Is there a consumption ban in pedestrian zones?
In pedestrian zones, a consumption ban for cannabis applies between 7 a.m. and 8 p.m. This is set out in § 5 para. 2 no. 5 of the Consumer Cannabis Act (KCanG). The rule is narrowly drawn: it names a fixed time window and concerns consumption in public spaces. If you want to consume in a pedestrian zone, check the time first and then the other bans that may apply at the same place at the same time.
What the rule prohibits in pedestrian zones
The KCanG prohibits public consumption in several places. These include schools and their line of sight, children's playgrounds, facilities for children and young people, and publicly accessible sports facilities. The pedestrian zone is a separate point in the same provision. There, the ban applies only between 7 a.m. and 8 p.m. An overview of all bans is in the article What is prohibited under the Cannabis Act?
The time of day is the rule for the pedestrian zone itself. If a school or a playground is nearby, the rule for those places also applies, and that depends on the line of sight. The article How is the line of sight determined in individual cases? explains this. Under § 5 para. 2 sentence 2 KCanG, the 100-metre rule on line of sight applies only to schools, playgrounds, facilities for children and young people, sports facilities and cultivation associations, not to the pedestrian zone.
The time window in everyday life
The time window starts at 7 a.m. and ends at 8 p.m. Anyone consuming in a pedestrian zone at 7:45 p.m. is still within the ban. Anyone there at 8:30 p.m. is outside the time window. The time rule is the core of the provision, but the other bans in § 5 remain in place alongside it.
This applies above all to consumption in the direct presence of minors. § 5 para. 1 KCanG prohibits it regardless of the time of day. So if you smoke at 9 p.m. in a busy street and a child is close enough to notice the consumption, you can still break this ban.
Overview: where you may not consume in public
| Place or situation | Rule in the KCanG |
|---|---|
| Pedestrian zone | Ban between 7 a.m. and 8 p.m. (§ 5 para. 2 no. 5) |
| School and its line of sight | Ban (§ 5 para. 2 no. 1) |
| Children's playground and its line of sight | Ban (§ 5 para. 2) |
| Direct presence of minors | Ban (§ 5 para. 1) |
Terms explained briefly
The term public consumption describes, in everyday terms, consumption in places that are open to everyone. A pedestrian zone is such a place. Direct presence means that a person is close by while you consume. The law names no distance in metres, so the individual case decides. The line of sight describes the area around a protected place within which consumption can fall under the ban. Whether a place lies within this line of sight depends on the circumstances.
Practical steps before you consume
- Check the time. If you consume between 7 a.m. and 8 p.m., the ban for pedestrian zones applies.
- Look at your surroundings. Is there a school, a children's playground, a facility for children or young people, or a publicly accessible sports facility nearby?
- Check the people. Is a minor close enough to notice the consumption?
- If in doubt, postpone. If you are not sure, wait and choose a different place.
Common misunderstandings
A widespread misconception is that everything is allowed on the street after 8 p.m. The time rule is only one building block, however. The bans relating to minors and to schools do not depend on the time of day.
A second misconception is that the rule only applies once someone complains. The ban is tied to place and time. Whether anyone feels disturbed plays no role in the provision.
Health and prevention
Pedestrian zones are busy places where children and young people are out and about. The ban on consumption in the direct presence of minors (§ 5 para. 1 KCanG) applies there at any time of day.
For health, the key point is that the young brain is in an important stage of development. The BIÖG explains on cannabispraevention.de that consumption can affect this development. In the worst case, a school or vocational qualification can be at risk, because memory works less well.
If you use cannabis regularly, check your own use. A cannabis check on drugcom.de helps with a first assessment.
Where to turn
If you cannot keep your own use under control, you can reach the Sucht & Drogen Hotline (addiction and drugs hotline) on 01806 313031. Its website is sucht-und-drogen-hotline.de. If you are worried about a young person, the parents' helpline of the Nummer gegen Kummer is available on 0800 111 0 550. For questions about a report or a fine, courts decide case by case, and a specialist lawyer (Fachanwältin or Fachanwalt) can classify the matter.
Frequently asked questions
May I smoke cannabis in a pedestrian zone?
Not between 7 a.m. and 8 p.m. The KCanG prohibits public consumption in pedestrian zones during this period (§ 5 para. 2 no. 5). The ban applies regardless of whether anyone feels disturbed. The ban on consumption in the direct presence of minors also applies outside this period if a child is close enough to notice the consumption (§ 5 para. 1). If you are unsure, wait and choose a place without a school, a playground or children nearby.
What if I am in a pedestrian zone after 8 p.m.?
The time alone does not decide everything. The other bans in § 5 remain in place, including schools with their line of sight and the direct presence of minors. Whether you are affected in a specific case depends on the place and the circumstances. In a specific incident, a specialist lawyer (Fachanwältin or Fachanwalt) can assess the situation.
Where can I get help if I am dissatisfied with my own use?
The Sucht & Drogen Hotline is available on 01806 313031, and its website is sucht-und-drogen-hotline.de. drugcom.de offers information and a cannabis check as a self-test. If you notice that you can no longer control your use, speak early with an addiction counselling centre near you. There you can find out which services are available locally.