May I allow guests to consume cannabis in my flat?

Your agreement as the host does not replace any of the rules in the Consumer Cannabis Act (KCanG). This also applies if all guests agree. Three points are especially important when you have visitors: no minors in direct presence, no passing cannabis on to guests, and no driving after consumption.

No minors in direct presence

Consumption in the direct presence of minors is prohibited under § 5 para. 1 KCanG. This covers your own children, the children of friends and young people who come to visit. Before a visit, do a quick check: is anyone under 18 coming? If a young person is in the flat, postpone consumption.

A closed door does not settle the question, because what matters is direct presence. The article May I consume in my flat when children are visiting? goes into this question in more detail.

Passing on is more than consumption

If you give a guest cannabis, you pass it on. Letting someone have cannabis for immediate consumption, such as handing over a joint, is also prohibited under § 2 para. 1 no. 8 KCanG. Under § 34 para. 1 KCanG, handing over, passing on and letting someone have cannabis for immediate consumption are punishable with imprisonment of up to three years or a fine.

Under § 9 para. 2, home-grown cannabis may also not be passed on to others. This applies regardless of whether money changes hands. So if you supply guests with cannabis you have grown yourself, you also cross the line.

When guests drive afterwards

In road traffic, § 24a of the Road Traffic Act (Straßenverkehrsgesetz, StVG) applies. The limit for alcohol is 0.5 per mille in the blood. For THC, the limit value is 3.5 ng/ml in blood serum. A combination of THC and alcohol is a separate offence in road traffic under § 24a para. 2a StVG.

When a fine is imposed under § 24a StVG, § 25 para. 1 StVG provides that a driving ban is generally ordered as well. As a host, you can help ensure that nobody drives after the visit, for example by offering a bed for the night or by calling a taxi.

Flat, landlord and neighbours

The tenancy agreement may contain rules on consumption. House rules can also cover visits and consumption. If you regularly have guests, you should know your tenancy agreement. If there is a dispute with the landlord or neighbours, a tenants' association can help. A specialist lawyer for tenancy law (Fachanwältin or Fachanwalt für Mietrecht) can assess the situation. More on this is in the article Can the landlord ban consumption in the flat?

The host as a protective factor

If you have guests, you can set clear boundaries: no consumption in front of children, no mixing with alcohol before driving, and no amounts to take away. These agreements help everyone involved before a situation arises in which decisions become difficult.

In terms of health, according to the BIÖG roughly one in eight people who use cannabis becomes dependent. If you notice changes in yourself or in friends, talk about them early. The cannabis check on drugcom.de is a first step.

Where to turn

If you are worried about your own consumption or that of your guests, you can reach the Sucht & Drogen Hotline (addiction and drugs hotline) on 01806 313031. Its website is sucht-und-drogen-hotline.de. For questions about your driving licence, the driving licence authority is the right point of contact. For legal questions about possession or passing on, courts decide case by case, and a specialist lawyer (Fachanwältin or Fachanwalt) can classify the matter.

Checklist before the visit

1. Who is coming, and is anyone under 18 among them?
2. Will anyone drive, by car, motorbike or bicycle?
3. Are there guests who cannot decide for themselves whether they want to consume?
4. Is it clear where the supply is stored and that guests do not take anything from it?

The last question often seems unnecessary until it does matter. If you settle it beforehand, you do not have to argue about it on the evening itself.

When the evening takes a different turn

Sometimes a guest unexpectedly arrives with a child or a young person. In that case, the ban in § 5 para. 1 KCanG applies immediately, and consumption is ended or postponed. A calm, clear statement is better than a long explanation. It is similar if someone consumes more than agreed and it is not good for them. Then it is time to end the evening and make sure nobody drives.

Clearing up after the visit

After the visit, a short walk-through is worthwhile. Cannabis, accessories and packaging belong in a locked container. Leftovers on the table are easily reached by children and pets. You should also check that no material has ended up in your guests' bags.

A balcony can play a role in consumption. How this is to be assessed in your case depends on the circumstances. More on this is in the article May I consume on a balcony?