Germany’s cannabis reform: A new era for medical and recreational use

Germany embarks on a historic cannabis legislation overhaul

Germany is on the brink of a historic shift in its cannabis policy. The country's traffic light coalition has reportedly agreed on significant changes to the landmark Cannabis Act. This development marks a pivotal moment in European cannabis legislation.

Decriminalisation and home cultivation: A two-part rollout

According to various local media outlets, the proposals are set to be enacted in two phases. The first, starting from March/April 2024, will see the decriminalisation of cannabis and the allowance of home cultivation.

The second phase, beginning in July 2024, will introduce the rollout of cultivation associations. These steps represent a significant shift from the current stance on cannabis in Germany.

Revisions to core elements of the bill

The bill's revisions include changes to the 200m consumption ban, permitted quantities of possession, and, crucially, the framework for domestic medical cannabis cultivation. These amendments reflect a more progressive approach towards both recreational and medical cannabis use.

Implications for medical cannabis production

One of the most notable changes is the abolition of the tender procedure for the cultivation of medical cannabis in Germany. This move will remove the cap on the amount that can be grown domestically, previously limited to just three companies. This liberalisation is a game-changer for the medical cannabis industry in Germany, offering a level playing field for domestic cultivators to compete with importers.

The end of bureaucratic procurement procedures

The elimination of overly bureaucratic procurement procedures has been welcomed by the German Cannabis Business Association (BvCW). This change is expected to have far-reaching implications for the market, potentially impacting domestic importers, the number of new cultivation licenses in Germany, and the global cannabis market.

Controversy surrounding hemp 'Intoxication clause'

Despite the progressive steps, the government's failure to address the 'intoxication clause' for non-psychoactive industrial hemp remains a point of contention. This clause continues to hinder the sustainable hemp industry, with the potential for criminal prosecution still looming over farmers and processors.

Impact on CBD products and industrial hemp

The legal situation for CBD products and industrial hemp is expected to remain unchanged under the new law. This poses a significant challenge for the marketability of these products in Germany, potentially leading to a wave of lawsuits based on the principle of the free movement of goods in the EU.

Revised consumption zones and possession limits

The revised draft of the law proposes changes to the consumption zones and possession limits. Consumption will now be prohibited 'within sight' of schools, playgrounds, and cannabis clubs, a change from the previous 200m radius requirement. Additionally, the permitted possession of home-grown cannabis at one's residence has been increased to 50g, with a two-tiered system for administrative and criminal offences.

Broader implications for cannabis users

This legislative shift in Germany is expected to have a significant impact on both recreational and medical cannabis users. The changes aim to provide clarity and reduce the burden on law enforcement while ensuring the safety and well-being of the public.