Is it allowed to use cannabis in front of minors?
No, in the immediate presence of minors, cannabis use is prohibited under the KCanG. Section 5(1) names this situation expressly, and the age limit is 18. Whether a situation falls under it must be judged case by case. The article explains what the law says, where the rule reaches its limits and how you can handle it in everyday life.
What section 5(1) KCanG prohibits
The law prohibits use in the immediate presence of persons under 18. Unlike the places in section 5(2), subsection 1 names neither a place nor a distance. The protection therefore depends on the situation, and a list of places plays no part. Anyone who uses cannabis at home, in a car or outdoors must check whether minors are in immediate presence. A breach is a regulatory offence (section 36(1) no. 4 KCanG), and the maximum fine is set out in section 36(2).
When someone is in immediate presence
The provision names no fixed distance. How close is too close therefore remains a question of the individual case. The law does not define the term, so no number and no fixed rule can be given here. Anyone who cannot judge with certainty whether a child is in immediate presence is better off refraining from use.
Distinguishing from places with special protection
Alongside presence, there are places where public use is prohibited. These include schools and their line of sight, children's playgrounds, child and youth facilities and publicly accessible sports facilities. The enclosed premises of cannabis associations (Anbauvereinigungen) are also protected, likewise within sight. In pedestrian zones the ban applies between 7:00 and 20:00. The line of sight ends at a distance of more than 100 metres from the entrance area of the respective facility. More on this is in the article How far from the school entrance may one use cannabis?.
Why protecting children matters
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. Anyone who keeps this in mind will act more cautiously when in doubt.
What you can do in everyday life
- Plan use for times when no children or young people are nearby.
- Inform guests in advance if children are coming to visit.
- Explain the reason for the rule if children ask.
- If in doubt, do not use at home.
When children notice the use
A short, honest answer helps when children ask questions. Parents can explain that cannabis is permitted for adults only under clear rules and that minors may not possess or use it.
Help and information
For questions about the law, a legal adviser can help. For conversations about use and family, addiction counselling services are there. Information on health and prevention is offered by the BIÖG website cannabispraevention.de.
When use takes place at home
Conflicts often arise at home because adults see their own use as a private matter. However, the ban in section 5(1) contains no exception for one's own home where minors are in immediate presence. Anyone expecting children to visit should therefore plan use for another time.
Guests and housemates
Children or young people may also visit shared flats. In that case everyone involved should agree in advance who may use when. A simple agreement such as “No use while children are here” prevents many misunderstandings and reliably protects the younger ones.
Conversations about the presence of children
Some adults wonder whether use is allowed in a room where a child is asleep or in the next room. The law sets no fixed rule for this, and the situation decides. Anyone who wants to avoid such cases plans use so that children are not nearby, which creates clarity for everyone involved.
Parties are also a typical case. As soon as children stay overnight in the house or come to visit, guests should know in advance that no cannabis is used. A friendly, clear agreement protects the children and spares everyone awkward situations.
Responsibility in the neighbourhood
The protection of children does not end at your own front door. Anyone using cannabis on a balcony or in the courtyard should check whether children from the neighbourhood are in immediate proximity. A quick look beforehand prevents misunderstandings and strengthens trust among neighbours.
The wording can be found at gesetze-im-internet.de. An overview of all age limits is given in What does the KCanG regulate on youth protection?. On parents and liability, read Can parents be punished if their child uses cannabis?.
Frequently asked questions
Is use at home allowed when no child is present?
The ban in section 5(1) KCanG applies only in the immediate presence of minors. If no children or young people are in immediate presence, this ban does not apply. The places in section 5(2) remain separate from this, because they concern public use.
How close may a child be before the ban applies?
The law names no fixed distance. What matters is whether the child is in immediate presence. The law does not define exactly what this means. When in doubt, refrain from use. Legal advice can help in unclear cases.