Definition and general meaning of the term ‘Grower’
Als Grower generally refers to a person who systematically grows plants—especially cannabis—often on a larger scale. While the term can fundamentally be applied in agricultural contexts to the cultivation of all kinds of plants, in everyday language and especially in legal contexts, it typically refers to the cultivation of narcotic plants. As a result, the term ‘Grower’ is usually associated with criminal offenses under the Narcotics Act (BtMG).
Legal framework in Germany
Legal foundations
Narcotics Act (BtMG)
Under German law, the Narcotics Act (BtMG) is the central legal basis for dealing with cannabis and other narcotics. According to § 29 (1) BtMG, unauthorized cultivation of cannabis is a criminal offense, among others. While the term ‘Grower’ is not explicitly mentioned in the law, it is used in investigations and court proceedings to refer to individuals guilty of unauthorized cultivation.
Criminal law relevance of cultivation
Unauthorized cultivation and possession
Growers generally face criminal liability under § 29 BtMG if they cultivate hemp plants in flowerpots, grow tents, or open areas without official permission. The act of cultivation itself is punishable—regardless of whether possession, acquisition, or further sale of the harvested plants takes place later.
Commercial activity and groups
If cultivation is conducted jointly by a group or with the intent to make a profit, aggravating circumstances under §§ 29a, 30, 30a BtMG may apply. This particularly includes commercial or gang-related actions by one or more growers.
Personal use and small quantities
Even in cases of cultivation for personal use—which is often claimed by the affected grower during investigations—the act remains a criminal offense. Only the question of sentencing may be assessed differently in individual cases, especially if it can be proven that there was no transfer to third parties.
Procedures, investigations, and evidence
Investigative measures
The identification of so-called growers often occurs through tips, unusual electricity consumption, the development of odors, or as part of other investigations. Police use house searches, parcel inspections, surveillance, and telecommunications monitoring for evidence collection.
Evidence and forensic methods
In a legal context, the securing and analysis of plants and technical equipment (e.g., lamps, ventilation systems, fertilizers), as well as the assessment of seized substances, are of significant importance. The exact amount (net weight and active ingredient content) is crucial for classifying the offense and determining the sentence.
Possible sanctions and legal consequences
Sentencing
The sentence for growers varies significantly depending on the scale of cultivation, motive, and other circumstances. Penalties range from fines to imprisonment and can be several years in cases of commercial or gang-related cultivation or particularly large amounts of cultivated plants.
Collateral consequences
In addition to criminal sanctions, various collateral consequences may arise, including:
- Revocation of driver’s license
- Asset confiscation in case of significant profits
- Entry in the criminal record certificate
- Restriction of parental custody if children in the household are endangered
Exceptions and legality
Medical and scientific cultivation
The cultivation of cannabis for medical or scientific purposes is permitted under § 3 BtMG under strict government control and only with approval from the Federal Institute for Drugs and Medical Devices (BfArM). In such cases, professional growers establish legal production and distribution channels.
Private home cultivation following new regulations from 2024
With the entry into force of new legal regulations—namely the Act on the Controlled Handling of Cannabis and the Amendment of Other Regulations (CanG) in 2024—the private home cultivation of cannabis for personal use has been partially legalized for adults under strict conditions. However, there continue to be strict requirements regarding amount cultivated, distribution, and protection of minors.
International law notes
Legal actions against growers are structured differently in other countries as well. The spectrum ranges from complete legalization to licensed distribution and strict prohibition. Consequently, growers who operate or travel across borders may face additional legal risks on a case-by-case basis.
Summary
From a legal perspective in Germany, the term ‘Grower’ is primarily associated with the prohibited and criminal cultivation of cannabis. Unauthorized cultivation constitutes an independent criminal offense under the Narcotics Act and can have serious criminal and other consequences. Exceptions only apply under narrow conditions, such as for medical or officially-approved scientific cultivation. The latest legal changes now permit limited private home cultivation under strict conditions. The classification as a ‘grower’ is always subject to detailed investigations and assessment of individual circumstances in legal proceedings.
Frequently Asked Questions
Is the private cultivation of cannabis as a so-called grower legal in Germany?
