Cannabis legalization timeline

“We are introducing the controlled dispensing of cannabis to adults for consumption purposes in licensed stores. This will control quality, prevent the transfer of contaminated substances and ensure the protection of minors. We will evaluate the law after four years for social impact. Drug checking models and harm reduction measures will be enabled and extended.” (Find the Coalition Agreement online here.)

The Cornerstone Paper (or: Key Issues Paper) is the basis for a draft bill. It is prepared in consultation with all relevant federal ministries. As the name suggests, the paper sets out the most important key points of the planned bill. It often does not go into detail and is usually much less extensive than a draft bill. After a general approval of the Cornerstone Paper by the Federal Cabinet, the key points will be transferred into a more detailed draft bill by the responsible ministries.

A draft bill is the fully formulated text of a law submitted to the legislative bodies for deliberation and voting. Until the final vote, the title of the legislative text is “draft bill”. A draft bill is going through several stages during the political process:

The draft bill that is written by one or several ministries is called „Referentenentwurf“. The “Referentenentwurf” is submitted to the Federal Government for discussion and decision in the Cabinet.

The “Regierungsentwurf” is the bill passed by the Federal Government (in the Cabinet) and then submitted to the German Parliament (Bundestag). This draft bill is subject to change within the parliamentary process as expert opinions, parliamentary hearings and legislative amendments will be incorporated. The Federal Council (Bundesrat) also has the right to comment on the draft. The involvement of the Bundesrat (approval of the bill may be required) depends on the content of the bill.

The term “notification” describes a procedure in which EU member states inform the European Commission, and in some cases also other member states about a legal act before it can take effect as national legislation. This is the case when it comes to legal acts relevant to the EU Single Market (Binnenmarkt). While the EU Commission is reviewing the legal act, the member state is prohibited from implementing the act in question. This “standstill period” can last from three to six months.

Once the bill is adopted, it will be published in the Federal Law Gazette (Bundesgesetzblatt). Now, for the first time, citizens can read the binding legal text in its final form. Corrections are no longer possible – except via a completely new legislative procedure. The Bundestag decides whether a law enters into force immediately on the day after promulgation, at a later date or even retroactively. This depends entirely on the content of the regulation.

https://ec.europa.eu/growth/tools-databases/tris/de/about-the-20151535/the-notification-procedure-in-brief1/

https://www.bundestag.de/resource/blob/190866/d372b187d0228b27956769ab67d5c8ef/notifizierungsverfahren-data.pdf

https://www.spd.de/fileadmin/Dokumente/Koalitionsvertrag/Koalitionsvertrag_2021-2025.pdf

https://www.bundesgesundheitsministerium.de/fileadmin/Dateien/3_Downloads/Gesetze_und_Verordnungen/GuV/C/Kabinettvorlage_Eckpunktepapier_Abgabe_Cannabis.pdf

https://www.bundesrat.de/DE/aufgaben/gesetzgebung/verfahren/verfahren.html

https://www.bundestag.de/parlament/aufgaben/gesetzgebung_neu/gesetzgebung/weg-255468

https://www.bundesgesundheitsministerium.de/fileadmin/Dateien/3_Downloads/C/Cannabis/Eckpunkte_2-Saeulenmodell_Cannabis.pdf