Marijuana in Germany 2026: How Much You Can Have and Where to Buy

Germany has removed cannabis from the Narcotics Act and given it its own law. This is a systemic change, not just a raising of the threshold, and it is evident in every rule described below.

The most interesting element of this structure is rarely described: between the legal threshold and the criminal threshold, the legislator left a buffer where the act is a misdemeanor, not a crime.

Legal status checked in September 2026 in the text of the German cannabis law. This is a description of regulations, not legal advice.

Is possession of marijuana in Germany punishable?

It is legal for persons who are 18 years or older, within statutory limits. Cannabis ceased to be regulated by the Narcotics Act and received its own law, which distinguishes the German solution from a mere raising of the threshold in the previously applicable act. The change covered the entire legal regime, not just one number.

Legality of possession does not mean, however, that consumption is allowed everywhere. The law lists places and situations where consumption is prohibited, and this list is specific, not vague.

The ban includes the direct presence of persons under 18 years old, as well as areas around schools, playgrounds, youth facilities, and sports facilities. Additionally, it covers the surroundings of cultivation association headquarters.

Pedestrian zones are regulated separately, with specific hours. Consumption is prohibited there between 7 a.m. and 8 p.m., so the rule changes during the day.

Germany thus joins a narrow group of countries with actual legalization of possession. How this boundary looks in neighboring countries is shown on our marijuana legality map.

Separating cannabis from the Narcotics Act also has procedural consequences, which we describe in the medical program section. The change was not limited to transferring provisions between acts.

How much marijuana can you have in Germany?

There are three limits operating simultaneously: 25 grams outside the place of residence, 50 grams at the place of residence, and three live plants. The age limit is 18 years; below that, this entire structure does not apply and ordinary prohibitions are in force.

Note the relationship between the first two numbers. The total allowable mass at home is 50 grams, so it does not add up with the amount carried on the person but constitutes the upper limit of the entire stock.

The separation of the place of residence from the rest of the world is the essence of the structure. The same amount may be legal at home and exceed the threshold on the street, so the qualification depends on the place, not the weight alone.

The third number concerns plants and is a count, not weight. The law speaks of three live plants simultaneously, so plants at different growth stages count equally.

All three thresholds are legal thresholds, not aggravation thresholds. Below them, the act is not prohibited, not just treated more leniently.

What are the penalties for exceeding the threshold in Germany?

The German law has two levels, and between the legal threshold and the criminal threshold, a buffer was left. This solution is rare and worth describing because in most countries in this comparison, exceeding the threshold leads directly to criminal liability without any intermediate level. This margin distinguishes the German model from the Czech and Maltese ones.

A crime punishable by up to three years imprisonment or a fine begins only above 30 grams outside the place of residence, above 60 grams total, or with more than three live plants.

The range between these values is the buffer. From 25 to 30 grams outside the home and from 50 to 60 grams total is a misdemeanor punishable by an administrative fine of up to 30,000 euros.

Other violations of the law are punishable by a fine of up to 10,000 euros. The range between these two amounts shows that the legislator treats possession limit violations more seriously than other offenses.

The practical significance of the buffer is that a slight threshold exceedance does not immediately trigger criminal proceedings. For a traveler, this means a different risk calculation than in countries without such a margin.

Is there a medical marijuana program in Germany?

The program operates, and since 2024 it has its own law, separate from the Narcotics Act. This separation is more important than it looks on paper because it brings specific procedural simplifications both for doctors and pharmacies. We describe the effects of this change in the following paragraphs.

The most important is the disappearance of the narcotic prescription. Since medical cannabis is no longer subject to the Narcotics Act, this special form is no longer required for prescribing.

The circle of persons authorized to prescribe has been clearly narrowed. The law allows only doctors and explicitly excludes dentists and veterinarians, which is not a rule in this context.

The rules for issuing prescriptions apply accordingly to the regulations on prescriptions for medicines. The pharmacy dispenses the preparation only upon presentation of a prescription, so the channel remains fully pharmaceutical.

For a patient from Poland, the practical conclusion is that the German program is available through the usual medical route. This material does not describe conditions for persons from abroad.

Note that the exclusion of dentists and veterinarians is explicit in the law, not implicit. The legislator named these groups instead of leaving it to interpretation.

