Medical use

The first legislative reform of cannabis for medical use took place in 2017. Since then, it has been permitted to grow, sell and import cannabis for medical use in Germany.

In April 2024 the cannabis regime in Germany was further renewed with the Cannabis Act (Cannabisgesetz, CanG). According to the CanG, Cannabis is no longer qualified as a narcotic and does no longer fall within the scope of the Narcotics Act (Betäubungsmittelgesetz, BtMG). Moreover, a new separate legislative act has been passed concerning the handling of medicinal cannabis - the Law on the Supply of Cannabis for Medical and Medical-Scientific Purposes (Gesetz zur Versorgung mit Cannabis zu medizinischen und medizinisch-wissenschaftlichen Zwecken, MedCanG).

The existing regulations on medicinal cannabis remain essentially unchanged with the MedCanG. Anyone who cultivates, manufactures, trades, imports, exports, delivers, sells, otherwise places on the market, obtains or acquires medicinal cannabis or for medical-scientific purposes requires a general licence from the Federal Institute for Drugs and Medical Devices (BfArM). Holders of a valid licence under Section 3 of the German Narcotics Act will continue to be entitled to handle cannabis products within the scope of the licence granted. In the case of an import to Germany, a further permission must be obtained.

However, a Europe-wide tender procedure is no longer required for the cultivation of medicinal cannabis. Companies cultivating medicinal cannabis can now also market and distribute their harvest themselves. Before, the Cannabis Agency, as part of the Federal Institute for Drugs and Medical Devices (Bundesinstitut für Arzneimittel und Medizinprodukte, BfArM), steered and controlled the cultivation of cannabis for medicinal purposes in Germany.

Still, only physicians can prescribe medicinal cannabis and it is only distributed through pharmacies. In contrast to the previous provisions, however, a special prescription for narcotics is no longer required. Only the active ingredient nabilone (synthetic cannabinoid) still requires a narcotic prescription. This makes it easier for physicians to prescribe medicinal cannabis. 

Patients can have access to medical cannabis in the form of dried blossoms or extracts for serious illness, If: (i) a generally accepted standard therapy (a) does not exist, or (b) in particular cases does not apply according to the justified assessment of the treating physician, considering expected side effects and the disease status of the insured patient; or (ii) there is a reasonable possibility that the medical cannabis will have a positive effect on the disease process or on serious symptoms. If these requirements are fulfilled, health insurers must reimburse the costs for cannabis therapy.

Recreational use

Sine the legalisation of medicinal cannabis in 2017, the socio-political discussion has also increasingly focused on the legalisation of cannabis for recreational purposes. This debate has now come to a preliminary conclusion with the CanG. Since April 2024, the Consumer Cannabis Act (Konsum-Cannabis Gesetz, KCanG) is in force in Germany.

Initially, a nationwide licensed-shop model to sell recreational cannabis was planned. Due to legal concerns regarding compatibility of such a model with International and European law, the initial plans were amended and the legalisation was transformed to a so-called "two-pillar model": 

  • The first pillar concerns the private and collective, non-profit self-cultivation of cannabis. Adults are allowed to possess and carry up to 25 grams of cannabis. Further, adults who have been permanently or ordinarily resident in Germany for at least six months may grow up to three cannabis plants at the same time for the purpose of personal consumption at their place of residence or habitual abode. Cannabis may only be cultivated and possessed for personal use. Distribution between private individuals is generally prohibited. 
  • The first pillar further allows since July 2024 for so-called “Cannabis Social Clubs”, which are registered, non-commercial associations or registered cooperatives whose purpose is the joint, non-commercial cultivation and distribution of cannabis and propagation material (seeds and cuttings of cannabis plants) for personal consumption. Such Social Clubs require a license from the competent authority. Social Clubs can have up to 500 adult members that are German residents. Members receive a maximum of 25 grams of cannabis per day and a maximum of 50 grams of cannabis per month for personal use. 
  • The so called second pillar envisages the testing of distribution by professional providers as part of regional pilot projects with commercial supply chains. Germany will coordinate the implementation of the second pillar with the European Commission. So far, the implementation of the second pillar has not started.

Industrial use

Industrial hemp falls under the definition of cannabis in Section 1 (8) KCanG, but is legally privileged as it does not pose any health risks. Accordingly to Section 1 (9) KanG, a plant is not subject to the regulations of the KCanG if the handling of it (apart from cultivation) serves exclusively commercial or scientific purposes that exclude abuse for intoxication purposes and the other requirements for industrial hemp are met, namely the plant derive form certified seeds of the varieties listed in Article 9 of Regulation (EU) No. 639/2014 or the THC content is below 0,3%. 

Products with CBD have been considered to be illegal by prosecutors and criminal courts in the same way as industrial hemp, i.e. in particular if they contain more than 0.33% THC, but oftentimes also below that threshold claiming that CBD products at the end consumer level are not used for scientific or commercial purposes only and may lead to an abuse for intoxication purposes. 

Food

CBD Food is essentially not yet marketable in Germany since the European Commission added cannabinoids to the EU Novel Food Catalogue. In various judgements, the German Administrative Courts have shed some light on the until then confusing legal situation. According to the courts, food and food supplements containing CBD components are Novel Foods and are therefore only marketable in cases where they are authorised by the European Commission. Currently, EFSA (The European Food Safety Authority) has several applications to approve CBD as a Novel Food. In June 2022, EFSA last indicated in a statement that the assessments on CBD will be suspended until new data on safety is available. So far, there have been no new developments in this regard. 

Cosmetics 

Cosmetics with CBD are marketable in Germany if they are in accordance with the requirements of Regulation (EC) No 1223/2009 on cosmetic products. 

Furthermore, cosmetics with CBD must comply with the above stated requirements of the KCanG. Provided the cosmetic product usually cannot be ingested, German authorities generally agree that cosmetics containing less than 0.3% THC are “harmless” products that cannot be misused for intoxicating purposes. 

Feed 

Feed with CBD is marketable if done so in accordance with the provision of the European Feed Law. In particular, the CBD content in the product may only derive from hemp oil as listed in the catalogue of feed material (Commission Regulation (EU) 2017/2017). 

Furthermore, feed with CBD must also comply with the above stated requirements of the KCanG. However, this will most likely change once the new legislation has been enacted.

Patentability

There is no general prohibition on patenting cannabis- based products, however no patents can be granted for inventions if their commercial exploitation would be contrary to “public order” or morality. 

Latest developments 

  • On 2. July 2024 and on 13. August 2024, the German Federal Ministry of Food and Agriculture published a draft law on the liberalization of industrial hemp. According to this, the so-called abuse clause in Section 1 No. 9 KCanG should be deleted. This clause stipulates that the trade in industrial hemp should only be permitted if misuse for intoxication purposes is ruled out. According to the German Federal Ministry of Food and Agriculture, however, there is insufficient evidence that industrial hemp can be misused for this purpose.
  • The regulation on Cannabis Social Clubs came into force on July 1, 2024. However, many cultivation associations are still waiting for their licenses - currently only nine cultivation associations in Lower Saxony, in Mecklenburg-Western Pomerania and in Berlin have received a license.
  • As outlined above, the so called second pillar of the legalization of recreational cannabis, i.e. regional pilot projects with commercial supply chains, is not in force yet. The German government has only until autumn 2025 if it still wants to start with the second pillar within the current legislative period. The main opposing party has already announced that they want to take back the whole legalisation of cannabis if they become the governing party after the election.