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German Marijuana Legalization V2.0 Goes Into Effect

2024-07-04

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The second part of Germany's cannabis legalization bill, the Regulation on Self-Cultivation of Cannabis by Cultivation Associations, will come into force today, July 1, allowing for the opening of cannabis clubs, where people can legally obtain cannabis.


Cannabis clubs can apply for licenses

With the establishment of cannabis clubs, the cultivation of larger quantities of cannabis is now allowed. As a second step towards the partial legalization of cannabis in Germany, clubs that want to produce more cannabis for their own use will be allowed to start producing cannabis this Monday. However, strict conditions must be met, such as applying to the authorities and making other preparations.

The official name "cultivation associations" is now allowed. These associations are similar to adult clubs and allow up to 500 members to grow cannabis and supply it to each other for personal consumption. They must be non-commercial in nature, i.e., organized as a registered association or cooperative.

The first step before cultivation is allowed is to apply for an official license. For example, the number of members, the location and size of the cultivation area, the expected harvest, security measures and a health and youth protection philosophy must be specified.

Members of the association must also meet certain criteria. They must have lived in Germany for at least six months and have been a member of the association for at least three months. According to the Federal Ministry of Health, this is to prevent drug tourism. In addition, members of the club's board of directors must not have a criminal record for drugs. The growing area must not be a residential building or have any conspicuous signs. Advertising is prohibited, as is spending money 100 meters around the site and entrances. A distance of at least 200 meters must be maintained from schools, playgrounds and other facilities for children and young people.

To obtain cannabis, consumers must pick it up in person and present their membership card and official photo ID. Only pure marijuana is allowed: dried flowers and near-flower leaves or secreted resin, known as hashish. Mixing with tobacco, nicotine or food is prohibited. Clubs must provide information on weight, variety, tetrahydrocannabinol (THC) content and risks. No purchase price may be charged; clubs shall be funded through membership fees. Each member may distribute up to 25 grams of marijuana per day and up to 50 grams per month.

The coming weeks will show just how hot the marijuana clubs are. Federal Commissioner for Drugs Burkhard Blienert (SPD) said that there is a "high level of interest" in the clubs that are being created and prepared. According to this, there could be clubs in the high three-digit number. The Federal Ministry of Health has estimated the costs in the draft bill, assuming that 1,000 clubs could be created in the first year and 500 per year from the second to the fifth year.

Club regulations have a lot of questions

But for many cannabis club founders across the country, the law currently raises more questions than it answers.

Questions remain about which authority will be responsible for approving clubs or regulating their activities. Investors and club organizers are also unsure how quickly the law will be approved, with some speculating that it could be as late as 2025 before they can legally begin operations.

In theory, cannabis clubs will begin operating next Monday. Under federal law, cannabis clubs could begin activities as early as July 1st. These regulated associations will be allowed to have up to 500 members, each of whom can grow and distribute up to 50 grams of marijuana per month.

However, as a practical matter, cannabis clubs can submit applications for approval on July 1, and then must wait to receive a permit before they can begin growing cannabis.

 
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