Cannabis in Germany

Last updated

Hanflabyrinth in Berlin, 2009 Hanflabyrinth Berlin 2009 - 17.jpg
Hanflabyrinth in Berlin, 2009

Cannabis in Germany has been legal for recreational usage by adults (aged 18 and over [1] ) in a limited capacity since 1 April 2024. As of February 2024, it has been assessed that 4.5 million Germans use cannabis. [2]

Contents

From 1 April 2024, it is legal for adults in Germany to possess 25 grams or less of cannabis in public, up to 50 grams of dried cannabis in private and have up to three cannabis plants at home. [3] Adult only non-profit cannabis social clubs are due to be legalised in Germany on 1 July 2024. However, legal licensed sales (i.e. sales of cannabis in stores or online and cannabis businesses) will not be permitted, a decision that has received criticism. [4] For foreigners and tourists, it is not possible to legally purchase cannabis. Membership in the clubs is heavily regulated, and residency in the region is a prerequisite. The legalization underwent a complicated three-year process. [5] The biggest issue was EU law, which led to the initiative being divided into several stages. The next step includes plans for commercial sales. [6]

Medical cannabis

Dronabinol was rescheduled in 1994 from annex I to annex II of the Narcotics Law (Betäubungsmittelgesetz) in order to ease research; in 1998 dronabinol was rescheduled from annex II to annex III and since then has been available by prescription. [7] whereas Δ9-THC is still listed in annex I. [8] Manufacturing instructions for dronabinol containing compendial formulations are described in the Neues Rezeptur-Formularium. [9]

Although Δ9-THC is still listed in annex I, [8] in a few cases, patients have been able to obtain from the federal drug authority a special permit to import natural cannabis through a pharmacy. Manufacturing instructions for dronabinol containing compendial formulations are described in the Neues Rezeptur-Formularium. [9]

In February 2008, seven German patients were legally being treated with medicinal cannabis, distributed by prescription in pharmacies. [10]

On 4 May 2016, the Cabinet of Germany approved legislation allowing the use of cannabis for seriously ill patients who have consulted with a doctor and "have no therapeutic alternative". German Health Minister Hermann Gröhe presented the legal draft on the legalisation of medical cannabis to the cabinet which took effect on 10 March 2017. Licenses will be given by "Federal Institute for Drugs and Medical Devices" to companies for growing medical cannabis [11] [12] [13] [14] [15] and import [16] according to strict EU-GMP standards. As of March 2017, the seriously ill can obtain cannabis with a doctor's prescription, paid for by health insurance. [17]

Enforcement

Cannabis legalisation booth in Munich, 2014 Munich - cannabis legalization stall.jpg
Cannabis legalisation booth in Munich, 2014

The German narcotics law (Betäubungsmittelgesetz) states that authorities are not required to prosecute for the possession of a "minor amount" of any narcotic drug meant for personal consumption, except in cases "of public interest", i.e. consumption in public, in front of minors or within a public school or a state prison. [18] The definition of "minor amount" varies, from up to 6 grams (0.21 oz) of cannabis in most states to 15 grams (0.53 oz) in Berlin. [19]

Under German law, the consumption itself of narcotics is not illegal: legally speaking, it is considered as non-punishable self-harm. Legal commentaries recognise that it is possible to consume drugs without having bought them first, in a legal sense. This has the practical effect that a positive drug test does not necessarily mean that one has illegally purchased them. [20]

Hemp Parade

Stencil graffiti in Aachen CannabisPropagandaAachen Tur4930 (cropped).jpg
Stencil graffiti in Aachen

The Hanfparade (English: Hemp Parade) is a hemp legalisation demonstration in Berlin. [21] It has taken place annually since 1997. [22]

Global Marijuana March

Global Marijuana March, Dusseldorf, 2016 Global Marijuana March, Dusseldorf, 2016 - IMG 20160514 161718.jpg
Global Marijuana March, Düsseldorf, 2016

The Global Marijuana March has taken place in Germany since 2000 and has been coordinated since 2011 by the Deutscher Hanfverband (German Hemp Association). [23]

Protests

The protest group "Who Are We Hurting?" led by Alec "Craze" Zammitt & Will Stolk brought their protest efforts to Berlin, Germany in July 2023, one month prior to Germany announcing the legalisation of Cannabis. The group distributed 100s of fake cannabis plant props throughout Berlin, [24] [25] [26] [27] mimicking their prior Australian 420 protest in 2018. [28] [29] [30]

Hemp museum

The Hanfmuseum was established in Berlin in 1994. [31]

Hemp food

Non-psychoactive foods made with hemp seeds (less than 0.2% THC) are very common in German health food shops such as Reformhaus . Since the late 2010s, Hemp foods and drinks have become widely available in all types of stores including supermarkets, [32] and health food shops and drug stores like dm [33] and Rossmann [34] have begun selling various CBD products, sometimes including THC-free cannabis. [35]

