May you use cannabis in a car with children?

No. Under section 5(1) KCanG, cannabis consumption is prohibited in the immediate presence of persons under 18. On the wording, this also covers a car in which minors are sitting. A breach is an administrative offence (section 36(1) no. 4 KCanG). Driving under cannabis is governed separately by the Road Traffic Act. This article explains both rules and what parents should keep in mind in everyday life.

What the ban on consumption in immediate presence means

The law puts the protection of young people first. Section 5(1) KCanG names no particular place. What matters is that a person under 18 is present when someone consumes cannabis. Whether a specific situation falls under this is assessed case by case by authorities and courts. For parents, this means that cannabis is not used in a car with children, so that the question does not arise in the first place.

Also in a parked car

Some people think a parked car is a private space. Section 5(1) KCanG, however, is tied to the presence of minors, and it does not depend on the place. Anyone unsure should refrain from consumption while children are in the car.

Driving under cannabis: the limit

Driving is a separate matter, governed by the Road Traffic Act. Under section 24a(1a) StVG, anyone who drives a motor vehicle in road traffic commits an administrative offence if they have 3.5 ng/ml or more of tetrahydrocannabinol in the blood serum. This applies regardless of whether children are in the car.

Anyone who also drinks an alcoholic drink, or makes the journey under the influence of an alcoholic drink, may commit a separate offence under section 24a(2a) StVG. The combination is therefore particularly risky.

Fines and driving bans

The law provides fines for breaches of section 24a StVG. The upper limits are set out in section 24a(3) StVG, and in the cases of subsection (2a) a higher range applies. For a fine under section 24a(1) to (2a) StVG, a driving ban must generally also be imposed under section 25(1) StVG.

An exception applies under section 24a(4) StVG where the substance comes from the intended use of a medicine prescribed for a specific illness. Clarify this with your doctor.

Protecting children

The BIÖG describes on cannabispraevention.de that the young brain is in an important stage of development. Children should therefore not find themselves in a situation where they witness consumption. Clear rules help: no consumption in the car, no consumption before driving, and no items left lying around in the open. At home, cannabis and propagation material must be protected from access by third parties, especially children and young people, by suitable measures under section 10 KCanG.

Children need rules they understand, and they may ask questions. An honest conversation about reasons and risks suits their age.

Use, presence and driving

Three things are often mixed up. Use means consuming cannabis. The consumption ban under section 5(1) is linked to the presence of a person under 18. The driving ban under section 24a StVG depends on the blood value and on driving the vehicle. Keeping these apart makes the situation much clearer.

A common misunderstanding

A widespread error is that consumption before the drive lies far enough back. The value in the blood serum decides whether the limit is exceeded, regardless of how you feel. The safest course is to avoid cannabis entirely before driving.

Alternatives to driving

If you do not want to drive after using cannabis, you need a plan beforehand. Public transport, lift shares with a person who stays sober, or a taxi are obvious options. This plan should be settled before the evening begins.

What you can do

• Do not use cannabis in the car with children, not even when parked.
• Avoid cannabis entirely before every journey.
• Store cannabis and propagation material so that children and young people cannot reach them.
• If you are worried about your own use, seek a local or online counselling service.

More on the ban in the presence of minors is explained in the article on the consumption ban in the presence of minors. For how parents handle this at home, see the article on using cannabis at home with children. The mix of alcohol and cannabis is explained in the article on mixed use with alcohol.