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KEY POINTS: What to know about Germany’s partial legalisation of cannabis

Cannabis is now partially freed for consumption in Germany. Why is this such a landmark legal reform, and what new rules and restrictions are in place?

KEY POINTS: What to know about Germany’s partial legalisation of cannabis
A man smokes cannabis in Berlin. Photo: picture alliance/dpa | Sebastian Gollnow

Why is this a historic moment?

The law decriminalises cannabis and legally recognises it as a non-narcotic. Germany becomes the third European country, after Malta and Luxembourg, to legalise adult recreational use. And the law makes it one of the most liberal among developed economies. 

READ ALSO: Germany gives green light to partially legalise cannabis from April

Only Canada, whose law allows individuals to buy from licensed retailers and carry up to 30 grams of cannabis, is more permissive.  

The cannabis law also lowers the barrier for doctors to prescribe medical marijuana to patients. It will now be considered a normal prescription instead of a narcotic. Previously patients needed to have a chronic illness or be seriously ill to get a prescription. 

What is the timeline for legalisation?

Beginning April 1st, adults are allowed to carry up to 25 grams of cannabis for recreational use. They can also keep up to 50 grams of marijuana at home and grow up to three plants for personal use. Note that is three plants per person, not per household. 

On July 1st, adults can begin joining “cannabis social clubs” where they can receive monthly allotments of marijuana. And in the future, the bill lays out a plan to test out municipal five-year pilot programs for state-controlled cannabis to be sold in licensed shops. 

Can cannabis be purchased in Germany after April 1st?

There is no way to buy cannabis directly, as it won’t be available for general purchase in a store. Instead, you can grow the plant yourself or join a cannabis club this summer. The cannabis clubs can begin growing cannabis on July 1st. 

What will cannabis clubs do?

Cannabis clubs can have up to 500 members. Clubs can give members 25 grams of cannabis per day and up to 50 grams of the plant per month. For members under 22 years old, clubs can allot up to 30 grams of cannabis per month. 

For cultivation club members between 18 and 21-year-olds the level of THC -the substance in cannabis that gives you the “high” – will be limited to help minimise the impact of marijuana use on developing brains. 

Cannabis in Dresden

Martin Reuter, head of the Sanaleo shop for CBD products in Dresden’s Neustadt, holds a cannabis flower for sale in his hands. Photo: picture alliance/dpa | Robert Michael

Clubs cannot sell weed to their members, but they are allowed to charge membership fees. Under the law, all excess production must be destroyed. 

Cannabis social clubs can set their own requirements for membership so long as the minimum age of membership is 18 and members can prove German residency. The law also gives states the ability to limit the number of clubs according to population density. 

Can you consume cannabis in public?

Yes, but there are some parameters. You cannot consume weed within 100 metres of schools, sports facilities or around minors. You can also only smoke cannabis in public between the hours of 8pm and 7am. 

How does the public feel about the law?

Germans remain divided on the new legislation with 47 percent in favour of the plans and 42 percent against the legalisation, according to a YouGov poll published on Friday, March 22nd.

The law was also met with sharp criticism from doctors, legal professionals and representatives from some of the nation’s 16 federal states. The conservative CDU and CSU parties expressed consistent opposition to the bill on the Bundestag floor. 

READ ALSO: Why is Germany’s cannabis draft law so controversial?

What happens if you break the rules?

Minors who are caught consuming cannabis will be required to take part in prevention programmes. It is unclear what rules will apply to cannabis in road traffic, shipping and air traffic because it is still under review by expert committees.  

Member comments

  1. It’s ludicrous that people can drive after taking THC and their consumption level can’t be checked at the roadside by the police.

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READER INSIGHTS

‘Told to leave the country’: How foreigners in Germany face xenophobia and racism

In a recent survey, the majority of The Local readers said they felt xenophobia and racism was on the rise in Germany, but personal experiences varied dramatically. Here's what readers said.

'Told to leave the country': How foreigners in Germany face xenophobia and racism

The word xenophobia comes from the Greek words xénos (foreign) and phóbos (fear), and is defined as the dislike of anything foreign or strange. 

It tends to stem from the perception of a conflict between an in-group and an out-group, and often is related to the fear of losing a national, ethnic, or racial identity.

While xenophobia itself refers primarily to the fear experienced by someone, the danger is that xenophobic sentiments lead to racist behaviour–and sometimes violence.

