Cannabis and the Narcotics Act (BtMG) in Germany: The current legal situation explained precisely

As of: March 23, 2026

The blanket statement that cannabis in Germany continues to fall under the Narcotics Act is no longer current in this form. With the Cannabis Act, the handling of cannabis for recreational use has been newly regulated. The core reform entered into force on April 1, 2024; an initial amendment to the Cannabis Act and the Medicinal Cannabis Act followed, taking effect on June 26, 2024. Since then, the legal situation for natural cannabis is no longer primarily governed by the Narcotics Act (BtMG), but above all by the Cannabis Act (KCanG), and for medical purposes by the Medicinal Cannabis Act (MedCanG).

This is precisely why the topic is more legally complex today, but also more clearly structured than before. Anyone working with old BtMG articles will quickly encounter outdated statements regarding possession, personal use, home cultivation, and medical prescriptions. For "cannaseurs," this distinction is particularly important because it determines how seeds, home cultivation, clubs, and medicinal cannabis must be legally classified.

Is cannabis still part of the BtMG today?

For cannabis and non-synthetic THC, the official answer today is: no, generally no longer. The Federal Ministry of Health explicitly clarifies in its FAQs that cannabis and non-synthetic THC are no longer legally classified as narcotics within the meaning of the Narcotics Act. The BfArM (Federal Institute for Drugs and Medical Devices) also describes that as of April 1, 2024, cannabis was removed from the scope of the BtMG and transferred to the MedCanG for medical and medical-scientific purposes.

Historically, the reference to the BtMG is, of course, central. Until the Cannabis Act came into force on April 1, 2024, the handling of cannabis was largely governed by narcotics law. Precisely for this reason, many guides, legal articles, and forum posts still exist today that work with the old logic: small quantities, BtMG exemptions, criminal liability even for small amounts, and no legal home cultivation whatsoever. For the current status, however, this classification is only historically accurate and no longer a complete description of the current legal situation.

However, the reference to the BtMG has not completely disappeared. The BfArM explicitly names nabilone as an example of the fact that certain synthetic cannabinoids continue to be subject to narcotics regulations and must be prescribed on a narcotic prescription. This means: natural cannabis is no longer the classic BtMG case today, but certain synthetic cannabinoids can still be.

What applies today to possession, home cultivation, and distribution

According to the current legal situation, the following applies to adults: Up to 25 grams of dried cannabis may be possessed and carried. At the place of residence or habitual abode, up to 50 grams of dried cannabis are permitted. These quantities apply nationwide and replace the former practical significance of the "small quantity"—which was treated differently from state to state—for adults within the legal scope.

Regarding private home cultivation, the KCanG allows adults who have had a place of residence or habitual abode in Germany for at least six months to cultivate up to three cannabis plants simultaneously for personal consumption. This limit applies per adult person in a household. The frequently read statement that three to five plants are allowed depending on the federal state is incorrect under current federal law.

The legal situation has also fundamentally changed for seeds. Cannabis seeds may be imported from EU member states for the purpose of private home cultivation. The Federal Ministry of Health explicitly notes that purchasing via the internet or by mail order as well as shipping to Germany are permissible. This is precisely one of the most important legal points for the legal seed market in Germany.

Just as important is what is not permitted. The shipment, delivery, and online trade of cannabis remain prohibited. So-called edibles containing THC, such as gummy bears or cookies, also remain prohibited. The current law has therefore not created a general free market for all cannabis products, but a strictly limited legal framework consisting of possession, home cultivation, seeds, and cultivation associations.

Cultivation associations: permitted, but not commercial

Since July 1, 2024, cultivation associations have been allowed to cultivate cannabis collectively and on a non-commercial basis and distribute it to members, but only with official authorization. Merely founding an association is not enough. Clubs may have a maximum of 500 members; members must be of legal age, have lived or habitually resided in Germany for at least six months, and the statutes must provide for a minimum membership of three months.

Distribution in clubs is clearly limited: a maximum of 25 grams per day and 50 grams per month per adult member. For young adults between 18 and 21 years of age, a monthly limit of 30 grams applies; furthermore, the cannabis distributed to this age group must not exceed 10 percent THC. Cannabis may only be distributed in its pure form, i.e., as marijuana or hashish, not mixed with tobacco, nicotine, or food.

Cultivation associations may not sell or give away cannabis like a shop. The Federal Ministry of Health explicitly states that cannabis may only be cultivated by members and distributed exclusively to members for the purpose of personal consumption. The shipment and delivery of cannabis by cultivation associations are prohibited; only cannabis seeds may be shipped or delivered under certain conditions.

Medicinal cannabis: no longer the BtMG standard, but still strictly regulated

Medicinal cannabis is no longer organized via the BtMG as the primary law today, but via the MedCanG. The Federal Ministry of Health explains explicitly that cannabis, as it was previously defined in the annexes of the BtMG, was deleted from the BtMG annexes effective April 1, 2024, and transferred into a separate Medicinal Cannabis Act. This particularly concerns cannabis flowers and standardized extracts for medical purposes.

