Prevention and youth protection · Specialists and schools

May teachers come to work under the influence of cannabis?

5 min read · Updated 27 October 2026 · Editorial team of The Cherry e.V.

Whether teachers may come to work under the influence of cannabis is not governed by the Cannabis Act (Konsumcannabisgesetz, KCanG). It is governed by the civil service law of the federal state. Under federal law, use in the immediate presence of persons under 18 is prohibited (section 5(1) KCanG), as is public use at schools and within sight of them (section 5(2) no. 1 KCanG). In addition, there are rules for the journey to school. This guide explains the federal provisions.

The use ban in the presence of minors

Under section 5(1) KCanG, use of cannabis in the immediate presence of persons under 18 is prohibited. Minors are present during lessons, so this rule plays a central role on duty.

Under section 5(2) no. 1 KCanG, public use is prohibited at schools and within sight of them. The line of sight ends at a distance of more than 100 metres from the entrance area. The provision names no times for schools. Breaches are regulatory offences (section 36(1) no. 4 KCanG).

The journey to school

Anyone who drives a motor vehicle in road traffic with 3.5 ng/ml or more of tetrahydrocannabinol in blood serum commits a regulatory offence (section 24a(1a) StVG). Other vehicles, such as bicycles, are subject to different rules that are not covered here. Section 24c StVG additionally applies to novice drivers in their probationary period and to drivers under 21. A fine under section 24a StVG is provided for; no specific amount is given in this guide on purpose.

A fine under section 24a(1) to (2a) StVG generally also requires a driving ban to be imposed under section 25(1) StVG. A driving ban can affect the journey to school and fitness for duty at the same time. Anyone who wants to arrive safely refrains from use before driving.

There is a separate rule for mixed use. Under section 24a(2a) StVG, anyone who drives a motor vehicle with 3.5 ng/ml or more of THC in blood serum and consumes an alcoholic drink, or begins the journey under the effect of alcohol, commits a regulatory offence. The fine range is higher than under section 24a(1a) (section 24a(3) StVG).

Medical cannabis prescribed by a doctor

Under section 24a(4) StVG, anyone who takes medical cannabis on prescription is exempt from the regulatory offences under subsections (1a), (2) and (2a), provided the substance comes from the intended use of a medicine prescribed for a specific illness. Under section 3 of the Medical Cannabis Act (Medizinal-Cannabisgesetz, MedCanG), cannabis for medical purposes may be prescribed only by doctors and is dispensed only by a pharmacy against presentation of the prescription.

Anyone who takes medical cannabis should clarify with the treating doctor how taking it affects driving. The exemption does not replace this assessment.

The civil service consequences

Which civil service consequences use has is governed by the civil service law of the federal state. This covers duties on duty, conduct towards pupils and which measures the employing authority may take. This guide cannot answer this question for your state, because the rules differ.

Anyone affected should clarify the questions with the school management and the responsible personnel office. Legal advice from a specialist lawyer in employment or civil service law can help in specific cases. Courts decide individual cases.

Suspicion within the staff

If colleagues suspect use, they should not act hastily. Speak first to the school management and record what you have observed. A doctor can clarify whether health reasons are involved. In case of acute danger to pupils, call the police or the emergency number.

The article How do teachers recognise cannabis use in lessons? shows how to recognise signs in lessons. On the duty to report incidents, read the article Must teachers report cannabis incidents?.

Prevention within the staff

The school rules should name the ban on use, identify the point of contact and set out who documents incidents. Training also helps to recognise signs early without judging hastily.

For parents and teachers, the prevention website cannabispraevention.de offers information on risks and protective factors.

What you can now do concretely

Check whether the journey to school is safe after use, and when in doubt refrain from use before duty altogether.
Clarify with the school management what the school rules provide for cannabis.
Get information on civil service questions from the personnel office or from a specialist lawyer.
If there is suspicion of danger to pupils, inform the school management immediately.

The question of whether you may drive after use is answered in detail in the article Am I allowed to drive after cannabis?.

Frequently asked questions

May a teacher teach after using cannabis?

Minors are present during lessons. Under section 5(1) KCanG, use in the immediate presence of persons under 18 is prohibited. Which civil service consequences use has is governed by the civil service law of the federal state. Clarify this with the school management and the responsible personnel office.

From when is someone considered under the influence of cannabis in road traffic?

Under section 24a(1a) StVG, the limit is 3.5 ng/ml or more of tetrahydrocannabinol in blood serum. A breach may lead to a fine under section 24a StVG. For such a fine, section 25(1) StVG generally also requires a driving ban to be imposed.

Does a medical prescription protect against fines in road traffic?

Under section 24a(4) StVG there is an exception for the intended use of a medicine prescribed for a specific illness. The exception does not replace the assessment of whether driving is safe. Discuss this with the treating doctor.