German Tax No.: 38/108/04462
VAT No.: DE313501847
German Tax No.: 38/108/04462
VAT No.: DE313501847
After the first award procedure for the cultivation of medical cannabis in Germany had been banned by the Higher Regional Court of Düsseldorf now the time has finally come and the Cannabis Agency has published the details of the new award procedure.
The Federal Republic of Germany, represented by the Federal Institute for Drugs and Medical Devices (BfArM) and the Cannabis Agency, continues to be the contracting authority for the award procedure for the cultivation, further processing, storage, packaging and supply of cannabis for medical purposes. This concerns the award of a public contract by way of an open procedure in accordance with §§ 97 et seqq. GWB (German Act against Restraint of Competition) and § 15 VgV (Regulations on the Award of Public Contracts and Procedures).
Prospective parties must prove their economic and financial capacity of the last 3 years when filing an application. Information must also be provided on sales in the cultivation, processing and supply of cannabis for medical purposes (THC content ≥ 1%) for the last 3 financial years, if available. Turnover in the cultivation, supply and processing of medicinal plants which have been placed on the market as medicinal products or active agents in a medicinal product after processing may also be considered as commendation now. The minimum condition for affirming suitability is then at least one cannabis reference for the cultivation of medical cannabis or one cultivation and processing reference for medicinal plants. The services provided must have been performed in accordance with both the GACP standard (Good Agricultural and Collection Practice) and the GMP standard (Good Manufacturing Standards), i.e. in accordance with the „Eudralex: Volume 4 Medicinal Products for Human and Veterany Use and Annex 7: Manufacture of Herbal Medicinal Products“, whereby approval for the manufacture of medicinal products must have been obtained from the competent authority ex ante.
If the contract is awarded Information must also be provided on how the financing of the contract is secured, and that the named land plot is available for the production site.
With regard to economic, financial, technical and professional capacity, a bidder may make use of the capacities of other companies within the framework of the so-called qualification hire. Thus, bidding consortia are also permitted, where the minimum conditions set must be fulfilled by at least one member of the bidding consortia.
The services are awarded by lot. The delivery quantity per batch is 200 kg per year. The following lots are set up:
Lot 1 to lot 8: cannabis flowers type 1
Lot 9 to lot 11: cannabis flowers type 2
Lot 12 and lot 13: cannabis flowers type 3
The cannabis flowers to be delivered must – depending on type respectively lot – contain the following concentration of tetrahydrocannabinol (THC) and cannabidiol (CBD):
type 1 with definition: THC between 18 and 22%, CBD < 1%
type 2 with definition: THC between 12 and 16%, CBD < 1%
type 3 with definition: THC between 5 and 9%, CBD between 5 and 9%.
Bidders may submit tenders for all lots, whereby one bidder may receive a maximum of 5 lots.
The delivery shall cover the following periods and quantities in total:
Delivery schedule of total quantity for the defined types
The award criteria are determined by a scoring system. The bidder with the lowest price offer for medical cannabis in the specified quality (detailed in euros per gram) receives 40 points. Another maximum of 5 points can be achieved by the quality of:
– the concept of technical facilities of the plant,
– the structural standards,
– the concept for GACP and GMP- standard,
– the concepts for cultivation, processing and delivery (e.g. with regard to prevention of failed harvests),
– the concept for production cycles,
– the concept for selection and training of personnel,
– safety and security concept.
When bidding, a concept for scheduling in the starting phase up to the first harvest with the respective intermediate steps must be submitted. The concept of the site and production must be described in detail for all stages to enable the cannabis agency to evaluate the award criteria. The origin and characteristics of the seed or plant material used must also be described in detail. The crucial technical facilities must also be particularised in concrete terms.
At the time of purchase capacity, the cannabis flowers must be appropriate for medical use. They must comply with the legal requirements of the current monography for cannabis flowers of the German Pharmacopoeia and the European Pharmacopoeia. With regard to heavy metal contamination certain limit values must be satisfied. The cultivation must also have been carried out according to the currently valid European GACP and GMP standards (see above) of course.
