“Compliance” for cannabis clubs

We are dedicated exclusively to the criminal defense of individuals – that is, procedural situations in which our clients have already come under the scrutiny of the investigating authorities. We generally leave preventative advice in the form of compliance to others. However, the reason for an exception is the reform of drug law by the Introduction of the Cannabis Act (CanG) in April 2024 – because cannabis and the legal handling of “drugs” are and will remain our specialty.

With the creation of the law, a major step was taken towards the long-demanded End of cannabis prohibition Part of this is the possibility of establishing cultivation associations, as provided for in the Cannabis Act. This was preceded by years of – often irrelevant – debate about the pros and cons of legalization.

The CanG is a compromise in many respects, as evidenced by a Numerous regulations and requirements, which apply to cultivation associations. This applies to all stages – from the correct seed to distribution to members. Even the application process itself varies from state to state. The only common ground here is that there are high hurdles for obtaining a cultivation permit. Furthermore, Section 26 of the CanG (German Cannology Act) stipulates a comprehensive documentation requirement for all work steps for review and control purposes.

For growers' associations is the strict Compliance with the regulations by existential necessityEven minor violations may result in the denial of the cultivation permit or its revocation. Section 27 of the CanG allows government agencies to comprehensively monitor cultivation associations at any time, including compliance with all regulations.

Many places have already announced plans to make full use of these options. Especially in places where cannabis legalization is accepted only with gritted teeth, no leniency in controls can be expected. This threatens a covert continuation of cannabis prohibition.

It is therefore all the more important to keep an eye on the regulations to be observed when establishing and commissioning such a cultivation association. Even after the successful establishment, no negligence can creep in. legal compliance Cultivation associations can put themselves to the test. This way, compliance with the rules can be checked and ensured preventively through legal expertise and already when applying Given the many unique features of cannabis, it is worthwhile to work with lawyers who have not only called for legalization but have already addressed the issue before its tentative implementation.