Germany Takes Another Step Toward Legalizing Cannabis

2022 will undoubtedly be a year of change for the cannabis market, particularly following Joe Biden’s symbolic gesture in early October, which was especially memorable. He focused on repealing federal regulations on simple cannabis possession. Now it’s Germany’s turn. Recently—specifically on October 26—the Ministry of Health presented the media with the broad outlines of a plan to legalize cannabis. The long battle for the decriminalization of cannabis use is now over. Here’s an update on the current situation.

"Das Gras" is the German term for cannabis. It has undergone several legal changes in recent years. Germany has repeatedly amended its legislation on cannabis use. This decision was made when the country legalized the use of cannabis as a prescription medication for seriously ill patients. This changed with the amendment to the Medicines Act. In particular, it covers the cost of treatment under the patient’s health insurance.

The legalization of medical use was the first step following the abolition of criminal penalties by a 1994 decision. However, this quantity must be limited, as agreed upon by European countries.

Germany has thus decided to legalize cannabis cultivation in 2022. It is now time to draft the legislation, have it approved, and pass it into law. After that, the production and sale of cannabis to adults will begin. However, the first legal sale is not expected to take place until 2024 or later.

Despite the debates that took place a few days ago, the issue remained highly controversial. Last week, a bill was introduced to legalize cannabis. The original bill (published on Wednesday, October 19) limits, among other things, the tetrahydrocannabinol content of products intended for sale to 15%. For 18- to 21-year-olds, the limit is 10 percent.

The decision has been heavily criticized by many political parties. Both supporters and opponents of the reform have taken a stand. Furthermore, the regulation, for example, is not good for consumer freedom. Most cannabis-based products currently on the market contain an average of 20 to 30 percent THC.

This means that legalizing cannabis will not have the desired effect, because controlled regulation will encourage the growth of the black market.

Some cannabis advocates are dissatisfied with the current legalization process in Germany. This is understandable, since the ban on cannabis is a national law that affects German consumers. They also believe that prohibition is ineffective and contrary to public order.

However, it is important to shift our perspective. Germany is certainly not the first country to have developed a domestic cannabis industry for adults. It is, however, the first country to have done so on such a large scale.

Uruguay, Canada, and Malta are the only three countries to have legalized and promoted cannabis use at the national level. Germany has nearly twice the population of the other three countries combined.

Germany's economy is more than twice the size of all the other countries combined. Unlike the three other constitutional states, Germany shares borders with nine other countries. Many of these countries, including France, are still a long way from legalization. This must therefore also be taken into account to prevent cannabis tourism. 

Germany must therefore legalize it, but it must be done properly, and that takes time.

The cannabis legalization bill is the result of the German coalition government’s hard work. The coalition spent months conducting research and negotiating to reach this outcome. At the press conference, Karl Lauterbach, the German Minister of Health, did not give an exact date for the implementation of the directive. However, he stated that 2024 is certainly a realistic date for it to take effect. But for Germany to abolish the ban on cannabis once and for all, it must prove that it complies with international and European law.

If the Commission adopts the plan to legalize cannabis, it could serve as the basis for a broader EU reform. Germany would become the second EU country (after Malta) to legalize cannabis. Luxembourg currently permits the recreational use of cannabis.

In any case, supporters of cannabis legalization across Europe are eagerly awaiting the European Court of Justice’s decision. However, many are optimistic—especially since the European Commission has called on member states to adopt the WHO’s recommendation to remove cannabis from the list of controlled substances.

Of course, it is still illegal to provide recreational marijuana to people under the age of 18. In addition, the permitted THC content for users aged 18 to 21 will be reduced: only products with a THC content of 10% or less may be purchased.

However, young cannabis users can still possess 20 grams without facing any penalties. The new law also makes no distinction between products of different strains or origins. It will therefore be possible to import cannabis from abroad.

What happens to people under 18 who continue to use cannabis? What are the consequences? For now, the fines are very low. They receive only preventive education, and the substance is confiscated. Germany appears to have opted for education rather than punishment. The former criminal justice system for cannabis use and distribution in Germany was ineffective.

France began testing medical cannabis on March 26, 2021, in what was supposed to be a breakthrough in the field of medical cannabis, but several months after the trial ended, the issue is still far from being resolved.

The first positive development is the authorization to cultivate and produce medical marijuana in the country (Decision No. 2022-194 of February 17, 2022).

It is therefore surprising that the POS (point-of-sale system) has now decided to postpone the end of the trial. This is all the more significant given that patient groups have highlighted the lack of communication in this area. It should be noted that this decision was made only after the agricultural organization issued its press release.

Patient groups have also questioned the validity of the rationale for the postponement. This is particularly true with regard to interference by other foreign entities in the market. In particular, such interference should not influence the development of national health policies.

For these reasons, patient advocacy groups have brought the issue of the distribution and free provision of medical marijuana back into the spotlight. They will likely do so after the process is completed, which is scheduled for March 2023.

If recreational cannabis becomes legal in Germany, domestic and foreign consumers will undoubtedly flock to stores, driving unprecedented growth in the global cannabis industry. Germany is expected to introduce it gradually. The principles of ownership, cultivation, and consumption are more important than those of production.

This way, the Germans immediately save money because they no longer have to resort to excessive repression. Individual consumers will finally be able to exercise a freedom that should never have been denied them.

As for France, the pharmaceutical industry remains opposed to the legalization of medical cannabis. But is this a decision motivated by bad faith, or a genuine concern for the health and safety of the public?

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