On April 1, 2024, Germany legalized the recreational use of cannabis for adults aged 18 and above.
Earlier in 2017, Germany legalized the medical use of cannabis, allowing doctors to prescribe it to seriously ill patients.
Under the new law, possession of up to 25 grams of cannabis is legal for personal use.
Adults are also allowed to cultivate up to 3 cannabis plants for personal use.
Germany has established a Cannabis Agency to regulate the cultivation, processing, and distribution of medical cannabis.
The legalization of recreational cannabis is expected to save Germany over 1 billion euros annually by no longer enforcing prohibition.
In addition to personal cultivation, Germany will allow the establishment of non-commercial cannabis clubs where adults can legally obtain cannabis.
The legalization is part of a “first phase” or “first pillar”, with plans for a “second phase” to launch regional adult-use cannabis commerce in the future.
Possession of cannabis in “small amounts” (up to 6-15 grams, depending on the state) generally does not lead to criminal prosecution but can result in administrative fines.
Cultivation, import, export, or distribution of cannabis is considered a criminal offense under the German Narcotics Act, resulting in severe criminal sanctions.
Specific penalties for these offenses can include fines up to €25,000 or prison sentences of up to 2 years, depending on circumstances and quantities involved.
Over the past decades, enforcement and prosecution for cannabis-related offenses have become more lenient, especially with a focus on personal consumption over commercial activities.
With the legalization of recreational cannabis set for 2024, the German government plans to further refine the legal framework and penalties for cannabis, including introducing a “Cannabis Cultivation Act” to regulate the supply chain.
Although possession of small amounts for personal use has been mainly decriminalized, serious violations of Germany’s cannabis laws can still incur significant criminal penalties, albeit with a more relaxed enforcement approach over time.