May I use cannabis at home if children live in the household?

Use in your own home is not generally banned by law. However, as soon as persons under 18 are in immediate presence, the ban under section 5 of the Cannabis Act (Konsumcannabisgesetz, KCanG) applies. The wording names no place, so your own home can also be affected. This article explains what the rule requires and shows practical ways to protect children in the household.

What the presence rule requires

Section 5(1) KCanG prohibits use in the immediate presence of persons under 18. The concept of immediate presence is the core of the rule. The law does not define the term and names no distance. How close is close enough therefore cannot be stated in general. Anyone who uses cannabis in breach of section 5(1) KCanG commits a regulatory offence (section 36(1) no. 4 KCanG). The maximum fine is set out in section 36(2) KCanG.

This openness is also a reason for caution. Anyone who has to judge whether a child is still in immediate proximity has to make a decision that is hard to justify afterwards if it is disputed. When in doubt, it is therefore more sensible to postpone use.

What counts when children are only visiting

Visits by children also fall under the rule as soon as they are present. Anyone who has children as guests should plan use accordingly. This applies to family celebrations as well as to evenings with friends where children are present. It helps to tell guests in advance which rules apply in the house.

It is more difficult when children drop in briefly or turn up unexpectedly at a celebration. In that case it is worth stopping use straight away and discussing the matter later with those involved.

Storage: duty under section 10 KCanG

Cannabis and propagation material must be protected at the place of residence and habitual residence by suitable measures and safety precautions against access by third parties, in particular children and young people (section 10 KCanG). Missing or inadequate protection is a regulatory offence (section 36(1) no. 6 KCanG). The use ban in section 5(1) protects only in immediate presence, whereas the storage duty also applies when no one is using cannabis.

Practical protective measures in the household

• Keep cannabis out of reach of children, ideally locked and in a place that children do not know about.
• Use only when no children are nearby, and plan this deliberately.
• Never keep cannabis products in containers that children could mistake for sweets or food.
• Agree the rules with all adults in the household so that nobody makes an exception.

More on protection in everyday life is covered in the article on protecting children at home from cannabis.

What health means for children

The Federal Institute for Public Health (Bundesinstitut für Öffentliche Gesundheit, BIÖG) describes the young brain as an organ in an important stage of development. THC can disrupt the brain's maturation processes. For this reason, protecting children in the household matters in its own right, even when use itself is not the main concern.

How parents raise the subject

Children should know that adults in the household have rules and that they may ask questions. An open conversation without threats is usually more effective than a ban without explanation. The article on the right conversation about cannabis explains how such a conversation can succeed.

When a child finds cannabis

It can happen that a child discovers cannabis in the house. Then it helps to react calmly, put the product away safely and explain why it should not be touched. Accusations or punishments usually make the necessary conversation harder.

If the child has eaten or smoked cannabis and shows symptoms, emergency number 112 is the right contact. If uncertainty remains, for example because the child has come into contact with cannabis before, a counselling service can help. The article on cannabis found with a child describes the first steps.

What you can concretely do

• Agree with your surroundings when use is allowed in the house and when it is not.
• Postpone use if children come over or leave the flat before they return.
• Secure cannabis so that children have no access.
• Speak to a counselling service if you are unsure. The offers under help and counselling can help.

Refraining from use while children are in the house is the simplest and at the same time the most reliable rule.