The people of New Zealand just voted down a measure to legalize cannabis through a referendum. New Jersey just legalized it recreationally also through its own referendum. Germany didn’t put the question to its people, but last month the government of Germany rejected its recreational cannabis bill.
A little about Germany and cannabis
As per the title, recreational marijuana is not legal in Germany. In fact, possessing it at all can garner a person up to five years in prison according to the German Federal Narcotics Act, though conversely, it’s not technically illegal to use it, since there is no stated law against it. If caught with small amounts, offenders are usually put in a program over anything more serious, at least for first-time offenders. The term ‘small amount’ is not very well defined, though, and can mean anywhere from about 6-15 grams depending on where in Germany the possession takes place. Plus, the amount is judged by quantity and potency over actual weight, meaning the THC content helps define the amount in the end.
Sale and supply crimes are predictably illegal, and offenders can receive up to about five years in prison. This sentence goes up from 1-15 years depending on the circumstances of the case. Cultivation on a personal level is also illegal and garners the same punishment as sale and supply crimes.
In terms of CBD, while Germany already had been permitting it, the recent decision of the CJEU (Court of Justice of the European Union) in the case of France vs the EU, makes it that much more clear. EU standard has now been found to trump local member state laws when it comes to the import and export of CBD between member states. As per EU standards, Germany does not allow more than .2% THC in CBD oil preparations.
Technically, the medical use of a cannabis drug has been legal since 1998 in Germany when dronabinol was rescheduled. It wasn’t until 2017, however, that Germany further legalized medicinal cannabis. As of 2017, new legislation opened the door for more disorders and sicknesses to be relevant for treatment.
What about Germany’s market?
The thing about Germany is that it already has one of the biggest cannabis markets in the EU, and even in the world, though right now it’s all a medicinal market. In 2019, for example, Germany was the biggest importer and exporter of cannabis oil in the EU. Though the country can’t compete just yet with the US in terms of imports – the US for 2019 imported approximately $893 million worth of cannabis oil making it the clear leader, Germany did get the #2 spot with $240 million worth of oil imported that year. When it comes to exports, Germany led the EU with about $230 million worth of cannabis oil exports, but that was only 4th place in the world. Topping the export list was China, sitting pretty with just under $1 billion worth of cannabis oil exports that year.
Cannabis oil is only part of it. Most of the legal cannabis world still revolves around dry flowers, and Germany just happens to have a massive cannabis flower market as well. And one that is only looking to grow and expand out more. In July, Germany released data on its medical cannabis imports for the first two quarters of the year. While Q1 showed an increase of 16%, Q2 showed a massive 32% increase, and this at the height of the Coronavirus pandemic…
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