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Overview of Cannabis in Germany
The cannabis laws in Germany have drastically evolved since the legalization of medical cannabis in 2017. Germany recently introduced the Cannabis Act (Cannabisgesetz, CanG) on April 1, 2024. The Cannabis Act introduced the new Consumption Act (Konsumcannabisgesetz, KCanG) and made changes to the Medicinal Cannabis Act (Medizinal-Cannabisgesetz, MedCanG) and the Narcotics Act (Betäubungsmittelgesetz, BtMG).
The Cannabis Act (CanG) is intended to minimize illicit sale and consumption of cannabis by making cannabis more accessible. CanG is being rolled out using a two-pillar approach, which started with the April 1, 2024 introduction of “Pillar 1”. This initial phase of legalization decriminalized cannabis possession, consumption, and home cultivation. Cannabis was also removed from the list of narcotics with the implementation of Pillar 1.
Under the new legislation, individuals 18 and older are permitted to possess up to 25 grams of cannabis in public and 50 grams at home. Additionally, adults in Germany may cultivate up to three marijuana plants per person. Public consumption of cannabis is legal, but prohibited near schools, kindergartens, playgrounds, sports facilities, and in pedestrian zones in city centers from 7:00 AM to 8:00 PM.
Cannabis laws in Germany and CanG do not include any official plans for establishing a retail cannabis market, which means opening and operating cannabis dispensaries in Germany is illegal.
The updated cannabis laws in Germany allow those aged 18 and older to join a cannabis club once “Pillar 2” is implemented.
Pillar 2 has an expected rollout date of July 1, 2024. However, there isn’t currently any concrete regulatory framework that supports the implementation of this phase. The primary attraction of Pillar 2 is cannabis social clubs. Cannabis social clubs are also frequently called cannabis clubs, cultivation associations, and growers’ associations.
Cannabis Social Clubs
Cannabis social clubs are a not-for-profit membership-based organization that distributes legal cannabis and cannabis products to members of the club. Residents in Germany will be able to join cannabis clubs beginning in July, 2024.
Each club is limited to 500 members who can purchase up to 25 grams of cannabis per day and up to 50 grams per month. The cannabis being distributed by cannabis clubs is grown in-house, and it can only be distributed to members. Cannabis cannot be consumed on the club’s property. This includes all land that the cultivation area is on, such as the cultivation area, greenhouse, and anywhere else within 100 meters around the entrance of the club.
German residents can only be a part of one cannabis club at a time, and they must be 18 years-of-age or older. A required monthly membership fee will cover the club’s operational costs.
Cultivation associations cannot be located inside of a house or dwelling, or on a property that’s also used for housing purposes.
Each club will undergo regular inspections to ensure compliance with the country’s recreational-use regulations.
Currently, there is very limited public information available about cannabis clubs, but more information is expected to be released in 2024.
Operating Requirements for Growers’ Associations
There are a number of requirements that cannabis social clubs will need to meet in order to maintain compliance.
Cannabis clubs need to operate within these limits
Membership: No more than 500 members.
Location: Must be atleast 200 meters away from schools, children’s and youth facilities, and playgrounds.
Advertising: Cannabis social clubs cannot advertise the club or their products in any way. Clubs also cannot accept sponsorships.
On-Site Consumption: Cannabis consumption is not prohibited inside the clubs or within 200 meters of the club.
Limited Cultivation: Cannabis clubs can only grow the amount of cannabis needed for members. All excess cannabis needs to be destroyed and disposed of.
Packaging and Labeling: All packaging must be neutral, including a leaflet detailing the weight in grams, harvest date, best before date, variety, average THC and CBD content, and average percentage of CBD in Germany.
How to Get a Permit for a Cannabis Club
The application to start a cannabis club must be submitted in writing or online. All of the information featured in the application must be written in German, and contain every required document and piece of information. Permits remain valid for a maximum of seven years, but can be extended after five years. There are numerous legal requirements that must be met by each founding member of a cannabis club in order to receive a permit:
- Representatives must have unlimited legal capacity and reliability for handling cannabis, seeds, and cuttings. This means that board members and founders of the club cannot have a criminal record that would signify a lack of compliance with the Cannabis Act or the protection of the health of children or minors. Disqualifying convictions include drug-related offenses, (with the exception of some cannabis related offenses) and crimes related to organized crime.
- The association must protect cannabis, seeds, and cuttings from access by children, adolescents, and unauthorized third parties.
- The association must ensure compliance with the Cannabis Act and related regulations.
Medical Cannabis in Germany
Germany’s medical cannabis market came into fruition in 2017. In 2024, Germany is expected to see nearly $500 million USD in revenue generated from the sale of German medical cannabis.
German Medical cannabis can only be obtained from a pharmacy by purchase from an individual with a prescription from a doctor.
