Which fines can minors face for cannabis?

Fines in cannabis law arise from two statutes. The KCanG sets out administrative offences in section 36, for example consumption in breach of section 5, or possession above the limits outside the place of residence. The Road Traffic Act governs breaches while driving in section 24a. Whether and how a minor is held to account depends on age and the offence: a person under 14 does not act culpably with an administrative offence (section 12(1) OWiG). A young person acts culpably only under the conditions of section 3 sentence 1 JGG.

Administrative offences under the KCanG

Section 36(1) KCanG names, for example, these administrative offences:

• Consumption in breach of section 5(1), (2) sentence 1 or (3), that is, in the immediate presence of persons under 18 or publicly in the prohibited places (no. 4).
• Possession of more than 25 and up to 30 grams at a place outside the place of residence, or in total more than 50 and up to 60 grams (no. 1).
• Failure to protect cannabis and propagation material from access by third parties (no. 6).

The maximum fine varies by case and is set out in section 36(2) KCanG. Anyone who possesses more than 30 grams outside the place of residence or more than 60 grams in total commits a criminal offence (section 34(1) no. 1 KCanG).

When young people and young adults are responsible

Under section 1(2) of the Juvenile Courts Act (JGG), a juvenile is someone who is 14 but not yet 18 at the time of the offence, and a young adult is someone who is 18 but not yet 21. The JGG applies when a juvenile or young adult commits an offence that is punishable under the general rules (section 1(1) JGG). For young adults, the court applies the rules for juveniles only under the conditions of section 105 JGG, after an overall assessment of the personality. A specialist lawyer for juvenile criminal law can assess how this turns out in an individual case.

The limits in road traffic

The central standard is section 24a StVG. For alcohol, the limit is 0.5 per mille in the blood (subsection 1). For cannabis, subsection 1a sets a value of 3.5 ng/ml or more of tetrahydrocannabinol in the blood serum. Under subsection 2, anyone who drives a motor vehicle under the influence of an intoxicant listed in the annex also commits an administrative offence. Under subsection 2a, anyone who commits the act under subsection 1a and also consumes an alcoholic drink, or drives under the influence of an alcoholic drink, commits an administrative offence. For subsection 2a, subsection 3 provides a higher fine range than for subsections 1, 1a and 2.

The driving ban

A fine alone is often not the only consequence. Under section 25(1) StVG, a driving ban generally must be imposed for a fine under section 24a(1) to (2a) StVG. It can last one to three months under section 25(1) sentence 1. A traffic law lawyer can review the situation.

Exception for prescribed medicines

Under section 24a(4) StVG, subsections 1a, 2 sentence 1 and 2a do not apply if the substance comes from the intended use of a medicine prescribed for a specific illness. The exception therefore requires a medical prescription for a specific condition. Anyone taking a medicine should ask their doctor about road traffic.

What parents and those affected can do

The person concerned can lodge an objection to a fine notice in writing or for the record with the administrative authority that issued it, within two weeks of service (section 67(1) OWiG). Note the deadline immediately and keep all letters. Parents are best off reading the notice together with the child. Notes on the process, photos of documents and papers on a prescription help a lawyer classify the case.

What you can do now

• Note the deadline and the authority in your calendar, and read every letter in full.
• Do not consume before driving, not even in small amounts.
• If you are unsure, ask a specialist lawyer.
• If you are worried about your own use, use a counselling service, for example the Sucht & Drogen Hotline of the BIÖG on 01806 313031.

The consequences for young people are set out in the article on the consequences of a breach. For the question of the age of criminal responsibility, read the article on the age of criminal responsibility for cannabis offences. How mixed use works is described in the article on cannabis and alcohol. The framework for youth protection is in the area Prevention and youth protection.