The German government is pursuing the goal of regulating and controlling the non-medical use of cannabis by adults through the Cannabis Law. The law aims to curb the black market and guide consumption into regulated channels, thereby strengthening youth and public health protection. It seeks to legalize the private and communal cultivation of cannabis by adults while implementing strict measures to protect children and adolescents. The law regulates the safe handling of cannabis and contributes to enabling its legal and controlled use.

The law includes comprehensive protective measures to prevent cannabis from falling into the hands of minors. This applies to both private cultivation and distribution within cultivation associations. Strict controls and regulations will be introduced for all participants to minimize abuse.

Accordingly, private cannabis cultivation for personal use and communal, non-commercial cultivation in cultivation associations are permitted. However, the sale and distribution of cannabis to minors, as well as commercial cultivation and distribution outside of planned pilot projects, remain prohibited.

In our FAQ on the Cannabis Law, we aim to provide answers to the most important questions about cannabis in Germany:

Legislative Process

The German Bundestag passed the law on the controlled handling of cannabis and amendments to other regulations on February 23, 2024. On March 22, 2024, it was discussed and approved by the Bundesrat, after a potential delay in the Mediation Committee. As a result, the law will take effect in two stages:

  • April 2024: Entry into force of the law, excluding the regulations for cultivation associations.
  • July 2024: Entry into force of regulations for private cultivation within cultivation associations.

Key Points of the Two-Pillar Model

Pillar 1: This pillar enables the private cultivation of cannabis by adults for personal use, as well as communal, non-commercial cultivation within cultivation associations. These regulations came into force on April 1, 2024, with specific regulations for cultivation associations following on July 1, 2024.

Pillar 2: Pillar 2 envisions the implementation of regional pilot projects with commercial supply chains. These model projects will be developed in parallel with the implementation of Pillar 1. The Federal Ministry of Health will coordinate these projects and has already requested input from other ministries. The corresponding draft law will likely be submitted to the European Commission for review.

With these measures, the German government aims for a controlled and safe distribution of cannabis to adults, while prioritizing youth protection and public health.

Cultivation Associations

Cultivation associations, often originating from established Cannabis Social Clubs, will play a key role in combating the black market and achieving the broader goals associated with cannabis legalization.

What do cultivation associations do?

Cultivation associations are registered non-commercial associations or cooperatives whose purpose is the communal, non-commercial cultivation and distribution of cannabis and propagation material (seeds and cannabis plant cuttings) for personal use. They are governed by the principles of association law. Other legal forms (e.g., foundations, companies) are not permitted.

When will cultivation associations be allowed to cultivate cannabis?

Cultivation associations wishing to cultivate cannabis communally and non-commercially and distribute it to their members for personal use require a government permit. Simply founding and registering the association or cooperative is not sufficient to begin cannabis cultivation.

What requirements must cultivation associations meet to obtain a permit?

Cultivation associations wishing to grow cannabis communally and non-commercially and distribute it to their members are subject to strict regulations:

Membership and Size:

  • Cultivation associations may have a maximum of 500 members.
  • Members must be at least 18 years old and have lived in Germany for at least six months.
  • The association’s statutes must require a minimum membership of three months to prevent cross-border drug tourism.

Location Restrictions:

  • Cultivation associations must maintain a minimum distance of 200 meters from schools, children’s and youth facilities, and playgrounds.

Permit and Requirements:

  • Cultivation associations need a government permit to grow cannabis.
  • Authorized persons in cultivation associations must be fully capable of business and have the necessary reliability to handle cannabis, seeds, and cuttings.
  • There must be sufficient protection against access to cannabis, seeds, and cuttings by children, adolescents, and unauthorized third parties.
  • The association must ensure compliance with legal requirements and regulations.

Application Process:

The permit application must be submitted in writing or electronically, in German, to the competent state authority and must include all legally required information and documentation.

Permit Denial:

A permit will be denied if any board member has relevant prior convictions, or if the association does not meet or is unlikely to meet the health and youth protection requirements of the Cannabis Law.

These regulations ensure that cultivation associations operate safely and responsibly, complying with legal requirements. It is also recommended for cultivation associations to use a compliance management system specifically designed for Cannabis Social Clubs.

These regulations ensure that cultivation associations are operated safely and responsibly, and that they meet legal requirements.

What documents are required to apply for a cultivation association permit?

The application must include the following information and documentation, all in German:

  • Name, phone number, electronic contact details, and address of the association’s headquarters.
  • The competent registry court and registration number of the association.
  • First name, last name, date of birth, address, and electronic contact details of registered board members and other authorized representatives of the association.
  • First name, last name, date of birth, address, and electronic contact details of all paid employees of the association who will have access to cannabis and propagation material.
  • A certificate of good conduct for submission to a public authority according to Section 30(5) of the Federal Central Register Act and a certificate from the Central Trade Register under Section 150(1) of the Trade Regulation Act, issued no more than three months before the permit application, for each board member and other authorized representatives of the association.
  • The number of members in the association.
  • The location or anticipated location of the association’s cultivation site with details on the site, street, house number, any cadastral designation, building, and building part.
  • The size or anticipated size of the cultivation areas and greenhouses in hectares or square meters.
  • The anticipated quantity of cannabis to be cultivated and distributed, in grams per year, separated by marijuana and hashish.
  • A description of the security and protection measures implemented or planned.
  • First name, last name, date of birth, address, and electronic contact details of the prevention officer, along with proof of their advisory and prevention knowledge.
  • A health and youth protection plan.

