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Cannabis and licensing requirements

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More extensive government regulation will be required upon the approval of cannabis for recreational use. How such control could be legally structured can be seen - albeit only in outline - in the bill for a Cannabis Control Act. Although the bill was rejected by the Bundestag in 2018, it nevertheless offers initial indications of how the statutory regulations might look like. The bill required a licence for the cultivation, transportation, processing, import, export as well as the purchase and sale of cannabis. This licence should only be granted if the applicant met all the necessary requirements. For example, where the applicant has been convicted of crimes under the Narcotic Drugs Act (BtMG), the application must be rejected. The bill also included specific provisions for points of sale in addition to the individual licensing situations. For example, cannabis stores should not be physically located near schools or kindergartens, and minors should not be allowed to enter.

What is striking about the bill are the requirements, some of which are quite low, that are to be imposed on individuals and points of sale. Whether these requirements will be sufficient in order to ensure a "controlled distribution of cannabis" in "licensed stores" is questionable.

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