Update: Cannabis decriminalisation decided

Last Friday, after numerous debates (we reported on this: The decriminalisation of cannabis – “Legal, but…” and Update: Cannabis decriminalisation is coming on 01.04.2024) the law on the controlled handling of cannabis and the amendment of other regulations (Cannabis Act) and thus a controlled release of cannabis as well as an accompanying partial legalisation was passed.

By 1 April 2024, the cultivation and possession of certain quantities of cannabis will be legal for adults and thus exempt from punishment.

According to the law passed by the traffic light coalition, which has now been adopted by a majority, adults will be allowed to carry up to 25 grams of cannabis in public for their own consumption. Up to 50 grams of cannabis may be stored in the home and three live cannabis plants may be grown. If the cultivated plant produces a harvest of over 50 grams, any yield in excess of this must be destroyed immediately.

The consumption of cannabis is to be permitted in public from 8 pm to 7 am.

For young people and children, the use of cannabis will remain prohibited without exception after 1 April 2024. Various provisions are to be made with regard to the protection of minors. Consumption in the presence of minors is also prohibited in private settings. Furthermore, public consumption will be prohibited within 100 metres of the entrance to schools, youth facilities and sports facilities. Minors who are caught using drugs will be obliged to take part in an intervention and prevention programme. In addition, the effects of partial legalisation on the protection of minors will be reviewed after 18 months at the latest.

So-called “cultivation associations” are also to be permitted from 1 July 2024. In these non-commercial associations, up to 500 adult members residing in Germany can collectively grow cannabis – up to 50 grams per member – and supply it to each other, up to one for personal consumption. Persons between the ages of 18 and 21 will be allowed to obtain a maximum of 30 grams per month with a lower active ingredient content (THC content of up to 10 %). Only cannabis in its pure form can be obtained, no mixtures with tobacco or food. The clubs will also be allowed to sell seeds and cuttings for private cultivation. The clubs are not allowed to advertise, and storage and cultivation areas must be secured.

In addition to private cultivation, the cultivation clubs are thus to be the only legal source of cannabis in Germany. The originally planned licensed specialist shops are not to exist for the time being. Cannabis may be sold in shops – but only in regional pilot projects.

The new law and the associated partial legalisation may also have an impact on road traffic. The Federal Ministry of Transport is still working on a regulation for a THC limit at the wheel – comparable to the per mille limit that applies to alcohol. One of the complications here is that THC can be detected in the blood for a relatively long time, even after the intoxicating effect has long since worn off. A solution is to be found by 31 March.

Due to an amnesty regulation, the new legal situation is also accompanied by multiple advantages for people who are currently under criminal investigation for an offence against the Narcotics Act or who have already been convicted of a narcotics offence. Once the law comes into force, there will also be an amnesty on convictions for such cases, which will be permitted in future.

With the enactment of the new law, ongoing criminal proceedings must be discontinued and unenforced sentences must be remitted. In addition, previous convictions must be deleted from the Federal Central Criminal Register.

Due to the amnesty, the German Association of Judges currently anticipates a necessary review of more than 100,000 files in the event of retroactive remission of sentences, as well as a massive overload of the judiciary as a result.

If you have been convicted of an offence in the past that is no longer punishable under the new legislation, we will be happy to support you. In particular, we can apply for the entry to be deleted from your record and the Federal Central Criminal Register.