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Cultivation associations that want to cultivate cannabis on a non-commercial basis and distribute it to members for their own use require an official permit.
An official permit must be obtained for the communal cultivation and distribution of cannabis in cultivation associations. This must be applied for by the cultivation association.
Cultivation associations are registered, non-commercial associations or registered cooperatives whose purpose is the communal, non-commercial cultivation and distribution of cannabis and propagation material (seeds and cuttings of cannabis plants) for personal use as well as the provision of information to their members on cannabis-specific addiction prevention and counseling.
It is a cultivation association within the meaning of the German Consumer Cannabis Act (KCanG).
Cultivation associations
Cultivation associations receive a license upon application if the legal requirements are met, i.e. if
Board members and other authorized representatives must also be members of the respective cultivation association.
Costs are charged for the granting of a cultivation association permit within the meaning of the KCanG.
Before your application is examined, an advance payment in the amount of the anticipated administrative costs must be made. The amount of the costs is between EUR 2,700 and EUR 3,500 and depends on the importance of the matter. Among other things, the estimated number of members of the planned cultivation association is taken into account. The cost calculation includes all costs of the application procedure, including the costs of third-party involvement (e.g. local authority, on-site police inspection).
If the advance on costs is not paid by the due date, the application will be treated as withdrawn.
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The competent authority should decide on the application for a permit within three months of receiving all the information and evidence specified in Section 11 (4) of the Act on the Handling of Consumer Cannabis (Consumer Cannabis Act - KCanG). However, the actual processing time depends, among other things, on the quality and completeness of the applications.
The license may be denied in particular due to the lack of reliability of a board member of the cultivation association, especially if the person concerned has a relevant criminal record or does not or is unlikely to comply with the requirements of the Cannabis Act for the protection of health, children and minors
Relevant previous convictions include drug-related offences with the exception of cannabis-related offences for acts that are no longer punishable under the Cannabis Act, as well as other offences that are usually attributed to organized crime. Board members and other authorized representatives must also be members of the respective cultivation association.
Permission may also be denied by the competent authority if the cultivation areas or greenhouses of the cultivation association are structurally linked to cultivation areas or greenhouses of other cultivation associations, in particular if they are housed in a common building or building complex.
In addition, permission may be refused if the cultivation areas and greenhouses of the growers' association are located in the immediate vicinity of cultivation areas or greenhouses of other growers' associations.
This is intended to enable the competent authorities to ensure that a large number of growers' associations are not allowed to operate cultivation areas at the same location or in the same building. In this way, commercial "plantations" and comparable large-scale cannabis cultivation areas are to be excluded, which would conflict with the declared purpose of small-scale, non-commercial home cultivation in cultivation associations for personal consumption through the active cooperation of the members of the respective cultivation association.
Administrative court action
The transportation of more than 25 grams of cannabis between parts of the pacified property of the same cultivation association must be reported to the competent authority.
Cultivation associations must notify the competent authority of the annual quantities of cannabis cultivated and distributed. They must also report how much cannabis has been destroyed.