For two years, Germany’s government has steadily pushed forward with its plan to legalize cannabis for adults. On Friday, that plan came close to reality with the passage of an adult use bill out of the Bundestag, Germany’s parliament, in a 407-226 vote.
Germany will become the most populous and wealthy country in the world to legalize cannabis for adults when this bill is signed into law.
It’s “a good day” for drug policy, federal Health Minister Karl Lauterbach, who has spearheaded the legislation, tweeted after the bill’s passage.
The bill still has to go through the Bundesrat, or the Federal Council, a legislative body that represents Germany’s 16 states, for consideration. The Council has expressed concerns about the bill, namely that, as written, it imposes a significant burden on states with regard to implementation and enforcement. However, the Bundesrat cannot vote down the bill, it can only raise concerns that require mediation, which would slow down the bill’s advancement.
If there are no delays in the Bundesrat, which will consider the bill next month, the legislation will remain on track to take effect in April.
The road to this moment has not been a smooth one, as Cannabis Wire has reported, and the version of legalization that German lawmakers are considering today is diluted from the initial proposal. The original plan put forth by Lauterbach in 2022 envisioned a regulated supply chain, from licensed cultivation to retail shops – similar to the approach taken in most of the states in the U.S. where cannabis is legal for adults. However, after pushback from the European Commission, the revised plan released in 2023 takes a more incremental approach.
Now, the rollout of adult use legalization is expected to happen in two phases: phase one allows for home cultivation (3 plants) and for members of small cannabis clubs (500 members) to grow and sell between themselves; phase two will allow for licensed and regulated supply chains from seed to sale. The legal age is set at 18.
The bill passed by lawmakers this week only covers the first phase. And it is similar to the incremental approach to reform taken so far in other countries in Europe, like Malta.
If the bill moves forward without delay, the home cultivation and possession provisions take effect in April, and the cannabis clubs can form starting in July.
The debate among lawmakers on Friday mirrored the conversations around the bill to-date. Lauterbach reiterated, as he has since the plan was first put forth, that legalization will combat the underground market and protect youth. And the opponents tried and failed again to block the bill from moving forward, arguing that legalization would in fact do more harm to young people and would not eliminate illegal sales.
The government has estimated that the total number of adult use cannabis clubs will reach 3,000 in five years.
Meanwhile, the country’s medical cannabis operators have celebrated the news, as the legislation would also ease the path for patients to obtain prescriptions. Medical cannabis has been legal in Germany since 2016.
