Possession, Use and Personal Cultivation of Cannabis in Germany

The German Cannabis Act (CanG) removes cannabis from the scope of the Narcotics Act (BtMG) in Germany by providing its own regulations for the handling of all cannabis-related substances and substrates. The German Consumer Cannabis Act (KCanG) is significant for consumers. In this context, it is essential to note that cannabis has not been legalised, but only exceptions have been created that are permitted. Nevertheless, criminal liability and corresponding investigation proceedings are possible.

Section 2 KCanG continues to provide as a basis that the

• possession,
• cultivation,
• production,
• trade,
• import, export and transit,
• distribution and transfer,
• procurement,
• acquisition and receipt of

cannabis are prohibited. An offence against Section 2 KCanG following Section 34 KCanG can be punished with up to three years imprisonment. In particular, quantity-based exceptions and age limits apply to possession and cultivation. For the other behavioural alternatives, the KCanG provides for the possibility of a permit.

The extraction of cannabinoids from the cannabis plant is prohibited. An offence against this prohibition can be punished with up to three years imprisonment. The prohibition does not include the extraction of CBD and the extraction to be carried out by cultivation organisations to determine the THC and CBD content in the cannabis passed on, Section 2 para. 2 KCanG.

Cannabis consumption is also legal to a limited extent. Section 5 KCanG provides for prohibitions in this regard, the violation of which constitutes an administrative offence and can be punished with a fine of up to €30,000, Section 36 KCanG.

Since March 2017, it has become easier for doctors to use cannabis to treat patients. Before the law change, a special licence was required for doctors, which is no longer needed.

The German Medical Cannabis Act (MedCanG) has been in force since April 2024. This removes medical cannabis from the scope of the Consumer Cannabis Act (KCanG) in Germany and removes its status as a narcotic altogether. The handling of medical cannabis is made considerably easier by the provisions of the MedCanG. In particular, a prescription for a narcotic is no longer required. Prescriptions can now be issued by a doctor using a regular prescription. In addition, proof of security is no longer necessary in favour of the possibility for the German Federal Institute for Drugs and Medical Devices (BfArM) to issue a security order in justified cases. The dispensing voucher procedure, which is thus a considerable bureaucratic burden, has also been abolished.

Cannabis used in medicine is monitored at a federal level, where the relevant standards must be followed. The BfArM monitors production and importation. This state control ensures that the marijuana used for medical purposes is of the required quality. The illegal smuggling of cannabis can lead to a prison sentence.

As permitted exceptions to the cultivation ban in Section 2 KCanG, Sections 9 and 10 KCanG stipulate that private cultivation is only allowed in Germany if it is carried out by persons who have reached the age of 18. In addition to the age limit, private cultivation may only take place at the person’s place of residence or habitual abode. It is also limited to three cannabis plants. Proceeds from home cultivation may not be passed on to third parties. The transfer is not limited to sales. Passing on to friends and family, whether free of charge or not, is also prohibited. It should also be noted that home cultivation must not cause unreasonable nuisance or disturbance to the neighbourhood. If the requirements for permitted home cultivation are violated, this constitutes a criminal offence under Section 34 KCanG, which can be punished with a prison sentence of up to three years.

In addition to private home cultivation, communal cultivation by cultivation associations – so-called “social clubs” – is also permitted. However, these are also subject to restrictions and requirements.

In Germany, medical cannabis is subject to its own regulations but has been allowed to be cultivated in Germany since 2017. This requires authorisation from the Cannabis Institute in Germany, which is monitored by the German Federal Ministry for Drugs and Medical Devices (BfArM).

The sale of – in legal terms, trafficking in – marijuana is still a criminal offence and can be punished with fines and imprisonment, Section 34 para. 1 no. 4 KCanG.

In such cases, decisive factors can play a role, such as

• the target of the sale – selling to children can lead to more severe penalties,
• the quantity of marijuana sold,
• whether members of a criminal gang carried out the sale, or
• whether there was a violent element to the transaction – possession of weapons at the time of purchase, etc.

Other criminal activities related to marijuana include the smuggling of marijuana from abroad. Smuggling the substance into Germany can also lead to prison sentences of up to three years. Here, too, being part of a gang and smuggling to sell on a commercial level have an aggravating effect, so a prison sentence of up to 5 years can also be imposed.

The German lawyers at Schlun & Elseven Rechtsanwälte advise private individuals and companies on the possibilities in the German cannabis industry, as the sale, import and export of medicinal cannabis is possible and necessary under legally defined conditions.

If you are involved in a traffic accident in Germany, you will usually be tested for driving under the influence of alcohol or drugs. If it turns out that you were driving under the influence of marijuana, the sanctions can range from fines, penalty points and driving bans to a criminal conviction, depending on the facts of the case. If driving under the influence of marijuana leads to a traffic accident in which another person suffers serious injuries or even loses their life, a serious criminal prosecution is regularly to be expected in such cases. The decisive factor for sentencing is if it is a repeated incident within a short period. In the case of repeated incidents, the consequences are generally more severe.

For those who are carrying marijuana while driving, a police stop can be unsettling. However, behave calmly in this situation: irrational behaviour, such as resisting the police with physical force or concealing basic information about yourself, can increase suspicion and lead to far-reaching consequences. Such behaviour can increase the likelihood of being asked to take a test by the police. If you are sober during the police check and confident that you will pass the test, it is advisable to have the basic tests carried out. More detailed tests, such as a blood test, can only be carried out with a court authorisation. For such an order to be issued, there must be considerable suspicion by the police.