Frequently asked questions on the Cannabis Act

Yes. The Act stipulates that after its entry into force, it shall be evaluated with regard to its impact on society. As early as 18 months after the Act has entered into force, an initial evaluation is to be conducted to examine the impact on child and youth protection in the first year, including the impact on children’s and juveniles’ patterns of consumption. In addition, an evaluation is envisaged of the quantities for possession as well as for passing on cannabis in cultivation associations. An interim report on the Act’s impacts, including on cannabis-related organised crime, which will also draw on the expertise of the Federal Criminal Police Office, is to be submitted two years after the Act has entered into force. After four years, a comprehensive final evaluation is to be submitted.

The aim is to undercut the black market and enable safe access to cannabis for consumers by providing the legal option of cannabis self-cultivation in the Cannabis Act.

The Cannabis Act enables private self-cultivation. In addition, non-commercial cultivation associations may, under narrow, clearly defined legal conditions including – in particular, the active participation of their members – cooperatively cultivate cannabis and pass it on to members for personal consumption.

At this point, no reliable data are available to the Federal Government as to the amount of cannabis used for non-medical purposes each year.

According to a 2021 survey, 4.5 million adults consumed cannabis at least once during the last 12 months (10.7 percent of men and 6.8 percent of women). Cannabis was consumed most frequently among people aged 18 to 24 years.

How people respond to the various cannabis compounds can differ greatly from person to person and is hard to predict. Relevant factors include individual susceptibility, mood, method of consumption, state of health, mixed consumption and previous experience. The intensity and duration of the effects depend, above all, on the amount of cannabis compounds absorbed. Acute adverse effects that can occur within hours to days after cannabis consumption include feelings of anxiety or panic, disorientation, reduced responsiveness, memory loss, depressed mood, heart palpitations, nausea or dizziness and hallucinations. Long-term consumption may lead to mental health disorders as well as depression and psychosis, in particular in people with pre-existing conditions or increased susceptibility to these conditions. There is also a risk of developing a dependency.

Children, juveniles and young adults up to an age of 25 years are particularly susceptible to the mental, physical and social effects of both long-term and short-term cannabis consumption since their brains are still undergoing a process of continuing maturation. Above all, the cannabis ingredient THC can impair brain development.

There is evidence for a link between cannabis consumption by juveniles and their academic performance and level of education. Cannabis consumers have a higher dropout rate at school, a lower participation rate in tertiary education and fewer academic degrees. These effects increase with early onset of cannabis consumption and higher amounts consumed.

According to recent findings by the law enforcement authorities and customs, the average THC level of cannabis flowers is approximately 14 percent and that of cannabis resin approximately 20 percent.

Improving consumer health protection is one of the primary goals of the whole project. Measures to improve consumer health protection that have been incorporated into the Act include, in particular:

• Limiting private self-cultivation to three cannabis plants per adult.
• Limiting the legal possession of cannabis to a quantity of 25 grammes per adult and to 50 grammes of dried cannabis per adult in the private sphere (residence or habitual abode).
• Cannabis may only be passed on in its pure form, i.e. as marijuana (dried flowers or leaves close to the flowers of the cannabis plant) and hashish (separated resin of the plant), and only in cultivation associations to adult members for their personal consumption.
• Limiting the quantities cultivation associations can pass on to adult members for personal consumption to 25 grammes of cannabis per day and 50 grammes of cannabis per month, respectively, and 7 cannabis seeds or 5 cuttings per month for self-cultivation. Young adults under 21 years may only receive a maximum of 30 grammes of cannabis with a THC level of no more than 10 percent for personal consumption.
• The Land Governments can limit the number of cultivation associations to one per 6,000 inhabitants per district or city not associated with a district.
• Controlling quality and safety through authorisation requirements for and State inspections of cultivation and passing on cannabis in cultivation associations with requirements on protecting young adults.
• Ban on synthetic cannabinoids.
• General ban on advertising and sponsoring with regard to cannabis and cultivation associations.
• Ban on passing on cannabis together with alcohol or other stimulants in cultivation associations.
• Expanding the prevention services offered by the Federal Centre for Health Education (BZgA).
• Providing a central digital platform on cannabis prevention (www.infos-cannabis.de).
• The BZgA providing further training to addiction prevention specialists on cannabis to support the Länder in their addiction prevention responsibilities.
• When cannabis is passed on in a cultivation association, providing counselling by a prevention appointee with proven knowledge of counselling and prevention.
• Obligating cultivation associations to draw up and implement a health and youth protection concept with support from the prevention appointee.
• Cultivation associations may pass on no more than 7 cannabis seeds or 5 cuttings per month to adult non-members for private self-cultivation for personal consumption.
• Requiring documentation and reporting by cultivation associations to ensure the traceability of cannabis and propagation material that are not suitable for passing on, such as contaminated cannabis.
• When passing on cannabis, cannabis seeds and cuttings, cultivation associations provide educational, evidence-based information on the dosage and administration of cannabis and on the risks of cannabis consumption as well as information on counselling and treatment agencies (information leaflets and counselling services available).
• Evaluation of the controlled passing on of cannabis for non-medical use to adults within four years of entry into force and beyond, including an interim report after two years and a first evaluation after 18 months.
• Restrictions on public cannabis consumption: no consumption in the direct presence of people under the age of 18, no consumption in cultivation associations and within the range of vision of their entrance areas, no consumption in pedestrian zones between 7 a.m. and 8 p.m., no consumption in schools, children’s and youth facilities, children’s playgrounds or publicly accessible sports facilities and within their range of vision. It is deemed to no longer be within the range of vision when there is a distance of more than 100 metres from the entrance area of the facilities mentioned above.
• Medical prescription of medicinal cannabis will remain possible.
• Banning smoking and vaporising cannabis in Federal public facilities and on public transport by expanding the Federal Non-Smoker Protection Act (BNichtrSchG) so as to include heated tobacco products, e-cigarettes and products smoked or vaporised in combination with cannabis.

