May I consume cannabis in a shared building?

Consumption of cannabis in your own flat is not named in the list of prohibited places in the Consumer Cannabis Act (KCanG). It becomes more difficult in a shared building, because the flat, the stairwell, the courtyard and the cellar all merge there. What matters is whether consumption takes place in public and whether minors are directly nearby. House rules and the tenancy agreement set additional rules.

Your own flat and the community

The list of prohibitions in § 5 para. 2 KCanG concerns public consumption at certain places. Your own flat does not count as one of these places. This applies to consumption inside the flat. Smells and smoke that reach the neighbours can, however, play a role under tenancy law.

Neighbours can perceive consumption even when it takes place in the flat. Anyone living in a shared building should therefore show consideration and take complaints seriously. House rules and the tenancy agreement set the framework for this.

Shared areas

Stairwells, courtyards, cellars and laundry rooms are shared areas. Third parties may have access to them, for example visitors, delivery services or tradespeople. Whether such areas count as public depends on the individual case. Anyone who consumes there is therefore on uncertain legal ground.

In addition, the line-of-sight rule applies near schools, facilities for children and young people, or playgrounds. 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.

Minors in the building

Consumption in the direct presence of persons under 18 is prohibited (§ 5 para. 1 KCanG). In a shared building, children and young people often move around the stairwell or the courtyard. This ban applies regardless of the flat. Anyone with children in the building, or expecting visits from young people, should therefore rule out consumption consistently.

House rules and tenancy agreement

Many tenancy agreements and house rules contain rules on smoking, noise and shared areas. Such rules apply in addition to the law and can be stricter. A house rule may, for example, specify that shared areas must not be used for smoking. If you do not know the rules, check them before you consume.

If there is a dispute with the landlord or the owners' association, a tenants' association can help. For complicated cases, a specialist lawyer for tenancy law (Fachanwältin or Fachanwalt für Mietrecht) can examine the situation.

Resolving conflicts with neighbours

Complaints about smell or smoke can quickly lead to disputes in a shared building. An open conversation is usually the first step. It helps to say concretely what bothers you and to offer solutions, such as airing at fixed times or consuming only in certain rooms. Anyone who stays factual is more likely to keep the neighbours' trust.

If the conversation does not help, inform the property management or the landlord. The house rules or the tenancy agreement then set the framework. For legal questions on noise, smell or tenancy obligations, a tenants' association helps, and in a dispute a specialist lawyer for tenancy law (Fachanwältin or Fachanwalt für Mietrecht).

Possession and home cultivation in the building

In a shared building, the limits of § 3 para. 2 KCanG also apply at your place of residence: the total possession may not exceed 50 grams, measured for flowers and plant material after drying, and up to three living plants are permitted. Under § 10 KCanG, cannabis at the place of residence must be protected by suitable measures against access by third parties, in particular children and young people. This is especially important in a building with shared areas. If you store cannabis in the cellar or in a shared room, first clarify whether it still counts as your living area, and if in doubt keep it in the flat.

Health and consideration

The Federal Institute for Public Health (Bundesinstitut für Öffentliche Gesundheit, BIÖG) points out that the young brain is in an important stage of development. Consideration for neighbours is therefore part of living in any shared building. A doctor can advise on health questions.

If you are moving into a shared building, you can clarify with the property management in advance which rules apply to shared areas. Such clarification saves conflicts later and shows that you take the rules seriously.

What you can do concretely

• Check the house rules and the tenancy agreement for rules on consumption and shared areas.
• Consume only in your own flat and never in the presence of children.
• Take neighbours' complaints seriously and seek a conversation.
• In case of dispute, ask a tenants' association or a counselling centre.

Anyone living in a shared building shares space with others. Consideration and clear agreements prevent most conflicts.