May a member also grow cannabis privately?

Yes, by the wording of the law this is possible. Private home cultivation of no more than three cannabis plants at the same time is permitted for all persons aged 18 and over at their place of residence or habitual abode (§ 9 para. 1 KCanG). Membership of a cultivation association does not exclude it there. The only restriction for members concerns the number of associations: a person may be a member of only one cultivation association (§ 16 para. 2 sentence 2 KCanG). Both routes follow their own rules, however, and there is a common upper limit for possession quantities. This article does not replace legal advice in an individual case.

What § 9 KCanG regulates for home cultivation

Private home cultivation is limited to three plants at the same time (§ 9 para. 1 KCanG). It is defined as non-commercial cultivation for personal consumption within the home (§ 1 nos. 11 and 12 KCanG). The harvest may not be passed on to third parties (§ 9 para. 2 KCanG). Anyone growing more than three plants at the same time acts criminally (§ 34 para. 1 no. 2 letter a KCanG).

What membership regulates

A person may be a member of only one cultivation association (§ 16 para. 2 sentence 2 KCanG). This is a provision on membership and says nothing about private cultivation. In the association, members cultivate cannabis jointly and must actively take part in doing so (§ 17 paras. 1 and 2 KCanG). This is a different route from private home cultivation. The law names both expressly side by side as exceptions to the ban on cultivation: private home cultivation under § 9 and joint home cultivation in cultivation associations under §§ 11 to 23, 25, 26 and 29 (§ 2 para. 3 KCanG). The article What does joint home cultivation in a club mean? describes the difference.

Possession quantities count together

This is the practically most important limit. At the place of residence or habitual abode, possession of up to 50 grams of cannabis is permitted, for flowers, leaves close to the flowers and other plant material by weight after drying, together with up to three living plants (§ 3 para. 2 sentence 1 KCanG). The total quantity possessed may not exceed 50 grams (§ 3 para. 2 sentence 2 KCanG). This total does not apply separately to the harvest and to cannabis from the association. The two count together. Outside the home, up to 25 grams are permitted (§ 3 para. 1 KCanG). Possession beyond this is permitted only within the fenced-off premises of a cultivation association with a licence, or for transport under § 22 para. 3 KCanG (§ 3 para. 3 KCanG). The association's dispensing quantities (§ 19 para. 3 KCanG) are a separate limit for passing on and do not change the possession limit at home.

Anyone exceeding the limits commits, depending on the quantity, a regulatory offence or a criminal offence. With a total of more than 50 and up to 60 grams, there is a regulatory offence (§ 36 para. 1 no. 1 letter b KCanG). With more than 60 grams, there is a criminal offence (§ 34 para. 1 no. 1 letter b KCanG).

Protection against access by third parties

Cannabis and propagation material must be protected at the place of residence and habitual abode by suitable measures and safety precautions against access by third parties, in particular children and young people (§ 10 KCanG). Anyone who keeps plants at home and possesses cannabis from the association must meet this duty for both. The law does not prescribe which precautions are suitable. The duty applies regardless of the association.

Do not bring the harvest into the club

The harvest from home cultivation may not go to third parties (§ 9 para. 2 KCanG), and the association may only pass on the cannabis it has cultivated jointly within its own fenced-off premises (§ 19 para. 1 KCanG). The article May home-grown cannabis be handed over to a club? explains this further.

Questions you can clarify beforehand

• How many plants are growing at your place of residence at the same time?
• How much cannabis do you have in total at home, counting harvest and association quantities together?
• How do you protect plants and cannabis from access by third parties?
• What do the articles of your association say about membership and duties?

For questions about your situation, the competent authority or a lawyer specialising in the field can help. Courts decide in individual cases.

Health and advice

Anyone combining home cultivation with the association's quantities quickly has more cannabis in the house than they can keep track of. Anyone who notices their own use growing can find support at an addiction counselling service. In the association, the prevention officer is available as a contact for questions on addiction prevention (§ 23 para. 4 KCanG). The article What is the difference between home cultivation and a club? gives an overview of the differences. All topics on cultivation associations are collected in the cultivation associations and clubs section.