Expanding the scope of the Federal Non-Smokers Protection Act so as to include cannabis products as well as electronic cigarettes and heated tobacco products is a crucial step to ensuring public health protection. The amendment takes account of the increasing spread and usage of novel tobacco products, the consumption of which may be associated with adverse health effects caused by second-hand smoke or vapour. Vulnerable populations, such as children, pregnant people, the elderly and people with chronic diseases, are particularly at risk. Scientific studies have shown that both tobacco and cannabis smoke contain toxic and carcinogenic substances that can be inhaled by people exposed to second-hand smoke. The expansion of the Act will strengthen preventive health protection and protect the general public from the risks associated with second-hand smoke and vapour.

The accident prevention regulation “Principles of Prevention” (DGUV Regulation 1) stipulates that ensured individuals must not, by consuming alcohol, drugs or other intoxicating substances, put themselves in a state in which they might pose a hazard to themselves or others (cf. section 15 (2) of the DGUV Regulation 1). This applies to legal drugs, illicit drugs and medicines alike and is unaffected by the legalisation of cannabis.

The employer must not assign to insured individuals tasks that they are clearly unable to perform without causing risk to themselves or others (cf. section 7 (2) DGUV Regulation 1).

In a press release on the legalisation of cannabis, the German Social Accident Insurance (DGUV) argues for equal legal treatment of alcohol and cannabis in the workplace and in educational settings. In both cases, patterns of consumption that might pose risks must be excluded (ZERO alcohol and ZERO cannabis at work and in education (dguv.de - German only)). In view of the legalisation of cannabis, providing comprehensive information is also important in workplace settings. Company regulations (particularly works or service agreements on addiction prevention) may also be helpful.

No. The purchase, possession and cultivation of cannabis remain prohibited to minors. The passing on of cannabis to children and juveniles is prosecuted. Other actions, which are punishable for adults (such as illicit trafficking), are punishable for juveniles, too. If children or juveniles violate the ban, the competent police and regulatory authority is to inform the persons having the care and custody of the child of this breach. If there are significant indications of endangerment to the best interests of the child or juvenile, the competent local youth welfare organisation must also be informed. This organisation must endeavour to ensure that the child or juvenile in question makes use of appropriate early intervention programmes or comparable measures, including those of other service providers.

Measures to improve child and youth protection that have been incorporated into the Act include, in particular:

