On February 2nd, 2024, German lawmakers passed a law on the decriminalization of marijuana use for recreational purposes. Germany becomes the ninth country to do so after nations such as Malta, Canada, Luxembourg, Mexico, and South Africa. Here’s a full recap of the events that will lead to Germany legalizing the recreational use of marijuana from April 1st, 2024, the goal the lawmakers hope to achieve, and what the public needs to know to abide by this new law.
The goal of the legalization
The discussion on the legalization of Marijuana had been a heated row between the opposition and the German coalition for months before the passing of this landmark motion. The use and abuse of marijuana in Germany is not a recent development but rather a challenge that has plagued the country for years.
Ahead of the voting session, Germany’s Health Minister Karl Lauterbach asserted that the goal of legalizing the use of Marijuana in the country was to crack down on the Marijuana black market. This crackdown will, in turn, reduce the illegal dealing of marijuana and lower the rate of drug-related crimes.
Additionally, the providence of access to marijuana legally will protect users – who are mostly the youth – from exposure to Marijuana laced with other drugs. These sentiments were also shared by 407 lower house members who voted to pass the bill.
The history of legal use of marijuana in Germany
Medical marijuana was legalized in Germany in 2017. The legislation provides for patients to access medical cannabis if either;
- No other generally accepted standard therapy for the serious illness exists or applies according to the treating physician’s assessment or,
- There is an undoubted possibility that the use of medical cannabis will positively affect the disease’s progress or alleviate serious symptoms.
Following the legalization of medical marijuana in 2017, German weed tech startups saw massive growth in funding from just $1m in 2018 to $37.4m in 2023. Additionally, Germany imported about 27.6 tons of marijuana in 2022 for medical or scientific purposes. This was a 19% increase in the quantity imported in 2021.
The legalization of recreational marijuana is expected to have a significant impact on the economy as well. In 2023, only the illegal marijuana market generated a revenue of approximately 14.9 billion dollars in Germany. With about 4.5 million Germans estimated already to use cannabis, the legalization of its recreational use as well is expected to open up a new revenue stream for the German economy.
The use of recreational marijuana will join other recreational activities, such as sports and entertainment, to become key economic drivers. For instance, the online casino industry, including pay and play casinos, slot games, and other betting features, is expected to generate a revenue of US$1.99 bn in 2024. On the other hand, the gaming industry in Germany is expected to hit a projected market volume of $11.67 bn by 2027.
The rules of engagement for recreational marijuana
Should this new legislation be adopted into law, the following are the expectations to have:
- Marijuana and tetrahydrocannabinol (THC) will no longer be legally classified as narcotics; thus, there will be no prosecution for their possession.
- Germans over the age of 18 will have the right to possess up to 50 grams/1.7 ounces of marijuana within their homes as well as grow up to three cannabis plants from April 1st.
- The advertising and sponsoring of marijuana-related activities will be prohibited.
- From July 1st, Germans will be allowed to establish ‘cannabis clubs’ for non-profit purposes of cannabis growth. These clubs will be permitted a maximum of up to 500 members, and each member will have an upper limit of receiving up to 50 grams of marijuana monthly from the club. Membership in more than one cannabis club will also be prohibited.
- Minors confirmed to have marijuana will serve their time by participating in drug abuse prevention programs.
- The consumption of marijuana in public near facilities such as children’s playgrounds, schools, and sports facilities will be strictly prohibited.
The current government’s plan is to assess the impact of legalizing marijuana use over the next few years. Based on positive findings, the government eventually hopes to introduce the licensed sale of marijuana. This dream of Chancellor Olaf Scholz’s liberal governing coalition may, however not materialize as the opposition conservatives have vowed to scrap the law entirely should they clench the power seat next year.
Additionally, a majority of federal states represented in Germany’s second chamber plan to delay the process of adopting the law. Voting against the law which, although it will not block it, will result in the need for a conciliatory committee between them and the parliament. This process could take months, making the timelines for adoption of the law null and void.