These requirements ensure that cultivation associations comply with legal requirements and provide adequate safety measures to protect health and youth.

Which authority is responsible for issuing the permit?

The responsible authority for issuing permits is determined by the individual federal states.

Will the issued permit be time-limited?

Permits for cultivation associations are valid for seven years. After at least five years, the permit can be extended upon request.

Can I run a cultivation association inside my home?

The premises of a cultivation association, including land, cultivation areas, greenhouses, and buildings, may not be located, even partially, inside a residential building or other dwelling.

Is cannabis consumption allowed within a cultivation association?

The consumption of cannabis is prohibited within the premises of a cultivation association, meaning on the property, cultivation area, greenhouse, and building, as well as within a 100-meter radius of the entrance to the association.

How much cannabis can be grown and harvested by a cultivation association?

The permit for cultivation associations is limited to fixed annual cultivation and distribution quantities, based on the personal consumption needs of the members. If a cultivation association grows or harvests more than the permitted quantities, the excess cannabis must be destroyed. Repeated violations of these quantity limits may result in the permit being revoked.

If the needs of members change, such as through departures or new members, the permit regarding cultivation and distribution quantities can be adjusted. The association must credibly demonstrate these changes to request an adjustment.

Who is authorized to grow cannabis in a cultivation association?

In cultivation associations, cannabis may only be grown communally by the members of the association. All activities directly related to cultivation and harvesting, such as watering, fertilizing, trimming, cutting leaves and flowers, and collecting resin, must be carried out by members for personal consumption.

Part-time employed members of the association may also undertake and support these activities. Other paid employees of the association or third parties, including companies or freelancers, may only be hired for other tasks such as quality consulting, training members for quality assurance, documentation, accounting, cleaning, security, and maintenance services.

How is communally grown cannabis distributed within a cultivation association?

The distribution of communally grown cannabis within cultivation associations is subject to strict rules:

Personal Handover: Cannabis must be handed over in person, with both the giving and receiving member present, within the premises of the cultivation association (property, cultivation area, building).

Age and Membership Verification: Only members of the cultivation association may distribute cannabis. Strict checks of age and membership must be carried out by presenting a membership card along with official photo identification.

Quantity Limits: Each member may receive a maximum of 25 grams of cannabis per day and no more than 50 grams per month for personal consumption. For younger members (18 to 21 years old), the monthly maximum is 30 grams, with the THC content limited to 10%.

Pure Form: Cannabis may only be distributed in its pure form as marijuana (dried flowers and flower-adjacent leaves) or hashish (separated resin). Mixed cannabis, especially with tobacco, nicotine, or food, may not be distributed.

Prohibition of Alcohol and Tobacco: Cultivation associations are not permitted to distribute alcohol or tobacco to their members, and cannabis consumption within the association is prohibited.

Packaging and Information Requirements: The distributed cannabis must be neutrally packaged and accompanied by an information sheet containing the following details:

  • Weight in grams
  • Harvest date
  • Minimum shelf life
  • Strain
  • Average THC content in percentage
  • Average CBD content in percentage
  • Risk warnings related to cannabis consumption

Educational Information: Additionally, evidence-based educational information about cannabis, dosage, usage, risks, and referral to counseling and treatment centers must be provided. Special attention should be given to the potential neurological and health risks of consuming cannabis under the age of 25.

Redistribution Ban: Members are not allowed to redistribute the cannabis they receive to others.

Cost Recovery: Cultivation associations must operate on a cost-recovery basis and may only charge members dues according to the association’s statutes, as well as the cost of producing cannabis seeds when distributing them to non-members or other cultivation associations.

These regulations ensure that the distribution of cannabis within cultivation associations is controlled and responsible, protecting members and complying with legal requirements.

What documentation and reporting requirements must cultivation associations fulfill?

The documentation and reporting obligations of cultivation associations are crucial for compliance with legal requirements regarding health and youth protection. These obligations include:

  • Inventory Overview: Cultivation associations must maintain an up-to-date overview of their cannabis, seed, and cutting inventories, as well as the quantities distributed.
  • Traceability Proof: To ensure health protection and enable traceability in cases of black-market cannabis or contamination, cultivation associations must document from whom they received propagation material and to whom they distributed cannabis, seeds, or cuttings.
  • Annual Reports: Once a year, cultivation associations must report their harvest and distribution quantities as well as their inventory to the responsible state authority. These data help the authority determine whether black-market cannabis is being distributed through cultivation associations or if cannabis from cultivation associations is reaching the illegal market. This helps prevent abuse by organized drug crime.
  • Evaluation Data: Additionally, anonymized data on the distribution quantities to members must be submitted to the state authority once a year.
  • Contamination Reports: Cultivation associations must immediately inform the competent authority if they discover contaminated or black-market cannabis in their inventory or mistakenly distribute it.

