Germany’s lower house of parliament voted last week to legalize the consumption and cultivation of cannabis by adults, although the measure passed by the Bundestag does not permit commercial sales of recreational marijuana. The legislation legalizes cannabis clubs, however, allowing groups of no more than 500 adults to collectively grow weed for personal use by club members.

“We have two goals: to crack down on the black market and improved protection of children and young people,” Health Minister Karl Lauterbach said during the debate on Friday after lawmakers opposed to legalizing cannabis accused him of promoting drug use, according to a report from Reuters.

The ruling three-party coalition led by Chancellor Olaf Scholz passed the legislation to legalize cannabis in the Bundestag on Friday by a vote of 407-226. Under the measure, adults aged 18 and up will be permitted to grow up to three cannabis plants and possess up to 25 grams (nearly an ounce) of cannabis. The personal possession and consumption provisions of the legislation are scheduled to go into effect on April 1.

The legislation also allows adults to join cannabis clubs of no more than 500 members beginning on July 1. Cannabis clubs would be permitted to grow cannabis for personal consumption by members, who would be allowed to purchase up to 25 grams of cannabis per day and 50 grams per month. Members younger than 21 would be capped at 30 grams of pot each month.

Membership in multiple cannabis clubs will not be allowed. The cost of cultivating cannabis and operating the clubs will be covered by membership fees, which will charged on a tiered scale based on the amount of cannabis a member uses each month.

The legislation bans locating cannabis clubs and consuming weed close to schools, playgrounds and sports facilities. Cannabis advertising and sponsorships are also prohibited. Additionally, the measure requires a report on the effectiveness of the legislation to protect children and youth from weed. 

German Lawmakers Back Away From Broader Legalization Plan

The plan to legalize cannabis in Germany falls short of the broad reform plan first proposed by the ruling coalition after taking power in December 2021. Under the original proposal, commercial cannabis production would have been permitted, with sales of weed occurring at licensed retailers across the country. The plan was scaled back, however, after talks with European Union officials.

Nonetheless, Germany’s limited cannabis legalization plan is opposed by conservative politicians in the Bundestag and the upper house of parliament known as the Bundesrat, which represents the country’s 16 state governments. 

“You’re asserting here in all seriousness as health minister … that we will curb consumption among children and young people with the legalization of further drugs,” conservative lawmaker Tino Sorge said to Lauterbach, as quoted by the Associated Press. “That’s the biggest nonsense I’ve ever heard.”

Although the measure does not require the approval of the Bundesrat, the chamber could delay the legislation. The conservative government of the state of Bavaria has said it will examine whether it can bring legal action against the cannabis legalization plan.

After the vote, Lauterbach told reporters that illicit marijuana “dealers have no reason at all to celebrate,” noting that the new law includes provisions that set a minimum jail sentence of two years for those convicted of selling cannabis to underage youth.

The vote to legalize cannabis in Germany makes the country the third European Union nation to take the step, after Malta and Luxembourg. Jason Adelstone, an attorney focusing on federal and international policy at the cannabis law firm Vicente LLP, said that the legalization of cannabis in Germany could spur further reform across Europe.

“It is exciting to see the scaled-back German legalization measure finally become law. Even though Germany didn’t legalize commercial sales, the governing coalition should be applauded for turning the page on prohibition,” Adelstone said in an email to High Times. “With Germany joining Malta and Luxembourg in acknowledging that regulation, rather than prohibition, better protect the health and safety of its citizens, it could help propel other EU nations to do the same.”

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Germany took a major step toward marijuana reform on Wednesday when the country’s cabinet approved a bill that will liberalize its cannabis laws.

The approval comes a month after the country’s ministry of health released the draft bill of the new marijuana regulations.

After Wednesday, the measure still must be approved by the German parliament before it becomes law, but it marks a significant step.

As the Associated Press put it, the approval by the cabinet sets the stage “for the European Union’s most populous member to decriminalize possession of limited amounts and allow members of ‘cannabis clubs’ to buy the substance for recreational purposes.”

“The legislation is billed as the first step in a two-part plan and still needs approval by parliament. But the government’s approval is a stride forward for a prominent reform project of Chancellor Olaf Scholz’s socially liberal coalition, though significantly short of its original ambitions,” the Associated Press reported on Wednesday. “The bill, which the government hopes will take effect at the end of this year, foresees legalizing possession of up to 25 grams (nearly 1 ounce) of cannabis for recreational purposes and allowing individuals to grow up to three plants on their own.”

According to the AP, German residents “who are 18 and older would be allowed to join nonprofit ‘cannabis clubs’ with a maximum 500 members each,” while the “clubs would be allowed to grow cannabis for members’ personal consumption.”

The reform effort has been months in the making, with German Health Minister Karl Lauterbach spearheading the charge.

“This is an important law that will represent a long-term change in drug policy,” Lauterbach said on Wednesday, as quoted by The New York Times.

In April, Lauterbach and other German officials unveiled a decidedly more scaled-back cannabis reform proposal than what was originally envisioned.

The original proposal, announced by Lauterbach last fall, “foresaw allowing the sale of cannabis to adults across the country at licensed outlets,” the Associated Press reported. 