Is it allowed to cultivate cannabis for personal use in Germany?

A person who is 18 years or older may cultivate up to three cannabis plants simultaneously for personal use. Cultivation must take place at the place of residence or usual stay, not anywhere chosen by the grower. The place is as much a condition as the number of plants.

The law formulates this limit very clearly. It speaks of no more than three cannabis plants simultaneously, so there is no room for expansive interpretation.

More than three live plants is a crime, not a misdemeanor. The buffer known from possession regulations does not apply to cultivation, so the fourth plant moves the case directly to criminal proceedings.

Note the word “simultaneously.” The limit concerns the state at a given moment, not the number of plants grown during the year, so rotation does not increase the allowable number.

Cultivation associations are mentioned separately in the law regarding consumption bans near them. This material does not describe their rules because the source we work with does not regulate them.

Finally, note what the law does not say about cultivation. It does not regulate the method of cultivation or requirements for securing plants against third-party access, so these issues cannot be inferred from this provision.

Is HHC legal in Germany?

HHC is explicitly listed in Germany in the annex to the Narcotics Trade Act, on the list of substances allowed for trade but not subject to prescription. However, the entry carries two exceptions that change the picture. Both must be read together with the entry itself.

The first concerns cannabis for medical or medical-scientific purposes under a separate law and is understandable. It is to ensure the entry does not conflict with the medical program.

The second is unusual and breaks the whole structure. The non-synthetic form, which is in circulation for non-medical purposes, is excluded, so control depends on the method of obtaining the substance, not the molecule itself.

We have established the wording of the provision but not how German authorities classify commercial products made by hydrogenation of cannabidiol. Without this, it is impossible to say whether HHC from a store is legal in Germany or not.

We state this directly instead of deciding on something the source does not resolve. How other legal systems treat the same substance is described in the article about whether HHC is legal and safe.

What was German law like before the reform?

For half a century, cannabis in Germany was subject to the Narcotics Act of 1972, which placed it in the same annex as substances with the highest control. Any possession was a crime, although in practice proceedings for small amounts were often discontinued under a separate provision of that act.

The first breakthrough came in March 2017. The Bundestag allowed prescribing cannabis to patients, and supervision of cultivation for medical needs was taken over by the Federal Institute for Drugs and Medical Devices through a cannabis agency established for this purpose. The medical market grew slowly over the following years, limited by the narcotic prescription procedure.

The political breakthrough came with the 2021 elections. The coalition of SPD, Greens, and FDP included legalization in the coalition agreement, but the original draft envisaged commercial sales and had to be rewritten. The reason was doubts about compliance with the 1961 UN Convention and EU law, raised before the draft was submitted to parliament.

The final version was voted on February 23, 2024. According to the Bundestag archive, 404 deputies voted for the law, 226 against, and four abstained. The Bundesrat did not block the law, and the provisions came into force on April 1.

The pre-reform situation explains the political intensity. Discontinuations for small amounts depended on the practice of individual states, so the same amount of dried cannabis could end with nothing in Berlin but with criminal proceedings in Bavaria. The 2024 reform unified this at the federal level for the first time, replacing discretion with numerical thresholds.

What exactly did the Konsumcannabisgesetz change?

The reform rests on four pillars: possession and cultivation limits, rules for consumption in public places, enhanced protection of minors, and no retail trade. Each has its own numerical thresholds worth knowing before crossing the line. The 25 g limit in public space covers all product forms converted to dry mass.

The 50 g limit applies to the permanent place of residence. Three plants may grow in the apartment or on the balcony, provided they are secured against access by unauthorized persons, including children.

Protection of minors is a separate pillar in this law, not an addition. Persons under 18 may not possess or consume cannabis, and giving them dried cannabis is strictly punished. For young adults between 18 and 21, the law provides a lower monthly limit and limits THC content in dried cannabis issued by cultivation associations.

The reform also worked retroactively, which is its least described element. Persons convicted solely for acts that ceased to be punishable after April 1, 2024, could request removal of the verdict from the register or correction of the aggregate penalty. This operation involved courts nationwide and burdened them more than the implementation of the new provisions itself.

Where in Germany is cannabis smoking prohibited?

