Cannabis now legal in Germany, but opponents say new law is dopey

They came out in their hundreds to mark the changes to the laws on cannabis by sparking up a joint in front of one of the German capital's most recognizable landmarks. The Brandenburg Gate was the site for the party to "smoke in" the first of April, which ushered in a long-awaited change in German legislation on cannabis.

When the current coalition government took power in 2021 it set out cannabis legalization early on as one of its key targets for its term in office. Just over a year from the end of that term they have got it passed, in some form.

The legalization which has taken place in Germany is not the same as we have seen in places in the United States or Canada, where dispensaries and shops have seen 'cannabis capitalism' result in booming business from what was once the sole purvey of the black market. 

What is on offer in Germany is also different from the coffee shops of the Netherlands that many Europeans will be most familiar with when they think of cannabis coming out from a veil of impropriety and, let's face it, illegality.

The rule changes approved by both houses of the German legislature - the Bundestag (lower) and Bundesrat (upper) - allow those over the age of 18 to possess 25 grams of cannabis for personal use in public and 50 grams at home. Three plants for personal use may be grown per household. There must be no consumption of cannabis near schools, sports centers or pedestrian areas between the hours of 07:00 and 20:00.

The only way that cannabis can be obtained, unless grown at home, is by joining one of the officially registered Cannabis Clubs. CGTN had a chat with Oliver Waack-Jürgensen, the Chairman of the High Ground Berlin cannabis club. He thinks the new law is a mixed bag, but it is positive that cannabis users will no longer be a target for law enforcement under these rule changes.

He explained: "It is the first step and we take it. We are not really happy. But we are happy (that small amount possession will no longer be prosecuted). Last year about 180,000 cases were aimed at consumers and small amounts possession. But in the rest, we are not very satisfied with this law and it needs some calibration."

Cannabis campaigners like Waack-Jürgensen had hoped that changes in the law could have kicked off a cannabis business boom in Germany.

"We have around 8 to 10 million users in Germany of cannabis. They need around 400,000 tonnes a year, marijuana or hashish or whatever."‌

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The clubs will be able to supply some of that but by restricting where users can obtain cannabis, according to Waack-Jürgensen, Germany has cut off a potentially lucrative tax revenue stream.

He said: "That they didn't give us the business is really, a loss. We wanted the business because it's an economic thing, too. The state will profit. We will profit. It's a lot of money. Now, only the clubs are allowed to deal with this money, as a non-profit."

Stringent limits have been placed on who can obtain cannabis and where from. Tourists, for example, won't be allowed to pop into one of these cannabis clubs and obtain cannabis. It is also not allowed to be consumed on cannabis club premises.

There were colossal political tussles over this change to the legislation and right up until the moment it passed in the Bundesrat, it looked as though it may be pushed for a parliamentary extension which would have all but sounded the death knell for the policy.

Even though it has passed, the leadership of the conservative CDU/CSU "Union" says that if it wins the election next year, which the most recent polls has it on track to do, it will repeal the new cannabis law as one of its first acts in office. 

As cannabis campaigners were rejoicing on Monday the leader of the Christian Social Union in Bavaria, Markus Söder posted on X:‌ "No power to drugs! We strongly reject the legalization of #Drogen. With the #Cannabis law, Germany is harming itself and endangering the health of the population."

German health minister Karl Lauterbach (SPD) backed the law change on Monday, saying that the intention of the policy was to take control of Germany's cannabis out of the hands of the drug dealers.

According to Lauterbach: "From now on we combine a real alternative to the black market with better child and youth protection. Things could not continue as before."

Cannabis is now legal in Germany for those over the age of 18. How long that lasts, though, may well depend on how people vote in the next federal election in 2025.

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