How is the line of sight assessed in individual cases?

The line of sight decides whether, for cannabis consumption, a ban applies at a place that is not itself expressly named. The Consumer Cannabis Act (KCanG) prohibits public consumption at schools and within their line of sight. By law, there is no longer a line of sight at a distance of more than 100 metres from the entrance area (§ 5 para. 2 sentence 2 KCanG). Within 100 metres, assume a ban when in doubt.

What the law sets out about the line of sight

Under § 5 para. 2 no. 1 KCanG, public consumption is prohibited at schools and within their line of sight. The bans at children's playgrounds, facilities for children and young people, publicly accessible sports facilities and the enclosed premises of cultivation associations likewise apply within their line of sight. The concept therefore appears at several places that children and young people visit particularly often.

The 100-metre limit

The law draws the boundary at a distance of more than 100 metres from the entrance area of the facility. At a greater distance there is no longer a line of sight. The FAQ of the Federal Ministry of Health on the Cannabis Act also names 100 metres from the entrance area as the point beyond which there is no longer a line of sight. For this reason, assume in case of doubt that the ban applies within this radius.

An overview of all consumption bans and their places is in the article What is prohibited under the Cannabis Act? Pedestrian zones follow their own time rule, which does not run through the line of sight. On this, read Is there a consumption ban in pedestrian zones?

Circumstances you can assess yourself

Whether a place of consumption lies within the line of sight of a protected place in an individual case can be shown by simple observations:

• Can the protected place be seen or recognised from the place of consumption?
• Do buildings, trees, walls or vehicles block the view?
• Are many people present at the protected place, including children or young people?

These questions do not replace a legal review. They help you plan consumption so that you do not end up in a grey area in the first place. The safest decision is to change the place.

Common misunderstandings

One misconception is that the line of sight is open to negotiation. The law sets a clear boundary: more than 100 metres from the entrance area.

A second misconception is that everything beyond 100 metres is allowed. The limit only describes the end of the line of sight. Other rules in § 5 continue to apply regardless, such as the ban in the presence of minors.

Terms explained briefly

The line of sight is the area around a protected place within which the consumption ban under § 5 para. 2 KCanG also applies. The law also speaks of the enclosed premises (befriedetes Besitztum) of cultivation associations. The law uses this term word for word, and it is used in the same way here.

Prevention and protecting children

The bans around schools and playgrounds protect children and young people. They are meant to prevent young people from experiencing consumption in everyday life. From a health perspective, starting consumption early has lasting effects on cognitive performance according to drugcom. The note is on drugcom.de in its drug encyclopedia.

If you are unsure

1. Change the place before you consume.
2. Clarify the doubt with the questions above, not with a gut feeling.
3. For a specific incident, speak to a specialist lawyer.

For online advice on cannabis, DigiSucht offers counselling at suchtberatung.digital. You can reach the Sucht & Drogen Hotline (addiction and drugs hotline) by phone on 01806 313031. In a specific incident, courts decide case by case, and a specialist lawyer can classify the matter.

Examples from everyday life

An example shows how the circumstances work together. You sit on a bench opposite a playground, and the playground is clearly visible. The distance is small and the view is clear. Here, much speaks for the playground being within the line of sight. The circumstances decide, and in case of doubt this place is to be avoided.

If a building stands between you and the playground, the distance to the entrance area remains the decisive measure. If it lies within 100 metres, assume a ban in case of doubt.

A third case concerns a school at the end of a long street. If its entrance area is more than 100 metres away, the law no longer sets a line of sight. If it lies just short of that, assume a ban in case of doubt.

The 100 metres are the upper limit of the line of sight. How close you actually are in everyday life is something you see on site.

What to keep in mind before consuming

• Is there a school or a children's playground in view?
• Is the protected place more than 100 metres away?
• Are there children or young people who could notice the consumption?
• If the answer to any of these questions is unclear, change the place.

Why the question is often hard in everyday life

Many places lie close together. A city centre often consists of schools, playgrounds, sports areas and residential buildings in a small space. There the line of sight is harder to judge than on an open square on the outskirts. For that reason it is worth avoiding places with many neighbours, even if they look inconspicuous at first sight.

Anyone who regularly moves around a neighbourhood can keep a fixed list of places where they do not consume. That way, the decision does not have to be made afresh each time, and the risk of misjudgement falls. An overview of places with bans is in the article Which places are completely off-limits for consumption?