Where is private consumption allowed?

Private consumption of cannabis is not regulated the same way everywhere under the Consumer Cannabis Act (KCanG). The list of prohibitions in § 5 KCanG mainly concerns public consumption and the presence of minors. It does not name private living rooms. Where consumption is prohibited therefore depends on whether it takes place in public and who is nearby.

Where public consumption is prohibited

Under § 5 para. 2 KCanG, public consumption is prohibited at the following places:

• at schools and within their line of sight,
• on children's playgrounds and within their line of sight,
• at facilities for children and young people and within their line of sight,
• at publicly accessible sports facilities and within their line of sight,
• in pedestrian zones between 7 a.m. and 8 p.m.,
• within the enclosed premises of cultivation associations and within their line of sight.

In addition, § 5 para. 3 KCanG prohibits consumption in military areas of the Bundeswehr. Anyone moving through such an area should therefore refrain from consuming. A breach of the consumption bans is an administrative offence (§ 36 para. 1 no. 4 KCanG).

What line of sight means

For schools, playgrounds, facilities and sports facilities, the ban also applies within their line of sight. The law draws the boundary at a distance of more than 100 metres from the entrance area of the facility (§ 5 para. 2 sentence 2 KCanG). Anyone who stays near such places is therefore better advised not to start consuming. More on this is in the article on the line of sight.

Consumption in the presence of minors

Regardless of the place, consumption in the direct presence of persons who have not yet reached the age of 18 is prohibited (§ 5 para. 1 KCanG). This ban also applies in your own flat and is therefore the most important point for households with children or for visits from young people. A breach is an administrative offence (§ 36 para. 1 no. 4 KCanG).

Private rooms and amounts

Anyone who is an adult may possess cannabis in the legal amounts. Under § 3 para. 1 KCanG, possession of up to 25 grams 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. More on these limits is in the guide under May I keep 50 grams of cannabis at home?

Also at home, the following applies: cannabis must be protected by suitable measures and safety precautions against access by third parties, in particular children and young people (§ 10 KCanG). A lockable storage place is the obvious solution. The article on securing cannabis from children explains how to proceed.

Tenancy law and house rules

The tenancy agreement or the house rules may say whether and where smoking or consumption is permitted. Such rules apply in addition to the law. If there is a dispute with the landlord, a tenants' association or a counselling centre can help.

Common mistakes

Many people believe that anything is allowed that happens in their own flat. That applies only as long as no bans under § 5 apply and no tenancy rule stands in the way. A visit from children or young people can prohibit consumption even at home.

Health and prevention

Permitted does not mean that consumption is harmless. 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, any consumption at home should be arranged so that children and young people have no access and nobody in the household suffers from it. A doctor can advise on health questions.

Parks, public squares and playgrounds

A park is not named in § 5 para. 2 KCanG as a place of its own. If a children's playground or a publicly accessible sports facility lies within it, however, the ban applies there and within its line of sight. Pay attention to the surroundings for this reason.

Pedestrian zones are expressly named, between 7 a.m. and 8 p.m. The time is therefore part of the rule.

What parents and visitors should observe

When consuming at home, parents must make sure that children under 18 are not in direct presence. Visits from young people also change the situation. Anyone inviting guests should clarify in advance who is coming and plan consumption so that minors are not present.

What you can do concretely

• Before consuming, check whether a prohibited place is nearby, such as a school or a playground.
• Review the tenancy agreement and the house rules for rules on consumption.
• Keep children and young people consistently away from consumption.
• If in doubt, ask a counselling centre or a specialist lawyer.

The key rule is: do not consume where a ban applies, and never in the presence of minors.