- Over 280 petitions for establishing cannabis farming cooperatives have been submitted.
Following the partial decriminalization of cannabis for adults, plans for larger-scale cultivation collectives are gradually being set into motion across the country. A survey conducted by the German Press Agency found that over 280 permit applications have been submitted to various state authorities nationwide. Leading the pack is North Rhine-Westphalia with 69 applications, while Lower Saxony has submitted 27 applications and issued 11 permits, making it the only other state with multiple approvals. Elsewhere, only three permits have been granted in total.
Since July 1st, non-profit "cultivation collectives" with a maximum of 500 members are now permitted as the second phase of cannabis legalization in Germany. Within these collectives, adults can join forces to grow cannabis and share it among themselves for personal use. However, there are stringent guidelines to adhere to. Since April 1st, adult cannabis use has been legal, with some limitations. It is now allowed to cultivate up to three plants privately and possess up to 50 grams of cannabis.
Numerous applications for cultivation collectives have also been submitted in other states, such as Baden-Württemberg, which now has 47 applications, as per the responsible government presidency in Freiburg. As of August 28th, Bavaria has 24 applications under review, but no permits have been issued yet. Apart from Lower Saxony, this is true for Mecklenburg-Vorpommern, Berlin, and Rhineland-Pfalz - each of these states has approved one initial cultivation collective.
The application process and inspections can be complex, as outlined by state authorities. Applicants must provide information such as the number of members, location and size of cultivation areas, expected annual cannabis yields, security measures, and a health and youth protection plan. A three-month review period is anticipated.
There have been requests for improvements in concepts and statutes, as reported by the responsible state office in Rhineland-Pfalz. A team of a lawyer, two administrative staff, and a gardener are in charge of processing applications in Rhineland-Pfalz. Many rejections are due to inadequate youth protection, as explained by the responsible agricultural chamber in Lower Saxony - for instance, inadequate distances from kindergartens and schools. If deficiencies are addressed, associations can resubmit their applications. Berlin has yet to issue any clarifying guidelines. Temporarily, the twelve districts are responsible for handling applications in the capital.
Permission for collectives lasts seven years, as stipulated by law. After five years, it can be extended. There are also guidelines for the cannabis tax - up to 25 grams per member per day and 50 grams per month are allowed. For those aged 18 to 21, up to 30 grams per month with a maximum of 10% Tetrahydrocannabinol (THC) is permitted.
The number of cultivation clubs and their emergence pace remain uncertain. The Federal Ministry of Health estimated in the bill that around 1000 clubs could emerge in the first year and 500 each in the following four years.
Several states are still finalizing penalty catalogs for cannabis cultivation and consumption rule violations. Bavaria quickly established a penalty catalog, while other states followed suit. Hesse implemented its catalog on July 1. Smoking a joint near children can result in a 1000 euro fine, while smoking in schools or within proximity can incur a 500 euro fine. The penalty catalog has been in effect in Schleswig-Holstein since July 5. Individuals with more than 50 grams of cannabis at home can expect a fine of 500 to 1000 euros. Other states are still in the process of finalizing their catalogs, such as Brandenburg and Bremen. Baden-Württemberg has no plans to implement a catalog, as the existing legislation is deemed sufficient.
The Producers' association in North Rhine-Westphalia, being the state with the most applications, is actively engaged in navigating the application process and ensuring compliance with the guidelines. The Producers' association in Rhineland-Pfalz, with a team of specialized personnel, is meticulously reviewing applications, aiming to address any youth protection concerns before approvals.
