From what age may you grow cannabis plants yourself?

From age 18, you may grow cannabis yourself, up to three plants at the same time, at your place of residence or habitual abode. This rule is set out in section 9 KCanG. Anyone younger may not grow cannabis, and anyone who keeps more than three plants exceeds the limit of the law.

What section 9 KCanG permits

Home cultivation depends on two conditions. The first is age: the permission applies to persons aged 18 and over. The second is number: no more than three cannabis plants may be present at the same time. Cultivation must also take place at your place of residence or habitual abode.

The number of plants is an upper limit. If you have two plants and want to add a third, keep the total in view, because the law counts the plants overall. Anyone who grows more than three plants at the same time, or possesses more than three living plants, commits a criminal offence under section 34(1) no. 1 letter c and no. 2 letter a KCanG.

What home cultivation does not allow

The law prohibits supply. Cannabis from private home cultivation may not be passed on to third parties under section 9(2) KCanG. This applies to friends, neighbours and family.

Anyone who gives the harvest to others breaks the rule, however small the quantity. Supplying cannabis is a criminal offence under section 34(1) no. 7 KCanG.

Harvest and possession at the place of residence

Anyone who grows also possesses the harvest. Under section 3(2) KCanG, possession at the place of residence or habitual abode of up to 50 grams of cannabis and up to three living plants is permitted. For flowers, leaves close to the flower and other plant material, the weight after drying applies. Outside the place of residence, section 3(1) permits up to 25 grams.

Why the minimum age is 18

According to cannabispraevention.de, the risks of cannabis for young people are particularly high because THC disrupts maturation processes in the brain. In the worst case, school or vocational qualifications are at risk, because memory works much worse.

For the household, who has access to the plants also matters. Under section 10 KCanG, cannabis and propagation material must be protected at the place of residence and habitual abode by suitable measures and safety precautions from access by third parties, especially children and young people. A breach is an administrative offence (section 36(1) no. 6 KCanG).

Home cultivation and cannabis associations

Home cultivation must be distinguished from communal cultivation in a cannabis association (Anbauvereinigung). Members of a cannabis association must be at least 18 (section 16(1) KCanG), and a person may only be a member of one cannabis association (section 16(2) sentence 2). Cannabis from communal cultivation is supplied only within the enclosed premises to members (section 19 KCanG).

Anyone who wants to compare the two can read the guide on the difference between home cultivation and a club.

What parents and housemates should observe

Anyone who lives with young people in the household should plan home cultivation especially carefully. Plants should be kept out of reach of children and young people. A lockable room is a simple solution, and the key should not be freely accessible either.

The BIÖG offers parents tips for talking with young people on cannabispraevention.de. More on this is in the guide on securing plants from young people.

If you are unsure

Anyone who does not know whether their cultivation complies with the rules should seek advice. A counselling service helps with questions on use, and a specialist lawyer can clarify individual legal questions. Courts decide in individual cases.

For an initial overview, the prevention and youth protection topic area is useful. Anyone who wants to reduce their own use can get confidential help at a local addiction counselling service.

Cultivation in rented flats and shared flats

Whether you may grow in a rented flat is a question that goes beyond the KCanG. Check in advance whether the tenancy agreement regulates cultivation. The tenants' association can help, because tenancy law is a separate legal field.

In shared flats too, a conversation before cultivation is worthwhile. All flatmates should know what is grown, where it is kept and who has access. That protects against conflict and misunderstandings.

The most important rules at a glance

Anyone who grows should keep these points in mind:

• Minimum age 18, so please check this beforehand.
• No more than three cannabis plants at the same time.
• Cultivation at the place of residence or habitual abode.
• No supply to third parties, not even to friends.
• Keep plants so that children and young people cannot reach them.