Germany Embraces Cannabis Legalization – A New Chapter Begins
Germany is on the brink of a historic shift with the impending legalization of cannabis. The long-awaited change is slated for early 2024, with specific dates now confirmed. Here’s the latest update on this pivotal development. Germany Welcomes Cannabis Legalization! Starting April 1, 2024, Germany will open its doors to the recreational use and purchase of cannabis. Currently, it’s against the law to buy, sell, or possess cannabis, also referred to as marijuana, grass, weed, among other names, including cultivation. However, the move towards legalization is rapidly approaching. From April 1, 2024, adults will be allowed to cultivate and possess certain amounts of the substance. Furthermore, July 1, 2024, will mark the introduction of cannabis clubs for collective cultivation.
This article offers comprehensive details about the upcoming legalization, including the 2024 timeline, sales, possession limits, cultivation, and permissible THC content.
Cannabis Legalization: Decriminalization of Possession Up to 25 Grams
The initiative will remove cannabis from the list of controlled substances, where it’s currently classified as an illegal drug, subject to various penalties. Individuals aged 18 and over will soon be allowed to possess up to 25 grams. The limit for personal cultivation will increase from 25 to 50 grams of dried cannabis. Private individuals will have the green light to grow up to three cannabis plants. In cannabis clubs, members can collaboratively cultivate and distribute the drug among themselves. However, edibles and sweets containing cannabis extracts will remain prohibited.
Timeline for Cannabis Legalization in Germany
The German government aims to partially legalize cannabis by early 2024. Until then, the substance remains illegal, although possession of small amounts is already decriminalized in many areas. As of April 1, 2024, adults will be permitted to acquire specific quantities for personal cultivation and possession. From July 1, 2024, cannabis clubs will also be allowed to engage in collective cultivation. Federal Health Minister Karl Lauterbach comments, “Our current prohibition policy has not been successful.”
Consensus Reached on Cannabis Legislation by the Coalition
The coalition has resolved its differences regarding the planned legalization of cannabis. The law is set to be enacted by April 1, as announced by the deputy parliamentary leaders Konstantin Kuhle (FDP), Maria Klein-Schmeink (Greens), and Dagmar Schmidt (SPD) to the German Press Agency on February 1, 2024, in Berlin. The law must first pass through the Bundestag, with Federal Health Minister Karl Lauterbach (SPD) specifying the parliamentary approval week from February 19 to 23. The Federal Council will also need to review the plans.
Guidelines for Cannabis Clubs
Cannabis clubs will be allowed to “collectively” and “non-commercially” cultivate plants, distributing them solely among members, financed through membership fees. Each club can have up to 500 members.
Quantity: Clubs may distribute up to 25 grams of cannabis per day and 50 grams per month to their members.
Age Restrictions and THC Content: Members under 21 years are limited to 30 grams per month with a maximum THC content of ten percent.
Regulations and Personal Cultivation: Cannabis must be distributed in “neutral packaging” with an insert listing details like weight, harvest date, shelf life, strain, and active ingredient content. Club premises and lands must be fenced and secured against burglary. Greenhouses require visual protection.
Youth Protection: Each club must develop a health and youth protection concept and appoint a dependency and prevention officer who must undergo training and regular refresher courses. Smoking cannabis in clubs and their vicinity is prohibited, as is smoking within 100 meters of the entrance to schools, kindergartens, or sports and playgrounds, and in pedestrian zones from 7:00 AM to 8:00 PM.
Other Aspects: Annually, clubs must report to authorities the amount of cannabis produced, distributed, or destroyed in the previous year, including current stock levels and active ingredient content (THC and CBD).
Can Teenagers Purchase Cannabis?
Those under 18 are prohibited from possessing or consuming cannabis. However, if caught with cannabis, minors will not face criminal charges but will be encouraged to participate in intervention and prevention programs if apprehended by police. Trading the substance remains illegal for all age groups, with a lower permissible THC limit for those aged 18 to 21 when purchasing cannabis.
Cannabis and Driving: Pending Clarifications
The issue regarding cannabis and driving is yet to be resolved. The Federal Ministry of Transport is expected to propose a THC limit by the end of March. THC, the active ingredient in cannabis responsible for its psychoactive effects, will have a set limit in the bloodstream, similar to the 0.5‰ alcohol limit, replacing the current absolute ban on driving under the influence of cannabis.
What Remains Prohibited in the Realm of Cannabis?
Planned penalties will be softened, so minor exceedances of possession limits will not immediately trigger full prosecutorial force. Initially, possession over 25 grams was to be considered a criminal offense. Now, amounts between 25 and 30 grams in public spaces and between 50 and 60 grams in private spaces will be viewed as misdemeanors. Only exceeding these limits will criminalize possession, potentially leading to imprisonment.
Will Cannabis Also Be Freely Sold?
Initially, this was part of Federal Health Minister Karl Lauterbach’s (SPD) plan, which has been postponed. Following the example of countries like Canada or certain U.S. states where special stores sell a variety of cannabis products to adults, this was to be tested in Germany through pilot projects. However, a separate law is required for this, which is not yet in place.
