Legalization: More than 280 applications for cannabis cultivation associations

Following the limited legalization of cannabis for adults, preparations are gradually being made for clubs to grow larger quantities. Nationwide, more than 280 applications for permits have been received, according to a survey by the German Press Agency of the relevant state authorities. The most populous state, North Rhine-Westphalia, is at the top with 69 applications so far. In Lower Saxony, with 27 applications submitted, eleven permits have already been granted – in all other states combined, only three. There are not yet lists of fines for violations of cannabis regulations everywhere.

Since July 1st, non-commercial “cultivation associations” with up to 500 members have been able to start up as the second stage of cannabis legalization in Germany. They can first apply for a permit. In the clubs, adults can then grow cannabis together and share it with each other for personal consumption. However, there are numerous conditions. In general, smoking weed has been legal for adults with restrictions since April 1st. Since then, it has been permitted to grow up to three plants at a time in private homes, and you can store up to 50 grams of cannabis.

Approvals so far in four countries

Larger numbers of applications for cultivation associations have also been received in Baden-Württemberg, where, according to the responsible regional council in Freiburg, there are now 47 applications. In Bavaria, according to the State Office for Health and Food Safety, 24 applications were submitted by August 28. However, no permits have yet been issued in either state. Apart from Lower Saxony, this has so far only been the case in Mecklenburg-Western Pomerania, Berlin and Rhineland-Palatinate – in each of the three states, a first cultivation association has been permitted.

The requirements and official examinations are complex, as the state authorities also say. In the application, clubs must state, among other things, the number of members, the location and size of the cultivation areas, their expected annual cannabis quantities, security measures and a health and youth protection concept. Processing time is expected to be three months.

There have been requests for improvements, particularly in concepts and statutes, said the state office responsible in Rhineland-Palatinate. A team consisting of a lawyer, two administrative staff and a gardener is responsible for processing the applications. Rejections are often due to deficiencies in child protection, explained the Chamber of Agriculture responsible in Lower Saxony – for example, the distances to daycare centers and schools being too small. If deficiencies are corrected, clubs can submit another application. Berlin is the only state that does not yet have a regulation that clarifies responsibilities. For the time being, the twelve districts in the capital are still responsible.

Limited amount of cannabis for club members

At the request of the states, the federal government recently tightened up some requirements to prevent the creation of large cannabis plantations. The states can also use a legal option to limit the number of cultivation associations in a district or city to one association per 6,000 residents. Cannabis advocates then warned of additional hurdles to setting up production – because the black market would benefit from shortages of legal cannabis.

If clubs receive permission, it is valid for a limited period of seven years according to the law. It can be extended after five years. There are also guidelines for the distribution of cannabis. A maximum of 25 grams per member is permitted per day and a maximum of 50 grams per month. For 18- to 21-year-olds, 30 grams per month with a maximum of ten percent of the intoxicating substance tetrahydrocannabinol (THC) are permitted.

It remains to be seen whether and how quickly a larger number of cultivation associations will be created in the states. The Federal Ministry of Health based its cost estimate in the draft law on the assumption that 1,000 associations would be created in the first year and 500 in each of the second to fifth years.

Several countries are still working on catalogues of fines

In the event of violations of the rules for growing and consuming cannabis, federal law provides a framework for sanctions. Based on this, several states, such as Bavaria, quickly established a catalogue of fines for the specific application. Other states followed suit. The catalogue came into force in Hesse on July 1st. Anyone who smokes weed in the immediate vicinity of children can be fined 1,000 euros. Smoking a joint in schools or within sight of them can result in a fine of 500 euros.

The catalogue of fines has been in effect in Schleswig-Holstein since July 5. Anyone who has more than 50 grams of cannabis at home can expect to be fined between 500 and 1000 euros. Several states are still working on catalogues of fines. “The process for this is not yet complete,” said the Ministry of Health in Brandenburg. They are also looking at regulations in other states. A catalogue is not yet ready in Bremen and Mecklenburg-Western Pomerania, for example. Baden-Württemberg wants to do without it. According to the Ministry of Social Affairs, the fine framework in the law is sufficient.