The revisions to the cannabis proposal came after German officials met with the European Union. EU laws are always bound to be a potential impediment to the reform effort.

German Agriculture Minister Cem Özdemir said that European law “sets us limits we must respect, but that I will also say we are pushing,” as quoted by the Associated Press.

Still, the reform is significant for what is Europe’s largest economy.

The New York Times has more background on how the weaker measure arrived before the cabinet on Wednesday, and all the obstacles it overcame along the way:

“The socially liberal coalition announced its intent to legalize recreational marijuana when it came into power in 2021, quickly finding consensus on an issue opposed for years by the government of Chancellor Angela Merkel. But implementation has proved difficult. A version of the plan introduced last year by Mr. Lauterbach would have allowed the distribution of marijuana through commercial stores. That idea was scuttled after meeting resistance from the European Union’s executive arm, the European Commission. Instead, the legislation approved on Wednesday allows distribution through the creation of licensed private cultivation associations with no more than 500 members. Members would be allowed to buy up to 25 grams — slightly less than an ounce — on any one day, but with a limit of 50 grams in a month. The German government also plans to launch a series of regional pilot programs that would allow the sale of cannabis through a small number of licensed specialty shops, in an attempt to gather more information about the effects of allowing individuals to purchase marijuana commercially.”

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Germany‘s cannabis liberalization plans will not be as comprehensive as folks hoped. At least for now, Amsterdam-style coffee shops may be a pipe dream after talks with the EU. Instead, the Associated Press reports that the watered-down plan will use state-controlled non-profit social clubs. If you’re a German resident at least 18 years old, you can join one and purchase up to 25 grams per day (or up to 50 grams per month). However, if you’re in the 18-21 age bracket, that figure is limited to 30 grams for adults under age 21. 

Germany has allowed the sale of cannabis for medical patients since 2017. The cannabis liberalization plan is one of many social reform projects proposed by socially liberal German Chancellor Olaf Scholz’s three-party governing coalition planned to instate when taking office in December 2021.

Additionally, these cannabis clubs have a set maximum of 500 members each. The clubs can grow their own cannabis for their members to enjoy. Individuals can also grow, but it is limited to three plants per person. You’re only allowed to join one club, and authorities can limit the number of clubs that exist. The clubs’ expenses will be covered by membership fees, on a sliding scale, depending on how much cannabis the members use.

German officials also plan to set up regional test projects to sell cannabis through “commercial supply chains,” Health Minister Karl Lauterbach said. The finished proposal is a watered-down one that was initially proposed in October, which would allow the sale of cannabis to adults all across the country at licensed ships.

German ministers say that the scaled-back plan for liberalization results from restrictions established by the EU. Not everyone is ready to embrace the brave new world of cannabis legalization. Just as it is across the pond in the U.S., Conservative politicians oppose cannabis liberalization, saying loosening restrictions is dangerous, the BBC reports. For example, the Bavarian Premier Markus Söder tweeted that legalizing drugs was “simply the wrong path to go down,” adding that “drug clubs” did not solve any problems but created new ones. As a result, in a relatable outcome, Germany had to compromise. 

While Germany’s new cannabis plan is not a pro-cannabis advocate’s ideal outcome, it’s still a big step in the right direction. Twenty-five grams is nearly an ounce of cannabis. The intention of liberalizing Germany’s cannabis laws is to try and stop the black market. However, the country would be advised to look at places such as California, where the illegal market continues to flourish due to government red tape and high entry barriers into the legal market. If any country or state truly wants to eliminate illicit weed, it would be best served to create a realistic plan that meets consumers’ desires. 

The scaled-back plan comes after meetings with the European Union’s (EU) executive commission. The Associated Press reports that Agriculture Minister Cem Özdemir said EU law “sets us limits we must respect, but that I will also say we are pushing.” Özdemir also noted that the draft of the legislation will be finalized this month and that “consumption will become legal this year already.” The next step is to implement five-year tests of regulated commercial supply chains in select regions which remain to be chosen. 

The plans still need to obtain the approval of the German parliament’s lower house (officials said an endorsement is unnecessary from the upper house). That chamber represents Germany’s 16 state governments, including the country’s primary and more conservative center-right opposition bloc, which opposes liberalizing cannabis laws. However, the health minister argued that Germany’s existing policies have failed and added that their goal is to create safer products. “We are not creating a problem,” Lauterbach said. “We are trying to solve a problem.”

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Of all the countries on the old continent, good old Germany is the one that is on the verge of a large-scale legalization of cannabis, which will significantly change the cannabis culture and will have to decide between two paths. Does it go the traditional way of the green Amsterdam school or does it follow the zeitgeist of the purple American-Californian philosophy in its then-new financially strong market? This editorial looks at the current situation in the economic powerhouse of the E.U., ventures a glimpse into the future and clarifies whether there might not be a third alternative path for Germany.

