As the global push for cannabis legalization spreads, Germany could become the next nation to legalize cannabis for recreational purposes in 2024. Germany has planned cannabis reform for many years, but many feared the European Union could block the government's plans.
The legalization must comply with European Union regulations, possibly causing issues due to supranational legal frameworks throughout the Schengen Zone.
However, German Health Minister Karl Lauterbach said the European Union has given “very good feedback” during a speech from Brussels on March 14, 2023. As a result, Germany will introduce a bill for cannabis legalization “in the next few weeks.”
The Health Minister stated: “We will soon present a proposal that works, that is, that conforms to European law."
The minister is also hopeful that the proposal will make cannabis usage safer and reduce drug-related crime in Germany. He added: “We will achieve those goals.”
The German government will likely base the bill on the plan to legalize adult-use cannabis, which they approved in October 2022, after hearings with various stakeholders and experts.
Although the bill has some cannabis restrictions, such as THC limits, it would make Germany one of the first European nations to decriminalize cannabis.
Germany’s initial plan proposes various restrictions, including a 30-gram limit on weed possession for adults over 18.
In addition, the plan enables growers to cultivate up to three plants at home and allows licensed pharmacies and stores to sell cannabis products throughout German cities and towns.
However, cannabis sold to adults over 21 cannot exceed 15% THC. And for those between 18 and 21, the THC limit would be 10%.
Many argue that selling cannabis below 15% THC will lead to fewer health benefits and side effects. In North America, most weed strains exceed 18%, with some more potent strains including up to 30% THC.
Similarly, the government will prohibit the marketing and advertising of marijuana products nationwide, and cannabis entrepreneurs must build dispensaries away from schools and youth facilities.
Some experts believe the excessive restrictions Germany has proposed on a legal market—including a ban on cannabis marketing—may fail to end the illegal market, which is one of Germany’s most prominent goals.
And in a potential blow to international cannabis exporters, the plan would make it mandatory for German cannabis dispensaries to sell domestically-grown cannabis.
Therefore, German companies couldn’t sell cannabis grown in North America for recreational purposes, crushing hopes of a lucrative export market for North American cannabis businesses.
The biggest hurdle to legalization is international and European laws. Germany may need to change their current legal framework for full cannabis regulation in the European Union.
For instance, the Schengen Convention of 1985 and the EU Framework Decision 2004/757/JHA at the European Union (EU) level state that member states must prevent illicit drug trafficking.
Failure to comply with these guidelines could cause financial sanctions and legal proceedings in the European Court. Also, various international treaties—such as the 1961 Single Convention—are incompatible with the plans for Germany cannabis legalization 2023.
Germany is currently awaiting approval from the European Commission, but the Health Minister stated the government would make some revisions to conform with European regulations. German officials are yet to declare what those changes will be.
However, according to the German government, they’re constantly in consultation with the European Union to find a resolution.
Germany would be one of the first nations in Europe to decriminalize cannabis. Currently, Malta is the only European nation to have fully legalized marijuana in 2021.
Many people wrongly believe that marijuana is legal in The Netherlands. Though it’s possible to consume cannabis in coffee shops nationwide—cannabis isn’t federally legal in The Netherlands.
It’s against Dutch law to possess more than 5 grams of cannabis and 5 cannabis plants for personal consumption.
Likewise, selling soft drugs, including cannabis, is a criminal offense in coffee shops, but the Public Prosecution Service does not prosecute coffee shops.
The country will also ban cannabis in Amsterdam’s world-famous Red Light District—De Wallen—due to the new restrictions going forward.
However, cannabis is legal for recreational use in the following nations:
Canada
Thailand
Mexico
Georgia
Uruguay
South Africa
Cannabis isn’t federally legal in the United States but is legal for recreational purposes in 21 states.
Marijuana is still illegal for recreational purposes in other major European economies, such as the United Kingdom and France. Medical cannabis and CBD are legal, albeit with restrictions, in much of Europe.
Although the news looks promising, Germany is yet to confirm whether it will successfully decriminalize cannabis. If Germany overcomes European and international legal hurdles, it promises to build a massive cannabis industry starting in 2024.
Germany—the world’s fourth largest economy and the biggest economy in Europe—is also the fourth biggest cannabis market globally, with sales of $873 million in 2022. Germany cannabis legalization 2023 would create a massive cannabis sector in Europe’s most significant market.
Although some nations have taken lighter stances on cannabis, such as Portugal, legal marijuana remains a rarity throughout Europe.
And German cannabis legalization could—and probably will be—Europe’s breakthrough moment.
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