Cannabis legal in Deutschland

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August 2023: A milestone for the legalization of recreational cannabis in Germany

In August 2023, Germany marked a turning point in European policy by approving the legalization of recreational cannabis. This move is part of a more progressive and controlled approach to minimize the harms of unregulated use and reduce criminalization. German citizens aged 18 and over are now allowed to possess up to 25 grams of cannabis in public places (50 grams in their private space) and cultivate a maximum of three plants at home.

This change not only makes Germany a pioneer in European cannabis regulation, but also reflects a growing global trend toward decriminalization. It promises potential benefits for public health, the economy, and the fight against organized crime. With this legalization, Germany is following a similar approach to Canada and certain US states, focusing on risk minimization and creating a regulated market. Today, we'll explain everything you want to know about cannabis clubs and associations in Germany (CSCs - Cannabis Social Clubs).

Legal cannabis and cannabis clubs/associations

Aside from legislation regarding possession, consumption, or home cultivation, one of the key elements of legalization in Germany is undoubtedly the establishment of cannabis clubs or cannabis cultivation associations. In these spaces, adult users can join together to cultivate and distribute limited quantities of cannabis safely and without the intention of making a profit. Thus, the club or association serves merely as a mechanism through which each member receives their proportional share of the communal cultivationā€”a kind of "collective cultivation" model.

Inspired by the Cannabis Social Clubs in Spain and Uruguay, which have existed for years, German cannabis cultivation clubs offer a safe and controlled environment where members can acquire high-quality cannabis. This avoids the typical disadvantages and risks of the black market, such as inferior quality, shortages, lack of security, or even fraud. These clubs have strict rules, including a ban on advertising and limits on the number of plants that can be cultivated and the amount each member can purchase. They also place great emphasis on education about the plant and responsible consumption.

Cannabis Clubs in Germany

As in most comparable cases, cannabis clubs or associations in Germany are designed to promote home cultivation, ensure minimum quality standards, and prevent unregulated sales. They operate within a clearly defined legal framework, according to which each member can receive up to 25 grams per day, but a total of 50 grams per month (30 grams for persons between 18 and 21 years of age). The club itself is only allowed to cultivate a limited number of plants.

These associations are not-for-profit, meaning all cannabis produced is intended exclusively for the consumption of their members. Furthermore, they focus on promoting responsible consumption and educating people about the benefits and risks of cannabis. This creates an innovative solution to meet demand within a legal framework while reducing the illegal market and its associated risks.

It's worth noting that German law uses the term "cultivation clubs" in its text, suggesting that there are differences between the German model and examples like those in Spain. One of the main differences is that in Germany, the consumption of flowers or extracts on the club's premises is not permitted, whereas in Spain, members are allowed to consume their products on the club's premises. Nevertheless, the term "cannabis club" is often heard, as this term has become very common in recent years.

cannabis oil bottle assortment

Chaos with the applications

Since July 1, cultivation clubs have been able to apply for a license to cultivate, harvest, and distribute cannabis. This highly bureaucratic law imposes numerous restrictions, including on membership numbers, residential and age requirements, safety conditions, minimum distances from educational institutions, and the location of cultivation areas. This bureaucracy and the lack of cooperation from many authorities are testing the patience of numerous clubs and their members. Nationwide, 366 license applications have been submitted (as of October 16, 2024), of which only 34 have been approved (and 7 rejected) ā€“ less than 10%.

As expected, the actions of the responsible authorities reflect the typical north-south divide: In the south, a more conservative attitude toward cannabis prevails, so the authorities show little motivation to cooperate with cultivation associations. But in other federal states, too, the enthusiasm to implement the new law is limited. In Berlin, for example, it is still unclear which authority is even responsible for issuing cultivation licenses.

The federal states that have issued cultivation licenses so far are: Lower Saxony (15 approvals out of 37 applications), North Rhine-Westphalia (7 out of 87), Rhineland-Palatinate (3 out of 27), Mecklenburg-Western Pomerania (2 out of 4), Berlin (1 out of 21) and Saxony (1 out of 11).

While some clubs are already reaping their first harvest ā€“ such as CSC Ganderkesee in Lower Saxony, which was the first CSC in Germany to receive a license ā€“ the majority of consumers are still waiting for a real paradigm shift.

How do you become a member of a cannabis club in Germany?

Anyone wishing to become a member of a cannabis club in Germany must meet certain requirements. Clubs are open to individuals 18 years of age and older and generally require residency in Germany. Interested parties must register, which may involve, for example, presenting an ID card and completing certain forms. Membership fees vary depending on the club and are used to cover cultivation and administrative costs. Since the clubs are non-profit, the fees are used exclusively for operations. Furthermore, there are limits on the number of plants a club may cultivate to ensure a sustainable and appropriate offering for the number of registered members: each club may have a maximum of 500 members at any one time.

Members of cannabis clubs in Germany have certain rights and responsibilities stipulated in the regulations. These rights include the right to purchase up to 25 grams of cannabis per day for personal use (a total of 50 grams per month) and to enjoy a safe, controlled, non-profit environment. They can also participate in club activities and receive advice on responsible consumption.

Obligations include adhering to the rules of responsible use, paying membership fees for the club's operation, respecting the permitted quantities of cannabis, and not distributing or selling cannabis outside the club. Members are also required to maintain discretion regarding the club's location and activities so that it can operate in compliance with the law. The issued material may not be consumed in or around the club, and persons between 18 and 21 years of age are limited to 30 grams per month with a THC limit of 10%.

These rights and obligations are crucial for the successful operation of the clubs and the security of the club model, which aims at responsible consumption in a legalized, regulated and safe environment.

The future of the sector in Germany

The legalization of recreational cannabis in Germany has raised high expectations for the future of the cannabis market in Europe. Given Germany's size and importance, it is expected that other European countries could follow suit, potentially leading to an expanded legal market in the region.

The cannabis sector in Germany also has enormous economic potential, as it can generate significant revenue through taxes, create jobs in cultivation, distribution and manufacturing, and promote innovation in areas such as medical cannabis and wellness products.

However, the industry will also face challenges, including competition on the black market, regulation of product quality and safety, and the need for ongoing education on the responsible use of cannabis. Further developments in the coming years will be crucial to establishing Germany as a leader in cannabis regulation in Europe.

We will follow this development closely!

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