Deutsche Fassung: Cannabis KCanG (Haschisch oder Marihuana)
Cannabis in Germany: What Is Legal for Tourists and Expats?
„Weed is legal in Germany now“ – many visitors and expats believe this, and many end up with a fine or even a criminal case. A joint in a beer garden, a few grams brought from Amsterdam, a drive the morning after: the cannabis rules in Germany are more complicated than the headlines suggest. It is not right that a misunderstanding about foreign law should turn into a criminal record. This article explains what adults may do under the Cannabis Act, where the limits are and what to do if the police stop you.
Is cannabis legal in Germany for tourists?
Partly. Since April 2024, adults may possess up to 25 grams in public and up to 50 grams and three plants at their home (§ 3 KCanG). The age limit is 18. The rules apply to everyone in Germany, regardless of nationality. What the law does not provide, however, is a legal way for tourists to buy cannabis.
Where can you buy cannabis legally in Germany?
Hardly anywhere as a visitor. There are no coffee shops. Non-profit cannabis clubs may only supply their members, and membership requires living in Germany for at least six months. Buying small amounts on the street is not a criminal offence for the buyer as long as you stay below 25 grams per day and 50 grams per month. Selling, however, remains a serious crime – and street cannabis is often contaminated.
Adults may carry up to 25 grams of cannabis in Germany – but there is no legal way for tourists to buy it.
Can you bring cannabis into Germany?
No. Bringing cannabis across the border is a criminal offence, even a small amount from a country where it is legal, such as the Netherlands (§ 34 KCanG). The penalty ranges up to three years in prison or a fine. Customs checks at airports, train stations and border crossings regularly lead to such cases, which often end with a penalty order.
Where is cannabis consumption banned in Germany and Bavaria?
Consumption is banned near schools, playgrounds, children’s and youth facilities and sports grounds, in pedestrian zones during the day and in the presence of minors (§ 5 KCanG). Bavaria has added further bans, for example at folk festivals such as Oktoberfest, in beer gardens and in certain parks. Violations are usually punished with fines, which Bavaria sets at a high level.
| Situation | Provision | Legal consequence |
|---|---|---|
| Up to 25 g in public (adults) | § 3 KCanG | Allowed |
| More than 25 g and up to 30 g in public | § 36 KCanG | Administrative fine |
| More than 30 g in public or more than 60 g at home | § 34 KCanG | Criminal offence: fine or up to 3 years |
| Bringing cannabis into Germany – any amount | § 34 KCanG | Criminal offence: fine or up to 3 years |
| Smoking in a banned zone | §§ 5, 36 KCanG | Administrative fine |
Are HHC and other cannabis products covered by the new rules?
No. Semi-synthetic cannabinoids such as HHC are not cannabis in the legal sense. They are banned substances, and possession can be a criminal offence under the drug laws. The same applies to synthetic cannabinoids sold as „legal highs“. For cocaine, MDMA and other drugs, the old strict rules apply unchanged – see our article on cocaine and MDMA possession in Germany.
Can you drive after using cannabis in Germany?
Only if your blood contains less than 3.5 ng/ml THC. Above that, you commit an administrative offence, usually punished with a fine and a one-month driving ban (§ 24a StVG). Drivers under 21 and novice drivers must not drive under the influence of cannabis at all. Combining cannabis and alcohol is punished more severely. A driving ban also applies to foreign licences on German roads.
THC can be detected in the blood long after the effect has worn off – the 3.5 ng/ml limit applies regardless of how you feel.
What if you live in Germany and have a German driving licence?
For expats, cannabis cases can reach further than the fine. If the authorities doubt that you separate cannabis use and driving, the driving licence authority may order a medical-psychological assessment. This can happen even after a single THC drive. Answering questions about your consumption habits is therefore risky – every sentence can end up in the licence file.
How can I help you with a cannabis case in Germany?
Drug law is one of my core areas as a specialist criminal lawyer in Munich. I request access to the file, check whether the quantity was weighed correctly and whether the search was lawful – in English. Until then: say nothing about where the cannabis came from or how often you use it. The goal, at best, is that your case is dropped and your stay in Germany does not end with a record.
What are the defence lawyer’s final tips?
Defence lawyer’s tip 1: The earlier you involve a lawyer and the earlier they can steer the case, the better the results that can usually be achieved in your investigation or criminal proceedings.
Defence lawyer’s tip 2: Always make use of your right to remain silent! It is one of your most important rights as a suspect. You do not have to incriminate yourself. Do not make any statement about the allegations. Do not attend a police summons for questioning either – contact a lawyer specialising in criminal law first.
Please do not talk to the police – talk to me!
Next steps:
- Contact me at +49 89 228433-55.
- You receive an appointment within 48 hours.
- We discuss your case, including an assessment of your prospects.
- Once instructed, I request access to the case file.
- As soon as the file is available, we plan our strategy together.
