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Cannabis country report Germany – what you need to know now

March 22, 2024 | Category : Cannabis Compliance Country Reports | Posted By : Team Cannavigia

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2024 Cannabis Country Report: Germany on Cannabis Legalization 

Germany is having a groundbreaking shift in its approach to cannabis, leading the way in a journey that could reshape global discussions on cannabis policy. With the historic passage of the Act on the Controlled Use of Cannabis by the Bundestag, Germany is forging a new path, moving from strict prohibition to a model of regulated liberty and oversight. This Cannabis Country Report on Germany goes beyond a simple overview; it invites exploration into the forefront of cannabis legislation, offering insights that could significantly impact the future of cannabis policy worldwide.

This progress will take place without a mediation committee, meaning the law should come into effect on April 1, 2024. Approved by the Bundesrat, the Act on the Controlled Use of Cannabis represents a collaborative effort among Germany’s governing bodies to establish a comprehensive framework for cannabis regulation.

Explore a detailed account that traces Germany’s big transition from the breakthrough in medical cannabis in 2017 to the significant legalization of non-medical use. This report serves as your guide to unraveling the intricacies and innovations of Germany’s cannabis policy, providing a detailed roadmap of the legislative journey, in-depth examination of the key components of the Cannabis Act, and a glimpse into the evolving landscape of cannabis in Germany and beyond.

What’s in it for You? 

A Trailblazer’s Tale: Journey through Germany’s historic move from medical to non-medical cannabis legalization, understanding the motivations, challenges, and milestones. 

Unlocking the Cannabis Act: Delve into the heart of the legislation, discovering the strategic framework for controlled cannabis use, cultivation, and distribution. 

Navigating New Norms: Learn about the regulations shaping recreational use, from home cultivation to consumption guidelines, and what they mean for everyday life. 

Social Clubs Unveiled: Enter the world of cannabis social clubs, a novel concept bringing people together under a regulated, communal cannabis culture. 

Medical Cannabis Redefined: Uncover the distinct and dedicated approach to medical cannabis, ensuring patients’ access remains paramount in this new era. 

TL;DR 

  • Private Cultivation: Adults are allowed to cultivate up to three cannabis plants for personal use, emphasizing personal responsibility and control. 
  • Possession Limits: The legislation defines a possession limit of 25 grams per adult in public spaces and extends this to 50 grams per adult within the confines of private residences. 
  • Cultivation Associations: Established as non-commercial entities, these associations can distribute cannabis in its unprocessed form (marijuana and hashish) to adult members, under stringent quantity restrictions to ensure responsible use. 
  • Distribution Limits: There are clear caps on the quantities of cannabis that can be distributed within these associations, aiming to safeguard against excessive use and ensure a controlled environment for cannabis consumption. 
  • State Regulation of Associations: The number of cultivation associations is subject to regulation by state governments, maintaining a balance between accessibility and control. 
  • Quality and Safety Controls: Mandated licensed cultivation and state-monitored distribution reinforce a strong commitment to consumer safety and product quality. 
  • Restrictions on Advertising and Distribution: The act imposes a ban on cannabis advertising and restricts the co-distribution with alcohol or other stimulants, reflecting an intent to minimize public exposure and appeal. 
  • Prevention and Education Initiatives: Expansion of services by the Federal Center for Health Education and the availability of specialized counselling services demonstrate an investment in public health and informed consumption. 
  • Public Consumption Restrictions: The law specifies no-go areas for cannabis consumption, particularly in proximity to minors and public institutions, underscoring a commitment to public order and safety (100m/ in sight). Additionally, the Federal Non-Smoker Protection Act has been extended to include tobacco heaters, e-cigarettes, and products that are smoked or vaporized in conjunction with cannabis. 
  • Medical cannabis for patients: Medical cannabis can still be prescribed by a doctor. Prescriptions will be easier to handle for physicians, pharmacists and patients due to the the removal from the narcotic list. 

Historical Background and Legislative Framework 

The path to the broad legalization of cannabis in Germany was first paved through the introduction of medical cannabis in 2017. After the federal election in 2021, the coalition of SPD, Die Grüne and FDP agreed to work on introducing recreational cannabis for adult use. In 2022, the first legal concept was published and after revision a second concept was published in April 2023. This groundwork facilitated a progressive shift in policy, leading to the introduction of the Act on the Controlled Use of Cannabis in 2024. Passed by the Bundestag in February 2024 and pending further Bundesrat discussion, this landmark legislation aims to reshape the legal landscape surrounding cannabis use, cultivation, and possession. The controlled distribution of cannabis for non-medical purposes to adults in Germany will undergo evaluation within four years. This evaluation will include an interim report after two years, providing an early assessment, and an initial evaluation 18 months after the legislation takes effect. The evaluation process is expected to continue beyond the initial four years to monitor ongoing effects. 

