Germany’s Coalition Government Reaches Final Deal On Marijuana Legalization Bill, With Vote Set For This Month

The leaders of Germany’s coalition government say they have reached a final agreement on a bill to legalize marijuana, resolving outstanding disagreements that had delayed action and setting the stage for a vote in the final week of February and enactment in April.

In a joint statement, leaders of the Social Democratic Party (SPD), Free Democratic Party (FDP) and Greens said the proposed regulations “are a real milestone for a modern drug policy that strengthens prevention and improves health, child and youth protection.”

The legislation, originally brought forward last year by Federal Health Minister Karl Lauterbach, is expected to be slightly revised to account for SPD concerns, with plans to expand and expedite monitoring and reporting requirements related to the illicit market, Legal Tribune Online reported.

“We agreed on the final details cannabis of legalization last night. The fight against the black market, decriminalization and better protection of minors will come as announced,” the health minister said on Thursday. “The previous drug policy has failed, a new beginning.”

Wir haben uns gestern Abend auf letzte Details #Cannabis Legalisierung geeinigt. Die Bekämpfung des Schwarzmarktes, Entkriminalisierung und ein besserer Jugendschutz werden wie angekündigt kommen. Die bisherige Drogenpolitik ist gescheitert, ein Neuanfang https://t.co/qDgbMvj9rz

— Prof. Karl Lauterbach (@Karl_Lauterbach) February 2, 2024

While the bill would currently mandate a study of youth-related trends post-legalization, with a report due four years after enactment, the parties’ latest agreement would extend it by requiring an assessment of how the reform impacts the illicit market that would be carried out “in a timely manner,” the coalition told the German Press Agency, according to a translation.

“We are setting the course for a completely different approach to cannabis and recognizing the realities of life,” Kristine Lütke of the Free Democratic Party said.

🚨 Das #CanG wird wie vereinbart zum 1. April kommen! 🥦

Wir stellen die Weichen neu für einen komplett anderen Umgang mit #Cannabis und erkennen die Lebensrealitäten an 🚀 #WeeklyWeedTweet

— Kristine Lütke MdB (@kristine_lutke) February 2, 2024

A final vote on the legalization bill that was initially planned for last month was ultimately called off amid concerns from SPD leaders.

Lawmakers had already delayed their first debate on the legislation, which was ultimately held in October, ostensibly due to the conflict in Israel and Palestine. They also pushed back a vote scheduled for November as supporters worked on improvements to the bill.

“The final die for a progressive drug policy in Germany has been cast!” SPD’s Carmen Wegge said. I am very pleased that the final discussions have taken place at Cannabisgesetz and that we will now be entering the home stretch at the end of February!”

Die letzten Würfel für eine progressive Drogenpolitik in Deutschland sind gefallen! ❤️

Ich freue mich sehr, dass die abschließenden Gespräche zum #Cannabisgesetz stattgefunden haben und wir Ende Februar nun in die Zielgerade laufen werden!

— Carmen Wegge (@CarmenWegge) February 2, 2024

At a meeting in December, the health minister took questions from members, some of whom oppose legalization. At several points, he pushed back against lawmakers who suggested that legalization would send the wrong message to youth and lead to increased underage consumption, saying their arguments “misrepresented” the legislation.

Lawmakers also recently made a raft of adjustments to the bill, mostly designed to loosen restrictions that faced opposition from advocates and supporters in the Bundestag. They included increasing home possession maximums and removing the possibility of jail time for possessing slightly more than the allowable limit.

Voller Einsatz zahlt sich aus! Der Knoten ist geplatzt, das #CanG kommt! Endlich. Zeitplan für #Entkriminalisierung zum 1.4. wird gehalten.🥦#cannabishttps://t.co/qUpCcdmGn6

— Kirsten Kappert-Gonther (@KirstenKappert) February 1, 2024

The legislators further agreed to stagger the implementation of the reform, making possession and home cultivation legal for adults beginning in April. Social clubs that could distribute marijuana to members would open in July.