Politics

Hanfparade Berlin, 2019 10.08.2019 Hanfparade Berlin (pic 2).jpg
Hanfparade Berlin, 2019

The Greens, The Left, and the Free Democratic Party wanted the government to legalise the regulation of cannabis for private consumption. They said that this would help protect adult consumers from buying cannabis laced with other harmful chemicals. They also said that buying cannabis on the black market stigmatised ordinary citizens, preventing them from seeking help if they need it and increasing the chance that they will buy harder drugs. Cannabis shops would eliminate this risk and prevent minors from buying the drug with the implementation of legal minimum age checks for purchase. [36]

2021 German federal election

In the coalition talks between the SPD, the Greens and the FDP that followed the federal election in 2021, the proposal arose within the framework of a government that was to be formed to release cannabis for legal distribution to adults and to sell it in licensed specialist shops in the future. [37] [38] [39] [40] [41] [42]

After the 2021 German federal election, the resulting coalition announced in their coalition agreement that they planned to legalise cannabis for recreational purposes. [43] A study conducted by the University of Düsseldorf in 2021 reported that legalising cannabis with a regulated market could raise more than €4.7 billion in additional revenue in Germany and create approximately 27,000 jobs. [44]

2022 German cannabis legalisation framework

In January 2022, Federal Minister of Justice Marco Buschmann stated that the ministry was drafting cannabis regulations, but the date of legalisation would be up to the Federal Ministry of Health. [43] A 2022 German cannabis legalisation framework was introduced in October. The German health minister wants to make it legal for adults to purchase and own up to 30g (1 oz) of cannabis for recreational use and to privately grow up to three plants. [45] Additionally, according to the plans, Cannabis Social Clubs with up to 500 members, may cultivate marijuana jointly for recreational use and sell it to members only for personal use. [46] The draft bill was circulated on 28 April. [47] In an interview published on 6 August 2023, Michael P. Seiter, Chief Advisor from the Bundestag, opined, "I currently suspect it will come soon, within the next 5–12 months. Chance – about 90%." [48] According to an agreement, the legalization of cannabis possession and cultivation could take effect on 1 April 2024, with 50 grams of dried cannabis allowed for home cultivation. [49] Some anticipate that this could lead to a tipping point for the entire EU. [50]

2023 efforts towards legalisation

In September 2023 the German Federal Council officially commented on the plans of the German federal government to legalise cannabis for the first time and outlined the draft Cannabis Act (known in German as Cannabisgesetz or “CanG”) The Cannabis act would remove cannabis from the Narcotics Act (known in German as Betäubungsmittelgesetz). [51] In October, Minister Karl Lauterbach promised the act would come into force by December 31, 2023. [52] Other voices from the Bundestag, such as Michael P. Seiter, were more skeptical and predicted that it would take a few months longer, but the law would become a bit more liberal than currently planned. [53] Ultimately, both of these predictions came true. For adults, possession of 25 grams of dried product and private cultivation of a maximum of three plants would be permitted. [54] The act would allow for non-commercial self cultivation of cannabis to be done in cultivation associations. [51]

2024 legalisation

On 23 February 2024, the Bundestag (German parliament) ratified the new Cannabis Act (with 407 members voting for the new law and 226 against it, with four abstentions). [55] [56] On 22 March, the act was passed in the Bundesrat. [57] The German governing coalition (consisting of the Social Democrats, Greens, and Free Democrats), as well as the opposition Left Party, voted in favor of the legislation. [58] The opposition CDU/CSU and Alternative for Germany (AfD) voted against the legislation. [59]

The Cannabis Act partially legalised the possession and cultivation of cannabis for recreational consumption by adults (aged 18 and above) in Germany. [55] [60] Possession of up to 25 grams (0.88 oz) allowed in public and up to 50 grams (1.8 oz) of dried cannabis in private (at home) was made legal. [60] However, those aged from 18 to 21 are restricted under the law to a maximum purchase limit of 30 grams of cannabis. [60] Adults are allowed to have up to three cannabis plants at home. [1] From 1 July 2024, it will be legal for adult residents of Germany to form and join non-profit cannabis social clubs, with each club's membership restricted to a maximum of 500 persons. [61] Members of the club are allowed to purchase up to 50 grams each month. However, consuming on the club premises is prohibited.

Consumption of cannabis within 100 m of certain areas [59] (including schools, kindergartens, public playgrounds, sports facilities and "pedestrian zones in city centers" between 07:00 and 20:00) is prohibited. [61] [3] The Act came into force on 1 April 2024. [62]

It has been questioned to what degree the legislation will affect illicit traffic of cannabis in Germany – as commercial sale of cannabis will remain prohibited, those who do not wish to grow their own plants or join a social club would probably continue to resort to procuring cannabis from illegal dealers. [2]

Related Research Articles

<span class="mw-page-title-main">Legality of cannabis</span> Legal status of cannabis by country

The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and how it can be consumed and what medical conditions it can be used for. These policies in most countries are regulated by three United Nations treaties: the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Since its descheduling in 2020, cannabis is classified as a Schedule I drug under the Single Convention treaty, meaning that signatories can allow medical use but that it is considered to be an addictive drug with a serious risk of abuse.