Smoking in public places is allowed, but the law excludes five situations. Violation of the ban is a misdemeanor, not a crime, but in practice means a fine and an unpleasant talk with the police, so it is worth memorizing the list. The consumption ban from paragraph 5 includes:

The criterion of line of sight is more important here than the round number repeated in guides. The law says that line of sight no longer exists at a distance greater than 100 meters from the entrance to the listed facilities, so 100 meters is the upper limit, not the radius of the ban. The distance alone does not decide the matter: the provision refers to whether the object is visible, not to a measuring tape.

Additionally, state and municipal regulations may go further. Bavaria introduced a consumption ban at folk festivals, including Oktoberfest, and enforces it from the first season after the law came into force. Similar restrictions appeared in some parks and fairgrounds in other states.

The practical conclusion is opposite to intuition. Dense development works in favor of the smoker because it breaks the line of sight, while an open square, park, or wide avenue with a sports field on the other side may fall under the ban for the entire 100 meters. Private residence remains the safest place where none of these criteria apply.

The distinction between misdemeanor and crime is more important than it seems. Violation of the zone means misdemeanor proceedings and an administrative fine, while exceeding quantity limits by more than a small amount leads to criminal proceedings. For a foreigner, the difference is practical because the latter case stays in the system for years.

• schools, playgrounds, facilities for children and youth, and publicly accessible sports facilities, as well as the area within line of sight of them,
• pedestrian zones between 7 a.m. and 8 p.m.,
• area of cultivation associations and surroundings within line of sight,
• presence of minors, regardless of location,
• Bundeswehr military facilities.

How do Cannabis Social Clubs work?

Cannabis clubs, formally cultivation associations, are non-commercial organizations operating under a permit issued by the state authority. A club has up to 500 members, cultivates exclusively for their needs, and cannot issue dried cannabis to outsiders. Membership has three conditions: must be 18 or older, live in Germany, and not belong to another association simultaneously.

The law requires checking this with a photo ID, and a written statement of no membership elsewhere is kept by the club for three years. The statute must also provide for at least a three-month membership period and loss of membership if the member stops living in Germany.

Issuance limits are strict. A member over 21 may receive up to 25 g daily and 50 g monthly. For persons between 18 and 21, the monthly limit is 30 g, and the cannabis issued to this group may not contain more than 10% THC. Issuance occurs only on club premises, with both parties present and ID checked; shipping and delivery are prohibited.

Requirements for premises are separate. The authority denies a permit if the association’s area lies within 200 meters of the entrance to a school, children and youth facility, or playground. Sports facilities mentioned in the smoking ban do not trigger this threshold. In practice, this rule pushes clubs to city outskirts and industrial zones.

Note what this model leads to. Advertising ban, ban on sales to outsiders, and obligation of personal pickup mean the club is not a store with extra bureaucracy but a gardening cooperative with a register. This is a completely different logic than commercial distribution.

Associations may also issue seeds and seedlings to non-members, but only adults living in Germany, so tourists are excluded here as well. The limit is expressed in units: up to seven seeds or five seedlings, or a total of five seeds and seedlings per calendar month, with seedlings not allowed to be sent by mail. This is the only channel through which legal material leaves the club and the way the legislator intended to supply home cultivation without creating a seed market.

How many cannabis clubs really operate in Germany?

More permits have been issued than clubs actually issuing dried cannabis. The list maintained by Deutscher Hanfverband, as of April 2026, collects over four hundred approved associations in sixteen states. It is not an official register: the organization compiles a list from responses it obtained from states based on public information access laws.

The geographic distribution is very uneven and says more about local administration than demand. The most permits are in North Rhine-Westphalia, where five regions gathered 116 associations, and Lower Saxony with 86 entries on the list published by the local chamber of agriculture. At the other end is Saarland with one approved club and Bavaria with nine, despite being the second most populous state.

Bavaria also shows the limits of transparency. The state refused to provide association names and gave only numbers: as of March 5, 2026, it issued nine permits, rejected three applications, had eleven in process, and twenty-one applications were withdrawn by associations themselves. The last number says more about the entry barrier than the number of permits.

The list notes an important fact: not every association with a permit actually cultivates and issues dried cannabis. The authors point out that building law hinders startup in some states. There is thus a big difference between the number of permits and the number of clubs where members actually receive something.

For someone planning a trip, the conclusion is simple. A cannabis club is not an immediately available solution because it requires residence in Germany, formal membership, and at least a three-month membership period in the statute. It is infrastructure for residents, not visitors.

