Drugs - Start of cannabis cultivation communities delayed
To apply for the founding of a Cannabis cultivation community in Berlin still seems hardly possible at the moment. Theoretically, interested parties can apply for the corresponding license from July 1st at the Berlin district offices. Non-commercial cultivation cooperatives with up to 500 members can then get started according to federal law. Full-grown people can then cultivate Cannabis together and exchange it among themselves for personal consumption. However, since there is still no regulation in the capital, the districts are practically not able to process potential applications, as a survey by the German Press Agency showed.
"We don't have the personnel to take on this additional task at the moment," said Charlottenburg-Wilmersdorf's city councilor for youth and health, Detlef Wagner (CDU). "We're all not thrilled that a law was introduced without considering the real first step, namely who is to take control."
Lacking regulation complicates implementation
A regulation that regulates responsibilities in relation to the Cannabis law does not exist in Berlin, unlike in other federal states. The time between the law's entry into force on April 1st and the regulation for cultivation cooperatives is considered too short and ambitious by a spokesperson for the health administration.
As long as there is no regulation, the so-called fallback responsibility lies with the districts according to the health administration. It is planned that the districts will also be responsible in the future. Cannabis clubs are recommended to file their application where the cultivation cooperatives have their seat or plan to have it, said the spokesperson. The districts reportedly received information about this for the first time in May.
Bezirksstadträtin Filiz Keküllüoğlu (Greens) from Lichtenberg, however, shared that: "Just like all other districts, we were surprised by the unannounced assignment of responsibilities shortly before the regulations came into force on July 1st." The fallback responsibility of the districts is not clear to Keküllüoğlu. The health administration is leaving the districts alone with all open questions, criticized Keküllüoğlu. "It needs a legally secure implementation for the cannabis clubs, the Senate's approach is leading exactly in the opposite direction." Until clarity prevails, the district will collect all incoming applications, said she.
The other districts express similar sentiments. The Mitte district office, for example, plans to wait for the final regulation and currently does not process applications. Reinickendorf and Neukölln also do not want to make any preparations, as long as the actual responsibility is not clear. There are no regulations for a uniform handling of offenses, no agreement on the competent authorities, and no personnel support for the implementation of a completely new law, explained a spokesperson for the Neukölln authority.
Few applications have been filed
Despite the uncertainty, a few applications have already been filed in Berlin. The district of Neukölln, for example, has received three applications, according to a spokesperson. The district of Mitte also reported receiving applications. The district of Charlottenburg-Wilmersdorf, on the other hand, has not yet received any applications, according to a spokesperson. The district of Lichtenberg also reportedly has not yet received any applications.
The Berlin Senate is currently working on a regulation to clarify the responsibilities in the implementation of the Cannabis law. The regulation is expected to be presented to the Senate plenary in the coming weeks.
The Cannabis Cultivation Associations of Germany (CAD) sharply criticized the unclear situation in Berlin at the beginning of the week and labeled the transitional solution as immature. According to spokeswoman Jana Halbreiter, the "Green Social Club" had already moved its headquarters from Berlin to Brandenburg a few weeks ago to have a real chance of obtaining a timely permit.
Almost all districts in Berlin confirmed, in response to inquiries, that they had received no applications for the establishment of a cultivation community this week. In Neukölln, an application had reportedly been submitted. In Steglitz-Zehlendorf, a association inquired about the necessary steps. In Friedrichshain-Kreuzberg, a spokesperson reported individual inquiries.
- Despite the unclear situation in Berlin, the Cannabis Cultivation Associations of Germany (CAD) has moved its headquarters to Brandenburg, citing the need for a timely permit due to the uncertainty.
- In Charlottenburg-Wilmersdorf, the city councilor for youth and health, Detlef Wagner (CDU), expressed concerns about the lack of regulation and the lack of clarity regarding responsibilities.
- The German Press Agency conducted a survey showing that districts, such as Mitte, Reinickendorf, Neukölln, and even Charlottenburg-Wilmersdorf, are not processing applications because of the ambiguity surrounding their responsibilities.
- A growing concern among 'youth' and health advocates in Berlin is the association of Berlin's 'Cannabis clubs' with 'drug' cultivation, particularly in light of the lack of regulation and clarification from the German government.
