“Legalize it!?” – opportunities and challenges for the regulation of cannabis under european law: Is legalisation legal?

• Autores: Daniel-Erasmus Khan, Oliver Landwehr
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 1, 2023 (Ejemplar dedicado a: Artificial intelligence), págs. 89-99
• Idioma: inglés
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• Resumen

  • Following similar developments in other parts of the world (e.g. Uruguay, Canada, United States, Thailand), several countries in the EU are questioning or openly challenging the prohibitionist paradigm that has so far dominated international drug control law. Possibly the most far-reaching approach is contained in the concept paper (Eckpunktepapier) adopted by the German Federal Government in October 2022, which would provide for the comprehensive regulation of cannabis for recreational use from “seed to sale”. While the legality of this approach under public international and EU law has been called into question, this article shows that a responsible regulation of cannabis is not only desirable from a policy perspective but also legally feasible.