The procedure is not immediate either. The candidate submits an application, undergoes residence verification, and declares no membership elsewhere, and the club must plan harvests according to member numbers because it cannot buy dried cannabis externally. Queues result from the cultivation cycle, not bureaucracy.

Unevenness between states has another practical consequence. Where authorities impose stricter requirements on cultivation facilities, the club must find a hall with appropriate security and permission for such a function, which can be harder than obtaining the permit itself. Therefore, the number of associations in a state says more about local building law than residents’ attitudes.

Has commercial marijuana sales started in Germany?

No, and nothing indicates it will start this term. The original plan assumed that after the club phase, Germany would launch a limited-time pilot store in selected cities under scientific supervision. This second pillar never came into effect.

The reason is both political and legal. After the federal elections on February 23, 2025, a coalition of CDU, CSU, and SPD was formed, with the Christian Democrats opposing the reform from the start. Additionally, there is an external barrier: recreational commercial distribution is hard to fit within the 1961 UN Convention and EU law, which forced redesigning the law during the drafting stage.

This distinguishes Germany from Canada, where retail sales have operated since 2018 based on a clear federal decision, and from US states where state law conflicts with federal law. The German legislator decided not to test international law boundaries and stopped at the cooperative model.

The consequence for consumers is direct. In Germany, there is no legal point where an adult can simply buy recreational dried cannabis for money. Three routes remain: own cultivation, club, or prescription.

This gap explains why the informal market did not disappear overnight. A person who does not want to set up cultivation, does not qualify for a club, or does not want to appear in any register has exactly the same options after the reform as before. What changed is that possession itself ceased to be a criminal risk.

What THC limit applies to drivers in Germany?

Since August 22, 2024, the threshold of 3.5 ng/ml THC in blood serum applies, entered in paragraph 24a section 1a of the Road Traffic Act. This is the first time German law has set a numerical value for cannabis analogous to blood alcohol levels. The threshold applies to the driver, not possession.

Previously, courts relied on a 1 ng/ml threshold, but that was the detection limit of the method adopted in case law, not a statutory number.

According to the German Ministry of Transport, the value was proposed by an independent expert team appointed under paragraph 44 of the cannabis law, comparing the risk at this concentration to 0.2 per mille blood alcohol. The law was announced on August 21, 2024, and the provisions came into force the next day.

The threshold itself does not solve the problem that caused it. The test detects metabolites longer than real impairment lasts, so a driver who consumed cannabis the previous day may still exceed the limit. Raising the threshold reduced this discrepancy but did not eliminate it.

The only sensible practical advice follows. The time needed to fall below the threshold depends on dose, frequency, and individual metabolism, so no universal number of hours can be given. A regular smoker needs much more time than an occasional one, and when planning to drive, the only sure strategy is abstinence, not calculation.

How much does driving under cannabis influence cost in Germany?

The amount of sanctions is not in the law itself but in the fine schedule, and it is worth reading it because higher numbers circulate than actual. Item 242 provides for 500 euros and a one-month driving ban for exceeding the threshold, with one prior entry 1,000 euros and three months, and with several entries 1,500 euros and three months.

Driving with THC and alcohol has its own item 243a and is punished more severely: 1,000 euros and one month ban first time, then 1,500 and 2,000 euros, both with a three-month ban. The statutory ceiling for this situation is 5,000 euros, but the schedule does not reach it, so amounts above two thousand found in tourist guides have no basis in the provision.

Two groups of drivers are subject to stricter rules, not because of a lower threshold but because of its absence. Paragraph 24c prohibits persons in a two-year probation period after the exam and drivers under 21 from consuming THC and starting to drive under its influence, with no threshold. The schedule provides 250 euros for this, without a driving ban in the basic rate.

There is one exception to know if driving with a prescription. Both the 3.5 ng/ml threshold and the ban for young drivers do not apply when THC comes from a properly used medicine prescribed for a specific illness. The burden of proof lies with the driver, and the provision does not exempt from liability for driving while actually impaired.

What does German legalization mean for a Pole?

German law applies on German territory, and possession limits also cover Polish citizens regardless of registration. After crossing the border back, Polish law applies, which does not recognize legality of acquisition abroad. A tourist from Poland can legally have up to 25 g in Germany and consume it in allowed places.

