Walking through the streets of Germany carrying up to 25 grams of marijuana for personal use ceased to be a crime this Monday (1st). The new legislation that partially decriminalizes the use of cannabis in the country was approved by the Federal Council on March 22 and came into force today. Now, it is also allowed to possess up to 50 grams of weed indoors and cultivate up to three cannabis plants for self-consumption.
The change in drug policy was taken by the Federal Government after identifying that, even with the prohibition of acquisition, possession and consumption, the use of marijuana is a reality within the country: “The consumption of cannabis, which is obtained in the irregular market, is often associated with an increased health risk, as the THC content is unknown and may contain toxic additions, impurities and synthetic cannabinoids, the potency of which cannot be estimated by consumers”, argues the public administration.
The government also highlights that the objective is not to create incentives to expand use, but to curb organized crime and reinforce the protection of children and young people. The new law prohibits the possession or consumption of marijuana near minors under 18 and in pedestrian areas between the hours of seven in the morning and eight in the evening. Smoking is also not permitted in schools, facilities for children and young people, children’s playgrounds and publicly accessible sports facilities, with a minimum distance of 100 meters from these places.
From July 1st, self-cultivation of cannabis will be regulated in associations aimed at those who prefer not to grow the plant at home. The government determined that the operation of these groups will be carried out under strict guidelines, limiting the number of members per association to 500, prohibiting children under 18 years of age, and ensuring that members of the associations actively participate in cultivation, preventing on-site consumption. Furthermore, participants must be residents of Germany for at least six months.
According to the rules, the sale of cannabis remains illegal. Delivery must be made by the associations, not exceeding 25 grams per day, with a maximum of 50 grams per month. Adults between 18 and 21 years old will be able to collect a maximum of 30 grams in 30 days. The product must be in pure form. Authorizations to participate in associations will be granted by a competent authority to be defined by the federal government.
The government plans to implement a second pillar in the future with the creation of regional model projects with commercial supply chains, but there is still no established deadline. According to a survey carried out in 2021 and used by the German government, at least 4.5 million adults had used cannabis in the previous 12 months, the majority aged between 18 and 24 years old.
If a user is caught with an amount exceeding 25 grams but up to 30 grams, it will be considered an administrative offense. The same punishment applies to anyone who possesses between 50 and 60 grams of dried cannabis at home. Higher amounts are subject to more severe punishments. Anyone who sells or transfers cannabis to minors will have a prison sentence increased from one to two years.
