The dawn of recreational cannabis in Germany and the medical horizon in Spain

Legalisation of recreational cannabis in Germany: a change that is making history

On 23rd February, the German Parliament approved a law allowing the recreational use of cannabis in the country. This is a new legal framework that represents an innovative scenario for conservative Europe, where the prevailing model only permits medical use.

With this step forward, Germany joins a long list of states and countries that have already fully legalised cannabis using different systems.

A progressive law focused on improving public health

Following a long wait after the presentation of the bill in 2023, everything now points to Germany giving the go ahead to start on 1st April this year. This is a new law that many consider a milestone in drug policy, aimed at promoting a shift in public opinion towards a more open and tolerant view on the use of cannabis.

The new legal model for the recreational use of cannabis allows citizens over 18 years of age to possess up to 50 grams for personal use (or 25 grams if they are out in public).

In addition, the self-cultivation of up to three plants for personal use will also be legal. This measure recognises the right of users to produce their own cannabis without needing to rely on third parties. As for the distribution of cannabis, this will be done through a system of clubs to help facilitate safe and regulated access, thereby reducing the risks associated with the illicit market.

Clubs will operate under the regulations set out in the Government's plan, aimed at providing a space in which transparency and education about the risks associated with cannabis use will be paramount.

What restrictions are included in the new legal framework for recreational cannabis in Germany?

The implementation of the new law will be accompanied by measures for the prevention of cannabis abuse. To this end, the Minister of Health Karl Lauterbach has announced that the clubs will be restricted to a maximum of 500 members, who will receive a proportion of the cannabis flowers from the crops grown for this purpose.

These clubs will not have any commercial activity, and members will not be permitted to consume cannabis in their premises. As far as restrictions for users are concerned, it will be necessary to be of legal age to access recreational cannabis, and its use will not be allowed near schools or in pedestrian areas after 7 pm.

With this legislation, Lauterbach has made it clear that the aims of the new law are to eradicate the black market and the associated criminality, as well as to reduce health risks, especially for younger people.

Will Germany set a trend?

After this news, two questions are left floating in the air: Will the German Government be able to implement this model correctly? And will all the other European countries follow suit?

It is no secret that Germany has led the way in terms of cannabis policy: After legalising medical cannabis in 2017, other countries with strong prohibitionist laws (such as Italy or France) followed its example.

However, the success of this model will lie in the ability of the Government to implement these measures, so that a transparent and fair system is truly established. And in addition to all of this, Germany has opted for a legal framework that recognises the rights of growers to produce their own cannabis for self-consumption…

A measure that not all States (both within Europe and beyond) seem to agree with. The million-dollar question is whether their European neighbours will adopt this policy or choose the production model through corporate licenses that prohibits self-cultivation.

A legal system for cannabis for medicinal purposes has yet to flourish in Spain

While there have been significant changes in the legal frameworks of several countries and states of the world in recent years, Spain still faces a tortuous path towards the legalisation of medical cannabis.

Having said that, cannabis regularisation seems to be a reality that's closer than ever in the country, thanks to a legal process that began in 2022, when a subcommittee presented the proposal for the new law on cannabis for medicinal use.

After a long wait, a first step was taken in this direction in January 2024, when the Spanish Minister of Health Monica Garcia declared her intention to legalise medical cannabis by the end of this year.

This news represents a ray of hope for patients and activist organisations who have been fighting for decades for the right to safe access to cannabis treatments.

The frustration of patients has grown significantly in recent years, as they've had to face the paradox of an exponential growth in the production of legal cannabis in Spain (destined for other countries where it is legal) while they have had no access to it within the country.

And thanks to the increase in the number of licenses for cannabis production that have been granted in recent years, Spain has become the seventh largest producer at global level.

What will the new medical cannabis law in Spain be like?

The roadmap for legalisation will be based on the draft submitted by the Spanish Agency of Medicines and Medical Devices (AEMPS) and will also consider the conclusions of the report presented by the subcommittee in 2022.

The details of this new model are yet to be defined. However, it appears that the new legal framework only contemplates access through hospital pharmacies with a prescription.

Treatments would be aimed at specific conditions, including chronic pain and diseases like epilepsy or multiple sclerosis; and would also be used for the relief of the side effects of chemotherapy.

There is no doubt that we're facing a global paradigm shift in which scientific research is becoming increasingly relevant. Based on this, cannabis policies are being adapted with the aim of striking a balance between potential therapeutic benefits and risk reduction. The common objective appears to be the focus on public health and safety. Therefore, after the so-called "war on drugs" has failed, the impact of these new, more progressive measures will need to be assessed.