Private cultivation of cannabis for personal use in Germany is subject to the Cannabis Act (CanG) and, since 2024, is permitted for adults under certain conditions. Under this law, adults may cultivate up to three cannabis plants at a time in their home or on their enclosed property, provided the plants are exclusively for personal consumption. The transfer, sale, or distribution of cannabis—even in small amounts—remains prohibited and may be prosecuted. In addition, the plants must be inaccessible to minors, which obliges cultivators to implement special security measures (e.g., lockable rooms). Violations, such as cultivating more than three plants or inadequate protection against access by minors, are punishable as administrative offenses or crimes. The use of open light sources, such as HPS lamps, is subject to additional fire safety regulations. It is also particularly important that cultivation in rented apartments or multi-family buildings may violate rental agreements or community living rules, leading to civil law consequences (such as warnings or termination). Furthermore, commercial growing—that is, cultivation for profit—remains a criminal offense and is subject to the Narcotics Act (BtMG).
What legal requirements exist for home cultivation in terms of storage and security of the plants?
The Cannabis Act provides clear regulations regarding the security and storage of cannabis plants and products. The plants and the cannabis produced from them must be secured so they are protected from access by minors. This means that growers must keep the plants in lockable rooms or locked cabinets. It is also prohibited for the plants or consumable products to be visible from outside, to reduce the potential for theft or unauthorized access. Failure to comply with these safety requirements is considered an administrative offense and can be fined. In cases where others—especially minors—are endangered, there is an increased risk of criminal consequences, for example for breach of duty of care or supervision according to § 171 StGB.
What restrictions apply to the purchase of seeds or cuttings for private growing?
The new Cannabis Act allows the purchase of seeds and cuttings for private cultivation only from legal sources. These are limited to licensed dispensaries, Cannabis Social Clubs, or possibly pharmacies, provided they have the appropriate license. Importing seeds from abroad is generally prohibited and may be deemed a violation of the Narcotics Act. Purchasing from unauthorized online shops, private individuals, or foreign suppliers is also forbidden and can result in criminal charges or fines. Transferring or exchanging cuttings or seeds between private individuals is illegal, just as distributing cannabis products. Special caution is required with seeds of THC-rich strains, since industrial hemp seeds (containing less than 0.3% THC) are treated under different legal provisions.
Are there any reporting or documentation requirements for private growing?
Under the current legal framework, there is no explicit reporting requirement for private individuals who grow up to the permitted maximum of three cannabis plants in Germany. However, growers are required to comply with the maximum quantities and other stipulations set forth in the law. There are no documentation duties in the sense of official registration or written records, as long as the cultivation is clearly for personal use and the legal limits are not exceeded. However, if there is suspicion that cultivation exceeds personal use (e.g., discovery of prohibited quantities of plants or dried material), law enforcement authorities may initiate investigations for violations of the BtMG.
Are several adult persons in the same household allowed to each grow three cannabis plants?
The law provides that each adult in the same household, in principle, has the right to own and cultivate up to three cannabis plants for personal use. The total number of plants in the household can therefore increase accordingly, as long as it is clearly demonstrable that each plant is assigned to a specific person and intended for their personal use. From a legal perspective, it is advisable to ensure proper allocation and separation of plants, for example with name tags or separate care logs. If a police inspection leads to ambiguity regarding plant assignment, or if there is suspicion that one person is tending more than three plants, investigations and potential sanctions may result.
What are the consequences of violating the legally permitted plant limit or other regulations?
Exceeding the permitted plant limit of three plants per adult, lack of protection against access by minors, or unauthorized distribution of cannabis can have various legal consequences. For minor violations (for example, one plant too many), administrative proceedings with fines can result. However, if it is determined that limits are significantly exceeded or there is even a commercial intent, criminal investigations under the Narcotics Act may be initiated. The consequences range from criminal charges and home searches to imprisonment in particularly severe cases. If minors are involved or endangered, additional youth protection and family law measures (e.g., removal of parental custody) may apply.
What tenancy law aspects and risks need to be considered when growing indoors in a rental apartment?
Tenants who wish to grow cannabis in their apartment should check whether their rental or house rules allow this. Many rental agreements contain clauses prohibiting cultivation of plants with significant odor or pest risks. Structural changes to the apartment, such as installing grow tents, ventilation shafts, or lighting, may also be forbidden without the landlord’s permission. In the event of odor nuisances, increased electricity consumption, or mold formation, there is a risk of a warning or—in the case of repeated and serious breaches—even immediate termination. In addition, cultivation must not violate fire safety or other safety requirements. Failure to comply can lead in addition to civil law consequences to liability for damages incurred.
