The medical and recreational cannabis situation in Germany

The revolution which brought Germany to the forefront of cannabis regulation in Europe and how the German experiment is being monitored across the EU



April 1st 2024 marked a historic date for cannabis users in Germany and in the EU: the German Cannabis Act (Cannabisgesetz or CanG) came into effect. A country which had since 1971 criminalized the possession, sale and use of cannabis in all its forms created a legal option allowing for its possession and use.

A small step back. In 2017 the German government did pass a law allowing the use of cannabis for medical uses, but cannabis was still considered a narcotic meaning that doctors had many hoops to jump through in order to be able to prescribe it. With the April 2024 laws, medical cannabis was removed from the strict Betäubungsmittelgesetz (BtMG), the Narcotics Act, and reclassified under the standard Arzneimittelgesetz (AMG), the Medicines Act of prescription-only, but accessible medications like antibiotics, insulin and blood pressure medication. Doctors no longer need to be specialists to prescribe medical cannabis, nor did they need to use the highly regulated, yellow "Narcotic Prescription" (BtM-Rezept) which had to be kept under lock for fear of abuse. Any German-licensed doctor (family doctors, general practitioners, dermatologists…) can prescribe medical cannabis.

adults can legally carry up to 25 grams in public places and store up to 50 grams at home, and consumption is allowed in public places

The 2024 Cannabis Act however did more than simply reclassify cannabis, it created a two-step framework which allows for a gradual introduction of legal cannabis.

In the first step, already active, all adults can legally carry up to 25 grams in public places and store up to 50 grams at home. Consumption is allowed in public places provided that this happens at least 100 meters from schools, playgrounds, and youth facilities, and that it does not take place in pedestrian areas between 7am and 8pm.

All adults are further allowed to cultivate up to three plants, harvest the flowers and consume them. Recreational cannabis associations with a maximum of 500 members per club are allowed to cultivate cannabis and share the harvest among its members, but these are not allowed to consume it on or near the premises. As of time of writing there are less than a thousand such associations in Germany.

What is missing from the current law is a legal way to purchase cannabis beyond the medical need. Cultivation, whether at home or in an association, is the only available option.

So, while possession and consumption are legal, Germany has no legal framework for the retail sale to consumers outside of the specialized pharmacies which are currently the only avenue from which to obtain medical cannabis. This should be within the scope of the second step of the Cannabis Act, but, as of time of writing, there is no expectation as to when it should be implemented, nor are there any pilot projects expected to go live any time soon.

Notwithstanding, as the EU’s largest economy and most populated country, the German experiment is being closely monitored by its European neighbors.

As Germany is part of the 1961 UN Single Convention on Narcotic Drugs, which restricts commercial cannabis, Germany’s decision to legalize possession and consumption, but not the retail sale of cannabis, is both a legal and a social petri dish. On the legal side, EU members are observing how much pushback Germany will receive, while at the same time they are monitoring the impact of legalization on consumption, teen abuse and crime.