May I smoke cannabis in a park?

Whether you may smoke cannabis in a park depends on the place within the park and on the people nearby. The Consumer Cannabis Act (KCanG) names certain places in § 5 para. 2 at which public consumption is prohibited, and a park as such is not one of them. What matters are therefore the named places, the line of sight and the presence of minors. Anyone who only looks at the park overlooks the most important rules.

Which places the law names

Under § 5 para. 2 KCanG, public consumption is prohibited at schools and within their line of sight. The same applies on children's playgrounds, in facilities for children and young people, at publicly accessible sports facilities, and on the enclosed premises of cultivation associations. In addition, the law names pedestrian zones between 7 a.m. and 8 p.m.

A park can contain several of these places. A children's playground within a park belongs to the named places. A publicly accessible sports facility may likewise lie in the green. If you are in a park, watch for signs, play equipment, sports fields and facilities.

The line-of-sight rule

The ban applies at the named place itself and likewise within its line of sight. By law, the line of sight ends at a distance of more than 100 metres from the entrance area of the facility. This means that if you consume within 100 metres of a school or a playground and can see that place, you are within the area of the ban.

The line of sight is a question for each individual case. How far you can see in a park depends on trees, paths, hills and buildings. If you are unsure, choose a place clearly away from playgrounds, schools and facilities, and when in doubt go elsewhere.

Minors nearby

Regardless of the place, § 5 para. 1 KCanG prohibits consumption in the direct presence of minors. The age limit is under 18. Children and young people are often present in parks, even if they are not part of your group. Watch for places and, just as much, for people.

This point is often the most important one. A park with children playing is not a suitable place for consumption, even if no named place is directly nearby. This protects the children and avoids trouble with parents and residents.

Pedestrian zones and other routes

Parks often lie on the edge of city centres. The pedestrian zone between 7 a.m. and 8 p.m. is specifically named in the law. If you are heading from the park into the city centre, keep this rule in mind as well. An overview of the places is in the article on prohibited places.

The article on pedestrian zones explains the time windows and the typical questions about consumption in the city centre.

Assessing outdoor consumption correctly

• Check whether a children's playground, a school, a facility for children or young people, or a publicly accessible sports facility is nearby.
• Watch the line of sight: if it ends at a distance of more than 100 metres from the entrance area, you are outside the area that the law covers with the line of sight.
• Look around before you light anything, and watch for children and young people in the area.
• Be especially careful at family gatherings, school breaks and sporting events.

What happens in case of a breach?

A breach of § 5 para. 1 or para. 2 sentence 1 KCanG is an administrative offence under § 36 para. 1 no. 4 KCanG. The consequences in the individual case are decided by the competent authorities. If you are approached, stay calm and seek advice from a specialist lawyer promptly.

Prevention in public spaces

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 smokes in a park should therefore check the legal position and also think about who is around them.

Passive smoke is also an issue for residents and families. It is worth showing consideration, especially near children and older people.

Where to get advice

For questions about consumption, an addiction counselling service can help. The portal suchtberatung.digital offers information on cannabis. For questions about a specific incident, a specialist lawyer for criminal law (Fachanwältin or Fachanwalt für Strafrecht) is the right contact.

Schools, sports grounds and play equipment

Schools are among the named places, and this also applies to the line of sight. If you sit in a park near school grounds, you must therefore check whether the grounds are visible. Many children and young people are out and about especially at the start and end of the school day.

Publicly accessible sports facilities are also among the named places. The same applies near them as near schools: check the line of sight and watch the people present. Play equipment and children's playgrounds often lie close together in parks, so it is worth looking at the whole area.

Common misunderstandings in parks

• A park without play equipment is not automatically free of rules, because minors can be present there at any time.
• The 100-metre limit sets a fixed outer boundary for the line of sight. Within that boundary, the line of sight depends on the surroundings.
• House rules and signs on site can contain their own rules. Check them before you light anything.

Consideration for residents and visitors

Even when a rule is just observed, consideration can prevent conflict. Smoke and smell affect people who come to a park for quiet, and this applies especially to families with small children. Anyone who behaves considerately protects the community.

What you can do now

Before you consume in a park, check the place, the line of sight and the presence of minors. If any of these points is unclear, choose another place or postpone consumption. Anyone who knows the rules avoids trouble and protects the people around them.