Social Clubs in Germany - that simple? FAQ
First of all, a note:
The following compilation of the new legal situation is without guarantee.
Before taking action, specific actions should be examined independently.
Below the FAQ you will find:
The draft law & explanations submitted by the federal government (October 2023) [1]
The comparison of draft: changes & explanations (February 2024) [2]
The consolidated final version of the law passed in the Federal Council [3]
What counts as a cultivation club according to cannabis law?
According to the consumer cannabis law, cultivation associations are: clubs or cooperatives,
“whose exclusive purpose is the collective non-commercial cultivation and distribution of cannabis for personal consumption by and to members, the distribution of propagation material and the information of members about cannabis-specific addiction prevention and advice.”
Will there be clubs everywhere?
Every club who grows cannabis in a community and passes it on to members for their own consumption requires permission from the responsible authority. Permission may only be granted to cultivation associations and must be refused if the association is “located within 200 meters of the entrance area of schools, children’s and youth facilities or children’s playgrounds.”
A report by Bayerischer Rundfunk already showed how construction of a mini playground began within the 200 meter limit in response to an application for permission. [4]
However, there is no distance rule between clubs in the law, so several clubs can settle in one building complex or mix with other businesses.
Who can become a member of a club?
Growing associations may only have members who have reached the age of 18 and have their place of residence or habitual abode in Germany
“Certify to the growing association in writing or electronically that he or she is not a member of another growing association.”
This information must be retained by the growing association for three years.
On the subject of data protection, see the last question in the FAQ
What applies to membership as a place of residence and habitual residence?
According to the Cannabis Act, residence is the “place where a person has occupied a dwelling for at least six months under circumstances which indicate that he or she will maintain and use the dwelling.”
Ordinary residence: the “place where a person is present under circumstances which indicate that his or her stay in that place or area is not merely temporary; Such circumstances are to be assumed in the case of a continuous stay in one place lasting at least six months, whereby short-term interruptions are not taken into account.”
How much cannabis can you purchase from the club?
Cultivation associations may pass on a maximum of 25 grams of cannabis per day and a maximum of 50 grams per calendar month to each member who has reached the age of 21 for their own consumption.
Cultivation associations may distribute a maximum of 25 grams of cannabis per day and a maximum of 30 grams of cannabis per calendar month to adolescents (18-21).
The cannabis that is passed on to adolescents must not exceed a THC content of 10 percent.
In addition to the association's purchase, you may possess "up to 50 grams of cannabis, in the case of flowers, leaves close to the flowers or other plant material of the cannabis plant, based on the weight after drying" from the cultivation of 3 cannabis plants at your place of residence.
You are never allowed to have more than 25 grams in public and never more than 50 grams at home.
However, this can be timed accordingly through supply from the club and overlapping harvest of the 3 plants.
How much will cannabis + club membership cost?
The intention behind the cultivation clubs is the collective cultivation of cannabis.
Club members may not be charged a gram price; instead, the production costs of the agreed monthly quantity must be covered by the membership fee.
The social clubs will have different membership fees for your personal monthly needs. So e.g. B. for 5, 10, 25 or 50 grams (“flat rate” or “flat rate”)
The reason for this regulation is to circumvent EU and UN hurdles under international law. [5]
The regulation has the disadvantage that you are tempted to consume the agreed amount.
Why does every member have to help with the cultivation?
This regulation is also based on the community's own cultivation.
“The members of the cultivation association have to actively participate in the collective cultivation of cannabis. Active participation is given in particular when members of the growing association are personally involved in community cultivation and in activities directly related to community cultivation.”
How long do you have to and can you be a member of the club?
The clubs “must provide for in their statutes a minimum membership period of three months as well as the loss of membership in the event that a member’s place of residence or habitual abode is no longer in Germany.”
According to the explanations, members “should actively participate in the cultivation association and, if possible, supervise an entire cultivation cycle in their own collective cultivation.”
In fact, this regulation is intended to prevent a 1-day membership, i.e. a pure sales model.
How small can a growing association be?
Although there is no minimum number of members, a cultivation club must always be denied permission if “the cultivation association's peaceful property is located wholly or partially within a private residence.”
According to the explanations, “there is a compelling reason for refusal if the cultivation association wants to use all or part of the premises or land of a private apartment.
