Cannabis will be legal in Germany — within limits

The German parliament has voted to approve cannabis for private use, within limits. The opposition and some experts are against it. What is now allowed, what remains prohibited?

Small numbers of cannabis plants may be cultivated in Germany in future

For supporters, Friday’s decision in the Bundestag finally marks the end of criminalization, while opponents see an increased risk of young people turning to harder drugs even more than before: With the combined votes of the governing center-left coalition of Social Democrats (SPD), Greens, and business-focused Free Democrats (FDP), the Bundestag has approved the partial liberalization of cannabis use in Germany. Members of the Left Party also voted in favor.

In concrete terms, this means that from April 1, people over 18 in Germany will be allowed to own and carry 25 grams of cannabis for consumption. What’s more, hashish enthusiasts can now grow three cannabis plants in their own homes and store up to 50 grams of dried cannabis.

Consumers, as well as many politicians and health experts, have long been calling for the use of cannabis to be permitted in small quantities, partly to stop the police from spending time and resources on small dealers. In the 2021 coalition agreement, the three governing parties agreed on this in principle and wrote in their coalition agreement: “We are introducing the controlled supply of cannabis to adults for recreational purposes in licensed stores.”

But there is no longer any mention of such licensed stores in the law proposed by Federal Health Minister Karl Lauterbach (SPD) — at least not yet.

Initially, the government wants to allow and regulate private consumption, partly in order to relieve the burden on the police and judiciary. From July 1, private clubs with up to 500 members will also be allowed to grow cannabis plants collectively and distribute it to their members.

Commercial stores, such as those in many US states, will not be allowed for the time being, even though this was initially considered by the government. Cannabis consumption is also to be banned near schools, kindergartens, public playgrounds, and sports facilities, and on pedestrian zones in city centers between 7 am and 8 pm.

Legalization elsewhere in the EU

Germany is not the first European country to relax cannabis regulation. The use of small quantities of cannabis has long been decriminalized in Portugal, Spain, Switzerland, the Czech Republic, Belgium, and the Netherlands, though there too, certain rules remain in place: Possession is not legal in the Netherlands, for example; its use is only permitted in the famous coffee shops, and anyone wishing to enter them must be able to prove they are of legal age.

The debate about the possibility of legalization has always been characterized by two positions: Some doctors and health experts warn against trivializing cannabis. Neurologist Euphrosyne Gouzoulis-Mayfrank, incoming president of the German Society for Psychiatry, Psychotherapy and Psychosomatics (DGPPN), has said: “Age is the crucial point in this discussion. I fear that with this law we are casting out the devil and replacing him with Beelzebub.”

Young people’s brains continue to develop until the age of 25, and cannabis can cause serious damage, particularly of a psychological nature. Other critics warn that the relatively harmless cannabis can be a gateway to harder substances. But supporters such as Janosch Dahmen, a Green Party Bundestag member and himself a doctor, disagree. “Rising cannabis consumption figures show that the prohibition policy of recent years has not led to fewer people consuming cannabis — on the contrary, consumption by young people in particular continues to increase,” he told DW.

“The aim of the Cannabis Act is therefore to make cannabis use and access safer for informed adults by preventing the distribution of contaminated cannabis substances and curbing the black market,” he added.

Cannabis consumption has indeed increased recently, especially among young adults between the ages of 18 and 25. According to the latest figures from the Federal Center for Health Education, half of young people had already used cannabis in 2021. The last time the figure was this high was over 50 years ago.

The government also wants to introduce an amnesty for previously punishable cases, which will be permitted in future. This prompted the managing director of the German Association of Judges, Sven Rebehn, to speak out, telling the RND news network: “The judiciary is expecting up to 100,000 files to be reviewed nationwide.” Hardly manageable, says Rebehn. The issue of cannabis therefore remains a hot topic in Germany, even after the first step towards free consumption.

This article was originally written in German.

While you’re here: Every Tuesday, DW editors round up what is happening in German politics and society. You can sign up here for the weekly email newsletter Berlin Briefing.

Author: Jens Thurau