Drug arrest in Germany: cannabis left the narcotics act in 2024
On 1 April 2024 Germany removed cannabis from the narcotics act and gave it a statute of its own. Everything else — cocaine, MDMA, amphetamines, heroin — stayed under the BtMG and nothing about it changed. For visitors the new regime is far narrower than the headlines suggested, and it contains traps that did not exist before.
Two statutes now, not one
| Substance | Statute | Position |
|---|---|---|
| Cannabis | KCanG, in force since 1 April 2024 | Permitted within thresholds, criminal above them |
| Everything else | BtMG, unchanged | Possession is an offence |
| Public possession of cannabis | Up to 25 grams | For adults |
| At the residence | Up to 50 grams | Habitual residence or home |
| Cultivation | Up to three living plants | Per person, in private premises |
| Criminal threshold | More than 30 grams away from home, or 60 grams in total | Or more than three plants |
| Between 50 and 60 grams | An administrative offence | Not criminal |
What a visitor actually can and cannot do
The law does not require German residence to possess up to 25 grams. But it created no lawful way for a visitor to obtain any: the cultivation associations require at least six months of habitual residence in Germany before applying for membership, and there are no shops. So the possession is permitted and the acquisition is not.
- You cannot join or buy from a club, and there is no visitor exception.
- You cannot bring cannabis into Germany or take it out. Private cross-border transport is a criminal offence in both directions.
- Acquisition thresholds apply — more than 25 grams in a day or 50 in a month is criminal even where the cannabis came from the illegal market.
- Consumption is restricted by place: not within 100 metres of schools, playgrounds and youth facilities, and not in pedestrian zones during daytime hours.
- CBD products below the THC limit are sold openly and lawfully.
Two traps the courts have already confirmed
Harvesting. Growing three plants is permitted, but harvesting them counts as production under the statute, and production is criminal without a free-quantity bracket. The text of the law and its purpose pull in opposite directions here, and the case law is developing.
Throwing it away. A court has held that discarding cannabis while being approached by police can be treated as an attempt at putting it into circulation — a more serious offence than the possession would have been, even where the quantity was within the permitted bracket. Panic makes it worse, not better.
Everything that is not cannabis
The BtMG is unchanged and it is severe. Possession is an offence; the prosecutor has a discretion to discontinue in cases involving a small quantity for personal use, and that discretion is exercised differently from one federal state to another. Above the threshold the code calls a not insignificant quantity, the brackets rise steeply.
Bavaria applies the strictest practice in the country, which is why the same amount produces different outcomes in Munich and in Berlin — the point is developed in the guide for Munich.
The driving limit is separate
A THC limit for driving was introduced alongside the reform and it is low. Cannabis being lawful to possess does not make driving after use lawful, and the two questions are decided under different rules.
If there is an Italian end to the case
Carrying anything across a border is an export at one end and an importation at the other, and importation into Italy is treated far more seriously than possession — the framework is in the guide on drug charges in Italy. Where the matter has grown into an association charge, the arguments are in the guide on trafficking association charges.
Frequently asked questions
Is cannabis legal in Germany?
It was removed from the narcotics act in April 2024 and given its own statute. Adults may possess 25 grams in public and 50 at home, and grow three plants — above those figures it is criminal again.
Can I buy cannabis as a tourist?
No. Cultivation associations require at least six months of habitual residence before applying for membership, and there are no shops. Possession is permitted; acquisition is not.
Can I bring it in from the Netherlands?
No. Private cross-border transport is a criminal offence in both directions, whatever the law is on either side.
What about cocaine or MDMA?
Nothing changed. They remain under the BtMG, possession is an offence, and the brackets above the not insignificant quantity threshold are severe.
If this is happening now
Only a lawyer admitted in Germany can appear before its courts; the Italian side covers the rest. First contact is free and covered by professional privilege, at any hour.