This guide explains the current laws about cannabis in Germany.
Is recreational marijuana legal?
Not yet. Recreational marijuana is illegal in Germany, and also in Berlin. If the police catches you with weed, you can get in trouble.
In Berlin, cannabis is tolerated. People often smoke weed in parks, on the street, and even in some bars. If you smoke weed, people usually leave you alone. You can still get in trouble, but it’s less likely. It can be different in other German states.
In 2021, a new coalition government was elected in Germany. This new government wants to legalise recreational marijuana in all of Germany. It’s part of their coalition agreement. Marijuana will probably become legal in 2024 or 2025.
Is medicinal marijuana legal?
Yes. Medical marijuana is legal for seriously ill patients with a prescription1 since 2017. It is rarely prescribed. Only a few hundred people have a prescription.2
Is CBD legal?
It depends. CBD flowers are not legal for consumers. Processed CBD products are legal if they have less than 0.2% THC.3 CBD oil with less than 0.2% THC is legal.4
You can still find CBD flowers in some Spätis and head shops,5 even if it’s illegal.
Are cannabis seeds legal?
No. Cannabis seeds are legal if “they are not intended for unauthorized cultivation”,6 and German authorities assume that you will grow cannabis.7
You can buy cannabis seeds on the internet. Royal Queen Seeds is a popular website.8 Websites like Royal Queen Seeds and Samenwahl accept payment in bitcoins.
Many people order seeds without problems,9 but it’s still risky. In 2021, German customs seized cannabis seeds sent by post.10 Sensi Seeds stopped shipping seeds to Germany because of this.11 The people who ordered the seeds got a letter from the police. They are not in big trouble, but they might need to hire a lawyer.12
Can I grow my own weed?
No.13 You can’t grow your own cannabis in Germany. It’s illegal.
Can I bring weed from another country?
No. For example, you can’t buy weed in the Netherlands, and bring it to Germany. They sometimes check buses, trains and cars that come from the Netherlands.14 They sometimes use dogs to detect drugs.
It’s a lot easier to buy quality weed in the Netherlands, or even in the Czech Republic, but it’s risky to bring it back to Germany.
What happens if I get caught with weed?
If you get caught with cannabis on you, the police will take you to the police station and question you. They will take your photo and information, and they will let you go. Be polite, and do what you are told. You will be fine.
A few weeks later, you will get a receipt for your visit at the police station. You don’t need to do anything yet. At this point, your case is still open.
Later, you will either get a letter with legal instructions, or a letter that says that there is no trouble.
In Berlin, what happens depends on how much weed you have:15
- Under 10 grams
The public prosecutor’s office must drop your case if there is no danger to others. You are not in trouble, unless you were driving while high, cycling while high, or smoking weed around children. - Under 15 grams
The public prosecutor’s office can choose to drop your case. You could be in trouble. - Over 15 grams
The public prosecutor’s office must prosecute your case. You are in trouble.
In all cases, this will appear on your record at the driver licence’s office. It could be a problem when you try to get a German driving licence.
More information (in German) – Berlin.de
