As of now, cannabis in Germany is in a transition phase towards legalization. The German government has been discussing and planning to legalize cannabis, with significant steps towards this goal outlined in recent developments. Here are the key points regarding the current status of cannabis in Germany:

1. Decriminalization and Legalization Plans: There’s a two-step plan for cannabis in Germany. Initially, the plan involves not punishing individuals over the age of 21 for possessing up to 25 grams of “recreational cannabis” for personal consumption. This step is part of a broader movement towards the full legalization of cannabis​​.
2. Implementation Timeline: The legalization of cannabis was expected to take effect starting April 1, 2024. This plan includes the allowance for social cannabis clubs to potentially open as early as July 1, 2024. These discussions and timelines indicate a structured approach to legalizing cannabis, with specific dates targeted for various phases of the legalization process​​.
3. Health Minister’s Goals: German Health Minister Karl Lauterbach expressed hopes for the Cannabis Act to be passed by the Bundestag in February 2024 and to come into force in April 2024, despite facing opposition to the legalization. This demonstrates the government’s commitment to pushing forward with the legalization process within a specific timeframe​​.
4. Legislative Delays: Despite the outlined plans and timelines, there have been postponements in the final vote on the cannabis legalization bill. The delays indicate ongoing discussions and considerations within the legislative process, reflecting the complexities of legalizing cannabis in the country​​.

In summary, Germany is on a path towards legalizing cannabis, with specific steps and timelines in place, although facing delays and opposition that have affected the final implementation dates.

History

In Germany, marijuana is classified as a narcotic substance under the Narcotics Act (Betäubungsmittelgesetz), which prohibits the possession, cultivation, production, trade, and consumption of marijuana for recreational purposes. However, there are some exceptions and variations in the enforcement of this law, depending on the amount, context, and location of the offense. For example, possession of minor amounts of marijuana (usually up to 6 grams) is not always prosecuted, especially if it is deemed to be for personal use and not associated with other crimes. The decision to prosecute or not is left to the discretion of the local authorities, which can result in different outcomes across the 16 federal states of Germany. Some states, such as Berlin, Bremen, and Hamburg, are more lenient and tolerant, while others, such as Bavaria, are more strict and conservative.

In 2017, Germany legalized marijuana for medical purposes, allowing patients with a prescription from a doctor to obtain marijuana from licensed pharmacies. The medical marijuana program is regulated by the Federal Institute for Drugs and Medical Devices (Bundesinstitut für Arzneimittel und Medizinprodukte), which oversees the cultivation, distribution, and quality control of the product. The medical marijuana program is intended to provide relief for patients who suffer from serious and chronic conditions, such as chronic pain, spasticity, nausea, and appetite loss. However, the program is also criticized for being too restrictive, expensive, and inaccessible for many patients who could benefit from it.

In 2021, Germany held a federal election that resulted in a three-party coalition government composed of the Social Democratic Party (SPD), the Green Party, and the Free Democratic Party (FDP). One of the key points in their coalition agreement was the intention to legalize marijuana for recreational purposes, following the examples of other countries, such as Canada, Uruguay, and several states in the US. The coalition government argued that legalizing marijuana would reduce the harms of the black market, protect the health and safety of consumers, generate tax revenue, and create new jobs. The coalition government also pledged to launch a youth information campaign to educate and prevent the misuse of marijuana, especially among minors.

In 2023, the coalition government unveiled a draft bill to legalize marijuana, which was approved by the cabinet and sent to the parliament for consideration. The draft bill proposed a two-step plan to legalize marijuana, starting with the decriminalization of possession and cultivation for personal use, followed by the establishment of a regulated market for the sale and purchase of marijuana. The draft bill also outlined the criteria and conditions for the legal use of marijuana, such as the age limit (18 years or older), the possession limit (25 grams or less), the cultivation limit (three plants or less), and the prohibition of consumption in public places, near schools, or while driving. The draft bill also suggested the creation of so-called cultivation associations, or cannabis social clubs, where members could grow and share marijuana among themselves, but not sell it to others. The draft bill also planned to designate certain districts and cities as model regions, where licensed shops could sell marijuana to adults for a period of five years, as part of a scientific study to evaluate the effects and impacts of legalization.

The draft bill to legalize marijuana faced opposition and criticism from various groups and stakeholders, such as conservative lawmakers, some physicians, and law enforcement representatives. They argued that legalizing marijuana would increase the consumption and abuse of the drug, especially among young people, and lead to more health and social problems, such as addiction, mental illness, violence, and crime. They also questioned the effectiveness and feasibility of the draft bill, especially the regulation and control of the cultivation associations and the model regions. They also expressed concerns about the international and European implications of legalizing marijuana, as Germany is a signatory of several treaties and conventions that prohibit the non-medical use of narcotic substances.

The draft bill to legalize marijuana is still under debate and discussion in the parliament, and it is not clear when or if it will be passed into law. The legalization of marijuana in Germany is a complex and controversial issue that involves various legal, medical, social, economic, and political aspects. The outcome of this issue will have significant implications for the future of marijuana policy and practice in Germany and beyond.

Learn more

1en.wikipedia.org2dw.com3se-legal.de4dw.com5kannabia.com

Tags: Germany, Resources