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Pillar 2: German Cannabis Legalization is Moving Forward Fast

Jun. 08, 2024 by SOMAÍ Pharmaceuticals

As if 2024 didn’t give the global medical cannabis enough with a 252-page report from the United States Department of Health and Human Services (HHS), Germany’s declassification of cannabis as a narcotic and the U.S. movements to reschedule to Schedule III, the German politicians are pushing their cannabis plans forward to Pillar 2

Before everyone gets too excited, there are many questions and uncertainties to wade through. However, one thing is certain: cannabis reforms are sweeping the globe as regulators and politicians have little arguments left and lobbyists have less to block. 

What is Pillar 2 in German Cannabis Regulation?

Little was known about the bill’s contents until May. The best way to visualize Pillar 2 for the global markets is by combining the Switzerland-style pilot project model with U.S.-style dispensaries. Individual German federal states would adopt a five-year adult-use pilot project aimed at increasing cannabis access. 

There seems to be no need for further work as the current CanG law is also expected to regulate Pillar 2, meaning any remaining revisions are a matter of policy. The “Consumer Cannabis Science Responsibility Ordinance” (KCanWV) sets out to regulate cannabis for scientific purposes without medical connection. So, the Federal Institute for Drugs and Medical Devices (BfArM) will not be involved in approving applications. Additionally, the Federal Ministry of Agriculture (BMEL) is set to oversee Pillar 2 regulations and has opened a comment period. 

Questions for Creating a Legalized German Cannabis Market

Uncertainties linger around supply chains and the fate of current players in Germany’s medical cannabis market.

Where Will Germany’s Cannabis Come From?

The biggest question is where the product will come from. Clear European Union and World Health Organization rules exist about the distribution of cannabis as a medicine, but not for adult use. Switzerland and the Netherlands have skirted the issue by keeping the production and consumption cycle within their borders, just like the U.S. state-to-state model. 

Obvious to everyone is the time it will take to develop that infrastructure. But what that means for current distributors, clinics, and pharmacies reliant on imports is not so obvious. A doctor- and prescription-free market would be a far better experience for consumers and patients than current models. So, over time, clinics, doctors and pharmacies specializing in medical cannabis will move to extinction. 

Who Will Win From and What Will Fuel Germany’s Cannabis Industry? 

Another unknown is the commercialization potential in Pillar 2 if the government makes these dispensaries similar to not-for-profit social clubs. In a world of social responsibility, high fuel and high electricity costs, where will all the electricity come from to fuel all the growing operations needed to supply such a large market?

Potential Business Drawbacks of Germany’s Pillar 2

Despite outstanding questions, cannabis entrepreneurs are eager to plan for the future and decide how to best position their businesses. 

Legacy businesses reliant on doctors’ prescription models will struggle to repurpose their existing structures to compete in an open-access market in the long run. Likewise, companies reliant on importing flower to sell in the German market will suffer as social clubs and internally grown products deteriorate the market share of medical-only products and services. 

Extracts may be one of the few remaining areas of importation that will make sense for doctors’ groups. However, doctors’ groups will see fewer patients over time, again dwindling the market share of the prescriptions base. 

A not-for-profit social club cannabis model would greatly limit capital and business opportunities and decrease the medical patient base over time. 

Distributors could repurpose but complex pharma infrastructure and management may not be needed as transport would be partially unregulated.

Finally, the energy needs of a local market would be comparable to fueling a medium-sized German city. If German lawmakers required the cannabis industry to go green, it would be very costly and could result in the highest-costing cannabis in the world.

The Pillar 2 Race is On for German Cannabis Regulators

Politicians and regulators never get things entirely right, but Pillar 2 looks like it is being pushed through quickly. If it is not passed soon, the ruling coalition may not be around to continue the momentum, as elections are imminent and the coalition’s favorability is dubious

Germany Must Center Science, Med Patients and Increased Access

Switzerland experienced launch issues with tightly controlled not-for-profit social clubs and homegrown markets, which isn’t a successful beginning to mimic. This author hopes German politicians create a legal nexus for the importation of medical-grade cannabis flower and products while allowing internal distribution to for-profit dispensaries, resulting in a system that will look more like a U.S. dispensary model and encourage investment. 

High-cost producing states and countries have already seen difficulties as fictitious borderlines have isolated the normal functions of free markets that benefit consumers, like competitive pricing and product availability. Rolling this market into a combined scientific, medical and adult-use model is a dream for international commerce.

International Eyes Watch and Wait for German Cannabis 

Regardless of directions, Germany seems intent on capitalizing on their momentum to enact further change. Old models change, and newer models that promote greater access, affordability and choices are always the best path forward. Hopefully, Germany will get this right since global markets are watching.