control should remain over the products which should avoid byproducts made with neocannabinoids. 

Roadmap for regulation of Cannabis sativa L. in full compliance with international law : Full article

Steps to take at the national level by German government

Following the example of Malta, German government legalization bill could suggest the reference to Article 2(9) indirectly, by:

• Defining adult use/recreational use as “use for other than medical and scientific purposes”
• Defining “abuse” as “substance use disorder”
• Defining the sector created as “cannabis industry”
• Enacting strong measures of harm reduction
• Adopting a system to collect data towards yearly submission to INCB

Taking these steps and adding such language in the law (for example, in the “definitions” section or preambular section) has “considerable probative value” because it contains a “recognition by a party of its own obligations under an instrument.” 

Like in Malta and Uruguay, the “non-medical cannabis industry” regulated can take the shape of Cannabis Social Clubs or any other model: the concept of “industry” and “non-medical” is not tied to any economic or organizational model. 

Cannabis Clubs are just a local non-profit industry model.

Give it a try! Start models and evaluate! As a country of brilliant scientists this is one of the strengths of Germany – use brains not muscles!

I want to thank all our German friends and all supporters of ENCOD.

Thank you for your attention. 

ENCOD
European Coalition for
Just and Effective Drug Policies