Conclusion: the new tender procedure slightly increases the quantities to be produced, which of course constitutes improvement. A cultivation and processing reference for medicinal plants is also sufficient to meet the minimum requirements. The quantities put out to tender however are still so meagre that it remains in doubt whether or not the production of medical cannabis in Germany can actually be of economic interest to interested companies. In view of the already approved import quantities of 21 tonnes in 2018 and a further increase in demand it remains cloudy why the German Federal Government is blocking the production of medical cannabis in their own country by tendering out such small quantities rather than giving a new and emerging industry in the country a chance.
Cannabis pain patient succeeds in the appellate
court district court: proceedings for illegal cannabis cultivation set – Günter Weiglein takes medicinal hemp against chronic pain
Saturday, 30.06.2018 – 00:00 h
Günter Weiglein from Würzburg suffers from constant pain. As one of the first in Germany, the 53-year-old was allowed to legally buy cannabis for pain relief. Because this financially overwhelmed him, he grew hemp himself, was caught in 2016 and warned in court. He did not want to let that sit on him.
At the appeal hearing, his fight ended relatively quickly.
Weiglein’s ordeal began in 2002. In a traffic accident, he broke several bones. Since then he lives with permanent pain, especially in the left pelvic area. He could walk only 100 to 200 meters, then had to stand a minute, because it hurt so much, he described Appellate Justice Konrad Döpfner at the Würzburg district court.
Relief without side effect
The Würzburger went through all conceivable drug therapies – with significant side effects such as nausea, sweating, restless sleep. The cannabis does not eliminate the duration of pain, but alleviate it without the side effects.
When Weiglein started smoking cannabis, he claims to use six grams of medicinal hemp per day. One gram had cost 15 euros. Today, the prices would be 20 to 24 euros. Too much for the Würzburg, who currently needs eight grams per day and has to rely on the earnings of his wife of around 2600 euros.
To avoid that, Weiglein himself grew hemp. When police stopped by for an ad, they found several cannabis plants with about eight grams usable proportion and seven grams of dried hemp flowers: This Weiglein violated the narcotics law.
Mild judgment in the lower court
In the trial on 30 November 2017, the judge ruled mildly in light of Weiglein’s situation: warning instead of fine, but with punishment. The Würzburger would have to pay 300 euros, he would be caught again. This would be a new criminal case.
Weiglein appealed. It was also about the principle. He was one of three plaintiffs before the Cologne administrative court, the right to self-cultivation. However, the responsible Federal Institute for Drugs and Medical Devices issued no approval, appealed the verdict.
Before it could be decided, the Bundestag adopted in spring 2017 a law on cannabis as medicine. The health insurance companies have to actually pay for it. Weiglein’s hemp cultivation was facing this change.
In front of the Würzburg district court, Weigleins lawyer Matthias Schillo argued that it was impossible for his client to bear the high costs. He had only the choice to endure the pain or to get the necessary drug elsewhere – which was done by self-cultivation.
Although the accused fulfilled the offense under the Narcotics Act, he had not acted unlawfully. He could invoke the protected right to free development of his personality, the right to life and physical integrity. That weighs in the case heavier than the legal provisions.
Cost bears state treasury
Judge Döpfner brought two judgments of the Federal Court, which in principle state that who grows without permission hemp, makes itself punishable. Nevertheless, he stopped the proceedings with the consent of all involved. The cost of the procedure is borne by the State Treasury. For Weiglein a “bearable exit”. Every euro he would have had to pay would have made him feel guilty, he said.
Meanwhile, he and Schillo have reached with his health insurance that she paid him the medical hemp. He also found a Würzburg pharmacy, which supplies him relatively reliably despite general supply shortages. Weiglein still can not grow hemp. That he would do that, if it were not otherwise – he left no doubt on demand.
The difficulties that German patients have already faced in obtaining a drug that is now legal in their own country for medical use (and even for recreational purposes across an open border in Holland) are legion. While to a certain extent, German patients are in the same boat as patients elsewhere and their problems, in fact, there are still huge access issues that remain. For starters, the drug is much more expensive here, so those without health insurance approval face bills of about $3,000 per month. Why the eye-watering price? All medical grade cannabis is still imported, although increasingly this is now just via other EU countries, not just from Canada.
