Germany Set To Legalize Adult-Use Cannabis

• Published date: 21 March 2024
• Law Firm: Goodwin Procter LLP
• Author: Mr Brett Schuman, Jennifer Fisher, Adam J. Horowitz and Nadine Gommel

On February 23, 2024, the German Bundestag passed the Cannabisgesetz, or Cannabis Control Bill, making it the third member of the EU to legalize adult-use cannabis. Once in effect, this law will legalize adult-use cannabis for those 18 years of age and older, and will allow personal possession and home-grow. The law is set to go into effect April 1, 2024, although the Bundesrat could potentially delay its implementation. However, the Bundesrat's consent is not required for the Cannabisgesetz to go into law, so any delays by the Bundesrat would be only temporary.

While Germany will immediately become the largest European country by population and economy to legalize adult-use cannabis, its implementation will be more similar to Malta than U.S. states that have legalized cannabis in that consumers will only be able to purchase cannabis by joining private clubs. This presents less economic opportunities in the immediate future, but still warrants attention in the industry.

Key highlights of the Cannabisgesetz include:

• Removal of cannabis from the Bet'ubungsmittelgesetzes (BtMG), or German Narcotics Act;
• Permitting personal possession of 25 grams of cannabis in public and 50 grams at home for adults 18-years-old and older;
• Home grow of up to three plants per adult;
• Creation of Anbauvereinigungen, or non-profit cannabis social clubs, for the cultivation, manufacturing, and purchasing of adult-use cannabis;
• No commercial adult-use cultivation, manufacturing, or retail sales.

Adult-Use Possession

The Cannabisgesetz will allow adults 18 years of age and older to possess 25 grams of dried cannabis flower in public, or 50 grams of dried cannabis flower at home. Purchase of cannabis is limited to 25 grams of dried cannabis flower per day and 50 grams of dried cannabis flower per month per eligible adult over the age of 21. Adults 18 to 21 are permitted to purchase only 30 grams of dried cannabis flower per month with a THC content of 10% or less.

This immediately makes Germany the leader in cannabis possession thresholds in Europe, as other countries that have decriminalized or legalized possession have thresholds only in the single digits. However, while Germany has relatively-high caps on the quantity of cannabis one can possess, Germans will have very few options for obtaining cannabis outside of home cultivation of up to three plants per adult.

Cannabis Social Clubs (Anbauvereinigungen)

Rather than legalize commercial cultivation, manufacturing, and retail...