Cannabis Legalization in Germany: Exploring the History & New Laws

Germany has permitted medicinal cannabis use under strict regulations for many years, but the recent full legalization represents a monumental step forward in cannabis policy reform for both medical patients and recreational consumers.

STIIIZY proudly advocates for the full legalization of cannabis both domestically in the USA and globally. We are therefore thrilled to see this progress towards comprehensive cannabis legalization in Germany. 

The History of Cannabis in Germany

Germany has a long and complex history with cannabis, defined by a shifting legislative landscape and evolving societal attitudes. According to Christian Rätsch's book "Marijuana Medicine: A World Tour of the Healing and Visionary Powers of Cannabis," ancient inhabitants of Central Germany have been utilizing cannabis and hemp seed since approximately 5500 BCE. 

Evidence of this practice was uncovered in the ashes of a funerary urn unearthed in Wilmersdorf. This historical insight underscores the long-standing cultural influence of cannabis in the region of Germany since pre-modern times.

The modern history of cannabis in Germany starts around the early 20th century when recreational cannabis was first prohibited in the country under the Opium Act of 1929, primarily driven by international pressures and concerns over drug abuse. This initial prohibition and classification as a narcotic set the tone for decades of strict drug policies, placing cannabis within the category of illicit substances.

Throughout the latter half of the 20th century, cultural attitudes towards cannabis began to undergo a significant change in Germany and abroad. The 1960s and 1970s saw the rise of counterculture movements in Germany, with cannabis emerging as a symbol of rebellion in the country. This cultural shift spurred a number of protests advocating for the legalization of cannabis that persisted until modern day.

Medical Cannabis Laws in Germany

In March of 2017, Germany took its first significant step towards cannabis reform with the introduction of the new law,  "Cannabis as Medicine," a legal medical program under strict rules and for seriously ill patients with "no therapeutic alternative". 

This marked a pivotal moment in the country's approach to cannabis, acknowledging its therapeutic potential while maintaining stringent regulatory controls. Over the years, the medical cannabis program in Germany has expanded, providing access to cannabis-based medicines for patients suffering from various conditions, including chronic pain, multiple sclerosis, and epilepsy.

The legalization of medical cannabis in Germany was driven by growing recognition of the therapeutic benefits of cannabis and the need to provide relief to patients suffering from debilitating conditions. Under the 2017 regulations, patients with qualifying medical conditions can access cannabis products including dried flower, cannabis extracts, and pharmaceutical preparations containing cannabinoids like THC and CBD.

Recreational Cannabis Legalization in Germany

Residents in Germany aged 18 and above will soon be able to gain access to nonprofit "cannabis clubs," each capped at 500 members, starting July 1st. Individuals can purchase up to 25 grams per day or a maximum of 50 grams per month, with a reduced limit of 30 grams for those under 21. Joining multiple clubs will not be permitted, and club expenses will be covered by membership fees, which will vary based on members' marijuana consumption.

The new law legalizes cannabis possession by adults of up to 25 grams, nearly one ounce. In addition to purchasing from registered clubs, individuals will be permitted to grow up to three of their own cannabis plants. Public use of cannabis is now legalized, but is strictly prohibited within 100 meters of the entrance to a playground or school.

The legislation also incorporates an amnesty provision, permitting the review and, in numerous instances, the reversal of sentences for cannabis-related offenses that are no longer deemed illegal. However, the majority of cases requiring reconsideration may unfortunately lead to long wait times and could possibly strain the nation's judicial system. Despite opposition, the law received approval from the current coalition government, composed of Chancellor Olaf Scholz's Social Democrats, the Greens, and the Free Democrats.

When will recreational cannabis be able to be purchased in Germany?

• Announced on April 1st, legal recreational cannabis will be available for purchase starting July 1st, 2024.

Who can buy cannabis in Germany?

• Residents aged 18 and above who are registered members of licensed shops.

Where to buy cannabis in Germany?

• German nonprofit cannabis clubs are each capped at 500 private members and charge membership fees based on a members' consumption amount.

How to buy cannabis in Germany?

• Join a nonprofit cannabis club, pay the associated membership fees and purchase cannabis legally in Germany.

The New German Cannabis Legalization Law in Summary

• Residents aged 18+ can now purchase cannabis legally
• Cannabis sold through nonprofit “cannabis clubs” capped at 500 members
• Purchase limits are 25g per day and 50g per month
• Residents are permitted to grow up to 3 plants
• Public use of cannabis allowed, outside of playgrounds or schools
• Amnesty and reversal of previous cannabis-related offenses

CBD in Berlin and Germany

In Berlin and throughout Germany, CBD products have gained significant popularity in recent years, offering consumers a non-intoxicating alternative derived from the cannabis plant. With the legalization of medical cannabis in 2017, CBD products containing low levels of THC (the psychoactive component of cannabis) became readily available for purchase. These products are legal as long as they contain less than 0.2% THC, adhering to the regulations set forth by the German government.

