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The question of the extent to which possession of marijuana is criminally relevant now depends, among other things, on the quantity possessed and the purpose of possession e. Consumption is also not permitted without restriction, so it is crucial to know the details of partial legalisation to be able to assess the boundaries between legal and non-legal use of cannabis. Our criminal law team comprises experienced criminal defence lawyers, including former public prosecutors. Our excellent expertise and many years of experience ensure the best possible results for our clients. Contact us today to benefit from our knowledge. Furthermore, our German lawyers will inform you about the current legal situation and political developments concerning cannabis in Germany. Google Rating Based on reviews. Current legal situation regarding the legalisation of cannabis. Cultivation and sale of cannabis. Driving offences and cannabis consumption. Cannabis social clubs. Drug offences and German narcotics criminal law. In this context, it is essential to note that cannabis has not been legalised , but only exceptions have been created that are permitted. Nevertheless, criminal liability and corresponding investigation proceedings are possible. Section 2 KCanG continues to provide as a basis that the. In particular, quantity-based exceptions and age limits apply to possession and cultivation. For the other behavioural alternatives, the KCanG provides for the possibility of a permit. The extraction of cannabinoids from the cannabis plant is prohibited. An offence against this prohibition can be punished with up to three years imprisonment. The prohibition does not include the extraction of CBD and the extraction to be carried out by cultivation organisations to determine the THC and CBD content in the cannabis passed on, Section 2 para. Cannabis consumption is also legal to a limited extent. Persons who have reached the age of 18 are exempt from the punishable ban on the possession of cannabis if they:. Accordingly, minors are not permitted to possess cannabis under any circumstances. The protection of minors is therefore reflected in the following prohibitions:. The consumption of cannabis is generally prohibited in the immediate presence of persons who have not yet reached the age of This also applies in private settings and does not provide for any exceptions. Consumption in public spaces is permitted to a limited extent. It is not permitted to consume cannabis:. Since March , it has become easier for doctors to use cannabis to treat patients. Before the law change, a special licence was required for doctors, which is no longer needed. This removes medical cannabis from the scope of the Consumer Cannabis Act KCanG in Germany and removes its status as a narcotic altogether. The handling of medical cannabis is made considerably easier by the provisions of the MedCanG. In particular, a prescription for a narcotic is no longer required. Prescriptions can now be issued by a doctor using a regular prescription. In addition, proof of security is no longer necessary in favour of the possibility for the German Federal Institute for Drugs and Medical Devices BfArM to issue a security order in justified cases. The dispensing voucher procedure, which is thus a considerable bureaucratic burden, has also been abolished. Cannabis used in medicine is monitored at a federal level, where the relevant standards must be followed. The BfArM monitors production and importation. This state control ensures that the marijuana used for medical purposes is of the required quality. The illegal smuggling of cannabis can lead to a prison sentence. As permitted exceptions to the cultivation ban in Section 2 KCanG , Sections 9 and 10 KCanG stipulate that private cultivation is only allowed in Germany if it is carried out by persons who have reached the age of It is also limited to three cannabis plants. Proceeds from home cultivation may not be passed on to third parties. The transfer is not limited to sales. Passing on to friends and family, whether free of charge or not, is also prohibited. It should also be noted that home cultivation must not cause unreasonable nuisance or disturbance to the neighbourhood. If the requirements for permitted home cultivation are violated, this constitutes a criminal offence under Section 34 KCanG , which can be punished with a prison sentence of up to three years. However, these are also subject to restrictions and requirements. In Germany, medical cannabis is subject to its own regulations but has been allowed to be cultivated in Germany since The sale of — in legal terms, trafficking in — marijuana is still a criminal offence and can be punished with fines and imprisonment , Section 34 para. Other criminal activities related to marijuana include the smuggling of marijuana from abroad. Smuggling the substance into Germany can also lead to prison sentences of up to three years. Here, too, being part of a gang and smuggling to sell on a commercial level have an aggravating effect, so a prison sentence of up to 5 years can also be imposed. If you are involved in a traffic accident in Germany, you will usually be tested for driving under the influence of alcohol or drugs. If it turns out that you were driving under the influence of marijuana, the sanctions can range from fines, penalty points and driving bans to a criminal conviction , depending on the facts of the case. If driving under the influence of marijuana leads to a traffic accident in which another person suffers serious injuries or even loses their life, a serious criminal prosecution is regularly to be expected in such cases. The decisive factor for sentencing is if it is a repeated incident within a short period. In the case of repeated incidents, the consequences are generally more severe. For those who are carrying marijuana while driving, a police stop can be unsettling. However, behave calmly in this situation: irrational behaviour, such as resisting the police with physical force or concealing basic information about yourself, can increase suspicion and lead to far-reaching consequences. Such behaviour can increase the likelihood of being asked to take a test by the police. If you are sober during the police check and confident that you will pass the test, it is advisable to have the basic tests carried out. More detailed tests, such as a blood test , can only be carried out with a court authorisation. For such an order to be issued, there must be considerable suspicion by the police. Contact our German Criminal Lawyers. Please use the contact form to contact our lawyers regarding marijuana possession and related offences in Germany. After receiving your request, we will make a short preliminary assessment based on the information provided and give you a cost estimation. You can use this mechanism to send us encrypted files and messages. The contents are encrypted with a password assigned by you, which you must send to us via a third channel. You can also send us the request directly via PGP. However, we recommend using our secure server for sending files. Mo — Fr: — 24h Contact: Email: info se-legal. Berlin , Potsdamer Platz Frankfurt , Hanauer Landstrasse B. Hamburg , Neuer Wall Lawyers for German Criminal Law. Our services. Our Services. Content show. The Legal Status of Cannabis in Germany. Permitted Possession of Cannabis. Cannabis Use in Medicine in Germany. Private Cultivation of Cannabis. Sale of Cannabis in Germany. Contact us. Legal Advice in Relation to. Litigation Criminal Defence. Further Expertise in Context. Criminal law. Section 2 KCanG continues to provide as a basis that the possession, cultivation, production, trade, import, export and transit, distribution and transfer, procurement, acquisition and receipt of cannabis are prohibited. Persons who have reached the age of 18 are exempt from the punishable ban on the possession of cannabis if they: carry a maximum of 25 grams for personal consumption, have up to three live cannabis plants at their place of residence or habitual abode, carry more than the 25 grams permitted on the premises of a cultivation organisation. The protection of minors is therefore reflected in the following prohibitions: increased criminal liability for supply to minors, a ban on consumption in the immediate vicinity of minors and the ban on minors being members of a cultivation organisation. In such cases, decisive factors can play a role, such as the target of the sale — selling to children can lead to more severe penalties, the quantity of marijuana sold, whether members of a criminal gang carried out the sale, or whether there was a violent element to the transaction — possession of weapons at the time of purchase, etc. Traffic Offences and Cannabis Possession. Practice Group: German Criminal Law. Online Form. Philip Busse. Julius Hagen. Thorsten Weckenbrock. Prof Dr. Peter Rackow. Of Counsel Freelance. Notice: JavaScript is required for this content. Conference Rooms.