• In cultivation associations, cannabis may only be passed on to adult club members for personal use and after strict age checks.
• Limiting the psychoactive tetrahydrocannabinol (THC) contained in cannabis that is passed on to young adults aged 18 to 21 years to a maximum of 10 percent and to 30 grammes per month.
• Expanding the prevention services offered by the BZgA.
• Expanding early intervention initiatives for children and juveniles consuming cannabis.
• General ban on advertising and sponsoring regarding cannabis and cultivation associations - including in social media.
• Strict regulation on packaging information about health risks as well as counselling and treatment agencies.
• Not permitting cultivation associations to be located within 200 metres of the entrance area of schools, children's and youth facilities and children's playgrounds.
• Restrictions on public cannabis consumption: no consumption in the direct presence of people under the age of 18, no consumption in cultivation associations and within the range of vision of their entrance areas, no consumption in pedestrian zones between 7 a.m. and 8 p.m., no consumption in and within the range of vision of schools, children’s and youth facilities, children’s playgrounds or publicly accessible sports facilities. It is deemed to no longer be within the range of vision when there is a distance of more than 100 metres from the entrance area of the facilities mentioned above.
• Obligation for adults and cultivation associations to take protective measures when cultivating cannabis to prevent access by children, juveniles and third parties.
• Official surveillance of adherence to youth protection requirements in cultivation associations by means of regular inspections.
• The shipping and delivering of as well as the online trade in cannabis remain prohibited.
• Edibles (i.e. gummy candies or biscuits containing THC, etc.) remain prohibited.
• Making the sale or provision of cannabis to children or juveniles a punishable offence.

• Persons, who have been convicted with final and binding effect of a criminal offence under the Act on the Handling of Cannabis for Non-Medical Use (KCanG) or the Act on the Supply of Cannabis for Medicinal and Medicinal-Scientific Purposes (MedCanG), may not employ or provide training to juveniles.

The consumption of cannabis holds health risks especially for children and juveniles, since the psychoactive substance THC can cause damage to the brain and the human brain is particularly vulnerable before it reaches maturity at the age of 25. This is why the cultivation, purchase and possession of cannabis remain prohibited to minors. Young adults between 18 and 21 years may only receive cannabis for personal consumption from cultivation associations, in which they are members, with a THC level of up to 10 percent and an amount limited to 30 grammes per month. If minors are found to possess, purchase or cultivate cannabis despite the prohibition, it will be seized, stored and destroyed by the competent authority. The persons having the care and custody of the child will also be informed. Information and prevention services for children and juveniles as well as for adults are generally being improved across the board and cannabis-related education and prevention campaigns by the Federal Centre of Health Education are being expanded. In August 2023, the Federal Ministry of Health launched an information campaign for juveniles and young adults that aims to warn the target group about the social and health-related risks of consuming cannabis (www.infos-cannabis.de).

The ban on advertising and sponsoring for cannabis and cultivation associations, the strict age checks in these associations and the minimum distances for cultivation associations and public cannabis consumption from schools and other children’s and youth facilities have been introduced to ensure cannabis consumption is not incentivised for children and juveniles.

The passing on of cannabis to minors still constitutes a criminal offence that is prosecuted accordingly by the law enforcement authorities. Anyone who cultivates cannabis plants for personal consumption is required to continuously protect them - as well as cannabis and cannabis seeds - from access by children and juveniles. If persons having the care and custody of a child breach the prohibition to pass on cannabis to children and juveniles, the current law already provides options for family courts to take measures against them under certain circumstances. Furthermore, children and juveniles may not be given access to the premises of cultivation associations. Strict age checks are to be applied here.

Every adult may possess and carry up to 25 grammes of dried cannabis.

Adults, whose place of residence or habitual abode has been in Germany for at least six months, may cultivate at their residence or habitual abode three cannabis plants simultaneously for the purpose of personal consumption. The maximum quantity of three cannabis plants applies to each person of legal age living in a household.

Adults may simultaneously self-cultivate up to three cannabis plants for the purpose of personal consumption. Any plants in excess of three cannabis or hemp plants are to be completely destroyed without delay. An adult may store up to 50 grammes of dried cannabis for personal consumption at their place of residence.

Cannabis seeds may be imported from EU Member States for the purpose of private self-cultivation. The purchasing of cannabis seeds online or via distance sales and the shipping to Germany are admissible. Furthermore, cultivation associations may pass up to seven cannabis seeds or five cuttings per month on to members of legal age for private self-cultivation if these cannabis seeds and cuttings resulted from cooperative self-cultivation. If both seeds and cuttings are passed on, the total number of seeds and cuttings may not exceed five. In case the cannabis seeds and cuttings are passed on to non-members, the recipients have to reimburse the cultivation association for the costs incurred in their production.

No. Cannabis from private self-cultivation is intended for personal consumption and may not be passed on to third parties.

Appropriate measures and precautions must be taken to protect the self-cultivated cannabis for personal consumption as well as the cannabis plants and seeds from access by children, juveniles and third parties. This can be ensured, for instance, by storing cannabis plants as well as the harvested hashish and marijuana in a lockable cabinet or room. In addition, the cultivation may not cause unacceptable nuisances or disturbances for neighbours. Odour nuisance can be avoided, for instance, by using ventilation or air filtration systems.

