These summaries are no substitute for legal advice. Only the official wording is binding; we link to it for every provision.
Technical terms are explained in the Glossary.
Last updated: 7 October 2026
Consumer Cannabis Act (KCanG)
- § 1 KCanGDefinitions
The Act sets out what its terms mean. Under it, a cultivation association is a registered non-commercial association or a registered cooperative. Its sole purpose: joint, non-commercial cultivation for own use, passing on cannabis to members for their own consumption, passing on seeds and cuttings, and informing members about addiction prevention and counselling. A place counts as a residence if someone has had a home there for at least six months.
- § 1 no. 5 KCanGHashish
Under the Act, hashish is the separated resin of the cannabis plant. Apart from marijuana, it is the only form in which cultivation associations may pass on cannabis to their members (§ 19 para. 1).
- § 1 no. 7 KCanGPropagating material
Propagating material means seeds and cuttings of cannabis plants. Under no. 6, cuttings are young plants or parts of shoots that are intended for growing new plants and do not yet have any flowering or fruiting parts.
- § 1 no. 13 KCanGCultivation association
Cultivation associations are registered non-commercial associations or registered cooperatives. Their sole purpose is joint, non-commercial cultivation for own use, passing on cannabis for own consumption by and to members, passing on propagating material and informing members about addiction prevention and counselling.
- § 1 no. 16 KCanGResidence and habitual abode
A residence is a place where someone has had a home for at least six months in circumstances showing that they will keep and use it. A habitual abode is a place where someone stays other than just temporarily. The Act assumes this after an uninterrupted stay of at least six months.
- § 2 KCanGHandling cannabis
In principle, almost any handling of cannabis is prohibited: possession, cultivation, manufacture, trade, import and export, supply, passing on and acquisition. For adults aged 18 and over, the Act makes exceptions: permitted possession under § 3, private home growing under § 9, and joint cultivation and passing on in cultivation associations. None of these exceptions apply to minors.
- § 2 para. 1 no. 3 KCanGBan on manufacture
Manufacturing cannabis is prohibited. Unlike possession and home growing, the Act makes no exception for adults here; it is only possible with a licence for scientific purposes. Anyone who breaks this ban commits a criminal offence (§ 34 para. 1 no. 3).
- § 2 para. 1 no. 5 KCanGBan on import and export
It is prohibited to bring cannabis into Germany or take it out of Germany (no. 5), and also to transport it through Germany in transit (no. 6). There is no exception for adults or for small amounts; a licence for scientific purposes is only possible for import and export. Breaking these rules is a criminal offence (§ 34 para. 1 nos. 5 and 6).
- § 3 KCanGPermitted possession of cannabis
From 18, you may possess up to 25 grams of cannabis for your own use; for flowers, the weight counts after drying. At your residence or habitual abode, up to 50 grams and up to three living plants are allowed. In total, it may never be more than 50 grams.
- § 3 para. 1 KCanGPossession of up to 25 grams
From 18, you may possess up to 25 grams of cannabis for your own use; for flowers, the weight counts after drying. This limit applies everywhere except at your residence or habitual abode, where para. 2 allows up to 50 grams and three living plants.
- § 5 KCanGBan on consumption
Consumption is prohibited in the immediate presence of people under 18, everywhere. It is also prohibited in public in schools, on children’s playgrounds, in children’s and youth facilities, in publicly accessible sports facilities and on the premises of cultivation associations, in each case also within sight of them, and in pedestrian zones between 7 am and 8 pm. A place is no longer within sight at a distance of more than 100 metres from the entrance area. In military areas of the German armed forces (Bundeswehr), consumption is prohibited entirely.
- § 5 para. 1 KCanGBan on consumption in the presence of minors
You may not consume cannabis in the immediate presence of people under 18. This applies everywhere, including at home and outside the no-consumption zones.
- § 5 para. 2 KCanGPublic no-consumption zones
Public consumption is prohibited in schools, on children’s playgrounds, in children’s and youth facilities, in publicly accessible sports facilities and on the premises of cultivation associations, in each case also within sight of them. In pedestrian zones, the ban applies between 7 am and 8 pm. A place is no longer within sight at a distance of more than 100 metres from the entrance area.