Consumers in Berlin and across Germany can find CBD products in various forms, including oils, capsules, edibles, and topical creams. These products are commonly sold in Spatis (convenience stores), specialized CBD shops, health food stores, pharmacies, and online retailers. Additionally, CBD-infused beverages and snacks have become increasingly popular in cafes and wellness establishments throughout Berlin, catering to the city's vibrant and health-conscious community.

As the demand for CBD continues to grow, it's likely that Berlin and Germany will see further expansion of CBD and cannabis product availability and diversity, providing consumers with an array of options to incorporate CBD into their daily wellness routines.

Cannabis Legalization in Europe

In Europe, the landscape of cannabis legalization is undergoing significant shifts, with several countries adopting varying approaches to regulation. Germany made headlines in April 2024 by legalizing cannabis for recreational purposes, setting a precedent for others to follow. This move complements the existing trend of cannabis reform across the continent.

Malta led the charge in 2021, becoming the first European Union member state to legalize cannabis for adult-use under the Cannabis Reform Act. This legislation permits individuals to possess up to 7g of cannabis in public and cultivate four plants at home, with purchases facilitated through regulated non-profit cooperatives. Similarly, Luxembourg followed suit in June 2023, legalizing personal possession and home cultivation while restricting public consumption and purchasing.

Switzerland has pioneered pilot programs for cannabis legalization, allowing limited regulated supply through selected points of sale in participating regions. These programs, initiated in cities like Basel, Zürich, and Bern, aim to gather data on consumption behavior and public health effects. Meanwhile, the Netherlands, famous for its "coffee shop" establishments, launched the Wietexperiment in December 2023, permitting licensed cultivators to supply cannabis to select coffee shops in ten cities. This initiative aims to transition these establishments towards selling legal, regulated cannabis products.

As per the European Monitoring Centre for Drugs, cannabis remains the most widely used illicit substance across Europe, with a minimum estimated value of EUR 11.4 billion. With ongoing legalization efforts in several countries, the shift from illicit to legal cannabis consumption presents a significant economic and cultural opportunity. As Europe grapples with the intricacies of cannabis legalization, the policies and regulations governing the plant are expected to undergo continuous evolution.

Recreational Cannabis is Legal in:

• Germany
• Luxembourg
• Malta
• Georgia
• Switzerland (pilot program)
• The Netherlands (pilot program)

Medical Cannabis is Legal in:

• Spain
• Italy
• Austria
• Belgium
• Croatia
• Cyprus
• France
• Portugal
• United Kingdom
• Greece
• Ireland
• Albania
• Slovenia
• North Macedonia
• (+ every country in which cannabis is recreationally legal)

The Future of Cannabis in Germany

The recent legalization of cannabis for recreational purposes in Germany, as of April 2024, marks a significant milestone in the country's evolving relationship with the plant. This legislative shift not only reflects changing societal perspectives towards cannabis but also opens up a realm of opportunities and challenges for both the industry and consumers alike. As Germany embraces recreational cannabis, it is poised to experience a surge in economic growth, with the potential for job creation and tax revenue generation within the cannabis industry.

Looking ahead, the future of cannabis in Germany holds promise for continued innovation and expansion within the industry. With legalization paving the way for increased research and development, we can anticipate advancements in product quality, variety, and accessibility. 

Additionally, as public perception of cannabis evolves and stigma diminishes, we may witness a broader acceptance of cannabis consumption across Germany and beyond.

Worldwide Cannabis Legalization and STIIIZY

Germany's recent move to legalize recreational cannabis marks a significant milestone in global cannabis reform. As the largest country in the European Union to take this step, Germany's decision is likely to influence other nations across the world to follow suit. 

This momentum towards legalization opens up new opportunities for companies like ours, as we advocate for comprehensive cannabis reform in the USA and abroad. As more countries embrace legalization, we at STIIIZY are poised to expand our presence globally, bringing our commitment to quality and innovation to cannabis markets worldwide.

To support this expansion and ensure legal compliance, STIIIZY has appointed Tony Shin as general counsel. Shin brings two decades of experience, including roles as associate general counsel at Aerojet Rocketdyne Holdings and senior legal counsel at Samsung Electronics in Seoul, Korea. Tony’s expertise in advising publicly traded and multinational companies is invaluable as we navigate this important period of rapid growth and exciting legal developments in our industry.

With each step towards legalization, the vision of a world where cannabis is widely accepted grows closer, and we are ready to play a leading role in this transformative journey.