Do I have to hand over cannabis immediately during a check?

Whether you must hand over cannabis straight away during a check cannot be answered with a general statement. The Consumer Cannabis Act (KCanG) sets possession limits and consumption bans. It does not regulate the course of a check. Anyone who has cannabis with them should therefore know the amounts and seek expert advice on specific questions.

What the KCanG says about amounts

Under § 3 para. 1 KCanG, possession of up to 25 grams of cannabis is permitted for persons aged 18 and over. At your place of residence or habitual abode, § 3 para. 2 no. 1 KCanG sets a higher limit of up to 50 grams for flowers, leaves close to flowers or other plant material. Anyone who has more than 25 grams outside their place of residence exceeds the limit. Up to 30 grams this is an administrative offence (§ 36 KCanG), and above that it is a criminal offence (§ 34 para. 1 no. 1 KCanG). For flowers and plant material, the weight after drying counts.

These figures help you assess your situation. On their own, however, they do not decide the consequences of a check. The place, the circumstances and the course of the check also matter.

Why the procedure remains open

The KCanG describes which possession is permitted and which bans apply. How a check proceeds, which powers the police and authorities have, and which duties follow for the person concerned is not covered by this law. For this reason, no binding answer can be derived from the KCanG alone as to whether you must hand something over.

Consumption bans also apply during checks

Even if you have cannabis on you during a check, the consumption bans remain in force. Public consumption is prohibited at places such as schools, children's playgrounds, facilities for children and young people, publicly accessible sports facilities, and in pedestrian zones between 7 a.m. and 8 p.m. (§ 5 para. 2 KCanG). Consumption in the direct presence of persons under 18 is also prohibited (§ 5 para. 1 KCanG). Anyone being checked should not consume until the situation has been clarified.

Passing on can play a role

During a check, the origin of the cannabis may be asked about. Anyone who has passed cannabis on to others may have committed a criminal offence under § 34 KCanG. A person questioned as a suspect is not obliged to give evidence on the matter under § 136 para. 1 of the Code of Criminal Procedure (StPO). Do not answer questions about origin without advice if criminal liability is possible. A specialist lawyer for criminal law can classify the situation.

Who helps in specific cases

For questions about your case, a specialist lawyer for criminal law is the right contact. A counselling centre can also help with classification where consumption is involved. How to behave during a check is best clarified in advance with a specialist lawyer.

Preparing for a check

If you are out and about regularly, you can think calmly about how much you take with you and where you keep it. A brief look at the limits helps before you leave the house. It is also worth having the contact details of a specialist lawyer for criminal law to hand.

After a check

If you receive a letter after a check, have it advised on before you reply. Specialists should review fine notices and reports. Notes on place, time and the people involved help to reconstruct the course of events later.

Anyone who experiences a check while out and about quickly loses track of what happened. A memory log written straight afterwards, with place, time and the measures taken, can be helpful in later advice.

Health and prevention

The Federal Institute for Public Health (Bundesinstitut für Öffentliche Gesundheit, BIÖG) points out that the young brain is in an important stage of development. If you are worried about your own consumption, you can reach the Sucht & Drogen Hotline on 01806 313031. A doctor can advise on health questions.

What you can do concretely

• Know the amounts: 25 grams in general, 50 grams at your place of residence or habitual abode.
• Before a journey or a visit in public, take only the amount that suits the place.
• In case of a report, bring in a specialist lawyer for criminal law early.
• For general questions about consumption, use a counselling centre.

Anyone who knows the limits goes through a check with less uncertainty. The specific answer in an individual case is for the specialist services to give.