May clubs pass on seeds and cuttings?

Yes, clubs may pass on seeds and cuttings, but only under narrow conditions. The Consumer Cannabis Act (Konsumcannabisgesetz, KCanG) distinguishes precisely by origin, place, recipient, purpose and form of handover. Anyone who does not observe these points cleanly acts outside the permit. This article explains the rules in the order in which they arise in everyday practice.

Where the material must come from

Propagation material may only be passed on if it was obtained through shared home cultivation (§ 20 para. 1 KCanG). Propagation material is also not fit for passing on if it was not obtained through shared home cultivation within the enclosed premises, or if the cultivation association does not hold a permit under § 11 para. 1 KCanG (§ 18 para. 5 KCanG). Propagation material that is not fit for passing on must be destroyed without delay (§ 18 para. 3 KCanG).

Purchased material or material brought in privately therefore does not fall under the club's handover. The association should therefore record every plant and every seed as part of its own cultivation from the outset.

To whom passing on is allowed

The law names three groups of recipients:

• Members of the cultivation association (§ 20 para. 1 sentence 1 no. 1 KCanG),
• non-members who have turned 18 and have a residence or habitual abode in Germany (no. 2),
• other cultivation associations (no. 3).

For every handover, the recipient must therefore be checked first. A member who has only just joined belongs to the first group. For persons without a residence or habitual abode in Germany, the second group does not apply.

In person and within the premises

The handover may only take place within the enclosed premises of the cultivation association (§ 20 para. 1 KCanG). In addition, the person handing over and the person receiving must be present in person at the handover. The law expressly requires this personal presence, and it is the main reason why shipping is out of the question.

Age check with a photo identification

At every handover to members and non-members, the association must ensure that age and residence or habitual abode in Germany are strictly checked. This is done by presenting an official photo identification (§ 20 para. 2 KCanG). This check is the central youth protection measure at this point. Anyone who hands over without an identification cannot meet the requirement.

For children and young people, the position is clear. Under § 23 para. 1 KCanG, cultivation associations may not grant access to the enclosed premises to persons under 18. A handover to minors is therefore excluded.

Purpose of the handover

The law names two permitted purposes. For members and non-members, the handover serves private home cultivation. For other cultivation associations, it serves the quality assurance of the cannabis cultivated in the receiving association (§ 20 para. 4 KCanG). The association should know the purpose at every handover and record it.

Quantities per month

The quantities are limited per calendar month. A person may receive at most seven seeds or five cuttings, or at most five seeds and cuttings combined (§ 20 para. 3 KCanG). This limit applies to members and non-members. The article How many seeds may a recipient receive per month? explains the limit in more detail.

Shipping of cuttings and seeds

For cuttings, shipping and delivery are expressly prohibited (§ 20 para. 5 KCanG). This applies regardless of who arranges the shipment.

For seeds, the law contains no separate shipping ban. However, passing on is tied to the personal presence of both sides within the enclosed premises (§ 20 para. 1 KCanG), so shipping is not provided for. The article May clubs send seeds? covers this in more depth.

Costs and documentation

For passing on to other cultivation associations and to certain non-members, the association must demand reimbursement of the costs of obtaining the material (§ 25 KCanG). The article What does cost recovery mean for handovers? explains the details.

Documentation is governed by § 26 para. 1 KCanG. When passing on to members, the name, first name and year of birth of the member, the number of units of propagation material and the date must be recorded. For non-members, the number of units and the date are sufficient (§ 26 para. 1 sentence 2 KCanG).

Consequences of breaches

Anyone who passes on seeds or cuttings beyond the monthly limit, ships or delivers cuttings, or omits the check of age and residence commits an administrative offence (§ 36 para. 1 nos. 16, 19, 20 and 21 KCanG). This can be punished with a fine (§ 36 para. 2 KCanG). The authority may also order measures (§ 27 para. 3 KCanG).

Common mistakes

• Shipping cuttings: A parcel with cuttings breaks the express ban.
• Handover without an identification: Without a check of age and residence, the basis of the handover is missing.
• Wrong origin: The association may not pass on material that does not come from its own cultivation.
• Handover outside the premises: Passing on is limited to the enclosed premises.

What you can do now

1. Record every plant and every seed as coming from your own cultivation.
2. Decide who carries out handovers and who checks identifications.
3. Keep a list with recipient, number of units, date and monthly total.
4. Do not ship cuttings or seeds. Hand material over in person on the enclosed premises, and ask the authority if a case is unclear.
5. Check every handover against the monthly limit under § 20 para. 3 KCanG.

For the duties that belong to the association here, see How must the club document harvest and handover? The rules on youth protection in the club are explained in May persons under 18 enter the premises of a cultivation association?