Must the club report its number of plants?

A cannabis social club does not have to report a number of plants, because the law does not expressly require one. It must, however, document on an ongoing basis how much cannabis it cultivates, passes on and destroys, and it has several reporting and notification duties towards the responsible authority. This article explains what has to be documented and reported, and when (§§ 11, 22 and 26 KCanG).

What section 26 requires to be documented continuously

Cultivation associations must document certain information on an ongoing basis to prove traceability (§ 26 para. 1 KCanG). This is a duty, not a recommendation. It includes:

• the name and address of each person, or the name and seat of each cultivation association, from which propagation material was received (no. 1),
• the quantities of cannabis in grams and the number of units of propagation material on the enclosed premises (no. 2),
• the quantities of cultivated cannabis in grams (no. 3),
• the quantities of destroyed cannabis in grams and the number of destroyed units of propagation material (no. 4),
• the name, first name and year of birth of each member to whom cannabis was passed on, with the quantity in grams, the average THC content and the date (no. 5),
• for propagation material for members, name, first name, year of birth, number of units and date (no. 6), and for non-members only the number of units and the date (sentence 2),
• information on transport under § 22 para. 3 KCanG (no. 7).

A number of plants does not appear on this list. The records must be kept for five years and submitted electronically to the authority on request (§ 26 para. 2 sentence 1 KCanG).

Which reports to the authority are mandatory

• Annually by 31 January: the quantities in grams cultivated, passed on and destroyed in the previous year, and the stock at year end, broken down by variety and by average THC and CBD content (§ 26 para. 3 KCanG).
• Also annually by 31 January: the documented information of the previous year in anonymised form, for evaluation (§ 26 para. 2 sentence 2 KCanG).
• Without delay: the suspicion that passed-on cannabis or propagation material poses a health risk beyond the typical dangers of use (§ 26 para. 4 KCanG), and the suspicion of loss or unauthorised passing on (§ 26 para. 5 KCanG).
• At the latest one working day before the start: notification of a transport of more than 25 grams between separate parts of the premises (§ 22 para. 3 no. 3 KCanG).
• Without delay after the association learns of them: changes to the information given in the permit application, for example to the cultivation area, the number of members or the security measures (§ 11 para. 6 KCanG).

Missing, incorrect or late notifications are administrative offences (§ 36 para. 1 nos. 7, 30 and 34 KCanG), which can be punished with a fine (§ 36 para. 2 KCanG).

Why the three-plant limit does not apply to the club

The limit of at most three cannabis plants at the same time concerns private home cultivation at the place of residence (§ 9 para. 1 KCanG). For a club, the permit is limited to annual home cultivation and passing-on quantities that are expected to be needed for the members' personal use (§ 13 para. 3 KCanG). In the application the club states the size of the cultivation areas in hectares or square metres and the quantities in grams expected to be cultivated per year (§ 11 para. 4 nos. 8 and 9 KCanG). Here too, no number of plants is mentioned.

Counting plants internally

The law does not regulate whether a club additionally counts its plants. A simple internal list of growth phases, removals and destructions helps with planning and makes quantity figures in grams traceable. It should match the harvest and destruction records, because discrepancies stand out in an inspection.

What counts during an inspection

The authority carries out regular spot checks and inspects on site (§ 27 para. 1 KCanG). Among other things, it may inspect all business documents and data carriers, make copies and secure digital data (§ 28 para. 2 KCanG). The association must tolerate this and provide information. A person who would expose themselves or relatives to a risk of criminal prosecution by giving information may refuse to answer, and must be informed of this right (§ 29 KCanG). The board should name one person who maintains the records and answers follow-up questions.

What members should know

As a member, you do not have to keep the documentation yourself. Your handovers are, however, recorded with name, year of birth, quantity, THC content and date. If something is wrong, speak to the board.

The article May a member also cultivate privately? explains the limits for home cultivation. The article How must the club document harvest and handover? shows what exactly has to be documented. The article What is the difference between home cultivation and a club? explains how the club is separated from home cultivation.

The topic area on cultivation associations and clubs summarises the club's duties as a whole. The article How does the authority inspect a club? describes the authority's inspections.