How legal cannabis clubs should work
Since April, Kiffing is legal in Germany for adults. Now, clubs can also get started, where adults want to produce larger quantities. However, there are also regulations.
For three months, Kiffing has been legal in Germany for adults - with numerous restrictions and requirements, which also allow cannabis cultivation in a private home, limited to a maximum of three plants. From Monday on, associations can now get started, which want to produce in larger quantities. However, there are also regulations, and interested parties must first submit administrative applications and some other preparations. It will still take several weeks until planting, harvesting, and the first joints can be rolled.
The controversial law, which allows possession and cultivation of the drug for personal use, has been in effect since April 1. The declared goal is to push back the criminal black market, where cannabis is traded with additives and high concentrations. Federal Health Minister Karl Lauterbach argues that there will then 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. In other words, something like clubs for adults, in which up to 500 members can cultivate cannabis non-commercially 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 information on addiction prevention.
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. The Ministry aims to prevent drug tourism with this. 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 facilities.
What can associations do now?
Associations can now apply for official permits. They must provide information on the number of members, location and size of cultivation areas, expected cannabis annual yields, safety 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. When submitting applications, three months should be calculated for processing, as stated from several countries.
Where can associations submit applications?
The German City Conference lamented that it was only a few days before the start and it was not yet clear everywhere who was responsible for approvals and controls. The states are supposed to determine this, and there are now various places for applications - from the Chamber of Agriculture in Lower Saxony to the Government Presidium in Freiburg for all of Baden-Württemberg, to the Social Affairs, Youth and Care Office in Rhineland-Palatinate. In Berlin, there is still no regulation in place. The "fallback responsibility" lies with the districts, as stated in the Senate. Which department in the districts is responsible was initially unclear.
How much cannabis will members receive?
The quantities are limited. At most, each member can have 25 grams per day and 50 grams per month. For 18-21-year-olds, monthly allowances of 30 grams with a maximum of ten percent Tetrahydrocannabinol (THC) are allowed, which is the substance with the psychoactive effect. The clubs may not simply grow as much as they want. The permit is for fixed annual quantities that are based on the needs of the members. More must be destroyed. Only members may cultivate, water, fertilize - no paid employees. Members may not give cannabis to others, only seeds are allowed.
What are the other requirements?
To obtain cannabis, one must personally receive it on site, 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 (marijuana) or separated resin (hashish). Mixtures with tobacco, nicotine or food are prohibited. The packaging must be neutral. On an information label, among other things, the weight, strain, average THC content, and warnings about the consumption risks must be listed. No purchase price may be charged, the clubs must finance themselves through their membership fees. Regulations for documentation obligations for the clubs and regular official controls are also regulated.
Will many cannabis growing clubs be established?
The demand will show itself soon. Federal Drug Commissioner Burkhard Blienert spoke of "high interest" in clubs that are in the process of being founded and prepared. According to reports from him, at least a high three-digit number of clubs could emerge. The Health Ministry based a cost estimate in the draft law on the assumption that 1000 clubs 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 just 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 growing clubs in a district or a city to one club per 6000 inhabitants. A final law with cannabis regulations for drivers and passengers is expected to be approved by the Bundesrat on July 5. For THC in the driver's blood, a limit of 3.5 nanograms per milliliter is to apply in the future - similar to the 0.5 promille limit for alcohol. The law with penalties for violations could come into force still in the summer.
Cultivation associations, now allowed under German law, can apply for official permits to cultivate cannabis non-commercially for their members' personal use, but they must adhere to international regulations. Interested parties must provide detailed information about their membership numbers, cultivation locations, and expected yields, among other requirements, to ensure that the cultivation is controlled and legal.
