Proponents are looking forward to this Easter Monday like they are looking forward to Christmas. Opponents fear drug chaos. As of April 1st, the possession and consumption of cannabis will become legal for adults in Germany. But there are still many questions about what this should actually look like.
What exactly applies?
Cannabis disappears from the list of prohibited substances in the Narcotics Act. Anyone 18 or older can store up to 50 grams at home and carry a maximum of 25 grams outside. It’s explicitly about personal use. Distribution and sale remain prohibited. Three plants can also be grown at home – not in the allotment garden. Seeds, plants and harvested cannabis must be protected against theft and access by children, for example with lockable cupboards and rooms.
50 grams – is that a lot?
According to common estimates, one gram of cannabis can be used to roll around three joints – more or less depending on your personal dosage. So 50 grams would be 150 joints. From the perspective of those opposed to legalization, this is far too much. The German Medical Association calls 50 grams per month, the amount that the future cultivation clubs will be allowed to give to their members, “a relevant amount” “which corresponds to high-risk consumption and leads to cannabis-related disorders”. The Ministry of Health argues that legal cannabis must also be available in larger quantities if one wants to outdo the illegal black market.
What about public consumption?
Where it is not explicitly forbidden, smoking weed is allowed. It is forbidden on playgrounds, in schools, sports facilities, including football stadiums, children’s and youth facilities and within sight of them – within 100 meters as the crow flies of the entrance area. Pedestrian zones are also pot-free zones between 7 a.m. and 8 p.m.
In addition, consumption is prohibited “in the immediate presence of people who have not yet reached the age of 18”. It is therefore taboo to light up a joint at a bus stop full of schoolchildren or in the garden in front of your own underage children, as well as in front of a cinema where young people are also waiting. In smoking bars, the owners decide how to deal with it.
And how should the rules be monitored?
It’s similar to wearing a seatbelt in a car or using a cell phone while driving – you have to get caught or reported. It is unlikely that public order offices and the police will send out cannabis patrols on a large scale for staff reasons.
What are the penalties for violations?
Severe fines and even prison are possible. Anyone who slightly exceeds the gram requirements for possession risks a fine. According to the law, however, this can be a hefty sum of up to 30,000 euros. If more than 30 grams are found in a backpack, more than 60 grams at home or more than three plants in the apartment, criminal law applies: in the worst case scenario, there is a risk of prison.
This is particularly true when passing on the drug to children and young people. Anyone who smokes weed where smoking weed is not permitted – i.e. on or near playgrounds, in the pedestrian zone during the day or near children and young people – is only committing an administrative offense, but also risks hefty fines of up to 30,000 euros.
And what happens if minors consume?
If under-18s are caught with cannabis, the police must inform their parents. Especially when it comes to very young consumers with so-called risky consumer behavior, the youth welfare office must also be involved. Those affected should then take part in prevention programs. However, young people also have to expect criminal consequences if the amounts found exceed the amounts permitted for adults if they deal or pass the drug on to other children and young people.
And how will things work with the cannabis clubs?
They are only allowed to start cultivating cannabis on July 1st and strict rules apply: The clubs must be at least 200 meters away from schools, daycare centers, playgrounds and other children’s and youth facilities, and must not be housed in residential buildings or through conspicuous locations Signs or otherwise advertise yourself.
Consumption in the cultivation associations, as they are called in the law, is also taboo. Growing areas and warehouses must be secured. The clubs are allowed to have a maximum of 500 members and can only supply cannabis in limited quantities to these members and not sell it. The drug may only be sold in neutral packaging with an instruction leaflet containing information on weight, variety, THC content (tetrahydrocannabinol is the substance with the intoxicating effect) and information on the risks of consumption.
But it takes time for the plants to bloom, whether at home or in a club. That means: Even with legalization on April 1st, the black market will continue to flourish?
This is exactly a point of criticism in the political debate. From April 1st, adults will be able to legally carry large amounts of cannabis, but objectively this cannot come from legal sources, Saxony-Anhalt’s Prime Minister Reiner Haseloff recently criticized. “The first few months in particular will be a booster for the black market,” warned the CDU politician.
Health Minister Karl Lauterbach (SPD) rejected this: If someone consumes on April 2nd based on a plant they grew themselves, it doesn’t matter when the plant was bought and grown or how much water it had. Rather, the following applies: “Here it is, it is now legal, and consumption is also legal.”
What does traffic actually look like?
First of all, nothing changes: Anyone who is found to have the cannabis active ingredient THC, even if it was consumed days ago, is committing an administrative offense. In case law, the low value of 1 nanogram of THC per milliliter of blood has been established, above which fines, points and a driving ban can be imposed. Following the example of the 0.5 per mille mark for alcohol, there should also be a tolerance limit for THC. A commission of experts suggested 3.5 nanograms. But first it is the Bundestag’s turn to pass a law for this, which will probably take some time.
Actually, the traffic light also wanted to enable the free sale of cannabis in drugstore-like shops. What has become of it?
That’s on hold. Because of hurdles under European law, the traffic light deviated from this original goal and announced that companies would initially only test production, distribution and sales in special stores in pilot projects on a regional and time-limited basis. However, there are no concrete plans for this to date.
How widespread is cannabis use anyway?
Cannabis is currently the most commonly used illegal drug. According to the Ministry of Health, there is no valid data yet on how much is consumed annually for non-medical purposes.
According to a 2021 study, 4.5 million adults said they had used cannabis at least once in the past twelve months – 10.7 percent for men and 6.8 percent for women. Consumption was most widespread in the 18 to 24 year old age group. According to experts, there is a particular risk of psychological, physical and social impairments up to the age of 25 due to the brain’s ongoing maturation process.