May I consume cannabis in my own garden?

Your own garden is not named in the list of prohibitions in the Consumer Cannabis Act (KCanG). What matters, however, is who can see or enter the garden and whether children are close by. The law prohibits public consumption at certain places and within their line of sight (§ 5 para. 2 KCanG). It also prohibits consumption in the direct presence of persons under 18 (§ 5 para. 1 KCanG).

What public consumption means

The list of prohibitions in § 5 para. 2 KCanG focuses on public consumption. It names schools, children's playgrounds, facilities for children and young people, publicly accessible sports facilities, pedestrian zones and the enclosed premises of cultivation associations. A private garden that is not publicly accessible does not belong to these places.

It becomes more difficult with gardens that can be seen from public space or to which third parties have access. Whether a garden is then treated as public depends on the individual case. If you are unsure, arrange your consumption so that it cannot be perceived from outside.

Line of sight to schools and playgrounds

The ban also applies within the line of sight of certain facilities. 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 or a playground, you should therefore be especially careful. This applies above all if public space makes the garden visible.

For the line of sight, distance matters. If you live further away, you are outside the area that the law covers with the line of sight. Whether a particular garden falls within that area depends on its location and situation.

Children and young people in the garden

Consumption in the direct presence of persons under 18 is prohibited (§ 5 para. 1 KCanG). This ban applies everywhere, including in the garden. Children often spend time in gardens, neighbouring children included. If you have children in the household or expect visits from young people, you should therefore rule out consumption in the garden.

Home cultivation and the garden

If you also want to grow plants in the garden, you must observe § 9 KCanG. Home cultivation is permitted under § 9 para. 1 KCanG only at your place of residence or habitual abode, and for no more than three cannabis plants at a time. A garden that is not located at your place of residence therefore does not count for cultivation without further ado. More on this is in the guide under Is home cultivation only allowed at your place of residence?

Lease and tenancy agreements

Gardens are often part of a tenancy agreement or a lease, for example in an allotment garden colony. Rules on smoking, noise or use of the garden may apply there. Such rules supplement the law and can be stricter. For questions about leases and tenancies, a tenants' association or a specialist lawyer for tenancy law (Fachanwältin or Fachanwalt für Mietrecht) can help.

Health and consideration for others

A garden is a private space, but smells and smoke often reach the neighbours. The Federal Institute for Public Health (Bundesinstitut für Öffentliche Gesundheit, BIÖG) points out that the young brain is in an important stage of development. For this reason, consumption should be planned so that children and young people are not nearby. A doctor can advise on health questions.

Guests in the garden

If you invite guests into the garden, clarify beforehand whether children may be present. Neighbours can also perceive consumption in the garden. It is therefore worth looking over the fence before consumption begins. Guests should know the same rules as the host: no consumption in the presence of children and no passing on to others.

Anyone who spends time in the garden with other people takes responsibility for their wellbeing. This applies especially when guests drink alcohol or take medication. A doctor can advise on possible interactions.

Anyone who gives guests cannabis in the garden passes it on, and anyone who lets them have it for immediate consumption, for example by handing over a joint, also breaks the law (§ 2 para. 1 nos. 7 and 8 KCanG). Both are punishable under § 34 para. 1 KCanG.

What you can do concretely

• Check whether the garden can be seen from public space.
• Keep the distance to schools and playgrounds in mind.
• Review your lease or tenancy agreement for rules on use of the garden.
• If in doubt, ask a counselling centre or your tenants' association.

In the garden, the same protective rules apply as everywhere else: no children nearby and no visibility to the public.