German Cannabis Legalization Is Here To Stay

With a population of over 83 million people, Germany is currently the largest country to adopt a national adult-use cannabis legalization measure. The first provisions of Germany’s historic CanG legalization law took effect on April 1st, 2024, with adults 18 years old and older now permitted to cultivate, possess, and consume recreational cannabis.

Unfortunately, not everyone is happy with the implementation of the new law. Leading up to the legalization implementation date in Germany, the nation’s conservative opposition vowed to overturn the policy change if/when they gained control of Germany’s government.

“In our view, drugs policy, particularly with respect to protecting young people, is an issue of such central significance that we will revoke the legalization of cannabis in the event we take power,” lawmaker Thorsten Frei previously stated at the time. “In any possible coalition talks, [the rolling back of the legislation] will be a firm standpoint for us.”

“It’s an illusion that the law allowing cultivation for personal use will drain the black market. It’s not the case that every consumer will grow their own or join a so-called social club,” he also said.

Cannabis opponents like Thorsten Frei, who continue to spread prohibitionist talking points in Germany, seem to completely disregard the fact that Germany already had a public policy approach like the one that opponents are demanding, and that approach to cannabis public policy failed miserably.

Under prohibition, the unregulated market had 100% control of the domestic cannabis industry, which is why calls to return to it under the premise that ‘legalization does not completely eliminate the unregulated market’ is disingenuous at best. That point is not lost on Germany’s Health Minister Karl Lauterbach:

⁦@_FriedrichMerz⁩ will #Cannabis zurück zum Angebotsmonopol für den Schwarzmarkt. Legale Alternativen zB zum Mocro Clan lehnt er ab. Wähler werden für dumm verkauft, wenn man sagt: wenn Verbot kommt, kifft keiner mehr. Wir hatten Verbot, es half nie https://t.co/HGio6ZwEM4

— Prof. Karl Lauterbach

“⁦@_FriedrichMerz wants #Cannabis to return to the monopoly on supply for the black market. He rejects legal alternatives, such as the Mocro Clan. Voters are being taken for fools when people say: if there is a ban, no one will smoke weed anymore. We had a ban, but it never helped” stated Karl Lauterbach in a recent social media post (translated from German to English).

Whether cannabis opponents in Germany like it or not, legalization in Germany is already showing signs of working. Personal cannabis cultivation is already proving to be very popular with adult consumers in Germany, as reflected by a recent YouGov poll which found that 7% of poll participants indicated that they had already purchased cannabis clones or seeds since legalization took effect. Commercial sales of cannabis clones and seeds were legalized in Germany as part of the nation’s new cannabis law (CanG).

In addition to the 7% of poll participants indicating that they had already purchased cannabis clones or seeds, another 11% of poll participants responded that they plan to purchase cannabis clones or seeds in the future. That increased rate of home cultivation in Germany directly combats the unregulated market.

Another major component of Germany’s legalization model involves permitting adults to join cultivation associations from which to legally source their cannabis. Starting last month, regulators in Germany began accepting applications for cultivation associations.

In a recent nationwide survey conducted in Germany by Pronova BKK, 44% of self-reported ‘regular’ cannabis consumers indicated that they plan to join one of the country’s cultivation associations once they launch in their area. Another 27% of ‘occasional’ cannabis consumers also indicated that they plan to join an association.

Much like the rise in home cultivation, associations will further erode Germany’s unregulated cannabis market. The eventual launch of regional adult-use cannabis commerce pilot programs later this year will also further combat Germany’s unregulated market.

The unregulated cannabis market in Germany will never be 100% eliminated, just as the unregulated market for tobacco and alcohol products will never be completely eliminated. However, that is not to say that cannabis policy modernization efforts are not worth it.

According to a 2021 report from Heinrich Heine University Dusseldorf, Germany should save 1.05 billion euros annually by no longer enforcing cannabis prohibition, in addition to judiciary savings of 313 million euros per year. Whether someone consumes cannabis or not, they should realize that cannabis prohibition is a colossal waste of limited public resources, and a more sensible approach to cannabis policy is the right move.

Cannabis opponents in Germany seem to be predicting a potential legalization ‘buyer’s remorse’ on the horizon, but if Germany is like other jurisdictions that have legalized recreational cannabis, the prediction by cannabis opponents will not materialize.

According to a recent poll conducted by Research Co., a strong majority of Canadians (54%) were still in favor of legalization five years after the nation’s policy change. In the United States, youth cannabis consumption rates have plummeted in the last decade as more jurisdictions have modernized their cannabis policies to permit regulated sales.

By every measure, legalization is superior to prohibition, and most German citizens will no doubt recognize that fact as time goes on.