These measures ensure that cultivation associations operate in accordance with the law and maintain health protection and prevention against illegal trade.

Can cultivation associations sell or give away cannabis?

Cannabis may only be cultivated and distributed by members of the association, and only to other members for personal use. Members pay dues according to the statutes of the respective association.

Can cultivation associations ship cannabis?

Cultivation associations may not ship or deliver cannabis to members or other individuals. If a cultivation association’s growing and distribution locations are separate (e.g., an association building in the city and a cultivation area in the countryside), the association is permitted to transport cannabis between these locations in limited quantities.

Requirements for Transport:

  • The transport must be registered in writing or electronically with the competent authority beforehand.
  • The transport must be accompanied by at least one member of the cultivation association, who must carry a membership card, a transport certificate, and a copy of the association’s permit.
  • The transported cannabis must be secured against unauthorized access.

These regulations ensure that the transport of cannabis within cultivation associations is controlled and safe.

Can cultivation associations ship cannabis seeds?

The shipment and delivery of cannabis seeds are allowed to members of the association, other cultivation associations, and non-members. Evidence-based educational information must be provided, which includes:

  • Information on cannabis, dosage, and use
  • Warnings about the risks of cannabis consumption
  • Referrals to counseling and treatment centers for cannabis consumption
  • A special warning about potential neurological and health risks for people under 25

These measures ensure that recipients are well informed about the risks and responsible use of cannabis.

Who monitors cultivation associations?

The responsible authority is determined by the individual federal states.

How often are cultivation associations inspected?

Cultivation associations are to be inspected at least once a year and additionally as needed by the responsible state authority through on-site visits and random checks.

What are the consequences of violating permit conditions?

The permit for cultivation associations can be revoked in whole or in part if they fail to comply with legal requirements. Additionally, there are penalties for serious violations, such as distributing cannabis to children or adolescents.

How much cannabis can I receive as a member of a cultivation association? Are there limits on THC content?

Members of a cultivation association may receive up to 25 grams of cannabis per day and no more than 50 grams of cannabis per month for personal use. For younger members (18 to 21 years old), the monthly maximum is 30 grams, with the THC content limited to 10%.

How do I become a member of a cultivation association, and what obligations do I have as a member?

To become a member of a cultivation association, a person must be at least 18 years old and have lived in Germany for at least six months. Cultivation associations are intended for communal, non-commercial cannabis cultivation for personal use and rely on the active participation of their members, who finance their operations through membership dues.

Active Participation:
Members must actively participate in cultivation, meaning they are personally involved in the communal cultivation and related tasks.

Statutory Requirements:
The statutes of a cultivation association must include a minimum membership duration of three months and rules for excluding members whose residence or habitual place of residence is no longer in Germany.

What are the costs of membership in a cultivation association?
Cultivation associations determine the membership dues required to fulfill their statutory tasks in their statutes. They may decide whether to set basic dues with additional fees based on the quantities of cannabis and propagation material distributed to members.

New Drug Policy

What are the reasons for the controlled distribution of cannabis to adults?
The German government has decided to allow the controlled distribution of cannabis to adults for non-medical purposes because previous drug policies related to cannabis have reached their limits. Despite the ban, the acquisition and possession of cannabis are common in many areas, and consumption has increased in recent years.

Health Risks of Black-Market Cannabis:
Cannabis from the black market carries significant health risks, as the THC content is often unknown, and the substance may contain toxic additives, contaminants, and synthetic cannabinoids. These can have unpredictable effects and pose risks to consumers’ health. The new law aims to improve health protection by regulating the quality of consumption cannabis and preventing the distribution of contaminated substances.

Strengthening Education and Prevention:
The law is also intended to strengthen education and prevention efforts related to cannabis, raising awareness of the risks and promoting more responsible consumption. It aims not to create incentives for increased cannabis use.

Combating Drug Crime and Protecting Youth:
Another goal of the law is to combat organized drug crime and provide better protection for children and adolescents. By regulating cannabis distribution, the illegal market will be weakened, and a safer means of access for adults will be created.

Experience from Other Countries:
In implementing this initiative, Germany also took into account the experiences of other countries. A study commissioned by the Federal Ministry of Health in April 2023 provided important insights that influenced the legislation.

Two-Stage Approach Due to Legal Constraints:
Due to tight EU and international legal constraints, and following consultations with the European Commission, the German government has opted for a two-stage approach. Initially, the private cultivation of cannabis by adults for personal use, as well as communal, non-commercial cultivation and distribution in cultivation associations, will be legalized. In a second stage, a regionally and temporally limited pilot project with commercial supply chains and scientific evaluation will be tested.

