May I consume cannabis at home when children are visiting?

No. If children or young people under 18 are in direct presence, consumption is prohibited under § 5 para. 1 KCanG. This also applies in your own flat, and also when the children are only visiting. A breach is an administrative offence under § 36 para. 1 no. 4 KCanG.

What the law prohibits exactly

The provision refers to consumption in the direct presence of persons who have not yet reached the age of 18. The ban is therefore tied to the presence of minors. It concerns the moment of consumption, not the possession of cannabis. Adults may keep cannabis at home, as long as they stay within the permitted amounts. Only consumption in the presence of minors is prohibited.

The rule applies regardless of whether the children are your own, relatives or guests. What matters is that they are nearby.

What direct presence means

The statutory text does not name a distance in metres that limits the ban. Whether someone is in direct presence is therefore a question of interpretation in each individual case. If someone is in the same room or can see the consumption, they are close enough that you should assume direct presence. This is not a binding interpretation. It does help with everyday decisions.

It becomes harder with neighbouring rooms, open-plan flats or balconies. Children can quickly notice consumption there. If you are in such a situation, do not start consuming near minors.

Typical everyday situations

The most common situations in which the rule matters are family celebrations, visits from friends with children, and living together with young people in the household. Babysitting can also be affected if consumption takes place nearby. The situation is often unclear, because children quickly run into a room.

• Consumption in the same room where children are is prohibited.
• Consumption while young people under 18 are sitting in the living room is also prohibited.
• Consumption in the garden while children are within sight of a playground can additionally fall under § 5 para. 2 KCanG.
• Consumption on the balcony while children are at an open window can also be affected.

The list is not exhaustive. It shows that the rule often applies when children are not meant to notice the consumption at all.

Protecting children in the household

If you live with children, keep cannabis stored so that children have no access to it. 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. A locked drawer and clear household rules help. Guests should also be told that cannabis is not left lying around in the open. The article on securing cannabis from children explains the practical steps.

If children have found or tried cannabis, that is a serious incident. From a health perspective, the young brain is in an important stage of development, and consumption can affect that development. According to the BIÖG, in the worst case a school or vocational qualification is at risk, because memory works less well.

What to do when children come to visit

Plan visits so that consumption ends beforehand or is postponed to a time without minors. When children come, the flat is a space without consumption during that time. This rule should be clear to guests before they arrive. A short reminder is enough, and it prevents misunderstandings.

When parents come and bring their children, the same applies. Accompaniment by adults does not change the fact that consumption in the presence of children is prohibited. The responsibility lies with the person who consumes.

Common misunderstandings about the ban

A widespread misconception is that the ban only applies if the children see the consumption themselves. The law ties the ban to presence. An equally mistaken assumption is that a closed room is automatically safe. If children are in the flat and can smell or hear the consumption, it is worth asking whether the rule applies.

A second misconception concerns age. The rule applies to all persons under 18, including young people who seem almost adult. A third misconception is that the parents' consent changes nothing about the ban. Anyone with minors present should postpone consumption, whatever the family allows.

When children arrive unannounced

Sometimes children turn up unannounced, for example neighbours' children or friends of your family. In that case, end consumption immediately or move to another room until the children have left. An interruption is uncomfortable, but it protects everyone involved. Anyone who experiences such situations often should move consumption to a place and time that are free of children from the outset.

In dealings with guests too, the person who consumes bears responsibility. They decide when and where consumption takes place, and they make sure minors remain protected.

A conversation with children about consumption

Children often ask what adults are doing. An honest, short answer is better than evasion. Explain that cannabis has particular rules for adults and that children should not touch or try it. This conversation does not replace a household rule. It complements it and makes it understandable.

If children ask questions about drugs, it is worth considering their age. For younger children a simple sentence is enough, while young people can receive a more factual and detailed answer. Parents can reach the parents' helpline of the Nummer gegen Kummer on 0800 111 0 550.

What you can do now

Plan your consumption so that it does not take place in the presence of children or young people. Inform guests about the rule before they arrive. Secure cannabis in the household, and agree clear times with housemates. The wording of § 5 KCanG is available under § 5 KCanG. If you are worried about a minor, the article on first steps for parents offers orientation. Further information is available on the youth protection page.