Could it be an April Fool’s prank? As of April 1, skinning up in Germany is not just tolerated but on-the-books legal, albeit in limited fashion. For many of the country’s estimated seven million cannabis smokers, it’s hard to believe that the long-fought campaign to legalise cannabis has finally born fruit, making Germany the third European country in where it’s legal to grow, buy and consume weed.
For others, the crime in question is the legalisation of a drug which many see as harmful, both in itself and as a supposed gateway drug to a more serious addiction. On the eve of a Bundestag vote in February, a YouGov poll showed a slim majority of German citizens (47%) believed the new legislation was “in Ordnung”, with 42% against and 11% undecided: hardly an overwhelming vote of confidence.
The push to legalise originated with the current governing parties – SDP, FDP and Greens – who made it part of their traffic-light coalition agreement back in 2021. Cynics highlighted the fact that legalisation of cannabis was one of the few issues on which the Greens and the FDP saw eye-to-eye.
Legalisation of cannabis was one of the few issues on which the Greens and the FDP saw eye-to-eye.
Since then, politicians across the coalition have been regularly ambushed (including during live interviews) by a question originating in a Reddit-inspired meme: “Wann Bubatz legal?” ‘Bubatz’ is the slang term for cannabis beloved by German rappers – although presumably not so cool now that FDP politicians have started using it too (the slang, that is).
As for when cannabis would finally be legal, that was a question increasingly asked within the coalition as well as among the country’s stoners. Having come out swinging when the legislation was announced back in 2022, the coalition’s campaign appeared for a while to have been stuck in the weeds following some serious reservations at EU level as to its legality.
Finally, on February 23, the coalition’s proposals came before the Bundestag. Adults aged 18 or over would be allowed up to 25g of cannabis for consumption in private or public. This could be either grown at home – the new legislation would allow up to three cannabis plants yielding a total of no more than 50g of cannabis, which means Germans can literally get high on their own supply – or purchased through a membership-only “cannabis club”.
The hullabaloo, before and after the legislation was voted through (with a hefty majority), was immediate and predictable. “Whoever drafted this law must have been smoking the wrong thing,” fumed Burkard Dregger, domestic affairs spokesman for the CDU parliamentary group, in Tagesspiegel. During a rowdy Bundestag debate of the proposed legislation, Dreggar’s colleague, Tino Sorge, observed: “You’re asserting, in all seriousness, that by legalising more drugs, we will contain drug use among young people… That is the most stupid thing I’ve ever heard.”
Stupid or not, that’s exactly the assertion – or a version of it – that lies at the heart of the traffic light coalition’s drive to legalise cannabis. Leading the charge is Health Minister Karl Lauterbach (SPD), reprising his Covid-era role as maker-of-headlines-in-chief. “We have two goals,” Lauterbach told parliament. “To crack down on the black market and improve protection of children and young people.”
Lauterbach’s position is that Germany’s current head-in-the-sand stance, whereby cannabis is illegal but widely available, is simply not working – and he’s not off base. The news that Europe’s largest economy – and one with a reputation for cautiousness – had voted to legalise made headlines internationally., a cohort widely agreed to be particularly vulnerable to cannabis’ health risks due to the plasticity of their developing brains.
Lauterbach points to increases in both strength and impurity of illegally-available cannabis in recent years, neither of which can be measured or regulated. “We have rising problematic consumption,” he said at a news conference presenting the bill in 2023. “We simply couldn’t allow this to go on. This is an important turning point in our drug policy.”
The possible economic benefit could be in the region of €4.7 billion.
In other words, champions of cannabis in the government are not disputing that the drug can be harmful if consumed too much or too early. But given that the drug will be consumed anyway, the new legislation is a framework in which government-sponsored education and monitoring can take place.
Unsurprisingly, the news that Europe’s largest economy – and one with a reputation for cautiousness – had voted to legalise made headlines internationally. Although cannabis is legal for medicinal use in several European countries (including Germany, as of 2017), it is only the third European country to legalise recreational use of cannabis, joining Malta (free to spark up since 2021) and Luxembourg (2023).
The Netherlands, often mistakenly thought to have already legalised cannabis, actually operates an odd system of state-mandated blind-eye-turning but is planning comprehensive legalisation, as is Switzerland. Leading the way internationally are Uruguay (2013), California (2016) and Canada (2018), all of whom have some form of legalised cannabis on the books.
Within Germany, headlines before and after the victorious Bundestag vote were dominated by pushback from a wide array of groups, including the head of the doctors’ association, the police union, the judiciary and opposition politicians. In addition to concerns regarding cannabis’s effect on young people and mental health, many also questioned whether the current legislation was actually enforceable and if so, how and by whom.
Who, critics ask, will check that members of the cannabis clubs receive no more 50g a month (or 30g for 18 to 21 year olds) or make house calls to count home-grown cannabis plants? Under the legislation, cannabis may not be consumed or sold within a 100-metre “Sichtabstand” or “sight line” of schools, Kitas and playgrounds, but how exactly will that be enforced?
Less easily dismissed is the question of whether the black market will disappear, or merely turn grey.
Almost immediately, an unofficial so-called Bubatzkarte circulated online, which indicated that the area in which one could legally smoke in Berlin, where it often feels like you’re never more than two metres away from a playground or Kita, would be infinitesimally small. For their part, Lauterbach & Co. have largely dismissed concerns regarding enforcement, comparing the situation to seatbelt wearing or smoking in public spaces, both of which are regulated but rarely policed.
Less easily dismissed is the question of whether the black market will disappear, or merely turn grey. Even the bill’s cheerleaders acknowledge that neither dealing, which takes place in hotspots like Görlitzer Park, nor the crime enabled by a black market, are likely to disappear overnight, particularly if demand for cannabis is not met by the proposed system of home cultivation and members clubs. Legal cannabis, which will be taxed, is also likely to be more expensive and contain less THC.
Vasili Franco, drug policy spokesperson for the Green parliamentary group, was bullish after the vote: “Consumers will prefer to pay a small surcharge if they know exactly where the product comes from.” Plus, the new laws will free up police time and resources. One study from a Dusseldorf university suggests that the possible economic benefit could be in the region of €4.7 billion.
Not so fast. As of this issue, it was still unclear whether the Bundesrat would agree to the opposition’s call for a mediation committee, which would delay the rollout of the legislation. Plus, the cannabis clubs have to wait three months after legalisation before starting production, meaning legally-acquired cannabis may be thin on the ground to start.
So was weed legalisation an April Fools’ joke? No. But is lighting up with legal weed going to be full of typical German bureaucracy? Chances are high.
