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Establishment of Legal Systems Overseeing Marijuana Farming

Over the past four and a half months, a partial legality of cannabis has been implemented in Germany. Nevertheless, cultivation collectives have encountered obstacles from politics and authorities in Berlin until now. This situation is about to shift.

Following several months of confusion, it's now evident which Berlin entity is tasked with enacting cannabis legalization: Based on the Senate Chancellery's statement, the Landesamt für Gesundheit und Soziales (Lageso) will be the one to approve associations aiming to cultivate cannabis. As confirmed by Senate spokeswoman Christine Richter to the German Press Agency, this decision was jointly agreed upon by the Senate Chancellery and the relevant Senate administrations. "The necessary funds will be assigned to Lageso once we've assessed the workload," Richter added.

Initially, a regulation by the Senate Health Administration will serve as a foundation. The Berlin Senate is expected to discuss this at its meeting on September 3rd. Simultaneously, an amendment to the General Competence Act is being pursued as part of an ongoing procedure, Richter explained. Such legislative changes require approval from the House of Representatives.

Cannabis legalization entered into force on April 1st. Since then, possessing specific quantities of cannabis, private cultivation, and public consumption have been permitted for individuals aged 18 and above under certain circumstances. A maximum of 25 grams can be carried in public, and no more than 50 grams can be stored at home. Up to three plants may reside in the living area. As of July 1st, cannabis clubs have been able to lodge applications for approval, though none have received a response in Berlin as yet.

This delay stemmed from the fact that, in the four and a half months following the federal law's implementation, it was uncertain whom to approach with applications within the city. Lengthy deliberations happened at all levels to determine whether responsibilities fell to the districts or the state level. Consequently, cannabis associations mainly submitted applications to the districts. However, these applications were not tentatively processed, as the heads of the district public order offices agreed to accept them but then put them on hold due to the lack of adequate competence regulation.

The Landesamt für Gesundheit und Soziales (Lageso), responsible for approving cannabis cultivation associations in Berlin, is funded by the necessary funds assigned by Senate spokeswoman Christine Richter once the workload has been assessed. Despite cannabis clubs in Berlin being able to apply for approval since July 1st, none have received a response yet.

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