Legal status of cannabis in Germany – an overview

Is an individual allowed to possess and consume cannabis? And how about the situation concerning the cultivation of cannabis? What constitutes a small quantity? What does German law stipulate about cannabis? The purpose of this article is to focus attention on the legal status of cannabis in Germany.

The consumption of narcotics is not illegal in Germany. Consumption itself is deemed to be a form of self-harm that is not subject to prosecution. An individual can consume drugs without having acquired them legally. This definition has a very practical significance since a positive drug test result cannot, therefore, amount to an inference of a criminal offence. Nevertheless, in the event of a positive test, an entry in the central register of driving licences cannot be circumvented.

According to the Narcotics Act (BtMG), the cultivation, production, trade, import, export, dispensing, sale, acquisition and possession of all parts of the cannabis plant constitute a punishable offence. According to the Narcotics Act, Tetrahydrocannabinol (THC), the active chemical in cannabis, ranks amongst the list of substances that are not marketable. This excludes industrial hemp which contains just 0.2% THC. Cultivation of industrial hemp is however only authorised by growers who work with special permits and under very strict conditions.

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