- § 5 para. 2 no. 1 KCanGSchools, playgrounds, youth facilities, sports facilities
Public consumption is prohibited in schools and within sight of them (no. 1). Under nos. 2 to 4, the same applies to children’s playgrounds, children’s and youth facilities and publicly accessible sports facilities. A place is no longer within sight at a distance of more than 100 metres from the entrance area.
- § 5 para. 2 no. 5 KCanGPedestrian zones
In pedestrian zones, public consumption is prohibited between 7 am and 8 pm. Outside these hours, the other bans still apply there, for example in the presence of minors or within sight of a school.
- § 5 para. 2 no. 6 KCanGPremises of cultivation associations
Public consumption is prohibited on the enclosed property of cultivation associations, that is, on their grounds secured against entry, and within sight of it. A place is no longer within sight at a distance of more than 100 metres from the entrance area.
- § 5 para. 3 KCanGBan on consumption in the armed forces
Consumption is prohibited in military areas of the German armed forces (Bundeswehr).
- § 6 KCanGGeneral ban on advertising and sponsorship
Advertising and any form of sponsorship for cannabis and for cultivation associations are prohibited. Under § 1 no. 14, advertising means any commercial communication that is intended to promote, directly or indirectly, the consumption or passing on of cannabis, has that effect or is likely to have that effect.
- § 7 KCanGEarly intervention
If minors break the ban on possession, cultivation or acquisition without committing a criminal offence, the police or the public order authority informs their parents or guardians without delay. If there are substantial indications that the child’s welfare is at risk, for example because of risky use, they also inform the youth welfare office. The youth welfare office must work with the parents or guardians towards the young person taking part in an early intervention programme.
- § 9 KCanGPrivate home growing
From 18, you may grow up to three cannabis plants at the same time at your residence or habitual abode. You may not pass on what you harvest from them to others.
- § 10 KCanGProtective measures in private spaces
At home, cannabis, seeds and cuttings must be protected from access by others through suitable measures, especially from children and young people. A breach is an administrative offence and can cost up to €30,000.
- § 11 KCanGLicence requirement
Anyone who grows cannabis jointly and passes it on to members for their own use needs a licence from the competent authority. It is only granted to cultivation associations. Their responsible persons must be reliable, and the association must secure the cannabis against access by unauthorised persons, especially children and young people, and comply with all other requirements of the Act.
- § 14 KCanGDuration of the licence
A cultivation association’s licence is limited to seven years. It can be extended on application after five years at the earliest.
- § 15 KCanGRevocation and withdrawal of the licence
The authority can revoke the licence in full or in part, for example if the association uses premises other than those approved, repeatedly exceeds the permitted quantities, repeatedly passes on cannabis with more than 10 % THC to 18 to 20-year-olds, does not use the licence for two years or repeatedly obstructs inspections. Otherwise the Administrative Procedure Act applies.
- § 15 para. 2 KCanGApplication of the Administrative Procedure Act
For revoking and withdrawing the licence, the rules of the Administrative Procedure Act apply in all other respects. In North Rhine-Westphalia, this is the Administrative Procedure Act of North Rhine-Westphalia, because a state authority decides on the licence here. It sets out, for example, when a lawful licence may be revoked and when compensation is paid for this (§ 49 VwVfG NRW).
- § 16 KCanGMembership
Only adults who prove that they have their residence or habitual abode in Germany and confirm in writing or electronically that they are not a member of another cultivation association can become members. Under § 1, residence or habitual abode means a place where someone has lived for at least six months. A cultivation association may have no more than 500 members; associations must provide for a minimum membership period of three months.
- § 16 para. 2 KCanGNo more than 500 members, only one membership
A cultivation association may have no more than 500 members. You may only be a member of one cultivation association.
- § 16 para. 3 KCanGDeclaration on admission
Only people who confirm in writing or electronically that they are not a member of another cultivation association may be admitted. The cultivation association must keep this declaration for three years.
- § 16 para. 4 KCanGProof of age and residence
On admission, you must prove with an official photo ID or other suitable official documents that you are at least 18 and have your residence or habitual abode in Germany. If your residence or habitual abode changes, you must tell the cultivation association without delay.