This two-stage model is designed to ensure that cannabis consumption takes place under controlled conditions while minimizing negative impacts on society.

When will it be legal to smoke a joint in Germany?

As of April 1, 2024, adults in Germany can legally smoke a joint. This regulation marks a significant shift in Germany’s drug policy, allowing adult citizens to use cannabis for non-medical purposes.

Will the societal impacts of the law be assessed?

The law provides for a thorough evaluation of the societal impacts of the Cannabis Law in Germany. This evaluation will begin 18 months after the law comes into effect, with an initial report. This report will focus primarily on the impacts on youth protection and consumption behavior among children and adolescents in the first year.

Two years after the law comes into effect, an interim report will be produced, which will also examine the impact on organized crime related to cannabis. The expertise of the Federal Criminal Police Office will be included.

After four years, a comprehensive and final evaluation will be conducted, summarizing and assessing all relevant societal impacts of the law. This step-by-step evaluation will ensure that the law is continuously monitored and adjusted as needed to achieve its goals.

How will the black market for cannabis be tackled through legalization?

The Cannabis Law aims to combat the black market for cannabis by legalizing private cultivation and providing consumers with a safe means of access to cannabis.

Private and Communal Cultivation in Cultivation Associations:
The Cannabis Law legalizes the private cultivation of cannabis for personal use. Additionally, non-commercial cultivation associations may cultivate cannabis communally under strict legal guidelines. These associations allow their members to actively participate in the cultivation process and use the cannabis produced for personal consumption.

These measures aim to weaken the illegal market by reducing the demand for black-market cannabis while ensuring the quality and safety of the cannabis consumed.

How much cannabis is consumed annually in Germany?

The German government has not yet provided valid data on the amount of cannabis consumed annually for non-medical purposes in Germany. However, the number of cannabis users has increased significantly in recent decades. According to the latest addiction report, the prevalence of problematic cannabis use (according to SDS) increased significantly between 2015 and 2021. The proportion of adults with problematic use more than doubled, rising from 1.2% in 2015 to 2.5% in 2021. Among women, the proportion increased from 0.9% to 1.6%, a 1.5-fold increase. Among men, the proportion rose from 1.5% to 3.4%, a 2.3-fold increase. Men consume cannabis slightly more frequently than women and are more likely to view their use as problematic. Experts believe this indicates difficulty in controlling use or recognizing psychosocial consequences.

Who consumes cannabis?

A survey conducted in 2021 found that 4.5 million adults in Germany consumed cannabis at least once in the past 12 months. This corresponds to 10.7% of men and 6.8% of women. Cannabis was most commonly consumed among 18- to 24-year-olds.

Can cannabis use be harmful?

Cannabis use can have harmful effects that vary greatly from person to person and are difficult to predict. Factors such as individual sensitivity, mood, method of consumption, health condition, mixed consumption, and prior experiences influence the reactions to cannabis compounds.

Acute Side Effects:

  • Anxiety and panic
  • Disorientation
  • Impaired reactions
  • Memory lapses
  • Depressive moods
  • Rapid heartbeat
  • Nausea or dizziness
  • Hallucinations

Long-Term Effects:

  • Mental disorders such as depression and psychosis, especially in people with pre-existing conditions or particular sensitivity
  • Risk of developing an addiction

Particular Risks for Young People:
Children, adolescents, and young adults up to the age of 25 are particularly vulnerable to the mental, physical, and social effects of cannabis use, as their brains are still maturing. THC can disrupt brain development and is linked to lower academic performance, higher dropout rates, and less involvement in higher education.

Link to Education:
Adolescents who use cannabis tend to perform worse in school and attain lower levels of education. This link is more pronounced with early cannabis use and high consumption. It leads to higher dropout rates and fewer academic degrees.

What is the average THC content of black-market cannabis?

According to current information from law enforcement authorities and customs, the average THC content of cannabis flowers is around 14%, and for hashish, around 20%.

Health and Consumer Protection

What health protection measures are included in the Cannabis Law for private and communal, non-commercial cultivation of cannabis for non-medical purposes?

The Cannabis Law aims to significantly improve the health protection of consumers. Key measures include:

Limiting Cultivation and Possession:

  • Private individuals may cultivate a maximum of three cannabis plants per adult.
  • The allowable possession limit is 25 grams per adult, with up to 50 grams of dried cannabis per adult allowed in private homes.

Regulations for Cultivation Associations:

  • Cannabis may only be distributed in its pure form as marijuana (dried flowers and flower-adjacent leaves) or hashish (separated resin) to adult members for personal consumption.
  • Distribution quantities are limited to 25 grams per day and 50 grams per month, as well as seven cannabis seeds or five cuttings per month for personal cultivation.
  • For younger members aged 18 to 21, the monthly limit is 30 grams of cannabis, with the THC content limited to 10%.
  • State governments may limit the number of cultivation associations to one per 6,000 residents per district or independent city.
  • Cultivation and distribution in cultivation associations are state-supervised to ensure quality and safety.

