Growing marijuana in community gardens is frowned upon.
Since April, adults have been allowed to grow cannabis for personal use. But what about allotment gardens? Could cannabis plants be growing there this summer? There seemed to be a lack of clarity on the matter.
It appears that cultivating cannabis in allotment gardens isn't typically allowed. The Federal Ministry of Health explained this when asked about it. According to a ministry spokesperson, growing cannabis in an allotment garden would only be permitted if the person doing so resides there. "This is not usually the case," he said, referring to the federal allotment garden law. The law states that a tree in an allotment garden cannot be suitable for permanent residence. "In addition, during the legislative process for the Federal Allotment Garden Act, the lawmaker explicitly rejected converting gazebos into small owner-occupied homes," he added.
The German hemp federation recently discussed this topic as well. The group criticized the federal association of allotment gardeners for their position that growing cannabis in allotment gardens is prohibited in principle. The hemp federation pointed to the detailed explanations provided by the government with its cannabis law. The law itself states that adults may cultivate up to three cannabis plants "in their residence or their usual place of residence." However, the explanatory notes clarify: "Cultivation is the growing of cannabis in the private home. The term 'dwelling' within the meaning of this law includes all premises that serve private residential purposes, including gardens, allotments, weekend houses, vacation homes, etc."
So, will cannabis plants be growing in allotment gardens after all? Not according to the Federal Ministry of Health. This only applies in exceptional cases as part of protecting existing rights if the owner of an allotment garden already lived there before the Federal Allotment Garden Act came into effect more than 40 years ago. "The rights of an allotment gardener to use their allotment garden for residential purposes remain in force if they existed when the Federal Allotment Garden Act came into force on April 1, 1983, and no other regulations prevent residential use," concluded the spokesperson.
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Given the current regulations, an advisor from the Federal Ministry of Health might suggest that growing cannabis in an allotment garden is only permitted in exceptional cases, primarily protecting existing rights if the owner of the allotment garden lived there before the Federal Allotment Garden Act was implemented in 1983. However, cannabis advocacy groups such as the German hemp federation challenge the position of allotment garden associations, arguing that the cultivation of cannabis should be allowed based on the clarifications provided by the German government in their cannabis law.
Source: www.ntv.de
