May parents give cannabis to their children to use?

Parents may not give cannabis to their children for use. The Consumer Cannabis Act (KCanG) makes handing over and passing on cannabis a criminal offence, and this applies even when parents mean well. Anyone who wants to know where the line is will find the answer in the law: passing cannabis on to minors is a criminal offence, and consumption in their direct presence is prohibited.

What the KCanG says about passing cannabis on

The KCanG prohibits handing over and passing on cannabis. Under § 34 of the law, the basic offence already carries a penalty of imprisonment of up to three years or a fine. The basic offence refers to the prohibition in § 2 para. 1 no. 7, and this provision sets no minimum age for the person who receives the cannabis. Letting someone have cannabis for immediate consumption, such as handing over a joint, is also prohibited under § 2 para. 1 no. 8 and § 34 para. 1 no. 8 KCanG.

Liability therefore does not depend on how old the person is who receives the cannabis. Age does play a major role, however, for the sentencing range, as the next section shows. For parents it is important to know the rule without exception: cannabis does not belong in the hands of children, not even as a supposedly harmless gesture.

Why the age of those involved changes the sentencing range

The law contains an example of a particularly serious case. An example of this kind describes a group of cases that is generally regarded as particularly serious and therefore carries a higher sentencing range. Here, the case concerns passing cannabis on to a child or a young person by a person over 21. For this, the law provides for imprisonment of three months to five years.

The provision is tied to the age of the persons involved, not to their relationship to each other. Whether the person passing the cannabis on is the mother, the father, an uncle or a friend of the family makes no difference to this example, as long as the age criterion is met. Parents are often over 21, which is why this example applies to them particularly directly.

What this means for young people

Young people can also be caught by the ban if they pass cannabis on. The example with the higher sentencing range refers to persons over 21. The basic offence sets no minimum age. How proceedings against young people are conducted is a question for a lawyer.

Consumption in the presence of children

A separate ban applies to consumption itself. Under § 5 para. 1 KCanG, consumption in the direct presence of minors is prohibited. The age limit is 18. This means that, in addition to passing cannabis on, smoking or vaporising while a child or young person is present is also covered.

Which situations fall under direct presence is decided case by case by an authority or a court in case of doubt. If you have children in the household, plan consumption so that no child can be present. In practice, this means consuming at times when children are not in the same room and keeping cannabis out of reach. The article How must I secure cannabis from children? explains how to do this.

Possession limits for adults

The possession rules are aimed at adults. From the age of 18, possession of up to 25 grams of cannabis for personal use is permitted. At your place of residence or habitual abode, a limit of up to 50 grams applies to flowers, leaves close to flowers or other plant material. These amounts describe what adults may have for their own use.

• Possession for personal use from the age of 18: up to 25 grams.
• At your place of residence or habitual abode: up to 50 grams of flowers or plant material.
• Passing cannabis on to other persons: punishable under the basic offence.

A possession amount is therefore not a permission to pass cannabis on. Even if you keep to the amounts, you may still not hand cannabis over to children or young people. The detailed amount rules are in the article May young people possess cannabis?

What experts say about young people

The young brain is in an important stage of development, and cannabis use can affect this development. According to the BIÖG, in the worst case a school or vocational qualification can be at risk, because memory works much less well. The BIÖG also reports that people who use cannabis more often develop psychosis than people who do not.

According to the BIÖG, roughly one in eight people who use cannabis becomes dependent. Drugcom adds that psychological dependence can develop with long-term use. According to drugcom, starting to use cannabis early has lasting effects on cognitive performance. For parents this means that warning signs should be taken seriously.

• Watch for changes in school performance, sleep or circle of friends.
• Look out for withdrawal, a drop in performance or money problems.
• Seek advice early, before conflicts escalate.

Typical situations in family life

A young person asks you to get cannabis for them or to give them a joint. The law treats passing cannabis on to minors as a criminal offence, and the child's request does not change this. In this situation, a clear no helps, combined with an offer to talk about the wish.

Another example: you smoke on the balcony in the evening while your son is watching television in the living room. Whether this counts as consumption in direct presence depends on the individual case. If you want to avoid that question altogether, consume when there are no children in the house. If you are unsure, it is best to refrain from consuming in this situation.

How parents protect children in everyday life

The first step is storage. Cannabis belongs in a container that children and young people cannot access, regardless of how well they know the hiding place. The conversation about the reasons for the rule is also important.

It also helps to separate consumption from family life in time. If you expect visits from your children's friends, agree in advance that no cannabis is lying around. An overview of the rules on youth protection is available at Youth protection, and the article How does the KCanG protect children and young people? explains the legal basis.

What you can do concretely

If you are unsure whether passing on or consumption has already been an offence, a lawyer can clarify this. If you are worried about cannabis use in the family, a local addiction counselling centre can help, and parents can reach the Nummer gegen Kummer parents' helpline on 0800 111 0 550. If criminal proceedings are underway or you are under suspicion, a lawyer is the right contact. This overview does not replace legal advice and only sets out the framework of the law.

If you want to explore the background further, the Law and regulation topic page has more articles on possession, consumption and penalties. The rules for parents and specialists are in the Prevention and youth protection topic page.