Menu
The German government is aiming to legalize cannabis for adult use. Our timeline shows when cannabis for recreational purposes could become legal in Germany and which hurdles the German government will have to overcome.
Status: February 2023 | Subject to alterations
Germany is planning to legalize cannabis – but the plan of the German government of SPD, Bündnis90/Die Grünen and FDP is complex and comprehensive. This is because many aspects must be taken into account in order to legalize the cultivation, acquisition and consumption of cannabis for adult use. Various ministries are involved in the project, from the Federal Ministry of Health to the Ministry of Justice and the Ministry of Agriculture. In addition, Germany must also coordinate its plans with the EU Commission. All of this takes time and will extend over several years. Our timeline shows when cannabis could become legal and which hurdles the German government has to overcome. The overview also shows which steps are necessary and when they will happen in order to realize the complex procedure from the conclusion of the coalition agreement at the end of 2021 to the first possible legal sale of cannabis in a German store. Whether the project can be implemented as envisaged in the process is not yet certain at the current time.
The newly elected German government of SPD, Bündnis 90/Die Grünen and FDP announces in the Coalition Agreement¹ 2021-2025 the legalization of cannabis for recreational adult use.
Start of the consultation process with more than 200 experts in June 2022, led by the Federal Government Commissioner for Addiction and Drug Issues.
The Cornerstone Paper with key issues² is published by the German government in October 2022, there-by providing the basis for draft legislation.
Start of drafting the bill³ by federal ministries and commissioning of a medical-scientific expert report.
By the end of the first quarter 2023: publication of the draft law and of the medical-scientific expert report are envisaged.
Subsequently: Submission of both documents to the EU Commission whereby the EU notification process⁴ is kicked off. According to (EU) Directive 2015/1535, an assessment is made whether the national law is in line with EU law.
During this time (the so-called stand-still period) the law being reviewed by the EU cannot be implemented in Germany.
The Federal Constitutional Court is expected to issue a ruling defining whether a punishable ban on cannabis is constitutional.
Feedback from the EU Commission on the draft legislation is expected during the third quarter of 2023. The next steps will depend on this:
Plan A – Start of the parliamentary procedure in the Bundestag (approx. 6 to 9 months in total) incl. impro- vements to the draft law required by the EU.
The Alternative: Plan B – In case the feedback issued by the EU is negative (a decision that the draft law is not in line with EU law) a drafting process of an alternative draft law will begin. This will be a “Legalization Lite“ (which would not require an EU notification).
Plan A – Start of parliamentary procedure with hearings in the German parliament (Bundestag) with internal & external experts.
Plan A – Continue parliamentary procedure. If necessary: Further review by EU (if significant changes are made).
Mandatory: Notification of final text to EU Commission.
May drag into Q2 if necessary.
Plan B – Parliamentary process over several months with hearings in the Bundestag with internal & external experts.
Plan A – A vote on the bill in the German Federal Council (Bundesrat) is expected no earlier than the end of the first quarter, but likely in the second quarter of 2024.
Plan B – If necessary, depending on the content of the alternative bill: Vote in the Federal Council (Bundesrat).
Plan A – Potential adoption of the law and publication in the Federal Law Gazette (Bundesgesetzblatt)⁵.
Plan A – Start of the licensing process (via federal/state agencies); likely to take several months.
Plan B – Possible adoption of alternative law. Depending on the content of the law, introduction of e.g.:
Immediate legalization of cannabis consumption and decriminalization of users
Permission for self-cultivation & framework for Cannabis Social Clubs (CSCs)
Conceptualization of (national/regional) pilot projects with scientific evaluation.
Plan A – Estimated first sale of legal cannabis for adult use purposes.
Plan B – First legal cannabis for consumption by CSCs / possible pilot projects expected to begin in late 2024.