Advertising and Consumption Restrictions:

  • General advertising and sponsorship ban for cannabis and cultivation associations.
  • Prohibition of the simultaneous distribution of cannabis with alcohol and other stimulants in cultivation associations.

Prevention and Education:

  • Expansion of prevention services by the Federal Center for Health Education (BZgA).
  • Advice provided by a prevention officer in cultivation associations.
  • Educational information about cannabis, dosage, use, and risks, as well as referrals to counseling and treatment centers, must be provided when distributing cannabis.

Evaluation and Public Consumption Restrictions:

  • The law will be evaluated within four years, with an interim report after two years and an initial evaluation after 18 months.
  • Public consumption of cannabis is prohibited near individuals under 18, in cultivation associations, in pedestrian zones between 7 a.m. and 8 p.m., in schools, children’s and youth facilities, playgrounds, and public sports facilities, as well as within 100 meters of these locations.

Other Measures:

  • Medical cannabis prescriptions remain possible.
  • Extension of the Federal Non-Smoking Protection Act to include heated tobacco, e-cigarettes, and products associated with cannabis smoking or vaporization.

These measures are designed to make cannabis use safer and minimize risks, particularly for young people.

Why is it important to extend the Federal Non-Smoking Protection Act to include cannabis products, e-cigarettes, and heated tobacco products?

The extension of the Federal Non-Smoking Protection Act to cannabis products, e-cigarettes, and heated tobacco products is crucial for protecting public health. This adjustment accounts for the increasing prevalence and use of new smoking products, whose consumption through passive smoke or vapor can be harmful to health.

Protection of Vulnerable Groups:
Groups particularly at risk, such as children, pregnant women, the elderly, and people with chronic illnesses, are especially exposed to the risks of passive smoking and vapor. Scientific studies have shown that both tobacco and cannabis smoke contain toxic and carcinogenic substances that can be inhaled through passive smoking.

Strengthening Preventive Health Protection:
The law aims to strengthen preventive health protection and better protect the public from the risks of passive smoking and vapor. This measure is an important step in reducing the health burdens associated with the inhalation of smoke and vapor.

What impact will the legalization and consumption of cannabis have on workplace safety?

The accident prevention regulation “Principles of Prevention” (DGUV Regulation 1) stipulates that insured individuals must not consume alcohol, drugs, or other intoxicating substances in a way that endangers themselves or others (§15 para. 2 DGUV Regulation 1). This rule applies equally to legal drugs, illegal drugs, and medications and has not changed with the legalization of cannabis.

Employers are obligated to ensure that insured individuals who are visibly unfit to perform their work safely do not carry out that work (§7 para. 2 DGUV Regulation 1).

In a press release on the legalization of cannabis, the German Social Accident Insurance Association (DGUV) emphasized that alcohol and cannabis should be treated equally in the workplace and educational settings. In both cases, consumption that could lead to hazards must be excluded (ZERO alcohol and ZERO cannabis at work and education).

Given the legalization of cannabis, comprehensive education in the workplace is essential. Helpful measures include company policies, particularly works or service agreements on addiction prevention.

Youth and Child Protection

Will minors be allowed to purchase and consume cannabis in the future?

The purchase, possession, and cultivation of cannabis will remain prohibited for minors. The distribution of cannabis to children and adolescents will be prosecuted. Other actions that are criminal for adults, such as unauthorized drug trafficking, also apply to minors.

If children or adolescents violate the cannabis ban, the responsible police and regulatory authorities must inform their legal guardians. In cases of significant evidence of endangerment to the child’s well-being, the local public youth welfare office must be notified. This office ensures that affected children or adolescents receive appropriate early intervention or comparable services from other providers.

What specific protective measures are in place for children and adolescents beyond general health protection?

To enhance the protection of children and adolescents, the following measures have been established in connection with the Cannabis Law:

Distribution in Cultivation Associations: Cannabis may only be distributed to adult members of the association, under strict age verification.
THC Limits: For young adults between the ages of 18 and 21, the THC content is limited to 10%, and distribution in cultivation associations is capped at 30 grams per month.
Prevention Services: Expansion of prevention services through the Federal Center for Health Education (BZgA).
Early Intervention: Expansion of early intervention services for children and adolescents who use cannabis.
Advertising and Sponsorship Ban: A general ban on advertising and sponsorship for cannabis and cultivation associations.
Packaging Warnings: Strict warnings about health risks and information about counseling and treatment services on packaging.
Location Restrictions: Cultivation associations must maintain a minimum distance of 200 meters from the entrances of schools, children’s, and youth facilities, as well as playgrounds.
Public Consumption: The public consumption of cannabis is prohibited near persons under 18, in cultivation associations, within 100 meters of cultivation associations, in pedestrian zones between 7 a.m. and 8 p.m., and near schools, children’s and youth facilities, playgrounds, and publicly accessible sports facilities.
Protective Measures for Private Cultivation: Adults and cultivation associations must ensure that children, adolescents, and unauthorized third parties do not have access to cannabis plants.
Criminal Penalties: The sale or provision of cannabis to children or adolescents is punishable by law.
Employment Ban: Individuals convicted of a crime under the Cannabis Consumption Law or the Medical Cannabis Law are prohibited from employing or training adolescents.

