The legalization of cannabis in Germany

The legalization of cannabis in Germany

Jun 01, 2024Gabor Daniel


From the first activist groups to actual draft laws, it took several decades in Germany until the Legalization of cannabis has gained a foothold. To be more precise: 3 decades, because the very first resolution was passed by the Federal Council in 1994. According to this decision, you could carry small amounts of cannabis with you as long as no one was harmed. However, “small quantities” was not defined in more detail here, but was left to the individual federal states, which led to correspondingly diverse interpretations of the law. Nevertheless, this decision represented an important milestone in German drug policy because it significantly defused the criminal law situation. We are now in the year 2024 and have developed significantly further - we provide a brief breakdown of the development and current legal situation regarding the legalization of cannabis here.

Cannabis legalization in Germany: A journey through time

“When will the time finally come?” many people (especially leisure consumers) have been asking themselves in recent years. Now the long wait is finally over, because the new CanG (Cannabis Act) came into force on April 1, 2024, which largely legalizes the possession, consumption and cultivation of cannabis. The Bundestag voted on cannabis legalization on February 23, 2024 and approved the law with 404 votes. But how exactly did this come about?

 

1994

The Federal Constitutional Court decides that small amounts of cannabis for personal use can remain unpunished provided there is no danger to third parties.

1998

Germany allows the use of cannabis-based medications for seriously ill patients.

2011

The Federal Opium Office is beginning to issue exemptions for seriously ill patients to grow and use cannabis themselves.

2017

The new “Law to Amend Narcotics and Other Regulations” is being passed. Germany hereby legalizes the medical use of cannabis nationwide. Since then, doctors have been able to prescribe cannabis flowers and extracts, and health insurance companies even cover the costs under certain conditions.

2018

The legalization of cannabis for recreational purposes is now being increasingly discussed. Political parties such as the Greens and the FDP are introducing corresponding draft laws.

2020

The debate about the legalization of cannabis is gaining momentum. The Greens and the FDP are again calling for legalization, and the SPD is also more open to reform.

2021

After the federal election and the coalition negotiations between the SPD, the Greens and the FDP, the coalition agreement states that controlled distribution of cannabis to adults for recreational purposes should be introduced in licensed shops.

2022

The federal government, in particular the Federal Ministry of Health, is beginning to develop concrete legislative proposals for the legalization of cannabis. Different models and international experiences are taken into account.

2023

The Federal Drug Commissioner and the Ministry of Health are publishing initial details on the planned regulations, which include legal sales, home cultivation and strict controls. The legislative process is initiated!

2024

After final adjustments, the new CanG will come into force on April 1, 2024.

 

Oh yes: Hash is of course a cannabis product and therefore also legalized. Hash or cannabis flowers - what do you like better?

 

Cannabis: decriminalization vs. legalization

Confusion often arises when it comes to the differences between the decriminalization and legalization of cannabis products in Germany. Because that's the same thing... right? No. Although the terms are often used interchangeably, they refer to two different approaches to regulating cannabis:

Decriminalization

The focus here is clearly on the consequences that can arise for private individuals. In particular, this is about possession and consumption, not cultivation or acquisition. If decriminalization takes place, it may mean that criminal prosecution is relaxed. This can be accompanied by additional measures, such as addiction treatment programs, in which drug problems are actively addressed. The aim is to reduce the impact on the individual.

legalization

Here the state is introducing new regulations that treat consumption, possession, cultivation, purchase and sale in a new legal way. The focus here is on regulating public consumption, as is the case with alcohol and tobacco. This makes it more possible to regulate the quality and quantities of products distributed, which can reduce black market activity. So the consequences for consumers are not being addressed here, but we are moving forward and creating a new legal regulation.

Even if both approaches pursue similar or partly the same goals, the approach is different and should not be confused. Next, let's take a look at what fundamentally speaks for or against the legalization of cannabis.

 

Legalization of cannabis: pros and cons

Of course, there are representatives on both sides who devote themselves to the extremes and either demonize or canonize cannabis - the truth, as so often, lies in between and everyone basically has to form their own opinion anyway. Roughly speaking, you can list the following arguments (this is not a complete analysis, so please do your own research again if you are more interested in the topic).

The Benefits of Legalizing Cannabis…

... spread from the economy to crime rates to the relief of the legal system. Due to the easier availability, the individual consumer is no longer forced to purchase weed from street tickers on the black market, which results in several other advantages: firstly, quality assurance. Clear rules for cultivation and sale can be used to ensure that the end product has a minimum quality and has not been stretched. When it comes to cannabis in particular, there have been studies for a long time that show a possible connection between consumption and psychosis. However, the risk of psychosis appears to be eliminated when using medical cannabis - suggesting that it is not the cannabis, but the additives often found in street weed. To clarify: Additives here can mean harmless herbs and spices - or sand, hairspray and synthetic cannabidiols, which have unknown effects on mental and physical health. What should not be ignored is the fact that the legalization of cannabis products eliminates the need for criminal prosecution of consumers. This reduces the burden on the legal system – from the courts to prisons. And: new jobs are being created! So if you've always wanted to work on a cannabis plantation, you can now open one yourself.

The Disadvantages of Legalizing Cannabis…

... are also quickly explained: An important point here are possible health risks. Even if the admixture of dangerous substances is reduced, the potential increase in consumption, particularly among adolescents, can influence overall addictive behavior and promote the development of cognitive impairments (in not yet fully developed brains). It is also feared that the increase in consumption will lead to a relative increase in traffic accidents, as more people may get into their cars under the influence - it is now legal... So there are still challenges facing politicians that are difficult to assess, as new regulations on road traffic and... Protection of minors is necessary. International effects should not be forgotten: legalizing cannabis can, among other things, worsen political relations with countries that have strict anti-drug policies. Of course, this needs to be carefully considered.

 

Important points about the legalization of cannabis in brief

You probably have a few questions about what is now allowed and what is not allowed after weed has been legalized with the new CanG. How much grass can I have with me? How many cannabis plants can you own in Germany? What about cannabis consumption on the road? So that you have everything you need to know at a glance, we have listed the important things here in bullet points:

Table with picture

  • The consumption of cannabis is legal.
  • Possession of cannabis is up to 25g on the go or 50g at home legal.
  • Growing cannabis for personal use is legal – up to 3 plants.
  • The sale of cannabis is not legal.
  • The free distribution of cannabis is not legal.
  • The distribution of 7 cannabis seeds or 5 cuttings from cultivation associations to non-members is legal.
  • Consumption on the road is not legal.

By day Legalization of cannabis With the CanG now set at the federal level, the law also applies equally to each individual federal state. So no matter whether you live in North Rhine-Westphalia, Bavaria or Lower Saxony: cannabis for personal use is regulated uniformly everywhere. Attention also with other countries: The legalization of cannabis in Austria and Switzerland has not yet been completely decided or has even been ruled out in some cases. So before you happily enjoy an after-work joint on the Danube while on vacation, assuming that things are similar to here, it's better to take a quick look up the possible penalties on the Internet.

Before we let you go back to your everyday life, we would like to briefly mention once again that vaping cannabis is an excellent way of consuming cannabis instead of the harmful joint with tobacco. Please take a look at our range vaporizers on – from the stylish stilus-Collection up to Grinders You will find everything you are looking for in our shop. Promised.

 



Learn More