“One of the reasons we organized the national German Patient Roundtable is to give patients a voice in all of this supply and demand discussion and to help BfArM and others formulate workable solutions for all,” responded Philip Cenedella IV when reached for a response by CIJ. Cenedella, an American expat and the organizer of the Roundtable, a nationally focussed, umbrella group that is kicking off its campaign this year, spoke for many who are far from court and boardrooms where the decisions are being made.
“While there are very talented firms who will now take up this discussion with the government and reissue a response for the tender, what we continue to see on the ground is that patients simply do not have the access granted them in the law which was passed over a year ago,” Cenedella says, with more than a note of frustration. “We again are calling on all government officials, industry executives and patient advocates to band together to immediately establish workable protocols that directly help the patients.”
Indeed, despite the frustration and delay, if not new costs and opportunities that this decision creates, one thing is very clear on the ground here. The current status quo is unacceptable. That alone should also put pressure on the powers that be to remedy the situation as quickly as possible. And via several routes, including widening import quotas or even issuing new licenses as a new solution to domestic cultivation is implemented.
“Patients are not being served and do not have access to a medicine that has been proven to improve lives,” says Cenedella. “Our simple request is for BfArM to finally invite patients into their discussions, to work with patients to formulate workable cultivation and distribution solutions, and we humbly request that this happen now before they go down another dead-end road, ending in another court defeat, and resulting in even more delays to the patients that are still lacking the care afforded them by the German Federal Court’s decision of 2017.”
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BY MICHAEL KNODT ON
Bureaucratic hurdles and an unexpectedly high demand for medical cannabis in Germany have created a bottleneck that’s plagued cannabis patients and producers alike. It would seem as though working with the United States could alleviate some of the pressure, but the federal government in Germany has avoided working with the country’s producers for fear of violating the United Nations Single Convention on Narcotic Drugs.
Until Germany can develop a robust cannabis cultivation industry, its patients will continue to receive their medicine sporadically from Canada or the Netherlands. While 18 varieties of cannabis are supposed to be available, patients are lucky to find four strains at their local pharmacy — a significant issue when German doctors are required to prescribe a specific strain for patients. If that strain’s not available, the prescription is worthless.
Once the Israeli government has defined their guidelines for cannabis export, their medical cannabis will find its way into German pharmacies to help alleviate the recent bottlenecks. Israel is expected to develop a cannabis export system in the next couple of years.
Cannabis farmers in the U.S. West Coast, Nevada, Colorado, and Alaska might welcome the opportunity to expand into international markets, and patients in Germany could benefit from the new, highly effective selection of U.S. cannabis strains. But the United Nations Single Convention on Narcotic Drugs labels cannabis on par with cocaine and opium — therein lies the problem for Germany doing business with U.S. cannabis producers.
The Single Convention on Narcotics and Drugs of 1961 is still the foundation of worldwide drug legislation. It includes the coca, opium poppy, cannabis, the opium plant’s raw materials, opiates, heroin, and some synthetic opioids such as methadone. The Convention on Psychotropic Substances of Feb. 21, 1971 extended the list of controlled substances to include psychotropic substances such as amphetamines, barbiturates, and LSD and came into force on Aug. 16, 1976.
Only the medical use of narcotics for pain relief is excluded from the Convention but has to be enacted in compliance with the measures deemed necessary by the United Nations (UN). Member nations must report their produced, exported, stored, and used narcotics to the Narcotic Control Council.
A State Must Purchase All Medical Cannabis Crops
Article 23 of the Single Convention states:
A Party that permits the cultivation of the opium poppy for the production of opium shall establish, if it has not already done so, and maintain, one or more government agencies (hereafter in this article referred to as the Agency) to carry out the functions required under this article.
Article 23 (2) (d) says: “All cultivators of the opium poppy shall be required to deliver their total crops of opium to the Agency. As soon as possible, but not later than four months after the end of the harvest.”
According to Articles 26 and 28 of the Single Convention, the same control system applies to coca and cannabis. Health Canada is in violation of Article 23, paragraph 2d for allowing producers to sell directly to patients. Unlike the Office of Medical Cannabis (OMC) in the Netherlands, the Canadian agency does not purchase and sell the licensed producers’ crops.
