Am I allowed to smoke weed now or what?

"Spacecakes are cookies that you take and then you space out," explains Professor Georg Jochum in his typically rational and dry manner, in which he first explains the difference between marijuana, hashish and cannabis oil and what is used in a joint, for example, or for the spacecakes just described.

Together with the Friedrich Neumann Foundation, the format "Jochum in Law" was created, in which the professor of the Chair of Public Law, Tax and European Law and Regulatory Law sheds light on the legal side of various topics. Past topics have included "Freedom of expression on the internet" and "Climate protection through regulation". The topics are suggested by students, which Jochum also emphasizes several times during his lecture.

The topic: "Am I allowed to smoke pot now?", is addressed by Jochum in a very rational way that is not unusual for lawyers; the lecture resembles a law lecture with everything that goes with it, including a detailed examination of various laws and paragraphs, but not without a wink. He begins with the basic information and explains: "The term 'smoking pot' describes the consumption of cannabis."

The presentation will focus on the Consumer Cannabis Act, which came into force on April 1, 2024. In addition, Jochum will also shed light on general drug and consumption laws, in particular the relevant provisions at EU level. The possession, trade, import, transit, acquisition and cultivation of cannabis have been prohibited since the beginning of the 20th century. Consumption itself was never directly prohibited, but it is "difficult to consume without possessing", as Jochum puts it.

Strictly speaking, the new law is also not a legalization, but rather a ban with many exceptions. "We are a long way from comprehensive legalization," explains Jochum. The reason for this is the international framework conditions; comprehensive legalization would come up against the limits of European and international law and could therefore only be achieved at EU level. Nevertheless, the new law means that the consumption, possession and cultivation of a defined amount of cannabis is now permitted.

For example, you are now allowed to carry 25 grams of cannabis in public, which Jochum estimates can be used to roll around five joints. However, these joints are likely to be quite substantial, as Mitteldeutscher Rundfunk, for example, speaks of a rule of thumb of around 0.3 g per joint, which would result in around 80 joints from 25 g of cannabis. It remains to be seen what conclusions can be drawn from this calculation about Jochum's cannabis consumption, but it certainly illustrates the distance between the legal lecture and reality.

The difference between cannabis and other intoxicants is partly due to its comparatively harmless effect. This is because the dose does not have to be increased, even after repeated use, in order to get the same high, which means that the risk of addiction is very low. "Nevertheless, there are of course people who consume THC in the same way as other water and this can have consequences," warns Jochum, referring to possible psychoses.

However, he clarifies that cannabis is considered rather harmless compared to the dangers of alcohol: "Alcohol has considerable consequences and actually you can say more considerable than cannabis. Under constitutional law, however, alcohol and cannabis should not be treated equally.