Germany takes a leap forward on the cannabis question!
On Wednesday, November 24, 2021, the new German government surprised Europe and the world by announcing the forthcoming legalization of cannabis. With this flagship measure of the coalition agreement between the three parties (the Greens, the SPD and the Liberals), Angela Merkel's successors did not pull any punches.
Update (October 2026): the announcement has become law. The Consumer Cannabis Act (KCanG) came into force on April 1, 2024: adults may possess up to 25 grams of cannabis in public and up to 50 grams at home, and grow up to three plants there (§ 3 KCanG); non-profit cultivation associations have been authorized since July 1, 2024. There is, however, no free commercial sale. The CDU/CSU-SPD coalition government formed in 2025 has committed to evaluating this law, which remains in force.
A pleasant surprise
After 16 years at the head of the government as Federal Chancellor of Germany, Angela Merkel was leaving political life. Named the most powerful woman in the world 14 times by Forbes magazine, she was handing over to the future coalition government made up of the SPD, the Liberals and the Greens. On that Wednesday, November 24, 2021, in Berlin, the next chancellor, Olaf Scholz, presented his coalition agreement. Among the 177 projects it contained, one, on page 87, caused a sensation both in Germany and in the rest of Europe, since it was nothing less than the legalization of cannabis. A small revolution: the project then provided for regulated sales in licensed stores; the law finally adopted in 2024 was limited to personal cultivation and cultivation associations. In the meantime, Malta (December 2021) and then Luxembourg (July 2023) had already legalized home cultivation.
Germany and cannabis in a few points
- Before 2024, unlike France, the use of cannabis was not penalized in Germany, only possession and cultivation were; since April 1, 2024, possession and cultivation have been permitted for adults within the limits set by the law
- Following the example of the Netherlands, in February 2008 Germany allowed 7 patients to receive treatment based on medical cannabis.
- In 2017, Germany authorized the prescription of cannabis for medical use to seriously ill patients, on prescription; these products are dispensed in pharmacies and may be reimbursed by health insurance.
- In 2021, the coalition government led by Olaf Scholz, bringing together the Greens, the SPD and the Liberals, announced from Berlin the forthcoming legalization of cannabis.
- On April 1, 2024, the cannabis law came into force: possession and personal cultivation were permitted for adults, followed by cultivation associations from July 1, 2024.
Public health reasons
Germany is a far more tolerant country toward cannabis than many of its European neighbors, including France. The legalization of cannabis is therefore not a new topic for the Green party and its voters, who are generally younger than those of the SPD or the Liberals. The new government put forward a public health interest as an argument in favor of legalization in the country. Cannabis sold illegally on the streets is often cut with all kinds of substances such as henna, tire rubber, crushed glass or sand in order to maximize the profits from its sale. In addition, new synthetic cannabinoids have appeared on the black market. The legalization of cannabis, and its sale under state control, would therefore make it possible to tackle these abuses, but also to control the composition and quality of the products offered for consumption. In the end, the 2024 law did not create stores: cannabis comes from personal cultivation or from cultivation associations. Besides the expected public health benefits, the State itself could benefit from tax revenue, like some countries such as Canada that allow the use of cannabis.
What is the situation in France?
France has around 1.3 million regular cannabis users (OFDT, Drugs and addictions, key figures 2022), one of the highest levels of consumption in Europe. Although, before being elected President of the Republic, Emmanuel Macron said he believed in "a form of effectiveness" of cannabis legalization, France has not changed course since: the use of narcotics remains an offense punishable by up to one year's imprisonment and a fine of up to €3,750 (Article L3421-1 of the French Public Health Code, code de la santé publique), most often penalized with a fixed criminal fine.
