Drugs - Cannabis cultivation associations can start - but how?
For the past three months, it has been legal for adults in Germany to grow cannabis for personal consumption - with numerous restrictions and requirements, including the allowance of cannabis cultivation in a private residence, but only up to a maximum of three plants. As of Monday, associations can now also get started, which want to produce larger quantities. However, there are also regulations for these, and interested parties must first submit administrative applications and other preparations. It may still take several weeks until planting, harvesting, and the first joints can be rolled.
The controversial law, which permits possession and cultivation of the drug for personal use, has been in effect since April 1st. The stated goal is to push back the criminal black market, where cannabis is sold with additives and high concentrations. Federal Health Minister Karl Lauterbach (SPD) argues that then there will be enough legal stock - the future supply can also come from special cultivation facilities.
What exactly are cultivation associations?
Now allowed are "cultivation associations," as they are officially called. That is, something like clubs for adults, in which up to 500 members can non-commercially cultivate cannabis and give it to each other for personal use. They must be registered as associations or cooperatives - foundations or companies are not allowed. According to the law, they are also allowed to distribute cannabis seeds and cuttings and to provide prevention information.
What are the requirements?
Members must have lived in Germany for at least six months, and membership must last for a minimum of three months. This is to prevent drug tourism, according to the ministry. The board members may not have been convicted of drug offenses. The cultivation area may not be a residential building and may not have conspicuous signs. Advertising is prohibited, as is cannabis consumption on the premises and within 100 meters of the entrance. A distance of at least 200 meters must be maintained from schools, playgrounds, and other child and youth institutions.
What can associations do now?
Associations can now apply for official permits. They must provide information on the membership size, location, and size of cultivation areas, expected cannabis annual yields, security measures, and a health and youth protection concept. The permit is then valid for seven years, and it can be extended for another five years. Applicants should calculate with a processing time of three months, as stated in several countries.
Where can associations submit applications?
The German Association of Cities lamented that only a few days before the start, it was still not clear everywhere who was responsible for approvals and controls. The states are now responsible for this, and there are now various places for applications - from the Chamber of Agriculture in Lower Saxony to the Government Presidium in Freiburg for the entire Baden-Württemberg to the Ministry for Social Affairs, Youth, and Care in Rhineland-Palatinate. In Berlin, there is still no regulation. The "fallback competence" lies initially with the districts, as stated in the Senate. It was initially unclear which administrative office in the districts was responsible.
The quantities are limited. Each member can only have a maximum of 25 grams per day and 50 grams per month. For 18-21 year-olds, a monthly allowance of 30 grams with a maximum of ten percent Tetrahydrocannabinol (THC) is permitted, which is the psychoactive substance. The associations are not allowed to cultivate an unlimited amount. The permission is for fixed annual quantities that are based on the needs of the members. More must be destroyed. Only members are allowed to cultivate, water, fertilize - no paid employees. Members are not allowed to give cannabis to others, only seeds are permitted.
What are the other requirements?
To obtain cannabis, one must personally receive it on site and present the membership card and an official ID with a photo. Only cannabis in its pure form is allowed: as dried flowers and flowering leaves (Marihuana) or separated resin (Hashish). Mixtures with tobacco, nicotine or food are prohibited. The packaging must be neutral. On a label, information such as weight, strain, average THC content and warnings about the consumption risks must be listed. No purchase price may be charged, the associations must finance themselves through their membership fees. Regulations for documentation obligations for the associations and regular official controls are also regulated.
Will there be many cannabis growing associations?
The demand will now have to be shown. Federal Drug Commissioner Burkhard Blienert (SPD) spoke of "high interest" in clubs that were in the process of being founded. According to his statements, at least a high three-digit number of associations could emerge. The Health Ministry based a cost estimate in the bill on the assumption that 1000 associations could form in the first year and 500 in the second to fifth year.
What happens next?
At the request of the states, the Federal Government has sharpened some regulations to prevent larger cannabis plantations from emerging. The states can also use the option given in the law to limit the number of cannabis associations in a district or a city to one association per 6000 inhabitants. A final law with cannabis regulations for drivers and drivers' licenses is expected to be approved by the Bundesrat on July 5. For THC at the wheel, a future limit of 3.5 nanograms per milliliter of blood is to apply - similar to the 0.5 promille limit for alcohol. The law with penalties for violations could come into force still in the summer.
- The new cultivation associations, such as the one in Berlin, will allow up to 500 members to grow cannabis for personal use, following the recent changes in German law.
- SPD politician Karl Lauterbach, the Federal Health Minister, believes that these associations will help reduce the reliance on the criminal black market for cannabis, as they will provide a legal source of the plant.
- To join a cultivation association, individuals must meet various requirements, including having lived in Germany for at least six months and maintaining membership for a minimum of three months.
- Despite the establishment of these associations, there are still strict regulations in place, such as the prohibition of advertising and cannabis consumption on the premises, and the requirement for a security plan and health and youth protection concept.
