Germany’s Adult-Use Cannabis Policy Takes Shape: What We Know So Far

LOS ANGELES– Germany is making significant progress in shaping its adult-use cannabis policy, with key details emerging during a recent press conference. While some aspects still require further exploration, here is what we currently know about the initial phase of legalization:

1. Legal age: The legal age for cannabis consumption will be set at 18 years old.
2. Personal possession: Individuals will be allowed to possess up to 25 grams of cannabis for personal use.
3. Personal cultivation: Personal cultivation of up to three cannabis plants will be permitted.
4. Noncommercial cannabis clubs: Noncommercial cannabis clubs will be allowed to operate.

These elements will form the foundation for the initial phase of Germany’s comprehensive cannabis reform. The second phase will involve regional pilot programs for adult-use cannabis commerce, enabling legal purchases for providers and consumers involved in the programs.

Frankfurt and Offenbach have already expressed their intentions to launch such pilot programs, and it is likely that more jurisdictions in Germany will follow suit in the coming years.

The implementation of the second phase will take longer due to the complexities of establishing rules and regulations. However, the separate timeline for the second phase is beneficial as it allows for focused development and preparation, independent of the initial phase of legalization.

Germany is also pursuing a third phase of legalization, which involves seeking approval from the European Union for regulated national sales. Since October 2022, Germany’s Health Minister Karl Lauterbach has been leading efforts to obtain EU approval. However, as of now, the EU has not granted such approval.

Despite the absence of nationwide sales to legal-aged individuals, Germany’s model will be more akin to existing legalization frameworks in other parts of the world than many might anticipate.

Comparisons with Other Legalization Models

• Uruguay: Uruguay became the first country to pass a national adult-use cannabis legalization measure in 2013. The legal age in Uruguay is also 18, and home cultivation (up to six plants) and noncommercial cannabis clubs are permitted. The possession limits in Uruguay differ, with monthly possession and purchasing limits in place.
• Canada: Canada legalized cannabis for adult use, including sales, in 2018, becoming the second country to do so. The legal age is 18 or 19 depending on the province. While Canada offers a wide range of cannabis products nationwide, there are still local commerce bans in some areas and limitations on home cultivation.
• Malta: Malta passed a national adult-use cannabis legalization measure in late 2021. The legal age is also 18, and individuals can cultivate up to four cannabis plants. However, there are no means to legally acquire cannabis other than gifting, with no pharmacy or store sales available.
• United States: Cannabis policies in the United States vary at the state level due to federal prohibition. Legalization models differ across states, with variations in legal age, home cultivation allowances, and sales regulations. Local jurisdictions within legal states may still have restrictions on sales and cultivation.

Evolving Standards for Legalization

The concept of what constitutes “true” cannabis legalization has evolved over time and differs among individuals. Factors such as home cultivation, national sales, and variations in regulations contribute to the complexity of defining legalization.

Germany’s approach to legalization reflects a phased rollout, with a focus on home cultivation, noncommercial clubs, and regional pilot programs. Although the initial phase may not offer the same variety as fully legalized systems, Germany’s pursuit of robust, regulated national sales demonstrates ongoing progress and momentum.

As Germany’s cannabis landscape continues to evolve, it provides valuable insight into the broader European context. With a heavy reliance on home cultivation, gifting, noncommercial clubs, and regional pilots, the anticipated leap towards comprehensive national reform may not be as substantial as initially perceived.

Germany’s initial phase of legalization marks a significant milestone in moving away from failed prohibition policies and toward a more sensible and individual liberty-oriented approach. It serves as a stepping stone towards broader national reform. With rapid developments in Germany and their consequential impact on the continent, staying informed through events like the International Cannabis Business Conference in Berlin will provide valuable insights from industry experts and policymakers at the forefront of global cannabis policy.