The last meeting of the Bundestag turned out to be a historic day for cannabis consumers in Germany. Indeed, the federal government has adopted a bill on the recreational use of cannabis. This makes cannabis legal in a third European country. It did not happen without effort. There was a period of intense discussions and lengthy political negotiations and deliberations beforehand. In this blog, we analyze what this legalization of cannabis in Germany will look like and what it means for German consumers and growers.
In this blog:
- Cannabis Legalization in Germany & Europe
- How much cannabis can you have in Germany?
- Is it allowed to grow cannabis in Germany?
- Will there be coffee shops in Germany?
- Where is it allowed to smoke cannabis in Germany?
- No advertising for German Cannabis
- Quick overview of legalization in Europe on April 1, 2024
- Frequently asked questions about cannabis legalization in Germany
- Sources
Cannabis Legalization in Germany & Europe
So, first off, good news! The Bundestag made a decision, 407 deputies ultimately voted in favor, 226 against, and 4 members abstained. The law will allow adults to use and possess recreational cannabis in the future. Cultivation and purchase of cannabis in the designated places will also be legal. In the official legalization of cannabis in Europe, only Malta and Luxembourg preceded Germany. But comparing legalization in different countries is like comparing apples to oranges. Of these two, Malta is the only one that applied a similar form of legalization, allowing the sale of cannabis in non-profit social clubs. In Luxembourg, the sale remains prohibited.
And what about the Netherlands? Isn't cannabis legal in the home country of Dutch-Headshop? No. Cannabis use there is tolerated. This means, in short, that small-scale consumption is often overlooked by the police and justice. However, you can be fined for drug use if you misbehave. And cultivation is also not legal in the Netherlands. But since growing cannabis on a small scale (1-5 plants) often bothers no one, that is also tolerated.
When drafting the new legislation, the Netherlands was often cited as an example of what not to do, ouch! painful. But maybe that's justified given the ambiguity here. One of the important points for German politicians is strict regulation regarding the strength and purity of cannabis and hashish on the market. It's not so strange considering the constantly increasing THC percentages and the recent synthetic cannabis products appearing on the market.
How much weed can you have in Germany?
After the official entry into force of the law, adults, aged 18 and over, will be able to possess up to 50 grams of cannabis for personal use. This limit applies to possession for private use; at home, therefore. In public spaces, that is, everywhere outside the home, it is limited to a maximum of 25 grams.
Is it allowed to grow cannabis in Germany?
Jawohl Freunde, it is allowed! As part of this legalization, it is free to grow cannabis at home grow cannabis. Note, it's a maximum of 3 female cannabis plants per person. Not per household. It is also important that the allowed amount of cannabis a person can possess remains 50 grams. The average yield of a small autoflowering quickly exceeds 50 grams. The exact way this will be taken into account in practice has not yet been explained.
Will there be coffeeshops in Germany?
No, there will be no coffee shops or cannabis lounges in Germany. Instead, non-profit cannabis clubs will be established. These clubs will be the only legal point of sale for cannabis. Several rules will apply:
- To legally buy cannabis at these clubs, you must be a member.
- Only people aged 18 and over and of German nationality can become members.
- Members aged 18 to 21 can buy a maximum of 30 grams of cannabis per month.
- Members aged 21 and over can buy 25 grams per day and a maximum of 50 grams per month.
- Each club will have a limit of a maximum of 500 members.
- It is forbidden to consume cannabis within a radius of 100 meters around the cannabis clubs.
Where is it allowed to smoke weed in Germany?
In the early drafts of the law, certain areas would receive a ban on smoking cannabis within a distance of up to 200 meters. This has since been reduced to 100 meters. Cannabis-free zones notably include the new cannabis clubs, schools, facilities for children and youth, playgrounds, and public sports facilities. Are you ready to make smoke rings?
No advertising for German Cannabis
To protect primarily children, teenagers, and young adults, advertising and sponsorship for cannabis-related products will not be allowed. Moreover, the products will have a neutral packaging with only information such as THC and CBD percentages. Plans are also underway to intensify prevention and education campaigns by the Federal Center for Health Education. This is carried out by the government institution BZgA, which focuses mainly on the risks and effects of cannabis consumption. After four years, the social impact will be assessed and possibly modified. Users of medical cannabis will still need to obtain a medical prescription.
Quick overview of legalization in Europe on April 1, 2024
. |
Germany |
Malta |
Luxembourg |
Netherlands |
Legalization date |
April 1, 2024 |
December 1, 2021 |
July 21, 2023 (step 1) |
None. Tolerance policy within the Opium Act. |
Minimum age |
18 years with additional restrictions. 21 with the following restrictions: |
18 years |
18 years |
18 years |
Home cannabis cultivation |
yes, 3 plants (per person, not per household) |
yes, 4 plants per household provided they are hidden |
yes, 4 plants per household provided they are hidden |
Up to 5 plants no prosecution. However, plants can be removed by the police. |
Possession at home |
50 grams |
50 grams |
Not mentioned. |
|
Possession outside the home |
25 grams |
7 grams |
3 grams |
5 grams tolerated, can be seized without prosecution. |
Where to buy? |
Cannabis clubs |
Cannabis clubs |
Nowhere yet. To be determined later. |
Coffeeshops, dispensaries. |
How much to buy? |
25 grams per day, 50 grams per month |
7 grams per day, 50 grams per month |
- |
5 grams per day |
Form |
Weed and hash |
Weed only (flower) |
Not mentioned. |
Weed , hash, pre-rolled, moonrocks… too many to list. |
Maximum THC percentage |
10% |
Not mentioned. |
Not mentioned. |
Not mentioned. |
Where to use? |
Public between 8:00 PM and 7:00 AM, provided not within a radius of 100 meters from schools, sports clubs, and cannabis clubs. |
At home. Public consumption remains illegal. |
At home. Public consumption remains illegal. |
At home. Public consumption is often tolerated. |
Frequently asked questions about cannabis legalization in Germany
-
Where does German cannabis come from? Germany plans to create its own new flourishing agricultural sector to avoid the importation of foreign cannabis.
-
What about the commercial sale of cannabis in Germany? The first phase of legalization focuses on cannabis clubs, possession, and cultivation of cannabis. In the second phase, the possibilities regarding commercial sale will be examined. Yes, you can buy cannabis seeds to then grow them yourself.
-
What percentage of THC will the weed of the social cannabis clubs contain? The hash and cannabis of the cannabis clubs will probably initially contain about 10% THC.
Sources
- https://www.bundestag.de/dokumente/textarchiv/2024/kw08-de-cannabis-990684
- https://www.dw.com/en/germanys-bundestag-votes-for-cannabis-legalization/live-68348345
- https://cannabis-information.lu
- https://www.rijksoverheid.nl/onderwerpen/drugs/gedoogbeleid-softdrugs-en-coffeeshops
- https://legislation.mt/eli/act/2021/66/eng