Tag: Germany

Earlier this year German lawmakers adopted a historic adult-use cannabis legalization measure (CanG), with the first provisions of the new cannabis law taking effect on April 1st. Germany is the largest nation to ever adopt recreational legalization.

The only other countries to adopt an adult-use legalization measure before Germany are Uruguay (2013), Canada (2018), Malta (2021), and Luxembourg (2023). South Africa has since adopted its own adult-use legalization measure.

Adults in Germany (18 years and older) can now legally cultivate, possess, and consume cannabis for recreational purposes. Additionally, starting on July 1st, adults in Germany can join cultivation associations from which to source cannabis legally.

Leading up to the passage of legalization in Germany cannabis opponents in the European nation predicted doomsday scenarios if/when the country adopted adult-use reform. That fearmongering has continued post-legalization.

Unfortunately for cannabis opponents in Germany, and fortunately for sound public policy and logical reasoning, a supermajority of respondents in a recent survey in Germany hold a positive or neutral view about the cannabis public policy change.

“According to a recent representative survey by the Björn Steiger Foundation, 61 percent of Germans have never consumed cannabis, or at least not in the last 12 months. In the new federal states, the figure for never-consumers is almost 50 percent, which is almost 10 percent higher than the figure in the old federal states.” stated the Björn Steiger Foundation regarding its recent survey.

“Around 70 percent of respondents see the partial legalization as positive or neutral, with male respondents showing significantly greater approval.” the organization also stated.

One of the claims made by cannabis opponents leading up to the launch of legalization was that legalization would lead to a substantial spike in cannabis use in Germany. However, the Björn Steiger Foundation found that “only eight percent of respondents want to consume more or even consume for the first time in light of the new legislation.”

Even if survey data demonstrates a spike in cannabis use post-legalization in Germany, such data needs to be put into proper context. Before cannabis became legal in any jurisdiction, consumers were less likely to tell surveyors that they consume cannabis given that it could have resulted in criminal prosecution.

A ‘spike’ in cannabis usage rates in Germany could very well be indicative of more people being willing to admit to their established cannabis use rather than people trying cannabis for the first time.

There appears to be no ‘buyer’s remorse’ in Germany when it comes to legalization, which is not exactly shocking given that the same is true in other jurisdictions that legalized before Germany. According to a recent poll conducted by Research Co., a strong majority of Canadians (54%) were still in favor of legalization five years after the nation’s policy change.

With a population of over 83 million people, Germany is currently the largest country to adopt a national adult-use cannabis legalization measure. The first provisions of Germany’s historic CanG legalization law took effect on April 1st, 2024, with adults 18 years old and older now permitted to cultivate, possess, and consume recreational cannabis.

Unfortunately, not everyone is happy with the implementation of the new law. Leading up to the legalization implementation date in Germany, the nation’s conservative opposition vowed to overturn the policy change if/when they gained control of Germany’s government.

“In our view, drugs policy, particularly with respect to protecting young people, is an issue of such central significance that we will revoke the legalization of cannabis in the event we take power,” lawmaker Thorsten Frei previously stated at the time. “In any possible coalition talks, [the rolling back of the legislation] will be a firm standpoint for us.”

“It’s an illusion that the law allowing cultivation for personal use will drain the black market. It’s not the case that every consumer will grow their own or join a so-called social club,” he also said.

Cannabis opponents like Thorsten Frei, who continue to spread prohibitionist talking points in Germany, seem to completely disregard the fact that Germany already had a public policy approach like the one that opponents are demanding, and that approach to cannabis public policy failed miserably.

Under prohibition, the unregulated market had 100% control of the domestic cannabis industry, which is why calls to return to it under the premise that ‘legalization does not completely eliminate the unregulated market’ is disingenuous at best. That point is not lost on Germany’s Health Minister Karl Lauterbach:

⁦@_FriedrichMerz⁩ will #Cannabis zurück zum Angebotsmonopol für den Schwarzmarkt. Legale Alternativen zB zum Mocro Clan lehnt er ab. Wähler werden für dumm verkauft, wenn man sagt: wenn Verbot kommt, kifft keiner mehr. Wir hatten Verbot, es half nie https://t.co/HGio6ZwEM4

— Prof. Karl Lauterbach

“⁦@_FriedrichMerz wants #Cannabis to return to the monopoly on supply for the black market. He rejects legal alternatives, such as the Mocro Clan. Voters are being taken for fools when people say: if there is a ban, no one will smoke weed anymore. We had a ban, but it never helped” stated Karl Lauterbach in a recent social media post (translated from German to English).

