In Germany, the cultivation of cannabis has attracted a lot of attention in recent years, especially due to the discussions about a possible legalization in the near future. If you are interested in growing cannabis, are a grow beginner or already an experienced grower, you have come to the right place. In this blog we will deal with the current legal situation regarding cannabis cultivation Germany, the upcoming legalization as well as the plans of the Ampel coalition for its implementation. We will start from the current status, March 2023.
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Cannabis cultivation Germany: What are the current rules?
Cannabis cultivation has been prohibited by law in Germany since 1929. The cultivation, production, trade, import, export, purchase and possession of cannabis are illegal and punishable by law. However, the authorities can refrain from criminal proceedings if the amount of cannabis is small. There are different guideline values, which are not binding for judges and public prosecutors. From a THC quantity of 7.5 g, the penalty range is higher.
The BtMG defines the cultivation, possession and recreational use of marijuana as illegal in Germany. Since 2017, medical cannabis has been legalized in Germany. Only physicians have the ability to legally prescribe dried flowers and cannabis extracts. These must be produced in accordance with European Good Manufacturing Practice (EU-GMP) regulations. The cannabis industry in Germany is required to adhere to Good Agricultural Practice and Good Collection Practice (GACP) regulations. This ensures the quality and safety of hemp. If you want to use medical cannabis, you must discuss this with your doctor beforehand to determine if it is suitable for you.
What is cannabis cultivation?
What is legally understood by cannabis cultivation is regulated in Germany in the BtMG. According to this narcotics law, the cultivation of hemp plants without a permit is illegal. The law defines cultivation as all actions required to grow, cultivate or cultivate the plant from seed to harvest. This includes growing cannabis plants for medicinal purposes. Anyone who violates the ban on cannabis cultivation in Germany can be prosecuted.
When will cannabis be legalized in Germany?
The question of when cannabis cultivation will be legalized in Germany is still unclear, and opinions differ. The FDP expects a possible legalization in 2023, whereas the health politician Karl Lauterbach assumes a cannabis legalization in 2024. Especially the FDP is currently advocating for a quick legalization of hemp.
How does the traffic light coalition plan to implement cannabis legalization?
The traffic light coalition (FDP, SPD, Greens) intends to introduce a legalization of cannabis in order to specifically control the sale of cannabis and to levy a cannabis tax. This has already been stated in the coalition agreement. Nevertheless, many unanswered questions still need to be answered before the exact implementation plans can be determined. The question of appropriate regulation in particular is currently still under discussion.
What rules should there be for cannabis cultivation Germany?
In autumn 2022, the traffic light coalition has set the following rules for the legalisation of marijuana. The possession and purchase of 25 grams of hemp per day or 50 grams per month shall no longer be punishable in the future. Legal adults will have the possibility to grow up to three female cannabis plants. Investment in treatment, counselling and prevention with regard to cannabis use is also to be increased. However, the advertising of hemp is to remain prohibited in Germany. In addition to the sale, the commercial cultivation of cannabis is to be regulated and monitored.
Who should be allowed to buy cannabis?
According to current plans for cannabis legalization in Germany, the purchase of cannabis will only be allowed for people over the age of 18. In addition, a THC cap will be set for people under the age of 21. Possession of cannabis for minors will still be prohibited, but will no longer be prosecuted. What the exact laws will look like and who will ultimately be allowed to buy cannabis remains to be seen.
Where can you buy cannabis after it's been released?
The one-stop shop for the acquisition of cannabis is initially to be implemented via so-called "cannabis clubs". These are allowed to cultivate cannabis and distribute it to their members. According to the draft law, you must be of age to join a cannabis club. Also, you can only be a member of one club and cannot join more than one at a time. A maximum of 500 members are allowed per club. They are also allowed to distribute cannabis seeds to their members for self-cultivation, although the number is to be limited to a maximum of seven seeds per month. Cannabis clubs are not allowed to actively advertise themselves.
Will there be a cap on cannabis possession and cultivation?
The legalisation of cannabis cultivation in Germany provides for an upper limit for the purchase and cultivation of hemp. Accordingly, up to three female plants per person may be cultivated on one's own. For possession and purchase, an upper limit per person of 25 g per day and a maximum of 50 g per month is currently being discussed.
Cannabis Cultivation Germany - The most important at a glance:
- In Germany, the cultivation, possession and consumption of hemp has been prohibited by law since 1929
- Since 2017, doctors are allowed to prescribe medical cannabis
- The traffic light coalition has specified the legalization of cannabis in the coalition agreement
- Possible legalization could occur in 2023/2024
- Purchase of cannabis to be allowed to persons of legal age
- The sale is to be made through licensed specialty stores
- There should be an upper limit per person for the cultivation and possession of hemp
- How exactly the legal situation regarding cannabis cultivation will look like in Germany is still unclear