The establishment of such an agency is independent of whether government institutions or licensed private providers take over the cultivation. Such agencies only exist in the few states where opium, coca, and cannabis are grown legally: The Turkish Grain Board (for Opium in Turkey), Health Canada’s Office of Controlled Substances, the National Institute on Drug Abuse in the U.S., the Federal Institute for Drugs and Medical Devices (BfArM) in Germany, the Austrian Agency for Health and Food Safety, the Office of Medicinal Cannabis in the Netherlands, the Czech State Agency for Medical Cannabis, and the Medical Cannabis Unit in Israel.
The U.S. government would have to recognize the medical benefits of cannabis and remove the drug from Schedule 1 of the narcotics act before the NIDA could offer medical cannabis for export to the German BfArM.
Ways Around the Single Convention
It is almost impossible for a member of the United Nations to legalize cannabis without coming into conflict with the international community. Uruguay, Bolivia, and Canada have already had to deal with the issue and have each taken different approaches to reconciling new national policy with existing international agreements.
Out and Back In
In 2009, the Bolivian government proposed deleting some provisions regarding the coca leaf, but the proposal was rejected by the other member nations. On June 29, 2011, Bolivia withdrew from the Single Convention through Jan. 1, 2012 and rejoined with an objection to Article 50 on Jan. 10, 2012.
Bolivia stated that it would allow the cultivation, trade, and consumption of coca leaves in its country. Within one year, 15 contracting nations filed an objection, well short of the one-third quorum required to reject Bolivia’s objection. Bolivia was reclassified as a contracting party on Jan. 11, 2013.
Ignore the Issue
Uruguay was reprimanded shortly before the legalization of cannabis by the UN Drug Administration’s International Narcotic Control Board (INCB). The former INCB-president Raymond Yans accused Uruguay’s then-president Jose Mujica of having an “attitude of a pirate” because his government legalized cannabis. Mujica fiercely resisted the allegations repeatedly made against his country and publicly responded to the criticism of the former INCB chairman:
“Tell the old man to stop lying. We can meet whenever he wants in Uruguay. […]. He sits in a comfortable position on the International stage and believes he can tell nonsense.”
Despite the dramatic exchanges, the international community has not sanctioned Uruguay for being the first country in the world to legalize cannabis. Incidentally, a similar complaint was addressed to the United States after the legalization ballots in Colorado and Washington State. In November 2012, Yans stated the legalization of the cultivation and possession of cannabis in Colorado and Washington violated the treaty and asked the U.S. government to restore conformity with the single convention.
Recreational cannabis is legal in eight states and the District of Columbia, and the international community is far from sanctioning the U.S. However, ignoring the treaty also means missing out on access to the international market and the opportunity to take part in international research efforts.
Don’t Comply, Justify
At the 59th meeting of the United Nations Commission on Narcotic Drugs in March 2016, Undersecretary for Health of Canada Hilary Geller expressed Canada’s interest in international cooperation and made it clear, “the Government remains committed to strong international cooperation to combat the world drug problem and wherever possible, will seek to align its objectives for a new marijuana regime with the objectives of the international drug control framework and the spirit of the Conventions.”
Canada is the first to take the position of “non-compliance.” With Geller’s announcement, Canada has laid the foundation for an ongoing debate on how to regulate cannabis at the national level without violating international legal obligations.
Even if the 1961 Single Convention could be amended, that would involve a complex, years-long process.
Canada could set a precedent in July 2018, by forcing the U.N. to rethink the position of cannabis for the first time since 1961. The aim of the process would be to give all member nations the opportunity to regulate recreational and medical cannabis in the future. Legislation in international agreements is never set in stone, it can be changed any time the democratic will of the member nations demands it.
Michael Knodt is an expert on cannabis politics and cannabis culture across Europe. Born in North Germany, Michael has been living in Berlin since 1990. He initially studied history and journalism before receiving his certification as a carpenter. Since then, Michael has made regular visits to countries where cannabis is cultivated, such as Jamaica and Morocco. He has worked as a freelancer for Weedmaps, Vice Magazine Germany, Sensi Seeds and numerous German-language cannabis magazines since 2004. From 2005 to 2013, Michael was the Editor-in-Chief of Germanys biggest cannabis periodical. He also is the face and presenter of the most popular program on cannabis prohibition and just launched a new channel called “DerMicha.” Aside from his journalistic work, Michael is a cannabis patient, activist, sought-after speaker on conferences and congresses, and a father of two.
