Cannabis Legalisation in Germany 2024: Legal Advice and Services

Germany’s laws and regulations on cannabis possession and use appear to be on the verge of enormous changes as the German parliament has supported a new law to allow the recreational use of cannabis. This decision represents a significant milestone in the nation’s drug policy landscape; however, it is only a partial legalisation of cannabis in Germany. The coalition government’s plans for a controlled release with numerous regulations, and there has been strong opposition in some quarters, particularly with some opposition parties. This move opens doors to new opportunities but also brings forth many challenges.

The legal changes are not yet in force, and issues may arise between now and the implementation of such changes; however, today’s decision is a significant step toward partial legalisation.

As trusted legal advisors, Schlun & Elseven Rechtsanwälte recognise the value of providing comprehensive support to businesses and individuals seeking to understand the complexities of Germany’s evolving cannabis legalisation framework. Our team of lawyers are available to advise clients in Germany and further afield about the opportunities and impact of such a step. Please do not hesitate to contact us directly for specialist legal advice on all matters relating to cannabis in Germany.

Understanding the Proposed Legal Changes

The approved legislation, backed by the German Bundestag (Parliament), introduces a framework for the partial legalisation of cannabis with a careful balance of regulations. This breakthrough signifies a landmark moment in drug policy. The government is seeking to have it come gradually into effect in several steps starting April 1st, but there are doubts about whether this timeframe is realistic. Although it has passed in the Bundestag, it will go to the Bundesrat at the end of March, and the different steps involved with implementing the law could slow down these plans.

Under the proposed legal changes, adults aged 18 and above will be allowed to possess up to 25 grams of cannabis for personal use while also being granted the right to cultivate up to three cannabis plants within the confines of their own homes. This move aims to empower individuals while also fostering a sense of personal responsibility in cannabis consumption.

Moreover, the law paves the way for establishing non-commercial cultivation associations (which have been described as “cannabis social clubs”), providing a unique avenue for collective growth and distribution of cannabis among up to 500 German resident members. A maximum of 25 grams of cannabis per day and a maximum of 50 grams per month may be dispensed per club member. Those under the age of twenty-one can receive a maximum of 30 grams per month, and an upper limit is to be set for their active ingredient content. The membership fees will cover the costs, with an additional amount for each gram dispensed if necessary. Consuming cannabis onsite will not be allowed.

Although the new proposed law in its current state will have limits on how cannabis is distributed, it should become more accessible for companies to grow cannabis for medical purposes in Germany. At Schlun & Elseven Rechtsanwälte, our lawyers are available to advise businesses on potential opportunities within the German cannabis industry.

Recognising the need for criminal justice reform, the legislation includes provisions for expunging previous convictions related to cannabis possession or personal cultivation. Individuals with convictions for possessing up to 25 grams or cultivating a maximum of three plants can apply for deletion from the Federal Central Register. At Schlun & Elseven Rechtsanwälte, our criminal defence lawyers advise on all matters of narcotics offences and are available to advise clients on such issues as they develop.

Restrictions and Regulations within the Proposed Legislation

Despite the liberalisation of cannabis laws, the proposed legislation will seek to impose strict restrictions to ensure public safety and protection, particularly concerning minors. Public consumption of cannabis will be prohibited in designated areas, such as in and near schools, sports facilities, and pedestrian zones until 8 pm. Minors caught with cannabis will be required to participate in intervention and prevention programs to mitigate potential risks. Additionally, an initial assessment of the law’s impact on youth protection will be conducted within 18 months of its enactment.

Furthermore, the market will be strictly regulated, ensuring that it will be relatively challenging to buy cannabis in Germany. There were plans initially to allow licensed shops and pharmacies to sell cannabis, but these concepts are not part of the current legislation. Should the changes be implemented, cannabis will be available through the cultivation associations, with a limited number of members and only be open to German residents.

As it stands, the availability of cannabis through cultivation associations rather than shops will mean that legal cannabis distribution in Germany will be relatively limited, at least from the time of the law’s initial implementation.

