Masterstudiengang "Drug Regulatory Affairs"

Master-Thesis

Cannabis for medicinal and recreational purposes and new psychoactive substances – Critical review of recent legal initiatives in Germany ***

Dr. Iris Bruchmüller (Abschlußjahr: 2016)

Summary
Language: English
The German society is confronted with an aggravating drug problem, and the call for a more efficient drug policy is getting louder - and the awareness that decades of prohibition did not show the desired success is growing. At the same time we face a revived appreciation for and interest in cannabis based therapy. German policymakers are tackling the situation with three new drafted laws:

• Legalization of cannabis for medicinal purposes: Bill amending the narcotics regulations and other provisions
• Legalization of cannabis for recreational purposes: The Cannabis Control Act
• An act combating the dissemination of new psychoactive substances: New Psychoactive Substances Act

Cannabis for medicinal purposes: Federal Health Ministry of Germany presented on January 8th 2016 a drafted bill amending the narcotics regulations with the purpose to enable the marketing and prescription of pharmaceutical-grade Cannabis to specific, particularly chronically and seriously ill patients. It postulates controlled access to pharmaceutical-grade cannabis dispensed by pharmacists. The Federal Institute for Drugs and Medical Devices (BfArM) will be assigned as competent authority, in charge of the control of the cultivation of medical Cannabis (state agency).
Cannabis for recreational purposes: The drafted Cannabis Control Act, aiming at legalization of natural cannabis for recreational purposes, has been introduced by Bündnis 90/ The Green party. This bill focusses on protection of consumers and minors by establishing a regulated, quality controlled cannabis retail system. The drafted Cannabis Control Act includes inter alia provisions for consumption, private cultivation, retail, wholesale, tax and import of cannabis. The special retail concept of this bill specifies that Cannabis is freely available for adults in specialized Cannabis shops.
In contrast to legalization initiatives for medicinal cannabis or decriminalization strategies for its recreational use, there is general consensus that new psychoactive substances (NPS) are harmful and that this growing problem requires special and intensified attention.
The New Psychoactive Substances Act is a new approach to ban these rapidly emerging substances. The Federal cabinet has passed a new bill on 4th May 2016 that includes trading, placement on the market, manufacturing, importing, exporting, ownership and the administering of NPS. Two groups of substances of NPS are subject to the ban: compounds derived from 2-phenylethylamine (including cathinones) and Cannabimimetic agents / synthetic cannabinoids, thus managing to capture and ban not only individual but analogues and chemical derivatives of scheduled compounds.
Pages: 58  Annex:  -