Cannabis referendum in Bavaria Minister of the Interior gives up responsibility

According to the Ministry of the Interior, the Free State of Bavaria lacks the necessary legislative competence to issue a Bavarian hemp law (BHanfG), which is not compatible with federal law. In principle, according to Article 31 of the Basic Law, federal law breaks the law of the Land, according to Wenzel Cerveny. In the view of the Cannabis Association, however, it is not clear which legal character the BtMG has, whether in accordance with the competency or unlawful.

By its very nature, the BtMG is an "enabling act" authorizing the Federal Government or the Federal Ministry of Health to classify substances more or less arbitrarily in Appendices 1 to 3 of the BtMG without the Bundestag as the actual legislator having to agree to this (§1 (§1)). 2) BtmG).

Legislative competence of the Länder
Interestingly, according to Wenzel Cerveny, the entire Narcotics Act does not explicitly set out whether and how substances should ever be removed from one of the plants. In principle, a decree of the Federal Ministry of Health could suffice, which is simply repeated once a year. However, a permanent "classification" of a substance in the annexes of the Narcotics Act requires the approval of the Bundesrat and thus the Cannabis Association assesses the legislative competence of the Bundeländer (Federal Council) more than that of the Bundestag.

Wenzel Cerveny sees the country competence in the previous attitude of the Bavarian state parliament in terms of "cannabis" confirmed. So far, all petitions for legalization (including the petition of the Cannabis Association from 03.02.2014, Az .: VF.0075.17) accepted by the state parliament and duly processed. The state parliament has not dismissed the petitions with reference to "lack of competence".

Hot iron from the table of the Minister of the Interior
Politically evaluated, confirmed for Wenzel Cerveny in the decision of the Ministry of Interior, the hard prohibition line of the CSU state government. "Joachim Herrmann has a hot iron on the table." However, Wenzel Cerveny sees parallels to the referendum to abolish tuition. The Ministry of the Interior had been one hundred percent sure, but had been instructed by the Constitutional Court for the better. The referendum was admitted and successfully carried out, the tuition fees were then abolished.

About the Cannabis Verband Bayern
The Cannabis Verband Bayern (CVB) was founded in the spring of 2014 by Vaclav Wenzel Cerveny (54). The association is the umbrella organization of so far 14 Cannabis Social Clubs (CSC), which have been founded throughout Bavaria, each with at least ten members. The association initiated the nationwide referendum "Ja zu Cannabis" in 2014 and held the first German "CannabisXXL" trade fair from 10 to 12 July 2015.

The aim of the association is not only to show the medical benefits, but above all the versatility of the natural product hemp. This diversity he presents in the association's own organic hemp shop in the Morassistrasse 4, 80469 Munich.

Hemp has always been an important resource for mankind. The plant provides a wide variety of products and has been native to Europe for millennia. Hemp was revered as a sacred plant in many ancient civilizations because of its manifold benefits and its spirit-moving properties. Hemp is three times more productive than cotton and provides more durable natural fibers. Because harmful chemicals are not used during cultivation, harvesting or processing, hemp textiles are toxic to the skin. Hemp seeds were staple food for humans and animals in many parts of the world. In the opinion of the CVB, this plant provides everything that humans need to survive.

Founder Vaclav Cerveny was a freelance restaurateur for 25 years before the non-smoking law brought him into existential need. His brotherhood action with other restaurateurs led to the withdrawal of the concession. As part of his fight for smoker clubs, he also campaigned for the legalization of cannabis. (Pm)