Is passing cannabis on to young people punishable?

Yes, passing cannabis on to young people is punishable. Anyone who gives away or passes on cannabis commits a criminal offence (§ 2 para. 1 no. 7, § 34 para. 1 no. 7 KCanG), and so does anyone who makes it available for immediate consumption or administers it (§ 34 para. 1 nos. 8 and 9 KCanG). The penalty ranges up to three years' imprisonment or a fine. A person over 21 who passes cannabis on to a child or a young person generally commits a particularly serious case, with imprisonment from three months to five years (§ 34 para. 3 KCanG). Under § 1 nos. 18 and 19 KCanG, children are persons under 14 and young people are persons aged 14 to under 18. This article explains the provisions. It does not replace legal advice in an individual case.

What § 34 KCanG provides on passing on

The basic rule is in § 34 para. 1 KCanG. Imprisonment of up to three years or a fine is imposed on anyone who, among other things, gives away or passes on cannabis (no. 7), makes it available for immediate consumption (no. 8), or administers it (no. 9). This applies regardless of the age of the recipient and regardless of whether money changes hands. Someone who hands a friend a joint makes cannabis available for immediate consumption. An attempt is also punishable (§ 34 para. 2 KCanG), and for negligence there is a penalty of up to one year's imprisonment or a fine (§ 34 para. 5 KCanG).

Particularly serious cases involving children and young people

A particularly serious case generally exists where a person over 21 gives away or passes on cannabis to a child or young person, makes it available for immediate consumption or administers it (§ 34 para. 3 sentence 2 no. 3 letter a KCanG). The penalty is then imprisonment from three months to five years (§ 34 para. 3 sentence 1 KCanG). The same applies to a person over 21 who induces or encourages a child or young person to carry out certain acts, for example to obtain cannabis (§ 34 para. 3 sentence 2 no. 3 letter b KCanG).

It becomes stricter still in the cases of § 34 para. 4 KCanG. Anyone who acts on a commercial basis in these cases, or as a person over 21 induces a person under 18 to trade, import or export, pass on or otherwise place cannabis on the market, faces imprisonment of not less than two years. A standard example does not decide the matter on its own. How a court classifies a case depends on all the circumstances. For specific allegations, a lawyer specialising in the field can help.

Consumption in the presence of minors

Independently of passing on, consumption in the immediate presence of persons under 18 is prohibited (§ 5 para. 1 KCanG). A breach is a regulatory offence (§ 36 para. 1 no. 4 KCanG). The ban on consumption also applies, among other places, at schools and in their line of sight, on children's playgrounds, in child and youth facilities, and within the fenced-off premises of cultivation associations and in their line of sight (§ 5 para. 2 KCanG). The line of sight ends at a distance of more than 100 metres from the entrance area. At the place of residence, cannabis and propagation material must also be protected from access by third parties, in particular children and young people (§ 10 KCanG).

Why clubs keep access tight

A cultivation association may only have members who have turned 18 (§ 16 para. 1 KCanG). It may not grant persons under 18 access to the fenced-off premises (§ 23 para. 1 KCanG), and at every handover it must check age (§ 19 para. 2 KCanG). If an association hands cannabis over to a person under 18, it exceeds the limits of its licence, because the exceptions to the passing-on ban only apply to persons who have turned 18 (§ 2 para. 3 KCanG). In addition, when handing over, the association must point out possible neurological and health damage from use under the age of 25 (§ 21 para. 3 sentence 2 no. 1 KCanG). The article Which access rules apply to visitors? shows how this protection applies at the entrance. Whether young people may become members is answered in May young people become members of a club?

Health of young people

The law protects young people legally and with regard to their health. It expressly obliges associations to point out damage from use under the age of 25 (§ 21 para. 3 KCanG). More on brain development is in the article Until what age does the brain continue to develop?

Help for parents and specialists

Parents who are worried can find information and services at cannabispraevention.de. The parents' helpline of Nummer gegen Kummer (a German helpline for children and young people) can be reached on 0800 111 0550 (nummergegenkummer.de). An addiction counselling centre locally can help you assess the situation. Specialists in schools and youth work can also refer people there.

What you can do if you are worried

• Do not pass on cannabis to minors yourself, not even once and not to try.
• Find out about the legal situation and the risks through the counselling services named above.
• If a criminal offence is suspected, get legal advice before making any statement, whether as a suspect or as a witness.

Further information on youth protection is on the page Youth protection.