Does addiction counselling also help with cannabis legal questions?

Addiction counselling helps with questions about use, addiction and quitting. For specific legal questions about cannabis, such as fines, criminal proceedings or driving licence matters, it is not the right place. It can help you understand what the issue is and refer you to people who check the individual case legally.

What addiction counselling can do

The Lower Saxony State Office for Addiction Issues (NLS) is a department of the State Working Group of the Free Welfare Services in Lower Saxony. It sees itself as the central point of contact for addiction. It promotes addiction prevention, addiction support and addiction self-help. For people with questions about their own cannabis use, DigiSucht and mindzone list counselling on use patterns, dependence and quitting.

Relatives can also seek counselling. The DHS names addiction counselling centres as the right address for relatives and others affected.

Where the line to legal advice lies

Legal advice clarifies what applies in a specific case. That includes whether proceedings are opened, which penalty threatens, or whether a notice is correct. Legal advice is responsible for that.

The laws themselves are public. The Consumer Cannabis Act (KCanG) regulates possession in section 3: people aged 18 and over may possess a maximum of 25 grams of cannabis for personal use, and at their residence or usual place of stay a maximum of 50 grams, in each case based on the weight after drying. The total amount possessed may not exceed 50 grams. Private home cultivation is limited under section 9 to a maximum of three plants at the same time, and cannabis from home cultivation may not be passed on to third parties. A specialist lawyer checks how the rules apply in the individual case.

Where to go with which question

The following overview gives rough orientation. It does not replace individual advice.

Topic	Legal basis	First point of contact
Criminal questions about possession or passing on	KCanG, criminal law	A specialist lawyer for criminal law
Fine after driving under cannabis	Road Traffic Act (StVG), section 24a	A specialist lawyer for traffic law
Driving licence and driving entitlement	StVG section 25 and driving licence law	Driving licence authority (Fahrerlaubnisbehörde)
Use at home and tenancy agreement	Tenancy agreement, house rules	Tenants' association
Cost coverage for medical cannabis	Insurance law	Health insurer

For fines, road traffic is the key area. For a fine under section 24a (1) to (2a) StVG, the law generally also requires a driving ban to be imposed (section 25 (1) StVG). The competent authorities decide how this turns out in the individual case, and a specialist lawyer can put it in context.

What you can clarify in counselling

Addiction counselling is helpful when you need orientation. You can, for example, discuss how you assess your use, which habits weigh on you and which support fits your situation. Whether you should see a doctor can also be clarified there.

• Which office is responsible for my legal question?
• Which documents do I need for a conversation with a specialist lawyer?
• How do I prepare for a meeting with the authority?
• Which deadlines are in my letter, and where do I find them?

The answer to the last question is in the notice itself. Enter deadlines in your calendar straight away and keep all letters.

When you should act quickly

With notices, summonses and deadlines, every day counts. Note the date of the letter, the date of receipt and the deadline stated. Anyone who responds late has less room for manoeuvre. That is why a short consultation in the first few days is useful, before you spend a long time searching for answers afterwards.

An example: the fine notice arrives by post

Imagine that after a traffic check a letter arrives by post a few weeks later. The first step is to read the notice calmly. It names the offence, the legal basis and a deadline by which you can respond. The amount of the fine is also stated in the notice.

Note the deadline straight away and keep all documents. If you want to contest the notice, it makes sense to ask a specialist lawyer for traffic law early. For a fine under section 24a StVG, the law generally also requires a driving ban to be imposed. That is why it is worth raising this topic directly in the conversation.

For road traffic, the statutory limit is what counts. In blood serum it is 3.5 ng/ml THC (section 24a (1a) StVG). Anyone unsure after using cannabis does not drive. This simple rule protects you and others and spares you the path to a notice.

Prevention: knowing the rules helps early

Many legal questions arise because the rules are unknown. Under section 5 KCanG, using cannabis in the immediate presence of persons under 18 is prohibited. Public use is also prohibited, among other places, at schools, on children's playgrounds, in child and youth facilities and at publicly accessible sports facilities, in each case including their sight zone, and likewise in pedestrian zones between 7:00 and 20:00. The sight zone ends at a distance of more than 100 meters from the entrance area of the facility. More on this can be found in the section Youth protection.

What you can do now

If you have a legal question, first write down what happened, which letters you received and which deadlines are running. Then speak to an addiction counselling service, which will refer you to the right place. For criminal proceedings or fines, a specialist lawyer is the next step. The Sucht & Drogen Hotline on 01806 313031 (20 cents per call from German landlines and mobile networks) offers telephone counselling and information. Addiction counselling on site can name points of contact for you. You can find the counselling service closest to you via finding an addiction counselling service; information on a violation is in the article What to do after a violation.