Is possessing cannabis without consuming it allowed?

Yes. Under the Consumer Cannabis Act (KCanG), possession of cannabis is permitted in certain amounts for persons aged 18 and over, as long as the possession is intended for personal use and the amounts are observed. The provision does not require you to actually consume the amount. Anyone who only keeps cannabis stays within the law, as long as they observe the amounts and do not hold it for others.

What § 3 KCanG permits

Under § 3 para. 1 KCanG, possession of up to 25 grams of cannabis for personal use is permitted for persons who have reached the age of 18, measured for flowers and plant material after drying. The limit is a quantity and not a duty to use up the amount.

At your place of residence or habitual abode, § 3 para. 2 no. 1 KCanG sets a higher limit of up to 50 grams. This limit applies to flowers, leaves close to flowers and other plant material. Anyone who stores material at home can therefore rely on the higher limit, provided the location fits. Both amounts together may not exceed 50 grams. More on this is in the guide under May I keep 50 grams of cannabis at home?

Possession without consumption in everyday life

Possession without consumption occurs in everyday life, for example when cannabis is kept for later or stored for others. The wording of § 3 names the amount, the place and the purpose of personal use. What is also decisive is whether cannabis is passed on to others.

Anyone who keeps cannabis for others should be especially careful. Passing it on remains punishable. This includes handing it over to a friend who wants to consume it themselves. More on this point is in the guide under May I pass cannabis on to friends?

Passing on remains a criminal offence

Anyone who hands over or passes cannabis on to others may be criminally liable under § 34 KCanG. The basic offence provides for imprisonment of up to three years or a fine. Possession for your own purposes remains permitted within the limits. Passing it on is not covered by that.

Passing cannabis on to minors is particularly serious. Under § 34 para. 3 KCanG, passing it on to a child or a young person by a person over 21 carries a sentencing range of three months to five years' imprisonment.

Health and possession

Possession on its own does not affect your health. The risks arise when cannabis is consumed. The Federal Institute for Public Health (Bundesinstitut für Öffentliche Gesundheit, BIÖG) points out that the young brain is in an important stage of development. For this reason, possession too should be planned so that young people have no access. A doctor can advise on health questions.

Storage and access

Under § 10 KCanG, cannabis at the place of residence and at the habitual abode must be protected by suitable measures against access by third parties, in particular children and young people. A locked cupboard or a secure container is a simple precaution.

Care is also needed when transporting cannabis. Anyone carrying cannabis with them should keep in mind the amount that applies to the place in question. Whether and how checks have an effect depends on the individual case, which is why advice makes sense before carrying larger amounts.

Storage for other people

Some people ask friends or family members to store cannabis for them. Anyone who does so should bear in mind that handing over or passing on cannabis can be punishable under § 34 KCanG. Storing it for others is therefore not a minor matter.

When the amounts are exceeded

Out and about, more than 25 and up to 30 grams is an administrative offence (§ 36 KCanG), and above that the possession is a criminal offence (§ 34 para. 1 no. 1 KCanG). At your place of residence, the same applies to a total of more than 50 and up to 60 grams, and to more than 60 grams. What follows in the individual case depends on the circumstances. A specialist lawyer for criminal law can classify the situation.

What you can do concretely

• Keep track of the amount: 25 grams in general, 50 grams at your place of residence or habitual abode.
• Do not pass cannabis on to other people, not even to friends.
• Store possession so that children and young people have no access.
• For questions about amounts and places, ask a counselling centre or a specialist lawyer.

Possession without consumption is permitted within the limits. Passing it on, by contrast, remains a separate, punishable matter.