Germany has become the latest country to partially legalize cannabis for recreational use, following a vote in parliament on February 23, 2024. The new law, which will take effect on April 1, 2024, allows adults over 18 to possess, consume, and grow small amounts of cannabis for personal use. However, the law also imposes strict regulations on the distribution and sale of cannabis products, making it hard to buy the drug legally. In this article, we will explore the background, details, and implications of Germany’s new cannabis laws.
The Journey to Legalization
Germany has had a long and complex history with cannabis, dating back to the 1920s, when the drug was first banned under the Opium Law. Since then, cannabis has been classified as an illegal narcotic, subject to criminal penalties for possession and cultivation. However, in recent years, there has been a growing movement to reform the cannabis policy, driven by public opinion, medical research, and political pressure.
According to a 2023 survey by the German Federal Centre for Health Education, about 7 million Germans use cannabis regularly, making it the most popular illicit drug in the country. Moreover, about 40% of Germans support the legalization of cannabis for recreational use, while 60% support it for medical use. Cannabis has also been shown to have therapeutic benefits for patients suffering from chronic pain, multiple sclerosis, epilepsy, and other conditions. In 2017, Germany legalized cannabis for medical use, allowing doctors to prescribe it to qualified patients.
The push for recreational legalization gained momentum in 2023, when the Social Democrats (SPD), the Greens, and the Free Democrats (FDP) formed a coalition government after the federal election. The three parties agreed to include cannabis legalization in their coalition agreement, stating that their goal was to “reduce the health risks of cannabis consumption, protect minors, and combat the black market.”. The coalition appointed Karl Lauterbach, a health expert and SPD politician, as the health minister and the main advocate for cannabis reform.
The Details of the New Law
On February 23, 2024, the German parliament passed the Cannabis Control Act, which regulates the production, distribution, and consumption of cannabis for recreational purposes. The law was approved by 407 votes to 226, with most of the opposition coming from the conservative Christian Democratic Union (CDU) and its Bavarian sister party, the Christian Social Union (CSU). The law will come into force on April 1, 2024, making Germany the fourth country in the European Union, after the Netherlands, Portugal, and Luxembourg, to legalize cannabis in some form.
The new law allows adults over 18 to possess up to 25 grams of cannabis in public and up to 50 grams at home. It also permits the cultivation of up to three cannabis plants per person for personal use. Smoking cannabis in public will be legal, except near schools, kindergartens, and other places where children are present. Driving under the influence of cannabis will remain illegal, and employers will have the right to prohibit cannabis use in the workplace.
However, the new law does not create a legal market for cannabis products, as it prohibits the commercial sale and advertising of cannabis. Instead, it introduces a system of non-profit associations, also known as cannabis social clubs, that can grow and distribute cannabis to their members. These associations will have to register with the authorities, follow strict quality and safety standards, and limit their membership to 50 people. Each member will be allowed to obtain up to 15 grams of cannabis per month from the association. The associations will also have to pay taxes and fees to the government, which will be used for drug prevention and education programs.
The Implications of the New Law
The new law is expected to have significant impacts on the country and the world, both positive and negative. On the positive side, the law aims to reduce the harms of cannabis use, protect consumers from contaminated products, and weaken the illegal market. The law also recognizes the right of adults to make their own choices about cannabis use and respects the cultural and social diversity of cannabis users. The law could also generate revenue for the government, create jobs, and boost tourism.
On the negative side, the law could also increase the health risks of cannabis use, especially for young people, who are more vulnerable to the effects of the drug. The law could also create confusion and inconsistency, as different states and municipalities may have different rules and enforcement practices. The law could also face legal challenges, both domestically and internationally, as it may violate the international drug treaties that Germany has signed. The law could also face political opposition, as the CDU and CSU have vowed to reverse the law if they return to power.
The new law is a historic and controversial step for Germany, which has long been a leader in Europe on many issues. The law reflects the changing attitudes and realities of cannabis use in the country and the world. The law also poses many challenges and opportunities for the future of cannabis policy and research. The law will be closely monitored and evaluated by the government, the public, and the international community, as it may set an example or a warning for other countries considering cannabis reform.