(CN) — A divided Bundestag on Friday voted to make Germany the first major European Union country to legalize the possession and purchase of small amounts of cannabis for recreational purposes.
The ruling coalition of Social Democrats, Greens and Free Democrats passed the law over the objections of Germany's conservatives and groups of judges, police and doctors. The vote in the Bundestag, Germany's powerful lower chamber, was 407-226 with four abstaining.
Starting April 1, people 18 and older will be able to grow up to three marijuana plants and possess up to 25 grams (about 1 ounce) of cannabis in public spaces and up to 50 grams in private places.
The law also allows the establishment of private nonprofit “cannabis clubs” that can grow and sell cannabis to members.
Individuals will be allowed to buy up to 25 grams per day, or a maximum 50 grams per month — a figure limited to 30 grams for under-21s. Membership in multiple clubs will not be allowed.
It will remain illegal for anyone under 18 to use cannabis. The law requires cannabis to be kept away from children and it bans cannabis advertising and sponsoring. A campaign to educate Germans about the dangers of cannabis use will also take place.
The legalization of marijuana came to the forefront in Germany following national elections in 2021 that saw a socially liberal coalition take over from former Chancellor Angela Merkel's conservatives.
In joining forces in November 2021, the coalition of Social Democrats, Greens and Free Democrats envisioned allowing the sale of cannabis to adults at licensed outlets across the country, but those plans were scaled back following talks with the EU’s executive branch.
The law does not need the approval of Germany's upper house, the Federal Council, or Bundesrat, which represents Germany's 16 federal states. But some states are planning to object to the law and that could delay its implementation.
So far in the EU, only Luxembourg and the small island nation of Malta have legalized cannabis. In the Netherlands, people can use cannabis in special coffee houses and its use has long been tolerated but it is not technically legal.
Elsewhere in Europe, Portugal, the Czech Republic and Estonia have decriminalized cannabis but have not passed laws legalizing it. In Spain, cannabis consumption is legal in private spaces.
Under the German law, cannabis consumption won’t be allowed in the vicinity of schools, playgrounds and sports facilities. An evaluation of the legislation’s effect on protection of children and youths will carried out within 18 months of the legislation taking effect.
The law also sets up regional pilot projects where cannabis will be sold at specialty shops to better understand the effects of allowing the commercial sale of marijuana.
A YouGov poll on Friday found Germans split over legalizing marijuana with about 47% of respondents saying they were somewhat or completely in favor and 42% saying they were somewhat or completely opposed, as reported by German media.
Germany's health minister, Karl Lauterbach, promoted the law as the best way to tackle the black market in drugs and reverse what he said was a failed policy on cannabis.
“The previous policy of banning it has failed,” Lauterbach said.
Speaking to the Bundestag, he said outlawing cannabis has led to more children using the drug, a bigger black market, the distribution of potent and toxic cannabis and a rise in crime.
“It cannot go on like this,” he said. “Education instead of bans; eliminating the black market is a better solution.”
But critics worry legalizing cannabis will have unintended consequences and fuel the illicit market and drive up cannabis use.
The law was opposed by the center-right Christian Democrats and the far-right Alternative for Germany. Opponents argued the law would put new burdens on police and lead to an explosion of marijuana use.
“As a health policy, it is fatal and irresponsible,” said Christopher de Vries, a Christian Democrat. “Almost all experts see it this way.”
The German Association of Judges, police unions, the Association of German Criminal Investigators and the German Medical Association were among those opposed to legalization.
Recognizing the medicinal properties of cannabis, the United Nations removed it from a list of the most dangerous drugs in 2020. Reclassification by the U.N. Commission on Narcotic Drugs has given a big boost to efforts to legalize cannabis around the world, though the panel still classifies its use for non-medical and nonscientific purposes as illegal.
Uruguay became the first country to legalize cannabis in 2013, and pharmacies began selling it there in 2017.
Courthouse News reporter Cain Burdeau is based in the European Union.
Follow @cainburdeau
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