Cannabis: How and when will legalization come in Germany?

Own use and own production: Which regulations should apply?

• Possession of cannabis will be partially decriminalized, so adults will be allowed to possess up to 25 grams of cannabis for personal use .
• With regard to home cultivation, up to 50 grams and a maximum of three flowering female plants per adult person will be allowed.
• Only possession of 30 grams or more in public spaces and 60 grams or more in private spaces will be punishable . However, if these possession limits are exceeded, huge fines of up to 30,000 euros can be imposed.

"The legalization of marijuana is not a dangerous experiment - prohibition is the experiment and it has failed dramatically, with millions of victims around the world." - Sebastian Marincolo

Production and distribution will initially be made possible through non-profit cultivation organizations or cannabis associations , such as those already permitted in some areas of Spain and Malta.

• These organizations are allowed to provide their members with up to 25 grams of cannabis per day , but no more than 50 grams per month . In addition, they are allowed to provide their members with a maximum of seven seeds or five cuttings per month for their own cultivation.
• Membership is possible from the age of 18 and a maximum of 500 members are permitted per club .
• If members are under 21 years old, they will not receive more than 30 grams per month and the cannabis must not exceed a THC content of ten percent.
• The clubs are obliged to appoint representatives for the protection of young people and addiction prevention and are not allowed to carry out any advertising activities .
• In addition, they must maintain a minimum distance of 200 meters from schools and other facilities for children and young people, as well as playgrounds.
• It is not permitted to be a member of several clubs at the same time.
• The consumption of cannabis is prohibited in the relevant local cultivation associations.

Yes, under the proposed plan, both VAT and a special "cannabis tax" would be levied on cannabis products.

According to the draft law, what rules should apply to those under 18?

The purchase, possession and cultivation of cannabis is still prohibited for minors , but they will not be prosecuted for doing so. Minors who consume cannabis should be offered the opportunity to participate in intervention and prevention programs. Distributing cannabis to people under 18 remains a criminal offense.
To ensure the protection of minors, some penalties are being increased, such as for persons over 21 who incite or assist minors to grow or buy cannabis. They can face a prison sentence of up to five years , and at least two years if they supply cannabis commercially to minors.

Cannabis may not be consumed within 100 meters of schools, daycare centers, playgrounds and public sports facilities . The draft law also stipulates that smoking marijuana is prohibited in pedestrian zones between 7 a.m. and 8 p.m. Otherwise, consumption is permitted in public spaces.

Traffic rules: What is the punishment for driving under the influence of cannabis?

By the end of March 2024, the Federal Ministry of Transport is expected to propose a limit for the active ingredient in cannabis, THC, similar to the current regulation for the 0.5 per mille alcohol limit. So far, it is strictly forbidden to drive a car or motorcycle under the influence of cannabis. Violating this rule can result in a fine of at least 500 euros , a driving ban of several months , two points on the central traffic register in Flensburg and - in the worst case - the withdrawal of the driving license .

Is commercial trade planned?

In the second phase of the planned legalization of cannabis in Germany, sales are to take place in licensed and commercial retail chains in municipalities in various federal states. This is to include the entire chain from production to sale in specialty stores . It is still unclear which regions will be selected as test regions. A number of cities, such as Berlin, Bremen and Schwerin, have already expressed their interest. However, Bavaria is clearly against the plans - there are concerns that drug tourism could arise. The projects are to be scientifically supported and carried out for a limited period of five years and are limited only to the residents of the respective municipality. According to the federal government, this second step of the planned legalization is to take place in consultation with the EU. The date is still pending.

Can old crimes be repealed once the law comes into force?

Yes, legalization in Germany will allow previous punishments for possession or individual cultivation of up to 25 grams of cannabis or a maximum of three plants to be removed from the Federal Central Register upon request. In addition, all related ongoing penalties and investigations will be discontinued.

Why is the government seeking cannabis legalization?

