Germany’s approach to cannabis and hemp involves detailed regulatory frameworks for medical, industrial, and more recently, discussions around recreational use. Here’s an overview of these regulations, including recent legislative attempts and the status of inhalable CBD products:
Cannabis and Hemp Regulations
- Medical Cannabis:
- Legalization: Cannabis for medical purposes was legalized in Germany in March 2017. This came after amendments to the Narcotics Drugs Act (Betäubungsmittelgesetz), allowing doctors to prescribe cannabis in the form of dried flowers or extracts to patients for whom conventional treatment does not exist or has failed.
- Access: Patients need a prescription to obtain medical cannabis, which can be dispensed at regular pharmacies. The costs may be covered by health insurance if all other treatment methods have been exhausted.
- Industrial Hemp:
- Legal Cultivation: Cultivation of hemp is legal for industrial purposes, as long as the strains used are EU-certified and contain less than 0.2% THC. Farmers must register their cultivation, but they do not need a special permit if they comply with these THC content regulations.
- Controlled Substances:
- General Prohibition: The possession, sale, and production of recreational cannabis remain illegal under German law, though the enforcement can vary significantly between different states and even cities. Possession of small amounts for personal use may be overlooked, depending on regional regulations.
Recent Legislative Attempts
- Coalition Agreement and Legalization Plans:
- After the 2021 federal election, the new coalition government (comprising the SPD, Greens, and FDP) included plans to legalize recreational cannabis in their coalition agreement. This includes establishing a regulated market for adult use.
- As of early 2024, specific legislation for this purpose had not been fully passed, but steps were being taken towards creating a legal framework. Discussions have focused on how to regulate the market, with potential models involving licensed dispensaries and possibly allowing personal cultivation.
- CBD and Other Cannabinoids:
- The legal status of CBD in Germany has also seen clarifications in recent years. CBD products are legal as long as they are derived from hemp strains that are EU-approved and contain less than 0.2% THC. Regulations around food and cosmetic products containing CBD align with EU novel food regulations.
Inhalable CBD Products
- Vaporizers:
- Inhalable CBD products, including vaporizers, are legal in Germany if they comply with the THC content limits and if the CBD is derived from legally grown hemp. The market for CBD vaporizers has been growing, with products widely available both in stores and online.
Germany is at a pivotal point regarding cannabis regulation, with significant changes potentially on the horizon if recreational legalization proceeds as planned by the coalition government. The regulatory environment is set to evolve, potentially aligning more with those countries that have opted for a regulated cannabis market.
