Germany: Market and legal data analysis of the cannabis sector

10th April 2024: Germany: The Federal Institute for Drugs and Medical Devices (BfArM) has updated the forms for retailers and manufacturers of medical cannabis in accordance with the Medical Cannabis Act, which entered into force on 1st April 2024. Cannabis flowers, extracts, dronabinol, delta-9 THC and preparations made from these substances are now subject to the Medical Cannabis Act. However, medicines containing nabilone are still subject to the regulations of the Narcotic Act.
3rd April 2024: Germany: Following the legalisation of possession and consumption of cannabis on 1st April, the federal government's drug and addiction commissioner, Burkhard Blienert, has called on the coalition government to decide on Pillar 2 of its legalisation plan, meaning the pilot projects for commercial trade of recreational cannabis, press reports. “With the first step, we are initially only creating improvements for regular consumers. But now it is absolutely necessary to round things off and adopt the pilot projects as the second pillar,” Blienert said.
28th March 2024: Germany: The president's office has signed the Cannabis Bill, which regulates adult self-cultivation of cannabis of up to three plants and allows for non-commercial cultivation by cannabis clubs. The bill was published in the Gazette yesterday (27th March). Regulations for private cultivation and possession will come into effect on 1st April, while those for clubs will come into effect on 1st July. When analysing the bill, the president's office said that “there are no constitutional concerns that prevent it from being issued,” press reports.
22nd March 2024: Germany: Today the Bundesrat (Federal Council) approved the Cannabis Bill and decided against calling on the Mediation Committee. The bill regulates adult self-cultivation of cannabis of up to three plants and allows for non-commercial cultivation by cannabis clubs of up to 25 g per day per member and a maximum of 50 g per month for personal consumption. Regulations for private cultivation and possession will come into effect on 1st April, while those for clubs will come into effect on 1st July. The bill needs to be signed by the federal chancellor and by the president before being published in the Gazette.
12th March 2024: Germany: The Health Committee, Home Affairs Committee and Legal Affairs Committee have recommended that the Federal Council requests the Mediation Committee to discuss questions regarding the Cannabis Bill passed by the Federal Parliament (Bundestag) in February 2024. Among other things, the committees recommend a reduction in the quantities for personal cultivation and possession, a ban on consumption in public places and a postponement of the bill’s entry into force to 1st October (previously set for 1st April for possession and private cultivation, and 1st July for cannabis associations). The Federal Council is expected to make a final decision on 22nd March.
6th March 2024: Germany: The International Narcotics Control Board (INCB) has informed the German government of an incompatibility between the planned cannabis legalisation and existing international regulations, press reports. According to the INCB’s Annual Report, launched yesterday (5th March), the INCB has reiterated in its interactions with the German government that measures to permit the use of cannabis for non-medical purposes are inconsistent with international regulation. When asked, the Ministry of Health stated that the cannabis bill had been intensively coordinated with the government’s constitutional departments and that in the federal government’s opinion, the bill is compatible with international laws.
4th March 2024: Germany: Justice ministers of federal states are insisting that the Cannabis Bill – passed by the Bundestag and due to come into force on 1st April – comes into force later, in order to prevent the judicial system from being overburdened with amnesty for cannabis-related cases, press reports. The bill will be sent to the Federal Council, which represents the federal states, on 22nd March. Although the Federal Council does not have the power of veto, it reportedly has the majority to convene a mediation committee to find a consensus between the two houses.
23rd February 2024: Germany: Today, the Bundestag passed the Cannabis Act in its second and final reading, which regulates the self-cultivation of cannabis by adults of up to three cannabis plants and allows the non-commercial cultivation of cannabis by cannabis clubs of up to 25 g of cannabis per day (per member) and a maximum of 50 g per month for personal consumption. In addition, German producers of medical cannabis will no longer be limited to the tendering process and maximum quantities, and would be able to cultivate strains according to market demand. Regulations for private cultivation and possession will come into effect on 1st April 2024, while regulations for clubs would come into effect on 1st July 2024. The bill will now go to the Federal Council, which will have the opportunity to object but not veto the bill.
21st February 2024: Germany: The second and final reading of the Cannabis Bill – which aims to regulate the self-cultivation of cannabis by adults and the non-commercial cultivation of cannabis by cannabis clubs – is scheduled to happen this Friday (23rd February). Members of the Green Party and the Social Democratic Party told the press that they are optimistic that the bill will be passed. "Nothing formally stands in the way of the law being passed", said Kirsten Kappert-Gonther, a Green Party spokesperson. If approved, the bill will enter into force on 1st April and cannabis clubs could begin as early as 1st July.
19th February 2024: Germany: The Ministry of Health has presented a draft ordinance amending the annex to the New Psychoactive Substances Act (NPSG). Among other things, the amendment expands the substance groups of cannabimimetics and synthetic cannabinoids to include new semi-synthetic substances derived from THC, such as HHC and its derivatives (HHC-AC, HHC-H and HHC-P). The draft law has been notified to the European's Commission TRIS database and is subject to the Federal Council (Bundesrat) approval.
2nd February 2024: Germany: Following concerns raised by the Social Democratic Party (SPD) about the Cannabis Bill, the governing coalition parties – SPD, Greens and the Free Democratic Party – have agreed on a version of the bill without making significant changes to its content, press reports. Parliamentary group leaders of the three parties have said that the law will enter into force on 1st April, after being debated in the Bundestag. The bill is expected to be passed during the week of 19th February. Cannabis clubs could begin as early as 1st July.

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