May you take cannabis with you on holiday abroad?

No, taking cannabis from Germany abroad is prohibited. The Consumer Cannabis Act (KCanG) bans export, import and transit (§ 2 para. 1 nos. 5 and 6 KCanG), and breaches are punishable with imprisonment of up to three years or a fine (§ 34 para. 1 nos. 5 and 6 KCanG). In addition, the law of the country you are currently in applies. The possession limits of the KCanG relate to possession in Germany. What is allowed at the destination must be checked before the journey. Reliable information can be obtained from the embassy or consulate of the destination country and from a specialist lawyer with experience in narcotics law.

The law of the destination country counts

The legal position differs clearly from country to country. Some countries tolerate sales in certain shops, others work with their own models and licences, and still others treat cannabis like any other narcotic. A rule from Germany cannot therefore simply be transferred to another country.

The following examples show the range. They are taken from official sources and do not replace information on the legal position in your particular destination country.

Country	What the source states	Source
Netherlands	Coffee shops sell cannabis under a toleration policy (gedoogbeleid).	rijksoverheid.nl
Switzerland	The Federal Office of Public Health (BAG) approves pilot projects with cannabis if the application is complete.	bag.admin.ch
Austria	The cannabis plant is subject to the Narcotics Act (Suchtmittelgesetz). For offences that serve exclusively the offender's own personal use, the report goes to the district administrative authority (§ 13 para. 2a).	ris.bka.gv.at
Canada	The sale of cannabis is prohibited unless the law permits it.	laws-lois.justice.gc.ca

Check the date of each source. Legal positions change, and a page from yesterday may already be out of date.

Toleration is not permission

A common mistake is to assume that if cannabis is sold in shops in one country, you may take it with you. That does not follow. Toleration of sales says nothing about what you may carry as a traveller or what applies on your return.

The reverse direction is just as important. German rules do not replace the rules on site, and the rules on site do not replace the German rules that apply on return. The two levels must be kept apart in your mind.

What applies on return to Germany

After you return, German rules apply again. This includes the possession limit of 25 grams for persons aged 18 and over under § 3 para. 1 KCanG. The higher limit of 50 grams for flowers and plant material applies at your place of residence or habitual abode (§ 3 para. 2 no. 1). The consumption bans under § 5 also apply.

Importing cannabis into Germany is prohibited (§ 2 para. 1 no. 5 KCanG) and punishable (§ 34 para. 1 no. 5 KCanG). Do not bring cannabis across the border. For questions about a specific case, a specialist lawyer with experience in narcotics law can help.

On holiday, be careful with driving and alcohol

Anyone who consumes on holiday and then drives should not forget the German rules as soon as they are back. In road traffic in Germany, § 24a of the Road Traffic Act (Straßenverkehrsgesetz, StVG) applies. The limit for alcohol is 0.5 per mille in the blood, and for THC 3.5 ng/ml in blood serum. A combination of THC and alcohol is a separate offence (§ 24a para. 2a StVG). When a fine is imposed under § 24a StVG, § 25 para. 1 StVG provides that a driving ban is generally ordered as well.

Rental cars also fall under these rules as soon as you drive in Germany. If you plan a journey in a foreign country, settle the route and the time beforehand, so that no spontaneous decision is needed.

Checklist before the trip

1. Ask the embassy or consulate about the legal position of the destination country.
2. Check the information: which date does the source carry, and who issued it?
3. Do not bring cannabis across the border, because export and import are prohibited.
4. If you are unsure, take nothing with you that you have not been able to clarify clearly.
5. Consider alcohol and driving together, and rule out driving after consumption.

The last question may seem trivial, but it matters in everyday life. Anyone who clarifies it beforehand does not have to decide on the spot while travelling.

Health while travelling

On holiday, decisions sometimes turn out differently than at home. A new environment, new people and alcohol change behaviour. That is a good reason to decide in advance what you will and will not do. According to the BIÖG, roughly one in eight people who use cannabis becomes dependent. Psychoses also occur more often among people who use cannabis than among people who do not. A look at your own habits is therefore worthwhile before a trip too.

Places to turn to

For information on the legal position of a destination country, the embassy and consulate are the direct point of contact. For legal questions about possession, entry or a report, courts decide case by case, and a specialist lawyer can classify the matter. If you are worried about your own consumption, you can reach the Sucht & Drogen Hotline (addiction and drugs hotline) on 01806 313031.