Germany: Market and legal data analysis of the cannabis sector

15th October 2024: Germany: The first cannabis club in Lower Saxony has harvested its first 200 plants, and in two weeks the dried flowers will be distributed to members, press reports. According to the club’s chairman, every dispensing of a cannabis product will be documented and accompanied by a leaflet indicating the product’s characteristics. A prevention officer will be responsible for providing advice to members and monitoring their consumption. The state of Lower Saxony has so far issued 15 permits for cannabis clubs.
14th October 2024: Germany: According to a survey conducted by the YouGov Institute and published in the newspaper Der Spiegel, 55% of 2,100 respondents think that legalisation was wrong, while 37% think it was right. In addition, one-third of Germans have noticed an increase in cannabis consumption in their surroundings since legalisation.
3rd October 2024: Germany: According to the Federal Agency for Agriculture and Food (BLE), industrial hemp cultivation reached a record high of 7,116 hectares in 2024, an increase of 1,282 ha over the previous year. However, the number of farms fell to 623, meaning there are 40 fewer than in 2023. The largest areas per farm are in Brandenburg (38 ha), Saxony-Anhalt (32 ha) and Thuringia (22 ha).
30th September 2024: Germany: The German Federal Office of Consumer Protection and Food Safety (BVL) has reported an increased number of CBD foods, which are considered novel foods, being notified to the European Rapid Alert System (RASFF). Out of 90 products reported in 2023, 44 were notified by the German authorities. The authorities reported that the products are particularly attractive to children, such as chewing gum, honey and soft drinks.
26th September 2024: Germany: The Federal Cabinet has approved the draft law to liberalise the cultivation and handling of industrial hemp (Industrial Hemp Liberalisation Act, NLG). The bill would allow the indoor cultivation of industrial hemp and remove the “intoxication clause”, which states that the use of industrial hemp for commercial purposes must exclude the abuse of intoxication. The bill will now be sent to the Bundestag (parliament) to begin the legislative process.
25th September 2024: Germany: Bavarian health minister Judith Gerlach of the opposition Christian Social Union is calling on the German government to abandon its plan to create cannabis model regions, the so-called Pillar 2 of the cannabis legalisation plan, press reports. For Gerlach, commercial structures for dealing with cannabis are clearly not compatible with European and international law, and there is a growing realisation in the ranks of the governing Social Democratic Party that the plans are not feasible. She added: “Bavaria is consistently committed to protecting people from the health risks associated with cannabis consumption. We will stay on this course – that is why we are implementing the law as restrictively as possible.”
18th September 2024: Germany: The German Federal Ministry of Food, Agriculture and Consumer Protection (BMEL) has published the draft of a law to liberalise the cultivation and handling of industrial hemp (Industrial Hemp Liberalisation Act, NLG) as well as the comments of various industry associations. The bill would allow the indoor cultivation of industrial hemp and remove the “intoxication clause”, which states that the use of industrial hemp for commercial purposes must exclude the abuse of intoxication. The explanatory note to the bill specifically mentions that the plan is to provide legal certainty and that products intended for intoxication – “so-called edibles” – will not be permitted under the bill. The bill will now be sent to the Bundestag and Bundesrat for further processing.
17th September 2024: Germany: Asked about delays in introducing the second pillar of the government’s plan to liberalise recreational cannabis, which would introduce regional pilot projects with commercial supply chains, the Federal Ministry of Food and Agriculture (BMEL) said it was still waiting for a draft from the Ministry of Health’s office. “The bill is to be drafted under the leadership of the Federal Ministry of Health (BMG),” a BMEL spokesperson told the press. The Ministry of Health replied: “The federal government’s work on preparing the second pillar involves complex technical and legal issues and requires coordination between the departments involved. This coordination has not yet been completed.” Members of the opposition Left Party are sceptical and no longer believe that a second pillar will be presented before the end of the legislative period in September 2025.
9th September 2024: Germany: The response from the Federal Ministry of Food and Agriculture (BMEL) to a parliamentary question from the opposition Christian Democratic Union (CDU)/Christian Social Union of Bavaria (CSU) parliamentary group shows the amount of land under industrial hemp cultivation from 2000 to 2023. The German government predicts a significant increase in the cultivation area for 2024 and confirms that the BMEL is drafting a bill to repeal the so-called intoxication clause in the Cannabis Act to remove the associated legal uncertainty for commercial hemp growers and traders, and to allow the indoor cultivation of commercial hemp for the first time.
2nd September 2024: Germany: According to a survey by the German Press Agency (dpa) published in the press, 280 applications for cannabis clubs have been received nationwide. North Rhine-Westphalia has the highest number of applications, with 69. Of the 14 licences granted, 11 were in Lower Saxony. Rejections are often due to lack of child protection rules, such as zoning restrictions on daycare centres and schools, according to the Lower Saxony Chamber of Agriculture, responsible for the applications. No fines for violations of the cannabis regulations have been registered so far.
16th August 2024: Germany: The city of Wiesbaden, capital of the German state of Hesse, has published a letter of intent to participate in the pilot project for the sale of recreational cannabis in pharmacies. Wiesbaden’s health minister Milena Löbcke said: “The establishment of a second pillar alongside private cultivation and cultivation associations is essential in order to marginalise the black market and achieve the goals of successful child, youth and health protection”. The second pillar promised by the federal government is a five-year scientific project in which companies will be allowed to produce, distribute and dispense recreational cannabis through licensed specialist shops within a state-controlled framework. A legal framework for the second pillar has not yet been presented.
30th July 2024: Germany: The German company Demecan and the Canadian companies Aphria RX (Tilray) and Aurora have received permission under the Medical Cannabis Act to cultivate unlimited amounts of medical cannabis, press reports. The previous restriction, which only allowed cultivation of a certain amount and required sales to be made through the state cannabis agency, has been lifted. Additionally, deliveries can now be made directly to pharmacies.

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