The partial legalization of cannabis has been in effect in Germany for more than four months. In Berlin, the cultivation associations still do not know who will decide on their applications. The SPD is criticizing this.
SPD interior politician Martin Matz is calling for a quick decision on the implementation of the federal law on cannabis use, which has been in force for more than four months. It is still unclear who in Berlin will decide on the applications of the so-called social clubs that want to grow grass. LTO reported in detail.
Matz now said: “There could be a kind of additional department in the health department of the State Office for Health and Social Affairs [kurz: “Lageso”, Anm. d. Red.] Or it would have to be assigned to the district offices and the district health authorities would take over,” said Matz. “So far, people have avoided making a decision.” Unfortunately, that is not untypical for Berlin. “The Senate must now say who is responsible – whether it is the Lageso or the districts doesn’t really matter.”
“You just have to decide”
In his view, there are arguments for both variants: “Either you can say that it is more important to specialize. That speaks in favor of a central unit in a state office. If someone comes with such an application and wants to set up a social club, then they have already done it ten times. Now the eleventh is coming, no problem,” is how the SPD MP imagines it.
“On the other hand, you could say that the districts are closer, even geographically. They can make an on-site visit more easily. You just have to decide.” If it comes down to the districts, the Senate must also ensure that they have the financial means for the required positions, said Matz. “You can’t say that the districts are responsible and they should see how they manage it.”
The SPD interior politician accuses the Senate of having dragged out the issue: “The question of jurisdiction should have been clarified as soon as the law came into force at the beginning of April and it was known that social clubs would be allowed to grow cannabis and distribute it to their members from July,” he said.
Applications from social clubs remain pending
Since April 1st of this year, 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, subject to certain conditions. No more than 25 grams may be carried in public or more than 50 grams may be kept at home. Three plants in the living area are permitted.
Cannabis clubs have been able to apply for approval since July 1st. However, as long as the aforementioned jurisdiction regulation is missing in Berlin, the so-called catch-all jurisdiction applies, according to which the districts are responsible. However, they usually do not process the applications initially. According to information from the health administration at the beginning of last week, it is not yet clear when the regulation will come into force.
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Berlin has still not clarified jurisdiction: . In: Legal Tribune Online, 14.08.2024 , (accessed on: 15.08.2024 )
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