What applies if you slightly exceed the possession limit?

Anyone who is slightly over the permitted amount usually first wonders what happens now. The Consumer Cannabis Act (KCanG) sets clear quantity limits: 25 grams for personal use from the age of 18, and up to 50 grams at your place of residence or habitual abode for flowers, leaves close to flowers and other plant material. Slightly exceeding the limit while out and about, at more than 25 and up to 30 grams, is an administrative offence (§ 36 KCanG). At your place of residence, a total of more than 50 and up to 60 grams is also an administrative offence. Above these amounts, possession is a criminal offence under § 34 para. 1 no. 1 KCanG, as is possession of more than three living plants. For flowers and plant material, the weight after drying counts. Which consequences apply in an individual case is decided by the competent authorities. This article explains the limits, shows practical steps and names places to get help.

Which limits the law sets

For personal use, § 3 para. 1 KCanG sets a limit of 25 grams for persons who have reached the age of 18. At your place of residence or habitual abode, § 3 para. 2 no. 1 KCanG allows up to 50 grams if the material concerned is flowers, leaves close to flowers or other plant material. For home cultivation, the number of plants also comes into play: no more than three cannabis plants at a time under § 9 para. 1 KCanG.

The limits apply to possession within the framework of personal use. Cultivation associations that pass cannabis on to their members are subject to different rules. For members aged 21 and over, § 19 para. 3 KCanG sets an upper limit of 25 grams per day and 50 grams per calendar month. These figures should not be confused with the possession limits.

What a small excess means

The limits are fixed values. Anyone above a limit leaves the framework that the KCanG permits. Which consequences this has in a specific case is for the competent authorities to examine. The amount, the circumstances of the find and the question of passing on all play a role.

It is important not to make a rough estimate from memory. Anyone affected should sort out the facts and discuss them with a specialist service.

Stay calm and sort out the situation

The first step is to sort out the situation. Note how much cannabis was present, where it was, who possessed it and whether it was intended for personal use. These notes help you and any counselling service to present the case clearly.

• Note the amount and the place where the cannabis was found or checked.
• Record whether minors were present or nearby.
• Gather documents that prove your place of residence or habitual abode.
• Keep letters from authorities and read them in full before you respond.

When you should ask a lawyer

As soon as an authority makes contact, a specialist lawyer for criminal law should look at the documents. This also applies if a report or a notice is in prospect. Courts decide case by case, which is why a personal assessment matters.

The guide article on when a lawyer makes sense explains the typical situations. A further article covers whether cannabis must be handed over immediately during a check.

Estimating amounts correctly in everyday life

Many excesses arise from uncertainty, not from intent. If you regularly carry or store cannabis, you can use a kitchen scale and check the amount before you set off. That way you know how much you actually have with you and do not have to guess.

The article on the amounts you may possess explains the limits in detail. For the journey outside your home, the limit for personal use applies, and the article on carrying cannabis outside the home covers the typical questions.

Prevention: amounts and health belong together

An excess is not only a legal question. Regularly keeping larger amounts can go along with a higher level of consumption. The Federal Institute for Public Health (Bundesinstitut für Öffentliche Gesundheit, BIÖG) states on cannabispraevention.de that roughly one in eight people who use cannabis becomes dependent. The association drugcom also points out that psychological dependence can develop with long-term use.

The BIÖG also names an increased risk of psychosis: people who use cannabis develop psychosis more often than people who do not. If you notice that amounts are getting out of hand, take this seriously and seek help early.

Where to get help

For the situation itself, a specialist lawyer for criminal law is the right contact. If you want advice about your own use, suchtberatung.digital offers information on cannabis.

How to behave during a check

If you are checked, remain factual. Making a statement about the matter is voluntary (§ 136 para. 1 StPO). Everything else you discuss calmly with a specialist lawyer for criminal law. At a later appointment with an authority, bring the documents about your situation with you.

Why estimates are not enough

If you go by a rough idea of 25 or 50 grams, you can easily misjudge the amount. Packaging can also distort the result if it is on the scale while you weigh. A calibrated scale and weighing without packaging give a more reliable picture.

Regular stock checks are also helpful. If you check once a month what is on hand, you notice deviations early.

Precautions for the future

• Note amounts directly after buying or harvesting so that you know the current stock.
• Separate supplies by purpose, for example personal use and plant material, and label the containers.
• Store cannabis so that children and young people have no access to it.

What you can do now

First check the exact amount and the place of the find. Sort your documents and write down the sequence of events. Get an assessment from a specialist lawyer for criminal law before you comment to authorities. For the future, one firm rule helps: weigh amounts before you set off and take only as much as you actually need. That protects you, and it protects the people around you.