The legalization of cannabis is approaching—a decision made by the Federal Government in August 2023. This measure is intended to establish controlled access to cannabis products for adults within specified quantities. The objective is to enhance health protection, curb the illicit market, and ensure the quality of cannabis in Germany.
However, unlike alcohol and nicotine, the possession and consumption of cannabis is to be restricted to specific quantities. Furthermore, “distribution” is to be strictly regulated. Interested parties are understandably raising many questions: When will cannabis consumption become legal? What penalties apply if the permitted allowance is exceeded? In this article, we explain the Federal Government’s plans regarding the future criminal liability associated with cannabis.
Apart from future plans for legalization, cannabis is currently still an illegal substance and falls under the Narcotics Act (BtMG). High penalties may be imposed. If you are accused of a criminal offense, contact our law firm immediately. Our experienced criminal defense attorneys will successfully support you in your individual case.
What is planned for cannabis legalization?
One of the major campaign promises of the current coalition government was the legalization of cannabis for adults. Now the Federal Cabinet has passed the Act on the Controlled Handling of Cannabis and Amendment of Other Provisions, the so-called Cannabis Act (CanG), and thus officially introduced it into the legislative process.
The law provides that adults will in future be able to cultivate cannabis in limited quantities for personal consumption – either privately or in registered, non-commercial cannabis cultivation associations. Through these associations, the products can then also be distributed in a controlled manner for personal consumption. Commercial cultivation of cannabis remains prohibited.
Possession of up to 25 grams of cannabis as a permitted amount will remain exempt from punishment in future. Cannabis will only be distributed to adults over 18 years of age; possession remains prohibited for minors. In addition, special regulations are to be established for young adults.
Exactly when the law will come into force and cannabis consumption will thus officially become legal in Germany is still unclear. According to the Federal Ministry of Health, the law is scheduled to come into force in early 2024.
Caution: Until then, cannabis is still classified as an illegal narcotic. Among other things, possession is punishable. A criminal accusation should not be taken lightly. In the event of an accusation, you can contact our law firm at any time.
Exceeding the permitted amount – punishable?
When the new Cannabis Act comes into force, cannabis and non-synthetic THC will legally no longer be considered narcotics within the meaning of the BtMG – just like alcohol and nicotine. Possession for non-medical purposes up to 25 grams will remain exempt from punishment, regardless of the specific THC content and the origin of the cannabis. Home cultivation and cultivation in so-called cultivation associations will also be fundamentally exempt from punishment under certain conditions.
Since cannabis is being removed from the Narcotics Act, the penalties established therein will no longer apply in connection with cannabis. However, the new law will still establish a sentencing framework that will apply when the permitted amount of 25 grams is exceeded. According to the Federal Ministry of Health, the sentencing framework will however be lower than that of the BtMG.
Other violations, for example the advertising ban, violations of licensing requirements or record-keeping obligations, will constitute an administrative offense. This can also be punished with a fine if the requirements are met.
Cannabis consumption in road traffic
Even after the enactment of the CanG, every person participating in road traffic must be fit to drive so that road safety can continue to be guaranteed. An interdisciplinary working group is investigating under the leadership of the Federal Ministry for Digital and Transport whether the introduction of a THC limit value under § 24 para. 2 StVG might be sensible. Results of this investigation are expected in spring 2024. Until then, the existing legal situation applies, according to which participation in road traffic after cannabis consumption is generally prohibited. In addition to a possible fine or possible criminal prosecution, drivers must expect driver’s license consequences and, for example, a medical-psychological assessment (MPU).
Cannabis is expressly mentioned in the annex to the StVG; however, unlike alcohol, there are no clearly defined limit values. Case law assumes that from 1.0 ng/ml THC in the blood an administrative offense exists. Similar to the blood alcohol limits, the amount of consumption required to reach this value cannot be clearly defined and depends on the circumstances of the individual case.
What currently applies to cannabis consumption?
Contrary to what might be assumed, cannabis consumption itself is not punishable. However, most consumers commit other offenses that are set out in § 29 BtMG. These include, among others, possession, acquisition, procurement, import and export or trafficking in cannabis. You can learn more about this in our article on the BtMG.
For these offenses, the BtMG threatens an imprisonment of up to 5 years or a fine. In the case of a particularly serious offense (§ 30a BtMG), particularly in the case of armed or organized trafficking in illegal narcotics, imprisonment of not less than 5 years is threatened. A fine is not possible in this case.
You are accused of a drug offense? Here is what you can do
Although legalization of cannabis is planned, the Narcotics Act currently still applies, under which possession and other acts in connection with cannabis, marijuana, and hashish are punishable. You should not assume that law enforcement authorities will no longer prosecute offenses related to such substances due to upcoming changes – on the contrary.
If such an accusation is made against you, you should take it seriously and contact the attorney of your choice. The outcome of such proceedings can never be predicted and is therefore uncertain. High penalties are threatened; multi-year prison sentences are not uncommon.
At the same time, we advise never to act carelessly and without prior legal advice. This particularly applies to police summonses. Do not make any statement to the police and do not appear in response to their summons, but have your attorney cancel the appointment as a precaution.
Contact a criminal defense attorney so that they can request access to the files and decide with you what steps are now necessary. In general, you should always exercise your right to remain silent when in contact with the investigating authorities.
You are accused of a criminal offense? You can contact our specialized criminal defense attorneys at any time. Through our many years of experience, we have been able to support and successfully defend many clients facing accusations in drug criminal law. Please contact us for an initial consultation, even in emergencies:
