Do teachers have to report cannabis incidents?

Whether teachers have to report cannabis incidents depends on the school law of the relevant federal state and on the rules of the individual school. There is therefore no single answer that applies everywhere. The KCanG regulates bans and penalties, but it does not describe procedures at schools. This article explains where the rules are found, which steps make sense in everyday school life and who helps when you are unsure.

Why the answer depends on the federal state

Education is the responsibility of the federal states. The duties of teachers are therefore set out in the school laws of each state, in ordinances and in decrees of the ministries of education. In addition come the school regulations and the internal procedures of each school. Anyone who wants to know what applies must therefore check the state rules or ask the school management.

This matters more than it might seem. A rule from another federal state does not automatically apply to your school. The terms incident and report can also be defined differently depending on the rules. Anyone working at a school should know their own official instructions.

What the KCanG means for school life

The KCanG contains provisions that also apply at schools. Under section 5(2) no. 1, public consumption in schools and within sight of schools is prohibited. Passing cannabis on to a child or young person is a criminal offence under section 34 KCanG. For cases involving people over 21, the Act provides a standard example of a particularly serious case.

However, this does not automatically determine which duty a teacher has in an individual case. Criminal law describes what is prohibited. Whether and how a teacher must respond follows from the school law and the civil service law of the federal state.

Child protection: what section 4 KKG provides

Independently of the KCanG, section 4 of the Act on Cooperation and Information in Child Protection (KKG) expressly names teachers at public schools and at state-recognised private schools. If they become aware of serious indications that the welfare of a child or young person is at risk, they should discuss the situation with the child or young person and with those holding parental responsibility and, where necessary, work towards the use of support services. They are entitled to advice from a specialist with relevant experience. If averting the risk is ruled out, or if this approach remains unsuccessful and they consider action by the Jugendamt necessary, they are authorised to inform the Jugendamt (section 4(1) to (3) KKG).

Whether a student's cannabis use gives rise to such indications depends on the individual case. Further reporting duties follow from the school law of the federal state.

Typical situations and first steps

In everyday school life, situations vary. A teacher may notice a smell, find material, hear of an incident in the schoolyard or observe unusual behaviour. The first steps are similar in many cases. It is important not to exaggerate and not to conceal anything.

• Record the facts objectively: date, time, place and the people involved.
• Inform the school management, as it is responsible for the next steps.
• Involve the counselling teacher or school social work if a student needs support.
• Do not carry out your own investigations or search belongings on your own authority.

Documentation protects everyone involved. It should stay factual and mark assumptions as such. A note that contains only judgements is of little help in the later process.

Who helps when you are unsure

The first point of contact is the school management. It knows the school regulations and the local procedures. For fundamental questions about duties, the school supervisory authority of the federal state can help. Counselling teachers at many schools can also give information and pass cases on where needed.

There are also addiction counselling services that advise schools and train professionals. An overview of materials is offered by the BIÖG at cannabispraevention.de. For criminal law questions about a specific incident, a specialist lawyer for criminal law can clarify which body is responsible.

Data protection and confidentiality

Information about students is personal data. It goes only to bodies that need it for their task. The school sets how parents are informed, following the rules of the federal state. Teachers should first coordinate conversations with students internally before involving other bodies.

Confidentiality also has limits. Where there are serious indications of a risk, section 4 KKG allows the Jugendamt to be informed. A conversation with the counselling teacher can help to identify the threshold correctly.

Prevention in lessons

Many incidents can be defused through good preparation. Schools can build prevention topics into lessons, for example the question of how the young brain responds to cannabis. The BIÖG explains that the young brain is in an important stage of development and that, in the worst case, use can jeopardise a school or vocational qualification.

What parents can expect from the school

Parents have a legitimate interest in knowing how the school handles an incident. How and when they are informed is set by the school law of the federal state and by the school regulations. Parents can ask the school management which steps are planned and who their contact person is.

Conversely, teachers expect a factual working relationship with parents. A joint conversation helps to put the situation in context without the child slipping into the role of a defendant. Clear agreement on contact persons prevents information from reaching people through different channels.

What teachers can do now

• Read the school law of your own federal state and the school regulations, or ask the school management.
• Clarify with colleagues who is responsible for incidents and who documents them.
• Involve a counselling service in planning before an incident occurs.
• Use the BIÖG materials in lessons. More on this is in the article on school prevention.

Further guidance on the steps after an incident is in the article on the steps after an incident. When to involve the police is explained in the article on involving the police at schools. You will find the framework for youth protection in the section Prevention and youth protection.