An overview of the regulations of the Cannabis Act in Germany

With the adoption of the Cannabis Act (CanG) in Germany on April 1, 2024, the legal situation for private individuals has changed considerably. The law regulates the cultivation, possession and consumption of cannabis and aims to combat the illegal market and strengthen health and youth protection. Here is an overview of the most important changes:

 

1. Possession and consumption

Private individuals aged 18 and over are now allowed to carry up to 25 grams of cannabis with them and to possess up to 50 grams at home. However, consumption in public is still severely restricted. The established distance rule states that consumption is prohibited in and within a protective zone of 200 meters from the entrance area of ​​cultivation associations, schools, kindergartens, playgrounds, sports facilities and other youth-oriented facilities. To illustrate this rule, an independent team programmed a software called the Bubatz card .

 

2. Cultivation

Every adult is allowed to grow up to three female flowering plants for their own use. Cultivation is subject to the obligation to protect privately grown cannabis for consumption from unauthorized access by third parties as well as children and young people. The trade in home-grown cannabis remains prohibited. Cuttings, however, are not included in this, but are classified as so-called propagation materials. These are currently in a legal gray area and are therefore unregulated.

 

3. Cannabis Social Clubs (CSC)

The law allows the establishment of non-profit cannabis clubs (associations) in which members can grow and consume cannabis together. Also known as cultivation associations. These clubs may have a maximum of 500 members and must comply with strict requirements regarding the protection of minors, data protection, cultivation methods and dispensing regulations. The application for establishment and licensing can be made to the relevant authorities in the states since July 1st, 2024.

 

4. Buying and selling

The purchase and sale of cannabis remains heavily regulated. Licenses for legal sales are only issued under strict conditions to ensure the quality of the product and the protection of consumers. The authorities responsible for this have been set up by the federal and state governments since July 1, 2024. Pharmacies and specialized shops are the primary points of sale. However, they are currently only allowed to sell to cannabis patients. The only option for private individuals and occasional users is to become a member of a Cannabis Social Club (CSC).

 

5. Penalties

The illegal cultivation, possession and sale of cannabis will continue to be prosecuted. Violations of the new regulations can result in heavy fines and, in serious cases, prison sentences. The exact list of fines is determined by each federal state itself.

 

Conclusion

The new cannabis law in Germany represents a significant step towards regulated and controlled distribution. It also provides the first opportunity to move away from a policy of prohibition and towards education and a more socially conscious approach to cannabis. It creates a legal framework for home cultivation and consumption, while at the same time implementing measures to protect young people and combat the illegal market.

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This blog post is intended to provide an initial overview of the new CanG regulations for private individuals. However, this post does not constitute legal advice. The post is merely intended to help you point out the most important changes.

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Sources:

https://www.bundesgesundheitsministerium.de/themen/cannabis/faq-cannabisgesetz

https://www.bundestag.de/documents/textarchiv/2024/kw23-pa-verkehr-cannabis-1003426

https://www.zdf.de/nachrichten/politik/deutschland/cannabis-legalisierung-regelen-deutschland-ueberblick-100.html