For patients, it is especially important that: since April 1, 2024, cannabis-based medicines can be prescribed on a regular prescription. The BfArM clarifies that cannabis medicines no longer need to be prescribed on a narcotic prescription. At the same time, the same authority emphasizes that nabilone, as a fully synthetic cannabinoid, continues to be subject to narcotics law and must therefore be prescribed on a narcotic prescription.

A point often misrepresented concerns medical home cultivation. Current law does not contain a general special rule stating "the patient is allowed to cultivate more at home due to medical necessity." Private home cultivation for adults is governed by the KCanG with the general limit of three plants. In contrast, the cultivation of cannabis for medical or medical-scientific purposes in the professional sector requires authorization; the BfArM explicitly refers to the authorization according to § 4 MedCanG and provides corresponding application forms for cultivators, manufacturers, distributors, and scientific institutions.

Consumption, public space, and youth protection

The current situation clearly distinguishes between permitted possession and spatially restricted consumption. Consumption in public is not allowed everywhere. The Ministry of Health specifically mentions the following prohibitions: no consumption in the immediate vicinity of persons under 18 years of age, no consumption in cultivation associations and within their sight, no consumption in pedestrian zones between 7 a.m. and 8 p.m., and no consumption in and within sight of schools, child and youth facilities, children's playgrounds, and publicly accessible sports facilities. According to the Ministry, the "within sight" rule no longer applies at a distance of more than 100 meters.

For minors, the situation remains strict: the acquisition, possession, and cultivation of cannabis remain prohibited. The Ministry of Health also emphasizes that the distribution of cannabis to children and adolescents remains a criminal offense and that cannabis confiscated from minors can be secured, stored, and destroyed. Persons with parental care may also be informed.

Thus, the previous blanket statement "consumption is privately tolerated but formally illegal" is also too blunt for the current legal situation. It is more precise to say: the law allows adults certain forms of possession and home cultivation, but limits the place of consumption and at the same time tightens the protection of children and adolescents as well as the ban on advertising and sponsoring.

Road traffic: cannabis remains particularly sensitive here

In road traffic, a separate and particularly important standard applies. According to § 24a of the Road Traffic Act (StVG), anyone who operates a motor vehicle while having 3.5 ng/ml or more THC in their blood serum is committing an administrative offense. According to the Ministry of Health, the corresponding amendment to the Road Traffic Act entered into force on August 22, 2024. The law also provides for a cannabis ban for novice drivers and a ban on the combined consumption of cannabis and alcohol.

It is also important that driving under the influence of cannabis can be more than just an administrative offense. The Ministry of Health additionally points to the criminal law provisions of §§ 315c and 316 of the German Criminal Code (StGB). The decisive factor is therefore not only the threshold value but also whether driving impairment or danger to others is present. This is precisely why cannabis in road traffic remains one of the most sensitive areas of the entire legal framework.

FAQ – Frequently asked questions about cannabis and the BtMG

Does cannabis still fall under the BtMG in Germany?

For cannabis and non-synthetic THC, generally no longer. Since April 1, 2024, these substances are no longer legally classified as narcotics within the meaning of the BtMG. The current legal framework is primarily governed by the KCanG and the MedCanG.

How much cannabis can you currently legally possess?

Adults are allowed up to 25 grams of dried cannabis to carry and up to 50 grams of dried cannabis at their place of residence or habitual abode.

Is home cultivation legal today?

Yes, but only within narrow limits: Adults with at least six months of residence or habitual abode in Germany may cultivate up to three cannabis plants simultaneously for personal consumption.

Can you legally order cannabis seeds online?

Yes. Cannabis seeds may be imported from EU member states for private home cultivation; purchasing via the internet or by mail order and shipping to Germany are permitted according to the Ministry of Health.

Are there legal cannabis specialty shops for normal sales in Germany?

The current KCanG does not create a general nationwide specialty shop market. The current legal framework works with private home cultivation, seeds, and non-commercial cultivation associations requiring authorization; the shipment, delivery, and online trade of cannabis remain prohibited.

How is medicinal cannabis classified today?

Medicinal cannabis has been regulated via the MedCanG since April 1, 2024, and can generally be prescribed on a normal prescription. An important exception remains nabilone, which continues to be treated under narcotics law.

What applies when driving under the influence of cannabis?

Since August 22, 2024, a legal THC threshold of 3.5 ng/ml in blood serum applies in road traffic. Additionally, special rules apply to novice drivers, as well as a ban on the combined consumption of cannabis and alcohol.

Conclusion

Anyone who still describes cannabis in Germany as a purely BtMG-related topic is working with an outdated legal understanding. The decisive turning point was April 1, 2024: Since then, possession, private home cultivation, seeds, and cultivation associations have been governed primarily by the KCanG, and medical use by the MedCanG. The BtMG no longer plays the leading role it once did for natural cannabis, but it remains relevant for certain synthetic cannabinoids and related special cases. This classification is current as of March 23, 2026.