Which measures are possible for pupils using cannabis?

Which measures a school can take depends on the school law of the relevant federal state. The school management and the responsible school office provide information on this. Regardless of that, the bans of the Consumer Cannabis Act (Konsumcannabisgesetz, KCanG) apply and set the framework within which schools act. This article explains which legal limits are fixed, which educational measures work and where to ask for the details.

The legal framework

The Consumer Cannabis Act bans public consumption in schools and within sight of them. Under the law, that sight range ends at a distance of more than 100 metres from the entrance area. In addition, consumption in the immediate presence of persons under 18 is banned. These rules are set out in section 5 KCanG and apply to everyone, whether or not they work at the school.

For minors the basic rules are stricter. Possession, acquisition and cultivation of cannabis remain banned for them. Sale and passing on to persons under 18 are also prohibited. Anyone who gives or passes on cannabis to a child or young person commits a criminal offence. In particularly serious cases, usually where cannabis is passed on by persons over 21, the law provides for imprisonment of three months to five years (section 34(3) KCanG).

Which measures work in school life

Schools can act on two levels: with educational steps and with the means that state school law provides. Educationally, what works mainly is clear conversation, a fixed contact person and a plan that links school and family. The specialist site cannabispraevention.de stresses that rules should clearly communicate that certain behaviour is not tolerated and that breaches have consequences. In our view, this should also include an offer of help.

The educational steps include:

• a conversation with the person concerned, factual and without exposing them,
• contact with the parents where the situation requires it,
• an agreement on conduct and timeframe that both sides can sign,
• a reference to counselling, for example through school social work or an addiction counselling service.

Which further school measures are permitted depends on state law. These include consequences for behaviour that are set out in the school rules or the house rules. Whether and how these rules apply is decided by the school management.

Why schools involve parents

The specialist site for teachers at cannabispraevention.de states that when minors breach the cannabis ban, the authorities inform the parents or legal guardians. Schools should therefore involve parents themselves at an early stage, before official notification becomes necessary.

Contact with parents complements the school's work. It clarifies what happens at home and shows what support the family needs. The article How does the school involve parents in cannabis prevention? describes typical steps.

Health as a reason for help

Measures work better when they keep health protection in view. The young brain is in an important stage of development, as the BIÖG notes. In the worst case, a school or vocational qualification is at risk because memory functions less well.

Also, according to drugcom, problematic use usually starts earlier than dependence. Anyone who raises changes early does not have to wait for a diagnosis. The drugcom cannabis check helps young people assess their own use over the past twelve months.

Who decides in individual cases

The school management is responsible for specific measures, where necessary together with the school supervisory authority. The school supervisory authority at the school office or the state ministry can say precisely which rules apply in the state. Ask these bodies directly before you announce a measure. This way you avoid making promises the school cannot keep.

For legal questions about a single case, a lawyer specialising in school law can help.

Documenting and justifying measures

A measure is only as good as its justification. The school records which facts were present, which rule is affected and which agreement was reached. The note states the date, the people involved and the next appointment. Brief, factual documentation prevents misunderstandings and helps if someone asks later.

The justification should stay with what was observed. A measure based on assumptions quickly appears unfair. A measure that refers to concrete facts and a clear goal, by contrast, appears comprehensible. For the person affected, the principle is that they should know why something is happening and what they can do to bring it to an end. The school management assesses whether a measure is proportionate in an individual case under the school law of the state. On request, the school supervisory authority explains the framework.

Combining measures with health protection

Good measures combine rules with help. A conversation about health belongs to this. The BIÖG explains that cannabis can affect the young brain and that concentration suffers when it is used frequently. Anyone who includes this in the measure links the rule to a reason that young people can understand.

Counselling should also be part of the measure. The Sucht und Drogen Hotline on 01806 313031 and the DHS addiction-help directory (Suchthilfeverzeichnis) should be mentioned in the conversation. A measure is complete only once an agreement on how things continue has been reached; the sanction alone is not enough. Repeated incidents should lead to a further conversation at which the agreement is reviewed.

At the end it is worth looking at whether the measure works. Changes can have many causes and cannot be attributed to the measure alone. If nothing has changed after a few weeks, another offer may be needed.

Contact points and next steps

Anyone preparing a measure should involve at least three bodies: the school management, school social work and the parents. Counselling services are added for the family. The Sucht und Drogen Hotline can be reached on 01806 313031. The parents' helpline of the Nummer gegen Kummer is available on 0800 111 0 550. The DHS addiction-help directory lists counselling services by postcode.

Next, clarify which rule applies at your school and who knows it. Write the measure down so that everyone involved can follow it. The article How do you formulate school rules on cannabis? helps to set the rule out clearly.