At Schlun & Elseven, we have an expert corporate law team consisting of skilled and dedicated professionals ready to guide you through setting up a company in Germany. Our lawyers advise you on choosing an appropriate corporate model for your cannabis business and ensure that your company formation fully complies with German law. In addition, our legal team will advise you on the rights and obligations of directors, managers, and board members.

If your business is headquartered outside the European Union, our lawyers will assist you in obtaining an entrepreneur visa for Germany. It is essential that the business plan is professionally drafted and meets the stated requirements. Our lawyers have extensive experience setting up businesses and have assisted numerous clients worldwide in obtaining a residence title.

Should the purchase of a business, merger or acquisition be preferred, our team will assist you in completing the associated transaction. Our legal team handles the entire process, including thorough due diligence and the careful drafting and analysis of the purchase agreements. It also ensures that the purchase fully complies with German law.

Our lawyers will guide your business through the necessary procedures to obtain licences and permits to operate a cannabis business in Germany.

Complying with the bureaucratic requirements for operating such a business takes time and effort. However, complying with the regulations and successfully obtaining licences and permits from the outset will allow your business to start on a solid footing and thus build a strong brand identity in the German market.

Whether drafting the ancillary provisions and documents required for the licence application or reviewing all subsequent contracts and agreements, your company can always rely on our expertise. Of course, our lawyers will also advise you on compliance with all regulations, best practice guidelines, security procedures and many other aspects of business development applicable to this specific area.

Once the business has been successfully established and the relevant licences and certificates are in place, you will be continuously supported by our experts in German employment, tax, corporate, commercial and copyright law with their in-depth expertise. In close cooperation with you, our lawyers develop tailor-made solutions for your company.

Our lawyers provide reliable advice on best practices and industry-specific regulations to help you stay ahead of the competition.

As the cannabis industry is a new sector in Germany, securing a market share and establishing a leading brand name early on is crucial. A solid start can be the key to further growth and sustainable success. Our team supports your cannabis business in achieving this goal.

According to the Narcotics Act in the version still in force, the cultivation, production and any activity in connection with the sale of cannabis and the acquisition and possession of such a substance are prohibited. It can be punished with imprisonment or a fine (Sections 29 ff. of the German Law on the Traffic in Narcotics, BtMG). However, consuming and possessing insignificant amounts of cannabis is not classified as a criminal offence. However, what is considered an insignificant amount may vary from federal state to federal state.

Decriminalisation is planned as a 2-pillar programme, for which there is now a draft law passed by the cabinet since 16.08.2023. The draft law does not provide for a comprehensive legalisation of cannabis but for a far-reaching decriminalisation for adults for personal consumption. In particular, the bill provides for the possession of up to 25 grams, the cultivation of cannabis for personal consumption and private distribution, and the collective cultivation for personal consumption in “cannabis social clubs ”.

The new laws are scheduled to come into force at the beginning of 2024. Our lawyers will inform your company about the changes and provide comprehensive advice.