Foundation of an association for the operation of aCannabis Social Club
You want to set up an association in Germany to run a cannabis social club and grow and dispense cannabis?
- Site selection
- Creation of a statute
- Foundation of the association
- Cultivation and distribution permits
- Advice on advertising
- Advice on the right timing
All fields of actiity
Cannabis Social Clubs in Germany - We help with the foundation!
Section 10 of the Cannabis Act (CanG), which came into force on 1 April 2024, stipulates that private "dispensing associations" may cultivate cannabis and distribute it in certain quantities by and to members. These so-called "Cannabis Social Clubs" (CSC) are to be founded in the form of registered associations (Section 16 para. 5 CanG). If cannabis is to be cultivated and distributed, authorisation from the competent authority is also required (Section 13 CanG).
There are several things to consider when founding and operating a cultivation association. Until it is entered in the register of associations, it is an association without legal capacity (§ 54 BGB). It only acquires legal capacity upon registration (§ 21 BGB). Certain requirements must be met for registration, e.g. there are special requirements for the articles of association (Sections 57, 58, 60 BGB) and there is a minimum number of members (Section 56 BGB) and a maximum number of members (Section 16 para. 2 sentence 1 CanG). In addition, a person may only ever be a member of one growers' association (Section 16 para. 2 sentence 2 CanG).
Once everything is ready for registration, the application for entry in the register of associations is submitted to the competent court via a notary.
In order for this step to be successful, the articles of association and in particular the purpose of the association must be particularly carefully drafted. In order to obtain authorisation, further requirements regarding the protection of minors, addiction and prevention counselling and other safety and protective measures must be observed. However, once all legal requirements have been met, nothing stands in the way of applying for authorisation.
If you are planning to set up a growers' association, we will be happy to advise you right from the start. We will help you to draw up your first articles of association, create the legal structures for the association and will also be happy to support you throughout the rest of the process up to authorisation.
Do you have any questions?
We look forward to hearing from you!
Your way to the wholesale and narcotics trade licence
PharmSec Internattional GmbH, founded in cooperation with the law firm DIEKMANN Rechtsanwälte, advises companies in particular in the areas of medicinal products and narcotics (BtM) and supports them in applying for and maintaining permits (e.g. for wholesale trade in medicinal products pursuant to § 52a of the German Medicinal Products Act (AMG) or for trade in narcotics pursuant to § 3 of the German Narcotics Act (BtMG)).
The brains behind the company are, in addition to Dr. Fabinne Diekmann, Mr. Stefan Heinz, who has many years of experience in QA/GMP/GDP - most recently as head of quality assurance at Mundipharma GmbH in Limburg (Lahn). In addition, he has many years of experience in conducting quality audits (3rd party audits) and inspections by authorities in the national and international environment.
In addition, PharmSec offers its own training courses and acts as a speaker on various platforms.
www.pharmsec.com