Marijuana and CBD in Germany – Legal Status 2021

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In December 2021, news outlets reported the decision of Germany’s new ruling coalition to reach an agreement on the legalization of marijuana. It is the first such large country in Europe to take such a step. As a result of their joint effort, the Social Democratic Party of Germany, the Free Democratic Party and the Greens have decided that not only the consumption, but also the possession and sale of marijuana will soon be legal in Germany.

The German Hemp Industry Association (BvCW) welcomed the news, but noted that to move forward with such reforms, critical reforms will need to be introduced in order to enable the development of cannabis-producing sectors. [1]

All indications are that the German government intends to introduce “controlled sales of cannabis in licensed stores” and implement the necessary changes to support the growth opportunities of the adult-use cannabis sector, not forgetting also about the necessary modifications in the medicinal industry.

Among the reforms, industrial hemp will need to be removed from Germany’s drug laws. And the cap on THC content in true hemp should be raised to 1%. BvCW also recommends that for CBD and other non-intoxicating cannabinoids. Federal regulations should be standardized so that no restrictions are placed on the commodities which should be available to consumers without a prescription. All enriched cannabinoid extracts must comply with food safety guidelines.

Is CBD legal in Germany?

Regulations regarding CBD and hemp in Germany are currently very specific. Under the Drug Trafficking Act which is still in force, hemp products can only be considered legal if the THC (tetrahydrocannabinol) content does not exceed 0.2%. Such goods may only be used for commercial or scientific purposes to prevent misuse.[2] 

Medical marijuana has been legal in Germany since 2017; the new agreement would extend its legality to recreational use by adults.

Legalization of marijuana in Germany – 2021 

The legalisation of marijuana in Germany is a topic of interest to residents of the state and many businesses that could benefit from it. How should the process of legalizing cannabis proceed? 

In November 2021, Der Spiegel reported that the German government had begun work on legalizing marijuana. The government’s goal is to introduce a bill that would make marijuana completely legal in the country and restrict its sale to licensed stores and to adults. According to politicians, such a provision is supposed to limit the influence of the black market while allowing for detailed control of distribution, reduction of contaminated and harmful production, and protection of minors. As a result of taxation of these products, the state budget may gain up to 1 billion euros from the sale of marijuana and cannabis products.[3]

The planned law is to be reviewed for “social impact” after 4 years. The German government’s coalition party agreement also indicates that regulations regarding sponsorship and marketing of other stimulants, such as alcohol and nicotine, will be tightened.[4]

References

1. https://hemptoday.net/german-group-proposes-commission-urges-coalition-not-to-forget-about-hemp/
2. https://hemppedia.org/pl/czy-cbd-jest-legalne-w-moim-kraju/
3. https://bezprawnik.pl/marihuana-legalna-w-niemczech/
4. https://businessinsider.com.pl/technologie/nowe-technologie/nowy-rzad-niemiec-chce-zalegalizowac-marihuane/