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However, there are rules and restrictions when it comes to cannabis legalization. We’ll show some.
What exactly applies now? Cannabis disappears from the list of banned substances in the German Narcotics Act. Anyone 18 or older can store up to 50 grams at home and carry a maximum of 25 grams outside. It’s explicitly about personal use. Distribution and sale remain prohibited. Three plants can also be grown at home – not in the allotment garden. Seeds, plants and harvested cannabis must be protected against theft and access by children.
What about public consumption? Where not explicitly prohibited, smoking weed is permitted. It is prohibited on playgrounds, in schools, sports facilities (including football stadiums), children’s and youth facilities and within sight of them – within 100 meters as the crow flies of the entrance area. Pedestrian zones are also smoke-free zones between 7 a.m. and 8 p.m. Consumption is also prohibited “in the immediate presence of people who have not yet reached the age of 18”. In smoking establishments, the owners decide how to deal with it.
How is it checked? It’s similar to wearing a seatbelt in a car or talking on the phone while behind the wheel – you have to get caught or reported. It is unlikely that public order offices and the police will send out cannabis patrols on a large scale for personnel reasons.
What are the penalties for violations? Severe fines and even prison are possible. Anyone who slightly exceeds the gram requirements for possession risks a fine. According to the law, this can be a hefty sum of up to 30,000 euros. If more than 30 grams are found in a backpack, more than 60 grams at home or more than three plants in the apartment, criminal law applies: in the worst case scenario, there is a risk of prison. This is particularly true when passing on the drug to children and young people. Anyone who smokes weed where smoking weed is not permitted – i.e. on or near playgrounds, in the pedestrian zone during the day or near children and young people – is only committing an administrative offense, but also risks hefty fines of up to 30,000 euros.
Legend:
In front of the Brandenburg Gate in Berlin on the night of April 1, 2024, people will celebrate that smoking weed will become legal in Germany – with restrictions.
REUTERS/Christian Mang
What happens if minors consume? If under-18s are caught with cannabis, the police must inform their parents. Especially when it comes to very young consumers with so-called risky consumer behavior, the youth welfare office must also be involved. Those affected should then take part in prevention programs. However, young people also have to expect criminal consequences if the amounts found exceed the amounts permitted for adults if they deal or pass the drug on to other children and young people.
And in traffic? First of all, nothing changes: Anyone who is found to have the cannabis active ingredient THC, even if it was consumed days ago, is committing an administrative offense. In case law, the low value of 1 nanogram of THC per milliliter of blood has been established, above which fines, points and a driving ban can be imposed. Following the example of the 0.5 per mille mark for alcohol, there should also be a tolerance limit for THC. A commission of experts suggested 3.5 nanograms. However, a law still needs to be drafted.