Cultivation associations and clubs · Shared cultivation and handing on

May members pass on cannabis from the club?

5 min read · Updated 27 October 2026 · Editorial team of The Cherry e.V.

No. Members may not pass on cannabis that they have received from the cultivation association to third parties (§ 19 para. 4 sentence 1 KCanG). The exceptions from the general ban on passing on only cover handover within the association (§ 2 para. 3 no. 4 KCanG). Anyone who gives away or passes on cannabis commits a criminal offence (§ 34 para. 1 no. 7 KCanG), and this applies even if no money changes hands. This article explains what passing on means, how it differs from home cultivation and which penalty ranges apply. It does not replace legal advice.

What passing on means legally

Passing on means that cannabis is handed over to another person. This also applies if the handover seems friendly and nobody pays. Under § 2 para. 1 KCanG, it is prohibited, among other things, to give away or pass on cannabis (no. 7), to make it available for immediate consumption (no. 8), and to administer it (no. 9). Someone who hands a friend a joint makes cannabis available for immediate consumption. This is also punishable under § 34 para. 1 no. 8 KCanG. This applies to friends, acquaintances and family members, even if they are adults.

The difference from home cultivation

The ban also applies to private home cultivation: cannabis from private home cultivation may not be passed on to third parties (§ 9 para. 2 KCanG). This is a separate provision for cultivation at the place of residence and does not concern cannabis from the association. Both rules lead to the same result but have different legal bases. The differences are explained in What is the difference between home cultivation and a club?

How the association hands cannabis over

The association may only pass on cannabis within the fenced-off premises, from member to member, with both present in person (§ 19 para. 2 KCanG). Members aged 21 and over may receive at most 25 grams per day and 50 grams per calendar month, and young adults at most 25 grams per day and 30 grams per calendar month (§ 19 para. 3 KCanG). These limits apply to what the member receives personally. There is no exception for passing on what has been received to third parties. Shipping and delivery are prohibited (§ 19 para. 4 sentence 2 KCanG).

Penalty range

Giving away or passing on cannabis is punishable with imprisonment of up to three years or a fine (§ 34 para. 1 no. 7 KCanG). Attempt is also punishable (§ 34 para. 2 KCanG). If a person over 21 passes cannabis on to a child or young person, it is generally a particularly serious case, with imprisonment from three months to five years (§ 34 para. 3 KCanG). Children are persons under 14, and young people are persons aged 14 to under 18 (§ 1 nos. 18 and 19 KCanG). More is in the article Is passing on to young people punishable?

Friends and family

In the circle of friends the line is often blurred, but in law it is clear: the ban has no exception for quantity, friendship or intention. If you help out a friend who has nothing, you are passing cannabis on. If you are asked for cannabis, you can politely decline and refer to the legal position. If children or young people live in the household, cannabis and propagation material must be protected from their access by suitable measures (§ 10 KCanG). The case of use at home is described in May you smoke at home if children live in the household? Consumption in the immediate presence of persons under 18 is prohibited (§ 5 para. 1 KCanG).

An example

At a party, a member offers guests some of their cannabis. This is passing on to third parties and is not permitted. The fact that nobody pays and the mood is relaxed changes nothing. Anyone who knows that guests will ask keeps their cannabis at home and points out the rule in advance.

What the association must ensure

The association must check age and membership at every handover (§ 19 para. 2 KCanG), document every handover (§ 26 para. 1 KCanG), and encourage members to use cannabis responsibly (§ 23 para. 4 KCanG). At handover it points out risks and counselling services (§ 21 para. 3 KCanG). Whether members know the rules on passing on in the association is a matter for the articles and house rules. An overview is given in the article May a club hand cannabis over to non-members?

Where to get help

If you are unsure whether a handover is permitted, first ask the board of the association. For questions on criminal liability, a lawyer specialising in the field can help. The wording can be read at gesetze-im-internet.de. Courts decide in individual cases.

Frequently asked questions

May I pass cannabis from the club on to friends?

No. Members may not pass on cannabis they have received from the association to third parties (§ 19 para. 4 sentence 1 KCanG). Passing it on is punishable under § 34 para. 1 no. 7 KCanG, even when no money changes hands. Making it available for immediate consumption, for example handing over a joint, is also prohibited (§ 34 para. 1 no. 8 KCanG).

How severe is the penalty for passing on to young people?

The basic offence provides for imprisonment of up to three years or a fine (§ 34 para. 1 KCanG). If a person over 21 passes cannabis on to a child or young person, it is generally a particularly serious case, with imprisonment from three months to five years (§ 34 para. 3 KCanG).