In Germany you are allowed to smoke weed, but not in Austria. You can buy cannabis plants there - but anyone who brings them to Bavaria risks being reported.
Last Friday, border control in Neuhaus am Inn. The officers from the Passau border police station are actually here to take action against illegal migration. At around 4 p.m. they checked a driver. The 28-year-old from Passau has just come from Austria, which is within sight on the other side of the Inn. He has three marijuana plants in the car. Advertisement. A few days earlier: Police officers stopped a BMW in Neuhaus in which a 31-year-old and a 29-year-old from Eggenfelden were sitting - they had six marijuana plants with them. Advertisement.
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Stoner bang in Bavaria: Government issues far-reaching bans
Cannabis law in Germany: Smoking weed is legal – but importing and exporting plants is not
The new cannabis law has been in force in Germany since Easter Monday. Since then, the Passau border police alone have found and confiscated 20 marijuana plants. The police in the Bad Reichenhall and Berchtesgaden area also report several cases. Although consumption is permitted in Germany under certain regulations, the import and export of plants is still a criminal offense. The seven suspects caught by the police in Neuhaus were men between the ages of 18 and 60. They said they didn't know that. Awareness of injustice? None. The plants were stowed in a clearly visible place in the trunk or footwell. And: “They willingly showed their receipts,” says the spokesman for the border police inspection. Because in Austria you can legally buy marijuana plants. And owning three plants is now allowed in Germany. Cannabis chaos in the border area.
Plants in Austria, smoking weed in Germany – cannabis chaos at the border
In Austria there are stricter rules for stoners; unlike in Germany, consumption in public is prohibited. But while there is still no legal way to buy cannabis or cannabis plants on the German side, there are numerous specialist shops in the neighboring country - three in the 5,300-inhabitant town of Schärding alone. Alex, who doesn't want to read his last name in the newspaper, opened one of them at the end of January. The 28-year-old comes from Neuhaus on the Bavarian side. He says: “Most of my customers come from Germany.”
On some days there are up to 20 - but he does his main business in the online shop, through which he sells plants and seeds across Europe, as well as technical equipment such as planting tables or irrigation systems. His business complies with legal requirements: “The plants are legal in Austria until they bloom,” explains Alex. They only become illegal when they are larger, bloom and the active ingredient develops. Alex grows the cuttings himself; they are called “Apple Fritter – Original Lumpy’s Cut” or “Gary Payton – Original Cookies Cut” and cost between 15 and 35 euros. He sells them at about ten centimeters, i.e. before they bloom.
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Ministry of Health explains legal question – seeds are allowed
The plants that the border police had seized were larger and further along in the development of the active ingredient - and that was probably the reason for the reports. When asked by our newspaper, the Bavarian Ministry of Health explains the legal situation: According to a spokesman, the import and export of cannabis - and therefore also cannabis plants - for consumption purposes is prohibited. However, the import and export of “propagating material” – i.e. cannabis seeds and cannabis cuttings – is not generally prohibited. Important: Cuttings must not have any inflorescences or fruit stalks. The rules for seeds are simple: They may be imported from EU countries if the purpose is private or community cultivation in growing associations. However, shop owner Alex sells his customers significantly more cuttings than seeds. “The quality is better,” he says.
The situation at the border will probably change if growing associations are allowed in Germany from July 1st. How many of them there will be is unclear - at the moment it is not even possible to apply for approval for such a club, the responsible state office of health said upon request. A central control unit is currently being set up.