German cannabis law passed the Bundestag! FAQ
A note first:
There is not yet a publicly available “consolidated version” of the law in which the 30th co-decided amendments had already been incorporated. The following compilation of the new legal situation is without guarantee. Before taking action, specific actions should be examined independently.
Below the FAQ you can find:
The draft law submitted by the federal government (October 2023) [1]
The comparison draft: resolution recommendation/changes (February 2024) [2]
The voting behavior of individual members of the Bundestag (February 23, 2024) [3]
What happened?
On February 19, 1925, the Republic of Germany (officially “German Empire”) at the 2nd International Opium Conference in Geneva, signed a convention in which “Indian hemp” referred to as the “dried flowers and resin of the female plants of Cannabis Sativa L.” producing, trading and using was fundamentally banned in Europe for the first time.
On February 23, 2024, the members of the German Bundestag voted with 404 yes: 226 no or a “consumer cannabis law”, within the production and possession of certain quantities so-called personal use were legalized again.
In between, millions of people have been harassed for personal use of a plant.
What does the new law say?
The law regulates in 43 paragraphs the new handling of production (cultivation) and possession of cannabis plants, cannabis flowers and cannabis resin for personal use by adults.
Both private cultivation (“home growing”) as well as communal cultivation in cultivation associations and ownership at home and in public spaces are “legalized”.
What is considered “cannabis” in cannabis law?
Now, as is usual within laws, things get a little cumbersome and complicated. However, in order to provide correct information, it is important to use the correct definitions.
According to § 1, cannabis is:
"Plants, flowers and other parts of plants as well as resin of the plants belonging to the genus Cannabis, including the herbal ingredients according to number 1 and preparations of all the above-mentioned substances with the exception of ... "CBD" .. "propagating material" .. "industrial hemp" ... "
Plants are considered cannabis, but “propagating material” is excluded. This distinction will become relevant later in the FAQ.
How much cannabis people are allowed to possess?
§ 3 regulates:
(1) Persons who have reached the age of 18 are permitted to possess up to 25 grams of cannabis, in the case of flowers, leaves close to the flowers or other plant material of the cannabis plant
based on the weight after drying, for personal consumption.
(2) In derogation from paragraph 1, persons who have reached the age of 18 are permitted to possess cannabis within the scope of this Act at their place of residence or at their usual place of residence as follows:
1. up to 50 grams of cannabis, for flowers, leaves close to flowers or other plant material of the cannabis plant based on the weight after drying, and
2. up to three live cannabis plants.
In cases of permitted possession of cannabis in accordance with sentence 1 number 1 and paragraph 1, the total amount possessed may not exceed 50 grams of cannabis, in the case of flowers, leaves close to flowers or other plant material of the cannabis plant, based on the weight after drying.
Note: You are not allowed to have 50 grams in the house and another 25 grams in the car.
How much cannabis can you grow and harvest yourself?
§ 9 regulates:
(1) Persons who have reached the age of 18 are permitted to privately grow no more than three cannabis plants at the same time at their place of residence or at their usual place of residence within the scope of this law.
(2) Cannabis from private cultivation may not be passed on to third parties.
Note: You are allowed to have three live plants plus 50g of plant material (“based on the weight after drying”) at your place of residence. There will certainly soon be numerous competent instructions on how to organize this in a timely and legally correct manner to save as much energy as possible. (pre-breeding > flowering > harvest...)
In an earlier draft of the law there was still “private communal consumption”, so now no cannabis can be shared or passed on in private settings. However, the original owner will be difficult to determine if consumed together.
What is “live” and what is “dry”?
There are no further definitions or information on vital signs or residual moisture in the law or in the explanations for the terms “live plants” and “weight after drying”. An exact demarcation will only emerge through judicature (court rulings).
Where do the seeds or cuttings come from?
§ 1 defined as
“Propagative material”: “Seeds and cuttings of cannabis plants”
“Cuttings”: young plants or parts of shoots of cannabis plants that are intended to be used to grow cannabis plants and do not have inflorescences or fruit heads;
§ 4 regulates the “handling of cannabis seeds”. Import is only permitted from EU countries.
§ 20 regulates the “transfer of propagating material” by the cultivation associations: “Growing associations may pass on a maximum of seven seeds or five cuttings or a maximum of five seeds and cuttings in total per calendar month to a person named in paragraph 1 sentence 1 numbers 1 and 2 (members and non-members).”
Note:
Cuttings are therefore not considered “cannabis plants” as propagation material!
Seeds (possibly also propagating material) may be ordered by private individuals within the EU.
From the explanations to § 4:
“The import of cannabis seeds from EU member states for private cultivation and community, non-commercial cultivation of cannabis in cultivation associations is permitted. Paragraph 2 enables the purchase of cannabis seeds by adults within the EU for the purpose of private cultivation and by cultivation associations for the purpose of collective cultivation via internet or other distance selling.