The current regulation in Germany made it difficult for German companies to apply to get a license for Cannabis cultivation.
** And that is why the process is now held up in litigation in the German court system. One of the unsuccessful bidders has sued over the requirements and the entire application process is on hold, with any potential awards being made in Q1 or Q2 2018 at the earliest.
What is the most popular model for cannabis cultivation in Germany, so far?
The cultivation in Germany is currently not legal, done outdoors and indoors and hidden from sight and smell as best as possible.
There is no legal German cultivation currently allowed, even for patients with valid medical approvals.
There is small cultivation being done as part of R+D projects in Universities and Scientific companies.
Regarding joint ventures: How do foreign cannabis companies usually work together with German companies?
In various ways, based on their business objectives and strategy. Three examples are:
Canopy Growth Corporation purchased a German firm Medcann, which became Spektrum Germany. They are considered by many to be the premier cannabis firm in Germany today.
Maricann of Canada purchased a former cargo facility in Dresden for 3€ million and is ramping up their European operations, adding staff, and building out their new European headquarters.
An international firm is currently in discussions with a German startup, to establish a joint venture partnership which will make news around the world. This partnership should be made public in early 2018 and will be ground-breaking.
To cover the demand of medical cannabis Germany is importing from other countries. Supply is coming especially from Canada. Which other countries might be relevant cannabis suppliers in the future?
Canada and The Netherlands are currently the only authorized countries to import into Germany. Supplies are seriously constrained and with Canada becoming a legal recreational country in July 2018, the supply bottlenecks are expected to be exacerbated well into 2019.
Tilray has announced plans to establish a cultivation facility in Portugal to supply the German, and European market in the future.
The governments of Greece, Israel, South Africa, Australia, Chile, Uruguay, and others are currently working with private sector companies to establish their own cultivation and export capabilities.
Germany, with twice the population of California, is a key market for any serious player in the global cannabis industry.
What is your personal opinion about the current German regulation. What will be the next major steps?
Regulation and taxation is always better than the illegality and violence of the black market. Always.
Thank God for the German court system which has brought legalized medical marijuana to the people, if it were up to the politicians, we would still be waiting.
Now the intelligent implementation of recreational laws need to be established to legalize the plant which has been used for thousands of years.
Reducing opioid deaths, helping certain people with their medical conditions, and enabling super-straight people to enjoy jazz music are just some of the benefits of a world where ganja is regulated, safe, and profitable.
The flower of cannabis will always have a place in the market, but in the next years we will see an increase in other forms of cannabis that are more easily consumed….edibles, oils, salves and the like. As a result, GMP (Good Manufacturing Process) certification is going to become very important for those wanting to establish a quality product in the German and European markets.
And if we look at the European Cannabis market. Which major market trends do you identify?
1- Everyone seems to be focusing on cultivation, but this segment is expected to become a commodity item in the near term. Companies may want to look at establishing a product line including “finished products with GMP certification” to become a leading force in this market.
2- At some point the insurance companies are going to become true partners in providing cannabis therapies to the German pharmacies. This will happen as a result of cost-savings and health-benefits realized vs. the current pharmaceuticals offered to patients.
3- In the words of Peter Tosh:
The Berlin Peace Accords (attached) calls for an end to the 80 year World War On Cannabis, and we agree. Legal, regulated, safe and non-violent recreational marijuana markets have already been established in the US and Uruguay, with Canada and others joining the party in 2018.
Pharmaceutical companies don’t like it, Beer companies don’t like it (although the owners of Corona beer just invested $250 million in Canopy Growth’s cannabis business last month) and some short-sighted politicians don’t like it. But “We the People…” have made our opinions known and the calls for a rational, legal, safe and non-violent cannabis market is just a few moments away here in the center of Europe.
These are historic times, Germany is leading the world in many ways, 2018 will be an interesting year.