However, they cannot join a cannabis club because the law requires residence or usual stay in Germany, nor cultivate because that also requires residence. Legal possession without a legal source is a situation most visitors fall into.

Driving is a separate issue. The German 3.5 ng/ml threshold applies regardless of vehicle registration country, so a car with Polish plates changes nothing. Upon return to Poland, the situation reverses because Polish law has no analogous THC limit, and any detection of the substance in a driver’s body carries risk of liability.

In practice, the riskiest moment of the trip is not consumption but the return journey. How psychoactive substances interact and why combining them can be unpredictable is discussed in the article about CBD and alcohol.

There is another layer few think about before traveling: the employer. Persons in professions with sobriety tests, driving company vehicles, or working in services gain nothing from German regulations because the test detects the substance regardless of where it was consumed. Legality abroad does not invalidate obligations under a Polish employment contract.

Rules for travelers across the EU, not just Germany, are collected in the article about what a tourist is allowed, and the difference between decriminalization and legalization is explained in a separate comparison.

What are the penalties for transporting marijuana across the border?

Polish law does not ask about origin. Dried cannabis legally purchased in Germany is the same in Poland as cannabis from an unknown source, and the act of transporting it across the border is a separate prohibited act, more serious than possession alone. The basis is the Act of July 29, 2005, on counteracting drug addiction, consolidated text Dz.U. 2023 item 1939.

Article 55 provides for a fine and imprisonment up to 5 years for intra-community acquisition or transport. For lesser weight, the court may limit to a fine, restriction of liberty, or up to one year imprisonment. However, if the act involves a significant amount or was for financial gain, the penalty cannot be less than 3 years.

Possession on Polish territory is subject to Article 62 and is punishable by imprisonment up to 3 years, with significant amounts from 1 to 10 years. Article 62a allows discontinuation of proceedings in cases under paragraphs 1 or 3 if the amount is insignificant, intended for personal use, and punishment would be pointless. It does not cover the qualified variant with a significant amount. This is an assessment of the authority, not a right of the possessor.

Remember one distinction because it causes costly mistakes. Legality of purchase in a neighboring country is not a circumstance excluding liability in Poland, and crossing the border does not end the case but opens it.

The absence of permanent border controls in the Schengen area changes nothing here. Member states may conduct police checks in border zones and temporarily restore internal border controls, which has been done several times recently. Free movement applies to people and legal goods, not substances prohibited in the destination country.

How does the German model compare to Canada, USA, and the Netherlands?

Germany occupies an intermediate position: it has a full legalization law but no retail trade. This arrangement is not used by any of the three most often cited reference points, and this is its originality. The Dutch example is the most interesting here because it shows what Germany wanted to avoid.

For half a century, the Netherlands tolerated sales in coffeeshops without legalizing cultivation, so the legal sales point had to supply itself illegally. Germany reversed this: it legalized production for personal needs and left sales outside the law.

Each model pays a different price. Canada has a coherent supply chain at the cost of conflict with international law. The USA has sales at the cost of regulatory chaos. Germany has compliance with conventions at the cost of some demand going outside the system.

Within the EU, Germany was not first but the largest. Malta allowed possession for personal use and home cultivation by Act LXVI of 2021, published December 18 that year, and Luxembourg followed the same path a few years later; both without retail sales. The German reform thus repeats a pattern already known in the EU but in the country with the largest population in the Community, making this model a continental-scale phenomenon for the first time. How it looks locally is described in the article about marijuana in Malta.

Will the German reform be reversed?

Not for now. The 2025 coalition agreement of CDU, CSU, and SPD does not provide for repeal of the law, despite earlier CDU announcements. Instead of repeal, an evaluation of the reform’s effects was planned, covering the development of the illegal market, youth protection, and the burden on police and judiciary. The evaluation schedule is public and has three points.

According to the federal government’s response to a parliamentary inquiry, the first partial report is scheduled for October 1, 2025, the next interim report for April 1, 2026, this time including the law’s impact on organized cannabis-related crime, and the full evaluation report is to be ready by April 1, 2028 at the latest. The studies will cover consumption in different age groups, prevention, child and youth protection, health effects, traffic, and enforcement and courts burden.

