Germany legalizes recreational cannabis with one of the most liberal laws in Europe

Buying cannabis or growing it at home for your pleasure will be possible from April 1 in Germany, where parliament definitively voted Friday, after intense debates, one of the most liberal laws in Europe.

This flagship law for the government of Social Democratic Chancellor (SPD) Olaf Scholz was adopted – 407 votes for, 226 votes against -, after having been the subject of numerous criticisms and a heated debate in the Bundestag, the lower house of parliament.

The regulations provide for authorizing the purchase of cannabis in limited quantities of 25 grams per day maximum through non-profit associations.

It will also be possible to cultivate up to three plants for one's own use.

Possession and ownership consumption of this drug will however remain formally prohibited for young people under the age of 18.

– “Legalize hemp!”-

With this new law, Germany follows in the footsteps of Malta and Luxembourg, which legalized recreational cannabis in 2021 and 2023 respectively.

Various hemp products on display at the Berlin Hemp Museum shop as the Bundestag is set to vote on the legalization of cannabis, February 23, 2024 © AFP – John MACDOUGALL

“The situation we currently find ourselves in is in no way acceptable,” Health Minister and doctor Karl Lauterbach (SPD) declared before the vote, referring to a “worrying criminal black market” and defending tooth and nail his text in the face of attacks from the right (CDU) and the far right (AfD).

For CDU MP Simone Borchardt, this law is “a pole stretched to every dealer.”

The Greens have called for “legalizing hemp”, a long-standing demand of certain factions of the party having even appeared in an eponymous German song, popular in the 2000s , which mixed the voice of a figure from the Green Party, Hans-Christian Ströbele, with reggae rhythms.

Staff members of the Berlin Hemp Museum follow the debate in the Bundestag on the legalization of cannabis on a screen, February 23, 2024 © AFP – JOHN MACDOUGALL

This text was the subject of dissension within the tripartite government: resistance appeared among the social democrats (SPD, the chancellor's party), while the Greens and the liberals of the FDP, their partners within the government were rather supportive.

This reform has also given rise to numerous criticisms, particularly from medical associations and the judiciary.

The current law provides for a fine and, in the most serious cases, up to prison sentences, for possession of cannabis.

– “Cannabis-clubs” –

The Germans seem rather divided on the issue: according to a YouGov poll published on Friday, 47% of those questioned are in favor of legalization and 42% against.

Hemp plants of the “Fedora 17” type, low in THC, at the Hemp Museum in Berlin as the Bundestag must vote on the legalization of cannabis, February 23, 2024 © AFP – John MACDOUGALL

The reform should, according to the government, make it possible to fight more effectively against the black market, a point contested by the conservative opposition, the police unions and certain SPD deputies.

Consumption remains prohibited near minors, schools, nurseries and sports facilities.

An exhibition explaining the medical uses of cannabis at the Hemp Museum in Berlin as the Bundestag is due to vote on the legalization of cannabis, February 23, 2024 © AFP – John MACDOUGALL

The cultivation and distribution of cannabis will only be possible from July 1st via associations called “Cannabis Clubs”.

These clubs will be able to sell a maximum of 25 grams per day and no more than 50 grams per month to their members, 500 people at most.

Only adults can become members. Between 18 and 21 years old, they will only be able to obtain 30 grams per month of cannabis with a level of active ingredient THC limited to 10%.

These clubs will also be responsible for distributing cannabis seeds and cuttings to their members for home cultivation, up to a maximum of seven seeds or five cuttings.

German Health Minister Karl Lauterbach during a debate in the Bundestag on the legalization of cannabis, February 23, 202 in Berlin © AFP – Odd ANDERSEN

Recognizing that overconsumption of cannabis could be “dangerous” for young people, whose brains develop up to the age of 25, the Minister of Health announced that an awareness campaign would be launched in place.

Secondly, the sale should be legalized in specialized stores within the framework of a new law which will make it possible to first test this process in certain regions, not yet designated, for five years.

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