Erlaubnis für Anbauvereinigung zum gemeinschaftlichen Eigenanbau und Weitergabe von Cannabis beantragen

Under the conditions of the Consumer Cannabis Act (KCanG), so-called cultivation associations (associations or registered cooperatives) can apply for a permit for the joint cultivation and distribution of cannabis and propagation material.

With the partial legalization of cannabis, so-called cultivation associations (associations or registered cooperatives) can apply to the Thuringian State Office for Agriculture and Rural Areas (TLLLR) for permission to cultivate and distribute cannabis and propagation material collectively.

Complete documentation must be submitted for the application in accordance with Section 11 (4) of the Act on the Handling of Cannabis for Consumption (Consumer Cannabis Act - KCanG).

• Copy of identity card
• Original simple certificate of good conduct
• Original extract from the central trade register
• Copy of membership cards
• Application document
• Association or cooperative statutes
• Contribution regulations
• List of board members and authorized representatives
• List of paid employees
• Proof of prevention
• Health and youth protection concept
• Safety and protective measures concept
• Sampling concept for quality assurance
• Destruction concept
• Transportation concept
• Recall and take-back concept
• Sample documentation requirements
• Sample information sheet for the supply of cannabis
• Sample (image) of neutral packaging

The following requirements must be met/the following data must be transmitted:

• Name, telephone number and electronic contact details as well as the address of the registered office of the growers' association,
• the competent registration court and the registration number of the growers' association,
• First name, surname, date of birth, address and electronic contact details of the board members and other authorized representatives of the growers' association,
• first name, surname, date of birth, address and electronic contact details of all paid employees of the cultivation association who have access to cannabis and propagation material,
• a certificate of good conduct issued no more than three months prior to the application for permission for submission to an authority in accordance with Section 30 (5) of the Federal Central Criminal Register Act (BZRG) for each other person authorized to represent the cultivation association
  -> Board members and persons authorized to represent the growers' associations must have a corresponding level of reliability.
  -> This reliability does not exist if offenses according to § 12 paragraph 2 and 3 of the Consumer Cannabis Act (KCanG) are present.
• information from the Central Trade Register pursuant to Section 150 (1) sentence 1 of the Trade Regulation Act (GewO) issued no more than three months prior to the application for a permit for each member of the board of directors and for each other person authorized to represent the cultivation association,
• the estimated future number of members of the growers' association,
• the location or probable location of the pacified property (cultivation site and delivery point) of the growers' association by town, street and house number, if applicable, the name of the parcel, the name of the building and the part of the building
  -> DThe fenced property of the growers' association for communal home cultivation and the distribution of cannabis grown in communal home cultivation for personal consumption by and to its members must not be located within 200 meters of the entrance area of schools, children's and youth facilities or children's playgrounds.
• the size or expected size of the cultivation areas and greenhouses of the cultivation association in hectares or square meters
• the quantities of cannabis in grams, separated into marijuana and hashish, that are expected to be cultivated and distributed per year,
• a description of the security and protective measures taken or expected to be taken in accordance with Section 22(1) KCanG
  -> The pacified property is secured.
  -> It is protected against access from outside.
  -> The pacified property of the growers' association is not wholly or partly located within a private dwelling or the pacified property of other growers' associations.
  -> The pacified property of the growers' association is not wholly or partly located within a military area.
• First name, surname, date of birth, address and electronic contact details of the prevention officer appointed in accordance with Section 23(4) sentence 2 KCanG, as well as proof of his/her advisory and prevention skills to be provided in accordance with Section 23(4) sentence 5 KCanG
  -> If no proof of prevention can be submitted at the time of application, it is possible for the authority to issue a corresponding permit on condition that the growers' association submits the corresponding proof of training within three months,
• the health and youth protection concept to be drawn up in accordance with Section 23 (6) KCanG in accordance with the guidelines of the Federal Center for Health Education (BZgA) (see link below),
• Association or cooperative statutes

