Cannabis Social Club (CSC) Germany

A cannabis club is an association that cultivates cannabis and distributes the products to its members . Such a club may not make a profit and must follow many other rules and prohibitions. More on that in a moment. A corresponding law is in preparation. If everything goes as planned, it could be ready in the course of this year.

What is the purpose of such a club?

Cannabis clubs are initially the only way to legally cannabis to buy. The background to this: Actually, the German federal government had envisioned a comprehensive legalization of cannabis planned. But that is not possible at the moment. Too many European and international laws and treaties stand in its way. What is nevertheless possible is to decriminalize marijuana for private use. In other words, producing and selling cannabis commercially would still be prohibited, but anyone caught with a “small amount” for personal use would get off scot-free. This small amount was not clearly defined for a long time. Instead, the states have determined that for themselves. Now, clear, nationwide boundaries are to be established here. More about that in a moment.

However, decriminalization alone does not go far enough for the federal government. Because in that case, the products would continue to come from uncontrolled and unregulated sources. It therefore wants there to be officially approved sources of supply to complement this. In this way, it wants to ensure, for example, that the protection of minors is guaranteed and also the quality of the products.

Cannabis clubs are thus a compromise. Instead of fully legalizing marijuana, cultivation, distribution, and consumption will be allowed solely for private individuals within certain limits. And in addition to growing your own, these clubs are among the ways to obtain marijuana legally.

What are the rules and prohibitions?

According to the plans now presented, these clubs are to be organized in exactly the same way as other registered associations in Germany. However, they cannot have more than 500 members.

They are allowed to “cultivate cannabis for recreational purposes and distribute it to members for personal consumption, as well as seeds and cuttings for personal cultivation.” This is how the Federal Minister of Health, Prof. Karl Lauterbach, and the Federal Minister of Agriculture, Cem Özdemir, put it at the beginning of April. Only the members of the club are allowed to participate in the cultivation, no outsiders.

These clubs are allowed to hand out a maximum of 25 grams of cannabis per day to a member , and no more than 50 grams per month. Other caps: a maximum of 7 seeds or 5 cuttings per month.

For people under 21, the maximum is 30 grams per month. In addition, the THC content in this case should be limited. THC (tetrahydrocannabinol) is responsible for the cannabis high.

Not allowed are processed products. So here we are talking about the products in pure form, such as flowers or resin. Neutral packaging or delivery in bulk is also prescribed. In any case, information about the product must be available, such as:

• Variety
• usual average THC content
• Content of other cannabinoids like CBD

Also required: Information on dosage and use, risks of use, and counseling centers.

In the future, it may be possible to buy seeds or cuttings for private cultivation through such associations even without membership. This has not yet been finally decided.

Cultivation and harvest quantities are limited to the actual needs of the members. What is delivered to whom must be documented. At the same time, the Club may not disclose this information to third parties.

Last but not least, quality specifications apply to cultivation:

• No additives
• no additives (tobacco, flavors)
• no synthetic cannabinoids
• Plant protection products only permitted to a limited extent

Pleasure cannabis clubs are not allowed to import or export. So it’s all geared toward restricting marijuana products to the club. But at the same time, of course, such a club must get the seeds for the first cultivation. This is to be made possible in a way that is not yet more precisely defined. Whether the association is allowed to import something from other countries for this purpose is still being examined.

Another important rule: no marijuana consumption on the premises of the club. Alcohol, tobacco or “other stimulants and intoxicants” may also not be available in parallel.

How can I become a member?

An important basic condition for membership: the minimum age is 18. A strict age check is mandatory. Members must have their “domicile or habitual residence” in Germany. Moreover, a person can be a member of only one such club.

In addition, cannabis clubs could, of course, set their own rules and conditions. At the same time, members are subject to all rights and obligations that belong to an association membership.

For example, members have the right to attend club events, request (or even force) a general meeting, and stand for election to a position within the club.

Their duties, in turn, include paying their dues and “promoting the interests of the association and refraining from conduct detrimental to the association,” according to the Federal Ministry of Justice.

How can I start a club in Germany?

