Cultivation clubs in Germany continue to battle legal obstacles and bureaucratic harassment. Ideologically-driven convictions often cause these initiatives to be stifled before they begin. Recently, a cannabis social club in Bavaria capitulated following a legal defeat. In Jena, a club was prohibited from distributing cannabis because it was located only 198 meters—rather than the required 200 meters—from an object that could be interpreted in the broadest sense as playground equipment. These examples illustrate the often absurd hurdles that cultivation clubs face.
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Since organizational and bureaucratic requirements are difficult for individual clubs to manage, a corresponding advocacy organization was founded to serve as a political voice. The Federal Working Group for Cannabis Cultivation Associations (BCAv) advocates for appropriate and uniform framework conditions for Cannabis Social Clubs (CSCs) and recently published a position paper with clear demands.
Proportionality of Advertising Bans and Distance Requirements
One of the central goals of CSCs is effective youth protection. Nevertheless, cultivation clubs should not be subject to arbitrary state action—which is currently often the case. They are subject to comprehensive advertising restrictions, which the BCAv considers disproportionate in their current form. The association therefore demands regulations that on one hand protect youth, while on the other hand ensuring consumers‘ right to information. A cultivation club must be at least clearly identifiable to potential members.
A nationwide uniform regulation regarding the terminology and symbolism clubs can use to inform about their offerings is also requested. Existing distance requirements should also be adapted to reality. Instead of blanket minimum distances to schools or playgrounds, the BCAv demands practical distance regulations based on visibility and actual walking distance.
Clear Rules Instead of Uncertainty
Another concern is the timely clarification of tax regulatory frameworks. Cultivation clubs are non-profit and therefore do not need to charge value-added tax on cannabis distribution to their members. At the same time, the prospect of tax revenue is one of the main arguments for legalization. The BCAv therefore demands clear regulations to avoid future tax assessments.
The term „cutting“ also causes confusion nationwide. When exactly a cutting becomes a plant is currently assessed differently across jurisdictions. The BCAv proposes a uniform official checklist with clear criteria to definitively establish this distinction.
Quality Assurance and Lower-Risk Consumption
To promote the lowest possible risk consumption, CSCs should in the future be able to sell or rent vaporizers and similar accessories. Tobacco replacement products should also be offered. In this context, the BCAv also demands permission for consumption within the club.
Paradoxically, it is currently not permitted to consume cannabis in a cannabis club. This forces consumers to other locations where youth protection is often less guaranteed. The association sees this as contradicting the actual protective goal.
Additionally, the BCAv demands nationwide uniform minimum quality standards for cultivation and production. Laboratory analyses are essential. Therefore, the association explicitly demands permission to ship cannabis samples to laboratories.
Adjustments in Employment Models
Currently, cultivation clubs can only employ marginal workers for plant cultivation. This leads to inefficient operations and complicates compliance with uniform quality standards. The BCAv therefore demands the ability to employ staff on a part-time or full-time basis to improve operational safety and competitiveness against the black market.
Furthermore, the 500-member cap should be abolished. This limitation provides no benefits; rather, it hinders effective efforts to combat the black market.
No Discrimination Against People with Disabilities
According to current law, club members must actively participate in cultivation. For people with physical limitations, this is often impossible. The BCAv therefore demands that participation requirements be extended to include organizational or administrative activities, enabling people with disabilities to participate.
The association also demands special provisions for distribution to mobility-restricted members. Under current law, cannabis can only be distributed directly within the club—a significant disadvantage for those affected. The BCAv therefore advocates for a statutory exemption permitting cannabis delivery to club members.
The complete position paper can be viewed at the following link:
Sollten Cannabis Social Clubs in Deutschland weniger streng reguliert werden?
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