But before we can dare to look into the crystal ball and make predictions, we need to take a look at the current situation. An analysis of the current state before we can turn our attention to the target state. Germany does not have a national, recognized cannabis culture in the classical sense. Nor does Germany have any hotspots for cannabis culture, as Barcelona is for Spain or Copenhagen is for Denmark. While the judiciary in the south of the Federal Republic of Germany is still partly tough on small offenses, the police in other metropolises of the country are already wiser and in Berlin, Leipzig, Hamburg, or Cologne much more generous towards private cannabis users. Nevertheless, in the 16 years of Angela Merkel’s and the conservative CDU’s chancellorship, no sustainable cannabis culture has been able to develop. This does not mean that cannabis has not developed in Germany.

Since 2017, cannabis has been legally available for medical use. CBD products are everywhere and available at every second kiosk (bodega) and every Späti (the German’s favorite word for a small deli). Although the regulations are high you can find CBD flower everywhere, even the recognition factor has developed. The idea of a cannabis culture is in demand, even if THC is missing and cannabis containing THC still often has to be bought in parks around the corner or dubious areas. However, the current state of things also includes the fact that in the country of Bayer and BASF, a new branch of biochemical innovation has quietly emerged, which has already made financially strong experts in the industry such as Boris Jordan of Curaleaf become active. The great hunger in Germany for a social cultural embedding of cannabis and the German spirit of innovation in medical cannabis are two sides of the same coin, which could open up a path between green and purple fronts for Germany and, upon closer examination, make it a logical place for the further development of the worldwide cannabis culture. Clearly, the starting signal for legalization came from politics.

The new government elected in 2021 under the Social Democrats of Olaf Scholz has initiated a turning point. From a German perspective, this seems almost paradoxical, as Scholz took office promising to be the continuation and male version of Angela Merkel, who was known in U.S. circles as the so-called “Teflon chancellor.” So there is no point in looking at the current chancellor and his Social Democrats from the SPD on this issue, since he, like Merkel before him, does not let any issues stick to him. As a matter of fact, the focus has to be turned to the two parties that govern together with Scholz. The more left-wing Green Party Alliance 90/The Greens and the Free Democrats of the liberal party FDP. This government (SPD=red; FDP=yellow; Greens=green), known as the “traffic light coalition”, has defined in its coalition agreement that cannabis will be legally available in licensed specialized shops. The fact that three parties are governing in Germany is a novelty and had been expected with great excitement, as the last attempt at a three-party coalition had failed in the exploratory talks. The hype is real.

The legalization of cannabis had been on the agenda of the Green Party and liberal FDP for some time and was therefore an important unifying factor with media impact. The Greens were founded as a pacifist and alternative party and thus legalization was woven into the party’s DNA. The Liberals recognize the potential of a new market and trust in the individual’s personal responsibility in deciding for or against cannabis. They can also trust in the functions of a newly forming free market.

Despite all the justified criticism of capitalism, the example of cannabis shows some of the strengths of this economic system. The forces of a free market (with state framework conditions for all) set continuous improvement processes in motion, because companies want to set themselves apart from their competitors in terms of quality. Innovation, passion, and product understanding drive the industry to new heights. The customer and their needs must be understood and cannabis must be thought of in a holistic way in this new market. There must be full vertical integration without abusing the credibility of cannabis as a cultural property and allowing cannabis to degenerate as a profit-driven vehicle, as some German lobbyists are already trying to do. This is also a paradox, as some of them come from the CDU.

The best case of how to do it right is the company Boris Jordan invested in. Europe’s leading medical cannabis company—The Bloomwell Group. The Bloomwell Group, based in Frankfurt a. M., shows how cannabis in its dual function as a medicinal plant and cultural asset can work in a corporate context. The company houses three entities. Algea Care, which as the leading telemedicine company on German soil, stands for ensuring therapy and access to medical cannabis. Ilios Santé, the importer and trading arm, and the slumbering giant Breezy. The latter, through a cooperation in the near future, will enable the cashing of prescriptions for medical cannabis and position itself in the German market as the leading lifestyle brand in the cannabis space. Breezy will satisfy the hunger after legalization.

Germany’s sophisticated industry is already positioning itself as a global leader in medical use with cannabis in some areas, showing a clear case. The technical know-how and entrepreneurial spirit are there. The social desire for a credible cannabis culture is great and the political will for legalization is there. Breezy operates in a wonderful biotope where a thriving cannabis brand can manage to combine culture and technology.  In my column for the nationally-published startup magazine Business Punk, I wrote about “the respectful treatment of culture.” Cannabis is the unifying factor of several cultures that need to be embedded industrially and legislatively in a sensible way. It is important to take the different influences and communities with us. My work as a designer in the fashion industry has shown me that it is important to use synergies. First anchored in the niche and subculture, I launched my own streetwear collaboration with soccer team VfL Bochum 1848, a first division team of the Bundesliga. Bloomwell not only knows how to use synergies, but also how to create them.

In my role as VP of Marketing, I was able to win rap star and entertainment mogul Xatar as our first brand ambassador and partner. Germany offers high-growth investment opportunities in the coming years and it’s up to the cannabis enthusiasts from the beginning to pave the market with an emotionalized approach and help shape our common culture.

Maybe we’re gonna be talking about the German Blue strains soon? Who knows…

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