Cultivation associations are registered, non-commercial clubs or registered cooperatives, whose purpose is the cooperative, non-commercial self-cultivation and passing on of cannabis and propagation material (seeds and cuttings of cannabis plants) for personal consumption as well as the provision of information to members on cannabis-specific addiction prevention and counselling. They are operated according to the basic principles of the laws governing associations. Other legal forms (such as foundations or companies) are not permissible.

In order to cooperatively and non-commercially cultivate cannabis for personal consumption and pass it on to their members, cultivation associations need an official authorisation. The founding of a cultivation association and its entry in the register of clubs/cooperatives are not sufficient to be allowed to cultivate cannabis.

Cultivation associations may have no more than 500 members, who must all have reached the age of 18 and have had their residence or habitual abode in Germany for at least six months. In addition, cultivation associations must stipulate in their statutes a minimum membership duration of three months. These regulations serve to prevent cross-border drug tourism. Furthermore, cultivation associations must adhere to a minimum distance of 200 metres to the entrance area of schools and other children’s and youth facilities as well as children’s playgrounds.

Upon application, cultivation associations will receive an authorisation if the legal requirements are met, i.e. if

• the persons authorised to represent the cultivation association have full legal capacity and have the required reliability to handle cannabis, cannabis seeds and cuttings,
• the cultivation association guarantees that cannabis, cannabis seeds and cuttings stored on its property are adequately protected against access by children, juveniles and unauthorised third parties and
• the cultivation association guarantees compliance with the other requirements of this Act and the provisions issued on the basis of this Act.

The application is to be submitted in German in writing or electronically to the competent Land authority and must contain all the information and proof required by law.

The authorisation is to be refused on account of doubt regarding the reliability of a board member of the cultivation association, in particular, if said person has relevant previous convictions or does not – or it is assumed will not – adhere to the requirements of the Cannabis Act on health, child or youth protection. Relevant convictions include drug-related offences that exclude cannabis-related convictions for actions that are no longer punishable under the Cannabis Act, as well as other offences that usually fall under organised crime. Moreover, all members of the board and other authorised representatives have to be members of the cultivation association in question.

The competent authority may also refuse the authorisation if the cultivation areas or greenhouses of a cultivation association are structurally connected with cultivation areas or greenhouses of other cultivation associations, in particular if located in a shared building or building complex. The authorisation may also be refused if the cultivation areas or greenhouses of the cultivation association are located in direct proximity to cultivation areas and greenhouses of other cultivation associations. This is to enable the competent authorities to prevent multiple cultivation associations from legally operating their cultivation areas at the same location or on the same property. This aims to exclude the emergence of commercial “plantations” and comparable large-scale cannabis cultivation areas that would contradict the stated purpose of small-scale, non-commercial self-cultivation in cultivation associations for personal consumption through active participation by the members of that cultivation association.

A cultivation association’s application for authorisation must contain the following information and proof in the form of supporting documents in German:

• name, telephone number and electronic contact data, as well as address of the seat of the cultivation association,
• competent register court and register number of the cultivation association,
• first name, family name, date of birth, address and electronic contact data of the registered members of the board and other authorised representatives of the cultivation association,
• first name, family name, date of birth, address and electronic contact data of all paid employees of the cultivation association who are given access to cannabis and propagation material,
• a certificate of good conduct for submission to an authority in accordance with section 30 (5) of the Act on the Central Criminal Register and the Educative Measures Register issued no more than three months before making an application for an authorisation, as well as information from the Central Trade, Commerce and Industry Register under section 150 (1) sentence 1 of the Trade, Commerce and Industry Regulation Act (GewO) issued no more than three months before making an application for an authorisation, for every member of the board as well as for every other authorised representative of the cultivation association,
• estimated future number of members of the cultivation association,
• site or expected site of the enclosed property of the cultivation association by place, street and house number, if appropriate, indicating the designation of the Flur (cadastral unit), the building and the part of the building,
• the size or anticipated size of the cultivation areas and greenhouses of the cultivation association in hectares or square metres,
• expected quantities of cannabis to be cultivated and passed on in grammes per year, with separate quantities for marijuana and hashish,
• description of the security and protection measures taken or envisaged,
• first name, family name, date of birth, address and electronic contact data of the prevention appointee as well as proof in the form of supporting documents of his or her knowledge of counselling and prevention and
• a health and youth protection concept.

The Federal Länder specify their competent authorities.

The authorisation for a cultivation association is to be limited to a period of seven years. After a period of at least five years, it may be extended upon application.