Recreational Consumer Regulation 

Possession & Consumption 

Under the new legal framework, adults are permitted to possess up to 25 grams of cannabis. However, public consumption faces stringent restrictions to protect minors and maintain public decorum. Consumption is prohibited in the immediate vicinity of individuals under the age of 18, within or near the entrance areas of cultivation associations, in pedestrian zones during the hours of 7 a.m. to 8 p.m., and in or around schools, children’s and youth facilities, playgrounds, and publicly accessible sports facilities, with a general visibility restriction defined as a 100-meter radius around these areas

Home Cultivation and Safety Measures 

Home cultivation guidelines allow each adult to grow up to three cannabis plants for personal use, emphasizing the legal limit to prevent misuse. Should the number of plants exceed three, the surplus must be immediately destroyed. Additionally, an individual is allowed to possess up to 50 grams of dried cannabis at their place of residence for personal use. To safeguard children, adolescents, and third parties, stringent safety precautions are mandated, including the secure storage of cannabis plants and products. Measures to prevent neighborhood disturbance, such as odor control through ventilation or air filters, are also specified

Acquiring Seeds 

Cannabis seeds can be imported from EU member states for private cultivation, with legal acquisition through the internet or distance selling permitted. Cultivation associations can distribute up to seven seeds or five cuttings monthly to non-members for private cultivation, ensuring these are produced through communal cultivation efforts. 

Driving and Cannabis 

The regulation regarding cannabis consumption and driving is undergoing significant updates to ensure road safety. The Federal Ministry for Digital and Transport Affairs is working to establish THC blood limit values through an interdisciplinary team, with the objective of implementing these limits following scientific investigation. The adaptation of driving aptitude regulations will align more closely with those for alcohol, focusing on the distinction between safe consumption and impairment of driving ability. This includes the premise that a driver’s license may be denied or revoked only in cases of proven cannabis dependence or abuse, with specific conditions for re-evaluation of driving fitness post-abstinence or treatment. Furthermore, in the context of medicinal cannabis use, additional regulations ensure that impairment assessments are conducted fairly, considering potential misuse or the impact on driving performance. 

Social Clubs  

Overview of Cultivation Associations (Social Clubs) 

Cultivation associations are formal entities recognized as registered, non-commercial associations or cooperatives. Their primary mission is the joint, non-commercial cultivation and distribution of cannabis and propagation materials (seeds and cuttings) for the personal consumption of their members. These entities must operate under strict compliance with association law, which explicitly excludes other legal forms such as foundations or companies, to maintain the integrity and community-focused nature of these clubs. 

Distribution and Consumption Regulations 

The distribution of cannabis within these associations is confined to its pure form – either as marijuana or hashish – and is strictly for the personal consumption of adult members. This is regulated by specific limits on the quantity of cannabis that can be distributed, alongside prohibitions on cannabis consumption within the premises of the cultivation association and within a 100-meter radius of its entrance area, aiming to control exposure and maintain public order. 

Membership Regulations and Restrictions 

Cultivation associations are subject to several important regulations designed to ensure responsible operation and safeguard against misuse; 

Official Permit Requirement: Associations must obtain an official permit for the collective, non-commercial cultivation and distribution of cannabis, underscoring the rigorous regulatory approach taken to oversee these activities. 

Membership Cap and Residency Requirements: To prevent cross-border drug tourism and ensure a committed membership, associations are limited to 500 members who must be adults (18+) and have been residing in Germany for at least six months. 

Minimum Membership Period: A minimum membership period of three months is mandated to promote stable and long-term participation within the association, reinforcing the non-commercial and personal use ethos of these clubs. 

Proximity Restrictions: Cultivation associations are required to maintain a distance of at least 200 meters from schools, children’s and youth facilities, and playgrounds, prioritizing the safety and well-being of minors in proximity to cannabis cultivation areas. 