<span class="mw-page-title-main">Drug liberalization</span> Process of reducing drug prohibition laws

Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.

<span class="mw-page-title-main">Cannabis in Switzerland</span> Use of cannabis in Switzerland

Cannabis in Switzerland is illegal, though minor possession was decriminalised to a fine in 2012. Several cantons began to allow adults to cultivate and use cannabis in 2012, but this was struck down by federal courts. In 2016, four cities stated they were looking into establishing pilot cannabis clubs. The number of cannabis users in Switzerland is estimated to be around 500,000 among a population of 8 million.

<span class="mw-page-title-main">Cannabis in Australia</span> Recreational and medicinal drug use

Cannabis is a plant used in Australia for recreational, medicinal and industrial purposes. In 2019, 36% of Australians over the age of fourteen years had used cannabis in their lifetime and 11.6% had used cannabis in the last 12 months.

<span class="mw-page-title-main">Cannabis political parties</span> Political parties advocating cannabis legalization

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<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

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<span class="mw-page-title-main">Cannabis in Wisconsin</span> Overview of the use and culture of cannabis in Wisconsin, U.S.

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<span class="mw-page-title-main">Cannabis in North Dakota</span> Legality, use and culture of cannabis in the U.S. state of North Dakota

Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.

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<span class="mw-page-title-main">Cannabis in New York</span> Use of cannabis in New York State

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<span class="mw-page-title-main">Cannabis in Japan</span> Use of cannabis in Japan

Cannabis has been cultivated in Japan since the Jōmon period of Japanese prehistory approximately six to ten thousand years ago. As one of the earliest cultivated plants in Japan, cannabis hemp was an important source of plant fiber used to produce clothing, cordage, and items for Shinto rituals, among numerous other uses. Hemp remained ubiquitous for its fabric and as a foodstuff for much of Japanese history, before cotton emerged as the country's primary fiber crop amid industrialization during the Meiji period. Following the conclusion of the Second World War and subsequent occupation of Japan, a prohibition on cannabis possession and production was enacted with the passing of the Cannabis Control Law.

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<span class="mw-page-title-main">Cannabis in Mexico</span> Use of cannabis in Mexico

Cannabis in Mexico is legal for both recreational and medicinal purposes. It became legal for recreational purposes in June 2021, upon application and issuance of a permit from the health secretariat, COFEPRIS. On 29 June 2021, the Supreme Court of Mexico decriminalized the recreational use of cannabis. President Andrés Manuel López Obrador signed a bill that allows adults 18 and over to possess up to 28 grams of cannabis and grow up to six marijuana plants on their property.

<span class="mw-page-title-main">Cannabis in Thailand</span> Use of cannabis in Thailand

In Thailand, cannabis, known by the name Ganja has recently had new laws passed through. Cannabis that has less than 0.2% THC, referred to as industrial hemp in USA, was legalised on 9 June 2022. Medicinal cannabis, with no THC restrictions, was made legal in 2018 but required patients to obtain a prescription from a medical practitioner. Recreational cannabis is still illegal according to Thai law.

The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis.

Cannabis in South Korea is illegal for recreational use. In November 2018, the country's Narcotics Control Act was amended and use of medical cannabis became legal, making South Korea the first country in East Asia to legalize medical cannabis.

Cannabis in Ukraine is legal for medical purposes.

The German cannabis control bill is a bill passed by the German Bundestag in February 2024, and the Bundesrat in March, that legalised the adult use of cannabis in Germany, as well as the personal possession and cultivation of limited amounts of cannabis by adults in Germany, beginning on 1 April 2024. Adults in Germany are allowed to possess up to 25 grams of cannabis in public and up to 50 grams of dried cannabis at home. Each individual adult in Germany may also have up to three of their own cannabis plants at home. As part of the bill, adult-only non-profit cannabis social clubs with a maximum of 500 members will become legal in Germany from 1 July 2024.

The cannabis industry is composed of legal cultivators and producers, consumers, independent industrial standards bodies, ancillary products and services, regulators and researchers concerning cannabis and its industrial derivative, hemp. The cannabis industry has been inhibited by regulatory restrictions for most of recent history, but the legal market has emerged rapidly as more governments legalize medical and adult use. Uruguay became the first country to legalize recreational marijuana through legislation in December, 2013. Canada became the first country to legalize private sales of recreational marijuana with Bill C-45 in 2018.

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