BackPilot programmes for the sale of cannabis in Germany

An important part of the German model for the legalisation of cannabis for adult use is the introduction of regional pilot trials for the commercial sale of the plant. The country has taken a step forward in implementing this programme by announcing that the Federal Office for Agriculture and Food will help oversee cannabis research projects, some of which will include pilot trials. Here we explain the details of this programme and its current status.

 

Germany passed the first provisions of the CanG Cannabis Act on 1 April 2024, allowing adults to grow up to three plants in their private homes and own a certain amount of cannabis for personal use both inside and outside their homes. As of 1 July 2024, citizens can also apply for membership in a private cannabis club. Cultivation, and possession and consumption at home, in collaboration with the growing communities, was part of the "Pillar 1" of the German CanG law. Another important part of the German legalisation model is what is known as "Pillar 2", which includes the introduction of regional pilot trials for cannabis sales. The country has also taken a step forward in the implementation of these pilot tests, by announcing at the end of last year that the Federal Office for Agriculture and Food will help to monitor these programmes, focusing on research to guide the development of a regulated trading market to help pave the way for wider implementation in compliance with EU laws.

 

 

These programmes cover around 25 German cities, as well as two Berlin districts: Friedrichshain-Kreuzberg and Neukölln. They allow registered participants to legally purchase regulated cannabis products at authorised outlets. By testing various cannabis distribution and consumption models in a controlled environment, the government aims to assess the impact of the programme on public health, to help reduce reliance on the black market and to offer safer alternatives. It also seeks to generate data on job creation, tax revenue, and the potential for a regulated industry, as well as addressing the disproportionate criminalisation of the communities that have been marginalised under previous prohibition laws. To do so, each city will tailor its own pilot project so that it is adapted to local needs, creating a decentralised system that reflects Germany’s commitment to evidence-based policy making. In Berlin, for instance, it is planned that customers who want to buy cannabis from the summer of 2025 must be registered in one of the two districts and regularly participate in scientific surveys. The study will last five years, during which time participants will be able to legally buy cannabis flowers and other products containing tetrahydrocannabinol (THC) in specialised shops built especially for this purpose. As regulated by the Cannabis Act, participants will be allowed to purchase a maximum of 50 grams of cannabis per month, with a maximum of 25 grams per purchase. The transfer of purchased products to third parties is strictly prohibited and will result in exclusion from the study, which is complemented by a control group formed by members of a local cannabis social club. The sale will be organised by a company that buys cannabis from legal producers in Germany or abroad. The price should be equal to that on the illegal market (i.e., between 9 and 12 euros per gram); but, at the same time, the quality of the cannabis will be significantly better. This urgency to curb the illegal cannabis market to protect the health of consumers has been highlighted in a recent laboratory analysis of black market cannabis in 30 German cities, including Berlin. Samples revealed that more than two thirds of the cannabis tested contained traces of toxic pesticides, whereas about one third was mixed with substances such as hair spray. Traces of other drugs, such as cocaine and MDMA, were also detected. These findings underscore the critical need for clean cannabis in commercial supply chains, such as those enabled by the pilot projects. The commercial sales programme will now assess whether licensed cannabis dispensaries can be a viable path to this goal.

 

Germany’s Federal Ministry for Food and Agriculture (BMEL) announced at the end of last year that it had officially signed the ordinance to become the regulatory authority for model projects in the country. The new legislation also allows German municipalities, universities, and cannabis companies to apply for licenses for cannabis pilot programmes. However, even though the BMEL announcement seems to clear the way for the growing list of these groups to launch model research projects on cannabis, this "important step" comes with certain limitations. Despite all the expectations, the BMEL clarified that its regulatory role is separate from the much-anticipated second pillar of the CanG law. As indicated in the key point document, Pillar 2 would test "specialist shops throughout the country through a comprehensive and detailed law", which is apparently still being drafted by the Ministry of Health, which also remains responsible for the approval of research projects for medical cannabis. This development opens the door to a model very similar to that of the Netherlands or Switzerland, where smaller individual studies on cannabis and industrial hemp may be conducted. Therefore, “This is not the ‘second pillar’ of the legalisation roadmap in Germany. The ‘second pillar’ aims to test cannabis shops across the country through a comprehensive and detailed law. And the Federal Ministry of Health is responsible for drafting this bill", said the German authorities in a recently published FAQ page.

 

 

It is also unclear how long the programme put in place by the ruling Social Democratic Party and its allies will last. Germany will hold federal elections on 23 February, and the conservative Christian Democratic Union (CDU) is expected to win, in collaboration with other ultranationalist forces, such as Alternative for Germany (AfD). These anti-cannabis parties have a certain advantage in the polls, so there’s growing speculation that this measure could be repealed by the incoming government, which increases pressure to launch these pilot projects as soon as possible – if a company or institution obtains approval for its licence before a possible law reform comes into effect, these licences would in theory remain in force, with the new government unable to cancel them. Observers from the German cannabis industry are divided over whether the CDU would reverse, remove, or leave recent marijuana reforms intact should they win the elections. Although the alliance between the CDU and the Christian Social Union (CSU) is ahead in the polls, it will probably need a coalition with one of the traffic light parties: the Social Democratic Party, the Free Democratic Party, or the Greens. And it is true that there could be changes that will have an impact on the current regulations, which are already extremely limited, but the medical market is expected to remain in line and advance without interruptions. In short, Germany’s cannabis pilot programme represents a turning point in cannabis reform in Europe. By balancing public health, economic potential, and regulatory compliance, it sets a high standard for evidence-based policy making. And this is a unique opportunity for cannabis companies to interact with a thriving market that is ready for growth. Industry players should be alert and prepared to take advantage of the opportunities offered by Germany, which is leading cannabis reform in this regard. But, at the end of the day, everything will come down to a question of the struggle between political powers, so we will have to be very attentive to the configuration of the Bundestag as of 23 February.