Not everyone who wants to start such a club will be able to. “The number of associations may be limited according to population density,” the key points to the proposed law state, for example. In other words, a region could decide that it will not allow any more such associations. At present, it seems open whether some states and municipalities will refuse altogether.

Those who wish to set up their own association will also be “checked for reliability”. This is not explained in more detail in the key points. To be suspected: If someone has been in conflict with the law in the past, for example, or if authorities have become aware of this person for other reasons, this could be a reason for refusal.

Furthermore, the management of the association may only consist of natural persons. This means that other organizations or even companies are not allowed at the top.

The association also needs youth protection, addiction and prevention officers with “proven expertise.” Clubs must cooperate with local addiction prevention and counseling centers and maintain a minimum distance from schools, daycare centers and similar institutions .

In addition, a “general ban on advertising” applies to these associations. In contrast, “factual information” is permissible. So clubs probably can’t solicit new members with an ad, but they can put the club in a directory, for example.

In addition, a greater challenge could be the planned “minimum protection measures” that the association requires for its premises and the annex. For example, the key issues paper mentions fences and other measures against burglaries.

Otherwise, “The association shall be governed in accordance with the principles of the law of associations.” For more information, see this PDF from the Federal Ministry of Justice, for example.

How is this different from “cannabis social clubs” in other countries?

Similar models to the one now planned in Germany have long been known to insiders from other places. Such facilities were already popular in the 1920s, for example, in the USA, when alcohol was banned in the wake of Prohibition.

The European Coalition for Just and Effective Drug Policies (ENCOD) brought up the term “cannabis social club” in 2005 to revive the idea.

In Malta, such clubs are now legal since December 2021. Switzerland, in turn, is currently testing the model with pilot projects in Basel, Lausanne and Zurich.

In other countries, such as Spain, they are in a legal gray area. In Barcelona, for example, there are more than 200 such clubs, although there is no legal regulation. In Germany, too, some have taken the initiative into their own hands in the past.

One major difference between the German government’s current plan and other associations elsewhere is that, as described above, the “social” component is not to be permitted. Cannabis is not consumed on the premises of the association, but only dispensed.

What is the difference to “coffeeshops” in the Netherlands?

The Netherlands has found a different twist to allow cannabis for private individuals. Thus, the sale of corresponding products such as joints or edibles is tolerated in the famous “coffee shops”. 5 grams of cannabis per person are allowed. The stores are allowed to be profit-oriented, while German cannabis clubs are prohibited from doing so.

In addition, there are no regulations in the Netherlands, for example, on the quality and purity of the goods offered, because according to the official reading, the cannabis trade is still prohibited. The same applies to cultivation. The coffee shops must therefore currently obtain their goods illegally in order to be able to sell them tolerated.

This situation is now set to change. In October 2023, a test with legally grown marijuana is planned in the Netherlands. Ten municipalities are expected to participate. Later, the government plans to discuss broader legalization.

Does this mean that cannabis is now legal in Germany?

The answer to this is only partly. There are several reasons for this.

So far, we are only talking about key points for a planned law. So as of today, the cannabis situation hasn’t changed at all. That should come first, ideally this year. But even then, cannabis is not legal on a large scale.

If the law comes as presented now, for example, only within limits the cultivation and self-consumption will be exempt from punishment. Thus, under current plans, one may carry up to 25 grams of cannabis. If someone is caught with more, the person is out of luck. Also, you are not allowed to give your cannabis to non-members of the club or even to children and teenagers. No more than three “female flowering plants” are to be allowed for private home cultivation, which must also be protected from access by children and young people.

So far, it is unclear which limits should apply to cannabis in road traffic. This is still under review by expert committees. The same applies to shipping and air traffic. If minors are caught with cannabis or even using it, they must participate in early intervention and prevention programs.

Outlook: Model regions for cannabis legalization

In a second stage, the federal government wants to try again to push for broader cannabis legalization. To this end, it is seeking “model regions” in which the original plan will be tested and scientifically monitored.

These tests are intended to provide facts and findings to pave a way towards general cannabis legalization, ideally right across the EU.

But it will probably be several years before that happens. The trial of model regions could start this year or next and is designed to run for up to five years.