The legalisation of cannabis in Germany on 1 April 2024 was intended to mark a paradigm shift in drug policy. Under the Cannabis Act (CanG), cannabis social clubs (CSCs) were permitted to apply for licences from 1 July 2024, enabling up to 500 members per club to collectively cultivate and access limited quantities of cannabis.
But while almost 300 CSCs have been established across Germany, Bavaria has effectively blocked their operation despite granting eight cultivation licences.
According to Bayerische Staatszeitung, no CSC in Bavaria has yet been allocated a site for communal cultivation. Local authorities have introduced additional planning requirements that make it nearly impossible for associations to use their licences.
Licensing Stalled by Planning Requirements
The State Office for Health and Food Safety (LGL) issues cultivation licences, but Bavaria’s Ministry of Construction has intervened to prevent CSCs from using them. In one case, CannabisKultur MainSpessart e.V. waited a year before finally securing approval, only to be told its cultivation site required a land-use planning procedure and amendments to the local development plan before planting could begin.
Emilio Fischer, chairman of the association, told Business of Cannabis that these additional requirements are a deliberate attempt to obstruct operations. He pointed to an internal letter circulated on 12 December 2024 by Bavaria’s Supreme Building Authority, instructing local authorities that CSCs could only be located in specially designated areas, excluding commercial or industrial sites. Fischer estimates that changing local plans would take two to three years and cost tens of thousands of euros.
Associations Push Back
Other CSCs report similar experiences. Franken.Cannabis in Buttenheim initially received local approval for its cultivation site, but this was subsequently overruled following a directive from the Bavarian Ministry of Construction on June 25, 2025. When the Bamberg District Office deemed the restrictions ‘disproportionate’, the government of Upper Franconia issued an immediate prohibition order.
Chairman Martin Pley argues that Bavaria is pursuing a ‘systematic strategy’ to prevent approved projects retrospectively. He accuses the authorities of engaging in a ‘perversion of justice’ and claims the measures are politically motivated.
The German Cannabis Association also sees Bavaria as an outlier. Its spokesperson, Elmar Daniel, said no other federal state requires CSCs to be based exclusively in special-use zones. He warned that such rules impose prohibitive costs and delays, forcing many associations to abandon their applications.
Restrictive Policy Confirmed
The Bavarian Ministry of Health has defended its position, stating that the legalisation of cannabis was a mistake, particularly regarding youth and health protection. A spokesperson said Bavaria had deliberately chosen ‘the most restrictive possible enforcement of the KCanG regulations’.
Of the 44 applications submitted for CSCs in Bavaria, 14 have already been withdrawn, three have been rejected, and 19 remain under review.
Political Style Compared to Trump
In a comment published by Frankenpost, physician Dr Klaus Schrader argued that the CSU’s use of building law to hinder CSCs reflects a new political style. He likened the strategy to tactics seen under former US President Donald Trump, where existing laws are undermined or ignored.
