What consequences does an offence have for young people?

Young people have no permission for possession, acquisition or cultivation of cannabis. Criminally responsible young people from the age of 14 can be held accountable for offences that are also criminal for adults (BIÖG). For a youth offence, the Juvenile Court Act (Jugendgerichtsgesetz, JGG) provides for educational measures and, if these are not enough, disciplinary measures or youth imprisonment (section 5 JGG). If young people are caught using cannabis, the authorities inform the parents or legal guardians, according to the BIÖG, and in some cases the local youth welfare services are also involved. Children under 14 are not criminally responsible (section 19 of the Criminal Code, StGB) and do not act culpably under regulatory offences law (section 12 of the Regulatory Offences Act, OWiG). This article sorts the consequences by situation.

Who counts as a juvenile and who as a young adult?

Age is the pivot of cannabis law. From the age of 18, possession of up to 25 grams of cannabis is permitted (section 3(1) KCanG). Anyone younger does not fall under this permission. In criminal law, the law distinguishes between juveniles (Jugendliche) and young adults (Heranwachsende). Under section 1(2) JGG, a young adult is someone who is 18 but not yet 21 at the time of the offence.

This classification determines which law applies. For an offence committed by a juvenile, the court applies the JGG. For young adults, juvenile criminal law may also apply, and the court examines in each case which law fits. In regulatory offences law, a juvenile acts culpably only if they are mature enough by their development (section 12(1) OWiG in conjunction with section 3 JGG). A lawyer specialising in juvenile criminal law can classify this early.

Road traffic: driving under cannabis

Anyone who drives a motor vehicle in road traffic with 3.5 ng/ml or more of tetrahydrocannabinol (THC) in blood serum commits a regulatory offence (section 24a(1a) StVG). If alcohol is also involved, section 24a(2a) StVG applies. A separate ban applies to novice drivers in their probationary period and to drivers who have not yet reached the age of 21. Anyone who, as the driver of a motor vehicle in road traffic, takes the substance tetrahydrocannabinol or begins a journey under its effect commits a regulatory offence (section 24c StVG). The BIÖG calls this a complete ban on cannabis in road traffic.

A fine under section 24a(1) to (2a) StVG generally also requires a driving ban to be imposed (section 25(1) StVG). The amount of the fine is set out in section 24a(3) StVG and can be found there.

Criminal law: passing on is the most serious case

The KCanG prohibits supplying or passing on cannabis. The basic offence carries imprisonment of up to three years or a fine (section 34 KCanG). Passing cannabis on to a child or young person weighs more heavily. The law provides a standard example of a particularly serious case where the person is over 21 years of age. The penalty range is then imprisonment from three months to five years (section 34(3) KCanG).

According to the BIÖG, a young person who passes cannabis on to others as a criminally responsible person can be held accountable. Whether and how this is prosecuted depends on the individual case. Early advice helps here too.

School, parents and the youth welfare office

The school sets out in its school rules what applies on the premises. Which measures are permissible depends on the school law of your federal state. The school management will tell you about these measures on request.

The youth welfare office (Jugendamt) is a point of contact for families when help is needed. Young people have the right to approach the youth welfare office on all matters of upbringing and development (section 8(2) of Social Code Book VIII, SGB VIII). If proceedings under the JGG are under way, the youth welfare office takes part in them (section 52 SGB VIII). Anyone who hesitates to make contact can first ask a counselling service. More on the youth welfare office can be found in the article on when the youth welfare office is informed.

Health effects that matter especially for young people

The BIÖG points out that the young brain is in an important stage of development. According to the BIÖG, THC interferes with the brain's maturation processes. In the worst case, a school or vocational qualification is at risk, because memory works significantly worse. People who use cannabis are also more likely to develop psychosis than people who do not use it.

The BIÖG also gives a figure worth keeping in mind: roughly one in eight people who use cannabis becomes dependent. According to the BIÖG, the risk is greater the younger a person is and the longer and more often they use. Drugcom describes changes in the brain in connection with starting use before the age of 18. According to drugcom, whether use is the cause has not yet been fully clarified.

Possession under 18: what the permission does not cover

The possession permission under the KCanG applies only from the age of 18. Possession, acquisition and cultivation of cannabis are prohibited for minors. The penal and fine provisions tie possession to quantities: possession of more than 25 and up to 30 grams outside the home, or more than 50 and up to 60 grams in total, is a regulatory offence; beyond that it is a criminal offence (section 36(1) no. 1 and section 34(1) no. 1 KCanG). The competent authorities assess which consequences apply in an individual case.

The difference between one's own possession and passing on is important. Passing on always involves another person and is a criminal offence.

How counselling can influence the course

Anyone who contacts a counselling service early gains time to sort out the situation. Counselling services explain procedures, prepare people for conversations and refer them on where needed. It goes alongside legal advice and creates clarity about what happens next.

Parents can help without taking over the responsibility. A calm attitude helps to gather the facts. A list with date, place, the people involved and the course of the incident is useful. Later, this list helps the lawyer assess the situation.

The school can also be a point of contact. The school management knows the local rules and can say which bodies will be involved. Such a conversation should take place as early as possible, before rumours spread.

Avoiding offences: practical rules

Possession, acquisition and cultivation are prohibited for minors, and adults may not pass anything on to them. Anyone who is pressured in their circle of friends to accept or pass on cannabis can discuss this with a trusted person or a counselling service. A clear no to friends is easier than explaining oneself afterwards.

What you can do

• Keep letters from the police, authorities or school, and note deadlines immediately.
• Talk to a trusted person, such as a parent, a teacher or a school counsellor.
• During questioning, suspects are free under the law to make a statement or to remain silent on the matter (section 136 of the Code of Criminal Procedure, StPO). Get legal advice before you make any statement. A specialist lawyer in criminal law or traffic law can help with this.
• Use counselling services. Drugcom and the online counselling at suchtberatung.digital are easy to reach.

More on the rules for minors can be found in the article on police checks involving minors. Anyone who wants to know from what age criminal responsibility applies can read the article on criminal responsibility in cannabis offences. An overview of the topic is provided by the prevention and youth protection section.