Criticisms of the Proposed Law and Doubts over its Future

Some stakeholders have raised legitimate concerns regarding such proposed changes’ implementation and potential impact. These concerns revolve around logistical challenges, potential legal ramifications, and public health considerations.

One major concern stems from the logistical burden placed on the judiciary system. With the legalisation of cannabis, there arises the need to review and potentially expunge many cannabis-related convictions from the past. This process poses a significant challenge to the judiciary, requiring substantial time and resources to ensure fair and efficient law implementation. The sheer volume of cases to be reviewed underscores the complexity of transitioning from prohibition to legalisation and the need for comprehensive legal reforms to manage this transition effectively.

Another critical concern raised by medical professionals is the potential health risks associated with cannabis use. While the legalisation aims to regulate and mitigate these risks, concerns persist regarding cannabis dependency and its adverse effects on brain development, particularly in young users. Medical experts warn that regular cannabis use, especially during the formative years, can lead to dependency and long-term cognitive impairments. As such, there is a pressing need for robust public health initiatives and educational campaigns to raise awareness about the risks of cannabis consumption and promote responsible use practices among the population.

Additionally, there are concerns surrounding potential legal ambiguities and uncertainties arising from the legalisation of cannabis. Questions may arise regarding issues such as workplace regulations, impaired driving laws, and the enforcement of age restrictions. Businesses may also face challenges dealing with the evolving regulatory landscape and ensuring compliance with complex legal requirements. Clear and comprehensive guidance from legal experts is essential to address these uncertainties and mitigate potential legal risks for businesses seeking to operate in the German cannabis industry.

The criticism of the proposed law has reached such a level that some members of the opposition CDU/CSU group have stated that they will revoke the proposed legal changes if they get into government next year.

Why is the German Government Seeking to Implement Cannabis Legalisation

In recent debates surrounding legalising cannabis in Germany, Health Minister Karl Lauterbach has emerged as a vocal advocate for reform, citing various reasons driving the government’s push for legislative change. With the impending implementation of new laws, it becomes imperative to delve into the motivations behind the German government’s decision to pursue cannabis legalisation.

One of the primary objectives cited by Health Minister Lauterbach is the need to combat the black market associated with cannabis. The illegal cannabis trade can be linked to organised crime and pose significant risks to public health and safety. By legalising cannabis, the government aims to undermine the illicit market, thereby reducing criminal activity and ensuring a safer environment for consumers.

Another key rationale for cannabis legalisation is the imperative to protect minors from the harms associated with illicit drug use. Health Minister Lauterbach emphasises the importance of educating young people about the risks of cannabis consumption, particularly highlighting the detrimental effects on brain development in individuals under the age of 25. According to the supporters of the law, legalisation may provide an opportunity to implement stringent regulations that restrict access to cannabis for minors while promoting responsible consumption among adults.

Advocates of the law state that the prevalence of contaminated cannabis products in the black market underscores the urgent need for regulatory oversight and quality control measures. Supporters of the law believe that legalisation offers the opportunity to establish standards for the cultivation, production, and distribution of cannabis, ensuring that consumers have access to safe and reliable products. By legalising cannabis, the German government seeks to protect consumers from the health risks associated with contaminated or adulterated cannabis products.

Legal Support from Schlun & Elseven Rechtsanwälte

Germany’s new proposed cannabis legislation may represent a significant step forward in redefining German drug policy. Through the careful balance of legalisation and regulation, the proposed law seeks to create a framework that promotes individual freedom while safeguarding public health and safety.

As businesses and individuals are faced with the complexities of this evolving legal landscape, it is imperative to seek expert legal guidance from experienced legal professionals. At Schlun & Elseven Rechtsanwälte, our team specialises in providing comprehensive legal support to businesses and individuals with the opportunities and challenges presented by partial cannabis legalisation in Germany. Our attorneys are dedicated to helping clients understand their rights, obligations, and opportunities within the German cannabis industry. We are here to provide tailored solutions to meet your needs.

Please do not hesitate to contact us for expert legal advice and full-service support.