Jamaica [Current German Coalition) and Cannabis Control Act
Annotation on practical implementation by Kai-Friedrich Niermann, Attorney, Paderborn [Germany]
Let‘s say the coalition partners part this evening and determine the uptake of coalition negotiations. And let us furthermore assume The Green Party with tie-in of FDP achieve Cannabis liberalisation in full as well as pushing through their Cannabis Control Act in the negotiations going on from mid December until shortly before Christmas. And also let’s assume the Cannabis Incorporate Act is then voted in by Bundestag in May or June ; then Germany will be faced with even more massive changes and the latter in various sectors.
The Cannabis Law includes the option of applications for cultivation licences (farming), wholesale trade licences as well as retail licences such as specialist shops. In addition to this import and export licences can be applied for. Expert prior knowledge is not required and simply personal trustworthiness as demanded within public-houses law is stipulated. Business owners must not have previous convictions.
Assuming a conservative estimate of 10 t of Cannabis per week being consumed in Germany this results in an annual demand of 520 t. The production of Cannabis is deemed to result in a harvest of 440 g per m² within a harvest cycle of 52 days which allows for 7 harvests per year. To cover 107% consumption of Germany an acreage of 180.000 m² would be prerequisite.
Breaking down and allocating these figures to an average municipality such as Paderborn with a population of 140.000 this would result in a required cultivation acreage of 307 m².
With the scheduled Cannabis Control Act tax of 4€/g provided by statute, 1€/g for production costs, 2€/g for wholesale trade and also 3 €/g for specialist shops this results in a price of 10€ in total per gram which is equivalent to the current black market price. It will be a balancing act not to drive the price to high to enable draining the black market effectively as intended.
For Paderborn alone and at this retail price it would amount to a turnover for cultivation/farming of approx. 890.000 €, 1,8 million € for the wholesale trade and 2,6 million € for specialist shops.
However the Cannabis Control Act provides for numerous regulations as to Quality Assurance, protection of production lines, safeguarding of youth protection and prevention. Consequently production facilities must be secured with fences and alarm systems. Transport of Cannabis is governed by specified security restrictions, the specialist shops must train their personnel and deliver proof for consistent follow-up trainings as well as a substantial social concept. Also packaging has to be secured to a high extent and must feature comprehensive warning and reconnaissance information.
It remains doubtful that the current illegal Cannabis producers will meet these requirements in full and step out from illegality. For this reason it is to be expected that capital investors who with their capacity are able to administer the task more economically will edge into the market.
Then within the 2nd half of 2018 the race for the desired licences for farming, wholesale trade, import, export and specialist retailers would begin.
Restrictions as to numbers of licence permits are not scheduled within Cannabis Control Act so any desired number of farming facilities or specialist retailers could operate. Indeed we may assume that the Authorities will initially be totally snowed under and will authorise thoroughly drawn up applications at first which are based on convincing technical programmes and a business plans.
Any potentially interested party striving to be a player in this new and strictly regulated market is to focus on the new situation just in time and develop technical and operational concepts, investment concepts as well as calculations of overall return on investment as well as liquidity calculations. And just in time could „slip into gear“ as from tomorrow morning!
RA Kai-Friedrich Niermann
Jamaika und das Cannabiskontrollgesetz
Einige Anmerkungen zur praktischen Umsetzung, von Rechtsanwalt Kai-Friedrich Niermann (Paderborn)
Nehmen wir einmal an, die Jamaika-Koalitionäre gehen heute Abend auseinander und beschließen die Aufnahme von Koalitionsverhandlungen. Nehmen wir weiter an, dass die Grünen im Verbund mit der FDP es schaffen, die vollständige Freigabe von Cannabis zu erreichen und ihr Cannabiskontrollgesetz in den Verhandlungen von Mitte Dezember bis kurz vor Weihnachten durchbringen. Nehmen wir weiter an, dass das Cannabiskontrollgesetz dann vom Bundestag im Mai oder Juni beschlossen wird, dann stehen Deutschland große Änderungen und in vielen Bereichen noch größere Herausforderungen bevor.
