Cannabis Legalization 1.4.2024 - A New Era for Germany
|
Time to read 9 min
The Federal Council approves cannabis legalization - From April 1, 2024, cannabis will therefore be legal as planned. Germany is thus a pioneer in cannabis legalization in Europe and will become the largest cannabis market in the world from April 1, 2024.
The most important facts:
The possession and consumption of cannabis in limited quantities is decriminalized for adults from April 1, 2024.
Cannabis clubs may cultivate cannabis and dispense it to their members in limited quantities from July 1, 2024.
Every adult may possess and carry up to 25 grams of cannabis.
Every adult may cultivate up to 3 cannabis plants at their own residence for personal consumption and possess a total of up to 50 grams of dried cannabis.
Cannabis seeds may be imported from EU countries. Purchase via online shops and shipping to Germany are permitted.
The acquisition of medical cannabis will also be significantly simplified from April 1, 2024, as cannabis will no longer be subject to the Narcotics Act (BtmG), but will instead be regulated in the Medical Cannabis Act (MedCanG). Thus, doctors can prescribe cannabis for medical purposes on a standard prescription, which significantly simplifies the process for both doctors and patients.
Further official facts about the Cannabis Act can be found on the FAQ page of the Federal Ministry of Health.
The legal situation regarding CBD is also relaxing with the cannabis legalization. Learn more about this in our blog article: Is CBD legal?
_________________________
In the Federal Council meeting on Friday, March 22, 2024, the final official hurdle for cannabis legalization will be cleared. If we look at the legislative process in Germany, we are therefore at point 6:
Initiative: It all starts with either the federal government, the Bundestag, or the Bundesrat saying: "Here is an idea for a new law." They submit a proposal.
First reading in the Bundestag: The Bundestag looks at the proposal for the first time. Here, everyone talks more about the broad outlines – what should the law achieve, do we even need it? After this discussion, they pass the proposal on to special groups, the committees, who deal with the details.
Committee phase: The committees consist of people who are really knowledgeable. They scrutinize the draft law, discuss it, and can also propose changes. They then pass on their assessment.
Second reading in the Bundestag: With the ideas of the committees, it goes back to the Bundestag. Now they look more closely: Is it acceptable as it is, or does something need to be changed? There is a discussion, proposals for amendments can be submitted, and at the end there is a vote.
Third reading in the Bundestag: If major changes were made after the second reading, there is another round. Here, the final version of the law is discussed and then voted on.
Bundesrat: Once the Bundestag is finished, it is the Bundesrat's turn. Here, it is checked whether the law is okay as it is. Depending on the type of law, the Bundesrat can approve it, reject it, or convene a mediation committee to find compromises.
Mediation Committee: If the Bundestag and Bundesrat disagree, this committee tries to bring both sides together and find a compromise. What they work out must then be accepted by both sides again.
Promulgation and announcement: If everyone agrees, the Federal President signs the law, and it is officially announced. This means it comes into force, unless a special start date has been set.
________________________
On April 1, 2024, a new era begins for Germany as cannabis becomes legal. Perhaps you are wondering what exactly that means, what rules will apply, and how this will affect everyday life. The uncertainty is great, especially when it comes to the protection of young people and road safety.
In this article, we have compiled all important information based on the latest legal texts, official statements by Federal Minister of Health Karl Lauterbach, and relevant studies. We want to give you a comprehensive insight, whether you are considering consuming cannabis, are concerned about young people, want to understand the new rules as a driver, or are simply curious about the social changes.
Find out here what the new Cannabis Act contains, what regulations apply to the home cultivation and possession of cannabis, and what role cannabis clubs play. In addition, the regulations for public spaces and road traffic are presented.
Why does Germany want to legalize cannabis?
With the legalization of cannabis, the government primarily intends to effectively combat the black market and thus contribute to curbing organized crime. Federal Minister of Health Karl Lauterbach of the SPD also sees this measure as a way to improve youth protection. He emphasizes that previous strategies have not led to the desired success and that now is the right moment for an innovative approach.
What exactly is the so-called Cannabis Act?
The so-called Cannabis Act refers to the legal regulations and provisions that govern the handling of cannabis within a specific jurisdiction. In the context of the legalization of cannabis in Germany, this law includes amendments to the Narcotics Act (BtMG) and possibly other relevant legal provisions that legalize the cultivation, possession, sale, and consumption of cannabis for adults under certain conditions.
The main goals of the Cannabis Act include:
- Reducing the black market: By creating legal sources of supply for cannabis, illegal trade is to be curbed.
- Improving youth protection: By regulating and monitoring access to cannabis, uncontrolled consumption by minors is to be prevented.
- Quality control: Legalization makes it possible to set standards for the quality and safety of cannabis products.
- Education and prevention: The law provides for the implementation of measures to educate about the risks of cannabis use and to promote responsible handling of the substance.
- Decriminalization of consumers: Persons who consume or possess cannabis should no longer be prosecuted, as long as they operate within the legal framework.
The Cannabis Act in Germany also includes regulations for the cultivation of cannabis by private individuals and the operation of cannabis clubs or associations that are allowed to provide their members with cannabis products under strict conditions.
Personal Use & Home Cultivation - What regulations will apply?
- Amendment of the Narcotics Act: Removal of cannabis from the list of prohibited substances.
- Possession for personal use: Adults may possess up to 25 grams of cannabis.
- Home cultivation: Up to 50 grams of cannabis and a maximum of three female, flowering plants per adult are permitted.