No. The enclosed property (i.e. plot of land, cultivation area, greenhouse, building) of a cultivation association may not - not even partly - be located within a private home or another building or on a plot of land that serves residential purposes.

No. Cannabis consumption is prohibited within the enclosed property (i.e. on the plot of land or in the cultivation area, greenhouse or building) of the cultivation association as well as within its range of vision, i.e., within a distance of 100 metres from the entrance area of a cultivation association.

The authorisation for cultivation associations is limited to determined annual cannabis quantities to be self-cultivated and passed on. These are based on the quantities required to cover the personal consumption needs of the members of the cultivation association. Should the cannabis cultivated or harvested by a cultivation association exceed the quantities for self-cultivation and passing on laid down in the authorisation, the cultivation association must destroy the excess cannabis. In case of repeated violations of the determined cannabis quantities to be self-cultivated and passed on, the authorisation may be revoked.

Should there be a change to the members’ demands for personal consumption (e.g. because of leaving or new members), the quantities of cannabis for self-cultivation and passing on laid down in the authorisation are to be adjusted if the cultivation association credibly substantiates that change.

As a rule, cannabis may only be cooperatively cultivated by the members of each cultivation association. All activities directly related to the cooperative self-cultivation of cannabis that serve the cultivation and harvest, e.g. watering, fertilising, pruning and cutting leaves and flowers, separating resin etc. are to be carried out by members for the purpose of personal consumption. In addition, the following applies:

• Members of the cultivation association, who are in an employment relationship with the cultivation association, can carry out various activities, also ones directly related to the self-cultivation of cannabis for personal use (e.g. watering, fertilising, pruning, trimming).
• Non-members who are in an employment relationship with the cultivation association may carry out various activities (e.g. being both accountant and caretaker), with the exemption of activities directly related to the self-cultivation (e.g. watering, fertilisation, pruning, trimming), since these are reserved exclusively for members.
• Commercial providers, freelancers or businesses may only be assigned one type of activity that is not directly related to the self-cultivation (e.g. advice, training members, cleaning service). Bundled package services are therefore excluded for activities that are directly but also indirectly related to the self-cultivation.

Cannabis cooperatively cultivated in cultivation associations may only be passed on when the member passing it on and the member receiving it for the purpose of personal consumption are both personally present within the enclosed property (which means within the cultivation area, plot of land or building) of the cultivation association. Only members of the cultivation association may pass cannabis on. Here a strict verification of age and membership by presenting a membership card in conjunction with photographic identification must be carried out.

Each member may receive a maximum of 25 grammes of cannabis per day and a maximum of 50 grammes per month for personal consumption. Young adult members (in other words, people aged 18 or over but younger than 21) may not receive a monthly quantity in excess of 30 grammes of cannabis nor cannabis with a THC level that exceeds ten percent.

Cultivation associations may solely pass on cannabis for the purpose of personal consumption in its pure forms of marijuana (dried flowers and leaves near the flowers of the cannabis plant) or hashish (resin separated from the plant). Cultivation associations are prohibited from passing on cannabis that has been mixed, blended or combined with tobacco, nicotine or foods (e.g. hash cookies). Cultivation associations may not dispense alcohol or tobacco to their members. The consumption of cannabis within cultivation associations is prohibited.

The packaging of the cannabis passed on must be neutral. In addition, an information leaflet needs to be handed out stating the following:

• weight in grammes,
• date of harvest,
• best before date,
• variety,
• average THC level in percent,
• average CBD level in percent,
• information about risks associated with the consumption of cannabis

Additionally, when passing on cannabis for the purpose of personal consumption, cultivation associations are to provide educational, evidence-based information on cannabis, its dosage, its administration and the risks of cannabis consumption as well as information on counselling and treatment agencies relating to cannabis consumption. In particular, attention should be drawn to possible neurological and physiological damage to health when consuming cannabis under the age of 25 years.

Members may not pass cannabis that they have received from the cultivation association on to other people.

The cultivation associations must be set up so as to cover their costs and may merely demand from their members the statutory membership fees and, when passing on cannabis seeds to non-members and other cultivation associations, the reimbursement of production costs.

Cultivation associations’ documentation and reporting obligations serve to ensure that statutory requirements on health, child and youth protection are adhered to. The cultivation associations must therefore keep stock of their inventory on cannabis, cannabis seeds and cuttings, as well as the amount of cannabis they have passed on.

To guarantee health protection and, in case of illegally passed on black market cannabis or contamination, ensure traceability, the cultivation associations must document from whom they received propagation materials and to whom they passed on which quantities of cannabis, cannabis seed or cuttings.

