German cannabis legislation: A 180-degree turnaround or a pragmatic adjustment?
With elections approaching, the legalisation of cannabis in Germany is controversial. Some conservative politicians have signaled an intention to revise or restrict the regulations. But how feasible is such a reversal?
The debate over the future of Germany’s Cannabis Act (Cannabisgesetz, or CanG) has intensified as the 2025 federal election approaches. The Christian Democratic Union (CDU) has made it clear that they intend to reverse many aspects of the legislation if they come to power.
However, legal experts, such as Peter Homberg, a lawyer specialising in cannabis regulations and head of the European Cannabis Sector Group at Dentons, believes that such a reversal would be anything but simple. The complexity of the existing legal framework and the already licensed cannabis clubs pose a major challenge to the full repeal of the law, as there is likely to be grandfathering for those clubs that already have a licence. This would make it politically and legally difficult to fully repeal the current laws.
Jovan Vidojevic
The CanG, passed under the current coalition government, represents a significant shift in Germany's drug policy, aiming to regulate cannabis use, limit the illicit market, and provide safer access for adult consumers. An important part of the legislation are cannabis clubs. These clubs, some licensed for up to seven years, allow members to grow cannabis collectively.
Homberg argues that revoking these licenses would not only be legally dubious but also politically fraught. ‘The CanG's genie is out of the bottle,’ he states, emphasising that any withdrawal would meet with considerable resistance from interest groups and public opinion. It is possible, however, that the current high administrative hurdles that the producer organisations face could be increased even further.
Instead of complete abolition, the CDU could focus on tightening the regulations. Possible changes could include limiting the amount of cannabis individuals are allowed to carry or store and introducing stricter controls on cultivation.
Homberg also suggests that the so-called second pillar of the CanG - scientifically monitored pilot projects - could face delays or even cancellation under a CDU-led government. These projects are seen as crucial for assessing the overall impact of legalisation, but their implementation remains controversial.
Luisa Pfau
The Medical Cannabis Act (MedCanG) has made significant progress in expanding access to medicinal cannabis in Germany, including facilitating the prescription process for patients with statutory health insurance. To reverse this progress would contradict previous positions of the CDU, who have advocated for better access to medical cannabis.
Homberg emphasises that a reclassification of cannabis as a narcotic within the meaning of the Narcotics Act (Betäubungsmittelgesetz - BtMG) is not practicable in view of the dual role of cannabis as a medicine and as a recreational drug. He assumes that it will remain a prescription-only medicine. However, a new telemedicine threshold could be set, thereby restricting online prescriptions, which make up the majority of the medical market.
However, the CanG has not been without its problems. Implementation gaps, such as inconsistent enforcement and unclear regulations, have hampered its effectiveness. Recent discussions in the Federal Council emphasise the need for stricter controls, particularly in relation to the storage, transportation and disposal of cannabis, as well as the removal of ambiguities in the definition of plants and propagation material.
Lea Schmid
These issues emphasise the legislative and bureaucratic hurdles that every government, regardless of its political orientation, must overcome in the further development of the CanG. While the CDU's rhetoric has caused concern among cannabis advocates, the practical realities of government suggest that dramatic reversals are unlikely. The direction in which the further development of cannabis regulations will go depends not least on the coalition partners in a new government.