What does controlled dispensing mean under the KCanG?

Controlled dispensing is the heading of § 19 KCanG (and of § 20 KCanG for propagation material). It refers to the rules under which a cultivation association may pass on cannabis to its members: only self-grown cannabis in pure form, only within the fenced-off premises, only from member to member, with age and membership checked, in limited quantities, in neutral packaging and with documentation (§§ 19, 21 and 26 KCanG). Breaches can be regulatory offences or lead to revocation of the licence. This article puts the provisions in order.

Who may carry out the handover

The association may only pass on cannabis that it has grown jointly within its fenced-off premises, and only in the form of marijuana or hashish (§ 19 para. 1 KCanG). Handover takes place from member to member, with both present in person at the same time, for personal consumption (§ 19 para. 2 sentence 1 KCanG). Members may not pass on cannabis they have received to third parties. Shipping and delivery of cannabis are prohibited (§ 19 para. 4 KCanG). Anyone who ships or delivers commits a regulatory offence (§ 36 para. 1 no. 18 KCanG).

Checking age and membership

At every handover, the association must ensure strict checking of age and membership by presenting the membership card together with an official photo ID (§ 19 para. 2 sentence 2 KCanG). If the check is missing, this is a regulatory offence (§ 36 para. 1 nos. 16 and 17 KCanG).

Quantities

Members aged 21 and over may receive at most 25 grams per day and 50 grams per calendar month. Young adults may receive at most 25 grams per day and 30 grams per calendar month, with a THC content of at most 10 percent (§ 19 para. 3 KCanG). Details are described in the article on the age limits for dispensing quantities. In addition, the annual quantity of the licence must be observed (§ 13 para. 3 KCanG). Cannabis that exceeds it is not eligible for passing on (§ 18 para. 4 no. 3 KCanG).

Packaging, information and health protection

Cannabis may not be passed on if it has been mixed, blended or combined with tobacco, nicotine, food, feed or other additives (§ 21 para. 1 KCanG). Handover takes place only in neutral packaging. This includes an information leaflet stating the weight in grams, harvest date, best-before date, variety, average THC content and average CBD content, together with the statutory notices (§ 21 para. 2 KCanG). In addition, the association must provide informative, evidence-based information on dosage, use and risks, as well as references to counselling and treatment services (§ 21 para. 3 KCanG). If these duties are breached, the association commits a regulatory offence (§ 36 para. 1 nos. 22 to 27 KCanG).

Documentation under § 26 KCanG

The association must document continuously: the quantities cultivated, destroyed and in stock; for each handover to a member, name, first name, year of birth, quantity in grams, average THC content and date; and for transport, variety, quantities, accompanying person, date, start and destination address (§ 26 para. 1 KCanG). The records must be kept for five years and transmitted electronically to the authority on request (§ 26 para. 2 KCanG). By 31 January, the association reports the quantities of the previous year (§ 26 para. 3 KCanG).

Transport and propagation material

Cannabis and propagation material may only be stored on the fenced-off premises (§ 22 para. 2 KCanG). Transport of more than 25 grams of cannabis between parts of the premises of the same association is permitted if the parts are directly connected in space or if the conditions of § 22 para. 3 KCanG are met. These include notification to the authority at the latest one working day beforehand, accompaniment by a member, and carrying the membership card, a copy of the licence and a transport certificate. Separate limits apply to seeds and cuttings: 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).

Common mistakes in daily practice

Problems often arise from small things: a handover without an age check, a missing note, a handover without both persons being present, or a missing information leaflet. An association should have a fixed procedure for every handover: check identity documents, compare the daily and monthly quantity, hand over the packaging and information leaflet, and record the handover immediately. The authority inspects regularly (§ 27 para. 1 KCanG).

What this means for members and associations

• Handover takes place in person, on site.
• The quantity depends on age, day and month.
• The packaging is neutral, and the cannabis must not be mixed.
• Every handover is documented, and age and membership are checked.

The guide's section on cultivation associations and clubs covers the duties on the prevention officer and the health concept. A starting point is What is a cannabis social club? Whether members may pass on cannabis is answered in May members pass on cannabis from the club? The consequences of exceeding quantities are explained in What happens if a club exceeds the quantities? Passing on to young people is covered in Is passing on to young people punishable?