Since when have licensed cannabis clubs existed in Baden-Württemberg?

Status: November 2024. Since November 2024, licensed cannabis associations have existed in Baden-Württemberg. According to a notice from the Ministry of Social Affairs dated 19 November 2024, the Regierungspräsidium Freiburg issued the first two licences, one for an association in Achern and one for an association in Mannheim. The authority is responsible for the whole state. Current figures are therefore best requested directly from the Regierungspräsidium Freiburg.

The first licences in November 2024

The Baden-Württemberg Ministry of Social Affairs announced the first licences in a press release dated 19 November 2024. At that time, 66 further applications were pending with the Regierungspräsidium Freiburg. The Regierungspräsidium Tübingen is responsible for supervising the associations. In the notice, the minister said that the first approvals were now in place in the state.

The press release does not give current figures. Anyone who wants to know the present status should therefore ask the Regierungspräsidium.

Who decides in Baden-Württemberg

The Regierungspräsidium Freiburg is the licensing authority for the whole state. It grants the licence for shared cultivation and for passing cannabis on to members under § 11(1) KCanG. The application must be made in writing or electronically and must contain the information and evidence required under § 11(4) KCanG, in German.

Anyone planning to found an association should read the requirements of the law in full before applying. The list is set out in the law itself.

What a licence means for members

Only people who are at least 18 years old and have a residence or habitual abode in Germany can become members of a cannabis association (§ 16(1) and (4) KCanG). A person may be a member of only one cannabis association (§ 16(2), second sentence, KCanG). An association may have at most 500 members (§ 16(2), first sentence, KCanG). Only members may grow cannabis together (§ 17(1) KCanG).

Duties of the association

The board appoints a member as prevention officer (§ 23(4) KCanG). The association must contribute to comprehensive youth and health protection and draw up a health and youth protection concept for this purpose (§ 23(4) and (6) KCanG). These duties apply to every association, regardless of the state in which it is based.

What applies even without an association

From the age of 18, possession of up to 25 grams of cannabis is permitted (§ 3(1) KCanG). At the place of residence or habitual abode, up to 50 grams of flowers is permitted (§ 3(2) No. 1 KCanG). Home cultivation is limited to a maximum of three cannabis plants at the same time (§ 9(1) KCanG). Cannabis from home cultivation may not be passed on to third parties (§ 9(2) KCanG).

Prevention and youth protection

On the enclosed premises of an association, people under 18 have no access (§ 23(1) KCanG). Consumption is prohibited in schools, on children’s playgrounds and in children’s and youth facilities, including within sight of them (§ 5(2) KCanG).

According to the Federal Institute for Public Health (BIÖG), the young brain is in an important stage of development. Consumption can affect this development. Anyone supporting young people should be able to explain this.

What has changed with the first licences

Since the first licences, associations in the state have been measured against the same standard as in the rest of the country. Shared cultivation and passing cannabis on to members require a licence (§ 11(1) KCanG).

An application needs complete documents before the authority can decide. If a detail required under § 11(4) KCanG is missing, the procedure is delayed. Anyone preparing documents should therefore check the list in the law in advance.

What members in Baden-Württemberg should consider

Only people who are at least 18 years old and have a residence or habitual abode in Germany can become members (§ 16(1) and (4) KCanG). A person may be a member of only one cannabis association (§ 16(2), second sentence, KCanG).

The articles of association govern admission, contributions and participation. Anyone wishing to join should read them beforehand and ask how the supply is organised.

Prevention in the south-west

Youth protection applies equally across the whole state. On the enclosed premises, people under 18 have no access (§ 23(1) KCanG). Consumption in schools, on playgrounds and in youth facilities remains prohibited (§ 5(2) KCanG).

The BIÖG points out that the young brain is in an important stage of development. Anyone supporting young people can explain this in conversation.

A first licence says nothing about the size of an association or its work. Anyone who wants to know the situation in the state should ask the Regierungspräsidium Freiburg, as it is the state-wide competent body.

Who provides information in Baden-Württemberg

Information about individual associations is provided by the Regierungspräsidium Freiburg. General questions about the law are answered by the text of the law itself, available at gesetze-im-internet.de.

The Regierungspräsidium grants the licence under § 11 KCanG. Duties such as the prevention officer also apply in the south-west (§ 23(4) KCanG).

What you can do now

• Ask the Regierungspräsidium Freiburg for the current status of licences.
• Read the articles of association of an association before you become a member.
• For questions about your own use, call the Sucht und Drogen Hotline: 01806 313031.

For individual questions about penalties, possession or driving licences, a specialist lawyer can help. Background on prevention questions is available on the youth protection page. For the position in other states, see the article on Hesse and the section on current affairs and legal developments.