Term and Definition of Marijuana
Marijuana, also known as cannabis, weed, or hemp, is a plant-derived product obtained from the dried flowers and flower-near leaves of female plants of the cannabis genus. It is primarily attributed with psychoactive effects, which are caused by the active ingredient tetrahydrocannabinol (THC) contained within it. Other cannabinoids, such as cannabidiol (CBD), are also present in marijuana, but they either do not possess or only have minimal psychoactive potential.
Legal Classification of Marijuana in Germany
General Legal Situation
In Germany, marijuana is classified as a prohibited narcotic (BtM) under the Narcotics Act (BtMG). The handling of marijuana—especially its acquisition, possession, cultivation, trade, distribution, and import—is punishable unless there is an express exception permit or legal exemption. However, changes have taken place as a result of ongoing legislation, such as the partial legalization for medical use and—from early 2024—also for recreational purposes under certain conditions.
BtMG and Marijuana
According to the BtMG, marijuana falls under Schedule I (non-marketable narcotics), except for approved medical purposes. For these purposes, marijuana may be lawfully obtained and consumed on prescription. Schedule III (marketable and prescribable narcotics) lists cannabis-based pharmaceuticals.
Current Development: Partial Legalization 2024
With the ‘Cannabis Act’ coming into force in 2024, private possession and home cultivation of marijuana has been legalized in Germany for adults under certain conditions. Commercial trade and sale of marijuana remains prohibited, but collective, non-commercial home cultivation has become possible in so-called ‘cannabis social clubs.’ Supplying minors is strictly forbidden, and there are specific quantity and possession limits.
Possession and Cultivation of Marijuana
Possession
The permitted possession quantity is governed by the new Cannabis Act. Adults may generally carry up to 25 grams of dried marijuana and possess up to 50 grams in private premises. Possession above these limits can still result in a fine or prosecution. For minors and adolescents, possession remains punishable.
Home Cultivation
Adults may cultivate a maximum of three flowering cannabis plants in their primary residence or on their own, non-publicly visible property. Cultivation in groups is restricted to so-called cannabis social clubs, which are subject to organizational and official requirements. The sale of homegrown marijuana remains prohibited.
Medical Use of Marijuana
In 2017, marijuana was legalized in Germany for medical purposes under specific conditions. Cannabis-based pharmaceuticals and dried cannabis flowers may be obtained and consumed on medical prescription, if there is a serious illness and alternative treatment approaches have been exhausted. Whether health insurance will cover the costs needs to be examined on a case-by-case basis.
Marijuana in Traffic and the Workplace
Road Traffic
Participation in road traffic under the influence of marijuana is forbidden according to the Road Traffic Act (StVG) and Driver’s License Ordinance (FeV). Even small amounts of THC in the blood can lead to hefty penalties, driving bans, and previously to the revocation of the driver’s license. The threshold levels and detection methods are regularly updated to reflect the latest medical and toxicological findings.
Occupational Safety
At work, restrictions on marijuana use vary depending on the field and company policies, sometimes amounting to strict prohibitions. Particularly in safety-critical professions—such as transport, passenger conveyance, or healthcare—marijuana use constitutes a serious violation of labor law and can lead to disciplinary actions, including termination.
Case Law and Administrative Practice
Jurisprudence regarding the handling of marijuana is in constant development and, in details, shaped by differing regulations among the states. In particular, the interpretation of ‘small quantity’ for dismissals under § 31a BtMG has been repeatedly subject to judicial review. Legalization measures are shifting the focus toward control and prevention.
International Legal Situation
The classification of marijuana as a narcotic varies significantly worldwide. While many countries retain broad prohibitions, other countries such as Canada, Uruguay, and several U.S. states have fully legalized marijuana for recreational use. In the European Union, possession and consumption continue to be regulated or restricted in most countries.
Criminal Consequences of Violations
Possession and Trade
Exceeding permitted quantities, trading, selling, or distributing marijuana remain criminal offenses and are punished with fines or imprisonment. The severity of the penalty depends on the individual case, the quantity, intent, and, if applicable, endangerment of third parties.
Juvenile Protection
Severe penalties are imposed for supplying minors. Sanctions range from fines to imprisonment.
Other Relevant Regulations
Advertising Bans
Advertising for marijuana products and related services is generally prohibited in Germany. This is especially true for child-sensitive locations and media.
Import and Export
Cross-border transport of marijuana, even in small amounts, remains a criminal offense and can result in significant penalties, as both national laws and international conventions apply.
