The German Parliament passed the law regulating cannabis with THC on 23 February 2024
Germany takes a historic step by passing a law that allows home growing as well as the distribution of cannabis through cannabis clubs for personal use of the plant. The law came into force on 1 April 2024.
This initiative comes from the German coalition government, known as the “traffic light” coalition, made up of the Social Democratic Party, the Free Democratic Party and the Greens, which, after several months of negotiations, reached an agreement to regulate cannabis in the country. Cannabis legalisation was put on this coalition’s political agenda after its victory in the September 2021 elections.
Under the new regulation, possessing and using cannabis containing THC is legal in the country, and the new cannabis associations have been possible since 1 July 2024.
“In the negotiations we have agreed on a paradigm shift in drug policy on psychoactive cannabis, expressly recognising the social reality,” said the health spokespeople of Germany’s Social Democratic Party (SPD), the Greens and the Liberal Party (FDP). The initiative received broad support, with 407 votes in favour, 226 against and four abstentions.
Approval by a majority of the German Parliament, or Bundestag, gives the green light to the law that will remove cannabis with THC from the list of substances banned under the country’s Narcotics Act, and would allow communal growing through cannabis clubs.
How does cannabis legalisation work in Germany?
Cannabis legalisation in Germany is aimed exclusively at personal use, not at retail or over-the-counter sales, as in cannabis dispensaries in the United States or the coffee shops in Amsterdam.
The German government has proposed the creation of cannabis social clubs, which would be non-profit associations with a maximum of 500 members. These members, who must be over 18 and resident in Germany, will be able to buy up to 50 grams a month and a maximum of 25 grams a day. This club model is very similar to the cannabis associations in Spain. In fact, the Germans were advised by Spain’s Confederation of Federations of Cannabis Associations (ConFAC).
Controlled access and home growing
The bill decriminalises possession of up to 50 grams of cannabis and allows home growing of up to three plants per person.
Cannabis clubs and controlled prices
The law will allow citizens over 18 to obtain a maximum of 25 grams of cannabis, with a limit of 50 grams a month, through associations licensed to grow cannabis, known as “cannabis clubs”, which work in a similar way to Spanish cannabis associations.
There will be no over-the-counter sale of cannabis in shops of any kind, headshops or grow shops. Associations licensed to grow cannabis will be responsible for distributing it at close to cost price, guaranteeing its quality. Each association may have a maximum of 500 members (who must be adults and have their home or habitual residence in Germany), and cannabis-related advertising will be banned outside these premises. Only someone whose “reliability has been verified” will be able to run these cannabis clubs, and consumption will be banned inside these premises.
Restrictions on consumption in public places
The law bans cannabis consumption near schools, nurseries and playgrounds, with the restricted zone for consumption extending 100 metres.
Less severe penalties
Penalties for cannabis possession have been eased. Possession of between 25 and 30 grams in public places and between 50 and 60 grams in private places will be treated as an administrative offence. Criminal offences will apply only to possession of amounts above those.
Possible fines for cannabis-related offences are expected to fall from a maximum of €100,000 to a maximum of €30,000, on grounds of proportionality.
Aims of legalisation
Minister Lauterbach has stressed that this measure represents a “long-term shift in German drug policy” and aims to tackle the black market for cannabis in the country, prevent the toxicity of a product handled without any control, and curb young people’s access to other drugs that are more harmful to health.
Raising awareness of the risks
This historic legislative decision will be accompanied by an extensive awareness campaign warning the public about the risks of THC, or tetrahydrocannabinol, the main psychoactive component of cannabis, especially for children and teenagers. According to Lauterbach, young people will be informed about the dangers associated with regular cannabis use, which include brain damage, a higher risk of psychotic episodes and irreversible attention disorders.
Controversy over legalising cannabis for adults
The newly passed law sparked controversy in Germany, as some cannabis user groups believe it sets limits that are too strict, while the opposition Christian Democratic Union (CDU) warned of a “loss of control” as a result of legalisation.
A survey carried out by the online edition of Der Spiegel shed more light on the conflicting views in Germany about Olaf Scholz’s government’s plans to partially legalise cannabis. According to the survey, 45% of Germans were against the legalisation plans, while 40% were in favour and 15% were undecided. The breakdown by age group showed significant differences. Among people aged 18 to 39, almost half supported legalisation, while among those over 65, only a third backed the measure, showing that perceptions of legalisation vary considerably with age.
Despite the criticism, the bill was passed by the German Parliament on 23 February 2024 and came into force on 1 April 2024.
Impact of cannabis legalisation in Germany
The bill, approved in August 2023, was based on an economic study by researchers at Heinrich Heine University Düsseldorf, according to which, it was estimated that the consumption of 400 tonnes of cannabis a year would generate around €4.7 billion in annual revenue for the German state. This revenue would come mainly from taxes on cannabis, but would also include other taxes, social security contributions and jobs linked to the cannabis industry.
Opinions on cannabis legalisation
This decision marks a shift in Germany’s drug policy and adds to a growing list of countries that have decriminalised or legalised recreational cannabis use. In practice, regulating cannabis will mean it is taxed, and that its production, distribution and consumption will be controlled by a state regulatory framework. Another important change is that it will allow progress in the field of medical cannabis.
Some people do not argue for legalisation, but for the decriminalisation of cannabis and the repeal of prohibitionist laws.
There is still some way to go towards normalising consumption and repealing prohibitionist laws, on the understanding that the real problem is not cannabis itself, but the punitive, criminalising approach, and the resulting stigma, adopted by society and the state. We talk about this in our post on cannabis legalisation in Europe.
In any case, the legalisation of cannabis in Germany represents a major shift in drug policy in the country and in Europe, and is expected to have a significant impact on the German economy and society. We’ll be keeping an eye on how things develop!