Officials are eventually planning to introduce a complementary second measure that would establish pilot programs for commercial sales in cities throughout the country. That legislation is expected to be unveiled after its submitted to the European Commission for review.

Following the bill’s final reading in the Bundestag, it will go to the Bundesrat, a separate legislative body that represents German states. Members of the Bundesrat tried to block the proposed reform in September but ultimately failed.

—Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

Lawmakers in the Bundestag recently held a hearing in the Health Committee, at which opponents criticized some elements of the proposal. The body also heard a competing policy proposal from The Union, a political alliance of the Christian Democratic Union and Christian Social Union (CDU/CSU), that would not legalize marijuana but instead “improve health protection and strengthen education, prevention and research,” Kappert-Gonther said at the time.

The health minister responded to early criticism of the bill from medical and law enforcement groups by emphasizing that the reform would be coupled with a “major campaign” to educate the public about the risks of using cannabis.

While Germany’s Federal Cabinet approved the initial framework for a legalization measure late last year, the government also said it wanted to get signoff from the EU to ensure that enacting the reform wouldn’t put them in violation of their international obligations.

The framework was the product of months of review and negotiations within the German administration and the traffic light coalition government. Officials took a first step toward legalization in 2022, kicking off a series of hearings meant to help inform legislation to end prohibition in the country.

Government officials from multiple countries, including the U.S., also met in Germany last November to discuss international marijuana policy issues as the host nation works to enact legalization.

A group of German lawmakers, as well as Narcotics Drugs Commissioner Burkhard Blienert, separately visited the U.S. and toured California cannabis businesses in 2022 to inform their country’s approach to legalization.

The visit came after top officials from Germany, Luxembourg, Malta and the Netherlands held a first-of-its-kind meeting to discuss plans and challenges associated with recreational marijuana legalization.

Leaders of the coalition government said in 2021 that they had reached an agreement to end cannabis prohibition and enact regulations for a legal industry, and they first previewed certain details of that plan last year.

A novel international survey that was released last year found majority support for legalization in several key European countries, including Germany.

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Top German Official Says Marijuana Legalization Vote On Track For Next Month Despite Growing Criticism In Parliament

Germany’s health minister says he remains confident that a bill to legalize marijuana will pass the national parliament next month and get implemented this spring, despite reports that support is fragmenting among lawmakers.

“I continue to assume that the cannabis law will be passed in the Bundestag in the week from February 19th to 23rd and can then apply from April 1st,” Federal Health Minister Karl Lauterbach said, according to a translation.

He added that increased THC potency in unregulated products necessitates the reform, stating the illicit market “must therefore be dried up.”

“The controlled distribution of cannabis is the right way to achieve this, combined with special protection for children and young people,” Lauterbach said.

Hier im https://t.co/Y7VAvBvL3R Gespräch der aktuelle Stand zur Cannabis Legalisierung. https://t.co/icyNXeWJkt

— Prof. Karl Lauterbach (@Karl_Lauterbach) January 18, 2024

The comments come amid rising doubts about the prospects of advancing the government’s legalization proposal, as certain legislators and state officials voice concerns about provisions such as the enforceability of zoning restrictions for cannabis businesses.

Lauterbach conceded that not every violation can be punished but said “that’s the case with every law,” adding that “we already have a considerable amount of control work to do with the black market,” Welt am Sonntag reported.

Kristine Lütke of the Free Democratic Party, which along with SPD and the Greens is part of the country’s coalition government, said in a social media post that “even though things are currently choppy, I am still confident that we will stick to the timetable for adoption.”

Die Argumente rund um das #CanG sind ausgetauscht und das Gesetz geeint. Wir läuten damit einen Umbruch im Umgang mit #Cannabis ein. Auch wenn es aktuell ruckelt, bin ich nach wie vor zuversichtlich, dass wir den Zeitplan für die Verabschiedung einhalten. 🥦 #WeeklyWeedTweet

— Kristine Lütke MdB (@kristine_lutke) January 19, 2024

While Lauterbach predicts a vote on the legalization bid will proceed next month, it hasn’t been scheduled yet. And as some state interior ministers mount opposition to the reform, certain members of the Social Democratic Party (SPD) who support legalization in principle have increasingly questioned the specifics of the measure that was adopted by the Federal Cabinet last August.