Whether cannabis opponents in Germany like it or not, legalization in Germany is already showing signs of working. Personal cannabis cultivation is already proving to be very popular with adult consumers in Germany, as reflected by a recent YouGov poll which found that 7% of poll participants indicated that they had already purchased cannabis clones or seeds since legalization took effect. Commercial sales of cannabis clones and seeds were legalized in Germany as part of the nation’s new cannabis law (CanG).

In addition to the 7% of poll participants indicating that they had already purchased cannabis clones or seeds, another 11% of poll participants responded that they plan to purchase cannabis clones or seeds in the future. That increased rate of home cultivation in Germany directly combats the unregulated market.

Another major component of Germany’s legalization model involves permitting adults to join cultivation associations from which to legally source their cannabis. Starting last month, regulators in Germany began accepting applications for cultivation associations.

In a recent nationwide survey conducted in Germany by Pronova BKK, 44% of self-reported ‘regular’ cannabis consumers indicated that they plan to join one of the country’s cultivation associations once they launch in their area. Another 27% of ‘occasional’ cannabis consumers also indicated that they plan to join an association.

Much like the rise in home cultivation, associations will further erode Germany’s unregulated cannabis market. The eventual launch of regional adult-use cannabis commerce pilot programs later this year will also further combat Germany’s unregulated market.

The unregulated cannabis market in Germany will never be 100% eliminated, just as the unregulated market for tobacco and alcohol products will never be completely eliminated. However, that is not to say that cannabis policy modernization efforts are not worth it.

According to a 2021 report from Heinrich Heine University Dusseldorf, Germany should save 1.05 billion euros annually by no longer enforcing cannabis prohibition, in addition to judiciary savings of 313 million euros per year. Whether someone consumes cannabis or not, they should realize that cannabis prohibition is a colossal waste of limited public resources, and a more sensible approach to cannabis policy is the right move.

Cannabis opponents in Germany seem to be predicting a potential legalization ‘buyer’s remorse’ on the horizon, but if Germany is like other jurisdictions that have legalized recreational cannabis, the prediction by cannabis opponents will not materialize.

According to a recent poll conducted by Research Co., a strong majority of Canadians (54%) were still in favor of legalization five years after the nation’s policy change. In the United States, youth cannabis consumption rates have plummeted in the last decade as more jurisdictions have modernized their cannabis policies to permit regulated sales.

By every measure, legalization is superior to prohibition, and most German citizens will no doubt recognize that fact as time goes on.

According to the German Cannabis Business Association (BvCW), the German Federal Ministry of Food and Agriculture has published a draft industrial hemp bill that would modernize policies pertaining to the cultivation and handling of industrial hemp in Germany.

“The aim of the planned Industrial Hemp Liberalization Act (NLG) is to eliminate legal uncertainties and create new fields of activity in the industrial hemp sector. The draft deletes the intoxication clause (“abuse clause”) and allows the indoor cultivation of industrial hemp. This is intended to promote sustainable raw materials and support climate protection. However, the regulation excludes the consumption of cannabis products for intoxication purposes.” BvCW stated in an email this week (translated from German to English).

“The plan is intended to provide greater legal certainty and more fields of activity for the industrial hemp sector. Cannabis products intended for consumption for intoxicating purposes, so-called edibles, will not be permitted under the Industrial Hemp Liberalization Act.” the measure states (translated from German to English).

“The plan will in particular remove the so-called abuse clause and eliminate the associated legal uncertainty when dealing with industrial hemp. In addition, the indoor cultivation of industrial hemp will be permitted as a new field of activity.” the measure also states.

The Industrial Hemp Liberalization Act also points out that “there are no alternatives to the plan, because agricultural subsidies such as direct payments from the European Union for areas on which industrial hemp is grown have not led to the hoped-for increase in the area under cultivation in Germany.”

“In order to promote industrial hemp in Germany, the possibilities for cultivation must be expanded and the requirements for handling industrial hemp must be relaxed.” the bill’s text states.

In May 2024 at the last parliamentary evening in the House of Agriculture and Food Industry, Federal Agriculture Minister Cem Özdemir (Greens) spoke publicly in favor of modernizing Germany’s hemp policies. Part of Minister Özdemir’s public statements included the announcement of the abolition of the intoxication clause.

