Germany: Market and legal data analysis of the cannabis sector

19th July 2024: Germany: The German Federal Joint Committee (G-BA) has approved exceptions to a requirement that doctors prescribing medical cannabis have insurance approval for initial prescriptions under the statutory health insurance system. Going forward, insurance coverage will not be required for doctors with 16 specialty titles and five additional titles, including palliative medicine and special pain therapy.
9th July 2024: Germany: The Federal Ministry of Food and Agriculture has published the Industrial Hemp Liberalisation Act. The act would allow indoor cultivation of industrial hemp and eliminate the “intoxication clause”, which states that industrial hemp usage for commercial purposes must exclude the abuse of intoxication. The draft bill will later be sent to the Bundestag.
9th July 2024: Germany: The first cannabis cultivation association in Lower Saxony received its approval yesterday (8th July), according to the press. In the district of Oldenburg, agriculture minister Miriam Staudte of the Green Party is said to have handed over the first licence. “As far as consumer protection is concerned, it is clear to me: cultivation by associations avoids the risks of illegally sold cannabis, such as excessive THC levels,” the minister said.
1st July 2024: Germany: As of today, cannabis cultivation clubs can apply for a licence. The licences will be issued by the federal states and will be valid for seven years; the time taken to process and grant the licences will vary from state to state. The clubs must be non-commercial and can have up to 500 members. States such as Brandenburg, Baden-Württemberg and Lower Saxony have decided which authorities will be responsible for issuing the licences.
25th June 2024: Germany: Health senator Ina Czyborra from the Social Democratic Party (part of the government coalition) has said that the government has the first draft of the regulations for cannabis clubs and that the draft will be discussed by the state secretaries at interdepartmental level on 27th June, press reports. This means that the regulations are unlikely to be ready when the cannabis clubs legislation comes into force on 1st July. Meanwhile, states such as Brandenburg and Baden-Württemberg have decided which authorities will be responsible for issuing licences, which by law must be done at state level.
14th June 2024: Germany: Today, the Federal Council approved an amendment to the Cannabis Act that gives the provinces more flexibility in controlling growers’ associations, especially when it comes to large cultivation areas. The amendment allows the federal authorities to deny licences for cultivation associations if their cultivation areas are located in the same building or property as cultivation areas belonging to other associations or in the immediate vicinity of such areas. The amendment will enter into force one day after its publication in the Official Gazette.
14th June 2024: Germany: Today, the Federal Council approved the Fifth Ordinance Amending the Annex to the New Psychoactive Substances Act, which bans HHC and its derivatives (HHC-AC, HHC-H and HHC-P). The ordinance has to be published in the Official Gazette.
7th June 2024: Germany: The Bundestag (parliament) yesterday (6th June) approved an amendment to the Cannabis Act that gives the provinces more flexibility in controlling growers’ associations, especially when it comes to large cultivation areas. The ban on combining different activities of employees in the association has been removed, meaning that the associations will be allowed to employ paid employees to carry out tasks not directly related to cultivation and distribution. The amendment will enter into force one day after its publication in the Official Gazette.
6th June 2024: Germany: The Federal Council has scheduled, for 14th June, the discussion of the Fifth Ordinance Amending the Annex to the New Psychoactive Substances Act, which aims to ban HHC and its derivatives (HHC-AC, HHC-H and HHC-P). Once approved by the Federal Council, the ordinance must be published in the Gazette.
5th June 2024: Germany: On 3rd June, the Health Committee of the Bundestag (parliament) held a public hearing on the draft amendment to the Cannabis Act, which gives federal states more flexible control over growers’ associations, especially when it comes to large cultivation areas. In general, the amendment was criticised by professional organisations, which consider the regulations counterproductive and say they would increase legal uncertainty. The second and third readings of the bill are scheduled for tomorrow (6th June).
21st May 2024: Germany: On 3rd June, the Bundestag Health Committee will hold a public hearing on the draft amendment to the Cannabis Act. The draft makes the control of growers’ associations by the federal states more flexible, especially when it comes to large cultivation areas. It is necessary to register in advance to attend the hearing.
16th May 2024: Germany: Yesterday (15th May), at an event organised by the Germany Cannabis Business Association, the federal minister of food and agriculture, Cem Özdemir, allegedly said there will be changes in the law to delete the “intoxication purposes clause”, which states that industrial hemp usage for commercial purposes must exclude the abuse of intoxication. No other details were provided.

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