© dpa
Just over six months after the nationwide law on cannabis consumption came into force, the Senate has passed the necessary ordinance for its implementation.
This was announced by Ellen Haußdörfer (SPD), State Secretary for Health, following the Senate meeting. Accordingly, the State Office for Health and Social Affairs (Lageso) is responsible for issuing the necessary permits to cannabis cultivation associations.
The ordinance is not yet in force. It is only valid once it has been published in the Law and Ordinance Gazette. Haußdörfer said that she expects this to happen at the beginning of November. The growers' associations are allowed to distribute the collectively grown cannabis to their members for their own consumption. According to the ordinance, a cultivation association may have a maximum of 500 members, who must be at least 18 years old and may only be members of one association at a time.
In addition, there may be a maximum of one growers' association per 6,000 inhabitants in Berlin, i.e. a total of 600. From Haußdörfer's point of view, however, this is not a realistic figure: "We don't even expect to get anywhere near a three-digit number." One cultivation association in the district of Marzahn-Hellersdorf has already received a permit. So far, there have also been 23 applications for approval from cultivation associations in ten districts, which will soon be forwarded to Lageso. Spandau and Mitte have not yet shown any interest.
Theoretically, it is conceivable that there could be a concentration of growers' associations in one district and hardly any in another, said the State Secretary. Many cultivation areas are planned in Brandenburg. There is a hotspot around Zossen, said Haußdörfer.
In addition to the implementation ordinance, the Senate has adopted a comprehensive catalog of fines, which is to come into force on November 1. For example, a fine of 200 euros is envisaged if someone becomes a member of several cultivation associations. "Possession of cannabis in public places - more than 25 grams, which is provided for - is to be assessed in the range between 250 and 1,000 euros," said Haußdörfer. "Or a person consumes cannabis near a social infrastructure facility, such as a school. In this case, this offense results in a fine of between 300 and 1,000 euros."
Importing cannabis seeds without a permit can be punished with a fine of between 100 and 30,000 euros. This also applies to anyone who advertises or sponsors cultivation associations. Cultivation associations can also expect to pay high fines if they break the rules - for example, if they do not ensure that membership is monitored or if they entrust non-members with tasks associated with the distribution of cannabis. The catalog of fines is based on that of Brandenburg, said Haußdörfer. "The implementation of this catalog of fines is the responsibility of the districts."
The growers' associations are to be inspected regularly in future. "That doesn't mean once a month, it could mean once a year," explained the State Secretary. Haußdörfer announced a further regulation to regulate the details, which is expected to come in November.