May I smoke cannabis in the stairwell or hallway of my building?

Whether you may consume cannabis in the stairwell or hallway depends mainly on the tenancy agreement and the house rules. The Consumer Cannabis Act (KCanG) also sets its own limits, for example on consumption in the presence of minors. There is therefore no general answer, and anyone consuming in the stairwell should first know the house rules.

What the KCanG regulates in the building

The KCanG prohibits public consumption at certain places. The places listed are schools and their line of sight, children's playgrounds, facilities for children and young people, publicly accessible sports facilities, pedestrian zones between 7 a.m. and 8 p.m., and the enclosed premises of cultivation associations. A stairwell is not named in this list. Whether a stairwell that third parties can enter counts as a public place depends on the individual case.

This does not mean that anything goes there. House rules and the tenancy agreement can set rules, and the ban in § 5 para. 1 applies regardless of the place: consumption in the direct presence of minors is prohibited (an administrative offence under § 36 para. 1 no. 4 KCanG). A stairwell is a place where children can be on the move. The article What is prohibited under the Cannabis Act? gives an overview of all the bans.

Tenancy agreement and house rules

The tenancy agreement can contain rules on consumption. Whether and how consumption is regulated in the building is set out in the agreement itself and in the house rules, which are often handed over on moving in. Read both documents before you make a decision.

The house rules can cover shared areas such as the stairwell, hallway and cellar. They can also cover smoking or consumption in general. What applies exactly depends on the wording, so looking at the document is the best first step.

More on the landlord and consumption in the flat is in the article Can the landlord ban consumption in the flat?

Community and neighbours

Several households often live in one stairwell. Smells travel through the hallways, and not everyone wants to smell them. If you do not want to annoy the neighbours, think of the other residents when you consume. The article What applies in a dispute with neighbours about cannabis smell? deals with this situation in more detail.

If children live in the building or a child is visiting, the ban on consumption in the direct presence of minors applies. It applies in the stairwell too, as soon as a child notices the consumption directly.

Practical steps

• Read the tenancy agreement and the house rules, and mark the passages on consumption, smoking and shared areas.
• Check whether children live in the building or regularly visit it.
• If in doubt, move consumption into your own flat, as far as the tenancy agreement allows.
• Before deciding, seek a conversation with the property management or the landlord.

Resolving conflicts factually

If neighbours complain, a factual conversation helps more than a discussion in the stairwell. Explain what you do and how you show consideration. If the dispute continues, the tenants' association can help. It knows the typical cases and shows which steps are possible.

A specialist lawyer for tenancy law (Fachanwältin or Fachanwalt für Mietrecht) can assess the situation if warnings or terminations are at stake. Courts decide case by case, and a specialist lawyer can classify the matter.

Health and prevention

A child living in the building may pick up the smell or smoke at home. The BIÖG explains on cannabispraevention.de that the young brain is in an important stage of development. For this reason, consideration in everyday life is worthwhile, especially in shared spaces.

If you notice that consumption increasingly dominates your everyday life, check your own habits. According to the BIÖG, roughly one in eight people who use cannabis becomes dependent. A cannabis check on drugcom.de helps with a first assessment.

Places to turn to

In a dispute with the landlord or neighbours, the tenants' association is a first point of contact. For concerns about your own consumption, you can reach the Sucht & Drogen Hotline (addiction and drugs hotline) on 01806 313031, and information is available at sucht-und-drogen-hotline.de.

What you can check in the building

1. Does the tenancy agreement say anything about consumption, smoking or shared areas?
2. Is there a set of house rules, and what does it say about the stairwell and the cellar?
3. Do children or young people live in the building, and how often do they use the stairwell?
4. Is there a property management company with whom you can clarify questions?

These questions help you assess the situation calmly. If you note the answers, you can say exactly what the matter is in a later conversation with the landlord or the tenants' association.

If the landlord makes a demand

Take a demand from the landlord seriously and read it calmly. If it concerns a warning or a change to the house rules, ask for the reasons in writing. A written reply makes the process traceable. For questions about the next steps, the tenants' association or a specialist lawyer for tenancy law can help.