These measures are intended to ensure that cannabis consumption and distribution are strictly controlled and that children and adolescents are protected.

How is it ensured that children and adolescents do not get the impression that cannabis consumption is harmless through the controlled distribution of cannabis to adults?

Cannabis consumption poses particular health risks for children and adolescents, as THC, the psychoactive component, can have damaging effects on the brain. The human brain is particularly vulnerable until it matures at around age 25. For this reason, the cultivation, acquisition, and possession of cannabis remain prohibited for minors.

Regulations for Young Adults (18 to 21):
Young adults may only receive cannabis from cultivation associations in which they are members for personal use if it contains no more than 10% THC. The allowed quantity is limited to 30 grams per month.

Measures for Violations by Minors:
Cannabis possessed, acquired, or cultivated by minors will be confiscated, stored, and destroyed by the relevant authorities. The legal guardians of the minors will be informed.

Education and Prevention:
The information and prevention services for children, adolescents, and adults will be strengthened across all sectors. The Federal Center for Health Education (BZgA) will expand its cannabis-related education and prevention work.

In August 2023, the Federal Ministry of Health launched a targeted information campaign for adolescents and young adults warning about the health and social risks of cannabis use.

Advertising and Sponsorship Ban:
There is a ban on advertising and sponsorship for cannabis and cultivation associations.

Strict Age Verification in Cultivation Associations:
Cultivation associations must verify the age of members to prevent minors from gaining access.

Location and Consumption Restrictions:
Cultivation associations must maintain minimum distances from schools and other youth facilities. Public consumption of cannabis near schools and youth facilities is prohibited.

These measures are intended to ensure that children and adolescents are not encouraged to consume cannabis and are comprehensively protected from the risks associated with its use.

How is it ensured that parents, guardians, or other adults do not pass legally obtained cannabis to minors?

The distribution of cannabis to minors remains a criminal offense and will be strictly prosecuted. People who cultivate cannabis for personal use are required to keep plants, cannabis products, and seeds secure from children and adolescents.

Criminal Measures:
The distribution of cannabis to minors is a criminal offense and will be prosecuted. Guardians who violate this prohibition may face family court measures under certain conditions.

Protective Measures in Cultivation Associations:
Children and adolescents are strictly prohibited from entering the premises of cultivation associations. Strict age checks will be carried out to prevent minors from gaining access.

These measures are intended to ensure that children and adolescents are fully protected from the risks associated with cannabis consumption.

Possession Regulations

Who is allowed to grow cannabis privately?

Adults who have resided in Germany for at least six months are allowed to cultivate up to three cannabis plants for personal use at their place of residence. This rule applies to each adult in a household.

Who is allowed to grow cannabis, and how many plants are permitted?

Adults are allowed to cultivate up to three cannabis plants at a time for personal use. Plants that exceed this limit must be destroyed immediately and completely. In addition, an adult may possess up to 50 grams of dried cannabis for personal use at their residence.

How can I obtain cannabis seeds for private cultivation?

Cannabis seeds may be imported from EU member states for private cultivation. Purchase over the internet or mail order and shipping to Germany is permitted.

Cultivation associations may distribute up to seven cannabis seeds or five cuttings per month to non-members for private cultivation, provided they were produced through communal cultivation. In the case of mixed distribution of seeds and cuttings, a total of up to five seeds and cuttings may be distributed. Non-members must reimburse the association for the production costs of the cannabis seeds or cuttings distributed.

Is it allowed to give cannabis grown for private use to others?

No, cannabis grown for private use is intended for personal consumption only and may not be given to others.

What aspects should be considered when growing cannabis privately?

To prevent children, adolescents, and unauthorized third parties from accessing cannabis plants, grown cannabis, and seeds, appropriate security measures must be taken. For example, cannabis plants and harvested hashish and marijuana can be stored in lockable cabinets or rooms.

Additionally, cultivation must not cause unreasonable nuisance or disturbance to neighbors. Odor nuisance can be prevented by using ventilation or air filtration systems.

How much cannabis can I legally possess?

Each adult is allowed to possess up to 25 grams of cannabis and carry it with them.

Prevention

What information, counseling, and prevention services are provided?

A nationwide platform has been established. This platform consolidates comprehensive information on the law and available services for addiction prevention, addiction counseling, addiction treatment, as well as information on the effects, risks, and safer use of cannabis. At the same time, the cannabis-related education and prevention work of the Federal Center for Health Education (BZgA) is being further developed.

For adolescents who use cannabis, low-threshold early intervention services to reflect on their consumption will be expanded. Additionally, information and prevention services for children, adolescents, and adults will be strengthened across all sectors.

