Germany overtakes Switzerland: partial decriminalization

Well, who would have thought it: Germany is faster than Switzerland. However, only a small step has been taken away from the grand plans with sales outlets and proper legalization: The decriminalization of consumption and (limited) home cultivation.

Since April 2024, people in Germany have been able to walk around with 25 grams of cannabis without worrying and are also allowed to consume it with certain restrictions. This means that Germany has overtaken Switzerland in terms of cannabis. Reason enough to take a closer look. However, we don't want to discuss all facets of the legislation, but rather focus on the question of what this means for people who are resident in Switzerland.

The basis for this text is the legislative resolution of the German Bundestag “Act on the controlled use of cannabis and amending other regulations” of March 27, 2024, which can be found at Cannabis Act - CanG

The law is complex and very restrictive in many areas. This is why we can speak of a kind of decriminalization or partial legalization rather than a true legalization. According to the federal government, the law aims to strengthen education and prevention, curb the illegal market for cannabis and improve the protection of children and young people. The caution is not without reason.

It is well known that Germany has a long tradition of dealing with alcohol. The liberal attitude and social acceptance towards this popular drug is a problem. Even if cannabis cannot be compared with alcohol in many respects, experts and politicians are probably taking too restrictive rather than too liberal an approach this time.

There are some very strange peculiarities of this law. For example, possession and consumption are permitted from the outset, but for most people there will only be the black market to obtain supplies for a long time. Only when the first harvests have been harvested and the growers' associations have been founded and legitimized will the many people who are now using the black market be able to obtain cannabis legally. Private individuals who are already growing and are now finding their way out of illegality are probably an exception. And even they are probably not happy about the three little plants, perhaps six together with a partner.

The next few months will show whether the concept works.

It fits in perfectly with the restrictive line that cannabis tourism should be prevented as far as possible. In order to achieve this, the law is designed in such a way that the intentional transfer to persons who do not have a permanent residence in Germany is punishable by law.

Cannabis from private home cultivation may generally not be passed on to third parties. Only persons who are resident in Germany may become members of a cultivation association. In addition, members may not pass on cannabis to non-members.

This makes it clear that tourism is hardly possible. However, it also shows the first weaknesses of the law. Although the passing on of small quantities in a private context is prohibited, it can neither be controlled nor effectively prevented. How the police and judiciary deal with this challenge remains to be seen.

If you visit friends or relatives in Germany and receive cannabis from them, they are in any case liable to prosecution.

So anyone making a trip to Germany could now come up with the idea of simply taking weed with them. But unfortunately this is not possible, because although possession and consumption would be legal, import is not permitted, i.e. transportation across the border to Germany. It remains to be seen to what extent this regulation will also apply to small quantities in reality.

In any case, a technical report has been published on the website of the German Directorate General of Customs, which makes it unmistakably clear that imports will continue to be strictly prosecuted: Customs therefore expressly warns consumers not to import cannabis purchased abroad into Germany in order to avoid criminal consequences. German customs website, April 1, 2024: “In contrast, the import, export and transit of cannabis remains prohibited and is punishable by law. In particular, the import of up to 25 grams of cannabis for personal consumption from abroad remains prohibited and punishable.” However, export to Switzerland is also not permitted by Germany.

On the Swiss side, cannabis is also confiscated and prosecuted (unless it is less than 10 grams for personal use). The rules changed in 2023 with the Federal Supreme Court ruling, which not only defined possession of such a small quantity as not punishable, but also as not confiscatable. Customs confirmed to nau.ch in April 2024 that this was also their view.

There are unlikely to be any tourist hotspots in Germany that stand out for their particularly liberal approach. That's why you shouldn't plan a trip to the north just because of the grass.

However, guests who have the opportunity to obtain cannabis within Germany (albeit illegally) will probably only have to justify themselves if there is a reason to do so. Anyone who remains decent and observes the other laws and distance regulations will hardly have any more problems than anyone else.

Finally, it should be mentioned that, as in Switzerland, not everything that is passed as a law is applied overnight. The Swiss Narcotics Act is a prime example of this: it took ten years and three federal court rulings before most public prosecutors' offices in Switzerland no longer penalized possession of a small quantity, as the law had already stated years earlier. So it should come as no surprise if a repressive climate continues to prevail in certain regions of Germany for a long time to come.