Does the cannabis ban also apply on school trips?
The cannabis ban also applies on school trips, because the Cannabis Act (Konsumcannabisgesetz, KCanG) prohibits use in the immediate presence of persons under 18. On a school trip minors are almost always present, so the ban applies to use wherever it takes place. Possession and passing on are also regulated. Anyone accompanying a school trip should know the rules and discuss them with the school in advance.
The use ban in the presence of minors
Under section 5(1) KCanG, using cannabis in the immediate presence of persons under 18 is prohibited. The wording names no place. A youth hostel, a campsite or a hotel room can therefore be affected just as much as school grounds.
The law does not define the term immediate presence and names no distance. How far it reaches cannot be stated in general. On a trip with pupils, refraining from use is therefore the safe route. Anyone who uses cannabis in breach of section 5(1) commits a regulatory offence (section 36(1) no. 4 KCanG).
Use in public spaces
On a school trip the route often runs through town centres. Under section 5(2) no. 5 KCanG, use in pedestrian zones between 7:00 and 20:00 is prohibited. Public use is also prohibited at schools, child and youth facilities, children's playgrounds and publicly accessible sports facilities, and in each case within their sight. The line of sight ends at a distance of more than 100 metres from the entrance area.
Anyone travelling should therefore find out about the rules at the destination in advance. The federal law applies throughout Germany; what the rules look like locally must be checked on the spot.
Possession and passing on
Possession of up to 25 grams of cannabis is permitted under section 3(1) KCanG for persons who have reached the age of 18. For pupils under 18, possession, acquisition and cultivation of cannabis are prohibited.
Passing on is more serious still. Under section 34 KCanG, supplying or passing on cannabis is punishable by imprisonment of up to three years or a fine. If a person over 21 gives cannabis to a child or young person, a particularly serious case generally applies, with imprisonment from three months to five years (section 34(3) KCanG). Handing over cannabis for immediate consumption, such as passing on a joint, is also punishable under section 34(1) no. 8 KCanG.
The responsibility of accompanying adults
Accompanying adults are responsible for the group. They should therefore make clear arrangements before the trip begins. This includes writing the rules down and making sure everyone involved knows whom to contact in the event of an incident. The school sets out the procedure within the framework of the school law of the federal state.
Accompanying adults may not use cannabis in the immediate presence of pupils (section 5(1) KCanG). Anyone supervising a group should also remain sober and be available to talk.
Handling incidents properly
If an incident occurs during a trip, it is important to act calmly. First ensure the safety of those affected. Inform the school management and document what happened. If there is suspicion of an offence, such as passing on, the police are the right contact.
In health emergencies, dial the emergency number. If you find cannabis with a child, seek a conversation and do not take hasty measures. The article What to do if you find cannabis with a child? describes the first steps.
Preparation: what to clarify before the trip
Good preparation makes a big difference. Clarify with the school management which rules the school sets for the trip, and have them confirmed in writing. Anyone planning the trip will find further guidance in the article on planning school trips.
Talk to the parents about the rules before departure. This builds trust and clears up questions before any problems arise on site.
What pupils should know
Young people should also know the rules. They need to know that cannabis is not used around the group and that they may raise problems.
Anyone with questions about their own use can find help at a counselling service. The Sucht & Drogen Hotline of the Federal Institute for Public Health (BIÖG) can be reached on 01806 313031 every day from 8:00 to 24:00.
What you can do now
- Clarify the rules for the trip with the school management and record them in writing.
- Inform parents before departure about the rules and the procedure for incidents.
- Decide who informs the school management in the event of an incident.
- Take the time during preparation to go through the rules once with the group.
More on the role of supervisors can be found in the article Are youth leaders allowed to use cannabis at youth leisure camps?. The basic rules for protecting children are summarised in the article on the duties of adults.
Frequently asked questions
May I use cannabis on a school trip?
Under section 5(1) KCanG, use in the immediate presence of persons under 18 is prohibited. Minors are usually present on a school trip. The ban therefore applies regardless of the location. If you are unsure, ask the school management, which sets out the procedure for the trip.
May pupils under 18 possess cannabis?
Possession is permitted under section 3(1) KCanG only for persons who have reached the age of 18. Possession, acquisition and cultivation of cannabis are prohibited for minors. For questions about a specific incident, the police or a counselling service can help.
What happens if an adult gives cannabis to a young person?
Under section 34 KCanG, supplying or passing on cannabis is punishable by imprisonment of up to three years or a fine. If a person over 21 gives cannabis to a young person, this generally counts as a particularly serious case, and imprisonment is then from three months to five years.