A final vote on the legalization bill that was initially planned for last month was ultimately called off amid concerns from SPD leaders.

Lawmakers had already delayed their first debate on the legislation, which was held in October, ostensibly due to the conflict in Israel and Palestine. They also pushed back a vote scheduled for November as supporters worked on improvements to the bill.

At a meeting last month, the health minister took questions from members, some of whom oppose legalization. At several points, he pushed back against lawmakers who suggested that legalization would send the wrong message to youth and lead to increased underage consumption, saying their arguments “misrepresented” the legislation.

Lawmakers also recently made a raft of adjustments to the bill, mostly designed to loosen restrictions that faced opposition from advocates and supporters in the Bundestag. They included increasing home possession maximums and removing the possibility of jail time for possessing slightly more than the allowable limit.

The legislators further agreed to stagger the implementation of the reform, making possession and home cultivation legal for adults beginning in April. Social clubs that could distribute marijuana to members would open in July.

—Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

Officials are eventually planning to introduce a complementary second measure that would establish pilot programs for commercial sales in cities throughout the country. That legislation is expected to be unveiled after its submitted to the European Commission for review.

Following the bill’s final reading in the Bundestag, it will go to the Bundesrat, a separate legislative body that represents German states. Members of the Bundesrat tried to block the proposed reform in September but ultimately failed.

Lawmakers in the Bundestag recently held a hearing in the Health Committee, at which opponents criticized some elements of the proposal. The body also heard a competing policy proposal from The Union, a political alliance of the Christian Democratic Union and Christian Social Union (CDU/CSU), that would not legalize marijuana but instead “improve health protection and strengthen education, prevention and research,” Kappert-Gonther said at the time.

The health minister responded to early criticism of the bill from medical and law enforcement groups by emphasizing that the reform would be coupled with a “major campaign” to educate the public about the risks of using cannabis.

While Germany’s Federal Cabinet approved the initial framework for a legalization measure late last year, the government also said it wanted to get signoff from the EU to ensure that enacting the reform wouldn’t put them in violation of their international obligations.

The framework was the product of months of review and negotiations within the German administration and the traffic light coalition government. Officials took a first step toward legalization in 2022, kicking off a series of hearings meant to help inform legislation to end prohibition in the country.

Government officials from multiple countries, including the U.S., also met in Germany last November to discuss international marijuana policy issues as the host nation works to enact legalization.

A group of German lawmakers, as well as Narcotics Drugs Commissioner Burkhard Blienert, separately visited the U.S. and toured California cannabis businesses in 2022 to inform their country’s approach to legalization.

The visit came after top officials from Germany, Luxembourg, Malta and the Netherlands held a first-of-its-kind meeting to discuss plans and challenges associated with recreational marijuana legalization.

Leaders of the coalition government said in 2021 that they had reached an agreement to end cannabis prohibition and enact regulations for a legal industry, and they first previewed certain details of that plan last year.

A novel international survey that was released last year found majority support for legalization in several key European countries, including Germany.

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Top German Officials Unveil Draft Marijuana Legalization Bill

Germany’s Health Ministry has unveiled a draft bill to legalize marijuana, submitting it to state officials and the public for review.

The legislation would allow adults to cultivate a limited number of cannabis plants for personal use and set rules for the creation of social clubs where they could obtain marijuana. Officials are also planning to introduce a complementary second measure that would establish pilot programs for commercial sales in cities throughout the country.

Health Minister Karl Lauterbach said that the country “can dry up the black market and fight crime by making it possible to sell cannabis to adults within clear limits,” according to a translation. He also stressed that guardrails will be put in place to prevent youth from accessing marijuana.

The newly released proposal would allow adults aged 18 and older to grow a maximum of three plants for personal use. People would not be allowed to extract oils or manufacture concentrates from the cannabis.

