How far do I have to keep away from schools?

Public cannabis consumption is prohibited under § 5(2) KCanG in schools and within sight of them. According to the law, the line of sight ends at a distance of more than 100 metres from the entrance area of the school. So anyone wanting to know how far they must keep away from a school gets the answer in two parts: inside the school, public consumption is banned, and in the surroundings, the line of sight is what counts.

What the provision regulates

The paragraph names a list of places where public consumption is not allowed. Schools are among them, as are children’s playgrounds, child and youth facilities, publicly accessible sports facilities and the enclosed premises of cannabis associations. For schools, the line of sight is named in addition. That means that someone who consumes outside the school grounds can be affected too, if they can be seen from the school area.

The rule is therefore less a distance requirement than a question of visibility. What matters is whether the consumption takes place within sight of the school.

Explaining the 100-metre limit

The law sets the limit of the line of sight at a distance of more than 100 metres from the entrance area of the school. At a greater distance, the line of sight no longer applies under the law. Within that area, consumption has to be assessed in the individual case. How the line of sight is determined in daily life is not a question that a fixed number of metres can answer. It depends on the circumstances.

This is an important distinction. A school on a hill has a different line of sight from a school in a narrow street. The law names the limit, but its application in the individual case remains open.

Situation	Legal position under the KCanG
Consumption on school grounds	prohibited
Consumption within sight of the school	prohibited
Consumption at a distance of more than 100 metres	line of sight no longer decisive under the law

The confusion with the club location

Many people confuse this limit with the rule for cannabis social clubs. There, a protected zone of 200 metres applies around the entrance area of schools, child and youth facilities and children’s playgrounds. That rule concerns the location of a cannabis association, not the consumption of an individual person. The two rules should be considered separately so that nobody applies them wrongly.

Consumption near schools in everyday life

In everyday life, the rule mainly affects people who live or work near schools. Parents collect their children, young people go to school, and adults want to use their break. A bus stop directly outside the school gate may lie within the school’s line of sight. Whether it does depends on the location.

Parks and green spaces also often belong to the surroundings of schools. Anyone consuming there should check whether the school can be seen from the spot. If it can, a lot speaks for the line of sight being affected.

Why the rule serves youth protection

The provision protects children and young people from visible consumption during the school day. Schools are places where young people spend a great deal of time. The protection matters for health too, because according to drugcom, an early start to use has lasting effects on cognitive performance. These effects are not harmless, because they can affect school development.

What counts when the distance is close

At the edge of the line of sight, the surroundings often decide. A wall, a bush or a building can restrict the view, and that affects the assessment. The law does not name these factors individually, so the assessment depends on the specific location. If you are unsure, move the consumption well away to a place that is not within sight.

Parents and collection situations

Parents who collect children from school often find themselves in situations that are not entirely clear. Whether you are only passing by briefly does not play an express role for the question of consumption. Anyone who is waiting in front of a school should therefore not plan any consumption nearby before the children have been collected.

A separate rule applies to pedestrian zones: there, public consumption is prohibited between 7 a.m. and 8 p.m., and the 100-metre rule plays no role for that. More on this is in the article on the consumption ban in pedestrian zones.

Schools and other protected places

The line-of-sight rule expressly names schools. For other protected places, such as children’s playgrounds or publicly accessible sports facilities, the line of sight under § 5(2) KCanG also applies. Consumption near a playground should therefore be assessed in a similar way to consumption near a school. The article on the distance to nurseries explains the details for Kitas.

Typical mistakes in the assessment

A common mistake is to measure only the distance and forget the view. A spot can be some way off and still be easily visible. Conversely, a school can lie behind a building and still be close. Distance is therefore only part of the question.

A short check before consumption

Anyone who is out and about and does not know the surroundings should do a short check before consuming. Is there a school, a playground or a facility nearby? Can the spot be seen from there? Asking these questions takes a few seconds and prevents many mistakes.

What you can do now

Before you consume in a place, check whether a school is nearby and whether it can be seen from the spot. If you are unsure, move the consumption to a place that is well away and outside the line of sight. The wording of § 5 KCanG is available at § 5 KCanG. How the line of sight is assessed in an individual case is explained in the article on the line of sight in individual cases. For questions about a specific charge, a lawyer with experience in narcotics law can help. This article does not replace legal advice.