The German government recently presented its new roadmap for the legalization of recreational cannabis. This reform, which was first unveiled last October, aimed to establish very liberal cannabis legislation. However, the new version of the reform is less ambitious than expected. While it still allows adults to possess small amounts of cannabis, the sale of this psychoactive substance in specialty stores has been postponed. This decision was made due to reservations raised by the European Union. Social Democratic Health Minister Karl Lauterbach was keen to clarify that the initial goals of this reform remain unchanged: to ensure safer consumption, curb the black market, and protect young people. In this article, we will examine in greater detail the reasons that led Germany to revise its expectations regarding cannabis legalization.
Germany's new cannabis reform allows possession of up to 25 grams per person
Berlin could become a model for Europe in terms of regulating recreational cannabis, according to proposals from the German government. The first part of this plan authorizes the creation of nonprofit “cannabis clubs,” whose adult members will be able to grow the plant for personal use under government supervision. Individuals will also be allowed to possess up to 25 g of cannabis for personal use and may grow up to three cannabis plants per adult. This reform has been presented as a first step toward the legalization of cannabis use in Germany, with implementation scheduled to begin as early as this year.
However, this reform represents a departure from the original objectives of the October 2022 roadmap, which called for the sale of cannabis in specialty stores. The German government had to scale back its ambitions regarding cannabis regulation due to the European Union’s cautious stance on the issue. Despite this, the German reform remains one of the most liberal in Europe.
Agriculture Minister Cem Özdemir, of the Green Party, emphasized the importance of regulating cannabis use to ensure consumer safety and combat the black market. He also reiterated that cannabis use will always remain prohibited for minors.
In short, this reform marks a significant step forward for cannabis users in Germany, who will now be able to grow and possess the plant for personal use. However, the sale of cannabis in specialty stores will have to wait. This new legislation is a compromise between the German government’s initial ambitions and European Union restrictions. Cannabis clubs, which will be authorized to grow the plant for their own consumption, will have to comply with certain rules to ensure consumer safety and prevent risks associated with cannabis use.
Berlin could serve as a model for Europe
The second part of the plan aims to test, in certain regions to be determined, the production and sale of cannabis in specialized stores holding state-issued licenses for a period of five years. If successful, the experiment could serve as a model at the European level and lead to changes in European law. This initiative will allow for a scientific examination of the effects of a commercial supply chain on the protection of youth and public health, as well as on the black market.
The legalization of cannabis is one of the ruling coalition's flagship initiatives, aimed at replacing a repressive policy that is considered a failure. The goal is to limit consumption and encourage a more responsible approach to cannabis use.
The European Union's reservations have prompted Germany to revise its legislative plan for recreational marijuana. Originally, the bill called for the sale of marijuana in specialty stores throughout the country, but this proved impossible under European law. Nevertheless, the current proposals could allow Berlin to become a model for Europe in terms of regulating recreational cannabis.
Health Minister Karl Lauterbach explained that this reform will replace a failed repressive policy and encourage a more responsible approach to cannabis use. He also noted that he had held encouraging discussions with certain countries—which he did not name—regarding the implementation of similar regulations. In short, Germany’s cannabis reform could pave the way for changes to cannabis legislation across Europe.
Toward Common Cannabis Regulations in the EU?
The German government is considering legalizing recreational cannabis use for adults in a bill that will be presented to Parliament this fall. According to Agriculture Minister Cem Özdemir, this initiative could pave the way for common drug regulations throughout the European Union.
The German government wants to push for legal relaxation of cannabis regulations at the EU level, including the decriminalization of commercial activities in the longer term. According to Mr. Özdemir, Germany wants to take a politically active role in Brussels alongside countries that share a similar view on Brussels’ previous cannabis policy.
The German government believes that the previous restrictive approach to European cannabis policy has failed to achieve its intended goals. According to advocates for legalization, this would eliminate the black market and provide better protection for children and young people in particular. Karl Lauterbach, a member of the German Social Democratic Party (SPD), emphasized that the use of substances purchased on the black market poses a serious health risk, as they often contain impurities and toxic additives.
However, the legalization of cannabis also raises concerns, particularly regarding how to protect minors and the potential increase in drug tourism in regions conducting pilot programs. Stephan Pilsinger, a member of Germany’s center-right coalition, warned that since the legislation applies only to adults, smokers under the age of 18 will likely continue to buy from dealers in the park.
Ultimately, the legalization of cannabis in Germany could lead to common EU regulations on cannabis. Although legalization is not yet official, this initiative could mark a turning point in European drug policy and help combat the black market. The Ministry of Health, Justice, and Agriculture has not specified a timeline for the plan. However, the creation of “cannabis clubs” is set to be the subject of a bill as early as this April and will need to be approved by lawmakers, according to the French daily Le Figaro. If the bill is approved, cannabis use in Germany could be legalized as early as this year.
This new law has sparked mixed reactions
Germany's new cannabis legislation has received a mixed reception in the country. Some politicians are criticizing the initial proposal, calling it unworkable, while others are denouncing the overly strict THC limits in cannabis clubs, which risk driving consumers to the black market.
Hemp growers may also be disappointed, as the plants will ultimately be grown more in cannabis clubs than in the state-of-the-art greenhouses of Canadian giants Tilray and Aurora, as well as the startup Demecan. According to Les Échos, cannabis consumption in Germany is estimated at 400 metric tons per year, representing a market worth approximately 4 billion euros at 10 euros per gram.
Despite this, the new legislation paves the way for the creation of cannabis clubs where members will be able to grow up to four cannabis plants each for personal use. However, these clubs will have to adhere to strict rules to prevent commercialization and protect young people. Members must also be of legal age, have no criminal record, and not exceed four plants per person.
The goal of this legislation is to replace the current repressive policy and reduce cannabis use. However, some fear that the THC limits are too low and that there will not be enough cannabis clubs to meet the demand.
Ultimately, this new cannabis law in Germany has received mixed reactions, but it still represents a significant step forward for advocates of cannabis legalization in the country.
Unexpected Consequences of the New Regulations
The new cannabis legislation proposed by Karl Lauterbach, although scaled back, is not without risks and side effects, according to *Die Zeit*. Smokers under the age of 18 may turn to dealers in the park, as the law applies only to adults. However, the three-party coalition has promised to take measures to protect minors.
Another risk mentioned is “cannabis tourism,” which could develop in the regions where the pilot programs are being conducted. So far, Mr. Lauterbach has not proposed any measures to address this. Furthermore, the FAZ believes that adopting the Dutch “coffee shop” model could encourage criminal cartels. Professionals in the cannabis industry fear that the lack of a license for commercial sales could fuel the black market, as has happened in California.
The Financial Times notes that EU countries have gradually adopted a more tolerant stance toward soft drugs in recent years, in the hope of combating criminal organizations. Malta became the first EU country to legalize the possession and cultivation of cannabis in 2021. A bill to establish “cannabis clubs” is set to be introduced as early as April and will need to be passed by lawmakers. Agriculture Minister Cem Özdemir emphasized that consumption could be legalized as early as this year.
Despite the risks and potential side effects, the legalization of cannabis remains a controversial issue, and several European countries continue to explore this possibility. The implementation of the new regulations will be a major test for Germany and could have an impact on European drug policy.
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