We want to give you an overall overview of what exactly is allowed, how cannabis social clubs work, what is allowed when driving and what the law means for Austrians.
On April 1, 2024, a historic change will come into force in Germany - the partial legalization of cannabis will come. (no, not an April Fool's joke :-)
After long debates, the Federal Council passed a law that allows the consumption, possession and cultivation of cannabis under certain conditions. This marks a significant shift in German drug policy and raises questions about implementation and impacts.
What exactly is allowed?
From April 1st, adults (aged 18 and over) in Germany are allowed to carry up to 25 grams of cannabis for personal use and store up to 50 grams at home.
In addition, up to three cannabis plants can be bred for home cultivation.
From July onwards, so-called “cannabis social clubs” will be allowed to grow and purchase the drug to a limited extent.
Public consumption is permitted on a limited basis. It is not permitted within sight of children's and youth facilities or sports facilities. Consumption is permitted in pedestrian zones from 8 p.m. Cannabis remains prohibited for minors .
These regulations aim to remove consumption from illegality, while at the same time strengthening preventive measures and the protection of minors.
Why all this?
Cannabis is currently the most commonly used illegal drug. Around 10% consume regularly, almost every second person (18 to 25 year olds) has already tried cannabis, not to mention in the medical field or as a dietary supplement, etc.
Federal Health Minister Karl Lauterbach (SPD) described the decision as a groundbreaking decision. “ The cannabis policy of the last few years has failed ,” he said after the vote. He cited a doubling of drug use among children and young people and a doubling of the number of drug deaths. "It couldn't continue like this. I was against cannabis legalization for years, but the studies show that we need a new offer here."
Lauterbach wrote on X that the fight for the law was worth it. Hopefully this will be the beginning of the end for the black market, said the minister .
Federal Justice Minister Marco Buschmann (FDP) takes a similar tone. He said the previous purely repressive approach to cannabis had obviously failed. “The result was flourishing black markets and people being pushed into crime,” said Buschmann. "It was time to come up with a new drug policy."
The minister emphasized that the new rules would combine realism and prevention, "without trivializing the risks of cannabis." He is certain “that the new rules will soon lead to relief for our judiciary.”
Function and purpose of cannabis social clubs
One of the innovations of the law is the introduction of “ Cannabis Social Clubs ”. These clubs allow members to grow cannabis communally and consume it among themselves - but in a strictly regulated manner.
→ So something like clubs for adults , in which up to 500 members who live in Germany can grow cannabis together and distribute it to each other for their own consumption.
→ a maximum of 25 grams of cannabis per member in one day and a maximum of 50 grams per month .
→ For 18 to 21 year olds, 30 grams per month with a maximum of ten percent tetrahydrocannabinol (THC), which is the substance with the intoxicating effect, should be permitted. 😊
→ These associations must be officially approved , are non-profit oriented and may not be located in residential buildings.
→ Advertising is taboo, including cannabis consumption directly on site. (This is going to be exciting)
→ Cultivated areas and warehouses must be secured, and rules should apply to transport.
The aim is to provide a safe and controlled environment for cannabis consumption and thus further weaken the black market.
Driving under the influence of cannabis?
What will change after legalization in Germany
The legalization of cannabis in Germany raises the question for many drivers: Will the legal situation regarding driving under the influence of cannabis also change?
The clear answer is: no. Although consumption is largely legalized for people over the age of 18, driving under the influence of THC remains strictly prohibited .
The German Traffic Watch (DVW) clearly points out that the legalization of cannabis will lead to an increase in driving under the influence of drugs. Anyone who consumes cannabis should not get behind the wheel.
Legal consequences and risk of accidents:
Driving under the influence of cannabis remains an administrative offense according to Section 24a StVG and, in serious cases, can even be classified as a criminal offense under Section 316 StGB. Despite the heterogeneous studies on the exact effects of cannabis on the ability to drive (that people often drive more slowly or have problems keeping in lane...), experts agree that consumption can negatively influence the ability to react and driving behavior.
Since THC is broken down in the body much more slowly than alcohol, there is a risk of violating the law long after consumption. The German insurance industry is therefore calling for clear regulations as quickly as possible and, ideally, a THC limit that does not criminalize drivers who occasionally consume but are fit to drive.
Insurance coverage is also at stake. Drivers who could cause an accident under the influence of cannabis will have their motor vehicle liability insurance claim recourse and their comprehensive insurance will reduce or even refuse benefits altogether.
So please people: road safety comes first – if you smoke weed, you don't drive!
Impact on Austria(s)
The new law also has a direct impact on Austria, especially in border areas.
Austrian politicians fear that legalization in Germany could lead to an increase in “drug tourism” and cross-border drug crimes.
The same regulations apply to Austrians who live (have a residence) or have a “habitual residence” in Germany as for German citizens.
This means that although no Austrian daily commuters will have access to the German cannabis market, people such as weekly commuters, assembly workers or students will.
I'm excited to see how this will develop.
Caution: Focus checks in the border area
e.g. In the border district of Schärding and other neighboring regions, the Upper Austrian police are preparing for an increase in drug drivers. To counteract this, priority checks are being carried out and 24 new rapid drug testers have been purchased.
The devices can detect drugs in saliva. In contrast to conventional devices, which display either positive or negative results, officers receive a numerical value and can therefore determine the level of impairment.
The aim is to ensure safety on the streets and curb illegal drug smuggling.
Our conclusion on partial legalization in Germany
The partial legalization of cannabis in Germany represents a significant step in drug policy!
Yes, a milestone!
While cannabis social clubs are intended to provide a controlled environment for consumption, cross-border impacts and concerns for public safety remain key issues.
It can also be hoped that the “innocent” hemp plant itself will lose a little more of its bad image and that the huge benefits of this thousand-year-old crop will be better used and known.
We all know hemp is so diverse:
- Textile and paper products
- cosmetic preparations, creams & oils
- Dietary supplements – vitamin content, Omega-3 & Omega-6
- Food for animals
- Hemp oils – for cooking, as fuel or CBD drops for grandma
- As an insulating material – much better than Styrofoam
- The hemp fiber is unusually elastic, tear-resistant and durable and is therefore often more suitable than other plant materials.
Developments in the coming months will show how successful Germany will be in implementing this new policy and what long-term effects it will have on the region and beyond.
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