Germany’s Cannabis Act Retroactively Reconsiders: Ensuring Compliance with EU Law and Station Consumption Restrictions

The German government is considering tightening the Cannabis Act retroactively. A draft law published by the Augsburger Allgemeine aims to prevent the establishment of commercial structures during cultivation, particularly by Anbauvereine operating plantations in the same place or building. Despite approval, smoking cannabis at train stations and platforms in Germany will still be prohibited in the future.

The new draft law also targets additional business models around cannabis cultivation. Growing associations will be prohibited from commissioning a single provider to provide multiple services to prevent specialization in package solutions for cannabis cultivation. This move aims to prevent conflicts with EU law that could threaten large, commercially used plantations by giving authorities more authority to take action against rule violations.

Since April 1st, Germany has had a law for the partial legalization of cannabis, allowing possession and controlled cultivation for private use with restrictions. Consumption in public spaces is permitted to a limited extent but prohibited in the immediate presence of minors, near schools, daycare centers, and sports facilities. Despite the general release, Deutsche Bahn (DB) prohibits smoking cannabis at train stations and platforms to protect travelers, especially children and young people.

However, consumption for medical reasons remains permitted under this new draft law. The adjustments to the house rules prohibiting cannabis consumption at train stations will be completed in four weeks, with the ban taking effect from June 1st. This ban does not affect the consumption of cannabis for medical reasons, which was already permitted before legalization.

Overall, this new draft law seeks to address concerns about potential conflicts with EU law while also maintaining restrictions on public consumption of cannabis in certain places.