Legality of cannabis recreational possession, by state in Germany



Possession (not to be confused with consumption) of recreational cannabis is illegal in Germany. Consumption is not a criminal offence. However, possessing cannabis without having written authorisation is an offence as stated by the BtMG and can lead to up to five years in prison. The public prosecutor may, on the strength of section 31a of the BtMG, refrain from prosecution even without the consent of the court, if 1) he or she considers the offender's guilt to be minor, and 2) if there is no public interest in the offence and the narcotics were only intended for the offender's own use in small quantities. The definition of ‘small quantity’ varies according to each region. With regard to further legislation, there is a well-established advocacy community in Germany, accompanied by a strong research environment

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