With the entry into force of the Cannabis Act in Germany, cannabis is no longer subject to the provisions of the German Narcotics Act (BtMG) but to its own regulations. The cultivation of cannabis plants is now permitted to a limited extent following Sections 9, 17 KCanG and Section 4 MedCanG. The German Consumer Cannabis Act (KCanG) and the German Medical Cannabis Act (MedCanG) stipulate that private cultivation by adults, communal cultivation in cultivation associations, and the cultivation of medical and medical-scientific cannabis are permitted under certain conditions.
To ensure that the cultivation of cannabis is handled in a legally compliant manner, the German law firm Schlun & Elseven Rechtsanwälte offers skilled and committed legal advice. Regardless of whether you are a consumer, a member or founder of a cultivation organisation or the owner of a cannabis company – our lawyers are always available to inform you about the current requirements. We also support you in the event of a conflict and take care of communication with the relevant authorities on your behalf. Contact us today to benefit from our expertise.
Private Cultivation of Cannabis
In the context of German narcotics law, cultivation refers to sowing seeds and cultivating plants. Persons who have reached the age of 18 are permitted to privately cultivate no more than three cannabis plants at a time at their place of residence or habitual abode, Section 9 KCanG. Whether these plants are male or female is irrelevant – the specified number of three plants may not be exceeded. If more than three plants grow from the cultivation material, all additional plants must be destroyed immediately and thoroughly. The maximum number applies to each adult person in a household, meaning that more than three plants may be grown at a residence with several adults.
This is a permitted exception to the primary ban on growing cannabis, Section 2 (2) KCanG. In addition to the quantitative restriction, cultivation may only take place for personal use. The yields of the cannabis plant may not be passed on to third parties, not even free of charge. In addition, the plant, propagation material, and yield must be protected from access by third parties, especially children and adolescents.
Sections 3 and 5 KCanG apply to carrying and consuming the yields from one’s cultivation in public spaces.
Cannabis Social Clubs – Community Cultivation in Cultivation Associations
In addition to the questions of founding and running a cultivation association within the meaning of the KCanG, cannabis cultivation is crucial for the founders and all members of such a social club. This is regulated in Sections 11 et seq. KCanG. Community cultivation and controlled distribution are subject to authorisation by the competent authority, granted upon application if the relevant requirements are met.
Among other things, the person authorised to represent the cultivation association must have unlimited legal capacity and be reliable. Particular attention is also paid to protecting children and young people. In the licence, the authorities determine the quantity of cannabis that may be produced by the collective cultivation based on the number of members. This quantity can be adjusted annually if there is a proven need. The licence issued ends after seven years unless a justified application for renewal has been submitted.
Production of Medical Cannabis in Germany
The cultivation, distribution and consumption of medical cannabis has been legalised since 2017. This development raised the question of how the constantly growing demand for medical cannabis is to be met. In some cases, medical cannabis is imported, which is still possible by Sections 12 et seq. MedCanG. However, the Federal Institute for Drugs and Medical Devices (BfArM) in Germany established the Cannabis Agency to be able to legally cultivate cannabis in Germany and thus cover the domestic demand itself. This agency is responsible for controlling the cultivation, harvesting, and quality testing of medical cannabis and all subsequent processes. Only three companies have been contracted so far by the Federal Institute for Drugs and Medical Devices (BfArM) for production.
So far, only the three companies selected by the Cannabis Agency have been authorised to cultivate or produce cannabis in Germany. According to Section 4 MedCanG, however, a licence for the cultivation of medical and medical-scientific cannabis must be obtained. For this reason, affected companies will have to wait for the next tendering procedure of the Federal Institute for Drugs and Medical Devices (BfArM). Cannabis companies can only apply for these processes at the next opportunity to commission a company.
The German lawyers at Schlun & Elseven Rechtsanwälte will gladly assist you. To obtain the authorisation required for the legal cultivation of cannabis from the Cannabis Agency established by the Federal Institute for Drugs and Medical Devices (BfArM) in Germany, we assist you in submitting the relevant applications, check compliance with all regulations and also advise you on other legal issues. Please get in touch with us today using our online form.
Industrial Hemp – Use and Cultivation
Even before the Cannabis Act came into force in Germany, industrial hemp was treated separately by law. The cultivation of industrial hemp is permitted for agricultural businesses within Section 1 (4) of the Act on the Old Age Security of Farmers (ALG). Companies in forestry, horticulture and viticulture, fish farming, pond farming, beekeeping, inland fishing and transhumance are not permitted to cultivate hemp. Beet growers who plant hemp as a protective strip in beet cultivation must destroy the hemp before it flowers. Companies other than those in agriculture can apply to the German Federal Institute for Drugs and Medical Devices for a temporary cultivation licence if the cultivation serves scientific or other public interests.
The cultivation of industrial hemp requires a corresponding licence from the Federal Cannabis Agency in Germany. Anyone who fails to notify the cultivation of industrial hemp according to Section 36 (1) No. 37 KCanG per Section 32 (1) KCanG, or fails to do so correctly, entirely or in good time, is committing an offence and may be fined up to ten thousand euros under Section 36 (2) KCanG.
If you seek clarity regarding the authorisation of your agricultural enterprise to cultivate industrial hemp in Germany, please do not hesitate to contact the lawyers at Schlun & Elseven Rechtsanwälte. Our legal team will support you in applying for authorisation and advise you on other legal issues.
