The Cannabis Consumption Act (KCanG) Overview

The Cannabis Consumption Act (KCanG) came into force on 1 April 2024 and marks a historic turning point in German drug policy. For the first time in decades, Germany moves away from a purely prohibitionist approach and creates an independent legal framework for private cannabis use. The law removes cannabis from the Narcotics Act (BtMG) and establishes it as a distinct category with its own rules, regulatory structures and a clearly articulated mandate to protect vulnerable groups.

## Legislative History

The debate over cannabis reform in Germany goes back decades. As early as the 1990s, the Federal Constitutional Court ruled that while cannabis use was not exempt from punishment, minor quantities might not need to be prosecuted under certain circumstances. In subsequent decades, German states developed very different tolerance thresholds – Berlin tolerated up to 15 grams while Bavaria could pursue prosecution from as little as one gram.

The 2021 coalition agreement of the Ampel government contained a clear commitment to controlled cannabis distribution to adults. Intensive consultations with the European Commission followed, as full market liberalisation might have conflicted with EU law. This produced a two-stage approach: the KCanG as the "first pillar" covering private possession, home cultivation and non-commercial cultivation associations; and a "second pillar" for regional commercial pilot projects established in separate legislation.

## Core Rules: What Is Permitted?

**Public possession:** Adults aged 18 and over may carry up to 25 grams of dried cannabis in public spaces, including streets, parks and public transport.

**Private possession:** Up to 50 grams may be stored at home or on private property, reflecting the reduced risk of accidental distribution in a private setting.

**Home cultivation:** Up to three flowering cannabis plants per person are legal. Only female plants in the flowering stage count toward this limit.

**Cultivation associations (Cannabis Social Clubs):** Non-profit registered associations may collectively grow and distribute cannabis to their members, subject to strict membership caps (500 members), documentation requirements and mandatory addiction prevention programmes.

## Youth Protection

A central principle of the KCanG is protecting young people from cannabis-related risks.

**100-metre exclusion zones:** Consumption is prohibited within 100 metres of schools, childcare facilities, playgrounds, public sports facilities and youth centres. The distance is measured as the crow flies.

**Prohibition near minors:** Cannabis may not be consumed in the immediate presence of persons under 18, regardless of location.

**Stricter limits for 18–21-year-olds:** Cultivation associations may only distribute up to 30 grams per month (rather than 50) to members aged 18–21, and THC content must not exceed 10 percent.

## Differences from the BtMG

The BtMG treated cannabis as a non-tradable narcotic, making all possession and cultivation presumptively criminal. The KCanG inverts this logic: private possession and home cultivation within defined limits are now the legal default. The law also creates nationwide uniform thresholds, replacing the patchwork of regional prosecutorial standards that characterised the BtMG era. Additionally, the KCanG provides for an amnesty review of past convictions for conduct that is no longer criminal under the new law.

## The Role of Federal States

While the KCanG is federal law, enforcement is a matter for the individual states (Länder). States designate the competent authorities for licensing cultivation associations, conduct ongoing inspections and determine the intensity of policing. This means practical enforcement can vary considerably across Germany.

## Outlook

The KCanG is designed as a first step in a broader cannabis reform. The envisaged "second pillar" of regional commercial pilot projects remains politically uncertain following the collapse of the Ampel coalition in late 2024. The law itself mandates a formal evaluation by 2028, which will assess its effects on the black market, youth protection, addiction rates and public safety.