German Cannabis, Reform on the Way
Rob Sanchez
In Germany, cannabis litigation has been moving forward this year after some big moves were made last year to prepare. Having a 50% German heritage myself (thanks to Grandpa Ronnebaum), I've been keeping an eye on things over there. When the German cannabis industry gets started, I look forward to helping them build, implement and use software. What is the state of cannabis in Germany today and what are the plans for the future? My goal today is to answer that question. It is important to keep in mind that I live in Las Vegas and that I do not speak German, so please feel free to correct me if necessary.
Although cannabis is technically illegal in Germany, their medical cannabis industry is booming which is similar to Colorado or Oklahoma's medical industries before they went recreational. A person who is caught with cannabis in Germany is subject to up to five years in prison under the German Federal Narcotics Act (Betäubungsmittelgesetz, say that three times fast!). The catch here is that "using" cannabis is not listed as a crime. Thankfully the law there tries to find alternatives before persecution with a “treatment before punishment” style that results in many cases getting canceled for various treatment protocols instead and prosecuting only when minors may be involved or where the public would benefit from it.
It seems that the limit to what can be possessed is a "small amount" that was at first loosely defined across the country. The small amount is ~7.5 Grams of THC, not cannabis total. Folks generally have to keep consumption private to avoid any intent to sell type accusations. Also, there is a loosely defined quantity of THC for "personal use" that varies from 6 to 15 grams. It is evident that more solid definitions and plans are needed. As far as selling and growing are concerned, you are unable to do so in Germany, those are more serious crimes.
When CBD contains less than .2% THC, it is legal in the EU. As a result, some CBD products can be sold, but there are a lot of gray areas. Things were cleared up in 2017 when Germany introduced medical cannabis laws. In their first year, they reached over 40k patients. It's really cool to see that health insurance companies are covering medicinal cannabis as well, but only drugs such as Sativex, Dronabinol, and Nabilone. Patients can purchase flower at pharmacies at their own expense. Due to the lack of an industry, Germany imported most of its cannabis from Canada. This resulted in Germany ramping up their own production in the last few years due to supply shortages. How about hemp, you ask? After being banned in the 80s, it was reinstated in the mid-90s to make Germany one of the top producers of the EU.
German officials visited California in winter 2022 and drafted a plan to decriminalize cannabis nationwide. Adults 18 and older can purchase and consume up to 30 grams of cannabis and grow three plants at home. Initially, it seems pretty awesome. Germany, being the good sports that they are, didn't want to do anything drastic that would violate international drug control obligations so they submitted thier plan to the EU for Review. Due to the 1961 treaty, Germany is also prohibited from scheduling cannabis lower than 1 or 2. The UN has even examined the US approach to allowing states to legalize, some say it violates the treaty.
German officials are very pleased with the EU's response to Germany's proposal, according to Health Minister Karl Lauterbach. The initial plans will change a bit, so we'll see what happens. They also plan to suspend and close all criminal proceedings related to cannabis offenses made legal by the new laws. Besides a sales tax, they're planning a special consumption tax to make a pretty penny. There have been instances in the states where illicit markets have gained a competitive advantage over legal markets when taxes are too high.
This is the current proposal, before unknown changes are made due to the EU’s review of the legislation:
Legal age of 18 years old
20-30 gram possession limit
Regulated outlets
Prohibition on advertising
No cap on THC percentages
Cultivate up to 3 plants per adult household
Remove cannabis from Germany’s Narcotics Law
At the time of writing, the Bundestag Health Committee is discussing a more radical legalization bill. With this bill, the Green party in Germany wants to speed up the end of prohibition. Similar to NORML in the US, they've been fighting this for quite some time. According to what I have found out, it will be rejected to wait until the revised changes to the federal government's plans are finalized. Germans and the rest of the EU will have to wait a little longer, but they remain optimistic. There are many government segments that have already spoken out in support of decriminalization. It is sure to be a busy year for the international Cannabis Conference in Berlin, especially if Karl Lauterbach and company announce anything beforehand.