How must the club secure cannabis against unauthorised access?

A cultivation association must secure cannabis and propagation material so that unauthorised persons have no access to them. The law expressly names children and young people as the persons from whom protection is required (§ 22 para. 1 KCanG). The security concerns the entire enclosed premises, storage and transport. Anyone planning it should take all three areas equally seriously.

What the law requires for security

Under § 22 para. 1 KCanG, cultivation associations must protect cannabis and propagation material against access by unauthorised third parties. The enclosed premises on or in which cannabis and propagation material are cultivated, obtained or stored must be secured against unauthorised entry and against removal by fencing, burglar-proof doors and windows, or other suitable protective measures.

The legislator therefore names three protective goals: access, entry and removal. Anyone who only locks the door but leaves the window open does not meet these goals. The security must suit the building and the site.

Storage only on the permitted premises

One strict rule concerns the location. Cultivation associations may not store cannabis and propagation material outside the enclosed premises named in the permit under § 11 para. 1 KCanG. Moving them to other places is also generally prohibited, with the exceptions that the law itself names (§ 22 para. 2 KCanG).

For the association this means that storerooms, rooms and greenhouses must belong to the site described in the permit. A storeroom in the basement of a neighbouring building, or a cupboard at a board member's home, is therefore not an option as long as it is not part of the premises.

Transport within the site and beyond

In certain cases the law allows transport. Transport of more than 25 grams of cannabis between parts of the enclosed premises of the same cultivation association is permitted if the parts are directly connected to each other spatially. If they are not, additional conditions apply (§ 22 para. 3 KCanG). These include that the quantity amounts to at most one twelfth of the annual permitted home cultivation and passing-on quantity, that the transport is accompanied by a member, and that the cultivation association notifies the transport in writing or electronically at the latest one working day in advance.

In addition, the law requires a transport certificate. It must contain the name and address of the seat, the date, the start and destination addresses, the quantities in grams and varieties, and the contact details of the responsible authority (§ 22 para. 4 KCanG). The member who carries out the transport also carries the membership card, a copy of the permit and the signed certificate (§ 22 para. 3 no. 5 KCanG).

For propagation material a separate rule applies: transport between parts of the enclosed premises of the same cultivation association, or between premises of different cultivation associations, is permitted insofar as § 20 para. 5 KCanG does not provide otherwise (§ 22 para. 5 KCanG).

Burglary, theft and suspicion

If cannabis or propagation material goes missing, or there is a suspicion of unauthorised passing on, the cultivation association must inform the responsible authority without delay (§ 26 para. 5 KCanG). This also applies if the suspicion remains unexplained. Persons authorised to represent the association may refuse to give information if doing so would expose themselves or a relative to the risk of criminal prosecution.

Destruction is also important. Cannabis that is not fit for passing on must be destroyed by the cultivation association without delay (§ 18 para. 3 KCanG). Documented destructions belong to the information that must be recorded under § 26 KCanG.

Organisational security in the association

Technical protective measures work best together with clear procedures, for example for handling keys and access. An association should specify who has access, who manages keys and how entries are recorded. The prevention officer can play a role here, because he or she helps implement the measures for youth and health protection (§ 23 para. 4 KCanG).

Visitor access rules belong here too. Persons under 18 may not enter the enclosed premises (§ 23 para. 1 KCanG). At every handover, the association must check age and membership with the membership card and an official photo identification (§ 19 para. 2 KCanG), and for propagation material check age and residence with an official photo identification (§ 20 para. 2 KCanG).

Consequences of inadequate security

Security is already a topic at the application stage: the permit presupposes that the association guarantees protection against unauthorised access (§ 11 para. 3 no. 2 KCanG), and the application contains a description of the security and protection measures (§ 11 para. 4 no. 10 KCanG). If the premises are not secured under § 22 para. 1 sentence 2 KCanG, the permit must be refused (§ 12 para. 1 no. 6 KCanG). During operation, missing security is an administrative offence that can be punished with a fine (§ 36 para. 1 nos. 6, 28 and 29 and para. 2 KCanG).

Typical mistakes

• Gaps in the fencing: An open gate or an unlocked side entrance makes even the best protective measure ineffective.
• Keys held by individuals: If only one person has access and that person is unavailable, access is lost. Conversely, too wide a distribution of keys is a risk.
• Transport without a certificate: Without the required papers, transport of more than 25 grams between parts that are not directly connected is not permitted.
• Suspicion without notification: Anyone who first wants to clarify a loss internally loses valuable time.

What you can do now

1. Inspect the enclosed premises for gaps in fencing, doors and windows.
2. Set down in writing who has access, who manages the keys and how access is recorded.
3. Check whether all storage locations belong to the site named in the permit.
4. Prepare a template for the transport certificate under § 22 para. 4 KCanG.
5. Appoint a person who informs the authority immediately in case of loss or suspicion.

On how protection and screening work together, read How must cultivation areas be protected from view from outside? The role of prevention is explained in Who is the prevention officer and what do they do?