Summary
Marijuana in Germany is subject to an extensively regulated legal framework, which differentiates between possession, cultivation, and consumption. While medical use, and since 2024, some private use are possible, prohibition remains for commercial trade and distribution. International differences make knowledge of the current legal situation and the specific rules in individual cases indispensable. The legal framework is continuously evolving, making regular information necessary.
Frequently Asked Questions
What are the legal rules regarding possession of marijuana in Germany?
Possession of marijuana is basically prohibited under the Narcotics Act (BtMG) in Germany. As a non-marketable narcotic, the acquisition, possession, cultivation, and supply of marijuana are criminal offenses. However, there are exceptions under the Act on the Controlled Handling of Cannabis and Amending Other Provisions (Cannabis Act, CanG), which came into force on April 1, 2024. Under this law, adults may possess small amounts of cannabis for personal use under specific conditions. The permitted maximum quantity is 25 grams of cannabis for personal use in public and up to 50 grams in the private home. Possession and consumption remain completely prohibited for minors. Possession exceeding these limits remains punishable and may result in sanctions such as fines or imprisonment. In certain areas, such as schools, playgrounds, and public sports facilities, a general possession ban still applies.
How is the private cultivation of marijuana legally assessed?
Since the Cannabis Act came into force, private home cultivation of cannabis in Germany is permissible under strict conditions. Adults may cultivate up to three living cannabis plants simultaneously in a protected private area. The products derived from them are exclusively for the individual’s own, non-commercial use, and distribution to third parties—even to other adults—remains prohibited. If persons under 18 years of age are present in the household, the plants and harvest must be stored inaccessible and securely. Cultivation for commercial purposes remains prohibited and continues to be subject to criminal provisions of the BtMG.
What penalties apply for violations of the Cannabis Act?
Penalty ranges and measures differ according to the nature and seriousness of the offense. For minor offenses such as the possession of small amounts of cannabis for private consumption beyond the permitted quantity, fines or conditions imposed by the public prosecutor’s office may be imposed, especially in case of a first offense. For larger quantities, commercial trading, or supply to minors, the penalties can be much higher. The range then extends—from case to case—from fines and imprisonment to further ancillary penalties such as revocation of the driver’s license. Illegal cultivation or sale also remains punishable. In case of doubt, individual assessment by specialist attorneys is always recommended.
Is marijuana consumption allowed in cannabis clubs?
The Cannabis Act allows for the establishment of non-profit cannabis associations (so-called social clubs), in which adult members may jointly cultivate cannabis and distribute it to their members. However, on-site consumption in club premises remains prohibited. Carrying and distribution are subject to strict control mechanisms, with a limit on the amount per member per day (maximum 25 grams) and per month (maximum 50 grams). Distribution of cannabis to non-members or minors is forbidden and punishable. The clubs are subject to strict state requirements regarding the number of members, documentation obligations, and youth protection measures.
What are the requirements for handling cannabis in road traffic?
Participation in road traffic under the influence of cannabis can have serious legal consequences. Anyone driving a motor vehicle under the influence of cannabis violates the Road Traffic Act (StVG) and risks fines, points in Flensburg, a driving ban, or even license revocation (§ 24a StVG). There are legally established thresholds for the THC metabolite in the blood, and even small amounts can be considered proof of cannabis use and result in sanctions. Even after private cannabis use, you must ensure that driving ability is fully restored before using a vehicle.
Is medicinal use of marijuana permitted?
The medicinal use of cannabis has been permitted under certain conditions since 2017 and is unaffected by the Cannabis Act. Patients with specific serious illnesses may obtain cannabis flowers and products from pharmacies with a doctor’s prescription. Coverage of costs by statutory health insurance is decided on a case-by-case basis and requires approval. A precondition for prescription is that previous therapies have failed or are medically inappropriate. Abuse or unauthorized procurement for medicinal purposes without a doctor’s prescription remains punishable.
What age restrictions apply to handling marijuana?
The Cannabis Act imposes a strict minimum age of 18 years for the acquisition, possession, and consumption of marijuana. Any handling of or with cannabis by minors remains prohibited and may result in police action, youth welfare measures, and, where applicable, administrative or criminal proceedings. Adults who supply cannabis to minors or give them access are committing a criminal offense and must expect severe penalties. Even within private settings, requirements must be observed to protect minors from contact with cannabis.