This includes private gardens or properties used for residential purposes. The purpose of the regulation is to ensure a clear distinction between private cultivation and communal cultivation in an association. The activities of a growing association must be able to be effectively monitored. Due to the high level of protection of the apartment in accordance with Article 13 paragraph 7 of the Basic Law, the competent authority's rights of entry and search pursuant to Section 28 Paragraph 1 would only be constitutionally guaranteed to a limited extent, so that sufficient official surveillance could not be ensured.
In fact, this regulation is probably not intended to transfer the rights of the clubs to a small and exclusive group of friends in private rooms.
Why is the club not allowed to sell edibles or drinks?
In addition to EU food law (regulations on food safety and novel food), according to Section 21, cultivation associations are not allowed to pass on “cannabis that is mixed or combined with tobacco, nicotine, food, feed or other additives.”
According to the explanations, the aim is to prevent an incentive for consumption to be created through a dosage form other than that in the form of marijuana or hashish, for example through flavor-enhancing treatment. The same applies to cannabis that is diluted or mixed with impermissible additives, such as tobacco.”
According to Section 21, you are not allowed to pass on the listed substances individually.
So not even drinks or chocolate bars!
Will there be a consumption area in the German social club?
“Public consumption of cannabis is prohibited:
6. within the demarcated property of cultivation associations and within their sight.”
According to the explanations, the purpose of the regulation is “not to create social places with increased incentives to consume.
The KCanG is not intended to contribute to increasing consumption of cannabis.”
There is the legal opinion that it is outside the sight of the club entrance, separated by a wall or floor, there may be consumption areas from other operators.
Will there be shipping or vending machines?
“Cannabis may only be passed on within the demarcated property by members to members of the cultivation associations for the purpose of their own consumption with the simultaneous personal presence of the passing on and receiving member. Cultivation associations must ensure that each time cannabis is passed on, age and membership are strictly checked by presenting the membership card in conjunction with an official photo ID.” (§ 19)
What does the CSC test cannabis for?
“... the growing associations regularly take samples of what is grown
“To take and examine cannabis and the said propagating material and to ensure their ability to be passed on in accordance with paragraphs 4 and 5.” (§ 18)
“Cannabis cannot be passed on if the cannabis or reproductive material contains substances to an extent that exceeds the maximum levels set in a legal regulation in accordance with Section 17 Paragraph 4,”
“The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry of Health, to determine the following by means of a statutory ordinance with the consent of the Bundesrat, to the extent that this is necessary to protect health:
1. Maximum levels of the following substances or their degradation, conversion or reaction products:
Plant protection products within the meaning of the Plant Protection Products Ordinance
Fertilizers within the meaning of the Fertilizer Act
other plant or soil treatment products
Biocidal products within the meaning of the Chemicals Act, insofar as they serve to protect stored products or combat pests
Mycotoxins, heavy metals or other comparable substances that are undesirable for health and
microorganisms,
2. Maximum levels for
a) Substances in packaging and others
en materials and objects intended to come into contact with cannabis or propagating material, and
b) the transfer of substances from packaging and other materials and objects that
are intended to come into contact with cannabis or propagating material, in or on cannabis or propagating material,
3. the procedure for setting maximum levels and specifications for data requirements
for setting maximum levels and
4. agricultural, horticultural or other requirements for community cultivation in cultivation associations, in particular with regard to hygiene, drying, storage or water content of cannabis or propagating material cultivated collectively in cultivation associations.
What information does the packaging contain?
Cultivation associations are only allowed to distribute cannabis in neutral packaging.
When passing on the cannabis, they must give the person receiving it an information sheet with at least the following information about the cannabis passed on:
Weight in grams, harvest date, best-before date, variety, average THC content in percent, average CBD content in percent + the information mentioned in § 21 paragraph 3.
Which member data is stored or passed on?
Last name, first name and year of birth of each member to whom cannabis was passed on,
as well as the following information about the cannabis passed on:
Amount in grams,
average THC content,
date of transfer,
There are articles from “Netzpolitik” and “Heise” on the various data protection concerns. [6] + [7]
[1] https://dserver.bundestag.de/btd/20/087/2008704.pdf
[2] https://dserver.bundestag.de/btd/20/104/2010426.pdf
[3] https://www.bundesrat.de/drs.html?id=92-24
[6] https://netzpolitik.org/2024/kiffer-listen-datenschutzalbtraum-legalisierung/