Cannabis seeds may be sent and imported into Germany by post, courier or delivery service within the EU for the purposes mentioned.”
From the explanations to § 9:
“Adults are allowed to grow up to three cannabis plants in their home at the same time, regardless of whether they are male or female cannabis plants. The number applies to each adult person in a household. If more than three young plants per adult person in the same household grow from the propagating material used for cultivation at the same time, the growing person must immediately and completely destroy all cannabis plants in excess of the total number of three, regardless of whether these plants are fruit heads or have developed flowers or not.”
What is a cultivation association?
According to § 1, cultivation associations are
a) registered non-profit associations or
b) registered cooperatives, whose exclusive purpose is the community, non-commercial cultivation and distribution of cannabis for personal consumption by and to members, the distribution of propagation material and the information of members about cannabis-specific addiction prevention and advice;
Note: Essentially, a cultivation association may have a maximum of 500 members with a place of residence or habitual residence in Germany and “may pass on a maximum of 25 grams of cannabis per day and a maximum of 50 grams per calendar month to each member who has reached the age of 21 for their own consumption. Cultivation associations may pass on a maximum of 25 grams of cannabis per day and a maximum of 30 grams of cannabis per calendar month to adolescents.
The cannabis that is passed on to adolescents must not exceed a THC content of 10 percent.”
Adolescents are “persons who have reached the age of 18 but have not yet reached the age of 21.”
There will soon be a separate article on the exact and comprehensive regulations here in the blog.
How many grower associations will there be?
According to § 12, a cultivation association is to be denied permission in accordance with § 11 paragraph 1 if “the pacified property of the Cultivation association... is not suitable because it is within 200 meters of the entrance area of schools, children's and youth facilities or children's playgrounds..."
§ 30 contains the right to issue ordinances: “The state governments are authorized to limit the number of cultivation associations that may receive a permit in a district or an independent city to one cultivation association per 6,000 inhabitants by means of a statutory ordinance. In particular, they should take into account the population-related density per cultivation association as well as aspects of health, child and youth protection.”
Note: Due to the distance regulation and the limitation of the number of growing associations as well as the limit of 500 members, the total number of memberships is limited!
How much THC can cannabis contain?
There is no limit on the THC content for adults in the consumer cannabis law. When passed on to adolescents by cultivation associations, a limit of 10% THC applies.
Why isn't it sold in stores yet?
The coalition agreement originally planned for sales in licensed stores. After numerous discussions about compatibility with EU and international treaties, this project is now: “Stage 2: Regional model project with commercial supply chains”.
“Companies are enabled to produce, distribute and sell recreational cannabis to adults in specialist shops within a licensed and state-controlled framework. With this stage, the effects of a commercial supply chain on health and youth protection as well as the black market can be scientifically examined.” [4]
“Stage 2” does not yet have a timetable and also depends on the future government constellation.
Where can you consume cannabis?
§ 5 regulates:
Public consumption of cannabis is prohibited:
1. in schools and within their sight,
2. in children's playgrounds and within their sight,
3. in children's and youth facilities and within their sight,
4. in publicly accessible sports facilities and within their sight,
5. in pedestrian zones between 7 a.m. and 8 p.m. and
6. within the bordered property of cultivation associations and within their sight.
“Visibility is no longer possible at a distance of more than 100 meters.”
Note: In addition to the general smoking bans (cigarettes...), eating cannabis would also be prohibited within sight of the above-mentioned places. Theoretically.
Why aren't you allowed to take cannabis from abroad?
According to § 2 it is forbidden to “import, export or transit cannabis”
“The import, export and transit of cannabis remains generally prohibited and punishable by law (see Section 34 Paragraph 1 Number 5). This means that the cannabis-related regulatory regimes of other states are taken into account as well as the obligations of the Federal Republic of Germany under European and international law” (Explanations, page 131)
When does the law come into force?
In the adopted version, “the law comes into force on April 1, 2024, with the exception of the regulations that enable community cultivation as well as the transfer and receipt of cannabis and propagating material in cultivation associations. The latter regulations, including the associated criminal and fine regulations, come into force on July 1, 2024.”
Note: There is one final hurdle to overcome. The Federal Council is expected to discuss the law on March 22nd. The law no longer requires approval, but the Federal Council can delay its entry into force through a “mediation committee”. Since some judicial authorities in the federal states have asked for time for an amnesty and reassessment of old punishments to come into force, the start in April is still considered uncertain.
When will this also happen in Austria?
Soon.
[1] https://dserver.bundestag.de/btd/20/087/2008704.pdf
[2] https://dserver.bundestag.de/btd/20/104/2010426.pdf
[3] https://www.bundestag.de/parlament/plenum/abstimmung/abstimmung?id=904
