Cannabis Legalisation in Germany: Why does it matter?
Written by Georgia Chappell & Reviewed by Paul Holmes.
As of April 1, 2024, Germany has joined a growing list of countries that have legalised cannabis for adult use. This pivotal shift is rooted in a recognition by the German government that its previous drug policies regarding cannabis consumption were ineffective. With over four million Germans aged 18 to 64 having used cannabis in the past year alone, and the risks associated with unregulated markets escalating, the new cannabis social clubs strategy was essential. This article explores the multifaceted reasons behind this legislative change, emphasising its implications for public health, safety, and social justice.
Cannabis purchased on the black market is often associated with health risks. It can be contaminated and contain an unknown tetrahydrocannabinol content (THC content), the potency of which users are unable to estimate.
This is why the German government has advocated a new drug policy. The new law, which has now come into force, is based on the 2-pillar key issues paper presented by Federal Minister of Health Karl Lauterbach and Federal Minister of Agriculture Cem Özdemir in April 2023.
Health Minister Karl Lauterbach has been a key advocate for this law, emphasising its importance for public health and safety. The protection of children and young people is a central component of the law.
In early 2023, Germany took a significant step towards the legalisation of cannabis for recreational use, aiming to legalise recreational cannabis and create a regulated market for the substance. This move is part of a broader trend in several countries towards reevaluating and often relaxing laws surrounding cannabis, both for medical and recreational purposes.
The German government’s decision is driven by public health, social justice, and economic considerations. With these liberal cannabis laws, Germany now aligns with countries like Malta and Luxembourg, showcasing some of the most progressive policies in the EU.
Why Germany has Decriminalised Recreational Cannabis
The Federal Government is concerned with curbing the illegal cannabis market, controlling the quality of cannabis through the establishment of ‘cannabis clubs’, preventing the passing on of contaminated substances and thus contributing to improved health protection, doing more for education and prevention and strengthening the protection of children and young people. These clubs will ensure safe distribution channels for consumers, with limitations on membership and distribution to control usage.
Additionally, the legislation allows adults to cultivate up to 3 cannabis plants at home for personal use, specifically focusing on the regulation of dried cannabis.
Here are the reasons explained:
1. Public Health
The primary motivation for legalising cannabis is to enhance public health by ensuring the safety and quality of cannabis products, thus reducing health risks associated with unregulated markets. The new legislation around ‘cannabis possession’ aims to curb the illegal market by setting a legal framework for the possession of cannabis for personal use, detailing the amount allowed and regulations for home cultivation.
2. Crime Reduction
The legislation aims to dismantle the black market and reduce crime linked to drug trafficking, which allows law enforcement to focus on more serious offences, thereby enhancing community safety. This includes a clear legal stance on ‘cannabis possession’ to reduce illegal trafficking and possession.
3. Economic Benefits
A legal, regulated cannabis market could create jobs and generate tax revenue, providing the government with resources to fund public services, such as education and healthcare. Initially, there were plans for cannabis to be sold via ‘licensed shops’, but due to EU opposition, these plans were revised. However, there are hopes for pilot schemes to trial selling the drug in some shops, which could pave the way for a regulated market that includes both cannabis clubs and licensed retail outlets.
4. Social Justice
Decriminalisation could reduce incarcerations for cannabis-related offences, which often disproportionately affect marginalised communities, promoting broader social equity.
Potential Health Benefits for the Population, Outlined by Health Minister Karl Lauterbach
1. Improved Safety Controls
Regulation ensures products are tested and standardised, which helps consumers make informed choices and reduces the intake of harmful substances.
2. Access to Medicinal Cannabis
Legalisation increases access to cannabis for medical use, potentially providing relief for patients with chronic pain and certain mental health conditions. This is further facilitated by the emergence of online pharmacies such as Mycannabis, which offer a convenient and discreet way for consumers to access a variety of cannabis products legally. Recent legal changes have significantly improved access to medical cannabis, including its rescheduling, availability by prescription, and special permits for import, allowing its use for seriously ill patients after consulting with a doctor. The German Cannabis Association supports these changes, advocating for research and public health policies that benefit patients.
3. Public Health Research
A legal framework facilitates more comprehensive research into cannabis, improving understanding of its benefits and risks, which can inform public health policies. Despite the potential benefits, there has been fierce opposition from politicians and various medical associations to the legalisation of recreational cannabis. However, Germany now boasts some of the most liberal cannabis laws in Europe, a significant shift that places it alongside countries like Malta and Luxembourg in terms of legal reform, despite the concerns from medical associations.
Overall, Germany’s legalisation of cannabis is designed to improve public safety, support economic growth, and promote social justice. Monitoring these developments will be key to realising the anticipated public health benefits.
When will cannabis be legal in the EU?
The legalisation of cannabis within the European Union (EU) is a complex and evolving issue, with each member state retaining autonomy over its own drug policy. As of 2024, the stance on cannabis varies significantly across the region, with most countries having partial or no legalisation, primarily focusing on medicinal rather than recreational use.
Countries like the Netherlands have long tolerated the sale of cannabis in coffee shops, although it remains technically illegal. Spain’s cannabis clubs operate in a legal grey area, allowing private consumption and cultivation but prohibiting public sale and use. In recent years, Luxembourg announced plans to become the first European country to legalise cannabis production and consumption fully, but these plans have been progressing slowly.
Germany’s recent move to legalise cannabis for recreational use marks a significant shift and sets a new benchmark within the EU. This action may influence other countries, reflecting a gradual trend towards reevaluating and, potentially, relaxing cannabis laws. Malta, having legalised the cultivation and personal use of cannabis, also shows the gradual legislative shift towards more liberal policies.
However, full EU-wide legalisation remains uncertain. The EU itself does not dictate national drug laws but provides a framework for coordination and best practices aimed at minimising harm. Each country’s approach to cannabis is influenced by its own social, political, and economic factors. The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) continues to monitor and report on developments, suggesting that any move towards broader legalisation would require significant shifts in policy consensus among member states.
Looking forward, it's likely that other EU countries will observe the outcomes of Germany's legalisation closely—especially its impacts on public health, crime rates, and the economy. Positive results could encourage similar reforms in neighbouring countries, potentially leading to a more uniform approach across the EU in the long term.
Opportunities and Challenges
The amendments have opened up new opportunities for businesses and investors. Retailers, especially those in wellness and beauty sectors, have begun to stock CBG products more widely. This includes high-profile retail chains and specialty shops, which now feature CBG prominently as part of their health and wellness lines.
However, these opportunities come with challenges. The legal framework remains under strict scrutiny, and products must adhere to rigorous safety standards to ensure they do not contain psychoactive substances.
Moreover, the market's growth could be hampered by regulatory delays or public misperceptions about the safety and efficacy of CBG products.
Countries that have a legal cannabis market explored
Summary
The projected growth for non-medical cannabis sales in the United States from 2024 to 2028 is estimated to be around 74%, reaching $35.1 billion compared to $20.2 billion in 2024. These estimates were made in July 2023 by analysts at Statista Market Insights, based on the legalisation status of cannabis in 11 countries globally.
Currently, the United States holds the largest market share for non-medical legal cannabis worldwide. It is expected to grow significantly, becoming nearly seven times larger than Canada, the next largest market. Canada's market is notable as recreational cannabis was legalised nationwide on October 17, 2018.
Earlier this year, Germany joined a growing list of countries that have legalised cannabis for adult use, allowing possession and cultivation for personal use starting April 1, 2024. Additionally, other European markets such as the Netherlands and Spain are projected to experience growth over the next four years, as indicated in the accompanying chart.
