Legalization of cannabis in Germany postponed until 2024

The German Cannabis Act (CanG), which is tasked with establishing a regulatory framework for adult cannabis use in the country, has been postponed by a few months. As as we wrote not long ago, «, the bill »will be voted on in December," wrote German politician Carmen Wegge in a post on X (formerly Twitter).

«That means we won't be able to meet the deadline.»

She also noted that improvements to the bill are still under discussion.

Discussions and Improvements

As reported by the Legal Tribune Online (LTO), few, if any, of the important questions surrounding the bill—such as the feasibility of a ban on consumption within a 200-meter radius of places where children might be present (schools, youth organizations, playgrounds, sports fields), and around cannabis clubs, or the question of whether the 25-gram limit applies to home cultivation, have been addressed.

Furthermore, divisions among the various members of the coalition’s working group are becoming increasingly apparent, with lawmakers warning that the hearing clearly showed that «fundamental changes» were needed before the current bill could be finalized.

Kirsten Kappert-Gonther of the Green Party tweeted last week that «some of the wording still needs to be revised in certain areas. This is a worthy cause, and quality takes precedence over time pressure. Completion is scheduled for December.»

Another SPD member, Dirk Heidenblut, also posted a message on his Instagram—which has since been deleted—providing more details about the proposed new schedule.

He said: «Unfortunately, my confidence was misplaced: «Unfortunately, my confidence was misplaced. As always, the difficulty lies in the details, and more time is needed to properly draft the necessary submissions for the committee. Consequently, the CanG will not be available next week, but only in week 50. This means that the Federal Council will not begin until February, and therefore not before March 1, 2024.»

What's happening now?

Germany had initially stated that the law could take effect before the end of the year, but this delay means that early 2024 is a more realistic timeline.

Although the date of the final hearing in the Bundestag has been postponed by only one month—with a new date set for December 13–15—the bill still needs to be reviewed by the Bundesrat (Federal Council).

Although this is essentially a formality and the Bundesrat does not have the power to block the bill once it has been passed by the Bundestag, the Bundesrat’s final session is scheduled for December 15.

Since the Federal Council is not scheduled to meet until February 2, 2024, final approval of the bill will therefore have to take place after that date.