What happens if the police catch minors with cannabis?

Minors are prohibited from possessing, acquiring and cultivating cannabis, and the permission under section 3 KCanG only applies from age 18. If young people are caught using cannabis, the authorities inform the parents or other persons with parental responsibility in every case, according to the BIÖG. In some cases the local youth welfare service is also brought in. Which further consequences follow depends on the amount, the age and the circumstances. This article explains the legal position and names contacts that parents and young people can turn to.

The legal position: no permission under 18

Under section 3(1) KCanG, possession of at most 25 grams of cannabis is permitted for persons who have completed their 18th year of life. Anyone younger cannot rely on this rule. The same applies to home cultivation under section 9, as the permission there also starts at 18. The age limit is therefore the first and most important point that everyone involved should know.

What matters in individual cases

The KCanG ties administrative and criminal penalties for possession to amounts. Possession of more than 25 grams and at most 30 grams outside the home, or more than 50 grams and at most 60 grams in total, is an administrative offence. Beyond that, it is a criminal offence (section 36(1) no. 1 and section 34(1) no. 1 KCanG). For offences that are also punishable for adults, young persons aged 14 and over are liable to prosecution (according to the BIÖG). Children under 14 are not criminally responsible (section 19 of the Criminal Code (StGB)), and their conduct cannot be reproached under administrative offence law (section 12(1) of the Administrative Offences Act (OWiG)). For a criminal offence committed by a young person, the Juvenile Court Act (JGG) allows educational measures, disciplinary measures or a youth custodial sentence (section 5 JGG). How a case proceeds depends on the amount, the circumstances and any further violations.

What parents can do

Parents should first stay calm and ask questions before making accusations. A conversation with the young person often reveals more than a check does. If parents are unsure whether the use has changed their child's everyday life, they can contact an addiction counselling service. There, specialists work who also advise parents.

If parents receive post from authorities themselves, or the police approach them, they should consult a legal advice service or a lawyer. This applies especially where deadlines, notices or personal details are concerned. Hasty answers can be hard to correct later.

What young people should know

Minors who have cannabis on them should not stay alone with it. Trusted people such as parents, older siblings, school social work or a counselling service can help plan the next step.

Child welfare and the Jugendamt

Where there are serious indications that a child's welfare is at risk, the Jugendamt assesses the risk (section 8a of Book VIII of the Social Code (SGB VIII)). The Jugendamt advises families where the welfare of a child is concerned. Parents can also seek advice on their own initiative, without waiting for accusations.

Prevention: being prepared

Parents can defuse many situations if they discuss the topic beforehand. This includes agreeing rules on parties, friends and use. Anyone who knows what applies at home makes good decisions more quickly in an emergency. The BIÖG's prevention website cannabispraevention.de offers material for parents and young people with which such rules can be prepared.

Stay calm and secure documents

A suspect who is questioned must be told that they are free to make a statement about the accusation or to refuse to give evidence on the matter, and that they may consult a defence counsel at any time (section 136 of the Code of Criminal Procedure (StPO)). Parents and young people should note down what happened, who was involved and which documents were handed over. These notes help later in counselling or with a lawyer, when the sequence of events has to be reconstructed.

School and training

An incident can also affect school or the training company. Whether and when information reaches them depends on the circumstances. Parents can ask school social work what support is available.

Keeping documents safe

Anyone who receives post from authorities should keep envelopes and letters complete, even if the content seems hard to understand. Deadlines often run from the date of receipt, and missed deadlines are hard to make up later. A lawyer or counselling service can check which steps are now needed.

If a procedure asks for personal details, an identity card or a school certificate may play a role. Anyone unsure which details are required does not have to answer immediately and can first seek advice.

Support for young people

For young people, contact with a trusted person is especially important. Parents, older siblings or a teacher can accompany them when an appointment is due. Being accompanied takes away some of the uncertainty and helps them ask questions calmly.

You can find the wording of section 3 at gesetze-im-internet.de. Further questions are answered in At what age may you possess cannabis? and Can parents be punished if their child smokes cannabis?. An overview is provided in the youth protection section.