The cultivation associations must inform on annual basis the competent Land authority of the quantities harvested and passed on as well as their current stock. The competent Land authority should be able to recognise based on quantity data whether cannabis derived from the illegal market is passed on via the cultivation associations or whether cannabis from cultivation associations reaches the illegal market. This is aimed at preventing the abuse of cultivation associations by organised drug crime.

In addition, once a year cultivation associations have to transmit to the Land authorities in anonymised form data on the quantities passed on to their members.

Cultivation associations must inform the respective authority directly if they discover impure or contaminated cannabis or cannabis derived from the illegal market in their stock or have accidentally passed it on.

No. Cannabis may exclusively be cultivated by members and passed on to members for the purpose of personal consumption. The members pay membership fees as laid down in the respective cultivation association’s statutes.

No. Cultivation associations are not permitted to ship or deliver cannabis, or have it delivered on their behalf to members or to anyone else.

If a cultivation association’s cultivation area and the area from which cannabis is passed on from are not spatially adjoined (e.g. if the club house is located within the city, but the cultivation area in the surrounding areas), then the cultivation association may transport cannabis to a limited extent between individual cultivation areas and the areas that it is passed on from. Transport is subject to the following conditions: The local authority must be informed in writing or electronically and at least one member carrying a membership document, a transport certificate as well as a copy of the authorisation from the cultivation association must accompany the transport. The transported cannabis must be protected against access by third parties.

Solely the despatch and delivery of cannabis seeds to members of the cultivation association, other cultivation associations as well as non-members is permissible. Herein, the cultivation associations are to provide educational, evidence-based information, including on cannabis, its dosage, its administration and the risks of cannabis consumption as well as information on counselling and treatment agencies relating to cannabis consumption. In particular, attention should be drawn to possible neurological and physiological damage to health when consuming cannabis under the age of 25 years.

The Federal Länder specify their competent authorities.

The cultivation associations should regularly, as well as when warranted, be inspected by the competent Land authority, through on-site visits and taking samples.

An authorisation can be revoked in part or in full if the cultivation association does not adhere to the legal requirements. In addition, penal provisions exist for particularly severe violations by individuals, for instance for passing on cannabis to children or juveniles.

The members of a cultivation association may receive a maximum of 25 grammes of cannabis per day and a maximum of 50 grammes per month for personal consumption. Young adult members (in other words, people aged 18 or over but younger than 21) may receive a monthly quantity of no more than 30 grammes of cannabis with a THC level that does not exceed ten percent.

Only people who have reached the age of 18 and have had their residence or habitual abode in Germany for at least six months are eligible to become members of a cultivation association.

Cultivation associations serve the non-commercial, cooperative self-cultivation of cannabis for personal consumption. These depend on their members’ involvement and they finance their expenses through membership fees. Members must actively participate in the cultivation. Active participation is deemed to take place above all when members of the cultivation association personally collaborate in the cooperative self-cultivation and in activities directly associated with the cooperative self-cultivation.

Cultivation associations are to stipulate in their statutes a minimum membership duration of three months as well as an exclusion provision in the case that a member no longer has their residence or habitual abode within Germany.

Cultivation associations determine within their own statutes the membership fees required to be able to perform their statutory tasks. Cultivation associations can check whether to stipulate in their statutes that the recurring fees paid by members be considered basic membership fees that are supplemented by additional rates relative to the amounts of cannabis and propagation material passed on.

Yes. There is to be a clear legal distinction between medicinal cannabis and cannabis for non-medical use. Medicinal cannabis is therefore not regulated within the Act on the Handling of Cannabis for Non-Medical Use, but in a separate Act on the Supply of Cannabis for Medicinal and Medicinal-Scientific Purposes. The existing regulations on medicinal cannabis are to remain largely unaffected. Medicinal cannabis may continue to be prescribed as a medicinal product under the current social law requirements. Prescription using a special narcotic drug prescription form will in future no longer be required, however. Here a regular prescription will suffice.

No. Companies that wish to cultivate medicinal cannabis still need an authorisation to do so from the Federal Institute for Drugs and Medical Devices. However, it is no longer necessary to carry out a pan-European call for tender. The medicinal product-related provisions on pharmaceutical quality as well as the prescription requirement remain effective.

No. Businesses that cultivate medicinal cannabis may in future bring their harvest to market and distribute it themselves. They are subject to surveillance from the Federal Institute for Drugs and Medical Devices as well as the competent Land authorities. In particular, the Federal Institute must carry out regular inspections within the businesses so as to safeguard the safety and monitor the cultivation of medicinal cannabis in Germany.

