This is an English translation. The original Dutch article is authoritative.
There is a lot of confusion and misinformation in the media regarding the status of cannabis regulation in Germany. Although there is frequent talk of “legalisation”, it is important to understand that cannabis in Germany has not been fully legalised, but decriminalised. Below is a detailed overview of what the new regulations entail since 1 April 2024, and what will change from 1 July 2024 regarding “cannabis grow clubs”.
What is permitted now?
Possession and carrying
Since 1 April 2024, it has been legal in Germany to:
- Have 25 grams of cannabis in public with you.
- Possess 50 grams of cannabis at home.
These quantities are intended to facilitate personal use and prevent misuse or large-scale distribution.
Home cultivation
Adults per household are now permitted to grow a maximum of three cannabis plants. This provides the opportunity for personal cultivation, provided certain conditions are met:
- The plants must be stored securely.
- The plants must be kept out of reach of minors.
Consumption
It is permitted to consume cannabis in public, with some restrictions:
- Consumption is not permitted within 100 metres of certain facilities such as schools, sports fields, nurseries, and playgrounds.
Buying seeds
There is a specific rule concerning the purchase of seeds:
- It is permitted to buy seeds via the internet, but only from other European countries. This limits trade and ensures some control over the origin of the seeds.
Restrictions
Despite the easing of rules, there are still strict regulations regarding the distribution of cannabis:
- It is not permitted to give away cannabis or to trade it.
- It is also prohibited to give away plants.
Cannabis grow clubs
From 1 July 2024, “cannabis grow clubs” will be permitted. These clubs are intended to provide a controlled and safe environment for the cultivation and distribution of cannabis. The main rules for these clubs are:
General
- Clubs must be strictly non-profit.
- They may not be located within 200 metres of certain facilities (such as schools, sports fields, nurseries, and playgrounds).
- Only one club is allowed per location.
- A club may have a maximum of 500 members.
Production and distribution
- A club may provide a maximum of 50 grams of cannabis per member, with a maximum of 25 grams per day.
- Members under the age of 21 may only receive products with a maximum of 10% THC, with a limit of 30 grams per month.
- The cannabis must at least be tested for THC content.
- Edibles are not permitted.
Responsibilities
- Persons must be appointed who are responsible for tasks such as drug prevention.
- Consumption within a distance of 100 metres of the club is strictly prohibited.
- Clubs must obtain permission from the municipality to operate.
Sales to non-members
- Clubs may sell cuttings and young plants to non-members, with a maximum of three plants per person.
Uncertainties and strict enforcement
Although the new rules provide some clarity, many details and enforcement issues remain unclear. This leads to differences in the interpretation and application of the rules between the various federal states. Some states, such as Bavaria, have introduced very strict fines and rules, indicating a rigid enforcement policy.
Traffic rules
The rules for driving under the influence of cannabis have not yet changed. The current limit is very low (1 nanogram of THC per millilitre of blood), which practically speaking amounts to almost nothing. However, there is a proposal to increase this limit to 3.5 nanograms per millilitre of blood. This proposal is still under discussion and is intended to make the regulations more realistic and more in line with scientific insights.
Conclusion
Although the media often speaks of the “legalisation” of cannabis in Germany, the reality is that the plant has been decriminalised and strictly regulated. It is important to know the facts and understand the specific rules and restrictions currently in force. The new regulations offer more freedom for personal use and cultivation, but within strict boundaries and with clear restrictions to prevent misuse.
Editorial BCD, 14 May 2024