Infographic
Download Timeline as Infographic (PDF):
Glossary
1) Coalition Agreement:
“We are introducing the controlled dispensing of cannabis to adults for consumption purposes in licensed stores. This will control quality, prevent the transfer of contaminated substances and ensure the protection of minors. We will evaluate the law after four years for social impact. Drug checking models and harm reduction measures will be enabled and extended.” (Find the Coalition Agreement online here.)
2) Cornerstone Paper (Key Issues):
The Cornerstone Paper (or: Key Issues Paper) is the basis for a draft bill. It is prepared in consultation with all relevant federal ministries. As the name suggests, the paper sets out the most important key points of the planned bill. It often does not go into detail and is usually much less extensive than a draft bill. After a general approval of the Cornerstone Paper by the Federal Cabinet, the key points will be transferred into a more detailed draft bill by the responsible ministries.
3) Draft bill:
A draft bill is the fully formulated text of a law submitted to the legislative bodies for deliberation and voting. Until the final vote, the title of the legislative text is “draft bill”. A draft bill is going through several stages during the political process:
4) EU Notification Procedure (according to (EU) Guideline 2015/1535):
The term “notification” describes a procedure in which EU member states inform the European Commission, and in some cases also other member states about a legal act before it can take effect as national legislation. This is the case when it comes to legal acts relevant to the EU Single Market (Binnenmarkt). While the EU Commission is reviewing the legal act, the member state is prohibited from implementing the act in question. This “standstill period” can last from three to six months.
5) Bundesgesetzblatt / Final bill:
Once the bill is adopted, it will be published in the Federal Law Gazette (Bundesgesetzblatt). Now, for the first time, citizens can read the binding legal text in its final form. Corrections are no longer possible – except via a completely new legislative procedure. The Bundestag decides whether a law enters into force immediately on the day after promulgation, at a later date or even retroactively. This depends entirely on the content of the regulation.
Sources:
https://www.spd.de/fileadmin/Dokumente/Koalitionsvertrag/Koalitionsvertrag_2021-2025.pdf
https://www.bundesrat.de/DE/aufgaben/gesetzgebung/verfahren/verfahren.html
https://www.bundestag.de/parlament/aufgaben/gesetzgebung_neu/gesetzgebung/weg-255468
Photos used (unless otherwise stated): Unsplash.com, Canva.com
Infographic
Download Timeline as PDF:
Glossary
1) Coalition Agreement:
“We are introducing the controlled dispensing of cannabis to adults for consumption purposes in licensed stores. This will control quality, prevent the transfer of contaminated substances and ensure the protection of minors. We will evaluate the law after four years for social impact. Drug checking models and harm reduction measures will be enabled and extended.”
2) Cornerstone Paper (Key Issues):
The Cornerstone Paper (or: Key Issues Paper) is the basis for a draft bill. It is prepared in consultation with all relevant federal ministries. As the name suggests, the paper sets out the most important key points of the planned bill. It often does not go into detail and is usually much less extensive than a draft bill. After a general approval of the Cornerstone Paper by the Federal Cabinet, the key points will be transferred into a more detailed draft bill by the responsible ministries.
3) Draft bill:
A draft bill is the fully formulated text of a law submitted to the legislative bodies for deliberation and voting. Until the final vote, the title of the legislative text is “draft bill”. A draft bill is going through several stages during the political process:
4) EU Notification Procedure (according to (EU) Guideline 2015/1535):
The term “notification” describes a procedure in which EU member states inform the European Commission, and in some cases also other member states about a legal act before it can take effect as national legislation. This is the case when it comes to legal acts relevant to the EU Single Market (Binnenmarkt). While the EU Commission is reviewing the legal act, the member state is prohibited from implementing the act in question. This “standstill period” can last from three to six months.
5) Bundesgesetzblatt / Final bill:
Once the bill is adopted, it will be published in the Federal Law Gazette (Bundesgesetzblatt). Now, for the first time, citizens can read the binding legal text in its final form. Corrections are no longer possible – except via a completely new legislative procedure. The Bundestag decides whether a law enters into force immediately on the day after promulgation, at a later date or even retroactively. This depends entirely on the content of the regulation.