In Germany, the cultivation of cannabis has attracted a lot of attention in recent years, especially due to discussions about possible legalization in the near future. If you are interested in growing hemp, a beginner grower 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 in Germany, the upcoming legalization and the plans of the Ampel coalition for its implementation. We start from the current status, March 2023.
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Cannabis cultivation in 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 for small quantities of cannabis. There are different guideline values that 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. Medical cannabis has been legalized in Germany since 2017. Only doctors are allowed to legally prescribe dried flowers and cannabis extracts. These must be produced in accordance with the European Good Manufacturing Practice (EU-GMP) regulations. The cannabis industry in Germany is obliged to adhere to the regulations of Good Agricultural Practice and Good Collection Practice (GACP). This ensures the quality and safety of hemp. If you want to use medicinal cannabis, you must discuss this with your doctor beforehand to determine whether it is suitable for you.
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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 license is illegal. The law defines cultivation as all actions required to breed, cultivate or grow the plant from seed to harvest. This also includes the cultivation of hemp 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 anticipates a possible legalization in 2023, whereas health politician Karl Lauterbach expects cannabis to be legalized in 2024. The FDP in particular is currently campaigning for the rapid legalization of hemp.
How does the traffic light coalition plan to implement cannabis legalization?
The traffic light coalition (FDP, SPD, Greens) intends to introduce the legalization of cannabis in order to specifically control the sale of cannabis and levy a cannabis tax. This has already been set out in the coalition agreement. Nevertheless, many open questions still need to be answered before the exact implementation plans can be determined. The question of appropriate regulation in particular is still being discussed.
What rules should there be for cannabis cultivation in Germany?
In autumn 2022, the traffic light coalition laid down the following rules for the legalization of marijuana. Possession and purchase of 25 grams of cannabis per day or 50 grams per month will no longer be punishable in future. Adults will be allowed to grow up to three female cannabis plants. Investment in treatment, counseling 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 also to be regulated and monitored.
Who should be allowed to buy cannabis?
According to the current plans for cannabis legalization in Germany, the purchase of cannabis will only be permitted for people over the age of 18. In addition, a THC upper limit will be set for people under the age of 21. Possession of cannabis by minors will remain illegal, but will no longer be prosecuted. It remains to be seen what the exact laws will look like and who will ultimately be allowed to buy cannabis.
Where can you buy cannabis after release?
The contact point for the purchase of cannabis is initially to be implemented via so-called “cannabis clubs”. These are allowed to grow cannabis and distribute it to their members. According to the draft law, you must be of legal age to join a cannabis club. In addition, you may only be a member of one club and may not join several at the same time. A maximum of 500 members are allowed per club. They are also allowed to distribute cannabis seeds to their members for their own cultivation, although the number should be limited to a maximum of seven seeds per month. Cannabis clubs are not allowed to actively promote themselves.
Will there be an upper limit for cannabis possession and cultivation?
The legalization of cannabis cultivation in Germany provides for an upper limit to be set for the purchase and cultivation of hemp. Accordingly, up to three female plants per person may be cultivated for personal use. 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 facts at a glance:
- In Germany, the cultivation, possession and consumption of hemp has been prohibited by law since 1929
- Doctors have been allowed to prescribe medicinal cannabis since 2017
- The traffic light coalition has stipulated the legalization of cannabis in the coalition agreement
- A possible legalization could occur in 2023/2024
- The purchase of cannabis should be permitted for persons of legal age
- The sale is to be carried out by licensed specialist stores
- There is to be an upper limit per person for the cultivation and possession of hemp
- What exactly the legal situation regarding cannabis cultivation in Germany will look like is still unclear
- If you are interested in other topics related to indoor growing, take a look at our blog here!
