Nearly two years after the Cannabis Act came into force on April 1, 2024, Federal Criminal Police Office (BKA) President Holger Münch has drawn a sobering conclusion: the illegal cannabis market in Germany continues unchanged—and the law has actually made police work harder in certain areas.
📑 Inhaltsverzeichnis
- Black Market Continues to Profit
- The 25-Gram Problem
- Not an Argument for Reversal
- The Structural Problem Remains Unsolved
- Frequently Asked Questions
- Why is the cannabis black market in Germany still so large despite legalization?
- What are the legal possession limits for cannabis in Germany?
- What is meant by the 25-gram problem?
- Can the Cannabis Act be completely repealed?
- When does the Cannabis Act turn two years old?
- 💬 Fragen? Frag den Hanf-Buddy!
Black Market Continues to Profit
Münch explained that legal home cultivation in cannabis clubs and private production fall far short of meeting actual demand. Criminal networks continue to fill the gap. Notably, alongside traditional supply routes from Spain and Morocco, the BKA now observes increasing quantities of cannabis from the United States and Canada—countries where parts of the cannabis industry are already fully legalized and commercially organized.
This creates a new landscape for law enforcement: not only are black market structures changing, but the geographic origin of smuggled goods is also shifting.
The 25-Gram Problem
A central point of Münch’s criticism focuses on the legal possession limits. When someone can legally carry up to 25 grams in public and possess up to 50 grams at home, police can barely distinguish them from small-time dealers who deliberately operate below these thresholds.
It is difficult to identify small dealers when possessing 25 grams in a pocket and 50 grams at home is legal, Münch emphasized. Cannabis remains a profitable business for criminals—and prosecution of certain offenses reaches new limits.
This so-called 25-gram problem was already a hotly debated topic among legal experts and investigators before legalization. Critics of the draft law had predicted precisely this issue. The fact that the BKA president now publicly names it gives the debate new weight—particularly as the second anniversary of the Cannabis Act approaches.
Not an Argument for Reversal
Münch thus provides new ammunition for political opponents of the Cannabis Act—yet his statement is not a plea for repealing legalization. The BKA chief analyzes the situation as it stands. A complete abolition of the law is considered politically difficult to implement, even under the current union-led government; evaluation reports expected in April 2026 are also likely to recommend adjustments rather than radical policy shifts.
That the black market still exists after two years does not surprise many experts. Similar observations were made in Canada and several U.S. states in the years following their legalization. A regulated market requires time to establish itself—and Germany doesn’t yet have commercial retail points for recreational cannabis. Cannabis Social Clubs are not dispensaries, and home cultivation simply doesn’t suffice for most consumers.
The Structural Problem Remains Unsolved
The real core of the BKA’s criticism is structural: the Cannabis Act liberalized consumption and possession but created no legal supply chain for the mass market. Unlike in Canada or the Netherlands, Germany has no licensed shops where adults can purchase cannabis. Cannabis Social Clubs additionally struggle with massive licensing backlogs—only around 293 licenses have been issued nationwide, with thousands of pending applications.
Anyone who wants to consume legally but doesn’t belong to a club and doesn’t grow their own continues to buy on the black market—simply because there is no alternative. As long as this structural gap exists, the illegal market will profit from it. The path to how legal cannabis truly dries up the black market is known—what’s missing is political implementation.
For the federal government, the BKA assessment is a clear signal: the real work on functioning regulation has not yet begun. The second anniversary of the Cannabis Act on April 1, 2026 thus falls into a phase of political reflection—and Münch’s assessment will likely resonate for some time.
Frequently Asked Questions
Why is the cannabis black market in Germany still so large despite legalization?
The Cannabis Act permits possession and consumption but has not created a functioning legal supply structure. There are no licensed retailers. Anyone who is not a member of a Cannabis Social Club or doesn’t grow their own has no legal source—and therefore continues to buy on the black market.
What are the legal possession limits for cannabis in Germany?
Under the Cannabis Consumption Act, adults aged 18 and over may possess up to 25 grams of cannabis in public spaces and up to 50 grams in their own home. Home cultivation of up to three female plants is also permitted.
What is meant by the 25-gram problem?
The 25-gram problem describes the difficulty for police to distinguish legal possession from illegal small-scale dealing. Since 25 grams in a pocket is legal, small dealers can exploit this exact threshold without immediately breaking the law—which significantly complicates law enforcement.
Can the Cannabis Act be completely repealed?
Complete repeal is considered politically unlikely. Even conservative political forces under Chancellor Merz speak more of tightening and amendments than of complete abolition. The evaluation reports expected in April 2026 will provide the crucial data foundation for this.
When does the Cannabis Act turn two years old?
Sollte Deutschland kommerzielle Cannabis-Läden wie in Kanada zulassen?
The Cannabis Act came into force on April 1, 2024. The second anniversary falls on April 1, 2026—and is used as an occasion for political assessment by both supporters and opponents.
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