What does the KCanG regulate on youth protection?

The Cannabis Act (Konsumcannabisgesetz, KCanG) regulates youth protection through several fixed rules. The most important is this: possession, home cultivation and membership of a cannabis association (Anbauvereinigung) are permitted only from the age of 18. In addition, there are bans on use in the presence of minors, bans at certain places and penalties for passing cannabis on to young people. This overview sorts the rules and shows where you can read the details.

The age limit of 18 applies in three places

For possession, the following applies: anyone who has reached the age of 18 may possess up to 25 grams of cannabis under section 3(1) KCanG. At the place of residence, up to 50 grams in total are permitted (section 3(2)). The age limit also applies to home cultivation, where up to three cannabis plants may be grown at the same time (section 9(1)). Only persons aged 18 may become members of a cannabis association (section 16(1)). Anyone younger has no permission in any of the three cases.

Key terms briefly explained

A cannabis association (Anbauvereinigung) is a group that grows cannabis communally and passes it on to its members. For this it needs a permit under section 11 KCanG. A minor is a person who has not yet reached the age of 18. Enclosed premises (befriedetes Besitztum) means the enclosed site on which a cannabis association runs its cultivation. These terms recur in the provisions, so it is worth looking at them.

Use in the presence of minors is banned

Section 5(1) KCanG prohibits use in the immediate presence of persons under 18. The provision names no fixed distance. Whether someone is in immediate presence must therefore be judged in the specific situation. If children or young people are in the room, it is best to refrain from use.

Places with special protection

Under section 5(2), public use is prohibited at schools and within sight of them. The same applies to children's playgrounds, child and youth facilities and publicly accessible sports facilities, in each case also within sight. The enclosed premises of a cannabis association are also protected. In pedestrian zones, public use is prohibited between 7:00 and 20:00.

The line of sight has a limit: at a distance of more than 100 metres from the entrance area of the facility, it no longer exists. The details on schools are explained in the article How far from the school entrance may one use cannabis?.

Passing on to minors is punishable

Passing on cannabis is punishable under section 34 KCanG. The basic offence carries imprisonment of up to three years or a fine. A particularly serious case generally applies where a person over 21 years of age passes cannabis on to a child or young person. Section 34(3) provides a penalty range of three months to five years' imprisonment for this. The details are described in the article Who is liable to prosecution for giving cannabis to minors?.

Advertising, access and storage

Advertising and sponsorship for cannabis and for cannabis associations are prohibited under section 6 KCanG. Persons under 18 may not go onto the enclosed premises of a cannabis association. Section 23(1) sets this out. In addition, cannabis and propagation material at the place of residence must be protected from access by third parties by suitable measures, in particular from children and young people (section 10 KCanG). Missing protection is a regulatory offence (section 36(1) no. 6 KCanG).

Why the limit is set at 18

The young brain is in an important stage of development, and cannabis use can affect this development. On its page about the risks for young people, the BIÖG describes that memory and school-leaving qualifications may be at risk. The age limit addresses precisely this phase. Anyone who supports young people should know the reasons so that they can explain them too.

Young adults between 18 and 21

Young adults are persons who have reached the age of 18 but not yet 21 under section 1 no. 20 KCanG. The Juvenile Court Act (JGG) sets the same limits for the time of the offence (section 1(2) JGG). For supply by cannabis associations, narrower limits apply to them: at most 30 grams per calendar month and a THC content of at most 10 percent (section 19(3) KCanG). The daily limit of 25 grams also applies in this age group.

What the rules mean for parents

Parents do not need to know the rules by heart. They should, however, be able to explain the key points. The age limits are set for minors, and parents cannot lift them by agreement. Anyone who passes cannabis on to their own child is liable to prosecution under section 34. Use in the immediate presence of the child breaches section 5(1).

What you can do

Laws set the framework, and prevention makes it effective in everyday life. Parents can talk about cannabis early and without threats. Professionals in schools and youth work can explain the rules and name contact persons. Anyone with questions of their own will find information for parents, young people and professionals on the prevention website cannabispraevention.de run by the BIÖG.

• Keep the three age limits of 18 in mind.
• Refrain from use in the vicinity of children and young people.
• If there is suspicion of passing on to minors, involve a counselling service or legal advice.

Bans and sanctions at a glance

Bans and sanctions differ. Possession of cannabis by under-18s, and possession above the permitted quantities, is prohibited. Passing cannabis on to children and young people is punishable (section 34 KCanG). Use in breach of section 5 and missing protection under section 10 are regulatory offences (section 36(1) nos. 4 and 6 KCanG), which can be punished with a fine. The maximum fine is set out in section 36(2) KCanG. Anyone who knows this difference can explain more clearly in conversations with children what is permitted and what is not.

Youth protection in school and youth work

Staff in schools and youth centres encounter these rules every day. They can explain age limits and places with special protection to groups and point out the line of sight around schools and playgrounds. Anyone planning events should know the bans within sight, because they also cover areas that are not part of the school grounds.

A fixed contact person whom young people can turn to is helpful. Counselling services offer such conversations, and the prevention website cannabispraevention.de provides material that specialists can use in class.

The text of the law can be found at gesetze-im-internet.de. An overview of all topics relating to youth protection is provided by the youth protection section on this website. For individual questions, the following are also worthwhile: From what age may you possess cannabis? and Is it allowed to use cannabis in front of minors?.