There is no agreement within the coalition on direction. Some Christian Democrat circles demand full repeal and cite preliminary observations of the reform’s effects, while SPD defends current solutions. The dispute is thus not about whether to evaluate the reform but what conclusion to draw from data that is still being collected.

Simultaneously, a dispute over medical cannabis is ongoing, and it is more real today than legalization repeal. The Ministry of Health prepared a draft limiting remote prescription issuance, requiring personal contact with doctor and pharmacy. The draft did not gain coalition support and stalled in the health committee, while SPD publicly supports telemedicine.

For a reader planning a trip, the simple conclusion is that the 2024 framework applies, but its most disputed part, easy access to prescriptions via the internet, may change faster than possession limits.

Reversing legalization would be harder than declarations suggest. Removed verdicts would have to be reinstated, permits for associations revoked, and thousands of people ordered to destroy plants grown legally. Reversing a reform that granted rights is a different order of operation than introducing it.

What is Polish law and legal alternatives like by the Vistula?

Poland remains with a prohibition model with one exception: industrial hemp. The boundary is set by Article 4 point 5 of the Act on Counteracting Drug Addiction as amended on March 24, 2022, Dz.U. 2022 item 763, effective May 7, 2022. This definition determines trade.

Industrial hemp are plants in which the sum of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in flower or fruiting tops, from which resin has not been removed, does not exceed 0.3% dry weight.

Three details of this definition decide everything. The sum of THC and its acidic precursor counts, not just delta-9-THC. The sum is rounded to one decimal place. The threshold applies to the plant, not the finished product, so saying dried cannabis with THC below the threshold is a shorthand. Above the threshold, the same material becomes cannabis other than industrial hemp with all criminal consequences.

The status of cannabidiol itself was strengthened by the Court of Justice of the European Union ruling C-663/18 of November 19, 2020, which recognized that CBD obtained from the whole cannabis plant is not a narcotic under the 1961 Convention. The same ruling confirms the thesis above: the allowable THC content refers to the plant, not the final product. Earlier, a critical WHO review from August 2018 stated that cannabidiol does not cause effects indicating abuse potential or addiction in humans and noted lack of evidence for recreational use of pure CBD.

A legal equivalent of the ritual thus exists on the Polish side of the border. Dried cannabis from industrial hemp can be found in the dried cannabis category, and sublingual preparations in the cannabis oils category. Before buying anything, check the batch test result: how to read it is explained in the guide on certificate of analysis.

Medical marijuana remains a separate path, allowed in Poland by the amendment Dz.U. 2017 item 1458, effective November 1, 2017. Dried cannabis is a raw material for compounding medicines, so it is dispensed only on prescription, in pharmacies, from material covered by the permit of the head of the registration office, and reimbursement practically does not occur, so the patient bears the therapy cost. This path is for specific indications managed by a doctor, not an alternative to recreational purchase, and thus differs from what the reform changed in the neighbor country.

Frequently Asked Questions

How much marijuana can you have in Germany?

25 grams outside the place of residence and 50 grams at the place of residence, with the latter being the upper limit of the entire home stock. The age limit is 18 years.

Where in Germany is marijuana smoking prohibited?

In the direct presence of persons under 18, near schools, playgrounds, youth facilities, sports facilities, near cultivation association headquarters, and in pedestrian zones between 7 a.m. and 8 p.m.

When does criminal liability begin in Germany?

Above 30 grams outside the place of residence, above 60 grams total, or with more than three live plants. Below these values but above the legal threshold, the act is a misdemeanor.

What fine applies in the German buffer zone?

Up to 30,000 euros administrative fine for exceeding the possession limit in the misdemeanor range. Other violations of the law are punishable by a fine up to 10,000 euros.

How many plants can you cultivate in Germany?

Up to three live plants simultaneously, for personal use, at the place of residence or usual stay. More than three is a crime, with no intermediate misdemeanor level.

Is a narcotic prescription required for cannabis in Germany?

No. Since 2024, medical cannabis has its own law, separate from the Narcotics Act, so the special prescription form is not needed. Only doctors may prescribe.

Sources

The article is for informational and educational purposes and does not constitute legal advice. The legal status described applies as of the publication date: cannabis regulations may change. Consult a lawyer or current legal acts before making decisions.

Author: Michał Waluk