May young people possess cannabis?
No, young people may not possess cannabis. The permission to possess up to 25 grams for personal use under § 3 para. 1 of the Consumer Cannabis Act (KCanG) applies only to persons who have reached the age of 18. Anyone younger does not fall under this rule, and possession remains prohibited. At the same time, the question raises many follow-up questions, for example about passing cannabis on, about parents and about health.
The age limit in the law
The KCanG provides that possession of up to 25 grams is permitted for persons aged 18 and over. This permission relates to personal use. There is no comparable exception for minors. The age limit is therefore clear, and it applies regardless of whether a young person bought the amount themselves or received it from someone else.
Members of a cultivation association must be at least 18 years old (§ 16 para. 1 KCanG). For young adults between 18 and 21, separate maximum amounts apply there. These rules cannot be transferred to minors.
Who passes cannabis on to young people
Passing cannabis on to young people is the focus of youth protection in the law. Under § 34 KCanG, anyone who hands over or passes on cannabis is punished. The basic offence provides for imprisonment of up to three years or a fine. The law speaks of handing over or passing on and does not make a price a condition.
Passing cannabis on to a child or a young person by a person over 21 is particularly serious. For this typical case, the law provides for a sentencing range of three months to five years' imprisonment.
Health reasons for the age limit
There are health reasons for the age limit. According to the BIÖG, the young brain is in an important stage of development, and consumption can affect this development. In the worst case, a school or vocational qualification is at risk, because memory works less well. According to drugcom, starting early can have lasting effects on cognitive performance.
The article on the young brain explores these points in more depth.
What parents and specialists should know
If a young person has cannabis, that is a reason for a conversation, not for punishment alone. Parents should ask calmly where the cannabis comes from, what the young person hopes to get from it, and whether they need support. Specialists in schools and youth work can also explain what the age limit means and point to counselling services.
If parents are unsure themselves, the article on signs of use helps. It shows what to look out for without judging too quickly.
What happens if young people are caught
The consequences for young people depend on the individual case, for example on age, amount and circumstances. Special rules of the Juvenile Courts Act (Jugendgerichtsgesetz) apply to young people and young adults in criminal proceedings. This guide does not name fixed consequences. Anyone affected should seek advice quickly. The article on whether young people are punished gives a first overview.
Consumption and possession around children
Adults also need to be careful when dealing with young people. Under § 5 para. 1 KCanG, consumption in the direct presence of minors is prohibited. Anyone who keeps cannabis at their place of residence must, under § 10 KCanG, protect it by suitable measures against access by third parties, in particular children and young people.
What young people should know before acting
For young people, possession is not permitted, regardless of the amount. Anyone who has cannabis can end up in a situation where adults decide what happens next. It therefore makes sense to turn to a trusted person early, before an incident happens.
Circles of friends also play a role. Peer pressure can lead people to accept something they do not really want. A clear no is allowed, and it also protects friends who do not dare to say anything.
School, training and the future
Consumption at a young age can affect training. According to the BIÖG, in the worst case a school or vocational qualification is at risk, because memory works less well. Anyone aiming for training or a school-leaving qualification should therefore keep an eye on their consumption. The article on memory and school qualifications explains this connection in more detail.
Help is also available at schools. School social workers, trusted teachers and counselling centres listen and can clarify questions. Anyone who does not dare to speak up can take the first step through a person they trust.
What parents can do if they suspect something
Parents often notice first that a young person is changing. Sleep problems, a drop in performance or withdrawal can be signs, but they do not necessarily point to cannabis alone. A calm conversation is usually more effective than an accusation. The article on talking with children about cannabis offers pointers for this.
Anyone who needs help does not have to explain themselves first before asking for support. Counselling centres help to plan the next steps.
What you can do now
If you are a minor and have cannabis, do not pass it on and talk to a trusted person about it. If you are a parent, teacher or youth worker, take the question seriously and seek a conversation. The wording on possession is available under § 3 KCanG, and the rule on passing on under § 34 KCanG. Support for parents and young people can be found in the youth protection section. This article does not replace legal advice.
Frequently asked questions
From what age may cannabis be possessed?
From the age of 18. Under § 3 para. 1 KCanG, possession of up to 25 grams for personal use is permitted for persons who have reached the age of 18. Minors do not fall under this permission.
Is it punishable to give cannabis to a young person?
Yes. Under § 34 KCanG, handing over or passing on cannabis is punished. Particularly serious is passing cannabis on to a child or a young person by a person over 21, for which the law provides a sentencing range of three months to five years' imprisonment.
Can parents be punished if their child has cannabis?
It depends on the individual case. The relevant provisions attach to actions: passing cannabis on or letting someone have it (§ 34 KCanG), consuming in the direct presence of minors (§ 5 para. 1 KCanG) and failing to protect cannabis at home against access by children and young people (§ 10 KCanG, an administrative offence under § 36 para. 1 no. 6 KCanG). If you have questions about your situation, speak to a counselling centre or a lawyer.
Sources
- Consumer Cannabis Act § 3 (gesetze-im-internet.de)
- Consumer Cannabis Act § 34 (gesetze-im-internet.de)
- BIÖG: Dangers for young people
- drugcom: Cannabis (drug encyclopedia)
- Consumer Cannabis Act § 16 (gesetze-im-internet.de)
- Consumer Cannabis Act § 10 (gesetze-im-internet.de)
- Juvenile Courts Act § 1 (gesetze-im-internet.de)
- Consumer Cannabis Act § 5 (gesetze-im-internet.de)
- Consumer Cannabis Act § 36 (gesetze-im-internet.de)