Cultivation associations that are registered non-profit associations or registered cooperatives in accordance with § 1 sentence 1 no. 13 KCanG must fulfill the following minimum requirements in their articles of association:

• Thesole purpose of the cultivation association shall be the communal cultivation of cannabis and the distribution of cannabis grown in communal cultivation by and to its members for personal consumption, the provision of information to members on cannabis-specific addiction prevention and counseling, and the distribution of propagation material obtained in communal cultivation for private cultivation to its members, to other persons who have reached the age of 18, or to other cultivation associations.
• The articles of association must provide for a minimum membership period of three months.
• The articles of association must stipulate that members must have reached the age of 18 and have a place of residence or habitual abode in Germany.
• The articles of association must stipulate that the acquisitionand continuation of membership must be linked to residence or habitual abode in Germany.
• The articles of association ofcooperativesmust stipulate that the profit is not distributed to the members, but is allocated to the legal reserve and other earnings reserves.

All issues relating to growers' associations that are not expressly regulated in the KCanG are governed by the applicable law on associations pursuant to Sections 21 et seq. of the German Civil Code (BGB) and the Cooperatives Act (GenG), in particular with regard to the requirements for the existence and legal personality of the growers' association and the liability of members of the Board of Directors or other authorized representatives. The competent registry court only examines the requirements necessary for the registration of a growers' association in the register of associations or cooperatives in accordance with applicable association or cooperative law.

You can submit the application in writing or online. The online application is preferred.

Once the application has been received, the authority will check it for completeness and you will receive a confirmation of receipt. The application is then processed in accordance with all requirements of theAct on the Handling of Consumer Cannabis (Consumer Cannabis Act - KCanG) and cooperation with other authorities will take place. The examination of the youth and health protection concept is carried out by the Thuringian Ministry of ThuringianMinistry for Social Affairs, Health, Labor and Family (TMSGAF) and by the Thuringian Ministry of Education, Science and Culture (TMBWK).

In the event of incompleteness or additional claims, the growers' association will receive a notice of additional claims.

In the course of processing the application, an on-site inspection will be carried out before the cultivation permit is issued in order to check the plausibility of the application.

Processing time: approximately 3 months

The law on dealing with consumer cannabis (Consumer Cannabis Act - KCanG) provides for this processing period. However, this is an optional regulation.

Note: If the application is incomplete, additional claims will be made. The more additional claims are made, the longer it takes to process the application and the higher the costs.

Period of validity: 7 years

Cultivation is not permitted until a permit has been issued. The permit is valid for 7 years and may only be renewed after 5 years at the earliest. In the event of violations, the permit can be revoked by the authorities at any time.

Further information can be found under the following link.

The following can be displayed/submitted with the online application:

• Transport notification
• Notification of change pursuant to Section 11 (6) of the Consumer Cannabis Act (KCanG)

An objection to the decision may be lodged within one month of notification. The objection must be submitted in writing or for recording at the Thuringian State Office for Agriculture and Rural Areas (TLLLR), Naumburger Str. 98, 07743 Jena. The deadline is also met by timely receipt at a branch office of the TLLLR.

- Cultivation associations can apply for the communal cultivation and distribution of cannabis and propagation material

- responsible: Thuringian State Office for Agriculture and Rural Areas (TLLLR)

Please contact the Thuringian State Office for Agriculture and Rural Areas (TLLLR), Department 21 - Feed and Market Monitoring, Fertilization and Soil Protection.

Thuringian State Office for Agriculture and Rural Areas (TLLLR)

Department 21 - Feed and market monitoring, fertilization and soil protection

Naumburger Str. 98

07743 Jena

E-Mail: konsumcannabisgesetz@tlllr.thueringen.de

Phone: +49 (0) 361 57 4041-417

• Complete application pursuant to § Section 11 (4) of the Act on the Handling of Consumer Cannabis (Consumer Cannabis Act - KCanG)