Germany's Cannabis Act

Home | Canna Law Blog | Germany’s Cannabis Act Germany has taken an important step toward cannabis legalization, with the release by the Health Ministry of the draft Cannabis Act (Cannabisgesetz or CanG). According to the Ministry, the bill seeks "to legalize private cultivation by adults for personal consumption as well as communal, non-commercial cultivation of cannabis in cultivation associations." For more information on the context in which legalization is taking place, check out our earlier post, Germany Unveils Sweeping Cannabis Legalization Plan. The CanG will serve as the first of two "pillars" upon which Germany is building its Cannabis-Projekt. "Regional pilot programs with commercial supply chains" are the next phase. According to the Health Ministry, these programs will impose "spatial restrictions to delivery points and adult residents of certain districts/cities in several federal states (opt-in approach)." This incremental 2-Säulen-Modell responds to the "tight EU and international legal framework" and follows consultations with the EU Commission. Germany has expressed its desire to see a "more flexible" EU framework. The CanG allows individuals over the age of 18 years old to possess up to 25 grams of cannabis for personal use. It also permits home cultivation by German residents, setting a limit of three plants per adult in a household. Seeds may be imported from within the EU. The new law also provides for the formation of cultivation associations (Anbauvereinigungen). These associations will be allowed to provide their members with up to 25 grams of cannabis per day or 50 grams per month. In addition, members may also receive seven seeds or five cuttings per month. State governments can cap the number of associations in a particular district at one per 6,000 residents. This first step by Germany is an important one and could well pave the way for further legalization within the EU. Going forward, it will be interesting to see how the regional pilot programs are structured, and the opportunities that it might present to cannabis businesses. While the Teufel when it comes to these programs will be in the Detail, this is the right time start laying the groundwork for a successful entry into the German market. We are not quite at the point where cannabis entrepreneurs need to start interviewing Berlinese budtenders, but canna businesses can start analyzing the market, familiarizing themselves with relevant German legislation, vetting potential business partners, registering their trademarks, and deciding which Bundesliga team jersey they want their logos to adorn. Träume groß! Check Out Our Cannabis Law Services Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. 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