Thanks to the German Cannbis Business Assoc for highlighting this
2025-05-14 | If the recreational cannabis law (KCanG) were to be repealed, affected cultivation associations could potentially claim compensation from the state, according to attorney Bartosz Dzionsko, Taspo reports. Associations with already granted licenses could likely keep them until expiry, but new applications would probably not be approved.
Horticultural businesses may not directly participate in cannabis cultivation associations, as only natural persons can be members. However, cooperation is possible via leasing space or providing services and equipment. Still, the law allows “no more than one type of activity” – a vague legal term not yet clarified in court.
If employees or relatives of a horticultural business wanted to found a cultivation association themselves, this would be legally permissible – but not by the business entity itself. Generally, horticultural companies may lease land to cultivation associations as long as multiple associations are not located at the same site. Violations of spatial separation requirements could lead to legal issues. Vague regulations and strict advertising restrictions also contribute to legal uncertainty and fines. Dzionsko referred to this as “legislative incompetence.” In his view, legal action against the current restrictions is conceivable.
