What consequences under civil service law can cannabis use have for teachers?

Cannabis use can have consequences under civil service law for teachers, especially when it affects school operations or breaches rules. Which consequences are possible depends on the teacher's status, that is, whether they are civil servants or employees, and on state law. The Cannabis Act (KCanG) prohibits use at schools, and road traffic has its own rules. This article classifies these areas and shows where you can get reliable information.

Status also matters

Civil service law is state law for teachers who are civil servants, and collective agreement law applies to employed teachers. Both systems require proper conduct on duty. Whether a behaviour counts as a breach of duty and what consequence follows depends on the individual case, the status and state law. A general list of possible consequences therefore cannot be given responsibly.

A teacher affected should therefore seek advice early. The state personnel office or the trade union can give initial information. In a procedure, a lawyer specialising in administrative or disciplinary law helps.

Use in the school environment

Public use of cannabis is prohibited at schools and within sight of them under section 5(2) no. 1 KCanG. According to the law, a place is no longer within sight at a distance of more than 100 metres from the entrance area. The ban applies to everyone, including teachers. A breach is an administrative offence under section 36 KCanG, regardless of how civil service law assesses the incident.

In addition, there is the presence of children and young people. Under section 5(1) KCanG, use in the immediate presence of minors is prohibited. In the classroom, on school trips or when supervising pupils, this is particularly sensitive. The background is explained in the article May you use cannabis in the presence of minors?.

Driving under the influence

Anyone who drives to school after using cannabis puts themselves and others at risk. In road traffic, section 24a(1a) StVG sets a limit of 3.5 ng/ml THC in blood serum. Anyone who reaches this value commits an administrative offence, punishable by a fine under section 24a StVG. Mixed use with alcohol has its own rules under section 24a(2a) StVG.

For the driving ban, section 25(1) StVG applies: if a fine is imposed under section 24a(1) to (2a) StVG, a driving ban generally also has to be ordered. This can affect teachers in particular who depend on a car to get to school. Anyone who separates use and driving also protects their own profession.

When a suspicion arises in the teaching staff

A suspicion against a colleague affects everyone involved. The head teacher is the first point of contact, because they know the official channels. Factual observations with date and time are helpful. Speculation about reasons does not belong in the note.

A conversation with the person concerned should, where possible, take place before a decision. The school is not an investigating authority. Clarity comes through the official channel, and the school supervisory authority can advise if in doubt. Until a procedure finds otherwise, the presumption of innocence applies.

Procedures and the teacher's rights

Anyone who comes under the eye of civil service law should know their rights. Which rights to participation and to a hearing apply is set by the respective state law; for employees, collective agreement and labour law applies. The affected teacher should clarify this early with the staff council (Personalrat), the trade union or a lawyer specialising in employment law.

Before signing or making a written statement, advice from the staff council, the trade union or a lawyer is recommended.

Preventive duties in everyday school life

Which duties to notify or report apply to teachers, and how concerns are passed on, is set by the school concept and by state requirements. Ask the head teacher or the school supervisory authority.

Training also belongs here, because it gives security. Anyone who knows when an observation must be reported and who is responsible acts faster in an emergency. The article Are there training courses for teachers on cannabis? offers pointers on where to start.

Rumours help nobody, least of all the school. As long as nothing has been clarified, restraint towards third parties is advisable. That protects the person concerned and prevents a suspicion from turning into an accusation.

Official questions are often resolved faster when everyone involved has the same documents in front of them. A note with the date, the occasion and the agreed next steps creates clarity. It helps the teacher as much as the head teacher if it later needs to be reconstructed what was discussed.

Clear school rules protect everyone

A written school rule can set out which expectations apply to teachers and pupils. It creates standards before a case arises, and it relieves the head teacher. How such rules are worded is shown in How do you word school rules on cannabis?.

Teachers are role models for pupils, whether they want to be or not. Anyone who talks about risks factually takes the topic seriously.

Keeping health limits in view

The BIÖG describes that roughly one in eight people who use cannabis becomes dependent. This figure is not a diagnosis for individual people. It does, however, show that use carries a risk of dependence.

More on this is shown in How do you recognise cannabis dependence?. Anyone who notices that their own use is becoming harder to control should not wait until the first official consequence.

Taking strain at work seriously

Health at work also plays a role. Anyone who notices that use serves to cope with stress or strain should talk about it early, for example at an addiction advice centre.

Doctors can also refer people on.

What affected teachers can do

• Keep to the official channel and inform the head teacher if there is a danger at work.
• Do not make a decision alone before advice has taken place.
• Ask the personnel office or the trade union about your own duties.
• Seek an addiction advice centre if use is causing problems, before consequences appear.

How you find an advice centre is shown in How do I find an addiction advice centre near me?. The legal basics for school life are summarised in What may teachers legally do about cannabis?. For specific cases, legal advice or a lawyer specialising in the field is the reliable address.