Since April 1, 2024, Germany has partially legalized cannabis. It is the 3rd country in the European Union to authorize the recreational use of cannabis, after Malta and Luxembourg. However, this legislation remains regulated. We explain the main points of this reform and its implications.
Why this reform?
Adopted at the impetus of the Greens and the Liberals in the governing coalition, the law on the controlled use of cannabis (Cannabisgesetz- CanG) aims to combat illegal trafficking and to guarantee the quality of the products consumed.
According to Health Minister Karl Lauterbach, it should also help break the taboo surrounding cannabis in order to strengthen the effectiveness of prevention campaigns among young people.
The main points of the law
The CanG authorizes adults over 18 years old who have resided in Germany for at least 6 months to:
- Possess 25 g of dried cannabis in public places
- Grow up to 3 plants at home for personal use
- Be in possession of 50 g of the substance outside public places.
Creation of "cannabis clubs"
Since drug trafficking is prohibited in the EU, German legislators relied on the Spanish model to introduce "cannabis clubs". These non-profit associations allow their members to grow and distribute cannabis in a strictly regulated framework, outside of any commercial circuit.
Membership in a club entitles you to a limited quantity: up to 25 g per day and 50 g per month per member. Each club is capped at 500 members, which currently makes it the only legal way to obtain recreational cannabis in Germany. Consumption on site is, however, prohibited.
Strictly regulated use: the limits imposed by the law
The German reform is accompanied by numerous restrictions aimed at regulating cannabis use and limiting risks, especially for young people. Any form of advertising or sponsorship for cannabis is thus prohibited and information campaigns are being deployed to raise public awareness. Young people under 18 are not authorized to consume cannabis.
Several rules also regulate consumption:
- Prohibition of consumption within 100 meters of school buildings, playgrounds, and sports facilities.
- Prohibition of consuming cannabis in urban pedestrian zones between 7 a.m. and 8 p.m.
- Prohibition of sharing or selling your private harvest to other people.
- Germans aged 18 to 21 cannot consume more than 30 g per month and the THC content must not exceed 10%.
- Foreigners are not authorized to possess, grow, or consume cannabis on German territory.
A reform that divides German society
While some welcome this reform, voices are being raised to question its legitimacy, notably in opposition parties and the medical community. Some doctors believe it could normalize the consumption of potentially addictive substances and harm public health, especially among young people. The spokesperson for the parliamentary group on health issues Tino Sorge (CDU, center-right) has, for his part, announced that his party would repeal the law "after a change of government".
In response to these criticisms, the German Health Minister announced the launch of a major campaign to raise young people's awareness of health risks and the strengthening of prevention programs. A thorough evaluation of the law is also scheduled for autumn 2025 in order to adjust the regulations based on concrete results, public health data, and feedback from stakeholders on the ground.
Influence of the reform within the EU
Unlike medical cannabis, which is authorized in 21 of the 27 member states, the possession of recreational cannabis remains largely prohibited within the EU. However, the partial legalization of cannabis use in Germany could reignite discussions on a possible harmonization of cannabis policies within the EU.
The German Health Minister thus expressed the wish to see Germany play an active role in Brussels to promote a more flexible and coordinated approach. He emphasized that the current prohibition policy has not achieved its objectives, notably in terms of reducing the black market and protecting young people.
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