Author: Silvia Oudhoff
Will cannabis really be allowed in Germany on April 1, 2024? Will it be legalized? We have asked ourselves a few questions for you and will look with you at the latest developments as well as the most important regulations in the planned Cannabis Act (CanG).
Although the possession, purchase and sale of cannabis is prohibited by law in Germany, it has been proven that more and more people have consumed cannabis for medicinal purposes in recent years. Smoking to relax is becoming less and less taboo in our society and now the Bundestag has finally passed the Cannabis Act. Will legalization definitely come in April and will everyone over the age of 18 actually be able to consume cannabis legally in Germany from April 1st? Or should we expect a terrible April Fool's joke? We have taken a closer look for you.
The divided opinions on cannabis legalization
If you look at the legalization plans in Germany, you immediately notice that there are definitely many divided opinions . Many conservative politicians, government officials and groups warn of permanent dangers and see cannabis as a gateway drug. Here, cannabis, which has been used as a medicine for thousands of years, is considered a dangerous drug.
A countermovement is emerging from more left-wing parties and many interest groups, including doctors and lawyers, who are clearly in favor of legalization, as it would reduce the burden on the police, ensure new youth protection, decriminalize cannabis, ensure safer consumption and other important advantages.
The German Bundestag held its first deliberations on the draft CanG on October 18, 2023, with a motion from the CDU/CSU and another motion from the AfD to stop the proposed legislation. Both parties have made it clear that they are not positive about legalization.
What has happened so far – short history of legalization projects in Germany
We start with November 6, 2023 and the hearing in the German Bundestag.
For you, we have the link to the complete CanG draft as a PDF , as it came from the Ministry of Health and was discussed here, for you to download and read.
Georg Wurth, known through the German Hemp Association (DHV), as well as other experts, were invited to the hearing to answer questions from MPs about the planned CanG.
There were interesting questions here, for example, about private home cultivation. In the opinion of the DHV, the three permitted plants were not enough, nor was the planned upper limit of 25g that could be stored at home in the draft discussed. We also believe that these figures are not only unrealistic, but they also show a lack of practical expertise. Many people in the cannabis industry know that the flowers weigh significantly more after harvest than after proper drying and storage.
It quickly became clear that an originally planned Bundestag vote in November 2023 was no longer implemented (will no longer be implemented?). Therefore, it became increasingly unlikely that the CanG could really be implemented by April 2023 .
In the meantime, something has changed in the draft of the CanG. The maximum amount allowed in private homes for personal use has now been increased from 25g to 50g. Admittedly, that is double, but unfortunately it is far too little compared to the yield of three permitted plants in full bloom. However, this change is a positive example of the fact that debates and surveys of experts in the Bundestag are useful. It is also better that the limit of 50g now explicitly refers to the dry harvest. For comparison: In Canada, there is no upper limit at all.
It was therefore assumed that with the latest changes to the draft of the Cannabis Act, a vote could take place in December 2023. Unfortunately, there was nothing on the agenda for the entire month of December 2023. In January, too, the CanG simply did not want to appear on the agenda, as there was still a need for discussion within the governing parties for reasons unknown to us. But finally, in February 2024 , the time had come. The CanG was on the agenda for voting in the German Bundestag.
Who can still see through this?
Since it is not always easy to understand exactly how the legalization process in Germany is developing due to the different party voices and representations, we recommend the current information and weekly videos from the DHV .
What does the new draft of the Cannabis Act say?
We have only written down the most important points for you, because we are interested in:
What does the adoption of the current draft cannabis law mean for consumers in Germany?
- The maximum amount of cannabis that can be kept in a private home has been increased from 25g to 50g in a dried state without any further instructions. Possession of 50g - 60g is considered an administrative offence, while possession of more than 60g of cannabis will remain a criminal offence.
- Growing your own cannabis with up to 3 plants will be permitted as soon as the law is passed. Cannabis social clubs will supposedly be allowed to grow cannabis from July 1, 2024.
-
Consumption ban zones have been re-regulated.
