Who counts as a minor under the KCanG?

The Cannabis Act (KCanG) does not define the term "minor". It distinguishes by age. Children have not yet completed their 14th year of life (section 1(18) KCanG). Young persons have completed their 14th year but not yet their 18th (section 1(19)). Young adults (Heranwachsende) have completed their 18th year but not yet their 21st (section 1(20)). Minors are therefore persons under 18. This limit is the anchor for most of the Act's youth protection rules. In addition, certain age groups matter for membership and for passing cannabis on in cannabis associations.

The 18-year limit in the Act

Possession of cannabis is permitted under section 3(1) KCanG for persons who have completed their 18th year of life. Possession of at most 25 grams is therefore a rule for adults. The entitlement therefore starts only at the age of majority.

The ban on consumption in the immediate presence of persons under 18 under section 5(1) KCanG also follows this limit. The rule protects minors from having to witness consumption in their surroundings. More on this is explained in the article on the ban on consumption in the presence of minors.

The same threshold applies to cannabis associations. Under section 16(1) KCanG, cannabis associations may only have members who have completed their 18th year of life. Under section 23(1) KCanG, persons who have not yet completed their 18th year of life have no access to the enclosed premises of a cannabis association. The article on access for under-18s describes the consequences for everyday life.

Young adults: 18 to under 21

The Act recognises a second age group. Young adults (Heranwachsende) are persons who have completed their 18th year of life but not yet their 21st year under section 1(20) KCanG. The Juvenile Court Act (JGG) also uses the term and names the same limits, based on the time of the offence (section 1(2) JGG).

This age group is particularly important for cannabis associations. Under section 19(3) KCanG, young adults may receive at most 30 grams of cannabis per calendar month. The daily maximum of 25 grams still applies. The Act also states that the THC content may not exceed 10 percent. The article on amounts for young members between 18 and 21 explains the figures in detail.

From age 21

At 21, the full dispensing amount applies in cannabis associations. Under section 19(3) sentence 1 KCanG, members aged 21 and over may receive at most 25 grams of cannabis per day and at most 50 grams per calendar month. These figures refer to passing cannabis on to members under section 19(3) KCanG.

Until the 21st birthday, the amounts for young adults of at most 30 grams per calendar month apply. Anyone planning a monthly amount should therefore note the date of the 21st birthday.

Why age is checked so closely

Cannabis associations must ensure with every transfer that age and membership are strictly checked, by presenting the membership card together with an official photo ID (section 19(2) KCanG). If this check is missing, it is an administrative offence (section 36(1) nos. 16 and 17 KCanG).

For private individuals, the following applies: passing cannabis on is in principle prohibited (section 2(1) no. 7 KCanG), and cannabis from home cultivation may not be passed on to third parties (section 9(2) KCanG). Passing cannabis on to minors is also a criminal offence.

What applies when passing on to younger persons?

Passing cannabis on to minors is a criminal offence under section 34 KCanG. The Act provides for imprisonment of up to three years or a fine for supplying or passing on. If a person over 21 passes cannabis on to a child or young person, a particularly serious case is generally present. The term of imprisonment is then three months to five years (section 34(3) KCanG).

The article on criminal liability for passing on sets out the details.

An overview of the age limits

The limits at a glance help with classification. The table shows the rules from the sections above.

Age	Possession under section 3 KCanG	Dispensing in cannabis associations under section 19 KCanG
Under 18	Permitted from 18 under section 3(1)	Membership from 18 under section 16(1)
18 to under 21 (young adults)	Permitted, at most 25 grams	At most 30 grams per calendar month, THC at most 10 percent
From 21	Permitted, at most 25 grams	At most 25 grams per day and 50 grams per calendar month

The table summarises the rules. For specific cases, read the statutory text or ask a counselling service.

What you can do now

1. Classify yourself or the person concerned by age group: under 14, 14 to under 18, 18 to under 21, or 21 and over.
2. For questions about membership, read the statutory text of section 16 and section 19 KCanG.
3. If you have minors in your circle, clarify which rules apply to them.
4. If you are unsure, contact a counselling service or the licensing authority.

An overview of youth protection as a whole is provided in the article What does the KCanG regulate on youth protection?.