Cannabis possession and cultivation will become legal in Germany from April 1 by specific rules.
The Bundesrat approved the controversial plan, after the Bundestag had already approved the corresponding law. According to the law, consumers will be able to obtain cannabis from non-commercial cultivation associations in the future.
In addition, it is planned that adult possession and consumption with restrictions will be exempt from punishment. The penalty for selling cannabis to teenagers will be higher. This article provides an overview of all the essential changes from April 1.
Why is cannabis being legalized?
The partial legalization of the traffic light coalition is intended to combat uncontrolled trade and consumption on the black market and organized crime. In addition, Federal Health Minister Karl Lauterbach (SPD) wants to strengthen the protection of minors, as the policy of the past ten years has not been successful.
Lauterbach points out that drug use among children and young people is twice as high as the number of deaths. “This could not go on. “The study situation shows that we need a new supply here,” I have also been against the legalization of cannabis for years.
What regulations apply to home cultivation and personal use?
- Cannabis has been removed from the list of prohibited substances in the Narcotics Act.
- In the future, adults will be able to carry up to 25 grams of cannabis with them.
- Up to 50 grams or three female flowering plants per adult may be kept at home.
- Exceeding 5 grams (on the way) or 10 grams (at home) will be assessed as an administrative offense. Possession of larger quantities carries a fine or prison sentence of up to three years.
- Adults are permitted to import cannabis seeds from EU member states for their cultivation or to order them online.
Where can consumers legally buy cannabis?
- For the time being, distribution is only possible via non-profit cultivation associations or cannabis clubs, in addition to private cultivation.
- The clubs are permitted to dispense a maximum of 50 grams of cannabis per member per month for personal consumption.
- The minimum age for admission to an association is 18 years. There may be a maximum of 500 members per association. Your place of residence must be in Germany.
- Cannabis may not exceed a THC content of 10%, and members under the age of 21 may consume a maximum of 30 grams per month.
- The clubs must appoint youth protection, addiction, and prevention officers. They are not allowed to advertise. In addition, they must maintain a distance of at least 100 meters from playgrounds, schools, and other children’s and youth facilities.
- Membership in various clubs is prohibited.
- Cannabis consumption in the cultivation clubs is not permitted.
How are minors protected?
The purchase, possession, and cultivation of cannabis is still prohibited for minors, but there is no criminal prosecution. Giving cannabis to minors is still punishable by law. If teenagers are caught with cannabis, it is up to the police to inform the parents and, in challenging situations, to contact the youth welfare offices.
Participation in prevention and intervention programs should be offered to cannabis users under the age of 18. The Federal Ministry of Health has launched an information campaign for this target group.
Will smoking pot be allowed in public in the future?
The consumption of cannabis is prohibited within 100 meters of schools, daycare centers, playgrounds, and public sports facilities. According to the law, it is forbidden to smoke pot in pedestrian areas between 7 am and 8 pm.
Cannabis consumption in road traffic – how is it calculated?
The Federal Ministry of Transport is to propose a limit value for the cannabis active ingredient THC in the near future to establish a regulation similar to the 0.5 per mille limit for alcohol. At present, it is strictly forbidden to travel by car or motorcycle under the influence of cannabis. In the worst-case scenario, there is a risk of driving disqualification, a month-long driving ban, two points in Flensburg, and at least 500 euros in fines.
Is a commercial market also planned?
Yes, but the federal government only wants to regulate this in a second phase, with an additional law currently being drafted. Sales are to be tested in pharmacies or state-approved stores in model regions. It is still unclear which areas will be selected for this. The projects are to be scientifically monitored and run for five years.
What impact do previous convictions and ongoing trials have?
In the federal state of Baden-Württemberg, 21 prisoners will be released on April 1, the state’s Ministry of Justice announced last week. As the new cannabis law includes an amnesty, it is not necessary to impose fines or prison sentences that have not been enforced or are not fully enforced.
In 25,000 cases, it is being investigated whether enforcement should be discontinued. Marion Gentges (CDU), the Minister of Justice of Baden-Württemberg, would have been satisfied with postponing partial legalization. There is also the possibility that corresponding entries in certificates of good conduct are missing. This is because it should be possible for those affected to apply to join the Federal Central Register.
Control of the new cannabis law: How?
The police unions are concerned about a high control burden. In addition, a spokesman for the Aalen police headquarters (Ostalbkreis) said this week that he expects an increase in manpower. Many questions are basically still unclear, and the observer or the observer often sees the distance to schools. With rolled joints, it is difficult to determine how many grams someone is carrying. The Ulm Police Headquarters also wanted to increase its educational work.
What consequences will there be from April if the cannabis law is violated?
Fines and prison sentences can be imposed for violations of the new regulations. The maximum penalty for people who possess more grams than permitted is up to 30,000 euros. Those who administer the drug to minors could even go to prison. A prison sentence is also threatened if more than the three plants permitted at home or a larger quantity than 60 grams and 30 grams are on the move. Consumption in the prohibited zones is up to 30,000 euros. The police must inform parents if children and young people have and consuming plants. It is also possible to involve the youth welfare office or order participation in prevention programs. Young people also face criminal prosecution.
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