Andrew Cooper
Will Germany’s Legalizing Marijuana Push The DEA
Yet another major country has legalized marijuana – hopefully the DEA is paying attention. Here are some expert’s take on where it stands.
Another major country made the commitment, but will Germany’s legalizing marijuana push the DEA to act? Germany joined Malta and Luxembourg in Europe. Officials shared legalization would undermine criminal trade in the drug, guard against harmful impurities, and free police to pursue more serious crimes. In doing so, they have ignored the UN ban and joins other countries including Canada, Uruguay, and South Africa.
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In the United States, the cannabis is still awaiting on decision from the Drug Enforcement Agency (DEA) regarding rescheduling. After a very slow start to his commitment, President Biden is moving now on his campaign promise and give younger voters another reason to support him. But according to Pew Research Center, an overwhelming 88% of U.S. adults say either that marijuana should be legal for medical and recreational use by adults (59%) or that it should be legal for medical use only (30%). Only one-in-ten (10%) say marijuana use should not be legal. It is a popular decision and is widely used in blue and red states and in legal and illicit states. Key experts have weighed in on whether Germany’s move will push for the DEA to act soon.
“We do not see Germany’s progress having much impact on the DEA. Our thesis is we are witnessing a coordinated democratic effort to advance cannabis reform ahead of the election to mobilize and sway younger voters. We continue to believe it is unlikely that the head of the DEA (a Biden appointee) will go against the HHS recommendation in an election year. So, we remain optimistic that we’ll land on Schedule III, but do not see Germany as a major driver of US reform.” says Jesse Redmond, Managing Partner, Water Tower Research.
Andrew Cooper, partner at Falcon Rappaport & Berkman LLP, one of the top cannabis law firms believes “Consequently, if anything, the fact that Germany legalized adult-use cannabis despite all the hurdles (including not only the Single Convention, but the Schengen Convention of 1985, the EU Framework Decision 2004/757/JHA of 2004, and the Narcotic Drug Act (BtMG), when the U.S. only really needs to address (and likely ignore) the Single Convention, may provide some impetus to the DEA to follow suit”.
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Tom Zuber, Managing Partner of Zuber Lawler whose west coast firm has a robust cannabis division states “It’s exciting to see Germany making history by legalizing cannabis at the recreational level as the largest economy in the European Union. I hope that Germany’s leadership on this front will inspire other countries throughout the world to do the same, including the United States.
Time will tell if will Germany’s legalizing marijuana push the DEA to act.