| Short Title: | Cannabisgesetz |
| Long Title: | Gesetz zum kontrollierten Umgang mit Cannabis und zur Änderung weiterer Vorschriften[1] |
| Territorial Extent: | Germany |
| Enacted By: | German Bundestag |
| Date Enacted: | 27 March 2024 |
| Date Commenced: | 1 April 2024 |
| Status: | in force |
The German cannabis control bill (German: Cannabisgesetz) is a bill passed by the German Bundestag in February 2024, and the Bundesrat in March, that legalised the adult (18-years-old and over) use of cannabis in Germany, as well as the personal possession and cultivation of limited amounts of cannabis by adults in Germany, beginning on 1 April 2024. Adults in Germany are allowed to possess up to 25 grams of cannabis in public and up to 50 grams of dried cannabis at home. Each individual adult in Germany may also have up to three of their own cannabis plants at home. As part of the bill, adult-only non-profit cannabis social clubs with a maximum of 500 members will become legal in Germany from 1 July 2024.
Entwurf eines Cannabiskontrollgesetzes (CannKG; "Draft of a cannabis control law") was a bill proposed in 2015 that would remove cannabis from the list of scheduled drugs in Betäubungsmittelgesetz, the federal controlled substances law in Germany. The issue was proposed by Alliance 90/The Greens (the German Green Party). It would regulate cannabis in a manner similar to alcohol, with adults 18 years old permitted to buy and possess up to 30 grams in regulated stores.
A new regulatory framework that would legalise cannabis in Germany was brought out with an Eckpunktepapier ("cornerstone paper", or framework paper), introduced on 26 October 2022 by Minister of Health and member of the Bundestag, Karl Lauterbach, who is a physician and epidemiologist trained in the United States and Germany.
The 2022 deregulation proposal was leaked around 19 October 2022.
In March 2023, the health minister, Karl Lauterbach, reported a positive reaction from European Commission on the plan, and intended to bring a bill forward soon.[2]
The finalised bill received approval of the governing parties on 2 February 2024.[3] [4] The Bundestag passed the bill on 23 February 2024, and the Bundesrat approved it on 22 March, with the national legalisation to follow by 1 April.[5] [6] The final bill legislates that adults in Germany (those aged 18 and over) can legally use cannabis, possess and carry up to 25g of cannabis for personal possession in public and have up to 50g of dried cannabis at home.[7] The legislation states that adults have a maximum purchase limit of 25 grams of cannabis a day and a monthly maximum purchase limit of 50 grams of cannabis.[8] Each individual adult in Germany can also have up to three of their own cannabis plants at home.[9] From 1 July 2024, adult residents of Germany will be allowed to join adult-only non-profit cannabis social clubs in Germany, with a maximum membership of 500.[10] These cannabis social clubs will require permits.[11] Consumption of cannabis near schools, kindergartens, public playgrounds, sports facilities and "pedestrian zones in city centers between 7 am and 8 pm" will not be allowed.[12] [7]
Details of a leaked version of a new scaled-back plan were published by German newspaper Die Zeit in late March. The new plan would have experimental controlled legalization in sub-national areas.[13] [14]
The new plan was officially announced on 12 April. Provisions included legal possession of up to 25 grams of cannabis, and home- or club-grown cannabis, but did not allow large-scale commercial production and sale of the plant.[15]
The proposal was accepted by the federal cabinet on 16 August to be submitted to parliament.[16] If it goes through as planned by the health ministry, the law could be in effect as early as the beginning of 2024.[17] It survived a challenges by German states in the Bundesrat in late September, prior to its being taken up by the Bundestag.[18] [19]
A version of the bill agreed to by the German governing coalition, the traffic light coalition, was released on 27 November 2023, with a vote planned soon to allow for legal possession by adults by 1 April 2024.[20] A vote on the bill was considered likely to pass by 1 December.[21] Health Minister Lauterbach said in January 2024 that the bill would be passed by the Bundestag in the week between 19 and 23 February and then go into force beginning on 1 April.[22]
According to a YouGov poll in February 2024, 47% of Germans stated that they either somewhat or completely support the bill, while 42% of respondents said they somewhat or completely oppose the bill.[23]
The issuance of the draft regulations by Ministry of Health was called "decisive step toward legalization" by Politico.
Deutscher Hanfverband criticised a 15% THC limit in the leaked draft.
The bill has been criticised by many in the Social Democratic Party of Germany (SPD) because it does not allow for the control of cannabis via sales from licensed stores, which they state would tackle organised crime and reduce the burden on the police.[24] A 2021 study from the University of Düsseldorf concluded that legal sales of recreational cannabis in Germany could raise over $5.3 billion in additional yearly tax revenue and create 27,000 jobs in the country.[25]
Those from the opposition CDU/CSU said if they form a government after the next German federal election they will completely scrap the bill.[26] The conservative CSU government of Bavaria wanted to see if it could take a legal route to stop the implementation of the bill.[27]
Provisions of the October 2022 framework paper include sales in licensed establishments, and personal possession by adults over 18 years of 20 to 30 grams of cannabis without THC content limit. There may be sales limitations regarding persons under 21 years of age.
The ministry document is intended to have direct effect under Directive (EU) 2015/1535. Germany said it would present the framework paper to the European Union before implementing legislation.