The far-right Alternative for Germany (AfD) has promoted xenophobic rhetoric for years.

In an investigation into the party earlier this year, Germany’s Office for the Protection of the Constitution (BfV) identified numerous statements made by AfD officials that questioned if foreign nationals belonged to the German nation, regardless of their level of integration, or even German citizenship.

Partly due to their propensity for promoting xenophobic ideas, the BfV labelled the AfD as an “suspected extremist” organisation – and in the state of Saxony, the local AfD branch was found to be a “confirmed extremist” organisation.

READ ALSO: Germany labels Saxony branch of far-right AfD as extremist

Given the AfD’s strong showing in the recent state elections in Saxony and Thuringia, some are concerned that xenophobia and related racist acts could be on the rise in Germany. 

In a recent survey, we asked our readers if they have experienced a rise in xenophobia or discrimination towards foreigners in Germany.

Of the readers who immediately responded, 58.3 percent said they had noticed a rise, whereas 41.7 percent said they had not.

xenophobia graph

What does xenophobia look like?

In its most raw and ugly form, xenophobia manifests as grotesque acts of racism.

A 35-year-old from Kenya who chose not to share their name told The Local that they were called a racial slur and “shown the Hitler salute” recently while on a boat ride in Lübbenau.

For the record, demonstrating a Hitler salute (also called a Nazi salute or Hitlergruß) is illegal in Germany, along with hate speech, and is punishable by up to three years in prison.

READ ALSO: FACT CHECK – Are people punished for using Nazi slogans in Germany?

But xenophobia is also often expressed with more subtlety.

Jamey, 45, from the US described a situation while camping in Saxony where the campground hosts talked down to him and those he was with, implying they were stupid because they were not German.

Another reader from India explained that xenophobia doesn’t always lead to direct confrontations, but can lead to a palpable sense that people are avoiding you: “Be it at a grocery store, a bus stop or a walk in the neighbourhood,” they said. 

The reader estimated that in their experience roughly 25 percent of people might avoid them or engage in some form of evasion, but that it was enough to make them feel uncomfortable and unwelcome.

Many respondents who said they felt xenophobia was increasing cited indirect acts like this, or otherwise verbal altercations, as being the primary example of racism they had experienced.

“It is mostly about smaller things so far,” said a 35-year-old from the Balkans, “But I’ve heard people shout hostile things at foreigners in the street a couple of times in the past year, which I personally didn’t experience before.” They added that they’ve lived in Germany for six and half years.

You might not notice it if you ‘look German’

A number of respondents who said they had not observed a rise in xenophobia or racism directly also noted that they might not immediately be perceived as foreigners themselves.

One respondent who told The Local that she had “not experienced any racism myself,” added that she’s a “white American” with German heritage.

For his part Ali, 56, from London said, “Only once or twice have I ever felt negatively treated as a foreigner here. But it’s not obvious I’m foreign until I open my mouth.”

Another respondent from Finland said that “as a white immigrant” that experience xenophobia “far less than people of colour”.

How does xenophobia affect work and day to day life?

Of those who had experienced xenophobia or racist acts in Germany, quite a few cited experiences in the workplace.

Elvis, who didn’t offer details about his age or location, said that one of his co-workers had referred to him as a “bush man”, and another had reacted with obscenities after seeing him with his wife.

He added that he’s worried rhetoric used by AfD leaders is increasing fear and intolerance of foreigners.

In less severe instances–though still hurtful and problematic–xenophobia in the workplace can come in the form of indirect comments. In some cases people might not even realise that their comments are rooted in xenophobic ideologies.

Carla, 47, from Portugal told The Local that “In the early days at my job, it was common to hear that ‘it was cheaper to hire a southerner than a German for my position’ and ‘I don’t understand why [the company] would hire someone that doesn’t speak German’”.

She added that she has since learned to speak German.

Beyond the workplace, some readers reported experiencing prejudice or racism in other public spaces.

“In the hospital some nurses were behaving in an openly racist manner”, said Hilary, 77, from the UK. Fortunately in her case, others stepped in “to ‘correct’ them”.

Erdi, 35, from Turkey, was also the victim of racist speech recently. He told The Local, “After my two-year-old son had a conflict with a German kid, their parents threatened us, telling us to leave the country if my son would continue to behave like this.”

READ ALSO: ‘I’m worried for my kids’: Foreigners in Germany fearful over rise of far right

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