Cannabis legalization timeline

Timeline and goal of Germany’s planned cannabis legalization

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.

A complex and comprehensive legalization project

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. The German government adjusted its plans in April 2023 and is now relying on a so-called two-pillar model, in which decriminalization is to take place first, before legalization is to be tested in model regions in Germany in a second step. Whether the full project can be implemented as envisaged in the process is not yet certain at the current time.

Cannabis legalization timeline in Germany

An estimated timeline. Last update: April 2024 (subject to alterations)
2021
November
2021

Coalition Agreement

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.

2022
June
2022

Consultation process started

Start of the consultation process with more than 200 experts in June 2022, led by the Federal Government Commissioner for Addiction and Drug Issues.

October
2022

First Cornerstone Paper published

The first Cornerstone Paper with key issues² is published by the German government in October 2022, there-by providing the basis for draft legislation.

2023
April
2023

Presentation of revised key points and Two-pillar model

The German Federal Minister of Health, Karl Lauterbach, and the Federal Minister of Agriculture, Cem Özdemir, presented revised key points, which provide for legalization in a so-called Two-pillar model: 1. Pillar I: Private & communal, non-profit self-cultivation; an internal government draft on this was subsequently submitted to the other ministries at the end of April. 2. Pillar II: Regional model projects with commercial supply chains; a draft bill on this is to be introduced after the parliamentary summer break 2023.

2024
January
2024

Pillar 1: Adoption of draft law on decriminalization, home cultivation & Cannabis Clubs

Pillar 1 came into force on April 1st: Decriminalization of cannabis use, home cultivation and operation of Cannabis Clubs is now allowed (publication in the Federal Law Gazette⁵). Start of the licensing process for Cannabis Clubs as of July 1st 2024.

2025
End of 2024 / Beginning of
2025

Pillar 1: Start of operation of the first Cannabis (Social) Clubs

First legal cannabis available from Cannabis Clubs.

September
2025

German Bundestag election

In September 2025, the next German Bundestag will be elected for the 21st legislative period. A newly elected government may be more critical of legalization.

2026
2026

Pillar 2: Start of pilot projects

Launch of first pilot projects and legal dispensing of cannabis in licensed stores.

From 2028
2028 /
2030

Evaluations of the laws

Possible time periods for evaluations of the laws: › Evaluation Pillar 1 (decriminalization/self-cultivation/cannabis clubs): Probably 2028/2029 › Evaluation Pillar 2 (pilot projects): Expected from 2030

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:

The draft bill that is written by one or several ministries is called „Referentenentwurf“. The “Referentenentwurf” is submitted to the Federal Government for discussion and decision in the Cabinet.

The “Regierungsentwurf” is the bill passed by the Federal Government (in the Cabinet) and then submitted to the German Parliament (Bundestag). This draft bill is subject to change within the parliamentary process as expert opinions, parliamentary hearings and legislative amendments will be incorporated. The Federal Council (Bundesrat) also has the right to comment on the draft. The involvement of the Bundesrat (approval of the bill may be required) depends on the content of the bill.

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://ec.europa.eu/growth/tools-databases/tris/de/about-the-20151535/the-notification-procedure-in-brief1/

https://www.bundestag.de/resource/blob/190866/d372b187d0228b27956769ab67d5c8ef/notifizierungsverfahren-data.pdf

https://www.spd.de/fileadmin/Dokumente/Koalitionsvertrag/Koalitionsvertrag_2021-2025.pdf

https://www.bundesgesundheitsministerium.de/fileadmin/Dateien/3_Downloads/Gesetze_und_Verordnungen/GuV/C/Kabinettvorlage_Eckpunktepapier_Abgabe_Cannabis.pdf

https://www.bundesrat.de/DE/aufgaben/gesetzgebung/verfahren/verfahren.html

https://www.bundestag.de/parlament/aufgaben/gesetzgebung_neu/gesetzgebung/weg-255468

https://www.bundesgesundheitsministerium.de/fileadmin/Dateien/3_Downloads/C/Cannabis/Eckpunkte_2-Saeulenmodell_Cannabis.pdf
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