Medical Cannabis Permits
Anyone involved in the cultivation, manufacturing, trading, importing, exporting, delivering, selling, marketing, obtaining, or acquiring of medicinal cannabis, or using it for medical scientific purposes, must obtain a general Germany cannabis license from the Federal Institute for Drugs and Medical Devices (BfArM).
The application for a Germany cannabis license requires that the following information and documents be submitted to BfArM:
- Surname, first name, and address of the applicant and responsible persons, including company details if applicable. For legal representatives or legal entities, provide the representative’s details.
- A certificate of good conduct for the applicant and responsible persons, as per Section 30 Paragraph 5 of the Federal Central Register Act.
- Proof of expertise and a statement of the ability of each responsible person to fulfill their obligations continuously.
- Description of the business premises’ location, including place, street, house number, building, and part of the building.
- Indicate whether the application is for handling cannabis for medical or medical-scientific purposes and specify the actions to be permitted.
- Specify the type of cannabis for medicinal or medical-scientific purposes.
- For scientific purposes, provide an explanation of the scientific objective with relevant literature references.
Other requirements may be necessary as each application is unique and assessed on a case-by-case basis
Importing Cannabis into Germany for Medical Use
Germany is one of the largest importers of medical cannabis, resulting in the majority of the medical cannabis sold in the country being sourced from abroad. In 2023, Germany had nearly 71,000 pounds of cannabis imported for medical and scientific use, almost half of which came from Canada.
To import medical cannabis, your organization will need:
- From a signatory nation to the Single Convention on Narcotic and Drugs 1961. This does not include the US.
- An EU-GMP certificate.
- AMRadV-compliance if medical plants are radiated or ionized for pest control.
- Import Authorization from BfArM.
Why Work with CannDelta?
CannDelta’s cannabis experts are experienced in Germany’s cannabis regulatory landscape and possess the tools required to obtain medical cannabis license in Germany and cannabis club permits.
Permit Applications:
CannDelta will help you obtain a cannabis license in Germany and enter the market with confidence. Our team provides comprehensive support in preparing, submitting, and monitoring your license application to ensure compliance and competitiveness.
Build a solid foundation for your cannabis club. We craft business plans that meet regulatory requirements and pave the way for sustainable growth and operational excellence so your cannabis club exceeds expectations.
Our experts create detailed security plans that protect your assets, comply with Germany’s regulations, and offer peace of mind.
Stay ahead with our thorough site audits. We identify potential issues and offer practical solutions to maintain compliance and efficiency.
Standard Operating Procedures (SOPs):
Enhance your daily operations with a tailored operating plan designed to increase efficiency. We develop clear, compliant SOPs to ensure smooth business operations.
Employee Staffing and Training Plan:
Our recruitment strategies and customized training programs ensure your team is prepared to excel in the industry.
Fill out the form below to connect with our cannabis consultants today!
Frequently Asked Questions
Is CBD Legal in Germany?
With the passing of the Cannabis Act (CanG), the cannabis laws in Germany allow you to possess CBD in Germany. This includes cannabis flower and cannabis products like CBD oils.
Can I Open a Dispensary in Germany?
You cannot open any kind of cannabis dispensaries in Germany. Even though cannabis is legal, there is no regulatory framework or laws that authorize dispensaries. Medical cannabis can only be purchased from pharmacies by medical patients holding a prescription. Recreational cannabis can be obtained by joining a cultivation association (cannabis club), or by home cultivation.
Is Cannabis Legal in Germany?
Cannabis is legal in Germany for recreational use following the Cannabis Act (CanG), passed in April 2024. Medical cannabis has been legal in Germany since 2017. Cannabis legislation is expected to continue evolving throughout 2024 with the release of regulations for the highly anticipated “cannabis social clubs” currently allowed to open on July 1, 2024.
Can I Import Cannabis into Germany?
You can import cannabis into Germany with the appropriate licenses. To get the required licenses, your organization must meet the following standards:
- Organization must be from a signatory nation to the Single Convention on Narcotic and Drugs 1961. This does not include the US.
- An EU-GMP certificate.
- AMRadV-compliance if medical plants are radiated or ionized for pest control.
- Import Authorization from BfArM.
Can I Open a Cannabis Business in Germany?
There are few business opportunities in Germany’s cannabis industry. This is largely because legalization of recreational use happened very recently. As of now, most of the business opportunities are in the medical cannabis space, however, even those are very limited. Cannabis social clubs will be the next big business opportunity, but they are not-for-profit, making things slightly more tricky for the owners of the association.
How do I get a Cannabis License in Germany?
The process of getting a license is highly dependant on the kind of license you are hoping to get. There is little information surrounding the process of starting a cannabis club, but regulations and application requirement details are expected to be released in 2024. Other licenses follow different processes. For cultivation, Germany does not actually issue any formal licenses. Instead, they use a contract system where organizations can bid on contracts, that when won, will allow them to cultivate under specific guidelines.
