Buying cannabis or growing it at home for your pleasure will be possible from April 1 in Germany: Parliament definitively voted on Friday February 23, after intense debates, one of the most liberal pieces of legislation in Europe. This flagship law for the government of Chancellor Olaf Scholz (Social Democratic Party, SPD) was adopted – 407 votes for, 226 votes against – after having been the subject of numerous criticisms and a heated debate in the Bundestag, the lower house of Parliament.
The regulations provide for authorizing the purchase of cannabis, in limited quantities of 25 grams per day maximum, through non-profit associations. It will also be possible to grow up to three plants for your own use. However, the possession and consumption of this drug will remain strictly prohibited for young people under the age of 18.
With this new law, Germany follows in the footsteps of Malta and Luxembourg, which legalized recreational cannabis in 2021 and 2023 respectively. “The situation we find ourselves in now is by no means acceptable,” said – before the vote – Health Minister and doctor Karl Lauterbach (SPD), speaking of a “worrying criminal black market”. He defended his text tooth and nail in the face of attacks from the Christian Democratic Union (CDU, conservative) and Alternative für Deutschland (AfD, far right). For MP Simone Borchardt (CDU), this law is “a pole held out to every dealer”.
“Legalize hemp! »
The Greens, for their part, called for "legalizing hemp", a long-standing demand of certain factions of the party having even appeared in a German song of the same name, popular in the 2000s, which mixed reggae rhythms with voice of a figure from the Green Party, Hans-Christian Ströbele.
This text was the subject of dissension within the tripartite government: resistance appeared among the social democrats, while the Greens and the liberals of the FDP, their partners within the government, were rather favorable. This reform has also given rise to numerous criticisms, particularly from medical associations and the judiciary. Current law provides for a fine and, in the most serious cases, up to prison sentences, for possession of cannabis.
“Cannabis Clubs” and awareness campaign
The Germans, for their part, seem rather divided on the issue: according to a YouGov poll published Friday, 47% of those questioned are in favor of legalization and 42% are against. The reform should, according to the government, make it possible to fight more effectively against the black market, a point contested by the conservative opposition, the police unions and certain SPD deputies.
Consumption remains prohibited near minors, schools, nurseries and sports facilities. The cultivation and distribution of cannabis will only be possible from July 1 via associations called “cannabis clubs”. These clubs will be able to sell a maximum of 25 grams per day and no more than 50 grams per month to their members, 500 people at most. Only adults can become members. Between 18 and 21 years old, they will only be able to obtain 30 grams per month of cannabis with a level of active ingredient THC limited to 10%.
These clubs will also be responsible for distributing cannabis seeds and cuttings to their members for home cultivation, up to a maximum of seven seeds or five cuttings. Recognizing that overconsumption of cannabis could be “dangerous” for young people, whose brains develop up to the age of 25, the Minister of Health announced that an awareness campaign would be put in place.
Secondly, the sale should be legalized in specialized stores by a new law which will make it possible to first test this process in certain regions, not yet designated, for five years.