“Imagine if dealers and producers of non-alcoholic beer were subjected to raids and punished because they could distill a schnapps from the remaining alcohol. In practice, such a complex extraction does not take place with industrial hemp,” said BvCW managing director Jürgen Neumeyer at the time. “This senseless noise clause has increasingly led to economic damage and bankruptcies in recent years. The abolition is urgently needed and we are therefore very pleased! This is an important step towards re-establishing the German industrial hemp industry. We look forward to a draft from the BMEL and will continue to support the parliamentary process constructively.”

Cannabis advocates have long pushed for this type of reform, including in the lead-up to the passage of the new CanG bill. Unfortunately, opponents were able to maintain the status quo under the premise that consumers could make intoxicating products out of hemp.

“If access to THC-containing flowers is to be made possible through clubs and home cultivation anyway, why should anyone go to the trouble of extracting low doses of THC from CBD flowers for several hours in their own home workshop?” Krautinvest.de pointed out in its initial reporting.

“Speaking at the International Cannabis Business Conference Berlin last year, industry veteran and President of EIHA Daniel Kruse said: “I would simply cancel this clause. All stakeholders will advocate for its abolition.” Business of Cannabis stated in its initial reporting.

“The debate about the ‘misuse of hemp’ needs to be brought to an end. Hemp has huge potential if the clause is abolished. Industrial hemp would lead to more sales than medical and recreational put together in Germany.” Daniel Kruse also stated at the International Cannabis Business Conference in Berlin.

According to BvCW, the Industrial Hemp Liberalization Act “is now being coordinated between departments, so statements on this can probably be submitted soon. The BvCW is now preparing a statement on this.”

In addition to causing headaches in Germany, the lack of comprehensive hemp and CBD industry reform has also caused similar issues throughout Europe.

Cannabis cultivation associations appear to be moving forward in Lower Saxony, with local media outlet Frankfurter Allgemeine Zeitung reporting that Agriculture Minister Miriam Staudte delivered the first approved permit to “Cannabis Social Club Ganderkesee” (translated from German to English) in the district of Oldenburg.

“With regard to consumer protection, it is clear to me: By allowing cultivation by associations, risks posed by illegally sold cannabis, such as excessive THC levels, can be avoided.” stated Minister Staudte according to Frankfurter Allgemeine Zeitung.

So far, 45 cannabis cultivation associations have registered to start applying for a permit in Lower Saxony, 16 of which have reportedly completed their applications. Cannabis cultivation associations became legal in Germany as of July 1st, although bureaucratic issues hampered an immediate rollout.

North Rhine-Westphalia is another area of Germany that is already accepting applications for cannabis cultivation associations, albeit “only a few” so far according to local reporting from ASB Zeitung.

“In North Rhine-Westphalia, a few Cannabis growing associations filed applications for permits starting July 1st, as revealed by a dpa survey of the responsible district administrations.” stated ASB Zeitung.

“According to a spokesperson, the first applications have been submitted in the Regierungsbezirk Duesseldorf, but a specific number could not yet be named by the authority. Three applications have been filed at the Bezirksregierung Köln by Tuesday, and one in Detmold. At the Bezirksregierung Arnsberg, there were initially “three incomplete applications,” according to a spokesperson. The Bezirksregierung Münster reported no applications yet.” ASB Zeitung also stated.

German cannabis cultivation associations have to adhere to various rules, including limiting membership to a maximum of 500 members and restricting sales to 50 grams per member a month (30 grams for members 18-20 years old). Clubs will also be permitted to sell cannabis clones and seeds.

In a recent nationwide survey conducted in Germany by Pronova BKK, 44% of self-reported ‘regular’ cannabis consumers indicated that they plan to join one of the country’s cannabis cultivation associations once they launch in their respective jurisdictions. Another 27% of ‘occasional’ cannabis consumers also indicated that they plan to join an association.

The Pronova BKK survey involved 1,000 people in Germany aged 18 and over and was conducted in May 2024. The survey also determined the following (translated from German to English) about Germany’s cannabis consumer base:

• Over a quarter of Germans consume cannabis at least occasionally, and one in ten consumes it weekly
• More than half of Generation Z consumes cannabis at least occasionally
• For a third of cannabis consumers, legalization does not influence consumption behavior
• Among younger respondents under 45 years of age, one in ten has increased consumption since legalization
• Eight percent of non-users are considering growing their own cannabis at home

Among self-reported ‘regular’ cannabis consumers participating in the survey, 51% selected “Yes, I can imagine having my own cannabis to grow at home” when asked about home cultivation. Another 40% of ‘occasional’ cannabis consumers also selected that option in the survey.