Is it allowed to consume on a balcony?

Whether you may consume cannabis on your balcony depends on two questions: does the consumption take place in public, and are minors in the immediate vicinity? The Consumer Cannabis Act (KCanG) prohibits public consumption at certain places and within their line of sight. It also prohibits consumption in the immediate presence of persons under 18. The tenancy agreement and house rules can set further rules.

Is a balcony public?

The law refers to public consumption. The bans in § 5(2) KCanG name places such as schools, children’s playgrounds, child and youth facilities, publicly accessible sports facilities, pedestrian zones and the enclosed premises of cannabis associations. A private balcony is not one of these places, and the law does not expressly mention private homes.

It becomes harder if the consumption can be perceived from public space. Then the question can arise whether it takes place in public. Whether that applies in an individual case depends on the situation. If you are unsure, do not consume when passers-by, neighbours or a playground are directly in view.

Line of sight and distance from schools

The bans for schools, playgrounds and other facilities also apply within sight of them. According to the wording of the law, the line of sight ends at a distance of more than 100 metres from the entrance area of the facility. If you live near a school, do not treat your balcony as a safe place.

Minors nearby

Consumption in the immediate presence of persons under 18 is prohibited (§ 5(1) KCanG). This ban is independent of location and public character. On a balcony it matters especially, because children often have access there and consumption quickly becomes noticeable. What immediate presence means in an individual case depends on proximity and the situation. There is no rule of thumb, so the principle is: children and young people should not be nearby.

Tenancy agreement, house rules and neighbours

Additional rules often apply to balconies. The tenancy agreement, the house rules or the landlord can set out whether smoking or consumption is allowed on the balcony. Such rules apply in addition to the law. If neighbours complain about smells or smoke, the house rules can also play a role.

If there is a dispute with the landlord, the tenants’ association can help. A specialist lawyer for tenancy law can examine the legal position in the specific case.

Possession and quantities on the balcony

If you store cannabis on the balcony, you must keep within the statutory quantities. Under § 3(1) KCanG, possession of up to 25 grams is permitted for people aged 18 and over. At the place of residence or habitual abode, § 3(2) No. 1 KCanG sets a limit of up to 50 grams for flowers, leaves close to flowers or other plant material, in each case based on weight after drying. Both limits together may not exceed 50 grams (§ 3(2), second sentence, KCanG).

Health on the balcony

The place does not change the health risks. The Federal Institute for Public Health (BIÖG) points out that the young brain is in an important stage of development. Anyone who consumes regularly should therefore consider who in the household or neighbourhood may be affected too. For health questions, a doctor is the right point of contact.

Visitors on the balcony

If guests consume with you on the balcony, the situation does not change in principle. The same questions remain: is the consumption taking place in public, and are minors in the immediate vicinity? Hosts should clarify in advance who is coming and whether children in the neighbourhood may be around.

Anyone sharing a balcony with neighbours should also show consideration. Smoke drifting onto neighbouring balconies or smells in the stairwell can lead to disputes. A short conversation beforehand helps avoid misunderstandings.

The same applies to parties with several guests. Consumption remains tied to the balcony, and the rules on children and line of sight apply equally to everyone involved.

Anyone who keeps plants on the balcony is also subject to the rules on home cultivation under § 9 KCanG. These rules depend on the place of residence or habitual abode and on the number of plants. At the place of residence, at most three plants may be grown at the same time, and the harvest may not be passed on to third parties (§ 9(2) KCanG).

What you can concretely do

• Check whether children or young people can be nearby before you consume.
• Review the tenancy agreement and house rules for rules on balconies, smoke and smells.
• Respond to complaints from neighbours calmly and look for solutions.
• If there is a dispute with the landlord, ask the tenants’ association or a counselling service.

Anyone who uses the balcony with care avoids many conflicts. The basic rule remains: children and young people are excluded from any consumption.