On 16 August, 2023, the federal cabinet approved a draft law on the partial legalization of cannabis, previously published by the Federal Ministry of Health.

Content of the draft law includes, among other things:

• the decriminalization of cannabis possession of up to 25 grams per person,
• the legalization of individual self-cultivation of up to three cannabis plants as well as
• communal self-cultivation within the framework of so-called cultivation associations, each of which may have up to 500 members.

Commercial cultivation and distribution of cannabis are explicitly prohibited.

The current version of the "CanG" also provides for comprehensive amendments to narcotics law, criminal law, pharmaceutical law and road traffic law. Due to the deletion of cannabis and THC from the BtMG, a restructuring of the medical cannabis law is necessary. For the medical cannabis industry, this means that some formal changes may have to be taken into account with regard to the permits required for import, distribution, etc. as soon as the law comes into force. We will be happy to advise you on this as soon as more concrete information is available. As far as the content is concerned, nothing will change according to the current version of the law; for example, the relevant regulations of the new "MedCanG", should it be passed in the form in which it is, will be based on the current regulations of the BtMG.

Following the cabinet decision, the law still has to be discussed in the Bundestag and possibly in the Bundesrat. The ministry expects it to enter into force by the end of the year 2023. Whether this timeframe can realistically be met depends largely on whether the law requires approval in the Bundesrat. However, according to the current version of the CanG, this does not appear to be the case; this is also confirmed by the Ministry of Health.