Since when has the Cannabis Act (KCanG) been in force?

According to the BIÖG, the Cannabis Act (Konsumcannabisgesetz, KCanG) came into force on 1 April 2024, and since then its youth protection rules have applied. For young people, the age limit of 18, the bans on use in the presence of minors and the ban on passing cannabis on are the most important. This article gives the date, the source and the rules that have applied since then.

Entry into force and statutory text

On the prevention website cannabispraevention.de, the BIÖG states that the Cannabis Act came into force on 1 April 2024. Since then, possession, use and home cultivation of cannabis have been partly permitted for adults. According to the BIÖG, cannabis remains prohibited for young people under 18 without exception.

You can find the current wording at gesetze-im-internet.de under the abbreviation KCanG, for example section 3 on possession and section 5 on bans on use. The version of the statute in force is always decisive.

What has applied to young people since entry into force

Possession, home cultivation and membership of a cannabis association (Anbauvereinigung) are permitted only from the age of 18. In addition, the ban on use in the immediate presence of minors applies under section 5(1). Use bans also apply at schools, on children's playgrounds and in child and youth facilities, as well as in pedestrian zones between 7:00 and 20:00 (section 5(2)). Passing cannabis on to children and young people is punishable under section 34.

Changes since the start

In road traffic, a THC limit of 3.5 ng/ml in blood serum and a cannabis ban for novice drivers have applied since 22 August 2024. The Federal Ministry of Health (Bundesgesundheitsministerium) states this in relation to the act amending the Road Traffic Act. Whether the KCanG itself has been amended since its entry into force can be checked against the current statutory text.

Why the rules matter for parents and professionals

Parents and professionals must know the rules in order to protect children. Anyone who confuses the age limits passes on wrong information. A short overview helps to hold conversations in the family, at school and in youth work in a factual way. For young people in particular, it helps to know the reasons for the rules, because bans alone explain little.

Keeping health in view

The law regulates rights and duties, but it says nothing about how healthy cannabis use is. The BIÖG points out that the young brain is in an important stage of development and that THC can disrupt the brain's maturation processes. The risk of psychosis is also higher for people who use cannabis than for people who do not. This information belongs in any education on the subject.

Where to get help

If you have questions about legal consequences, a legal adviser is the right route. For questions about use and health, addiction counselling services and the BIÖG prevention website cannabispraevention.de can help. The most important rules for minors are summarised in the youth protection section of this website.

How the law structures the age limit

The KCanG first prohibits, in principle, possessing, cultivating, trading, supplying or passing on cannabis (section 2(1)). Only persons who have reached the age of 18 are excepted, and only for the permitted possession under section 3, private home cultivation under section 9 and communal cultivation within cannabis associations (section 2(3)). For everyone under 18, the ban therefore remains in place.

The law distinguishes between children and young people. Children are, under section 1 no. 18 KCanG, persons who have not yet reached the age of 14. Young people have reached the age of 14 but not yet 18 (section 1 no. 19 KCanG). Young adults are 18 to under 21 (section 1 no. 20 KCanG).

Use bans and criminal provisions

The use bans in section 5 KCanG apply to everyone who uses cannabis in public. Anyone who disregards them commits a regulatory offence (section 36(1) no. 4 KCanG). Passing cannabis on to children and young people falls under the criminal provision of section 34 KCanG. The maximum fine is set out in section 36(2); the competent authority sets the amount in the individual case.

Further protective measures for children and young people

The BIÖG lists further protective measures on cannabispraevention.de:

• Online sales of cannabis remain prohibited.
• So-called edibles, such as gummy bears or biscuits containing THC, remain prohibited.
• A general ban on advertising and sponsorship applies to cannabis and cannabis associations, including on social media (section 6 KCanG).
• Selling and passing on cannabis to young people remain prohibited.