Germany on the Path to Legalizing Cannabis

Germany could soon become the next European country to legalize recreational cannabis. On October 26, the German government announced that it had reached an agreement on the matter, paving the way for potential legalization for adults, subject to approval under European law. This decision follows a public debate on the issue and is part of a global trend toward the liberalization of this drug.

German Health Minister Karl Lauterbach outlined the main points of the proposal, which aims to place the production and sale of cannabis under “public control.” According to him, the proposal specifically allows for the purchase and possession of “a maximum quantity of 20 to 30 grams” for personal use. The German government’s goal is to ensure public health protection and curb organized crime and the black market by regulating “the production, distribution, and sale of recreational cannabis under a system of state-controlled licenses.”
 

However, recreational use of this drug by those under 18 remains strictly prohibited. The German government’s proposal is part of a global trend toward cannabis liberalization, particularly in North America and Latin America. Proponents of legalization argue that it could generate significant tax revenue for the government and reduce the dangers associated with illicit substances. However, opponents fear that it could lead to an increase in consumption and related health problems.

The legalization of recreational cannabis in Germany is not only intended to allow adults to use the substance legally, but also to curb the black market. According to German Health Minister Karl Lauterbach, the current policy of cannabis prohibition is ineffective in the face of rising cannabis use in the country. In fact, some 4 million people in Germany used cannabis last year, a quarter of whom were between the ages of 18 and 24.

Justice Minister Marco Buschmann believes that the prohibitionist policy has "failed," and that the responsible legalization of cannabis can improve consumer health protection and ease the burden on the justice system, allowing it to focus on more important cases.

The document adopted by the German government therefore provides for "public oversight of the cannabis supply chain" in order to ensure public health protection and to curb organized crime and the black market. The production, distribution, and sale of recreational cannabis will be organized under a system of state-controlled licenses.

The sale of cannabis will be strictly regulated; sellers will not be allowed to advertise, and packaging must include warnings about the risks and remain neutral. The goal is to avoid repeating the same mistakes made with alcohol and tobacco, where young people and children are most susceptible to advertising claims.
 

By also allowing each adult to grow up to three cannabis plants for personal use, the legalization of recreational cannabis in Germany aims to provide consumers with a legal and regulated alternative, while curbing criminal activity associated with the black market.

If the proposal to legalize cannabis in Germany succeeds, the country would join the select group of the few nations that have gone so far as to legalize this drug, such as Malta in Europe, or Canada and Uruguay in the Americas. The Netherlands is also a pioneer in this area, having tolerated the possession, use, and sale of five grams of cannabis in “coffee shops” since 1976.
 

However, many states have so far opted to decriminalize cannabis—by eliminating prison sentences for users—or have authorized its use solely for medical purposes. While the legalization of this psychoactive plant is a flagship reform promised by the coalition of Social Democrats, Greens, and Liberals of the FDP when it was formed in December, the conservative opposition remains largely opposed to it.

Bavarian Health Minister Klaus Holetschek thus described the government’s initiative as a “dangerous signal for all of Europe,” expressing concern that legalization would attract cannabis enthusiasts from other European countries to Germany. However, Justice Minister Marco Buschmann believes that a purely repressive policy has failed and that the responsible legalization of cannabis use would lead to higher-quality products and better health protections, as well as relieve the burden on the justice system, allowing it to focus on more important matters.

Finally, the sale of cannabis would be "strictly regulated," with sellers prohibited from advertising and packaging required to provide information on the risks and remain neutral, in order to avoid repeating the same mistakes made with alcohol and tobacco, according to Burkhard Blienert, the government commissioner in charge of drug and addiction issues.

Germany is set to legalize cannabis under a bill proposed by the three-party coalition government led by Chancellor Olaf Scholz. If the bill is passed, Germany could pave the way for other European countries.

About 4 million people in Germany used cannabis in 2021, and a quarter of young people aged 18 to 24 in the country have tried it, according to Member of Parliament Karl Lauterbach, one of the proponents of legalization. The goal of this reform is to strengthen public oversight and reduce drug-related crime.
 

The sale of products containing cannabidiol (CBD)—a non-addictive compound derived from the hemp plant—has been legal in Germany since 2017, provided that the tetrahydrocannabinol (THC) content, the main psychoactive substance in cannabis, is less than 0.2 percent. However, the sale of other cannabis-based products remains prohibited pending legalization.

The legalization of cannabis in Germany could create up to 27,000 jobs and generate an additional 4.7 billion euros per year in tax revenue, social security contributions, and savings from criminal prosecutions, according to a study by Heinrich Heine University in Düsseldorf. Some argue that legalization would also help regulate the market and put an end to the social stigma faced by users.
 

While the three-party coalition supports legalization, the conservative opposition is generally opposed to it, fearing, in particular, that it would attract cannabis users from other European countries.

Last October, the German government introduced a bill to legalize the sale and use of cannabis. However, since Germany is a member of the single market and the Schengen Area, it must comply with European and international law, which makes the process more complex.
 

Nevertheless, according to German Health Minister Karl Lauterbach (SPD), the European Commission has given the bill a "very positive reception," which is a significant step forward. Lauterbach even believes the bill will be presented within a few weeks, which is encouraging for supporters of legalization.

If the bill is passed, every adult will be allowed to carry up to 30 g of cannabis for personal use, and consumers will be able to grow up to 3 plants at home. Licensed stores and pharmacies will be able to sell cannabis. The law is scheduled to take effect in mid-2024.

This potential legalization would be significant for Europe, as so far only Malta has fully legalized marijuana in the EU, while other European countries tolerate it to varying degrees. Legalization in Germany, the continent’s largest economy, could encourage other countries to follow suit.

The legalization of cannabis is a divisive issue among European countries. Currently, Malta is the only country in the EU to have fully legalized personal use of cannabis. Other European countries, such as the Netherlands, Austria, and Portugal, have chosen to decriminalize the possession of small amounts of cannabis.

Luxembourg had attempted to fully decriminalize cannabis in 2018, but ran into issues with European legislation. The Netherlands also tolerates the sale of cannabis in "coffee shops," but street use and the cultivation of cannabis remain illegal.

In Belgium, the laws regarding marijuana are somewhat vague. Possessing or growing cannabis remains an offense punishable by a fine or imprisonment. However, cannabis use is considered a "low priority for prosecution" for adults in possession of up to 3 grams or one plant.
 

The legalization of cannabis in Germany could be a turning point for cannabis legalization in the European Union, as it would allow one of the bloc’s largest countries to pave the way for greater legalization and regulation of cannabis on a continental scale.

With the EU’s approval of Germany’s proposed cannabis legalization bill, this could be the decisive step toward significant progress in legalizing cannabis across Europe. Although Malta is the only EU country to have fully legalized cannabis for personal use so far, other countries such as the Netherlands, Austria, and Portugal have decriminalized the possession of small amounts of cannabis. With Germany on track for legalization, this could encourage other European countries to follow suit. However, the bill is scheduled to take effect in mid-2024, which means that consumers will still have to wait before they can legally purchase cannabis in Germany.

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