How far must cannabis associations be from schools?

The enclosed premises (befriedetes Besitztum) of a cannabis association may not lie within a 200-metre radius of the entrance area of schools, child and youth facilities or children's playgrounds. Section 12(1) sentence 1 no. 6 KCanG sets this out: if the premises lie within this area, the licence must be refused. Anyone looking for a site should therefore check the distance before applying.

What the 200-metre rule says exactly

The law sets a 200-metre zone around the entrance area of the facility. It refers to the enclosed premises of the cannabis association, meaning the site on which cultivation takes place and cannabis is supplied. The measurement is taken from the entrance area of the facility, and the plot boundary does not serve as the starting point.

The rule concerns the licence. Under section 12(1), the licence must be refused if the premises are unsuitable for the joint cultivation and supply of cannabis because they lie within this area. The location should therefore be clarified before the association signs contracts.

Which places count

Section 12 names three types of places: schools, child and youth facilities, and children's playgrounds. How a particular site is classified, for example a facility with mixed use, is decided by the licensing authority in the procedure. In borderline cases, ask the authority before you sign a rental or purchase contract.

Further requirements for the premises

The same point 6 names two further reasons why enclosed premises are unsuitable: they are not secured under section 22(1) sentence 2 KCanG, or they are not protected against view from outside under section 23(3) KCanG. Cultivation areas and greenhouses used outside indoor spaces must be protected against view from outside by fencing or other suitable measures under section 23(3).

Under point 7, the premises may also not lie wholly or partly within a private home or within the enclosed premises of another cannabis association. A site just outside the circle is therefore not automatically suitable.

How to check the distance in practice

A simple approach helps when looking for a site:

• Take a map and draw a circle with a 200-metre radius around the site.
• Mark all schools, child and youth facilities and children's playgrounds within the circle. Municipal city maps help with this.
• Use the entrance area of the facility as the measuring point.
• In borderline cases, ask the licensing authority before signing contracts.

A plan showing the entrance, the circle and the surrounding facilities makes the calculation traceable. You can also present this plan to the licensing authority.

The sight range for consumption

The consumption ban is a separate matter from the distance to a site. Under section 5(2) KCanG, public consumption of cannabis is prohibited in schools and within their line of sight. The same applies to child and youth facilities, children's playgrounds and publicly accessible sports facilities, each also within their line of sight. Public consumption is also prohibited within the enclosed premises of cannabis associations and within their line of sight.

A line of sight is no longer given at a distance of more than 100 metres from the entrance area of the facility, under section 5(2) sentence 2. Breaches of the consumption ban are administrative offences (section 36(1) no. 4 KCanG). The 200-metre site distance applies to the licence, while the 100-metre sight range applies to consumption.

Youth protection in the surroundings

The BIÖG describes on cannabispraevention.de that the young brain is in an important stage of development and that THC disrupts maturation processes in the brain. Cannabis associations may not grant persons under 18 access to their enclosed premises (section 23(1) KCanG). They must also appoint a prevention officer and draw up a health and youth protection concept (section 23(4) and (6) KCanG).

Typical mistakes when looking for a site

• Measuring the distance from the plot boundary, although the entrance area of the facility is the decisive point.
• Checking only the school in your own neighbourhood and overlooking child and youth facilities or playgrounds.
• Signing the rental contract before the location is clarified.
• Overlooking protection against view from outside when planning the cultivation areas.

Contacts and further information

For questions about distance, contact the competent licensing authority. For questions about use and youth protection, the local addiction counselling service helps. The BIÖG informs on cannabispraevention.de about youth protection and prevention. More on the site and founding is in the guide to the requirements for the site of the cultivation area. On the consumption ban in public spaces, read the guide to the consumption ban at playgrounds.