Let’s look at the current state of cannabis regulation in Germany and when it might become legal.
There is still an evident stigma and tight regulations surrounding cannabis.
Most of Europe has moved towards legalization by decriminalizing recreational cannabis and legalizing medicinal use. There are some countries, however, that still haven’t budged a bit, like France. Germany is one of those countries with high intentions of legalizing, but where there is still some way to go.
Stereotypes aside, Germany is quite strict. There are lots of rules and policies in place that have made the transition towards legal cannabis use a bit more difficult. The great news is that broad picture, cannabis is decriminalized for recreational purposes and legal for medicinal ones.
Zoom in a little more and you’ll see that there are some areas that don’t quite add up. For instance, although using cannabis is decriminalized, possession isn’t, making it quite hard to not get in trouble. Let’s see what we need to know about legalization in Germany.
What Is The Current Legal Status of Cannabis in Germany?
Cannabis regulation is pretty strict in Germany. There are many different categories and comprehensive regulations for all of these. Let’s take a look at how possession, sale and supply, and cultivation are regulated in this country.
Marijuana smoking might become legal in Germany at some point. There is political will. However, implementation is hampered by international law, bureaucracy, and tax rules. Activists want the process accelerated.
Is It Legal To Possess Cannabis In Germany?
Marijuana possession, like the possession of any other substance, is illegal in Germany. According to the German Federal Narcotics Act (Betäubungsmittelgesetz), if caught in possession of any drugs, the offender faces up to five years in prison.
However, cannabis use is not listed as a crime. If an offender is caught with small amounts of cannabis for personal use, the law provides a number of alternatives to prosecution. This leaves some gray areas that make it hard to draw the line and can also lead to the subjective interpretation of the law.
The alternatives to prosecution are chosen based on the following criteria:
- Others’ participation
- History of the offender
- Whether or not the prosecution of the individual would benefit the public.
What’s The Regulation on Sale and Supply of Cannabis?
The sale and supply of cannabis are of course illegal. The offender can receive a prison sentence of up to five years, which can even be made longer by up to fifteen years! The aggravating circumstances include:
- If cannabis was supplied to a minor
- If minors were somehow involved in the sale or supply of cannabis
- Amount of cannabis found
- Relation or operation within or with a gang
- Use of weapons
What About Growing Cannabis? Can I Grow Weed in Germany?
It is also illegal to cultivate weed in Germany. Those found guilty receive the same treatment as those prosecuted for selling or supplying cannabis.
The German government has, however, seen the potential profit from allowing the cultivation of cannabis domestically.
What Amount of Cannabis Is Considered Small By German Standards?
The problem is that there isn’t one single standard. Bad way to start that one out, right? The Federal Constitutional Court highlighted…
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