- § 16 para. 5 KCanGMinimum period and moving away
Cultivation associations that are registered associations must provide in their statutes for a minimum membership period of three months. The statutes must also provide that membership ends if a member no longer has their residence or habitual abode in Germany.
- § 17 KCanGJoint cultivation for own use
In cultivation associations, only members grow cannabis, jointly and with active participation. Paid staff and non-members may only take on tasks that are not directly connected with cultivation or passing on; the exception is members who work in a minijob. Cultivation must follow good professional practice, and health risks, for example from plant protection products, contaminants or microbes, must be kept to a minimum.
- § 17 para. 2 KCanGActive participation
Members must take an active part in joint cultivation. This is the case above all when they work with their own hands on cultivation and on tasks directly connected with it.
- § 18 KCanGQuality assurance measures
Cultivation associations must avoid health risks that go beyond the typical dangers of consumption. To this end, they regularly take random samples of their cannabis and propagating material and test them. Among other things, cannabis may not be passed on if it exceeds set maximum levels of contaminants, was not grown by the association itself or is not in pure form as marijuana or hashish. Such cannabis must be destroyed without delay.
- § 19 KCanGControlled passing on of cannabis
Cultivation associations may only pass on cannabis they have grown themselves, only on their own premises, only to members who are present in person and only after checking their membership card and official photo ID. The Act limits the amounts per day and per month, more strictly for members under 21. Passing it on to third parties, shipping and delivery are prohibited.
- § 19 para. 1 KCanGOwn cultivation only, pure form only
Cultivation associations may only pass on cannabis that they have grown jointly on their own secured premises. It is passed on exclusively in pure form, as marijuana or hashish.
- § 19 para. 2 KCanGPassing on only in person, with ID check
Cannabis is only passed on at the cultivation association’s premises, by members to members, for their own consumption and only when both are present in person. Each time, age and membership are strictly checked using the membership card and an official photo ID.
- § 19 para. 3 KCanGMaximum amounts
From 21, a cultivation association may pass on to you no more than 25 grams per day and 50 grams per calendar month. From 18 to 20, it is no more than 25 grams per day and 30 grams per month, and the THC content must not exceed 10 percent.
- § 19 para. 4 KCanGNo passing on to third parties
You may not pass on what you receive from a cultivation association to anyone else, not even to adults. Shipping and delivering cannabis are prohibited.
- § 21 KCanGHealth protection when passing on cannabis
Cultivation associations may not pass on cannabis mixed with tobacco, nicotine, food, animal feed or other additives, nor pass on these substances on their own. Cannabis is only passed on in neutral packaging, with an information leaflet (including weight, harvest date, variety, THC and CBD content) and with information on risks and counselling services.
- § 21 para. 1 KCanGNo mixtures
Cultivation associations may not pass on cannabis that is mixed, blended or combined with tobacco, nicotine, food, animal feed or other additives. Nor may they pass on these substances on their own.
- § 23 KCanGChild and youth protection and addiction prevention
Cultivation associations may not allow minors onto their premises and may not mark their premises in a promotional way from the outside. The board appoints a member as prevention officer. This person is the contact for questions about addiction prevention and makes sure the health and youth protection plan is put into practice.
- § 23 para. 4 KCanGPrevention officer
Cultivation associations must contribute to comprehensive youth and health protection. To this end, the board appoints a member as prevention officer. This person is the contact for questions about addiction prevention, makes sure the health and youth protection plan is put into practice and proves their knowledge with a certificate from addiction prevention training, for example at a state or specialist centre for addiction prevention.
- § 23 para. 5 KCanGCooperation with addiction counselling
Cultivation associations should cooperate with local addiction counselling services. This is meant to give members with risky use or dependence a way into the addiction support system.
- § 24 KCanGMembership fees
Cultivation associations that take the form of an association (Verein) set their membership fees in their statutes. The fees serve exclusively the statutory purpose: joint, non-commercial cultivation, passing on to members and information about addiction prevention.
- § 25 KCanGCost recovery
If cultivation associations pass on seeds or cuttings to other cultivation associations or to adult non-members with residence or habitual abode in Germany, they must be reimbursed for the cost of producing them.
