Cannabis Laws in Germany

The Cannabis Act (CanG) — April 2024

On 1 April 2024, Germany enacted the Cannabisgesetz (Cannabis Act, CanG), making it the first large EU member state to partially legalise cannabis for adult recreational use. The law was passed by the Bundestag on 23 February 2024 after a parliamentary process that had been underway since the coalition agreement of the traffic-light government (SPD, Greens, FDP) in 2021.

The CanG removed cannabis from Annex I of the Narcotics Act (Betäubungsmittelgesetz, BtMG), under which any possession had previously been a criminal offence. The new framework created two pillars:

• Pillar 1 (Social Clubs): Non-commercial Cannabis Social Clubs (Anbauvereinigungen) licensed to grow and distribute to members. Operational from August 2024.
• Pillar 2 (Commercial retail): A limited number of licensed commercial shops in pilot regions. Subject to ongoing EU legal scrutiny; not operational as of mid-2026.

The CanG was deliberately structured in two phases due to concerns about EU Single Market compatibility and the UN drug conventions. Germany sought to demonstrate that a domestic non-commercial framework could operate without triggering treaty obligations before moving to commercial sales.

What Adults Can Legally Do Under the CanG

Cannabis Social Clubs — Anbauvereinigungen

The Social Club model is the primary legal supply pathway under the CanG. Key rules include:

• Maximum 500 members per club
• Members must be adults resident in Germany — EU residency alone is not sufficient; documentary proof of primary residence is required
• Clubs are non-profit associations registered under German law; commercial distribution is prohibited
• Production is cultivation only — no extraction, no concentrates, no edibles
• Monthly distribution limits: 25g per member under 21, 50g per member over 21
• Members under 21 receive lower-THC products (maximum 10% THC) per youth protection provisions
• Clubs must provide addiction counselling information and track distribution
• Clubs must appoint a child protection officer and implement child and youth access controls
• Advertising and public consumption at club premises are prohibited

By mid-2026, several hundred clubs had been registered with municipal authorities across Germany, with concentrations in Berlin, Hamburg, Cologne, Frankfurt, and Munich. Licensing backlogs and administrative challenges meant many clubs were still awaiting full authorisation.

Tourists cannot join or receive cannabis from German Social Clubs. This is a hard legal restriction in the CanG. Germany, unlike the Netherlands with its tolerance policy (gedoogbeleid), has no formal mechanism for tourist access.

Exclusion Zones

Even within the legal possession limits, adults face penalties for cannabis use or possession in exclusion zones:

• Within 100 metres of schools (measured from the boundary)
• Within 100 metres of children’s and youth facilities
• Within 100 metres of playgrounds and sports facilities
• Within pedestrian zones (Fußgängerzonen) between 07:00 and 20:00

Violation of exclusion zone rules carries a fine of up to €1,000. Local enforcement practices vary by municipality. Berlin and Hamburg have large pedestrian zones, making central-city cannabis consumption legally problematic during daytime hours.

Penalties for Violations

Driving Under Cannabis

The introduction of the CanG prompted a parallel reform of road traffic law. Germany replaced its previous 1 ng/mL blood THC limit — which was criticised as effectively penalising any prior cannabis use, including the previous day’s — with a new limit of 3.5 ng/mL THC in blood.

This limit was set by the Federal Government Working Group on Drug Driving (Grenzwertkommission) as approximately correlating with measurable impairment. Key rules:

• 3.5 ng/mL THC in blood is the legal limit for adults. Exceeding it while driving is an administrative offence (Ordnungswidrigkeit) carrying a €500 fine, 1 month driving ban, and 2 points in Flensburg.
• Repeat offences or combined alcohol/cannabis (BAC 0.2 per mille + THC >0) are criminal offences
• Under-21s and learner drivers face a zero-tolerance rule (any detectable THC level)
• THC can remain detectable in blood well above 3.5 ng/mL for regular users hours or days after last use — users should allow sufficient time before driving

Medical Cannabis in Germany

Germany established its medical cannabis framework in 2017 with the passage of the Gesetz zur Änderung betäubungsmittelrechtlicher und anderer Vorschriften. This was among the most significant medical cannabis markets in Europe and has continued to grow alongside the CanG reforms. Key features:

• Any licensed physician can prescribe cannabis flowers, standardised extracts, or cannabis-based medicines (e.g. Sativex, Dronabinol)
• No fixed list of qualifying conditions — physician clinical discretion applies
• Since 2019, statutory health insurance (GKV) can cover medical cannabis costs for qualifying patients
• Dispensing is via licensed pharmacies (Apotheken) with full pharmaceutical documentation
• Germany was one of Europe’s largest importers of medical cannabis flower before domestic cultivation was expanded
• The CanG explicitly preserves the medical programme — it operates under separate rules from the recreational framework

Hemp and CBD

CBD products and industrial hemp have been legal in Germany under EU framework rules for several years. Key parameters:

• Hemp cultivation is legal for EU-approved varieties with THC <0.3% at field stage
• CBD products are widely available in pharmacies, health stores, and online
• EU Novel Food regulation applies to CBD food and dietary supplements — products sold before 15 February 2019 may have market authorisation; newer products require Novel Food application
• The CanG did not change CBD regulations; CBD remains outside the cannabis possession limits framework

EU Legal Tensions and the Pillar 2 Delay

Germany’s ambition to create a licensed commercial retail market (Pillar 2) has encountered significant legal complexity. The primary concerns are:

• UN Single Convention 1961: All EU member states are signatories. The convention requires prohibition of cannabis production, sale, and possession for other than medical/scientific purposes. Germany’s position is that treaty flexibility provisions permit the framework it has enacted.
• EU Single Market rules: A national commercial cannabis market would effectively prohibit cross-border cannabis trade, raising questions about free movement of goods provisions.
• Political opposition within EU: France, Sweden, and other member states have expressed opposition to Germany’s approach and have raised concerns in EU forums about cross-border spillover effects.

As of mid-2026, the Pillar 2 regional pilot programme had been drafted but not yet enacted into operational regulation. The CDU/CSU-led government that took office following the 2025 federal elections has expressed reservations about Pillar 2 while indicating it will not roll back Pillar 1.

International Comparison

Traveller Advice

• If you are 18+ and visiting Germany, you can legally possess up to 25g — but there is no legal way to purchase it as a tourist. You cannot join a Social Club without German residency.
• Avoid all cannabis use within 100 metres of schools, playgrounds, and sports facilities, and in pedestrian zones during daytime.
• If you are driving to or from Germany, be aware that THC remains detectable in blood long after use. The 3.5 ng/mL limit can catch regular users the morning after consumption.
• Do not attempt to transport cannabis across German borders — inbound or outbound. International drug smuggling laws apply regardless of German domestic law.

Related Guides

• Cannabis Laws in the Netherlands
• Cannabis Laws in Malta
• Cannabis Laws in Croatia
• Cannabis Laws in Europe — Overview
• Cannabis Travel: Berlin
• US Cannabis Legalisation by State

Frequently Asked Questions