How many plants may I keep in my flat?

Adults aged 18 and over may keep up to three cannabis plants at a time at their place of residence or habitual abode (§ 9 para. 1 and § 3 para. 2 no. 2 KCanG). Possessing or cultivating more than three living plants is a criminal offence (§ 34 para. 1 KCanG). The harvest may not be passed on to others.

What § 9 KCanG sets out

The provision permits home cultivation for adults at their place of residence or habitual abode. The upper limit is three plants in total at a time. The law ties the permission to the individual person aged 18 and over. Anyone who lives with others should agree before cultivation which plants belong to whom.

The word at a time is important. The limit refers to the number of plants present at any one moment. The law speaks of up to three living cannabis plants (§ 3 para. 2 no. 2 KCanG). Count all living plants, including young ones.

Who may grow cannabis at all?

The law ties home cultivation to the minimum age of 18. Younger people may therefore not grow cannabis themselves, not even with their parents' consent. The rule serves youth protection, because plants in the household are easily reached by children and young people if they are not secured.

Anyone planning home cultivation should therefore first check who lives in the household and who has regular access. This question often decides whether the cultivation is justifiable for everyone involved.

Passing on is not allowed

Cannabis from private home cultivation may not be passed on to others (§ 9 para. 2 KCanG). This applies to friends, partners, neighbours and family alike. A gift also counts as passing on. Anyone who gives away the harvest breaks the same rule as someone who sells it.

Passing cannabis on is punishable under § 34 para. 1 no. 7 KCanG. The basic offence provides for imprisonment of up to three years or a fine. If a person over 21 passes cannabis on to a child or a young person, a higher sentencing range generally applies (§ 34 para. 3 KCanG). Home cultivation is therefore not a way to distribute cannabis to other people. More on the consequences is in the article on the ban on passing on.

Possession limits at the place of residence

The harvest also affects the rules on possession. At your place of residence or habitual abode, adults may possess up to 50 grams of cannabis under § 3 para. 2 no. 1 KCanG. This limit applies to flowers, leaves close to flowers and other plant material. Outside the home, the limit for personal use is 25 grams under § 3 para. 1 KCanG.

The total amount possessed may not exceed 50 grams (§ 3 para. 2 sentence 2 KCanG), so the harvest counts towards it. More than 50 and up to 60 grams in total is an administrative offence, and beyond that a criminal penalty applies (§ 36 para. 1 no. 1 and § 34 para. 1 no. 1 KCanG). Anyone expecting a large harvest should therefore plan before harvesting how to stay below the limit, and seek advice if unsure. The article on the permitted amount of possession explains the limits in an overview.

Rented flat, neighbours and shared building

The KCanG sets the number of plants. Cultivation may be separately regulated in the tenancy agreement. A tenants' advice service can explain what applies to your agreement. For this reason, clarify the question in writing with the landlord before cultivation begins.

Neighbours can also cause problems, for example through smell or visitors. An open conversation can prevent complaints before they escalate. Anyone living in a shared building should also read the house rules, because they may contain rules that go beyond the law. More on this is in the article on the landlord's consent.

Children and young people in the household

Cannabis and propagation material must be protected at the place of residence by suitable measures and safety precautions against access by third parties, especially children and young people (§ 10 KCanG). Anyone who does not do this, or does not do it properly, acts in breach of the rules (§ 36 para. 1 no. 6 KCanG). In addition, consumption in the direct presence of minors is prohibited (§ 5 para. 1 KCanG).

In practice, lockable rooms and clear rules for visitors are obvious steps. Information on protection during home cultivation is in the article on protecting children.

Common mistakes in home cultivation

Many problems arise from lack of knowledge. These mistakes come up again and again in practice:

• Plants are kept in several places without the location at the place of residence being clarified.
• The harvest is passed on to friends or family after cultivation.
• A minor keeps their own plants because nobody has explained the minimum age.
• The harvest is not weighed, even though the possession limits apply.
• The tenancy agreement is not read before cultivation begins.

Plants from other sources

Sometimes plants are not where you expect them to be. A seedling that a friend leaves with you for care, or a cutting from a club, can change the count. All living plants that you possess are counted (§ 3 para. 2 no. 2 KCanG). Therefore do not take in plants from other people for care if they would take you above three.

The location also matters. The rule concerns your place of residence or habitual abode. Plants in a garden, an allotment or at relatives' homes do not automatically fall under this permission. If you keep plants in another place, clarify the legal position before you do anything.

Documenting plants

A simple list with the number, location and date of planting helps you keep track. It does not replace a legal review. It does show that you have the limit in view. Keep the list so that housemates can find it when it is needed.

What you can do now

Count your plants and check whether everyone in the household who is involved counts as well. Read the tenancy agreement and the house rules, and clarify the landlord's consent in writing. Record the harvest with the date and amount, and secure the plants against access. The wording of § 9 is available under § 9 KCanG. If you are unsure about the possession amount or the legal position, a counselling centre or a lawyer experienced in narcotics law can help. An overview of the topic is provided on the Law and regulation topic page. This article does not replace legal advice.