May you possess medical and recreational cannabis together?

Yes, both can exist side by side, as long as the rules of each law are observed for each material. Medical cannabis and recreational cannabis fall under different laws. Medical cannabis is prescribed under the Medical Cannabis Act (Medizinal-Cannabisgesetz, MedCanG) and dispensed by a pharmacy. Recreational cannabis is regulated in the Consumer Cannabis Act (KCanG) with its own possession limits. Whether and how both can be stored together is best clarified with the prescribing doctor and the pharmacy.

Two laws, two routes

The MedCanG sets out who may prescribe cannabis for medical purposes. Under § 3 para. 1 MedCanG, this is reserved for doctors. Dispensing to end consumers takes place under § 3 para. 2 only within the operation of a pharmacy and on presentation of the prescription.

The KCanG, by contrast, governs the possession of recreational cannabis. For persons aged 18 and over, a limit of up to 25 grams applies to personal use under § 3 para. 1. At your place of residence or habitual abode, a limit of up to 50 grams applies to flowers and plant material under § 3 para. 2 no. 1. The KCanG expressly excludes cannabis for medical purposes from its definition of cannabis (§ 1 no. 8 KCanG). The possession limits in § 3 therefore relate to recreational cannabis, and the limits of the two laws should not be mixed up.

An overview of how the two laws relate is in the article Does the KCanG also apply to cannabis prescribed by a doctor?

What you should clarify

Anyone who possesses both should discuss the questions with the practice and the pharmacy before anything is stored. A short list helps:

• Which amount is prescribed, and how long will it last?
• How should the medical cannabis be stored so that it is not confused with other material?
• Does the prescription include requirements that affect the handling of other cannabis?
• Who may access it in the household, especially if children live there?

Store separately and label clearly

Medical cannabis is intended for the person for whom it was prescribed. Store it separately from recreational cannabis, label every package, and keep both out of reach of children. A lockable container is a simple solution.

The separation serves to keep track. Anyone who adds up amounts or mixes them up quickly loses track of what has been prescribed and what has not.

Road traffic and medicines

In road traffic, § 24a of the Road Traffic Act (Straßenverkehrsgesetz, StVG) applies. The limit for THC is 3.5 ng/ml in blood serum. The law provides an exception for THC resulting from the intended intake of a medicine prescribed for a specific illness (§ 24a para. 4 StVG). In that case, paragraphs 1a, 2 sentence 1 and 2a do not apply. Whether this exception applies in your case should be discussed with your doctor.

Anyone who consumes recreational cannabis does not fall under this exception. For journeys, the limit for consumption in road traffic therefore continues to apply. A specialist lawyer for traffic law (Fachanwältin or Fachanwalt für Verkehrsrecht) can assess the individual case.

Health and side effects

Prescribed cannabis can also have side effects. The doctor can advise on this. For recreational consumption, the BIÖG points out that people who use cannabis develop psychosis more often than people who do not. This belongs in the conversation with the practice.

If you are unsure how the two can be combined, raise it openly. Such questions belong in the conversation with the practice.

A personal overview for the practice and the pharmacy

A simple overview helps in conversations with the practice and the pharmacy. Note which preparations are prescribed, in which dosage and at which times you take them. Add which other medicines you take and whether you also consume recreational cannabis. This information forms the basis of a factual conversation.

The list is private and stays with you. You decide whom you show it to. At an appointment with the practice or pharmacy you can put it on the table and go through it point by point. This prevents important questions from being overlooked.

Storage and shelf life

Medical cannabis should be stored in the way the pharmacy explains. Ask about temperature, protection from light and type of closure before you open the packaging at home. A note with the date of dispensing helps you keep track.

If you have several preparations, label each one so that nothing gets mixed up. Under § 10 KCanG, recreational cannabis at the place of residence must be protected by suitable measures against access by third parties, in particular children and young people.

Where to get help

The first contacts are the prescribing doctor and the pharmacy. For questions about possession and the limits of the KCanG, a local counselling centre can help. For legal questions, a specialist lawyer can help. If you are worried about your own use, you can reach the Sucht & Drogen Hotline (addiction and drugs hotline) on 01806 313031.