- § 26 KCanGDocumentation and reporting obligations
Cultivation associations keep ongoing records of what they grow, store, destroy and pass on. Each time cannabis is passed on, they record the member’s surname, first name and year of birth, along with the amount, average THC content and date. They keep the records for five years, present them to the authority on request and submit the data once a year in anonymised form for the evaluation of the Act.
- § 34 KCanGCriminal provisions
Among other things, it is a criminal offence to possess more than 30 grams when out and about or more than 60 grams in total, to grow more than three plants, to deal in cannabis or to supply it or pass it on to others. The penalty is up to three years in prison or a fine. If a person over 21 supplies cannabis to a child or young person, this is generally a particularly serious case, punishable by three months to five years in prison.
- § 34 para. 1 KCanGCriminal handling of cannabis
Among other things, anyone who possesses more than 30 grams when out and about or more than 60 grams in total, grows more than three plants, manufactures cannabis, deals in it, imports, exports or transports it in transit, or supplies or passes it on to others faces up to three years in prison or a fine. It is also a criminal offence to acquire or accept more than 25 grams per day or 50 grams per month.
- § 34 para. 1 no. 3 KCanGCriminal manufacture
Anyone who manufactures cannabis in breach of the ban faces up to three years in prison or a fine (no. 3). Under no. 13, the same applies to prohibited extraction of cannabinoids from the plant. Even an attempt is a criminal offence (para. 2).
- § 34 para. 3 KCanGParticularly serious cases
In particularly serious cases, the penalty is three months to five years in prison. This is generally the case if someone acts on a commercial basis, endangers the health of several people, the offence involves a not insignificant quantity, or a person over 21 supplies, passes on, hands over or administers cannabis to a child or young person.
- § 34 para. 4 KCanGMinimum sentence of two years
Among other things, the penalty is at least two years in prison if a person over 21 supplies cannabis to children or young people on a commercial basis, induces a person under 18 to deal in or pass on cannabis, or handles not insignificant quantities as a member of a gang. In less serious cases, the penalty is three months to five years.
- § 36 KCanGProvisions on fines
Among other things, it is an administrative offence to possess more than 25 but no more than 30 grams when out and about, to break a ban on consumption, to advertise cannabis or cultivation associations, or not to protect cannabis at home from access by others. The fine for this can be up to €30,000, and up to €10,000 in other cases.
- § 43 KCanGEvaluation of the Act
Independent experts, commissioned by the Federal Ministry of Health, examine how the Act is working, above all on child and youth protection, health protection and crime. The first interim report was published in September 2025 and the second on 1 April 2026; the comprehensive report follows by 1 April 2028. Cultivation associations should make it possible for their members to be surveyed.
Road Traffic Act (StVG)
- § 24a StVG0.5 per mille limit, THC limit
It is an administrative offence to drive a motor vehicle with 0.5 per mille of alcohol or more, or with 3.5 ng/ml of THC or more in the blood serum. If alcohol is combined with THC, the possible fine rises from €3,000 to up to €5,000. Prescribed medicines taken as intended are exempt.
- § 24a para. 1a StVGTHC limit
You commit an administrative offence if you drive a motor vehicle with 3.5 ng/ml of THC or more in your blood serum. The fine can be up to €3,000. This does not apply if the THC comes from a medicine prescribed for you that you have taken as intended.
- § 24a para. 2a StVGTHC and alcohol
Anyone who drives with 3.5 ng/ml of THC or more and also drinks alcohol, or sets off under the influence of alcohol, likewise commits an administrative offence. The fine can then be up to €5,000.
- § 24c StVGAlcohol and cannabis ban for new drivers
During the probationary period or before your 21st birthday, you may neither consume alcohol or THC while driving nor set off under their influence. THC from a medicine prescribed for you is exempt.
German Criminal Code (StGB)
- § 19 StGBCriminal incapacity of children
Anyone who is not yet 14 at the time of the offence is not criminally responsible and cannot be punished. So criminal responsibility begins at 14.
- § 203 StGBViolation of private secrets
Among others, doctors, members of other healthcare professions, professional psychologists and addiction counsellors at recognised counselling centres commit a criminal offence if they disclose, without authorisation, a secret entrusted to them in their professional capacity. The penalty is up to one year in prison or a fine.
