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Lawsuit Filed Against Bavaria For Preventing Cultivation Associations

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Earlier today, CSC Inntal eV filed a lawsuit against the Bavarian government after its building permit was denied. CSC Inntal eV was one of the first cultivation associations to receive initial approval in Bavaria. The cultivation association’s lawsuit is being financed by the German Hemp Association (DHV).

“Even before the cannabis law came into effect, the Bavarian state government announced to the coalition government that it intended to interpret the law in the most restrictive way possible. Health Minister Judith Gerlach (CSU) had declared that Bavaria would use all available means to oppose the law. This stance is noticeable in many ways in Bavaria, including among cultivation associations, the so-called Cannabis Social Clubs (CSCs).” stated DHV in a press release (translated from German to English).

The responsible authority in Bavaria only approved the first three cultivation associations in April 2025, including the CSC Inntal, “due to unavoidable legal constraints.” However, the state government has managed to completely prevent the actual cultivation of cannabis in Bavaria through legal loopholes in building regulations.” DHV continued.

“According to them, operating a cultivation association is only permissible under planning law in special areas as defined in Section 11 of the German Building Code (BauNVO) – areas that do not exist anywhere in Bavaria and are not currently planned.” DHV added. “Other German states treat CSCs pragmatically under building law, for example, as horticultural businesses. From the perspective of the German Hemp Association, it is therefore obvious that Bavaria is attempting to circumvent federal law and prevent cultivation associations with this convoluted classification under building regulations.”

“Politicians promised to curb the black market and channel consumption into legal, controlled structures. That is precisely what we, as a growers’ association, aim to achieve. Instead, despite having the necessary permits, we are being blocked by building regulations that effectively amount to a cultivation ban for all of Bavaria. We are now fighting this in court. The fact that the German Hemp Association is supporting this case is of great importance to us and anything but a given.” said Florian Degenhart, Board Member CSC Inntal Raubling eV.

“The high level of resistance from Bavarian building permit authorities to the establishment of cannabis cultivation associations is unprecedented. It remains to be seen how the courts will assess the justification presented for the necessity of a special zone.” stated lawyer Dominik Kraft, who is representing CSC Inntal eV and filed a corresponding statement of claim today.

“Like several others, the Inntal Cannabis Social Club (CSC) has overcome all the obstacles the state government has placed in its way. All requirements have been met. The permit from the responsible authority has been in place for over a year. The CSU’s highly creative interpretation of building regulations is the last straw in its attempt to prevent state-controlled cannabis cultivation. Therefore, the German Hemp Association (DHV) is funding the proceedings as a test case, so that a legal alternative to the black market can finally be offered in Bavaria.” DHV wrote in its press release.

“It is quite astonishing how much energy Söder & Co. are investing to prevent a state-controlled alternative to the black market.” added Georg Wurth, CEO of the German Hemp Association (DHV).

According to the Federal Association of Cannabis Growers (BCAv), a total of 439 cultivation association applications have been approved so far in Germany, out of 876 applications submitted to local authorities.

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