01.04.2024 Pro Rauchfrei calls on the federal states to improve non-smoker protection on the occasion of cannabis legalisation.
The legalisation of cannabis on 1 April 2024 makes it necessary to revise the non-smoker protection laws of the federal states. As with tobacco, the federal government has only rudimentarily regulated non-smoker protection against cannabis and has largely left this task to the federal states.
Pro Rauchfrei is presenting the governments and parliaments of the federal states with a model bill for the state non-smoker protection laws. Non-smoker protection should be regulated as uniformly as possible throughout Germany, as clear, standardised regulations facilitate compliance and thus also enforceability. Such rules quickly become the generally accepted social norm.
Non-smoker protection must at least fulfil the standards to which Germany has committed itself under international law in the WHO Framework Convention on Tobacco Control (WHO FCTC). According to Article 8, a complete smoking ban must be imposed in all enclosed public places and, where appropriate, in other outdoor public places. Smoking rooms may not be authorised as their design does not provide effective protection. Such a smoking ban must be provided for
Non-smoker protection must at least fulfil the standards to which Germany has committed itself under international law in the WHO Framework Convention on Tobacco Control (WHO FCTC). According to Article 8, a complete smoking ban must be imposed in all enclosed public places and, where appropriate, in other outdoor public places. Smoking rooms may not be authorised as their design does not provide effective protection. Such a smoking ban must be introduced for
- All authorities and other facilities of the federal states and municipalities,
- Health and social institutions,
- Educational and childcare facilities,
- Catering establishments,
- Cultural and leisure facilities,
- Sports facilities,
- Other enclosed public spaces.
Existing exemptions for smoking rooms should be cancelled.
In addition, smoking bans should apply in outdoor public places where people congregate in confined spaces. These places include public transport stops, educational and childcare facilities, restaurants, cultural and leisure facilities including open-air events, sports facilities, pedestrian zones (without time limits) and playgrounds. Scientific studies show that exposure to tobacco smoke can also be hazardous to health outdoors.
The smoking ban should also be extended to a radius of five metres around the entrance areas of restaurants, hospitals, etc. to prevent smoke and aerosols from being drawn from this area into the protected enclosed spaces.
The provisions on the protection of non-smokers should apply equally to tobacco products, e-cigarettes and cannabis. They all pollute the ambient air with harmful substances and particulate matter when smoked or vaporised and can lead to considerable health problems when inhaled passively. Cannabis smoke contains numerous carcinogenic substances and other toxins that are also found in tobacco smoke, including ammonia, arsenic, benzene, cadmium, chromium, formaldehyde, lead, mercury and nickel.
Germany has so far massively violated its obligations under international law to effectively protect non-smokers under the WHO FCTC and as a result only ranks 34th out of 37 European countries on the international Tobacco Control Scale. In view of 127,000 tobacco deaths per year and the now added cannabis legalisation, Germany must finally fulfil its obligation under this agreement to effectively protect non-smokers.
We therefore appeal to the federal states to promptly revise their non-smoker protection laws along the lines of the model bill we have submitted and thus fulfil Germany’s obligations under international law for a minimum level of non-smoker protection.