- § 316 StGBDriving while intoxicated
Anyone who drives a vehicle although they cannot drive safely because of alcohol or other intoxicating substances such as cannabis is punishable by up to one year in prison or a fine, even if they acted negligently. For cannabis, there is no fixed limit for this; what counts is being unfit to drive.
Driving Licence Regulations (FeV)
- § 13a FeVClarifying doubts about fitness to drive in cases of cannabis problems
The driving licence authority orders a medical report if facts point to cannabis dependence. It orders a medical-psychological assessment, the MPU, if there are signs of misuse, if road traffic offences have repeatedly been committed under the influence of cannabis or if the driving licence was revoked for this reason. Offences solely against the ban for new drivers do not count here.
Occupational Safety Act (ASiG)
- § 8 ASiGIndependence in applying their expertise
Company doctors and occupational safety specialists are not bound by instructions when applying their expertise and must not be disadvantaged because of this. Company doctors answer only to their medical conscience and must observe medical confidentiality, including towards the employer.
Accident Prevention Regulation of the Statutory Accident Insurance (DGUV Vorschrift 1)
- § 7 para. 2 DGUV Vorschrift 1No work where the danger is obvious
The business owner, as a rule the employer, may not employ insured persons on work if they are visibly unable to carry it out without danger to themselves or others. The regulation does not specify the reason why someone is unable to do so.
- § 15 para. 2 DGUV Vorschrift 1No intoxication at work
If you are covered by statutory accident insurance, for example as an employee, you must not put yourself into a state through alcohol, drugs or other intoxicants in which you may endanger yourself or others. Under para. 3, this also applies to medication. A breach is an administrative offence (§ 32).
Social Code Book V, statutory health insurance (SGB V)
- § 31 para. 6 SGB VCannabis on a health insurance prescription
People with statutory health insurance who have a serious illness are, under certain conditions, entitled to cannabis as an extract of standardised quality and to medicines containing dronabinol or nabilone. Since 30 July 2026, health insurers no longer pay for dried flowers.
- § 31a SGB VMedication plan
If you have statutory health insurance and use at least three prescribed medicines at the same time, you are entitled to a medication plan, on paper and electronically. It lists the prescribed medicines, medicines you take without a prescription and important medical devices.
Medical Cannabis Act (MedCanG)
- § 3 MedCanGPrescription and dispensing
Only doctors may prescribe cannabis for medical purposes; dentists and vets may not. It is only dispensed in pharmacies against a prescription.
Federal Non-Smokers Protection Act (BNichtrSchG)
- § 1 BNichtrSchGSmoking ban
Smoking tobacco and cannabis products, including with e-cigarettes, heated tobacco products and vaporisers, is prohibited in federal facilities, on buses, trains, aircraft and passenger ships used for public transport and in public railway stations. The ban applies in buildings and fully enclosed rooms, but not in rooms left to someone for their sole use for living or staying overnight. Separate, marked smoking rooms are allowed, but not on buses and trams.
German Civil Code (BGB)
- § 26 BGBBoard and representation
Every association must have a board. The board represents the association in and out of court; in other words, it is its legal representative. The statutes can restrict the scope of this power of representation. If the board consists of several people, the association is represented by a majority of the board members.
Administrative Procedure Act of North Rhine-Westphalia (VwVfG NRW)
- § 49 VwVfG NRWRevocation of a lawful administrative act
The authority may revoke a lawful licence only in cases defined by law, for example if the facts have changed afterwards or to prevent serious harm to the public good. Because of a change in the law, this is only possible as long as the licence has not yet been used. In these cases, compensation is paid on application for the financial loss incurred by relying on the licence, insofar as that reliance deserves protection.
- § 49 para. 6 VwVfG NRWCompensation after revocation
If the authority revokes a lawful licence because facts or legal provisions have changed or to prevent serious harm to the public good, it compensates on application for the financial loss incurred by relying on the licence, insofar as that reliance deserves protection. Compensation is limited to the interest in the licence continuing, and the application can only be made within one year after the authority has pointed out this deadline. Disputes about compensation are decided by the ordinary courts.