Das Cannabisgesetz sieht die Möglichkeit der Beantragung von Anbaulizenzen, Großhandelslizenzen sowie Einzelhandelslizenzen, sogenannte Fachgeschäfte, vor. Ferner können Einfuhr und Ausfuhrlizenzen beantragt werden. Besondere Vorkenntnisse sind nicht erforderlich, es muss lediglich die üblicherweise zu verlangende Zuverlässigkeit, wie im Gaststättenrecht zum Beispiel, vorliegen und beim Geschäftsinhaber dürfen keine einschlägigen Vorstrafen bestehen.
Geht man nach konservativen Schätzungen davon aus, dass pro Woche 10 t Cannabis in Deutschland konsumiert werden, ergibt dies einen Jahresbedarf von 520 t. In der Produktion von Cannabis geht man davon aus, dass ein m² einen Ertrag von 440 g erbringen kann, was bei einem Erntezyklus von 52 Tagen ca. 7 Ernten pro Jahr ermöglicht. Man benötigt also allein 180.000 m² reine Anbaufläche, um dem Bedarf von Deutschland zu 107% zu decken.
Bricht man diese Zahlen auf eine durchschnittliche Kommune wie Paderborn mit einer Einwohnerzahl von 140.000 herunter, ergäbe dies eine benötigte Anbaufläche von 307 m². Bei einer im Cannabiskontrollgesetz vorgesehenen Steuer von 4 €, bei Produktionskosten von 1 €, bei Kosten für den Großhandel von 2 € sowie bei Kosten für die Fachgeschäfte von 3 € pro Gramm ergebe sich ein Grammpreis von insgesamt 10 €, der dem Preis auf dem derzeitigen Schwarzmarkt entspricht. Der Spagat wird sein, den Preis nicht zu hoch zu treiben, um auch tatsächlich, wie beabsichtigt den Schwarzmarkt austrocknen zu können.
Allein für Paderborn ergebe sich bei diesem Verkaufspreis ein Umsatz beim Anbau in Höhe von ca. 890.000 €, beim Großhandel von 1,8 Millionen €, und bei den Fachgeschäften von 2,6 Millionen €.
Das Cannabiskontrollgesetz sieht allerdings zahlreiche Vorschriften bezüglich der Qualitätssicherung, der Sicherung der Produktionsanlagen, der Sicherung des Jugendschutzes und der Prävention vor. So müssen die Produktionsanlagen mit Zäunen und Alarmanlagen gesichert werden, der Transport von Cannabis unterliegt bestimmten Sicherheitsauflagen, die Fachgeschäfte müssen ihr Personal am Beginn schulen und regelmäßige Nachfolgeschulungen nachweisen sowie ein umfangreiches Sozialkonzept erstellen. Ferner müssen die Verpackungen umfangreich gesichert und mit zahlreichen Warn- und Aufklärungshinweisen gestaltet werden.
Ob es für die zahlreichen, bisher illegalen Cannabisproduzenten möglich sein wird, diese Anforderungen in Gänze zu erfüllen und aus der Illegalität herauszutreten, bleibt zu bezweifeln. Es ist daher zu erwarten, dass große Investoren mit größeren Anlagen auf den Markt drängen werden, die allein aufgrund ihrer Kapazität in der Lage sind, kostengünstiger zu wirtschaften.
Sodann würde im 2. Halbjahr 2018 ein Wettlauf um die begehrten Lizenzen für Anbau, Großhandel, Import, Export und Fachhandel beginnen. Eine zahlenmäßige Beschränkung der Erlaubnisse ist vom Cannabiskontrollgesetz nicht vorgesehen, es können also beliebig viele Anbauflächen oder Fachgeschäfte betrieben werden. Allerdings ist davon auszugehen, dass die Behörden zunächst völlig überlastet sind und die Anträge zuerst genehmigen, die vollständig ausgearbeitet sind und denen ein in technischer und betriebswirtschaftlicher Hinsicht überzeugendes Konzept zu Grunde liegt.
Es ist somit allen Interessenten, die in diesem neuen, strikt regulierten Markt agieren wollen, sich rechtzeitig auf die neue Situation einzustellen und bereits jetzt technische Betriebskonzepte, Investitionskonzepte und Rendite- und Liquiditätsberechnungen zu entwickeln. Die Zeit könnte ab morgen früh zu laufen beginnen.
RA Kai-Friedrich Niermann