Liberalization of Marijuana in Germany and the Proposed Amendment in the Czech Republic: An Overview of Legal Changes in 2024

As of April 1, 2024, there has been a significant change in the legal framework regarding marijuana use in Germany. The new legislation allows adults, under certain conditions, to legally possess and cultivate cannabis for personal use, representing a significant step towards the liberalization of drug policy in the country. In recent articles, we have informed you about the bans on cannabinoids in the Czech Republic. However, in this article, we will focus on the current legal status of marijuana possession and cultivation and the forthcoming legal changes.

As of April 1, 2024, Germany has liberalized its legal framework concerning marijuana use. The following applies from April 1:

• Individuals over 18 years of age may possess and carry up to 25 grams of cannabis for personal use (25g in public, 50g in private spaces); this amount is irrespective of THC content;
• It is possible to grow up to three cannabis plants at home and store up to 50 grams of dried cannabis;
• Individuals are prohibited from smoking marijuana in view of schools, sports centers, or in "pedestrian zones" from 7:00 AM to 8:00 PM;
• Smoking marijuana is prohibited within 100 meters of children's playgrounds, schools, or sports centers.

From July 1, 2024, residents of Germany over 18 years of age may form nonprofit "cannabis clubs," each of which can have up to 500 members. Individuals will be able to purchase up to 25 grams daily or a maximum of 50 grams per month – for those under 21 years, this amount is limited to 30 grams. Membership in multiple clubs is not allowed.

Germany is becoming the third European Union country, after Malta and Luxembourg, to legalize cannabis for personal use. The government argued that legalization would weaken the criminal trade in the drug, protect it from harmful additives, free up police resources for pursuing more serious crimes, and ensure protection against use by individuals under 18.

In the Czech Republic, the use, possession, and cultivation of marijuana are still illegal. According to current legislation, it is possible to cultivate cannabis plants with a THC content above 1%, and then handle it only under the conditions and with the permission granted under Act No. 167/1998 Coll., on Addictive Substances and on Amendments to Certain Other Acts (hereinafter referred to as the "Addictive Substances Act"). However, the possession or cultivation of small amounts of marijuana for personal use has been decriminalized, meaning that the possession or cultivation of up to 10 grams (so-called small amounts) of marijuana is considered a misdemeanor under Section 39(2)(a) and (b) of the Addictive Substances Act, not a criminal offense. For quantities greater than small amounts, it would then be considered a criminal offense, with more than 10g of dried material containing at least 1g of the active psychotropic substance THC. These quantities of individual narcotic and psychotropic substances are currently determined by the Opinion of the Criminal Law College of the Supreme Court, File No. Tpjn 301/2013.

Currently, however, a draft law on the handling of substitution cannabis is being discussed, the purpose of which is mainly to allow possession for personal use and to allow small home growers to cultivate cannabis plants and subsequently produce various cannabis ointments, oils, drops, etc., without the need for a permit. This draft law should establish clear conditions under which it would be legal to possess and cultivate cannabis plants.

This law also considers so-called cannabis associations similar to the cannabis clubs introduced by German legislation. In this case, the main activity of the association should be the cultivation of cannabis plants to provide substitution cannabis to members of the cannabis association. According to the proposed law, cannabis associations could operate based on a permit issued by the Government Office.

The draft law further defines, for example, that:

• To cultivate cannabis plants for personal use by an individual or to act as a registered member of a cannabis association, or even as a customer of such an association, a card must be issued by the Government Office, and the person must be registered in the information system for handling cannabis plants, cannabis, and propagation material;
• Cultivation should be allowed on an area not exceeding 3 square meters (again only for individuals holding a card as per the first point);
• The maximum permissible amount of dried cannabis, cannabis extract and tincture, or other forms of processed cannabis plants (max. 10 grams of dried cannabis with a 10% THC content) should be significantly increased without the need for a permit to handle addictive substances;
• Possession of more than 100 grams of dried cannabis with a 10% THC content would be considered a criminal offense;
• Cannabis establishments must not be located in healthcare facilities, schools, or within 200 meters of the entrance to a school, etc.;
• Shop windows, windows, and entrances to cannabis establishments must also be secured against looking into their interiors;
• The municipality may prohibit the use of cannabis in public spaces located near a school, educational facility, or other space reserved for activities of individuals under 18 years of age.

Given the current political situation, however, it is questionable whether this proposed law or its amended version will be approved.

If you have any questions regarding cannabis law, do not hesitate to contact us. We would be happy to learn more about your case and provide you with the necessary legal assistance.