What are teachers legally allowed to do about cannabis?

Teachers may neither pass cannabis on to students nor consume it at school. The Cannabis Act (KCanG) sets the national framework for this. How a school responds when a suspicion arises is governed by the school law of the federal state, the school regulations and the requirements of school management. This article places both levels in context and shows where to find the rules of your federal state.

What the KCanG prohibits at schools

Under § 5 para. 2 no. 1 KCanG, public consumption at schools is prohibited, including within sight of them. According to the law, there is no longer any line of sight at a distance of more than 100 meters from the entrance area. Up to that distance, line of sight may exist. Whether it does in an individual case depends on the location.

Consumption is also prohibited under § 5 para. 2 KCanG on children's playgrounds, in child and youth facilities and at publicly accessible sports facilities. This matters for teachers when classes make a trip to a youth centre or a sports ground. The article Does the consumption ban also apply at youth centres? explains what applies there.

In addition, under § 5 para. 1 KCanG, a consumption ban applies in the immediate presence of minors. It is therefore not limited to schools. Anyone who consumes in front of students breaks this ban, regardless of the location. The background is explained in Is it allowed to smoke cannabis in front of minors?.

The criminal boundary when passing cannabis on

The greatest legal risk lies in passing cannabis on to others. Under § 34 para. 1 no. 7 KCanG, anyone who supplies or passes on cannabis faces up to three years’ imprisonment or a fine. The same applies to providing cannabis for immediate consumption (no. 8) and to administering it (no. 9). These basic offences apply regardless of the age of those involved.

The statute lists a standard example of a particularly serious case in § 34 para. 3 KCanG: a person over 21 who supplies, passes on, provides for immediate consumption or administers cannabis to a child or young person. The law provides for imprisonment of three months to five years for this. Teachers are generally over 21, so this rule is particularly important for them.

Courts decide whether a particularly serious case exists in an individual case. A lawyer specialising in criminal law can assess the situation if a suspicion arises. Anyone personally affected is better off seeking advice early, before taking any action.

What happens when a suspicion arises at school

The procedure for a suspicion is governed by the school law of the federal state, the school regulations and the school's internal requirements. They set out who is informed and which steps are provided for. Teachers should know these requirements before a case arises, and ideally discuss them together with the teaching staff.

One practical approach works as follows. The teacher records concrete observations with date and time, such as behaviour, statements or irregularities in lessons. Assumptions about the cause do not belong in the record. The note goes to school management, which decides on the next steps.

The school determines how parents are informed as part of its concept. The article When is the youth welfare office (Jugendamt) informed? explains when the Jugendamt is involved. The article When should schools involve the police (Polizei)? helps with questions about police operations.

A prevention concept as the basis

A prevention concept helps before something happens. In it, schools record which rules apply to cannabis, who the contact persons are and which offers reach students. The article Which prevention concept suits a school? describes the building blocks.

Rules should be explained. It is therefore worthwhile to discuss rules together with the class and to name the consequences openly.

What students should know about health

The Federal Institute for Public Health (Bundesinstitut für Öffentliche Gesundheit, BIÖG) describes that the young brain is in an important phase of development. Consumption can affect this development. In the worst case, the school or vocational qualification is at risk because memory works far less well.

Drugcom also describes that an early start to consumption has lasting effects on cognitive performance. The article What are the consequences of starting to use cannabis early? explains more.

Where to find the rules of your federal state

School law is the responsibility of the federal states. Decrees, guidelines and handbooks are therefore published on the websites of the respective state ministries of education. Using North Rhine-Westphalia as an example, the article What does the NRW decree on cannabis at schools regulate? shows what matters in such a decree.

For practical purposes, the BIÖG offers its own page for teachers on cannabispraevention.de. There you will find information on how to deal with the topic and offers for lessons. How a school develops a consistent rule is shown in the article How does a school develop a consistent rule?.

Typical situations in everyday school life

Many situations are ambiguous. Often it concerns smells on the school grounds, students who seem visibly tired, or rumours in the class. In such cases, it helps to distinguish between observation and assumption. An observation is concrete, for example that a student fell asleep several times in lessons. An assumption would be that the student has consumed cannabis.

Cases also differ according to the age of those involved. The KCanG applies to passing cannabis on to minors, and the question of who supplies cannabis to whom shapes the further assessment. School management clarifies these points together with the responsible authorities.

Dealing with students who need help is also part of the legal framework. As the BIÖG states, possession, acquisition and cultivation of cannabis remain prohibited for minors. For young people who use cannabis, a conversation and support from a school counsellor or school social work are an obvious first step. Further steps are governed by state law. Anyone who passes cannabis on to younger people breaks the law and must expect criminal consequences. This distinction helps keep the conversation factual and puts the protection of the child at the centre. The school counsellor knows the local offers and can refer students to suitable services.

What you can concretely do as a teacher

• Read the requirements of your federal state and the school regulations before a case arises.
• Inform school management about observations and document them factually.
• Involve the school counsellor or school social work.
• Name an addiction counselling service as a point of contact for students.

For individual cases with consequences for the employment relationship or for criminal proceedings, legal advice helps. Which consequences are possible for teachers themselves is shown in What consequences under civil service law does cannabis use have for teachers?. How to start a conversation with a student is explained in How does a teacher start a conversation with a student about cannabis?. An overview of the topic can be found in the prevention and youth protection section and in the youth protection offers.