German Officials Reach Agreement on Cannabis Legalization Bill, Vote Expected Within a Week

Following rumblings that a vote on Germany’s adult-use cannabis legalization bill would be postponed until December, government officials have reportedly reached an agreement on the legislation, with a vote expected within the next week.

According to Forbes, the three parties that make up the German government coalition—the Social Democratic Party, the Free Democratic Party and the Greens—have ironed out the details on regulating adult-use cannabis in Germany, a feat that has been more than a year in the making.

Germany’s initial plans to federally legalize adult-use cannabis leaked to the media in October 2022. The leaked “cornerstone paper” stemmed from a months-long inquiry by Burkhard Blienert, Germany’s commissioner on narcotic drugs, and was being circulated among government officials at the time.

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German Health Minister Karl Lauterbach presented the cornerstone paper on initial plans for an adult-use legalization bill to Chancellor Olaf Scholz’s cabinet last fall, and indicated that the government would only proceed with the proposal if it received approval from the European Union.

Following the subsequent talks between Berlin and the EU’s executive commission, German officials announced in April 2023 plans to revise their approach to cannabis legalization based on the commission’s feedback.

While the initial legalization proposal would have allowed cannabis sales through licensed shops, the revised approach would instead allow for home cultivation and distribution through nonprofit organizations called “cannabis clubs.”

German officials unveiled a draft bill in July that laid out the first pillar of a two-pillar approach to legalization; this included allowing adults 18 and older to possess cannabis for personal use and to grow up to three plants at home, as well as the establishment of the cannabis clubs, where members would be able to receive a limited amount of cannabis. The second pillar of legalization was to roll out regional pilot programs for commercial cannabis supply chains.

While the legalization bill was initially expected to pass the Bundestag and take effect before the end of the year, Bundestag member Carmen Wegge, of the Social Democratic Party, wrote in a Nov. 10 post on X, formerly known as Twitter, that the legislation “will be decided in December. This means that we are not keeping to the schedule. I know this is a huge disappointment for many. That's why this decision wasn't easy for anyone. However, well-designed improvements are in all of our interests.”

The “well-designed improvements” came into focus this week when Kirsten Kappert-Gonther, a health spokeswoman for the Green Party, shared additional details regarding the specifics of the bill with Deutsche Presse-Agentur (DPA), a German news agency.

The latest version of the legislation doubles the amount of dried cannabis that adults can possess from 25 to 50 grams, the news outlet reported. It also reduces the exclusion zone for cannabis consumption around daycare centers, playgrounds and schools from 200 o 100 meters, according to DPA.

Kappert-Gonther also told the news outlet that the criminal penalties for exceeding legal possession limits have been reduced in the latest iteration of the legalization bill; while criminal liability was initially outlined for individuals possessing more than 25 grams, the latest legislation will treat quantities between 25 and 30 grams in public areas and between 50 to 60 grams in private areas as an administrative offense. Cannabis possession will only be considered a criminal offense if the quantities are above those amounts, DPA reported.

Experts from the Ministry of Transport are expected to propose a THC limit for drivers by the end of March 2024, according to the news outlet.

The legalization of cannabis possession and home cultivation will take effect April 1, 2024, Forbes reported, with cannabis clubs likely being established by July 1.

The government coalition is expected to advance the legalization bill through the Bundestag in the upcoming week of the current session, according to Forbes. After the vote, there will be a hiatus of several months before the legislation is considered in the Bundestrat, the legislative body that represents the 16 federal states of Germany.