What duties do adults have to protect children?

The Cannabis Act (Konsumcannabisgesetz, KCanG) is aimed mainly at adults. It places duties on them so that children and young people come into contact with cannabis as little as possible. The most important rules concern possession, passing on and use in the presence of minors. This article summarises them and puts them in context, so that you know what applies to adults and where practical protection begins.

Possession is a question of age

Persons aged 18 and over may possess up to 25 grams of cannabis under section 3 KCanG. At the place of residence or habitual residence, up to 50 grams in total are permitted, for flowers, flower-adjacent leaves and other plant material based on weight after drying, plus up to three living plants. Anyone younger does not have this right. The age limit is therefore the first protective point in the law.

Passing on to children and young people is a criminal offence

Anyone who gives or passes cannabis on to children or young people commits a criminal offence. The basic offence under section 34 KCanG carries imprisonment of up to three years or a fine. The law also provides a standard example of a particularly serious case. It applies where a person over 21 gives cannabis to a child or young person. For this case the law provides imprisonment from three months to five years.

Handing over cannabis for immediate consumption, for example passing on a joint, is also prohibited and punishable under section 34(1) no. 8 KCanG. The law names no exception for favours or friendship. The article on the liability to prosecution for passing cannabis on to minors explains the details.

Use in the presence of minors

Use is prohibited in the immediate presence of persons under 18. The wording names no place. For that reason your own home can also be affected if children are present. The law does not set a fixed distance.

More on this is explained in the article on the ban on use in the presence of minors.

Places where children are especially protected

Public use is prohibited at schools, children's playgrounds, child and youth facilities and publicly accessible sports facilities, in each case also within sight of them, and also on the enclosed premises of a cannabis association (Anbauvereinigung). In addition, pedestrian zones are covered between 7:00 and 20:00. The line of sight ends at a distance of more than 100 metres from the entrance area of the respective facility (section 5(2) KCanG).

These rules are simple to describe, but in everyday life they require a judgement about the situation. Anyone who is unsure should refrain from use.

Storage at home

Cannabis and propagation material must be protected at the place of residence and habitual residence by suitable measures against access by third parties, in particular children and young people (section 10 KCanG). If this protection is missing or inadequate, it is a regulatory offence (section 36(1) no. 6 KCanG). The law does not say which measure is suitable. A lockable cabinet is an obvious example. Cannabis should never be kept in containers that a child could mistake for food or sweets.

Open conversations and clear agreements in the household, for example about storage and times of use, complement this duty. Such agreements do not replace the law.

Advertising is part of youth protection

Advertising also concerns youth protection. Advertising and any form of sponsorship for cannabis and for cannabis associations are prohibited under section 6 KCanG. Under section 1 no. 14 KCanG, advertising means any form of commercial communication aimed at promoting the use or passing on of cannabis. Whether a private post falls under this depends on whether it is such commercial communication. The article on the ban on cannabis advertising explains what falls under it in practice.

For adults this means that anyone who publishes content should check whether it could act as an incentive.

What happens if duties are breached

Passing on to minors is a criminal offence (section 34 KCanG). Use in breach of section 5, inadequate protection under section 10 and advertising under section 6 are regulatory offences (section 36(1) nos. 4, 5 and 6 KCanG), which can be punished with a fine. The maximum fine is set out in section 36(2) KCanG. Legal advice can clarify how an individual case is assessed.

What you can concretely do as an adult

• Know the quantity limits for possession and keep to them.
• Do not pass cannabis on to children or young people, even as a favour or among friends.
• Do not use cannabis in the presence of minors, and plan any use so that children do not witness it.
• Store cannabis securely and out of reach of children.
• Seek advice if you are worried about a child. The services listed under prevention name contacts.

Where to get help

Anyone with questions about these duties will find a first orientation in the youth protection section and in the article on the KCanG at a glance. For personal questions, counselling services are the right place.