How can a prevention officer demonstrate the required advisory and prevention knowledge?

Prevention officers in cultivation associations must demonstrate specific advisory and prevention knowledge. This proof is provided by a certificate of participation in addiction prevention training, which has been completed at state or specialist centers for addiction prevention or addiction counseling, or at similarly qualified publicly funded institutions (§23 para. 4 sentences 5 and 6 of the Cannabis Law).

These regulations, along with all other provisions of the Cannabis Consumption Law regarding cultivation associations, come into force on July 1, 2024. The implementation of the regulations, the designation of competent authorities, and the administrative process are the responsibility of the individual federal states. Each state decides which training programs are offered, who conducts them, and what content is provided.

The federal government will commission the creation of a model curriculum for the training of prevention officers as part of a public tender, which can then be used by the states for their training programs.

What measures are taken when children or adolescents possess or use cannabis?

If minors violate the ban on possessing, acquiring, or cultivating cannabis, the cannabis will be confiscated, stored, and destroyed by the responsible police and regulatory authorities. The legal guardians of the minors will be informed of the violation.

If there is significant evidence of endangerment to the child’s or adolescent’s well-being, the local public youth welfare office will also be notified. This office is responsible for ensuring that affected children or adolescents receive appropriate early intervention services or comparable services from other providers.

These measures aim to help children and adolescents reflect on their cannabis use, recognize the health risks, and stop further consumption.

Research

Is research on consumption cannabis allowed?

Research on and with consumption cannabis is possible, but it requires a permit. Applicants must provide information and proof of their expertise and reliability. The responsible federal authority for granting the permit and overseeing the scientific use of cannabis for non-medical purposes will be designated by the Federal Ministry of Food and Agriculture through a regulation without the approval of the Bundesrat.

Criminal Law

What are the consequences of violating the law?

Cannabis and non-synthetic THC will no longer be classified as narcotics under the Narcotics Act (BtMG). The possession of up to 25 grams of cannabis for non-medical purposes is no longer punishable, regardless of THC content and origin. The private cultivation of three cannabis plants for personal use, as well as the possession of up to 50 grams of dried cannabis at home, is also no longer punishable.

Communal, non-commercial cultivation and distribution to members within cultivation associations, as well as private cultivation by adults, are generally exempt from criminal liability. Possessing more than 25 grams and up to 30 grams of cannabis constitutes an administrative offense. The same applies to possessing more than 50 grams and up to 60 grams of dried cannabis at home. Exceeding the limit of 30 grams or 60 grams remains punishable for both adults and minors.

Increased Penalties in the Cannabis Law:

  • Minimum Sentence: The minimum sentence for influencing a minor to engage in drug trafficking, import, export, sale, transfer, or other distribution of cannabis by a person over the age of 21 has been increased from one to two years.
  • Commercial Distribution: The minimum sentence for the commercial distribution of cannabis by a person over the age of 21 to minors has been increased to two years.
  • Organized Cultivation and Trafficking: The minimum sentence for organized cultivation, production, trafficking, import, and export of cannabis in significant quantities has been increased to two years.
  • Trafficking with Weapons: The minimum sentence for trafficking, importing, exporting, and acquiring cannabis in significant quantities with weapons or dangerous objects has been increased to two years.

Fines and Permit Revocation:
Violations of government permit requirements, record-keeping obligations, unauthorized advertising, or sponsorship are administrative offenses and are punishable by fines. A permit for a cultivation association may also be revoked.

Penalties in the Narcotics Act:
The minimum sentence for supplying, administering, or providing narcotics by a person over the age of 21 to minors has been increased from one to two years if the offender acted intentionally and thereby recklessly endangered a child or adolescent’s physical, mental, or moral development.

These new regulations are intended to promote the responsible use of cannabis and ensure the protection of children and adolescents.

Will minors who illegally use cannabis continue to be punished?

Possession, cultivation, and acquisition of cannabis for non-medical purposes by minors will remain prohibited. This prohibition is administrative in nature. If minors violate this prohibition, the cannabis will be confiscated, stored, and destroyed by the relevant authorities.

Notification of Legal Guardians:
If minors violate the prohibition on possessing, cultivating, or acquiring cannabis without committing a criminal offense, the relevant police and regulatory authorities must inform the legal guardians.

Youth Welfare Intervention:
If there is significant evidence of endangerment to the well-being of the child or adolescent, the local public youth welfare office will be notified. This office will ensure that minors receive appropriate early intervention services or comparable services from other providers.

Family Court Measures:
Under existing law, family court measures may be taken against the legal guardians. In addition, regulations will be introduced that allow for preventive measures such as the seizure and confiscation of cannabis.

These measures are intended to ensure the protection of minors and prevent illegal cannabis use.

Will previous entries in the Federal Central Register for cannabis-related offenses be deleted, and under what conditions?

Convictions recorded in the Federal Central Register that are solely for actions that are no longer criminalized under the new law (in particular, possession, acquisition, and cultivation of up to 30 grams or three cannabis plants) may be deleted.

