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Germany’s cannabis legalisation process

Original case

After the 2021 federal elections, Germany’s coalition partners agreed to legalise cannabis use for adults, at the time with expectations of regulated supply. In 2022, the government consulted experts and published an “Eckpunktepapier” outlining principles for legal access, including licensed outlets (and possibly pharmacies), licensing rules for cultivation and processing, limited home growing, a ban on advertising, and taxation


From the start, this direction raised questions about compatibility with international and European obligations. The concerns highlighted included the UN drug control conventions, Schengen rules (notably the commitment to implement UN drug convention requirements), and EU level criminal law instruments that require member states to criminalise production and supply of narcotics, including cannabis. Germany also signalled it would engage with the European Commission on the legal obstacles.


Because Germany is the EU’s largest member state with many land borders, observers warned that any major shift in cannabis regulation could affect neighbouring countries and the wider EU, including through diversion risks and cross border enforcement challenges in a single market with free movement.

What happened next

June 2022: NordAN’s board prepared an open letter urging governments to act on Germany’s plans, arguing that a commercial cannabis model would conflict with UN conventions and the Schengen framework, and could undermine prevention efforts in other countries.


April 2023: NordAN co signed a wider NGO letter (20 plus organisations from 10 countries) addressed to the European Commission (Ylva Johansson). The letter argued that Germany’s planned legalisation challenged EU law and international conventions, and warned that a legal, commercial market could have spillover effects across borders.


March 2024: NordAN published an analysis of the Bundestag decision, noting that Germany had moved from an earlier commercial ambition to a scaled down approach centred on possession, home cultivation, and non commercial clubs, while raising doubts about whether this would displace the illicit market.


1 April 2024: Germany’s “Konsumcannabisgesetz” entered into force, allowing adults to possess and cultivate cannabis within defined limits (for example, possession limits and up to three plants for home cultivation). Rules for cultivation associations (non commercial “clubs”) were scheduled to follow later in 2024.


Rollout of cultivation associations: By mid 2025, reporting based on a DPA survey counted 293 approved cultivation associations, with strong regional variation (for example, North Rhine Westphalia and Lower Saxony among the highest, and far fewer approvals in some other states). More recent sector reporting in January 2026 put the current total at at least 368 approved associations.


Supply reality and market impact: By September 2025, Deutschlandfunk reported that the clubs still played only a small role in supply for regular consumers, and that bureaucratic requirements were significant.


First evaluation results (EKOCAN interim report, September to October 2025): Public summaries of the first interim evaluation reported no sharp increase in consumption, and no urgent need for legislative changes based on the early data. They also described a clear decline in cannabis related offences after the removal of consumption related criminal offences, while noting limits in what can be concluded so early in the process.


Medical cannabis tightening: On 8 October 2025, the federal cabinet adopted a draft law to amend the medical cannabis framework, including measures aimed at curbing problematic prescribing patterns (notably, requiring personal doctor patient contact for prescriptions, and banning mail order shipping). The legislative process continued through late 2025 and into January 2026.


“Pillar 2” pilot projects (commercial sales in trials): Several municipal or regional initiatives explored scientific model projects, but key applications were rejected by the Federal Office for Agriculture and Food (BLE), including the Frankfurt application (rejected in September 2025) and a Berlin district related application (rejected in November 2025).


Political context: Germany held an early federal election on 23 February 2025. Reporting to parliament later in 2025 referenced a CDU/CSU and SPD coalition agreement that provided for a results open evaluation of the cannabis legalisation law in autumn 2025.


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