🇩🇪German cannabis law proposal: ✖️Adults (minimum 19 years old) are allowed to grow up to three cannabis plants, regardless of whether these are male or female plants. pic.twitter.com/wSbiYhVvHQ

— VOC Nederland (@vocnederland) July 6, 2023

Personal possession would be capped at 25 grams, with exceptions for those who work at the marijuana social clubs. Those clubs could not be located within 200 meters of a school, and each given city or district could only have one club for every 6,000 residents.

A social club permit would be valid for up to seven years, with the possibility of receiving an extension after five years. Membership to the clubs would have to last at least two months under the draft bill.

Following an administrative review, the first pillar of the legalization plan is expected to be advanced through the cabinet next month. Officials are separately aiming to release the second pillar concerning a pilot program for commercial marijuana sales in the second half of this year.

“Current developments show that the consumption of cannabis is increasing, especially among young people, despite the existing prohibition regulations,” a summary of the new draft legislation says. “The law aims to contribute to improved health protection, strengthen cannabis-related education and prevention, curb the illegal market for cannabis and strengthen child and youth protection. To protect consumers, the quality of consumer cannabis should be controlled and the transfer of contaminated substances should be prevented.”

“The draft law will make it easier for consumers to use cannabis responsibly,” it says. “Private self-cultivation, community non-commercial self-cultivation and the controlled transfer of consumer cannabis to adults for personal consumption are made possible.”

Bewegung in Sachen #Cannabis! 🥦 Die Länder- & Verbändeanhörung zu Cannabis-Clubs & #Eigenanbau ist gestartet. Mitte August soll der Gesetzesentwurf dann ins Kabinett & nach der Sommerpause zu uns in den #Bundestag – Zeit wird es! 💪 #WeeklyWeedTweet

— Kristine Lütke MdB (@kristine_lutke) July 6, 2023

The summary of the 163-page bill also outlines estimates of the costs of implementing and regulating the program, as well as savings from reduced enforcement and new revenue that’s expected to be created through wage taxes from people working at cannabis clubs.

As the government works to advance the home cultivation and social club pillar, the plan is to send the separate commercial pilot program legislation to the European Commission for review before moving to enact it.

The measure as previously described by officials would allow cannabis sales at retailers in select jurisdictions as part of the pilot program that would allow the country to assess further reform over five years. Specifically, officials would study the impact of the shops on consumption trends and the illicit market. Localities would need to opt in to allow the stores to operate.

The health minister first shared details about the revised legalization plan in April. The next month, he distributed the legislative text to cabinet officials.

—Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

Formal legislation detailing the government’s previously announced framework was initially set to be released by the end of the first quarter of 2023, but that timeline was extended “due to scheduling reasons” as officials worked to revise it in order to avoid a potential conflict with international laws.

Lawmakers who have pushed the government for far-reaching cannabis legalization policies reacted mostly positively to the government’s April announcement spelling out certain policy proposals, though some did point out areas they’d like to see improved. So far, the revised measure released this week has generated some criticism from advocates who view it as excessively restrictive on adults.

The health minister said in March that German officials had received “very good feedback” from the EU on the prior reform framework.

Germany’s Federal Cabinet approved the initial framework for a legalization measure late last year, but the government wanted to get sign-off from the EU to ensure that enacting the reform wouldn’t put them in violation of their international obligations.

The framework was the product of months of review and negotiations within the German administration and the country’s “traffic light” coalition government. Officials took a first step toward legalization last summer, kicking off a series of hearings meant to help inform legislation to end prohibition in the country.

A group of German lawmakers, as well as Narcotics Drugs Commissioner Burkhard Blienert, visited the U.S. and toured California cannabis businesses last year to inform their country’s approach to legalization.

The visit came about two months after top officials from Germany, Luxembourg, Malta and the Netherlands held a first-of-its-kind meeting to discuss plans and challenges associated with recreational marijuana legalization.

Leaders of the coalition government said in 2021 that they had reached an agreement to end cannabis prohibition and enact regulations for a legal industry, and they first previewed certain details of that plan last year.

A novel international survey that was released last year found majority support for legalization in several key European countries, including Germany.

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