How do cannabis associations check minimum age?

A cannabis association must have the age of every member proven. At admission, section 16(4) KCanG requires proof that the person has reached 18 years of age, by presenting an official photo ID or other suitable official documents. For every handover of cannabis, the club must also ensure strict checks of age and membership: by presenting the membership card together with an official photo ID (section 19(2) sentence 2 KCanG).

The age rule in the KCanG

Under section 16(1) KCanG, cannabis associations may only have members who have reached the age of 18. A date of birth just below this limit is not enough. Anyone who is not yet 18 cannot become a member. In addition, cannabis associations may not grant persons under 18 access to their enclosed premises (section 23(1) KCanG).

Checks at admission

Under section 16(4) KCanG, the person must prove at admission, by an official photo ID or other suitable official documents, that they have a residence or habitual abode in Germany and have reached the age of 18. The following steps are sensible for the process:

• Have an official photo ID or another suitable official document shown at admission.
• Compare the date of birth in the document with the details on the application before confirming admission.
• Obtain a written or electronic declaration that the person is not a member of any other cannabis association. The club keeps this self-declaration for three years (section 16(3) KCanG).
• Record the process in writing, so that every member of the team proceeds in the same way.

Checks at every handover

Under section 19(2) KCanG, cannabis may be handed over exclusively within the enclosed premises, from members to members, for personal consumption, and only when both are personally present. At every handover, the club must ensure strict checks of age and membership. This also applies to members known to the team. If the check is missing, it is an administrative offence (section 36(1) nos. 16 and 17 KCanG).

Data protection for ID details

Checking IDs creates personal data, and data protection rules apply to handling it. A club should therefore record only what it needs for proof and set out in its concept which data is collected and how long it is stored. If you want to look into data protection questions further, a data protection adviser or the association can help.

Youth protection concept and prevention officer

Cannabis associations must draw up a health and youth protection concept (section 23(6) KCanG). The board also appoints a member as prevention officer (section 23(4) KCanG). Both are, under section 12(1) nos. 3 and 4 KCanG, a condition for the licence. The prevention officer is the contact for questions on addiction prevention and can therefore also help with questions on the age check process.

What the application requires

The application for a licence must be made in writing or electronically under section 11(4) KCanG and must contain certain information and evidence in German. Which these are is set out in section 11(4) KCanG. If you are preparing the application, read the guide to the documents for the application under section 11 KCanG.

When age is unclear

If a presented document does not clearly show the date of birth, admission is not confirmed until age is clear. Anyone without an official photo ID does not receive cannabis, because the check must be carried out at every handover. Such rules should apply equally to everyone.

Typical mistakes in age checks

• The check is carried out only for new faces, and known people are no longer checked.
• The date of birth is copied into the application without comparing it with the document.
• Nobody is responsible, so each person at the entrance does things differently.

Information for interested people and parents

Anyone under 18 cannot become a member. Anyone with questions about their own use can find confidential help at an addiction counselling service, and parents can also seek advice. The BIÖG provides information on cannabispraevention.de about materials and background.

Contacts and next steps

For questions on the age check, the competent licensing authority helps. If you want to see the rules for young people as a whole, read the guide on young people as members. The prevention and youth protection area can be found under Prevention and youth protection.