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The new German Cannabis Law aka German Cannabis Act or CanG has been in force since 1 April 2024. It marked a turning point in German narcotics policy. As always is the case with the laws, it’s long and complex, so I re-read every cannabis law in Germany. Here’s what it looks like for marijuana admirers.
Can I bring cannabis into Germany?
Nope, no chance.
There’s ZERO Tolerance for importing weed into Germany, even if it’s the legally allowed amount. Don’t get carried away by the word ‘import’. It doesn’t just apply to cartels or your friendly neighbourhood drug dealer. It also includes bringing the tiniest amount of weed into Germany.
In the last year alone, there have been several confused tourists who bought weed in the Netherlands and drove into German border only to get caught and fined.
So just internalise these words: Bringing any amount of weed into German borders is a BIG fat no-no.
German laws on cannabis possession in private spaces
- The new German cannabis laws decriminalise the possession of up to 50 grams of dried cannabis in private spaces.
- An adult may grow three cannabis plants in their permanent place of residence. Read more details about growing your own cannabis at home below.
What exactly is defined as a permanent residence?
A permanent residence is where you have been living for longer than six months. In addition to your own home, a nursing home or the home of friends or relatives, for example, can be considered if you are not simply visiting there temporarily or spending your holiday there. Airbnbs, hotels, holiday apartments, hospitals or health resorts are not permanent places of residence. Don’t take your grass there.
What if my neighbours complain about me smoking pot?
According to the Bundesnichtraucherschutzgesetz (translation: non-smokers protection law), the smoke from cannabis products is treated the same as the smoke from e-cigarettes and tobacco products, and vapes for tobacco and cannabis products.
Can my landlords prohibit or evict me for smoking cannabis?
Legally, landlords cannot prohibit the consumption of cannabis in rented accommodation, as this is covered by the German Cannabis Act. However, they can intervene if consumption causes a significant nuisance to neighbours.
- Cannabis consumption is permitted on balconies as long as it does not cause excessive nuisance. Your neighbours’ mileage may vary.
- Cannabis should not be consumed in shared spaces such as hallways or stairwells out of consideration for neighbours, especially children.
- If there is a strong odour in the hallways or other shared spaces, neighbours can request the landlord to take action.
Are there exceptions for medical cannabis in cases of cannabis smell?
Special regulations do indeed apply to medical cannabis, even when it comes to odour nuisance. If you consume cannabis under medical prescription, you have the right to use it in your home.
However, this does not release you from the obligation to be considerate to your neighbours. You should still try to keep the smoke or stench to a minimum, for example, by ventilating or using air filters.
In the event of complaints, your medical need serves as a strong argument, but it is advisable to communicate openly with neighbours and landlords and find a compromise together. In extreme cases, a court may have to weigh your right to medical treatment against your neighbours’ right to undisturbed living conditions.
Recommended Reading: How to find a lawyer in Germany
Can I grow weed at home in Germany?
The new German Cannabis Act has some rules about growing weed at home.
- Adults who have been residing in Germany for at least six months may cultivate up to three cannabis plants at the same time at their permanent residence for personal consumption.
- The number of three cannabis plants applies per adult person in a household. So, two adults may grow up to six plants.
- Cannabis seeds may be imported from EU member states for private home cultivation. You can buy seeds via online shops, and shipping cannabis seeds to Germany is permitted.
- Cannabis from private home cultivation serves the purpose of personal consumption and may not be passed on to third parties. This means you cannot offer some of your extra homegrown weed to your mates.
- Appropriate safety precautions must be taken to protect cannabis, cannabis plants and cannabis seeds grown for personal use from access by children, adolescents and third parties. This can be achieved by storing cannabis plants and harvested hashish and marijuana in locked cabinets or rooms.
German laws on cannabis possession in public spaces
- The new German cannabis laws decriminalise the possession of up to 25 grams of dried cannabis in public spaces.
- Here are the key restrictions of public consumption of cannabis:
- No consumption around minors (people under the age of 18);
- No consumption in pedestrian zones between 7 am and 8 pm;
- No consumption in schools, children’s and youth facilities, on children’s playgrounds and in publicly accessible sports facilities.
- No consumption within sight or a distance of 100 metres from the entrances of the above-mentioned facilities.
- No consumption in public federal facilities and public transport.
- No consumption in military zones of the Bundeswehr.
PRO TIP: Use Bubatzkarte or verbotszonen apps to track safe zones to consume cannabis in Germany.
Rules on the road
- According to the new amended German Road Traffic Act, the new THC limit of 3.5 ng/ml THC in blood serum applies from 22 August 2024.
- As cannabis is broken down slowly in the body, a urine test can be ‘positive’ during a traffic check, even when it was consumed days ago.
- If you are driving, it is illegal to be under the influence of alcohol AND have a THC level of 3.5 ng/ml or more in your blood.
Or to put it another way: Mixing alcohol and weed while driving is completely prohibited!
Rules at the workplace
The German Social Accident Insurance (DGUV) argues that alcohol and cannabis consumption should be treated equally in the workplace and in educational institutions. In both cases, consumption that can lead to hazards must be excluded (ZERO alcohol and ZERO cannabis at work and education (dguv.de)).
What are cannabis clubs in Germany?
In the new German Cannabis Act, the German government has legalised community weed cultivation in cannabis clubs.
What are cannabis clubs?
Cannabis clubs are your good old German Vereins, whose purpose is the joint cultivation of cannabis for personal consumption by their members and as well as the distribution of seeds and cuttings to their members.
Who can become a member of a growers’ association?
Only adults who have been residents of Germany for at least 6 months may become members of a cannabis club.
How much cannabis can I receive as a member of my cannabis club?
- Distribution of weed in cannabis clubs is only permitted in pure form, i.e. in the form of marijuana (dried flowers and near-flowering leaves of the cannabis plant) and hashish (secreted resin of the plant) to adult members for personal consumption.
- The Adult members of cannabis clubs can receive up to
- 25g of cannabis per day or 50g of cannabis per month for personal use, and,
- 7 cannabis seeds or 5 cuttings per month for personal cultivation.
- The adolescent members up to the age of 21 may obtain a maximum of 30g of cannabis per month for personal use with a limited THC content of 10 per cent.
What is medical marijuana (Medizinalcannabis)?
The consumption of medicinal cannabis in Germany is legally separated from recreational cannabis. Medicinal cannabis is not regulated in the Consumer Cannabis Act, but in a separate Medicinal Cannabis Act.
The existing regulations on medicinal cannabis remain essentially unchanged. Medical cannabis may continue to be prescribed as a medicinal product, and a regular prescription usually suffices.
When am I breaking the German Cannabis Law?
Possession of
- more than 30 grams of cannabis outside private spaces, or
- more than 60 grams of cannabis at the place of residence or
- more than three live cannabis plants
is punishable under Section 34 (1) No. 1 KCanG. This applies to adults as well as adolescents.
Anyone who possesses more than 25 grams and up to 30 grams outside, on the road, at a friend’s house, in a hotel, etc., is committing an administrative offence.
What are the penalties for violating the German Cannabis Law
- Possession of more than 30 grams of cannabis or 60 grams of cannabis at one’s place of residence is punishable by a prison sentence of up to three years.
- Possession of more than 25 grams up to 30 grams of cannabis or more than 50 grams up to 60 grams of cannabis at one’s place of residence, on the other hand, is punishable as an administrative offence with a fine.
Featured Image by Shelby Ireland on Unsplash