According to this regulation, if you consume cannabis in public, you are not allowed to stay within 200 meters of children's and youth facilities or sports facilities, but now within 100 meters. This guideline has also been halved, but unfortunately in densely built-up German inner cities it is still difficult to determine whether you are actually allowed to smoke or not. - If the 25g permitted amount to be carried in public spaces is exceeded up to a total of 30g, then in the latest draft this is only considered an administrative offence, so having more than 30g of cannabis in your pocket is still a criminal offence.
- Fines can no longer be imposed up to 100,000.00 euros, but have been limited to a maximum of 30,000.00 euros.
- Possession of cannabis remains illegal for anyone under 18
What are the new rules for driving?
The topic of driving is always the basis for lively discussions about the CanG. This is not a coincidence. Today, people who consume cannabis irregularly are stigmatized by the current legal situation in Germany. Many interest groups, such as traffic lawyers and forensic doctors, have long advocated significantly raising the current limit for driving with THC, because it is currently far too low. The current limit is 1.0 nanogram (ng) of tetrahydrocannabinol (THC) per ml of blood serum (ng/ml).
This means that in Germany, if you smoke half a joint on a Saturday evening and are pulled over and stopped in traffic on a Monday, you can expect a high fine of at least 500 euros, a driving ban, points on your license and often the loss of your driver's license. This is regulated in Section 24a of the Road Traffic Act and unfortunately nothing is going to change that. Such a traffic check is usually followed by a very expensive medical-psychological examination, better known as the "idiot test". There is an enormous range of courses in Germany that promise to help participants pass the tricky questions and tests of the MPU. You could say that a small market of its own has emerged here.
A proposal for a THC limit in road traffic is not expected from the Federal Ministry of Transport until the end of March 2024. After that, a change in the driving license regulations is to be decided. In short: There is no provision for this in the CanG .
Hybrid Supreme Filters for legalization
It was Time for us to finally have a chance to see the CanG come into force in Germany on April 1, 2024. We are committed to protecting minors, providing targeted information and relieving the burden on authorities and institutions that currently have to criminalize innocent citizens unnecessarily and making conscious consumption with safe products particularly important. These concerns can finally be implemented in Germany with the CanG. Of course, the CanG is far from ideal. There is a lot to be optimized, especially when it comes to maintaining driving licenses and realistic THC limits.
The exceptions for consumers decided in the CanG are an important step, but anything that does not meet this framework should continue to be prosecuted as a criminal offense. However, we also believe that once a law has finally been passed, it can and should continue to be improved.
Finally the green light: Cannabis legalization possible in Germany from April 2024
On the first weekend of February 2024, you can read on various News portals have already reported that the governing parties have now reached an agreement. Burkard Blienert, SPD and Federal Government Commissioner for Addiction and Drug Issues , has once again made it public that the schedule will be adhered to and that the CanG will come into force on April 1, 2024.
This would finally put an end to the patient wait for and on many announced cannabis social clubs, as the first CSCs in Germany are expected to be allowed to start as early as July 1, 2024.
The 8th calendar week of 2024 was probably one of the most exciting in the current battle for legalization for the 420 community in Germany. The Bundestag debated fiercely, there were also lively arguments from within the ranks of the governing parties and even in the Health Committee. The Bundestag finally decided in the vote with 407 votes in favor of the CanG and only 226 votes against. That is a clear majority in favor of legalization and has already caused many people to cheer.
Now it is only a matter of the Federal Council in March 2024 no longer has any objections. The Federal Council has one more opportunity to call the Mediation Committee or really call? If that doesn't happen *knock knock*, then the law will actually pass.
However, if the mediation committee is convened by the Bundesrat, this could lead to months of delays. If the mediation committee is unsuccessful, the Bundesrat can raise an objection. The Bundestag would then have to vote on the CanG again, which would leave everything as good as open again.
We will continue to follow the debate and all developments for you.
For more important information and knowledge about cannabis, please visit our blog .
Even if the legalization of cannabis in Germany will soon become a reality, you should always be careful when handling the plant. With the Hybrid Supreme Filters you can filter out most of the harmful substances from your smoke and experience a better aroma with full taste and full effect. It doesn't matter whether you want to enjoy the benefits with cannabis, CBD or other herbs :)
