Germany legalizes recreational cannabis

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Insights from Der Spiegel, BBC, and The New York Times

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Germany on Monday partially legalized recreational cannabis, sparking widespread celebrations, with hundreds gathering by the Brandenburg Gate in Berlin to light joints as the new law took effect at midnight.

Adults can now grow up to three marijuana plants for private consumption, and carry small amounts for personal use. The drug remains banned for those under 18 and restrictions are tighter for young adults aged 18-21.

Beginning July 1, Germans are also allowed to establish growers associations or cannabis “social clubs” with up to 500 members that can grow and distribute cannabis on a not-for-profit basis.

The bill followed decades of debate over whether to legalize the drug. The watered-down version that eventually passed contains many “caveats and complexities” that have left people on both sides unhappy, the BBC reported.

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New rule will help remove taboo around cannabis use and combat addiction

“Cannabis use already existed yesterday, but it’s increasing. Now it’s exiting the taboo zone,” German Health minister Karl Lauterbach — who formerly opposed legalization — said in a post on X. Amid rising consumption, bringing cannabis into the legal sphere could provide an alternative to the black market and help protect young people from contaminated or overly concentrated versions of the drug, he said.

One social services advocate told Der Spiegel that decriminalizing cannabis will also allow more people to get help with addiction. “Cannabis consumption is brought out of the taboo zone and can be talked about,” she said.

Police say it will strengthen black market, and enforcement is difficult

German police have raised concerns about legal demand outstripping supply, warning that the black market for marijuana will actually be strengthened by the new law, the BBC reported.

Speaking to Germany weekly Der Spiegel, Alexander Poitz of the German Police Union noted the difficulty of enforcing complicated rules that prohibit smoking near children, schools or playgrounds, for example, and the fact that police do not carry precision scales to carry out checks.

“Due to various ambiguities and the lack of legal definitions, there will be clearly noticeable dissatisfaction, uncertainties and errors among all parties involved,” he said.

But German Justice Minister Marco Buschmann said while the law change will initially make more work for the police, it will relieve both the police and the judiciary over time, allowing them to focus on “even more relevant crime.”

Change might be short-lived if center-right party wins back power next year

Former Chancellor Angela Merkel’s government opposed legalization or decriminalization of cannabis for years, but Chancellor Olaf Scholz’s socially liberal government quickly found consensus on the issue when it came into power in 2021. Merkel’s party, the Christian Democratic Union, has already pledged to reverse the law if it wins back power in 2025.

Armin Schuster, a member of Germany’s center-right opposition bloc, warned that the law would unleash a “complete loss of control.”

“How you can get the idea that you would relieve the police and other authorities is a mystery to me,” another Christian Democrat told the German network RND.