Germany’s cabinet passes bill as first step to legalise recreational cannabis

Germany’s cabinet has passed a contentious bill to legalise recreational cannabis use and cultivation. If passed into law, it would be one of the most liberal such laws in Europe.

The legislation, which still has to pass parliament, would allow adults to possess up to 25g (0.88oz) of the drug, grow a maximum of three plants, or acquire the drug as associates of non-profit cannabis clubs.

The centre-left government of Chancellor Olaf Scholz hopes the law will curb the black market, protect consumers against contaminated marijuana and reduce drug-related crime.

A key pillar of the plan, which aims to remove the taboo around cannabis use, is also a campaign to raise awareness about the risks, which should ultimately curb consumption, said health minister Karl Lauterbach, of Scholz's Social Democrats (SPD).

Such a campaign would not gain the same level of attention if it were introduced without a change in the law, he said.

“With the current procedures we could not seriously protect children and young people; the topic has been made a taboo,” Mr Lauterbach told a news conference in Berlin, as he presented the planned legislation. “We have rising, problematic consumption, we couldn’t simply allow this to go on,” he said. “So this is an important turning point in our drug policy.”

The health ministry said that 2021 figures showed the number of adults in Germany aged between 18 and 25 who had consumed cannabis at least once was 25 per cent. That was double the figure in the previous decade.

Young adults are considered more vulnerable to the health risks of cannabis. The new legislation would limit the amount of cannabis young adults can buy to 30g a month, compared to 50g for older adults.

Opposition to the legislation is fierce, with conservative policymakers in particular warning that it will encourage cannabis use and that the new legislation will create even more work for authorities.

“This law will be linked to a complete loss of control,” Armin Schuster, conservative interior minister for the state of Saxony, told media group RND.

A UN narcotics watchdog said in March that moves by governments to legalise the recreational use of marijuana have led to increased consumption and cannabis-related health problems. Mr Lauterbach said Germany had learned from other countries’ mistakes, however.

Mr Scholz’s government had already watered down original plans to allow the widespread sale of cannabis in licensed shops after consultations with Brussels.

Instead, it said would launch a pilot project for a small number of licensed shops in some regions, to test the effects of a commercial supply chain of recreational cannabis over five years. For that, it will need to present separate legislation in a second phase.

Similar such projects already exist or are planned in the Netherlands and Switzerland.

Many countries in Europe have already legalised cannabis for limited medicinal purposes, including Germany since 2017. Others have decriminalised its general use.

Malta became the first European country to allow limited cultivation and possession of cannabis for personal use in late 2021. Germany would become the first major European country to do so.

The legislation presented on Wednesday includes strict rules for growing the crop – cannabis clubs of up to 500 associates must have burglar-proof doors and windows, with greenhouses fenced off. Associates will not be allowed to smoke the drug at the clubs or in the vicinity of schools, nurseries, playgrounds or sports grounds.

Germany’s hemp association said the rules were “unrealistic” and the black market could only truly be fought with the introduction of cannabis sales in shops.

The parliamentary drug policy spokesperson of junior coalition partner the Free Democrats, Kristine Luetke, accused Mr Lauterbach of continuing a “prohibition policy” and creating a “bureaucratic monster”.

Reuters