Is parental permission enough for young people to use cannabis?
Parental consent does not change the legal position. The Cannabis Act (Konsumcannabisgesetz, KCanG) sets the limit at 18 years, and this limit applies regardless of what parents and young people agree. It may seem natural that families can set rules together. For cannabis, however, a statutory age limit applies, and an agreement within the family creates no exception to it.
The age limit in the law
Under section 3(1) KCanG, possession of up to 25 grams of cannabis is permitted for persons who have reached the age of 18. The permission is tied to age. The law does not provide for any additional permission from parents, schools or other adults. Anyone under 18 therefore cannot rely on consent.
Why parents cannot create an exception
Parents can take responsibility for their child. They cannot, however, lift the statutory age limit. Anyone who gives or passes cannabis on to a minor is liable to prosecution under section 34 KCanG. The same applies to handing it over for immediate use, for example when someone passes over a joint (section 2(1) no. 8, section 34(1) no. 8 KCanG). This also applies when the parents act themselves, because the law names no exception for family members. You can find more in the article Who is liable to prosecution for giving cannabis to minors?.
Conversations as an alternative to permission
Many parents want to accompany use so that it does not happen in secret. This wish is understandable, but the law provides no basis for it. An open conversation about the reasons for the wish is better. Ask what your child is experiencing, when they feel like it and what they hope to get out of it.
What young people can do
Anyone under 18 who wants to try cannabis should know this: possession, acquisition and cultivation are prohibited for minors, as the Federal Institute for Public Health (BIÖG) also states on cannabispraevention.de. The legal limit can help you give a no without having to justify yourself. If you feel unsure or have already used cannabis, you can find advice at addiction counselling centres, through school social work or at youth counselling services. Trusted people in the family can also help you take the first step.
Consumption in the presence of a child
Section 5(1) KCanG prohibits use in the immediate presence of minors. Permission from the child or the family changes nothing about this. Anyone who wants to play it safe refrains from use at home while children are nearby.
Prevention within the family
Family rules work best when they are discussed early and clearly. These include rules for parties, for friendships and for dealing with offers on the way to school. The cannabispraevention.de website run by the BIÖG offers information that suits such conversations. An honest look at your own attitude to use is also worthwhile, because children watch closely.
- Explain the age limit of 18 in simple terms.
- Give the reason for the rule as well as the ban.
- Name contact people the child can turn to.
What permission legally achieves
Permission within the family has no legal effect on possession. The BIÖG states that cannabis remains prohibited for young people under 18 without exception. Parents can set which rules apply in the household, but these rules change nothing about the legal position. This is an important distinction that families should know about before they discuss exceptions.
Typical situations and how to classify them
Often the issue is parties, festivals or holidays where young people are offered cannabis. Parents then ask whether a ban can be relaxed by agreement. The answer stays the same: the age limit remains. Anyone who discusses such situations in advance has clearer agreements and fewer conflicts if it comes to it.
When parents should seek support
If a young person uses cannabis regularly or changes noticeably, a single conversation is often not enough. An addiction counselling centre can support parents in preparing conversations and assessing how serious the situation is. Relatives can get help there, even if the child does not want to come along.
The wording of section 3 can be found at gesetze-im-internet.de. Further questions are answered by From what age may you possess cannabis? and Is it allowed to use cannabis in front of minors?. An overview of the topic is provided by the youth protection section.
Frequently asked questions
May young people use cannabis with their parents' permission?
No. Possession, acquisition and cultivation are prohibited for minors, and the permission under section 3 KCanG applies only from the age of 18. Parental consent creates no exception. Anyone who gives cannabis to a minor is liable to prosecution under section 34. Families can get support from addiction counselling centres, which also advise relatives.
From what age does permission to possess apply?
Permission to possess up to 25 grams of cannabis applies to persons who have reached the age of 18 (section 3(1) KCanG). At the place of residence or habitual residence, up to 50 grams in total are permitted (section 3(2) KCanG). Anyone younger has neither of these permissions.