Does the 100-metre distance also apply to day-care centres?

There is no fixed minimum distance of 100 metres from day-care centres. The Consumer Cannabis Act (KCanG) prohibits public consumption in facilities for children and young people and within their line of sight. The 100 metres mark the point beyond which the line of sight no longer applies, measured from the entrance area of the facility. If you are unsure whether a particular day-care centre counts as a facility for children and young people, ask the competent authority or the city.

What the law says about facilities for children and young people

Under § 5 para. 2 KCanG, public consumption is prohibited in facilities for children and young people, and likewise within their line of sight. The same applies to schools and children's playgrounds. A day-care centre is a place where children regularly spend time, and it falls within the protective purpose of the provision, provided that it counts as a facility for children and young people.

Whether a specific day-care centre falls under the term facility for children and young people is a question of interpretation. In case of doubt, ask the competent authority or the city in which the facility is located. If you clarify the question in advance, you do not have to estimate the location later.

Why the 100 metres are a line-of-sight limit

The law works with the concept of line of sight. Under § 5 para. 2 KCanG, the line of sight no longer applies at a distance of more than 100 metres from the entrance area of the facility. This means that the line-of-sight rule ends at a distance of more than 100 metres. Whether a day-care centre lies within that line of sight is decided on site.

In everyday terms, whether you may consume near a day-care centre depends on how far away the entrance area is and whether you can see the facility from where you stand. A hedge, a wall or a building can block the view, which is exactly why the question of the individual case matters so much.

Minors in the surroundings

Regardless of the place, the ban on consumption in the direct presence of minors applies under § 5 para. 1 KCanG. The age limit is under 18. Near a day-care centre this point is particularly relevant, because children are regularly present there, including on the way to the entrance or at collection times.

If you are near a day-care centre, check the line of sight and also watch for children in the surroundings. A brief look at the area protects the children and avoids trouble with parents and carers.

Steps that give you clarity

• Clarify in advance whether the facility in question counts as a facility for children and young people, and ask the competent office if in doubt.
• Check the line of sight on site: if the entrance area is within 100 metres and you can see the facility, assume that the rule applies.
• Watch for children and young people nearby, especially at collection times.
• If in doubt, choose a place that is far away and not in the field of view of a facility.

The article on the distance to schools covers the same system for schools. The basics of public consumption are summarised in the overview of prohibited places.

What applies to children in the household

The line-of-sight rules concern public space. In your own home, other questions apply, above all the protection of children from access to cannabis. The article on secure storage away from children explains the practical points.

Prevention: protecting children

The Federal Institute for Public Health (Bundesinstitut für Öffentliche Gesundheit, BIÖG) points out on cannabispraevention.de that the young brain is in an important stage of development. Consumption can affect this development. Anyone who lives or works near children should therefore be especially careful.

Parents and carers can find support for questions on the subject. An overview is provided in the article on counselling for parents.

Where to get help

For questions about the situation on site, the competent authority helps, and for questions about consumption, an addiction counselling centre. The portal suchtberatung.digital offers information on cannabis. In a specific incident, a specialist lawyer for criminal law (Fachanwältin or Fachanwalt für Strafrecht) is the right contact.

Typical situations near day-care centres

• You live opposite a day-care centre. Then the facility may be within your field of view, and the line of sight plays a central role.
• You pick up a child or accompany someone. Then minors are present, and the ban under § 5 para. 1 KCanG applies.
• You regularly walk past the facility. Then you check line of sight and the presence of children again on each route.

Estimating the distance on site

A distance can be roughly measured with a map app. For the line of sight, however, what counts is the view on site. Stand where you would consume and check whether the facility is visible and whether its entrance area is within 100 metres. Note the situation, and bring your notes to a counselling session if you are unsure.

The article on consumption in parks shows how the line of sight works in public space.

What you can do now

For every place near a day-care centre, check two things: whether the facility falls under the protection described and whether it lies within your line of sight. If a question remains open, clarify it in advance. Anyone who keeps an eye on the children in the area acts in the spirit of the law and protects the youngest in the neighbourhood.