How many seeds may a recipient receive per month?
A person may receive from a cultivation association at most seven seeds or five cuttings per calendar month. Alternatively, at most five seeds and cuttings combined may be handed over. This limit is set out in § 20 para. 3 KCanG and applies to members as well as to non-members aged 18 or over with a residence or habitual abode in Germany.
The three variants in the wording
The law sets the limit in three variants. The first: at most seven seeds. The second: at most five cuttings. The third: at most five seeds and cuttings combined. Each variant sets an upper limit. A person may therefore receive seven seeds in one month, but no additional cuttings.
The order of counting matters. Anyone who received three seeds in January may receive further seeds in the same month only up to the limit of seven seeds. The association must keep the total in view, and it must do so anew for every calendar month.
Who the limit applies to
Under § 20 para. 3 KCanG, the limit concerns the persons named in § 20 para. 1 sentence 1 nos. 1 and 2. These are members and non-members who have turned 18 and have a residence or habitual abode in Germany. The wording refers to the persons under numbers 1 and 2, and other cultivation associations are not named there.
For members, the limit is therefore a fixed quantity in everyday practice. Anyone who regularly receives material should keep track of the monthly amount at every handover, not only at the end of the month.
How the association keeps to the limit
The law fixes the limit, not the organisation of the handover. The association therefore needs a simple system that shows the total per person and per month. A list with name, date, number of seeds and number of cuttings can be enough, and it fits the documentation duty under § 26 para. 1 KCanG.
This includes the age check. Before every handover, the association must make sure, under § 20 para. 2 KCanG, by means of an official photo identification, that age and residence are correct. Without this check the handover is already not permitted, regardless of how many seeds have already been handed over in the month.
Documentation under § 26 KCanG
For passing on to members, the name, first name and year of birth as well as the number of units and the date must be recorded (§ 26 para. 1 no. 6 KCanG). For non-members, the number of units and the date are sufficient (§ 26 para. 1 sentence 2 KCanG). The records must be kept for five years and submitted electronically to the authority on request (§ 26 para. 2 KCanG).
This documentation makes the monthly limit verifiable. Without it, it cannot be traced whether the limit was observed.
Consequences of exceeding the limit
Anyone who passes on seeds or cuttings in breach of § 20 para. 3 KCanG commits an administrative offence that can be punished with a fine (§ 36 para. 1 no. 20 and para. 2 KCanG). The same applies if age or residence is not checked (§ 36 para. 1 nos. 16 and 19 KCanG). The authority may also order measures, for example a temporary ban on passing on (§ 27 para. 3 KCanG).
Common misunderstandings
- The limit is a target: The figures are maximum quantities. They must not be understood as a guideline to be used up to the limit.
- Seeds and cuttings count together: Anyone who first hands over five cuttings and then more seeds exceeds the combined limit.
- The limit applies per person: Several persons each receive their own quantities, each within the limit.
- A new month starts a new count: The total begins again with each calendar month.
Two examples of counting
Example one: in March a person receives three seeds and two cuttings. The total is five, which matches the upper limit for seeds and cuttings combined. According to the wording, no further handover is then provided for in the same calendar month, not even of seeds alone.
Example two: in April a person receives seven seeds. This is the upper limit for seeds. No cuttings may be added in this month, because the provision describes the variants as alternatives and does not combine them. How mixed cases are to be counted is addressed only briefly in the wording. If in doubt, ask the responsible authority.
What you can do now
- Set up a list per person and calendar month, with seeds, cuttings and the total.
- Before each handover, check whether the total stays within the three variants.
- Before each handover, check the identification under § 20 para. 2 KCanG.
- Document the number of units and the date under § 26 KCanG.
- Clarify special cases in writing with the responsible authority.
The rules on the handover itself are explained in May clubs pass on seeds and cuttings? For how the club documents harvest and handover as a whole, see How must the club document harvest and handover?
Frequently asked questions
How many seeds may a member receive per month?
Under § 20 para. 3 KCanG, at most seven seeds per calendar month. Alternatively, at most five cuttings, or at most five seeds and cuttings combined. These are upper limits which the association observes anew for every month.
Does the monthly limit also apply to non-members?
Yes, for non-members who have turned 18 and have a residence or habitual abode in Germany. This follows from § 20 para. 3 in conjunction with § 20 para. 1 sentence 1 nos. 1 and 2 KCanG.
What happens if the limit is exceeded?
This is an administrative offence that can be punished with a fine (§ 36 para. 1 no. 20 and para. 2 KCanG). The association stops any further handover immediately, documents the excess and agrees the next steps with the responsible authority. If needed, a specialist lawyer can assess the legal position in the individual case.