-
Possession limits:
- In public spaces: Penalties for possession of more than 30 grams.
- In private areas: Penalties for possession of more than 60 grams.
- Penalties: Exceeding possession limits can lead to fines of up to 30,000 Euros.
Where will cannabis be available from?
The answer to this question leads us to cannabis clubs, which will serve as non-commercial points of contact. Here, members can acquire cannabis in a safe and regulated environment. The introduction of these clubs is a clever move to guarantee quality and safety, while at the same time keeping consumption transparent and controlled.
What exactly are cannabis clubs?
Cannabis clubs or cannabis associations form a central element of cannabis legalization in Germany and serve as non-profit organizations that provide their members with safe and regulated access to cannabis. These associations are designed to cultivate, harvest, and distribute cannabis exclusively to their members within a legal, responsible framework.
The establishment of these clubs follows the goal of moving cannabis consumption into a controlled context while also providing educational work. Members not only gain access to cannabis but also valuable information about safe consumption and the health aspects of the plant. Through strict regulations regarding dispensing quantities and THC content, both consumer health protection and youth protection are strengthened.
Cannabis clubs thus represent more than just distribution points; they function as educational and information centers that promote a conscious and informed approach to cannabis. This initiative reflects the desire to bring cannabis consumption out of illegality and integrate it into a socially accepted and regulated framework.
What regulations apply to cannabis clubs?
-
Legal sources of supply for cannabis:
- Cannabis is initially to be made available through non-profit cultivation associations and cannabis clubs, similar to models in Spain and Malta.
-
Regulations for dispensing in clubs:
- Daily dispensing amount per person limited to a maximum of 25 grams; no more than 50 grams may be dispensed monthly.
- Per month, members can receive up to seven seeds or five cuttings for home cultivation.
-
Membership conditions:
- Minimum age for members: 18 years.
- Maximum number of members per club: 500.
- For members under 21 years: Restriction to a maximum of 30 grams per month with a THC content of no more than ten percent.
-
Obligations of the clubs:
- Appointment of officers for youth protection, addiction prevention, and prevention.
- Advertising ban for the clubs.
- Maintain a minimum distance of 100 meters from educational institutions and playgrounds.
-
Further provisions:
- Dual memberships in different associations are prohibited.
- Consumption of cannabis directly in the associations is not permitted.
Will public consumption of cannabis be allowed?
With the legalization of cannabis in Germany, precise guidelines for public consumption are being established. Smoking cannabis is strictly prohibited near schools, day-care centers, playgrounds, and sports facilities, maintaining a distance of 100 meters to ensure the protection of children and young people. Furthermore, in pedestrian zones and other heavily frequented public areas, cannabis consumption is prohibited between 7 a.m. and 8 p.m.
What regulations will there be for cannabis consumption in road traffic?
In the course of cannabis legalization in Germany, specific regulations for road traffic will also be introduced to ensure the safety of all road users. A central point is the establishment of a THC limit in the blood, which will be handled similarly to the alcohol limit. This limit is intended to determine up to what concentration of THC in the blood a person is considered fit to drive.
If a driver exceeds this limit, they face similar legal consequences as for driving under the influence of alcohol, including fines, driving bans, and in severe cases, the withdrawal of their driving license. The aim of this measure is to minimize the risk of accidents that could be caused by the influence of cannabis.
What regulations will there be for minors?
- The acquisition, possession, and cultivation of cannabis are prohibited for persons under 18 years of age. Nevertheless, juvenile consumers will not be prosecuted under criminal law.
- Instead, minor users will be offered the opportunity to participate in special intervention and prevention programs.
- Passing on cannabis to minors remains a criminal offense.
- To protect youth, criminal penalties for adults who entice or assist minors in dealing with cannabis will be tightened. Adults over 21 who incite minors to cultivate or purchase cannabis can face up to five years in prison. The commercial transfer of cannabis to minors carries a minimum sentence of two years.
Will there be a cannabis tax?
Yes, as part of cannabis legalization, a special cannabis tax is planned. This tax will be levied in addition to the regular VAT on cannabis products. The aim of this measure is to generate additional revenue for the state, which could be used for prevention programs, education, and health promotion, among other things. The exact amount of the cannabis tax and the details of its application are part of the legislative design of the legalization process.
Is the introduction of commercial cannabis trade planned?
In the course of cannabis legalization, it is planned to test the commercial sale of cannabis in selected areas of Germany in a later phase. This includes the entire process from production to sale in specialized stores. Which cities and municipalities will participate has not yet been determined, but Berlin, Bremen, and Schwerin have already expressed interest. Bavaria, on the other hand, is critical of these plans, as it fears that this could promote drug tourism.
These pilot projects are to be scientifically monitored and limited to a duration of five years. Furthermore, they are only to be available to residents of the participating communities. The federal government aims to carry out this test phase in close cooperation with the European Union to ensure a uniform handling of commercial cannabis trade.
Conclusion - Cannabis Legalization April 1, 2024
The legalization of cannabis on April 1, 2024, is more than just a date on the calendar – it is a symbol of change in Germany. A change that shows how a new approach to cannabis is possible through regulation, education, and prevention. This new chapter will certainly bring its challenges, but it also offers the opportunity to learn from past mistakes and take a responsible path in dealing with cannabis. As a provider of hemp products, we are naturally overjoyed that the German government finally recognizes the potential of cannabis and that hemp products can thus improve people's quality of life without restrictions.