Telecommunications Digital Services Data Protection Act (TDDDG)
- § 25 para. 1 TDDDGStoring and reading information on your device
A website may in principle only store information on your device or read it from there, for example with cookies or in local storage, with your consent. It must first inform you clearly and comprehensively.
- § 25 para. 2 TDDDGExceptions without consent
No consent is needed if storing or reading the information serves solely to transmit a message, or if it is strictly necessary for a service that you explicitly want to use to work.
- § 25 para. 2 no. 2 TDDDGStrictly necessary for a service you want
A provider may store information on your device or read it from there without your consent if this is strictly necessary to provide a digital service that you have explicitly requested. In all other cases, your consent is needed, unless the storage serves solely to transmit a message (no. 1).
General Data Protection Regulation (GDPR)
- Art. 6 para. 1 lit. a GDPRConsent
Processing is permitted if you have given your consent beforehand. Consent must be freely given, apply to a specific purpose and be based on clear information. You give it through a clear action, such as ticking a box or clicking.
- Art. 6 para. 1 lit. b GDPRContract
Processing is permitted where it is necessary to perform a contract with you or to take steps at your request before entering into one. For us, this is mainly membership and the steps leading up to it.
- Art. 6 para. 1 lit. f GDPRLegitimate interest
Processing is permitted if it is necessary for a legitimate interest and your interests and fundamental rights do not override it. Anyone relying on this must weigh up the interests and state the interest. You can object (Art. 21 GDPR).
- Art. 7 para. 3 GDPRWithdrawal of consent
You can withdraw your consent at any time, and withdrawing it must be as easy as giving it. Withdrawal takes effect for the future: anything done on the basis of your consent until then remains lawful.
- Art. 9 para. 2 lit. a GDPRExplicit consent for special categories of data
Health data and certain other particularly sensitive data may not be processed in principle. One exception is your explicit consent for specific purposes. Explicit means: clearly stated and relating specifically to these data.
- Art. 11 GDPRProcessing without identification
If an organisation does not need to know who you are for its purpose, it does not have to collect additional data just to be able to fulfil rights such as access or erasure. If it cannot identify you, the rights under Art. 15 to 20 do not apply, unless you yourself provide information that makes identification possible.
- Art. 15 GDPRRight of access
You can ask whether data about you are being processed. If so, you receive a copy and find out, among other things, the purpose, recipients, storage period and source of the data.
- Art. 16 GDPRRight to rectification
If data about you are incorrect or incomplete, you can demand that they be corrected or completed without delay.
- Art. 17 GDPRRight to erasure
You can demand that data be erased, for example if they are no longer needed for their purpose, you withdraw your consent or you object successfully. Limits are set, for example, by statutory retention obligations.
- Art. 18 GDPRRight to restriction of processing
The data are then only stored, but not used any further. You can demand this, for example, while it is being checked whether the data are correct or whether your objection applies.
- Art. 20 GDPRRight to data portability
You receive data that you provided yourself and that are processed by automated means with your consent or for a contract in a common, machine-readable format. On request, they go directly to another organisation, where this is technically feasible.
- Art. 21 GDPRRight to object
If processing is based on a legitimate interest, you can object on grounds relating to your particular situation. The processing must then stop, unless there are compelling legitimate grounds that override this, or the data are needed for legal claims.
- Art. 26 GDPRJoint controllers
If two or more organisations jointly determine why and how data are processed, they are joint controllers. They set out in an agreement who fulfils which obligations. You can exercise your rights against each of them.
- Art. 28 GDPRProcessors
If an organisation has data processed by a service provider, for example a hosting provider, it may only choose providers that offer sufficient guarantees for data protection. The two conclude a data processing agreement. The service provider then processes the data only on instructions and not for its own purposes.
- Art. 45 GDPRTransfers on the basis of an adequacy decision
Data may be transferred to a country outside the EU if the European Commission has decided that the level of protection there is adequate. For the USA, this has applied since July 2023 to companies certified under the EU-US Data Privacy Framework.
- Art. 77 GDPRComplaint to a supervisory authority
If you believe that processing infringes the GDPR, you can lodge a complaint with a data protection supervisory authority, in particular in the country where you live or work. This is free of charge for you.