May clubs pass on propagation material to each other?
Yes, cultivation associations may pass on propagation material to other cultivation associations, but only under the conditions of § 20 KCanG. Propagation material consists of seeds and cuttings of cannabis plants (§ 1 no. 7 KCanG). It does not count as cannabis within the meaning of the law (§ 1 no. 8 letter c KCanG) and is therefore subject to its own rules. This article explains origin, purpose, handover, documentation and the consequences of breaches.
Where the material must come from
Cultivation associations may pass on only the propagation material obtained through shared home cultivation, and then only within their enclosed premises (§ 20 para. 1 sentence 1 KCanG). Material from other sources is not fit for passing on (§ 18 para. 5 KCanG) and must be destroyed without delay (§ 18 para. 3 KCanG). The club must therefore know the origin of its plants and seeds.
Who may receive the material
The law names three groups of recipients (§ 20 para. 1 sentence 1 KCanG): the club's own members, non-members who are at least 18 years old and have a residence or habitual abode in Germany, and other cultivation associations. This circle is therefore wider than for cannabis itself, which may only be passed on to members (§ 19 para. 2 KCanG).
Purpose of passing on between clubs
Propagation material may be passed on to other cultivation associations only for the quality assurance of the cannabis cultivated in the receiving association (§ 20 para. 4 no. 2 KCanG). Members and non-members receive it for private home cultivation (§ 20 para. 4 no. 1 KCanG). For handovers to other cultivation associations and to non-members, the club must demand from the recipient reimbursement of the costs of obtaining the material (§ 25 KCanG).
Place and personal handover
The handover takes place within the enclosed premises. The person handing over and the person receiving must be present in person (§ 20 para. 1 KCanG). Shipping and delivery of cuttings are prohibited (§ 20 para. 5 KCanG). Transport of propagation material 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).
Age check and residence
At every handover to the persons named, the club must strictly check age and residence or habitual abode in Germany, by presenting an official photo identification (§ 20 para. 2 KCanG). If this check is missing, it is an administrative offence (§ 36 para. 1 nos. 16 and 19 KCanG).
How much material may be passed on
For members and non-members, a limit applies per person and calendar month: at most seven seeds, or five cuttings, or at most five seeds and cuttings combined (§ 20 para. 3 KCanG). Exceeding this limit is an administrative offence that can be punished with a fine (§ 36 para. 1 no. 20 and para. 2 KCanG). For handovers to other cultivation associations, § 20 para. 3 KCanG names no unit limit, because it refers to the persons under § 20 para. 1 sentence 1 nos. 1 and 2. The purpose of quality assurance nevertheless limits such handovers. How much is appropriate is clarified with the responsible authority in case of doubt.
Documentation of the handover
The club must document on an ongoing basis (§ 26 para. 1 KCanG): the name and seat of the cultivation association, or the name and address of the person from whom it received propagation material (no. 1), the number of units on the premises (no. 2) and the number of destroyed units (no. 4). For handovers to members, the name, first name, year of birth, number of units and date must be recorded (no. 6). For non-members, only the number of units and the date are required (sentence 2). The law does not give a separate requirement for handovers to other cultivation associations. It is sensible to record recipient, number of units and date nonetheless, so that traceability is preserved. The records must be kept for five years (§ 26 para. 2 KCanG).
What clubs should do now
- Document the origin of every item of material before it is passed on.
- Record the purpose of the handover and, for clubs, name quality assurance.
- Agree the date of the personal handover with both sides.
- Check the official photo identification at every handover.
- Enter the number of units, the date and the cost reimbursement immediately.
What members should know
If your club exchanges material with another club, that is a matter for the board. Ask if you want to understand the process. You may not pass on your own plants from private home cultivation to third parties (§ 9 para. 2 KCanG). The article May a member also cultivate privately? explains more.
How documentation works overall is explained in How must the club document harvest and handover? Passing on seeds and cuttings is covered in May clubs pass on seeds and cuttings? For the basics of the club model, see What does shared home cultivation in a club mean? Further information is offered in the topic area on cultivation associations and clubs.
Frequently asked questions
May cannabis social clubs exchange seeds or cuttings with each other?
Yes. Cultivation associations may pass on propagation material to other cultivation associations (§ 20 para. 1 sentence 1 no. 3 KCanG). It must have been obtained through shared home cultivation and serves the quality assurance of the cannabis in the receiving club (§ 20 para. 4 no. 2 KCanG). The handover takes place within the enclosed premises and in person.
How many cuttings may a club pass on?
To members and adult non-members, at most five cuttings, or seven seeds, or five seeds and cuttings combined per person and calendar month (§ 20 para. 3 KCanG). For handovers to other cultivation associations, the law names no unit limit. If in doubt, the club asks the responsible authority.
Must the receiving club pay anything?
The passing-on club must demand from the recipient reimbursement of the costs incurred in obtaining the propagation material (§ 25 KCanG).