Educational Initiatives and Preventative Measures 

A significant focus is placed on education and prevention. The Federal Center for Health Education is tasked with expanding services to provide members with accurate information on cannabis use, risks, and responsible consumption practices. Cultivation associations are also encouraged to facilitate counselling by designated prevention officers, further embedding an ethos of informed and cautious cannabis use within the community. 

This detailed synthesis of social clubs and pilot projects within Germany’s cannabis legalization framework illustrates a multifaceted approach to regulating communal cannabis cultivation and distribution. By implementing stringent regulations, membership requirements, and educational initiatives, the framework aims to balance personal freedom with community responsibility, ensuring that cultivation associations operate within a legal, safe, and socially responsible context. 

Medical Cannabis  

Legal Distinction and Regulatory Framework 

The German legislative approach to cannabis distinctly separates medical cannabis from non-medical (recreational) use. This differentiation is legally upheld by the implementation of a separate Medicinal Cannabis Act, which governs the prescription, distribution, and cultivation of cannabis for medical purposes. The intention behind this separation is to ensure that patients have uninterrupted access to cannabis for therapeutic uses under appropriate medical supervision, while distinctly managing non-medical cannabis consumption within its own regulatory framework. 

Prescription and Safety Measures 

Under the new regulations, the process for prescribing medical cannabis is streamlined to make access easier for patients. The requirement for a special narcotics prescription is eliminated, allowing for medical cannabis to be prescribed through regular prescription processes. This change reflects a broader shift in the perception of medicinal cannabis, treating it as a prescription-only medicinal product rather than a narcotic. Accordingly, the stringent requirements previously applied to narcotics regarding prescribing and safety measures are relaxed, though the obligations for records and notifications by license holders to the Federal Institute for Drugs and Medical Devices, as outlined in Section 16 of the Medicinal Cannabis Act, remain in effect. 

Distribution and Cultivation 

The distribution of medical cannabis requires entities to hold various licenses, similar to those required for pharmaceutical wholesalers, ensuring that the distribution chain adheres to the Good Distribution Practice (GDP) as per §52a AMG. This regulation ensures that the quality and integrity of medical cannabis products are maintained throughout the distribution process

Example of a facility setup (Trichome)

In terms of cultivation, companies interested in growing medicinal cannabis must first obtain authorization from the Federal Institute for Drugs and Medical Devices. Notably, the framework simplifies the cultivation process by eliminating the need for a Europe-wide tendering procedure. Despite this simplification, stringent pharmaceutical quality requirements mandated by pharmaceutical law, along with prescription prerequisites, remain in place. This ensures that medical cannabis products adhere to the highest standards of safety and efficacy. 

Germany’s approach to medical cannabis within its broader cannabis legalization framework demonstrates a thoughtful and patient-centric approach. By establishing a separate Medicinal Cannabis Act, the framework ensures that medical cannabis is treated with the seriousness and specificity it requires, facilitating access for therapeutic purposes while maintaining high standards for quality and safety. The simplification of the prescription process, alongside the specific regulations for distribution and cultivation, reflects a modern, holistic approach to medical cannabis, prioritizing patient needs and public health. 

Conclusion

As Germany enters a new phase of cannabis legalization, the world observes a significant shift unfold—one that balances commercial opportunities with a primary focus on consumer safety. The implementation of the Act on the Controlled Use of Cannabis not only opens doors to economic growth and innovation but also signals a notable move towards promoting safer and more informed cannabis consumption practices. Central to this change is our initiative, “Know Your Product.” 

“Know Your Product” goes beyond mere words; it signifies our unwavering commitment to providing consumers with accurate, transparent information about the cannabis products they use. As the designated government software partner for Swiss pilot projects, our extensive experience and expertise position us to support Germany’s exploration of this new terrain. Our involvement in these initiatives underscores our dedication to fostering a culture of responsible, informed, and secure cannabis use—a vision that aligns seamlessly with Germany’s progressive cannabis policy. 

The path ahead is promising, propelling Germany towards establishing a global benchmark in cannabis policy that prioritizes health, safety, and informed consumption. This report serves as a guiding light for policymakers, industry stakeholders, healthcare professionals, and consumers alike, illuminating the way towards a future where cannabis is not only legalized but also thoroughly understood and conscientiously consumed. As we move forward together, we anticipate shaping a landscape where cannabis integration into society is guided by care, wisdom, and an unwavering commitment to the welfare of all. Join us at this significant moment as we work to ensure a secure, informed, and innovative cannabis ecosystem in Germany. 

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