The partial legalisation of cannabis in Germany only covers the consumption and possession of the plant. Import and export continue to be illegal, and this prohibition applies to all EU Member States. However, with the partial legalisation, exceptions for propagating material have been made because propagating material is not to be construed as cannabis according to the legal definition of cannabis.
The law firm Schlun & Elseven advises on ongoing national and international laws, especially the German Consumption of Cannabis Act (KCanG) and the Narcotics Act. We guarantee reliable legal assistance in case of a violation of these laws.
Import of Cannabis Plants to Germany
Since the partial legalisation of Cannabis in April 2024 in Germany, there is a restricted allowance of consuming and possessing cannabis at home or in public. Nevertheless, the purchase of marijuana at an official store is still not possible. In order to buy it, one has to be a member of an authorised “Cannabis Social Club”, which has been put into operation since the 1st of July in 2024. Cannabis social club members at the age of 21 or older can purchase up to 50 gr of cannabis per month. Contrary to the belief of many, it is still forbidden to import cannabis from the Netherlands to Germany. The import of any narcotic falls under Section 2, paragraph 1 Nr. 5 KCanG, which states the prohibition of both the import and export of cannabis. This includes cannabis plants. Cannabis is legally defined in the statute in Section 1 Nr. 8 KCanG. Cannabis plants are explicitly mentioned and are, therefore, qualified as cannabis. Furthermore, the following products are also to be qualified as cannabis:
- Cannabis flowers,
- Other parts of the plant, such as resin belonging to the species of the cannabis plant,
- The herbal substances, so-called cannabinoids.
Cannabinoids are substances that can link themselves to the endocannabinoid system’s receptors in the human body.
The Import of Cannabis- Cuttings and Seeds to Germany
The cuttings of the plant are a different matter. Cuttings are young plants or parts of sprouts of the cannabis plant that can be used for the cultivation of the plant and which do not dispose over flowers- or fruit clusters. The law defines cannabis seeds and cuttings as propagating material and explicitly excludes these from the umbrella term “cannabis”. By implication, this means that cannabis seeds and cuttings are not defined as cannabis and, therefore, are omitted by the above-mentioned prohibition. In section 4, Paragraph 1 KCanG, it is even explicitly ruled that the handling of cannabis seeds is, in fact, allowed, as long as the cannabis seeds are not being used for illegal cultivation. The legal cultivation includes up to three cannabis plants per person. Everything above this is considered illegal cultivation.
Why are Cuttings Allowed in Germany?
It is striking that cuttings that inevitably produce plants later are allowed, while the trade with an already grown plant is forbidden. This differentiation stems from the THC- value. In the justification for the KCanG, it is explained that the cuttings do not carry flower- or fruit clusters and have a THC- value of 0,3 % at most, not leading to a psychoactive intoxicating effect. This could be interpreted as the impact of the THC not being strong enough to even be qualified as a narcotic and, therefore, does not fall within the scope of the offence. This assumption is supported by the fact that neither cannabis seeds nor cuttings are internationally regulated and do not fall under addictive substances according to the international agreement for narcotics. This is why they can be commercially traded in Germany and be sold to individuals or cultivating clubs.
Attention: Exception for Import and Export of Cannabis Seeds
Therefore, cannabis cuttings and seeds can be imported and exported. However, import and export are only permitted within the EU member states. The production of seeds in Germany is not possible. This would again be considered cannabis since only the female plants produce seeds, but they also carry fruit clusters.
In contrast, the production of cuttings is possible in Germany. The mother plant does not carry fruit clusters or flowers and is therefore not considered cannabis, as explained above.
Legal Support by Schlun & Elseven
As soon as the prohibitions of the KCanG are realised, the Narcotics Act (BtMG) also becomes relevant. The latter regulates criminal offences relating to narcotics in Germany, which include cannabis as a partially legalised drug. In the event of offences, Schlun & Elseven will investigate the allegations. In cases where the quantity is outside the legally permitted range but still small, there is a lack of evidence or other circumstances that exclude or cancel punishment; the criminal proceedings could be discontinued. If this is not possible, our criminal defense lawyers will work to ensure that the sentence is kept as low as possible.
The criminal defense team at Schlun & Elseven also advises on current national and international regulations, particularly regarding import and customs regulations and compliance with narcotics law. We also support social clubs in applying for the necessary permits and licences.
Practice Group: Our German Criminal Defense Lawyers
Practice Group:
Our German Criminal Defense Lawyers
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