In future, the special prescription requirements and safety measures for narcotic medicinal products will cease to apply. This means that in this respect, medicinal cannabis is to be treated like a prescription-only medicinal product that is not a narcotic medicinal product. Records and reports from authorisation holders to the Federal Institute for Drugs and Medical Devices are subject to the obligations set out in section 16 of the Act on the Supply of Cannabis for Medicinal and Medicinal-Scientific Purposes.

They still need to name a responsible person with corresponding proof of their proficiency, whose name must be provided to the Federal Institute for Drugs and Medical Devices upon applying for an authorisation.

The reimbursability of medicinal cannabis remains unchanged under the provisions of social security law. It is possible to prescribe cannabis in form of dried leaves or extracts of a standardised quality if it possesses a tetrahydrocannabinol (THC) content of at least 0.2 percent according to the German Pharmacopoeia Commission. Pursuant to section 31 (6) sentence 1 of Book Five of the Social Code, cannabis in form of dried leaves or extracts of a standardised quality with a lower THC level cannot be reimbursed.

Any traffic participant must be fit to drive; road safety must be guaranteed and other road users must not be endangered. To assess and determine an evidence-based set threshold value for THC in the blood, as part of the offence of abstract endangerment stipulated in section 24a of the Road Traffic Act (StVG), the Federal Ministry for Digital and Transport (BMDV) set up in December 2023 an interdisciplinary working group with experts from the fields of medicine, law and transport under the BMDV’s leadership. The expert working group submitted recommendations for a THC limit in road traffic (section 24a of the Road Traffic Act – StVG) on 28 March 2024. Based on these recommendations, the coalition parliamentary groups of SPD, Bündnis 90/Die Grünen and FDP introduced a law to amend the Road Traffic Act, which the German Bundestag approved on 6 June 2024. In addition to introducing a legal THC threshold value of 3.5 ng/ml in the blood serum, the law that has entered into force on 22 August 2024 also provides for a cannabis ban for novice drivers and prohibits the mixed consumption of cannabis and alcohol. Additionally, the criminal provisions of section 315c and 316 of the Criminal Code (StGB) must be observed.

In addition, cannabis-related regulations pertaining to driving suitability have been adapted to the regulations that apply to alcohol in road traffic (section 24a of the StVG). A driving licence will in future only be refused or revoked in cases of cannabis dependency or abuse. As with alcohol, cannabis abuse is to be assumed if the person affected cannot differentiate sufficiently clearly between the driving of a motor vehicle and a consumption level that would compromise driving safety. In the case of cannabis detoxification treatment, it is to be assumed the person is suitable to drive a motor vehicle if they are no longer dependent and, as a rule, if proof of at least one year of abstinence can be furnished. Once the abuse has stopped, the person’s suitability to drive a motor vehicle is to be affirmed if the pattern of cannabis consumption has changed permanently.

The provision of a medical report is in future only to be ordered if there are facts that justify the assumption of a cannabis dependence. The provision of a medical-psychological report is in future to be ordered if there are facts that justify the assumption of a cannabis dependence, repeated road traffic violations under the influence of cannabis have been carried out, the driving licence has been revoked on account of abuse or it still needs to be clarified that the cannabis abuse or cannabis dependence have ended. The provision of a medical-psychological report can no longer be justified by an occasional consumption of cannabis and there being additional facts that raise doubt in the person’s suitability.

Where medically prescribed medicinal cannabis is consumed, the aforementioned applies with the exception that a medical report or medical-psychological report can only be ordered if there are signs of abusive consumption (regular excessive consumption), which means that there are indications that medicinal cannabis is regularly consumed differently than prescribed, or where medicinal cannabis is consumed as prescribed, but there are signs of reduced performance below the threshold needed to safely operate a motor vehicle.

A single nationwide platform has been set up (www.infos-cannabis.de). This platform provides information on the Act and the available addiction prevention, counselling and treatment services, as well as guidance on effects, risks and safer use. At the same time, cannabis-related information and prevention activities at the Federal Centre for Health Education (BZgA) are being developed further.

Low-threshold, early intervention opportunities are to be expanded for juvenile cannabis users. In addition, information and prevention opportunities both for children and juveniles, as well as adults, are to be strengthened in all areas.

Prevention appointees must demonstrate specific knowledge on prevention and counselling. This proof is demonstrated by a certificate of participation in addiction prevention training by Land or specialist agencies for addiction prevention or addiction counselling or comparably qualified publicly funded institutions (section 23 (4) sentences 5 and 6 of the Act on the Handling of Cannabis for Non-Medical Use).

