May I consume cannabis in my own flat?

Consumption of cannabis in your own flat is not generally prohibited under the Consumer Cannabis Act (KCanG). The bans in § 5 KCanG are aimed above all at minors and at certain public places. The possession limits set out in § 3 KCanG and the rules in the tenancy agreement or house rules also matter.

What the law prohibits in the flat

The bans in § 5 KCanG concern two areas. The first is the presence of minors. Under § 5 para. 1 KCanG, consumption in the direct presence of persons under 18 is prohibited. The second area is public places such as schools, playgrounds, facilities for children and young people and sports facilities, each including their line of sight.

Your own flat is not a public place. For this reason, the place-based bans generally play no role in private settings. The question of whether minors are in direct presence, however, always remains relevant, including in your own flat.

The possession limits also apply at home

Anyone who keeps cannabis in the flat must observe the possession limits. Adults may possess up to 25 grams for personal use under § 3 para. 1 KCanG. At your place of residence or habitual abode, § 3 para. 2 no. 1 KCanG sets a limit of up to 50 grams for flowers, leaves close to flowers and other plant material, measured after drying. Both amounts together may not exceed 50 grams.

The flat is therefore not a legal free zone for larger amounts. Anyone who has more than 50 and up to 60 grams in total commits an administrative offence under § 36 KCanG. Above that amount, possession is a criminal offence under § 34 KCanG. The article on the permitted amount of possession sets out the limits in detail.

Tenancy agreement and house rules

The KCanG does not govern what is written in the tenancy agreement. The tenancy agreement may regulate consumption in the flat. House rules can also contain rules that go beyond the law, for example on shared areas, balconies or ventilation. A breach of the agreement can have tenancy-law consequences. A tenants' advice service can help you classify this.

For this reason, it is worth looking at the agreement before you use the flat for consumption. Clarify questions about smell, smoke and visitors in writing with your landlord. The article on a ban imposed by the landlord explains the situation in more detail.

Neighbours and living together

Even when consumption at home is allowed, living together in the building remains a topic. Smells can spread through stairwells, and neighbours quickly feel disturbed. A friendly conversation often prevents conflicts that would otherwise end up with the landlord. If you notice that neighbours are complaining, it is worth adjusting your behaviour before the dispute escalates.

Health at home too

Consumption in your own flat is not harmless to your health. According to the BIÖG, roughly one in eight people who use cannabis becomes dependent. With long-term use, drugcom reports that psychological dependence can develop. The private setting protects you from outsiders, but not from the consequences for your own health.

If you notice that you consume more often than you planned, take this seriously. A first step is to observe your consumption and plan breaks. The article on recognising dependence explains the signs of dependence in more detail.

When minors play a role

The most important limit in the flat is the presence of minors. Consumption in the direct presence of persons under 18 is prohibited, even if the flat itself is private. This applies to children, young people and visitors. If you have questions about this, the article on visits from children gives a more detailed answer.

Responsibility lies with the person who consumes. They must check who is nearby and whether minors could notice the consumption. In case of doubt, consuming in another place is the better choice.

Ventilation, smell and consideration in the building

The smell of cannabis is clearly noticeable for many people and can spread through ventilation shafts, windows and doors. If you consume in a flat, you should therefore ventilate properly and keep the door to the stairwell closed. These steps cost little, but they often reduce trouble with neighbours.

A simple rule of thumb is to use the flat in such a way that neighbours do not have to notice anything. In the strict sense this is not a legal requirement. It is a question of consideration. A short conversation can prevent a formal complaint.

Shared flats and flatmates

In a shared flat, agreements between flatmates matter most. If you plan consumption in shared rooms, involve everyone, because not every flatmate wants to live with the smell or smoke. Clear rules on times, places and rooms prevent arguments before they start.

Questions such as who has keys, who invites guests and who pays for ventilation and cleaning should also be discussed early. Unresolved questions weigh on everyday life faster than any rule.

When you need breaks yourself

People who consume regularly often notice late how much space consumption takes up in daily life. Plan consumption-free days on purpose and observe how sleep, mood and performance change. If you notice difficulties, you can reach the Sucht & Drogen Hotline (addiction and drugs hotline) on 01806 313031.

What you can do now

Read the tenancy agreement and the house rules before you consume in the flat. Clarify open questions in writing with your landlord. Make sure that minors in the household or among visitors are protected, and keep your possession within the limits. The wording of § 5 KCanG is available under § 5 KCanG. An overview of where consumption is allowed and where it is prohibited is provided in the article on where consumption is allowed. If you have problems with your landlord or neighbours, a tenants' advice service or a specialist lawyer for tenancy law can help. This article does not replace legal advice.