May home-grown cannabis be handed over to a club?

No, the law does not provide for this. Cannabis from private home cultivation may not be passed on to third parties (§ 9 para. 2 KCanG). A cultivation association, in turn, may only pass on cannabis that was cultivated jointly within its fenced-off premises (§ 19 para. 1 KCanG). Cannabis from a member's garden or flat does not fall under this. This article explains the rules. It does not replace legal advice in an individual case.

What private home cultivation allows

Persons aged 18 and over may not grow more than three cannabis plants at the same time for private purposes at their place of residence or habitual abode (§ 9 para. 1 KCanG). The harvest is intended for personal consumption. It may not be passed on to third parties (§ 9 para. 2 KCanG). The ban applies regardless of the quantity and regardless of whether money changes hands.

Why the club is not intended as a buyer

A cultivation association is a registered non-profit association or a registered cooperative (§ 1 no. 13 KCanG). It is a legal person in its own right and therefore, by its wording, not the same as the individual member. At the same time, the law sets out what an association may pass on:

• It may only pass on cannabis cultivated jointly within its fenced-off premises (§ 19 para. 1 KCanG).
• Cannabis that was not cultivated jointly by the cultivation association itself within its fenced-off premises cannot be passed on (§ 18 para. 4 no. 1 KCanG).
• Cannabis that cannot be passed on must be destroyed without delay (§ 18 para. 3 KCanG). If the association acts against this, it commits a regulatory offence (§ 36 para. 1 no. 15 KCanG).

Handing over home-grown cannabis to the association is therefore never a way of bringing that cannabis into the dispensing process. Anyone who hands it over nevertheless violates the passing-on ban. The law makes passing on cannabis contrary to § 2 para. 1 no. 7 KCanG punishable (§ 34 para. 1 no. 7 KCanG). Courts decide how a specific case is to be assessed. A lawyer specialising in the field can classify the situation.

The rules for members

Members may not pass on to third parties cannabis they have received from the association (§ 19 para. 4 sentence 1 KCanG). The association itself passes on cannabis only within the fenced-off premises, from member to member, with both present in person (§ 19 para. 2 KCanG). Shipping and delivery are prohibited (§ 19 para. 4 sentence 2 KCanG). A person may be a member of only one cultivation association (§ 16 para. 2 sentence 2 KCanG).

What applies to propagation material

Separate rules apply to seeds and cuttings. Cultivation associations may only pass on propagation material obtained from jointly conducted home cultivation, and only within their fenced-off premises (§ 20 para. 1 KCanG). Recipients may be members, adult non-members with a place of residence or habitual abode in Germany, and other cultivation associations. Both sides must be present in person, and the association must check age and residence with an official photo ID (§ 20 para. 2 KCanG). Per calendar month, at most seven seeds or five cuttings, or five seeds and cuttings in total, may go to one person (§ 20 para. 3 KCanG). This provision concerns the passing on by the association to outside persons. It does not make finished cannabis from private cultivation eligible for passing on.

Keeping home cultivation and membership separate

The limit of three plants applies to private home cultivation at the place of residence (§ 9 para. 1 KCanG). In the association, members cultivate jointly and must actively take part (§ 17 para. 1 and 2 KCanG). The harvest from the association is documented (§ 26 para. 1 KCanG). Whether members of an association may additionally cultivate privately is answered in the article May a member additionally grow privately?

What to clarify before a handover

• Whether it concerns cannabis or propagation material, as different rules apply to each.
• Whether the association holds a licence under § 11 KCanG. Without a licence, joint cultivation and passing on are punishable (§ 34 para. 1 no. 15 KCanG).
• What the association's articles and house rules say about bringing in and passing on.

If you are unsure, ask the competent authority or obtain advice from a lawyer specialising in the field. If in doubt, do not hand anything over.

Health notes

Anyone who grows their own cannabis and is also a member is best advised to keep an eye on their own use. Cultivation associations must encourage members to use cannabis responsibly and must appoint a prevention officer, who is available as a contact for addiction prevention (§ 23 para. 4 KCanG). If you want to assess your own use, you will find notes under How can you tell yourself whether you are dependent? The rules on joint cultivation are explained in What does joint home cultivation in a club mean? The difference between home cultivation and a club is described in What is the difference between home cultivation and a club? Further information is in the cultivation associations and clubs section.