The public prosecutor’s office will, upon application by the convicted person, determine whether the entry is eligible for deletion. If this is the case, the public prosecutor will notify the register authority and the convicted person. The register authority will then delete the entry.

Europe and International Law

What EU and international restrictions must be observed?

The government’s October 26, 2022, policy paper addressed the international and EU legal risks associated with implementing the coalition agreement. The government carefully examined and assessed these risks. The findings of this assessment are reflected in the current two-pillar model and the Cannabis Law.

The government interprets Germany’s international obligations under the relevant drug control and enforcement treaties in such a way that the implementation of the two-pillar model is permissible within the EU and international legal framework.

A possible draft law for the regional pilot projects (Pillar 2) will likely be coordinated with the European Commission and EU member states as part of a notification process.

Medical Cannabis

Will medical cannabis continue to be available by prescription in pharmacies?

Medical cannabis will be clearly distinguished from cannabis for non-medical purposes in legal terms. It will therefore not be regulated by the Cannabis Consumption Law but by a separate Medical Cannabis Law. The existing regulations for medical cannabis will largely remain unchanged. Medical cannabis will continue to be prescribed as a medicine under the applicable social law requirements. In the future, however, a special prescription for narcotics will no longer be required; a regular prescription will suffice.

Will the law allow any company to grow medical cannabis?

Companies wishing to grow medical cannabis will still require a permit from the Federal Institute for Drugs and Medical Devices (BfArM). However, an EU-wide tendering process will no longer be required. The pharmaceutical quality requirements under drug law and the prescription requirement will remain in place.

Will the Cannabis Agency continue to buy and distribute the medical cannabis grown?

In the future, companies that grow medical cannabis will be allowed to market and distribute their harvest themselves. They will be subject to oversight by the Federal Institute for Drugs and Medical Devices (BfArM) and the relevant state authorities. The BfArM will conduct regular inspections of companies to ensure the safety and control of medical cannabis cultivation in Germany.

Will clinics, doctors’ offices, pharmacies, and transport companies have to comply with special requirements for prescribing and dispensing medical cannabis in the future?

In the future, the special requirements for prescribing and securing measures that apply to narcotics will no longer apply. Medical cannabis will be treated like a prescription drug that is not a narcotic. The obligations for record-keeping and reporting by permit holders to the Federal Institute for Drugs and Medical Devices will remain in place under Section 16 of the Medical Cannabis Law.

Do companies that handle medical cannabis still need to appoint a narcotics officer and report them to the Federal Opium Agency?

Companies will still be required to appoint a responsible person with the appropriate qualifications. This person must be reported to the Federal Institute for Drugs and Medical Devices (BfArM) when applying for a permit.

Are there changes regarding the reimbursement of medical cannabis by statutory health insurance? Are there special regulations for CBD products with a very low THC content?

Medical cannabis will continue to be reimbursed according to the social security law requirements. Cannabis in the form of dried flowers or extracts in standardized quality will remain prescribable, provided it contains a THC content of at least 0.3% as determined by the German Pharmacopoeia. Cannabis with a lower THC content is excluded from coverage under Section 31(6) sentence 1 of the Social Code, Book V.

Road Traffic

What should people who consume cannabis be aware of when driving in the future?

Every participant in road traffic must be fit to drive to ensure road safety. The Federal Ministry of Digital and Transport (BMDV) has reviewed scientifically based THC limits in the blood. An interdisciplinary working group of experts in medicine, law, and traffic was established in December 2023 to determine these limits. On March 28, 2024, the working group made recommendations on a THC limit. Until the corresponding amendment to the Road Traffic Act, the current regulations apply.

Adaptation of the Regulations on Fitness to Drive:

  • The rules on cannabis will be aligned with the legal regulations for alcohol.
  • A driver’s license will only be denied or revoked in cases of cannabis dependence or abuse.
  • Abuse occurs when individuals are unable to safely separate driving from cannabis use that impairs driving ability.
  • After the cessation of dependence (rehabilitation treatment), fitness to drive will be assumed if the dependence no longer exists and one year of abstinence is typically demonstrated.
  • After the cessation of abuse, fitness will be assumed if the change in cannabis use behavior is stable.

Ordering of Assessments:

  • A medical assessment will only be ordered if there are facts indicating cannabis dependence.
  • A medical-psychological assessment will be ordered if there are facts indicating cannabis abuse, repeated violations of traffic laws under the influence of cannabis, the driver’s license has been revoked due to abuse, or it needs to be determined whether abuse or dependence no longer exists.
  • A medical-psychological assessment may no longer be ordered based on occasional cannabis use combined with other doubts about fitness to drive.

Special Regulations for Medical Cannabis:

  • For prescribed medical cannabis, the above regulations apply, with the restriction that a medical or medical-psychological assessment can only be ordered if there are signs of abusive use (regular excessive use) or signs of impaired performance despite proper use.

These measures are intended to ensure road safety despite the legalization and prescription of cannabis.