Germany has been steadily climbing toward recreational cannabis legalization for years now, though it seems that the European country is finally pressing forward to the next stages of the journey.
The German government has published its first draft law surrounding recreational cannabis legalization and submitted it to state officials and the public for review. The federal Cabinet is expected to review the bill for approval in mid-August, and from there, the draft law will be reviewed by the German Bundestag (parliament) and the Bundesrat this fall.
The Bundestag is responsible for the final decision, so ultimately approval from the Bundesrat is not required for the law to pass.
The new proposal would allow adults over the age of 18 to grow up to three cannabis plants for personal use. People would not be allowed to extract oils or create concentrates from cannabis. Personal possession limits would cap out at 25 grams, except for those who work at cannabis social clubs.
The bill also lays a legal foundation for private cultivation in the form of nonprofit cultivation associations. Members would be allowed to grow cannabis as a collective to share among fellow group members for personal consumption. According to the legislation, cultivation associations would have to limit supply to no more than 25 grams of cannabis per member each day, or a maximum of 50 grams of cannabis per month for personal consumption.
Cultivation associations would need to be at least 200 meters away from schools, and the legislation deems that federal states would be allowed to limit the number of cultivation associations to one per 6,000 residents within a city or district.
Permits for cultivation associations would be valid for seven years and could receive an extension up to five years. According to the bill, club memberships must last at least two months.
People up to the age of 21 would also be limited to a maximum of 30 grams per month, with a limited THC percentage of 10%. The bill would also implement a general advertising and sponsorship ban for cannabis and growers associations.
This legislation is considered the “first pillar” of Germany’s cannabis legalization program, with a second law expected next focusing on regional pilot projects. The second draft law is expected to involve collaboration with the European Commission and European Union-member states.
“Current developments show that the consumption of cannabis is increasing, especially among young people, despite the existing prohibition regulations,” according to a summary of the new draft bill. “The law aims to contribute to improved health protection, strengthen cannabis-related education and prevention, curb the illegal market for cannabis and strengthen child and youth protection. To protect consumers, the quality of consumer cannabis should be controlled and the transfer of contaminated substances should be prevented.”
A bill summary also outlines estimated costs for implementing and regulating the program, along with expected savings from reduced law enforcement and increased revenue, through wage taxes from cannabis club workers.
Health Minister Karl Lauterbach said that the protection of children and young people is central to the country’s legal cannabis program, adding that Germany aims to “dry up the black market and fight crime by making it possible to sell cannabis to adults within clear limits,” according to a translation.
The new draft law reflects recent changes in the German legalization plan, first reported back in April after country leaders met with the EU. The changes were widely reported as a “watering down” of the previous plans announced in October 2022.
Germany legalized cannabis for medical use in 2017. Should the German parliament approve the new draft law, the bill could be implemented by mid-2024. Once Germany’s recreational cannabis market officially goes online, it will become the world’s largest regulated national cannabis market.