Political decision-makers are striving to minimise unregulated trade and consumption on the black market and thus criminal activities by changing the law. Federal Health Minister Karl Lauterbach also wants to improve the protection of young people - "the previous control measures have failed," said Lauterbach.

Cannabis legalization in Germany: What are the counterarguments?

The justice system, among other things, expressed concerns that the law was "too detailed", which would lead to an additional burden on the judiciary as it could result in a large number of court cases. The police union (GdP) also fears that the federal government's cannabis strategy could represent a significant additional burden. Medical associations for children and young people warn of possible health risks for young people. They believe that their mental health and development opportunities could be threatened by partial legalization. Some critics have also raised the question of whether legalizing cannabis will actually make it possible to curb the problem of drug-related crime and the black market, or prevent the transition to stronger drugs.

From a medical perspective: What concerns exist about legalization?

The partial legalization for people under 25 is seen as problematic by the professional association of pediatricians, as the human brain is not fully developed until around this age. Regular use of cannabis can permanently impair brain development , says association head Thomas Fischbach. The World Drug Report shows a connection between increased cannabis use and an increase in mental disorders, which is attributed to the increasing global legalization of cannabis. Responsible consumption is assumed.

Topic Cannabis: What is behind it?

Cannabis is the Latin name for the hemp plant , which has been used as a raw material since ancient times. Various stimulants can be made from the female specimens of this plant - including marijuana from dried plant parts (usually flowers), hashish and hashish oil, which are obtained from the extracted resin of the female flowers. The psychoactive effect of these substances is due to THC (tetrahydrocannabinol).

What is THC (Tetrahydrocannabinol)?

THC is the euphoric compound in the female cannabis plant . It affects the central nervous system. In low doses, it can produce feelings of euphoria, loss of anxiety, calmness and drowsiness and is often equated with the effects of alcohol. THC also has the ability to relieve nausea and vomiting. The effects are explained by the plant THC interfering with the body's natural cannabis receptors. The human body has a built-in cannabis system (endocannabinoids) that is part of the nervous system and affects many bodily functions.

How is cannabis already being used in medicine?

Since 2017, the use of cannabis for medical purposes has been permitted in justified individual cases. Cannabis medications available on prescription are mainly used to treat pain . The active ingredient content and composition are checked regularly. The existing regulations for medical cannabis are to remain largely unchanged after the new law is passed.

How risky is the consumption of cannabis?

According to experts, long-term use of cannabis is associated with mental, social and physical risks . However, according to the information currently available, it is assumed that it does not cause serious brain damage such as occurs with alcohol. However, various studies indicate a connection between regular cannabis use and psychosis, and the risk increases significantly with highly potent cannabis (THC content over 10%). The theory that cannabis acts as a "gateway drug" has long been hotly debated. However, according to the German Addiction Help (DHS), only a small percentage of cannabis users switch to harder drugs in the long term.

What is valid so far?

Cannabis banned? These are the legal regulations in Europe:

1. When will cannabis be legalized in Germany ?

The legalization of cannabis in Germany is on the horizon, but an exact date has not yet been set. However, initial voices in the federal government and in various federal states say that legalization from the beginning of 2024 is quite realistic.

2. What are the maximum amounts of cannabis allowed after legalization?

According to current discussions, a maximum amount of 50 grams per month could be introduced. Some proposals say that a maximum daily amount of 25 grams of cannabis could be permitted. However, these are only preliminary plans and the final legislation could set other quantity limits.

3. Would the cultivation of cannabis also be legal?

Growing cannabis for personal use could also be permitted with legalization. Proposals to this effect are already cropping up in discussions about legalization. The idea is to allow 3 female plants per person.

4. Can the driving license suspension be reversed ?

A driving license suspension is not automatically reversed just because cannabis has been legalized. Reissuing a driving license usually requires a new test, proof of fitness to drive and possibly a medical-psychological examination (MPU). It is advisable to inquire with the responsible authority in advance.