Where may dispensing take place in a club?

Dispensing may take place exclusively within the fenced-off premises of the cannabis social club (Anbauvereinigung), the cultivation association under the Consumer Cannabis Act (Konsumcannabisgesetz, KCanG). The law requires the personal presence of the person handing over and the person receiving, and both must be members (§ 19 para. 2 KCanG). Shipping and delivery of cannabis are prohibited (§ 19 para. 4 KCanG). This article explains what this means for the location and which duties apply there.

The place of dispensing under the law

Under § 1 no. 22 KCanG, fenced-off premises (befriedetes Besitztum) are a growing area, a plot of land, a greenhouse, a building or part of a building, which the authorised person has secured against arbitrary entry by protective measures recognisable from the outside. The licence must name this premises clearly and may only cover activities within it (§ 13 para. 2 KCanG). Dispensing at another place, for example in the street, in a café or by courier, is not covered by the licence.

The application must state the location of the premises with town, street and house number, where applicable with the field designation and the building or part of a building (§ 11 para. 4 no. 7 KCanG). The association must notify the authority without delay of any changes to these details after the application (§ 11 para. 6 KCanG). Whether a change to the rooms used falls under this is for the competent authority to decide.

Who hands over and who receives

Cannabis may only be passed on from members to members, for the purpose of personal consumption and with both present in person (§ 19 para. 2 sentence 1 KCanG). At every handover, the association must ensure that age and membership are checked, by presenting the membership card together with an official photo ID (§ 19 para. 2 sentence 2 KCanG). If this check is missing, it is a regulatory offence (§ 36 para. 1 nos. 16 and 17 KCanG). Only cannabis cultivated jointly within the fenced-off premises may be passed on, and only in pure form as marijuana or hashish (§ 19 para. 1 KCanG).

Youth protection at the place of dispensing

The association may not grant anyone under 18 access to the fenced-off premises (§ 23 para. 1 KCanG). A breach is a regulatory offence (§ 36 para. 1 no. 31 KCanG). The law does not prescribe a particular technology. Which measures the association takes belongs in its health and youth protection concept (§ 23 para. 6 KCanG).

In addition, the consumption ban under § 5 para. 2 no. 6 KCanG applies: public consumption is prohibited within the fenced-off premises of cultivation associations and in their line of sight. The line of sight ends at a distance of more than 100 metres from the entrance area (§ 5 para. 2 sentence 2 KCanG). The association also may not make its premises recognisable from outside through advertising signs or conspicuous design elements. A factual name at the entrance is permitted (§ 23 para. 2 KCanG).

Quantity and packaging at dispensing

Members aged 21 and over may receive at most 25 grams per day and 50 grams per calendar month. For young adults (Heranwachsende) the limits are 25 grams per day and 30 grams per calendar month, and the cannabis may contain at most 10 percent THC (§ 19 para. 3 KCanG). The handover takes place in neutral packaging with an information leaflet on weight, harvest date, best-before date, variety and the average THC and CBD content, and with the legally required notices on risks and counselling services (§ 21 paras. 2 and 3 KCanG).

Documenting every handover

The association must document every handover continuously: name, first name and year of birth of the member, quantity in grams, average THC content and date (§ 26 para. 1 no. 5 KCanG). The records must be kept for five years and transmitted electronically to the authority on request (§ 26 para. 2 KCanG). The authority may enter the fenced-off premises during normal opening hours and inspect documents (§ 28 paras. 1 and 2 KCanG). The association must grant access and provide information (§ 29 KCanG).

Location: distance from schools and facilities

The licence must be refused if the fenced-off premises lie within 200 metres of the entrance area of schools, child and youth facilities or children's playgrounds (§ 12 para. 1 sentence 1 no. 6 KCanG). The same provision requires that the premises are secured against unauthorised entry and protected from view from outside. If the premises are wholly or partly located in a private dwelling, the licence must likewise be refused (§ 12 para. 1 sentence 1 no. 7 KCanG). When choosing a site, a site plan with measured distances to schools, facilities and playgrounds is helpful.

How a handover works

1. Check the membership card and an official photo ID and establish the age (§ 19 para. 2 KCanG).
2. Check the amount already received that day and in the month, using the records (§ 19 para. 3 KCanG).
3. Hand over the cannabis in neutral packaging with the information leaflet (§ 21 para. 2 KCanG).
4. Give notices on risks and counselling services (§ 21 para. 3 KCanG).
5. Document the handover immediately (§ 26 para. 1 KCanG).

Prevention and contact person

Every association must appoint a member as prevention officer. This person is available to members as a contact for questions on addiction prevention (§ 23 para. 4 KCanG). Associations should also cooperate with local addiction counselling centres (§ 23 para. 5 KCanG).

Where you can turn

Whether a particular room or site suits the licence is decided by the competent authority. For questions on the lease or use of rooms, a lawyer specialising in the relevant field can help. This article does not replace legal advice. Further reading includes the articles on the distance from schools and playgrounds and on the monthly quantity for members. All articles on the topic are collected in the cultivation associations section.