How much may I carry outside my home?

Outside your home, if you are aged 18 or over, you may carry up to 25 grams of cannabis under the Consumer Cannabis Act (KCanG). This limit is set out in § 3 para. 1 KCanG and applies to personal use. The higher limit of 50 grams for flowers applies at your place of residence or habitual abode and is not the relevant figure for carrying cannabis when you are out and about.

What the law says

The wording of § 3 para. 1 KCanG governs possession of up to 25 grams of cannabis for persons who have reached the age of 18. Para. 2 allows up to 50 grams at the place of residence or habitual abode, as an exception to this. The 25-gram limit is therefore the decisive figure whenever you are not at your place of residence or habitual abode.

Possession means that you carry or keep the cannabis. A backpack, a jacket pocket or a car all count as possession. Anyone who keeps within the limit acts within the law. More on the total limit is in the article How much cannabis may I have?

25 grams and 50 grams compared

Many people confuse the two figures. The differences are clear:

• 25 grams are the general limit for possession from the age of 18 (§ 3 para. 1 KCanG).
• 50 grams are the limit at your place of residence or habitual abode, for flowers, leaves close to flowers and other plant material (§ 3 para. 2 no. 1 KCanG).

Anyone who has more than 25 and up to 30 grams outside their place of residence or habitual abode commits an administrative offence (§ 36 para. 1 no. 1 KCanG). Above 30 grams, imprisonment of up to three years or a fine is threatened (§ 34 para. 1 no. 1 KCanG). The higher figure of 50 grams does not help you outside your place of residence.

Consumption when out and about is restricted

Anyone carrying cannabis may not consume it everywhere. The rules for public spaces are set out in § 5 KCanG:

• Public consumption at schools and within their line of sight is prohibited (§ 5 para. 2 no. 1 KCanG).
• Public consumption on children's playgrounds, in facilities for children and young people, and at publicly accessible sports facilities is prohibited (§ 5 para. 2 KCanG).
• In pedestrian zones, consumption is prohibited between 7 a.m. and 8 p.m. (§ 5 para. 2 no. 5 KCanG).
• Consumption in the direct presence of minors is prohibited (§ 5 para. 1 KCanG).

The line of sight ends at a distance of more than 100 metres from the entrance area of the facility. Anyone who consumes cannabis near a school therefore quickly breaks the law. An overview of all bans is in the article What is prohibited under the Cannabis Act?

Passing on when out and about is a separate matter

Anyone carrying cannabis for others is in a different legal area. Handing over or passing on may be punishable under § 34 KCanG. The basic offence provides for imprisonment of up to three years or a fine. Stricter rules apply to passing on to minors.

Road traffic: a second limit

When you are out and about, road traffic is also relevant. Under § 24a para. 1a of the Road Traffic Act (Straßenverkehrsgesetz, StVG), the THC limit is 3.5 ng/ml in blood serum. Anyone above it commits an administrative offence. Carrying cannabis is irrelevant here; consumption before driving is what counts. If you want to drive after consuming, consider the effects and leave the car alone.

Practical questions when carrying cannabis

Anyone carrying cannabis when out and about should know the amount and not guess it. A kitchen scale at home helps you check the amount beforehand. Anyone who checks the amount regularly does not have to estimate it during a check. The limit applies to the entire possession, that is, to everything you are carrying at that moment. An amount in one bag and another in a backpack add up together.

Carrying from a cultivation association

Supply from a cultivation association follows its own limits. For members aged 21 and over, up to 25 grams per day and 50 grams per calendar month are permitted (§ 19 para. 3 KCanG). Young adults may receive up to 30 grams per calendar month. These supply limits and the possession limit under § 3 KCanG concern different processes and exist side by side.

Out and about near children

When carrying cannabis, too, the following applies: consumption in the direct presence of minors is prohibited (§ 5 para. 1 KCanG). If you are out with a child at a playground, postpone any consumption. On children's playgrounds, public consumption is also prohibited within their line of sight (§ 5 para. 2 KCanG).

What helps during a check

During a check, stay factual and calm. A lawyer can advise you before you make any statement on the matter. A note with the amount, place and time helps you later, because memories are often inaccurate in stressful situations. A lawyer can also explain in advance which steps make sense. More on this is in the article What to do if you have breached the KCanG?

The possession limit also applies in a car

In a vehicle, the same possession limit applies as on foot. Possession exists when you keep the cannabis on you or in the vehicle. At the wheel, § 24a StVG applies in addition, regardless of how much cannabis you have with you.

A journey after consumption is therefore a risk of its own. Anyone who has consumed cannabis should not drive, even if the amount in the vehicle is small.

Where to read more or get advice

The wording of § 3 KCanG is available free of charge on gesetze-im-internet.de, under § 3 KCanG. For specific questions about a situation, a counselling centre on site or a lawyer can help. If you need support after an incident, the article What to do if you have breached the KCanG? helps. This guide does not replace legal advice.