What can parents legally do about their child's cannabis use?

Under section 1631 of the German Civil Code (BGB), parents have the duty and the right to raise and supervise their child. The BIÖG advises them to take a clear stance on cannabis use. Which measures they may use depends on the child's age, the situation and the limits set by law and family law. This article gives you an overview of the legal requirements and shows where you can get advice.

What the Cannabis Act (KCanG) regulates for minors

Possession of cannabis is only permitted from the age of 18 under the Cannabis Act (KCanG). This does not apply to teenagers under 18. Use in the immediate presence of minors is prohibited under section 5 KCanG. These rules apply to all adults, including parents.

Anyone who passes cannabis on to a child or teenager commits a criminal offence under section 34 KCanG. This affects every person who hands cannabis over to minors, including acquaintances and friends.

Upbringing and limits

Parental custody (Personensorge) under section 1631(1) BGB covers the duty and right to care for, raise and supervise the child and to determine their place of residence. The BIÖG recommends that parents take a clear stance and declare the home a cannabis-free zone.

Section 1631(2) BGB sets the boundary: the child has a right to care and upbringing that excludes violence, corporal punishment, psychological injury and other degrading measures. Whether a specific measure is permissible in an individual case is clarified by a lawyer specialising in family law.

Consequences in the family

The BIÖG gives as an example of a consequence reducing pocket money if the child uses it to buy cannabis products. Parents can also reconsider freedoms such as going out. These should be comprehensible, explained and discussed with the child. A consequence that the child does not understand quickly feels arbitrary and loses its effect.

According to the BIÖG, physical violence and threats are not suitable consequences, and under section 1631(2) BGB, psychological injury and degrading measures are also excluded. Anyone who loses control in a situation should seek support before the conflict hardens.

When the Jugendamt (youth welfare office) plays a role

If a minor is found to have breached the ban on possession, acquisition or cultivation, the competent police and regulatory authority promptly informs the persons with parental custody (section 7(1) KCanG). Where there are substantial indications that the child's welfare is at risk, it also informs the Jugendamt (section 7(2)). The local youth welfare provider should work towards children and young people taking part in early intervention programmes (section 7(3)). You can find out which support is available locally from the Jugendamt. The article When is the Jugendamt informed? explains the procedures in more detail.

When third parties are affected

If the child passes on cannabis to peers or brings friends into contact with cannabis, this also affects their families. According to the BIÖG, acts that are criminal for adults, such as unlawful passing on or sale, are also criminal for teenagers. Criminally responsible teenagers from the age of 14 can be held accountable, and the sentencing ranges differ for teenagers and adults. How this is to be assessed in an individual case is clarified by a specialist lawyer. In such cases, talk with the other parents before taking steps that strain relationships.

What to do if you are unsure

• Write down the incident factually, with date and place.
• Speak with an addiction counselling service about parenting questions.
• Get advice from a lawyer specialising in family law on legal questions.
• Contact the Jugendamt if you need support in everyday life.

A lawyer can check the powers in your specific case. This article does not replace legal advice.

Prevention: trust as the strongest protection

Rules have the strongest effect when a child follows them out of conviction. That requires trust. Anyone who explains consequences, seeks conversation and offers help gains more than with control alone. According to the BIÖG, in the worst case a school or vocational qualification is at risk because memory works less well. The connections are explained in the article How does cannabis affect memory and school qualifications?

Securing cannabis in the household

Anyone who has cannabis at home must protect it under section 10 KCanG through suitable measures and safety precautions against access by third parties, in particular children and teenagers. This also applies to parents. Violations can be an administrative offence (section 36 KCanG).

Rooms, property and privacy

Whether and how far parents may search their child's room depends on the individual case. The BIÖG recommends seeking an open conversation when cannabis-related items are found. Checks can damage trust. More on this is in the article May parents search their child's room?

A lawyer specialising in family law can clarify whether a search is permissible in an individual case.

When the child comes of age

At 18, the child is legally an adult. Possession of cannabis is then permitted up to the amounts for personal use set out in the law. As a result, parents keep some influence, and responsibility for one's own use then lies with the young adult. The article From what age may you possess cannabis? explains the limits in more detail.

Confidentiality and counselling

According to the Niedersächsische Landesstelle für Suchtfragen, counsellors at Lower Saxony's addiction counselling services are bound by statutory confidentiality, and counselling is free of charge and can be anonymous on request. Ask before a conversation which limits to confidentiality apply.

Next steps

• Clarify which rules apply in your family and why.
• Record incidents in writing if they repeat.
• Get advice before taking a step that you cannot undo.

The framework for minors is summarised in What does the KCanG regulate on youth protection?. How to deal with the first find is described in What should you do if you find cannabis with your child?