What happens if a club exceeds the quantities?

If a club exceeds the dispensing quantities, the handover is no longer covered by the licence. Possible consequences are revocation of the licence for repeated breaches (§ 15 para. 1 KCanG), measures by the authority (§ 27 para. 3 KCanG), and, depending on the breach, fines or penalties (§§ 34 and 36 KCanG). Which consequence arises in an individual case is decided by the authority and the courts. This article names the provisions and does not replace legal advice.

Which quantities apply

An association may pass on to members aged 21 and over at most 25 grams per day and 50 grams per calendar month, and to young adults at most 25 grams per day and 30 grams per calendar month, with at most 10 percent THC (§ 19 para. 3 KCanG). In addition, the annual quantity set in the licence applies (§ 13 para. 3 KCanG). Cannabis that exceeds it is not eligible for passing on (§ 18 para. 4 no. 3 KCanG) and must be destroyed without delay (§ 18 para. 3 KCanG). To monitor this, the association must document every handover continuously (§ 26 para. 1 KCanG).

Consequences for the licence

The authority may revoke the licence in whole or in part if the association repeatedly exceeds the permitted annual quantities (§ 15 para. 1 no. 2 KCanG), repeatedly hands over cannabis with more than 10 percent THC to young adults, or repeatedly exceeds the dispensing quantities under § 19 para. 3 sentence 2 KCanG (§ 15 para. 1 no. 3 KCanG). It may impose conditions (§ 13 para. 4 KCanG), and the association must comply with an enforceable condition (§ 36 para. 1 no. 8 KCanG). Where there is a justified suspicion of breaches, the authority takes the necessary measures (§ 27 para. 3 KCanG).

Which breaches the law names as regulatory offences

Exceeding a quantity under § 19 para. 3 KCanG is not itself listed in the fines catalogue of § 36 KCanG. The catalogue does, however, name breaches of duty connected with dispensing:

• the age and membership check is not ensured (nos. 16 and 17),
• cannabis that cannot be passed on is not destroyed, or not destroyed in time (no. 15),
• cannabis is shipped or delivered (no. 18),
• cannabis is passed on mixed with tobacco, nicotine, food or additives, or without neutral packaging (nos. 22 to 24),
• the information leaflet or information on risks is missing or incomplete (nos. 25 to 27),
• a notification to the authority is not made, or not made without delay (no. 7),
• a member's self-declaration is not kept (no. 11),
• the authority is not given access or information (nos. 35 and 36).

The fine range is set out in § 36 para. 2 KCanG. It distinguishes two levels depending on the offence.

When a criminal offence may be considered

The exceptions to the ban on passing on and receiving cannabis apply to handover in cultivation associations under §§ 11 to 23, 25, 26 and 29 KCanG (§ 2 para. 3 no. 4 KCanG). If an association hands over or passes on cannabis beyond that, liability under § 34 para. 1 no. 7 KCanG may be considered, with imprisonment of up to three years or a fine. A member who receives more than 25 grams per day or 50 grams per calendar month may be liable under § 34 para. 1 no. 12 KCanG. Cultivation and passing on without a licence are punishable (§ 34 para. 1 no. 15 KCanG). Handing over to children or young people by a person over 21 is especially serious: it is generally a particularly serious case, with imprisonment from three months to five years (§ 34 para. 3 sentence 2 no. 3 KCanG). Each case requires an individual review.

Who checks, and who is responsible

The competent authority inspects cultivation associations regularly and on specific occasion (§ 27 para. 1 KCanG), evaluates the reported quantities (§ 27 para. 2 KCanG), and may inspect documents and make copies (§ 28 para. 2 KCanG). The association must tolerate inspections and provide information (§ 29 KCanG). Persons authorised to represent the association are responsible for compliance. Whether and how a person is personally liable depends on the individual case, and a lawyer specialising in the field can answer that. Authorised representatives must also be reliable: reliability is lacking in particular where concrete facts indicate that the person will not comply with the duties and prohibitions of §§ 17 to 23 KCanG (§ 12 para. 2 no. 2 letter b KCanG).

What associations should do if quantities are exceeded

• Document the incident with date, quantity and persons involved.
• Clarify the cause, for example an error in recording or a missing check.
• Destroy cannabis that cannot be passed on without delay (§ 18 para. 3 KCanG).
• Check whether a duty to notify applies, for example under § 26 para. 5 KCanG where unlawful passing on is suspected.
• Obtain legal advice before making statements to authorities. Persons authorised to represent the association may refuse to give information if doing so would expose themselves or relatives to the risk of criminal prosecution (§ 26 para. 5 sentence 2 and § 29 para. 2 sentence 2 KCanG).

What you should know as a member

If you suspect that the association is recording quantities incorrectly or exceeding them, first speak to the board or the prevention officer. Keep your own handovers in writing. If you are unsure, an advice service or a lawyer specialising in the field can help.

The limits themselves are explained in How much may members receive each month? The annual quantities are described in How are the annual cultivation and dispensing quantities set? How inspections work is shown in How does the authority inspect a club? The duties of the board are explained in When is the board criminally liable? General information is available in the cultivation associations topic pages.