Since April 1st, adults have been allowed to possess, consume and, to a limited extent, grow cannabis – but only at home. In the allotment colony, growing plants is generally taboo.
Growing cannabis in an allotment garden is generally not permitted. The Federal Ministry of Health pointed this out when asked. Cultivation in allotment gardens is only permitted under the condition that the person cultivating it has a residence there, said a ministry spokesman for the German Press Agency in Berlin. “That’s usually not the case.”
He referred to the Federal Allotment Garden Act. There it is regulated by law that an arbor in an allotment garden must not be suitable for permanent living. “In addition, in the legislative process for the Federal Allotment Garden Act, the legislature expressly rejected the expansion of gazebos into small private homes.”
The German hemp association was recently concerned with the question. He had criticized the Federal Association of Allotment Garden Associations for its assessment that cultivation in allotment gardens was fundamentally not possible. The hemp association referred to the detailed explanations provided by the federal government, which it had attached to its cannabis law.
The text of the law simply states that adults are allowed to grow up to three cannabis plants “at their place of residence or habitual residence.” However, the explanations mentioned go on to say: “Private self-cultivation is the self-cultivation of cannabis in the area of a private apartment. The term apartment within the meaning of this law includes all rooms dedicated to private residential purposes, including gardens, allotments, weekend houses, holiday apartments, etc..”
So, growing plants in the garden colony? No, says the Federal Ministry of Health. This only applies in exceptional cases as part of the protection of existing buildings, if the owner of a gazebo already lived there before the Federal Allotment Garden Act came into force more than 40 years ago. “The rights of an allotment gardener to use his arbor for residential purposes remain if they existed when the Federal Allotment Garden Act came into force on April 1, 1983 and no other regulations conflict with residential use.”
Source: Stern
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