European Union member states tend to be very conservative when it comes to cannabis legalization. With a few exceptions, most member states prohibit cannabis altogether. Other countries decriminalize cannabis and a handful have adopted modest medical marijuana programs. Germany, the EU’s biggest economy and arguably most influential nation, has been on the path towards recreational cannabis legalization for a few years now. And yesterday, it finally let loose with how it intends to regulate cannabis.
The German government
A few things bear mentioning before jumping into Germany’s legalization plan. As someone who speaks German and has spent a lot of time in Germany, I can say that the German government is both highly regulated and rolls out new programs in a slow, conservative manner. You might be able to figure that out if you’ve followed German’s cannabis legalization efforts, which have been ongoing for a few years.
Additionally, Germany has a federal parliamentary system where a number of smaller parties team up to form governing coalitions. Until relatively recently, the leading coalition in the Bundestag (parliament) was between the SPD (social democrats) and CDU/CSU (conservatives, but more towards the center than U.S. republicans). Without getting into German politics, that coalition didn’t withstand the test of time, and the emerging coalition in 2021 was the FDP (sort of like U.S. libertarians), Greens, and SPD. Imagine a team like that in the United States!
Why Germany’s coalition government is important is because the leading coalition there has lots of dissenting views on how cannabis should be regulated, and the plan has changed over time. If you want to take a look at what the proposals were just six months ago and how much they differed from the current cannabis legalization plan, take a look at our post here. One thing they all seem to have agreed on (like in the U.S.) is that prohibition is a failure that leads to overcriminalization, and that a regulated market provides safer product to consumers.
Germany’s new cannabis legalization plan: part 1
With all of this in mind, Germany’s new cannabis legalization plan is pretty modest in how it will incrementally lead to legalization. Interestingly, it looks nothing like the U.S.-based model in any state I am familiar with. Germany will roll out adult-use cannabis legalization in two steps. First, adults will be able to grow certain quantities of cannabis themselves, or as part of non-profit associations. In the second step, the state will license commercial shops for a limited time, so it can study the effect on youth, the illegal market, and more. Let’s unpack some points in detail below.
Here’s what the plan has to say about phase 1 of Germany’s cannabis legalization plan. Non-profit associations will look a lot like the early days of medical marijuana in California. German residents over 18 will join these “closed loop” associations for basic membership fees (to cover costs) to cultivate cannabis and give it away to other members. People can join just one association, which will be maxed out at 500 members and may be limited by density (sort of like undue concentration in certain U.S. states). Associations must be led by approved individuals and may have employees. State governments will have authority to issue fines or penalties and oversee and regulate associations. Based on my read of the text, I expect regulations to be heavy on associations for things like record retention, security, reporting, and much more. Associations can’t buy cannabis elsewhere in Germany, or import/export cannabis from or to other countries.
Germany will impose daily limits (25g), monthly limits (50g, but 30g/month for people under 21) for harvested flower. Associations will also be able to give seeds (up to 7/month) and clones (up to 5/month) to members, who can have up to three plants at any given time. The state will also examine whether they can sell seeds or clones to non-members at cost, so they can cultivate personally without having to join an association.
Eventually, regulations will also set THC limitations, but that’s a battle for another day. For now, we do know that Germany will prohibit associations from advertising in most cases, as well as from using synthetic cannabinoids, tobacco, certain flavors, and other additives. It will also regulate pesticide use, product types, labeling, and more, but more details of that will come later.
Within four years after implementing the first phase of German cannabis legalization, the country will reevaluate the plan and consider making changes to the law to protect youth and reduce the illegal market.
Germany’s new cannabis legalization plan: part 2
Now let’s look at the second part of Germany’s cannabis legalization plan. As mentioned, this phase will see licensed dispensaries where cannabis can be sold for recreational purposes, with the state studying the operability of these facilities. There’s not nearly as much detail for this phase as for the association phase. This phase will last just five years. Unlike with the association model, where only flower and concentrates may be produced, these dispensaries might be able to sell edibles. This point is still subject to further studies on youth prevention.
More to come
Keep in mind that this plan is not the final stop. The government is supposed to release a draft of the implementing laws for the first phase later this month. Sometime after that, we’ll get more information on the second phase. So while we have some general terms now, a lot of specifics need to be hashed out. For now, stay tuned to Canna Law Blog for more news on German cannabis legalization.
