Cannabis decriminalization will take effect on 01 April 2024

The Cannabis Act (CanG) recently passed by the Bundestag will now mainly come into force on April 1 as planned. However, the specific regulations for the new cultivation associations to be introduced will not come into force until July 1.

Despite proposals from some committees of the Federal Council to either revise the law or stop it altogether, it was not possible to achieve a majority in the Federal Council for these recommendations.

From April 1, it will be legal to grow up to three cannabis plants at home. However, this only applies on condition that the plants are protected in such a way that children and young people do not have access to them. In this context, the government factions have increased the originally permitted possession quantity from 25 grams to 50 grams to take account of the fact that more than 25 grams of cannabis can often be obtained from three plants. As the formation of strictly regulated cultivation associations is not possible under the law until July, home cultivation of cannabis is expected to become increasingly popular in the coming months.

In terms of practical implementation, it will be of particular interest to observe how the police authorities will effectively monitor compliance with the new consumption prohibition zones in public. While the consumption of alcohol in public spaces is permitted in Germany with few restrictions, the new law stipulates that the consumption of cannabis is prohibited in the vicinity of schools, children's and youth facilities, children's playgrounds, public sports facilities and cultivation associations - within a distance of 100 meters to be precise.

Cannabis decriminalization will come into force on 1 April. It also includes an amnesty regulation for existing proceedings. The regulation means that sentences that have not yet been enforced are to be remitted if the offense on which the sentence is based is no longer punishable. If you are involved in criminal proceedings in connection with the Narcotics Act, please contact our law firm for comprehensive advice. Proceedings relating to cannabis in particular are now being discontinued by the dozen.