Your cart is empty
Cannabis and CBD in Germany: What the Law Says (2026 Framework)
Introduction and Legal Context in Germany
Unlike France, Germany fundamentally transformed its cannabis policy with partial legalization that came into effect in April 2024 (via the CanG law). The cultivation, possession, and consumption of high-THC cannabis are no longer entirely prohibited for adults, but they remain strictly regulated by specific rules.
A legal alternative continues to exist for consumers looking for the benefits of hemp without the psychotropic effects: CBD, the marketing of which is authorized as long as the THC level complies with European and national thresholds.
What German Law Says About Recreational Cannabis (THC)
The legal framework for adults over 18 is based on well-defined quantitative tolerances:
-
Possession in Public Spaces: Possession of up to 25 grams of dried cannabis for personal use is decriminalized in public spaces.
-
Possession at Home: It is permitted to possess up to 50 grams of dried cannabis at home.
-
Authorized Home Cultivation: Unlike France, where even a single plant is illegal, Germany allows adults to cultivate up to 3 feminized cannabis plants per adult person and per household, provided they are protected against theft (especially by minors).
-
Cannabis Clubs (CSAs): Adults can join non-profit collective cultivation associations to legally source limited quantities per month.
However, exceeding these thresholds, reselling cannabis outside of licensed clubs, or fueling illegal trafficking exposes individuals to very heavy prison sentences and substantial fines provided for by the German Criminal Code (Strafgesetzbuch - StGB).
Table of Sanctions and Thresholds in Germany
| Offense / Situation | Legal Framework / Authorized Limit | Sanction or Consequence | Practical Note |
| Possession (Public Space) | Up to 25 g | Legal (no sanction) | Beyond 25 g, criminal prosecution applies. |
| Possession (Home) | Up to 50 g | Legal (no sanction) | Private and secure storage is mandatory. |
| Personal Cultivation | Maximum 3 plants per adult | Legal (no sanction) | Mandatory protection against access by minors. |
| Excessive Cultivation (4 to 7 plants) | Outside the domestic legal framework | Offense / Fine or prison sentence | Considered a minor offense if intended for self-consumption, but punished. |
| Trafficking / Illegal Resale | Sale or large volumes | Up to 5 years or more of imprisonment | Jurisdiction of criminal courts (StGB). |
Driving Under the Influence of Cannabis in Germany
German road traffic legislation was adapted following the reform while maintaining zero tolerance for road safety.
-
The Legal Limit: A threshold set at 3.5 ng/ml of THC in blood serum was introduced to replace the old absolute zero-tolerance approach, which penalized consumers even several days after consumption.
-
Combination with Alcohol: The rule is strict: the simultaneous consumption of alcohol and cannabis while driving is completely prohibited and leads to immediately aggravated sanctions.
-
Sanctions: Exceeding the threshold leads to fines, a temporary driver's license suspension, and the obligation to undergo a medical-psychological examination (MPU, often dreaded by motorists).
Can You Be Penalized for Possessing CBD in Germany?
CBD (cannabidiol) is perfectly legal in Germany, provided that the finished products come from certified hemp varieties and contain a THC level below the current legal limit (generally aligned with European standards, i.e., less than 0.3%).
The possession, purchase, and consumption of CBD flowers, oils, or cosmetics do not constitute an offense. During a police check, visual or olfactory confusion with THC cannabis may occur; however, holding the invoice or original packaging from a reliable supplier like Sixty8 immediately clears up any doubt.
In Practice: What Actually Happens on the Ground?
-
Less than 25 g on oneself or 3 plants at home: No prosecution, law enforcement does not intervene.
-
Moderate threshold exceedance (e.g., 30 g on oneself): The product is confiscated, and an administrative investigation or a fine may be issued.
-
Proven trafficking or sale to minors: Immediate intervention by authorities, search, police custody, and a high risk of a firm prison sentence.
FAQ
Can a resident grow their own cannabis plants?
Yes, Germany allows a maximum of 3 plants per adult at home, provided they are grown out of public view and secured against theft and access by minors.
Is it legal to buy CBD flowers in Germany?
Absolutely. CBD flowers and products complying with THC thresholds are sold over-the-counter and can be safely purchased from specialized suppliers like Sixty8.
What happens if you exceed the 25 g limit in public?
Between 25 g and 50 g in public, the act may be subject to an administrative offense procedure (Ordnungswidrigkeit) with a fine, and the surplus is confiscated. Beyond that, the case shifts to criminal law.
Can tourists consume and buy cannabis in Germany?
Although possession and consumption are decriminalized for adults, legal purchase remains complex for non-residents because access to Cannabis Clubs is strictly reserved for members residing in Germany for at least 6 months. Tourists therefore cannot legally source from the clubs.
Leave a Reply Cancel Reply