Germany's first cannabis legalization bill was announced, which is expected to come into effect by the end of the year, making it the second legalized country in the European Union.

Recently, the Government of Germany published a draft law for the first pillar of the cannabis legalisation process, which will regulate private and public cannabis cultivation for recreational purposes. The law establishes the legal basis for private cultivation and non-profit "cultivation associations", whose members will be allowed to collectively grow cannabis and share a limited amount within the group for their own consumption.

The bill is expected to be submitted to the Union Cabinet for approval in mid-August.

Thereafter, the draft law will be reviewed in the German Bundestag (German Parliament) and the Bundesrat sometime this autumn. However, the final decision on the law rests with the Bundestag and does not require the approval of the Bundesrat.

Germany expects the law to enter into force by the end of this year.

Like Canada, Germany has stated that one of the main goals of ending cannabis prohibition is to improve public health and the health of its citizens, rather than any economic or financial reasons.

Details of the draft law include:

1. Limiting home cultivation to three marijuana plants per adult.

2. Limiting legal cannabis possession to 25 grams per adult.

3. Limiting cannabis intake to 25 grams per day and 50 grams per month for members of cultivation societies.

4. Limit intake to 30 grams per month for persons under 21 years of age, with a 10 per cent THC content limit.

5. A general advertising and sponsorship ban on cannabis and growers' associations.

A second law relating to the regional pilot project, or what Germany calls the second pillar of legalisation, will be introduced. Germany indicated that the second draft law was expected to be harmonised with the European Commission and EU Member States.


In 2017

Germany passed a new law in 2017 allowing the use of medical cannabis. According to this act, cannabis can only be legally used for medical purposes when prescribed by a doctor with a special licence. This law also establishes the maximum permissible content and maximum dosage of cannabis herb and extracts.

Germany has a number of restrictions and conditions regarding the legalisation of cannabis. Personal use and possession of cannabis is illegal in Germany under the Narcotics Act. However, Germany passed a bill in 2017 that allows the use of medical marijuana for patients with serious illnesses.

Under this bill, patients with specific diseases (e.g., cancer, multiple sclerosis, epilepsy, etc.) would be able to obtain medical marijuana through legal means. This requires patients to obtain a doctor's prescription and purchase legal medical cannabis products at a designated dispensary. In addition, Germany has strict regulatory measures for the cultivation, production and sale of medical cannabis to ensure the quality and safety of the product.

However, Germany still maintains strict controls on the recreational use of cannabis. Recreational use of cannabis is still regarded as an offence with the possibility of criminal charges. For small amounts of personal use, however, it is usually regarded as a non-criminal offence and may be subject to administrative penalties, such as fines.

Despite some reforms to the legalisation of medical cannabis, Germany remains conservative on the legalisation of recreational cannabis. At present, personal use and possession of cannabis is still considered an offence and may be punishable by law. However, some regions have taken a more lenient approach to the offence of personal use and possession of cannabis, with cities such as Berlin allowing individuals to possess small amounts of cannabis without prosecution. Overall, Germany's position on the legalisation of cannabis is evolving and being explored.


In 2022

On the 26th of 2022, Germany came out with plans on legalising cannabis, a move that the Scholz government said would make Germany the second EU country after Malta to legalise cannabis.

Germany's federal cabinet approved a proposal by Health Minister Karl Lauterbach to regulate the sale and consumption of cannabis by adults for recreational purposes, Reuters reported. The document proposes to allow adults aged 18 and over to purchase and possess 20 to 30 grams of cannabis for personal consumption and to allow individuals to cultivate cannabis to a limited extent. In addition, the Government would introduce a special excise tax and develop cannabis-related education and abuse prevention programmes.

In Lauterbach's view, legalising cannabis is a way to protect children and young people. "This law will reduce consumption, especially among young people," he tweeted. Lauterbach said about 4 million people consumed cannabis in Germany last year, 25 per cent of whom were between the ages of 18 and 24. But rather than follow the example of neighbouring Netherlands, which combines decriminalisation with loose market regulation, he plans to legalise cannabis and gradually push the black market trade out of the cannabis market.