Which rules apply at schools for cannabis under the KCanG?

At schools, public cannabis consumption is prohibited under § 5 para. 2 of the Cannabis Act (KCanG), both in the school itself and within sight of it. The law limits line of sight outwards: at a distance of more than 100 meters from the entrance area, there is no longer any line of sight under the law. Whether line of sight exists at a particular place depends on the individual case. If in doubt, ask the competent authority or a lawyer specialising in the area.

Does the ban apply on school grounds?

Yes, to the extent that consumption is public. The ban covers public consumption at the school itself and within sight of it. In addition, house rules may generally prohibit consumption, and the BIÖG points out that house rules may need to be supplemented with a cannabis consumption ban. The rule appears in § 5 para. 2 no. 1 KCanG, together with other places such as children’s playgrounds and child and youth facilities. For schools, this is the most important provision, because it names the place expressly, so that no interpretation is needed to establish where protection begins.

What does the 100-meter limit mean?

The law prohibits public consumption at schools and within sight of them. At a distance of more than 100 meters, there is no longer any line of sight under the law. Measurement starts at the entrance area of the facility. Anyone unsure about the surroundings of a school is best advised to avoid consumption altogether. A more detailed overview of distances is given in the article How far away from the school entrance may one consume?

Which rules apply to minors?

Special rules apply to students under 18. Possession, acquisition and cultivation of cannabis remain prohibited for minors, as the BIÖG states. Possession of 25 grams or less is permitted under § 3 para. 1 KCanG for persons aged 18 and over. Consumption in the immediate presence of minors is prohibited under § 5 para. 1 KCanG. This therefore also concerns situations outside school, for example at home or in a car when children or young people are present.

Passing cannabis on is a separate topic. Anyone who supplies or passes cannabis on to children or young people commits a criminal offence under § 34 KCanG. For persons over 21, this is a standard example of a particularly serious case. The penalty range then runs from three months to five years’ imprisonment. The basic form of the offence provides for imprisonment of up to three years or a fine.

Which role does health protection play?

The rules protect the school, but above all the young people themselves. According to cannabispraevention.de, the young brain is in an important phase of development. The same source describes how cannabis can affect learning: in the worst case, the school or vocational qualification is at risk because memory works far worse. Teachers should know these consequences when speaking with affected students. More on this is in the article How does cannabis affect memory and school qualifications?

What do teachers do when something happens?

For the procedure in an incident, every school should set a fixed sequence in advance. One possible sequence looks like this:

1. Secure the situation and support the person concerned, without threats.
2. Inform school management and agree the next steps.
3. Inform the parents, to the extent that the school rules and the case provide for it.
4. If there is a suspicion that a child’s welfare is endangered, involve the youth welfare office (Jugendamt).
5. For questions about criminal liability, ask the Polizei or a lawyer specialising in criminal law.

Which consequences an incident has for teachers in their employment is something to ask the responsible school supervisory authority. Courts decide in individual cases, and a lawyer specialising in the area can classify them. The procedure after an incident is described in the article How does a school proceed after an incident?

How are parents involved?

Whether and when parents are informed is governed by school law and by the individual case. Which requirements apply at your school can be found from the school supervisory authority. The BIÖG’s page for teachers names situations in which contact with parents is essential. In addition, authorities inform parents or legal guardians when minors breach the cannabis ban.

What applies outside school?

The consumption ban extends beyond the school grounds. Under § 5 para. 2 KCanG, public consumption is also prohibited on children’s playgrounds, in child and youth facilities and at publicly accessible sports facilities, in each case also within sight of them. In pedestrian zones, a separate ban applies between 7:00 and 20:00. For the route to school and the surroundings of the school, it is therefore important to know which places are nearby. The 100-meter limit measured from the entrance area applies to the facilities named. The rule for pedestrian zones is separate.

Why a uniform rule helps

If teachers interpret the rule differently, students find it harder to understand. A uniform wording within the teaching staff creates clarity: what applies on the grounds, what applies in the surroundings, and which steps follow an incident. The rule should be short and understandable, and it should be discussed together. The article How do you word school rules on cannabis? describes how such rules are worded.

What help is available for those affected?

Anyone who consumes themselves or is worried about a student finds help through the Sucht und Drogen Hotline on 01806 313031. The drugcom.de cannabis check asks about consumption over the past 12 months, including whether control was lost. It does not replace a conversation. It can, however, offer a first assessment. The result can be discussed well in a conversation with a counselling service.

What you can do now

• Check whether the school rules explicitly name consumption on the grounds and in the surroundings.
• Agree with school management who is responsible for incidents and who informs the parents.
• Ask the school supervisory authority for the requirements on official questions.
• Decide when the youth welfare office (Jugendamt) is involved.
• Read the article What are teachers legally allowed to do about cannabis? and check which steps suit your school.

Further information on youth protection is available at youth protection and in the article What does the KCanG regulate on youth protection? For questions about a specific case, it is best to contact a lawyer specialising in the area.