Why is everyone talking about the Bundesrat?
The Bundesrat is one of the five constitutional bodies of the Federal Republic of Germany and represents the interests of the 16 federal states at the federal level. Its members are not elected representatives, but members of the state governments. Its composition reflects the political majority within the states. The Bundesrat plays an important role in the legislative process, especially in laws concerning the states. This direct representation of state interests and its unique operational approach distinguishes it from the Bundestag.
Next Friday, the Bundesrat will vote on the Cannabis Act. Each federal state has one vote in the Bundesrat, weighted by population size. The decision is not made solely by the respective Prime Minister but depends on the collective vote within each state government. If a coalition government is divided, the state abstains from voting. The Cannabis Act is subject to objection, meaning it does not require consent. The distinction between laws that require consent and those that do not is vital, as it determines the extent to which the Bundesrat can block or merely delay a law. In the regular procedure, the Bundesrat can delay the Cannabis Act but not prevent it.
The Internal Structures of the Bundesrat
The Bundesrat has so-called committees. These are tasked with developing recommendations for the procedure in the chamber of states. These recommendations reveal the sentiment towards certain legislative initiatives and suggest possible amendments. The recommendations from committees focused on health policy, domestic policy, and legal matters are particularly relevant for the Cannabis Act. The recommendations can range from full support to significant amendment requests and are usually an important indicator for the Bundesrat’s further proceedings.
If the Bundesrat fails to reach a consensus, the Mediation Committee (in German: Vermittlungsausschuss) is convened upon request. This committee consists of members of the Bundestag and the Bundesrat and is tasked with mediating in case of disagreements between the two chambers. The committee can develop amendment proposals, which must then be voted on again in both chambers. The Mediation Committee is thus an important tool for finding consensus in the legislative process and is meant to enable a swift agreement. The Health Committee (G), the Committee on Internal Affairs (In), and the Legal Committee (R) demand the Bundesrat to convene the Mediation Committee. However, these committee recommendations are not binding.
On the Threshold of Decision
We are at a decisive moment where it’s vital for the industry to be well-prepared, maintain transparency, and strategically target the upcoming significant milestones in Germany’s cannabis reform.
The Cannabis Act not only establishes essential guidelines for non-commercial cultivation but also signifies a turning point in medicinal cannabis management in Germany. It heralds significant ease for medical professionals and patients alike. These advancements indicate that comprehensive cannabis reform is closer than ever – possibly leading to an increase in skeptical media voices anticipating the law’s failure.
Anything else?
Do you have specific questions or suggestions for the Cannabis Briefing? Then send us an email to briefing@cansativa.de. If you are interested in revolutionising the cannabis industry with us, then stay tuned and follow our briefings!
We wish you a good read!
With legalising greetings,

Jakob Sons
Founder & Managing Director Cansativa

Benedikt Sons
Founder & Managing Director Cansativa


Jakob Sons
Founder & Managing Director Cansativa


Benedikt Sons
Founder & Managing Director Cansativa