Implementation of the regulations and determination of the competent authorities and the administrative procedure fall under the responsibility of the Länder. Which training courses are available in each individual Land, who carries these out and what specific content they contain are therefore all decided by the Federal Länder. A curriculum template for trainings of prevention appointees commissioned by the Federal Ministry of Health serves as an orientation.

Initially, the cannabis will be seized by the competent police and regulatory authority. Additionally, the persons having the care and custody of the child will be informed of this violation of the ban on possessing, acquiring or cultivating cannabis. If there are significant indications of endangerment to the best interests of the child or juvenile, the competent local youth welfare organisation is also to be informed. It is to endeavour to ensure that children and juveniles make use of appropriate early intervention programmes or comparable measures, including those of other service providers.

These measures should help the children and juveniles reflect on how they deal with cannabis, recognise the health risks and cease any further consumption.

In the future, cannabis and non-synthetic THC will no longer be legally classified as narcotic drugs under the Narcotic Drugs Act (BtMG). Possession of up to 25 grammes of cannabis for non-medical use is exempt from punishment, irrespective of the particular THC level and origin. Private self-cultivation for personal consumption of three cannabis plants is also exempt from punishment. Also exempt from punishment is possession for the purpose of personal consumption of up to 50 grammes of dried cannabis at one’s place of residence. The non-commercial cooperative self-cultivation and the passing on of cannabis to members of cultivation associations as well as private self-cultivation by persons of age are to be generally exempt from punishment. Possession of more than 25 grammes and up to 30 grammes of cannabis constitutes an administrative offence. The same applies if someone possesses over 50 grammes and up to 60 grammes of dried cannabis at their place of residence. Where the limit of 30 grammes (or 60 grammes, respectively) is exceeded, adults and juveniles remain liable to prosecution.

Sentencing ranges within the Cannabis Act for selling or making cannabis available to minors have been raised:

• Raising the minimum sentence from one to two years for persons aged 21 or over who instruct a minor to engage in the trade, import, export, sale, dispensing of, passing on or placing cannabis onto the market through any other means.
• Raising the minimum sentence to two years for the commercial dispensing of cannabis to minors by a person over the age of 21.
• Raising the minimum sentence to two years for cultivating, manufacturing, dealing, importing or exporting cannabis in amounts that are not insignificant as a member of a gang.
• Raising the minimum sentence to two years for dealing, importing, exporting, procuring cannabis in amounts that are not insignificant while using weapons or dangerous objects.

Additionally, non-compliance with the official authorisation requirements and documentation obligations as well as unauthorised advertising or sponsoring constitute administrative offences punishable by fine. This may even result in the cultivation association losing their authorisation.

Furthermore, sentencing under the Narcotic Drugs Act has been stepped up:

• Increasing the minimum sentence from one to two years for dispensing, administration or making narcotics available to minors by persons over the age of 21 in cases where the perpetrator acts with intent and thereby at least recklessly seriously harms the physical, mental or moral development of a child or of a juvenile person.

For minors, activities that have until now been punishable, especially the possession, cultivation and purchase of cannabis for non-medical use, remain prohibited. This prohibition falls under administrative law. If minors violate this prohibition, the competent authority will secure, store and destroy the cannabis. If minors violate the prohibition to possess, cultivate or purchase cannabis, without being subject to prosecution, then the competent police and regulatory authority must inform the persons having the care and custody of the child without delay. If there are significant indications of endangerment to the best interests of the child or juvenile, the competent local youth welfare organisation is also to be informed. It is to endeavour to ensure that minors make use of appropriate early intervention programmes or comparable measures, including those of other service providers.

Moreover, under the law as it stands now, family courts can take measures against persons having the care and custody of the child. Regulations are to be introduced to facilitate follow-up measures, such as the preventive seizure and confiscation of cannabis.

Yes. Convictions entered into the Federal Central Criminal Register, which exclusively relate to an offence which will no longer be punishable (especially the possession, purchase and cultivation of cannabis up to a maximum quantity of 30 grammes or three cannabis plants), can be expunged. The public prosecution office determines upon application by the convicted person whether the entry can be deleted. Should this be the case, then the public prosecution office informs the authority holding the register and the convicted person of this. The authority holding the register must then perform the deletion. These regulations will apply from 1 January 2025.

Yes, research into and with cannabis for non-medical use is possible, but requires an authorisation. Applicants need to provide details and proof above all on their expertise and reliability. The Federal Ministry of Office for Agriculture and Food is responsible for granting the authorisation and surveiling the scientific use of cannabis for non-medical purposes.