Since April 1st, adults in Germany have been permitted to grow cannabis for personal use.
However, the Federal Ministry of Health recently clarified that cultivation in allotment gardens is not allowed.
This regulation stems from the Federal Allotment Garden Act, which explicitly states that arbors in allotment gardens cannot be used for permanent living; therefore, it excludes cannabis cultivation.
According to a report by Der Spiegel, this legal restriction has sparked discussions, particularly after criticism from the German Hemp Association regarding the interpretation by the Federal Association of Allotment Garden Associations.
The Hemp Association contends that, according to the explanations of the Cannabis Act, cultivation should also be permissible in allotment gardens, as these can serve as private residential spaces under certain circumstances.
The Federal Ministry of Health maintains that exceptions only apply to cases where allotment gardens were already used for residential purposes before the Federal Allotment Garden Act was enacted in 1983.
The law restricts the cultivation of up to three cannabis plants to the "residence or habitual abode" of the grower.
In the explanations of the law, private cultivation within the confines of a private apartment, including the associated gardens, is permitted.
But allotment gardens are explicitly excluded unless grandfathered.
