Cannabis law: abolition or adaptation? An assessment by Peter Homberg”

Can the cannabis law be abolished so easily? According to Peter Homberg, a complete abolition of the Cannabis Act is rather unlikely. In his assessment, he explains why legal and political hurdles are making a U-turn in cannabis policy more difficult.

Cannabis law abolition Homberg assessment?
The political race remains exciting and is running at full speed, and the CDU has already announced its intention to repeal the Cannabis Act (CanG) if it takes over the government. We agree with Homberg’s assessment and believe that this scenario is rather unrealistic. But how realistic is this scenario really? Lawyer Peter Homberg, who specializes in cannabis, has provided a well-founded assessment on krautinvest.de. Here we summarize the most important points for you.

Can the CanG be abolished so easily?
If you listen carefully to Homberg, he also believes that a complete abolition of the Cannabis Act is rather unlikely. Even if the CDU could be in government in the future, it would have to rely on a coalition partner to overturn this with at least a 50% majority – and it is questionable whether these partners would support a complete turnaround in cannabis policy. In addition, there are already numerous cultivation associations that are licensed for several years, and it would be almost impossible to legally enforce the withdrawal of these licenses.

Cannabis Act abolition Homberg aptly says: “You can’t get the spirit of the CanG back into the bottle completely.” However, changes could relate to details, such as the permitted amount of cannabis that can be carried or stored.

What could change for cannabis clubs?
While existing clubs would probably be protected, a new government could increase the administrative hurdles for new clubs. Restrictions on home growing or changes to the legal framework for cultivation associations would also be conceivable. Nevertheless, a complete abolition of partial legalization seems politically and legally unrealistic.

Medical cannabis: will access remain in place?
Another hot topic is access to medical cannabis, which is regulated by the MedCanG. Homberg sees no cause for concern here. Cannabis remains a prescription drug and will not be reclassified as a narcotic. The recent liberalization, which has made access easier for SHI patients, would make downgrading almost inconceivable.

However, there could be a possible change in telemedical prescribing practices. It remains uncertain whether doctors from other EU countries will continue to be allowed to issue prescriptions for German patients. There could be clearer regulations here in the future.

Is it cooked much hotter than it is eaten?
In fact, much of what is currently being announced in the election campaign seems exaggerated. Homberg is convinced that the actual changes – depending on the coalition partner – will be less drastic than the current threats of the conservative parties. He sees little room for major setbacks, particularly in the area of medicinal cannabis .

Herba di Berna – your partner for reliable information
At Herba di Berna, we follow developments in cannabis policy closely and are on hand to provide you with advice and support. With our expertise and personal experience, we are there for you – whether you have legal questions or need to select the right products. Together we keep our finger on the pulse and ensure that you are well informed.

Stay relaxed – we’re here for you! 🌱

Source reference:
Interview with Peter Homberg on krautinvest.de, published in November 2024.